Public Document Pack
Planning, Taxi Licensing & Rights of Way Committee
Meeting Venue Council Chamber - County Hall, Llandrindod Wells, Powys
Meeting Date
Thursday, 22 August 2019 County Hall Llandrindod Wells Meeting Time Powys 10.00 am LD1 5LG
For further information please contact Carol Johnson 15 August, 2019 01597826206 [email protected]
Mae croeso i chi siarad yn Gymraeg neu yn Saesneg yn y cyfarfod, a bydd gwasanaeth cyfieithu ar y pryd ar gael. You are welcome to speak Welsh or English in the meeting, and a simultaneous translation service will be provided.
AGENDA
1. APOLOGIES
To receive apologies for absence.
2. MINUTES OF THE PREVIOUS MEETING
To authorise the Chair to sign the minutes of the previous meeting of the Committee held on 1 August, 2019 as a correct record. (To Follow)
Rights of Way
3. DECLARATIONS OF INTEREST
To receive any declarations of interest from Members relating to the next item on the agenda.
4. TOWN AND COUNTRY PLANNING ACT 1990, SECTION 257 PUBLIC PATH ORDER PROPOSAL
1
To consider a report regarding a proposal to divert part of public footpath 29 on land at Severnside, Forden (Community of Forden.) (Pages 5 - 12)
Planning
5. 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.
6. PLANNING APPLICATIONS FOR CONSIDERATION BY THE COMMITTEE
To consider the reports of the Head of Property, Planning and Public Protection and to make any necessary decisions thereon.
(Pages 13 - 14)
6.1. Updates Any Updates will be added to the Agenda, as a Supplementary Pack, wherever possible, prior to the meeting. (To Follow)
6.2. 19/1161/NMA Abermule Business Park, Abermule, Newtown, SY15 6NU (Pages 15 - 24)
6.3. 19/0524/FUL Rhiwhiriaeth Isaf, Llanfair Caereinion, Welshpool, Powys, SY21 0DU (Pages 25 - 48)
6.4. 19/1025/AGR Maesgwyn Uchaf, Guilsfield, Welshpool, Powys, SY21 9DE (Pages 49 - 54)
7. DECISIONS OF THE HEAD OF PROPERTY, PLANNING AND PUBLIC PROTECTION ON DELEGATED APPLICATIONS
To receive for information a list of decisions made by the Head of Property, Planning and Public Protection under delegated powers. (Pages 55 - 74)
Taxi and other licensing
8. MINUTES OF TAXI LICENSING SUB-COMMITTEES
To authorise the Chair presiding at the Taxi Licensing Sub-Committee on 30 July, 2019 to sign the minutes as a correct record. (Pages 75 - 76)
This page is intentionally left blank 4
CYNGOR SIR POWYS COUNTY COUNCIL
PLANNING, TAXI LICENSING AND RIGHTS OF WAY COMMITTEE 22 August 2019
REPORT BY: HEAD OF HOUSING AND COMMUNITY DEVELOPMENT
SUBJECT: Town and Country Planning Act 1990, section 257 Public path Order proposal
REPORT FOR: DECISION ______
Proposal to divert part of public footpath 29 on land at Severnside, Forden (Community of Forden.)
Background:
This report is being presented to the Committee in accordance with the Council’s constitution, as the diversion proposal affects Council land. The need for a diversion of footpath 29 has arisen because the development subject of planning permission 19/0105/FUL would lie on the line of part of the footpath.
The planning permission, which was granted on 11 April 2019, is for the erection of an extension to a livestock building at Severnside – an established commercial dairy farm, approximately 1.1 miles north west of the village of Forden. The applicant’s block plan, as submitted during the planning permission process showing the development is at Appendix A. The proposed line of the footpath diversion is shown on the plan at Appendix B.
The applicant for the proposed diversion of the footpath is Powys County Council as Severnside is part of the Council’s Farm estate.
Current Definitive route: Footpath 29 commences at a junction with the U2467 unclassified public highway at OS Grid Reference SJ 2187, 0181 (point A). It follows in a generally north-north westerly direction firstly along a track and then through a field parallel with the field boundary. It then turns to follow a curve along the farm access track in a more northerly direction through Severnside farmyard. From here it travels in a north easterly direction along a track and then onto a grassed surface. It ends at the field boundary at OS grid reference SJ 2212, 0262 (point H). The total length to be diverted is approximately 965 metres; the average width of the path is stated to be 4ft on the parish survey card.
Proposed alternative route: The proposed new route of footpath 29 commences at a junction with the U2467 unclassified public highway at OS grid reference SJ 2187,0181 (point A). It follows in a generally north-north-westerly direction along the farm access
Page 5 track for approximately 111 metres to OS grid reference SJ 2183,0192 (point B), where it leaves the track on its west side and passes through a field gate to bypass a cattle grid placed in the track surface. The footpath then re-joins the track and continues in generally a north-north-westerly direction for approximately 123 metres to OS grid reference SJ 2179,0203 (point C) where it turns to an east-north-easterly direction to pass through a pedestrian gate. The footpath continues across a natural grassed surface in a generally east- north-easterly direction for approximately 162 metres to OS grid reference SJ 2192,0211 (point D) where it traverses a 2metre wide boardwalk over the water course and passes through a pedestrian gate. The path then continues in an east-north-easterly direction for approximately 10 metres before turning to travel in a generally northerly direction for approximately 155 metres parallel with the field boundary. It then deviates inwardly for approximately 20 metres to pass through a field gate at OS grid reference SJ 2197,0227 (Point E). The path turns to travel in a north easterly direction for approximately 17 metres and then turns to follow a north-north-easterly direction alongside the boundary fence for approximately 83 metres and through the field gate at OS grid reference SJ 2201,0236 (point F). It then continues for approximately 144 metres alongside the field boundary fence to pass through a field gate at OS grid reference SJ 2207,0249 (point G). The path continues in north-north- easterly direction across the field for approximately 141 metres to meet the existing footpath at OS grid reference SJ 2212,0262 (point H). The total length of the proposed footpath to be created is approximately 966 metres. The width is 2 metres.
Works required: The applicant proposes to undertake the following works to make the new path ready for use: • Installation of a pedestrian gate together with a 2-metre-wide boardwalk over the water course at OS grid reference SJ 2192,0211 (point D) • Installation of a pedestrian gate at OS grid reference SJ 2179,0203 (point C).
Consultation: The applicant carried out pre-Order consultation in June 2019, and consultees were given 28 days to respond. Responses to the proposals have been received from:
• The Local Member, who has no objection to the Order as it is to improve safety for walkers and avoids a busy farmyard. • Ramblers Association, who asked the section and statute under the application is made. A reply was given on 2 nd July. • Powys Planning Services, SP Energy Networks and Wales & West Utilities none of whom objected to the proposals. • Open Spaces Society, who asked some questions but did not object to the proposal. The questions related to the signposting of the route, the standard of gates to be provided and whether the definitive statement, once produced lists the structures as being to a British Standard.
Forden Community Council was consulted and did not object to the proposal.
Page 6 Options: This application has been made under section 257 of the Town and Country Planning Act 1990. The legal criteria for the making of a diversion Order under this legislation is that it is necessary to do so, in order to enable development to be carried out in accordance with planning permission that has been granted.
Planning permission 19/0105/FUL has been granted for the erection of an extension to the existing livestock building to accommodate a farm office, dairy and associated machinery stores that will lie on the line of footpath 29. As such, and as the development is not ‘substantially complete’, it is considered that the legal criteria for the making of a diversion Order are met.
If a diversion Order is made, opposed and submitted to the Planning Inspectorate, the Inspector could consider wider issues, including the suitability of the proposed new route, in deciding whether the Order should be confirmed or not. However, they will not re-open the matter of the planning merits of the development itself.
The Committee could:
1. Decide not to make a diversion Order in respect of this application; in that event, the applicant would not be able to implement the development subject of the planning permission that has been granted, as to do so would obstruct the line of footpath 29.
2. Approve the making of a diversion Order. Given that there are no outstanding objections, there is a low risk that the Order may then be formally opposed.
If a diversion Order is made and opposed, it could be formally abandoned. Alternatively, the Order could be submitted to the Planning Inspectorate for determination. In the event that there are objections to an Order that are not withdrawn, the proposal would be brought before Committee for a decision as to how to proceed, in the light of the content of any objection made.
As the proposal meets the legal criteria for the making of a diversion Order, it is proposed that a diversion Order be made.
RECOMMENDATIONS:
1. That an Order be made to divert footpath 29, on the land at Severnside, Forden as shown on the plan at appendix B;
Appendices:
Appendix A 19/0105/FUL Applicant’s Block Plan showing location of proposed extension to the livestock building Appendix B Plan of proposed diversion
Page 7 This page is intentionally left blank Appendix A
Page 9 This page is intentionally left blank Appendix A 321700 321800 321900 322000 322100 322200 322300
© Crown copyright and database rights 2019 Ordnance Survey 100025371 © Hawlfraint y Goron a hawliau cronfa ddata 2019 Arolwg Ordnans 100025371 Additional information © Powys County Council 2019 No additional copies should be made without the permission of the Council. Gwybodaeth ychwanegol © Cyngor Sir Powys 2019 Ni ddylid gwneud unrhyw gopïau ychwanegol heb ganiatâd y Cyngor. H 302600 302600
MP 37.0
d n o P 9 2 th a G 302500 tp 302500 o o e k F l c g a in r h T S
Slurry Bed 302400 302400 F
Pond
302300 Severnside 302300
k
c
a r T E 302200 302200
MP 37.25
Spreads
302100 D 302100
C 302000 302000
B Cattle Grid KEY TO NOTATION 301900 301900
T r a B C D E F G c k FOOTPATH TO A H BE CREATED
Severn Bank FOOTPATH TO 91.7m A BE EXTINGUISHED H 93.6m EXISTING FOOTPATH UNAFFECTED A 88.1m Pond 301800 301800
321700 321800 321900 322000 322100 322200 322300 Proposed public path diversion Order: Cyngor Sir County Council Public footpath 29 (part), Severnside, Forden Community of Forden Scale 1:2,500 OSGR SJ 218 023 Printed by: clairer Date 05/06/2019 Page 11 This page is intentionally left blank 6
Planning, Taxi Licensing and Rights of Way Committee 22nd August 2019
For the purpose of the Government (Access to Information) Act 1985, the background papers relating to each individual planning application constitute all the correspondence on the file as numbered in the left hand column.
Applications for consideration by Committee:
Application No: Nature of Development: Community: Location of Development: O.S. Grid Reference: Applicant: Date Received: Recommendation of Head of Planning:
1. 19/1161/NMA Application for non-material amendment to permission Abermule & Llandyssil Community P/2018/0587 to alter the wording of conditions 9, 10, 13 & 14
E: 315775 N: 294250 Abermule Business Park, Abermule, Newtown, SY15 6NU
16.07.2019 Mr Simon Kendrick, Powys County Council
Recommendation: Approval
2. 19/0524/FUL Erection of a poultry unit, associated silos and associated works Llanfair Caereinion Community Rhiwhiriaeth Isaf, Llanfair Caereinion, Welshpool, Powys, SY21 0DU E: 309008 N: 306394 G Jones
26.03.2019 Recommendation: Conditional Consent
Page 13 3. 19/1025/AGR Erection of agricultural buildings
Maesgwyn Uchaf, Guilsfield, Guilsfield Community Welshpool, Powys, SY21 9DE
Powys County Council E: 317704 N: 311411 Recommendation: Approval
Page 14 6.2
Planning, Taxi Licensing and Rights of Way Committee Report
Application 19/1161/NMA Grid Ref: E: 315775 Number: N: 294250 Community Abermule And Llandyssil Valid Date: 16.07.2019 Council: Community
Applicant: Powys County Council
Location: Abermule Business Park, Abermule, Newtown, SY15 6NU
Proposal: Application for a non-material amendment to permission P/2018/0587 to alter the wording of conditions 9, 10, 13 & 14
Application Type: Non-Material Amendment
The reason for Committee determination
The application has been submitted by Powys County Council
Consultee Responses
Consultee Received
PCC-Contaminated Land Officer 6th Aug 2019
I am satisfied that the amended proposals are appropriate and can be adopted.
Community Council 8th Aug 2019
Other - Health and safety
In accordance with Planning Application P/2018/0587 for the Abermule Business Park/Recycling Bulking Facility, planning conditions 8(B), 9 and 10 (Full RBF) and conditions 12(B), approved by the LPA and before any development works are stared. This is in order remove unacceptable disks to human health.
These 'Precedent' conditions are included in the Planning Application for Abermule Business Park/RBF for the essential reason to avoid exposing anybody on the site, or near to it, to health and safety risks associated with contamination matter (such as asbestos) which we understand has been discovered during prior site investigations
Page 15
Specifically, these conditions are to ensure that the site will not qualify as 'Contaminated Land' under:
(i) Part 2A of the environmental Protection Act 1990 and
(ii) The Contaminated Land (Wales) (Amendment) Regulations 2012
Once all of the planning application 'precedent' conditions have been complied with, and written approvals obtained for each of them from the LPA, then development work can start
This application (19/1161/NMA) on the face of it merely seeks to make minor. (non material) revisions to the wording of conditions 9&10 (full) and conditions 13&14 (outline) If approved it will permit workers and development to proceed on contaminated land before any recommendation to render the site safe has been carried out. Indeed it will allow development to proceed to proceed even before a proposed scheme to render the site safe has been prepared and approved in writing by the LPA
This is wholly unsatisfactory position on health and safety grounds alone and therefore this application should not be approved.
Planning History
App Ref Description Decision Date
P/2018/0587 Hybrid application comprising of a Approve 2nd Aug 2018 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
18/1019/DIS Discharge of conditions 8 and 12 Approve 2nd Jan 2019 of planning approval P/2018/0587
Principal Planning Policies
Policy Policy Description Year Local Plan
PPW Planning Policy Wales Local Development (Edition 10, December Plan 2011-2026 2018)
Page 16
TAN21 Waste Local Development Plan 2011-2026
DM10 Contaminated and Local Development Unstable Land Plan 2011-2026
DM13 Design and Resources Local Development Plan 2011-2026
Representations
One representation has been received objecting to the amendment and is summarised as follows;
Concerns regarding health and safety and impact on workers, neighbour and other receptors
Other Legislative Considerations
Crime and Disorder Act 1998
Equality Act 2010
Planning (Wales) Act 2015 (Welsh language)
Wellbeing of Future Generations (Wales) Act 2015
Officer Appraisal
Site Location and Description of Development
The application site is located partially within and outside the development boundary of Abermule as defined by the Powys Local Development Plan 2018. The application site is accessed through an existing access from the B4386 which leads from the A483 trunk road to Abermule. The site is bound to the north by the B4386, the east and south by a railway line and the west by agricultural land and the A483.
Consent was previously granted under the planning application reference number P/2018/0587 for a 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.
The proposed amendment relates to the amendment of the wording to conditions related to contaminated land. Conditions 9 and 10 of the full consent and conditions 13 and 14 of the outline consent are proposed to be amended. Condition 9 of the full and 13 of the outline states as follows;
Page 17
No development shall take place until a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the local planning authority. The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 and The Contaminated Land (Wales) Regulations 2006, as amended by The Contaminated Land (Wales) (Amendment) Regulations 2012, in relation to the intended use of the land after remediation. The detailed remediation scheme should not be submitted until written approval for Condition 1 has been received from the local planning authority. All work and submissions carried out for the purposes of this condition must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’ and the WLGA document ‘Development of Land Affected by Contamination: A Guide for Developers’ (2012).
Condition 10 of the full and condition 14 of the outline states as follows;
The approved remediation scheme must be carried out in accordance with its terms prior to the commencement of development other than that required to carry out remediation, unless otherwise agreed in writing by the local planning authority. The local planning authority must be given two weeks written notification of commencement of the remediation scheme works. If during the course of development any contamination is found that has not been identified in the site investigation, additional measures for the remediation of this source of contamination shall be submitted to and approved in writing by the local planning authority. The remediation of the site shall incorporate the approved additional measures before the development is occupied. Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the local 40 planning authority. The verification report contents must be agreed with the local planning authority before commencement of the remediation scheme. All work and submissions carried out for the purposes of this condition must be conducted in accordance with DEFRA and the Environment Agency’s ‘Model Procedures for the Management of Land Contamination, CLR 11’ and the WLGA document ‘Development of Land Affected by Contamination: A Guide for Developers’ (2012).
It is proposed to amend the wording of condition 9 of the full and 13 of the outline to read as follows;
Within 6 weeks of the commencement of development and prior to works being undertaken on the area identified as contaminated a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment must be prepared, and is subject to the approval in writing of the local planning authority.
Page 18
The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 and The Contaminated Land (Wales) Regulations 2006, as amended by The Contaminated Land (Wales) (Amendment) Regulations 2012, in relation to the intended use of the land after remediation. The detailed remediation scheme should not be submitted until written approval for Condition 1 has been received from the local planning authority. All work and submissions carried out for the purposes of this condition must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' and the WLGA document 'Development of Land Affected by Contamination: A Guide for Developers' (2012).
It is proposed to amend the wording of condition 10 of the full and 14 of the outline to read as follows;
The approved remediation scheme must be carried out in accordance with its terms prior to occupation of the development. The local planning authority must be given two weeks written notification of commencement of the remediation scheme works. If during the course of development any contamination is found that has not been identified in the site investigation, additional measures for the remediation of this source of contamination shall be submitted to and approved in writing by the local planning authority. The remediation of the site shall incorporate the approved additional measures before the development is occupied. Following completion of measures identified in the approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out must be produced, and is subject to the approval in writing of the local planning authority. The verification report contents must be agreed with the local planning authority before commencement of the remediation scheme. All work and submissions carried out for the purposes of this condition must be conducted in accordance with DEFRA and the Environment Agency's 'Model Procedures for the Management of Land Contamination, CLR 11' and the WLGA document 'Development of Land Affected by Contamination: A Guide for Developers' (2012).
The applicant has stated in their submission that this amendment is required in order to enable appointed contractors to prepare appropriate documentation and undertake asbestos removal in accordance with relevant legislation and guidance.
Consideration of the Proposed Amendment
Section 96A of the Town and Country Planning Act 1990 allows an amendment to be made to an existing or extant planning permission via a simplified application procedure providing that the proposed amendment does not materially alter the consented scheme.
Paragraph 2.6 of The Planning Guidance-Approving Non Material Amendments states that when assessing and determining whether or not a proposed change would qualify as a non-material amendment, Local Planning Authorities may consider the following tests:
Page 19
. Is the scale of the proposed change great enough to cause an impact different to that caused by the original approved development scheme? . Would the proposed change result in a detrimental impact either visually or in terms of local amenity? . Would the interests of any third party or body be disadvantaged in planning terms? . Would the proposed change conflict with national or development plan policies?
The proposed amendment relates to the amendment of the approved conditions to provide an altered timeframe for the submission and implementation of a remediation scheme.
Is the scale of the proposed change great enough to cause an impact different to that caused by the original approved development scheme?
There is no change in scale to the proposed development; the only alteration is with regards to the wording of conditions contained within the decision notice. It is considered that the amendments do not significantly alter the previously approved scheme and it is considered that there is no change to the scale of the development and as such would not cause an impact different to that caused by the originally approved development.
Would the proposed change result in a detrimental impact either visually or in terms of local amenity?
It is considered that the proposed amendments will not have a detrimental impact on visual/local amenity. The amendment does not propose any alterations to the design of the development and only relates to the wording of conditions.
Would the interests of any third party or body be disadvantaged in planning terms?
The proposed development would not affect any third party or body. Consideration has been given to the amenities enjoyed by the occupiers of neighbouring dwellings however it is considered that the alteration to the wording of conditions 9 and 10 of the full application and 13 and 14 of the outline would not disadvantage any third party or body in planning terms.
The Contaminated Land Officer has been consulted on the proposed amendment and has offered no objection to the amended wording.
Would the proposed change conflict with national or development plan policies?
It is considered that the proposed amendments do not conflict with any national or local planning policies as the amendment relates to the alteration of the wording of conditions. The Contaminated Land Officer has been consulted on the application and has offered
Page 20
no objection to the amendment. As such the proposed amendments do not conflict with national or development plan policies.
RECOMMENDATION
Whilst the comments from the third party and Community Council are noted, in light of the above and following comments from Contaminated Land Officer, Officers consider that the proposed development remains in accordance with the listed planning policies. Due to the nature of the proposed alterations, it is considered that the amendments do not materially alter the approved scheme.
______Case Officer: Tamsin Law, Principal Planning Officer Tel: 01597 827230 E-mail: [email protected]
Page 21 This page is intentionally left blank This drawing should not be scaled and any dimensions verified on site. Depot All dimensions are in millimetres unless otherwise stated Tow Path Depot CWIC is the Central Wales Infrastucture Collaboration project between Powys County Council and Ceredigion County Council and all copyrights are vested in each respective Authority. Montgomeryshire Branch This drawing is the property of CWIC Engineering Design Services and is issued on the condition that it Shropshire Union Canal is not copied, reproduced, retained or disclosed to any unauthorised person, either wholly or in part without the consent in writing of CWIC Engineering Design Services. © Hawlfraint y Goron a hawliau cronfa ddata 2017 Arolwg Ordnans 100024419 (Cyngor Sir Ceredigion) & 100025371 (Cyngor Sir Powys) © Crown copyright and database rights 2017 Ordnance Survey 100024419 (Ceredigion County Council) & 100025371 (Powys County Council) Notes
River/ Afon Severn Hafren Depot 92.4m
16
12
22 Track 18 CLOSE
26 20 17 26a COURT
24 The Court 26b B 4386 24a
28
30 Maesderwen 42 32 34
Drain
35
23 Track MP 44
92.2m 25
25a
27 21a
Level 21b
Crossing
21d 21c
RAMP
Rising Bollard ISSUED FOR PLANNING
93.0m FOOTPATH
B 4386 KEY
EP Page 23 Page Posts Parc Busnes Abermiwl Application Boundary.
Pond (Abermule Business Park) TP
Drain EP Ownership Boundary. El Sub Sta EP
TP Track
Drain Bryn-y-Maes Drain
EP
MP 44.25 EP
Tanks Pond
TP
Track Drain
EP
EP
TP
Issues A 483 Rev Date Description By Chkd
Amendments
TP
EDS West Manager : Steve Hallows CEng MICE 01545 572513 [email protected] Track West: Penmorfa, Aberaeron, Ceredigion, SA46 0PA
EDS East Manager : Gareth Price CEng CEnv MICE 93.2m 0845 607 6060 [email protected] North: Kirkhamsfield Depot, Pool Road, Newtown, Powys, SY16 3AF Mid: County Hall, Spa Road East, Llandrindod Wells, Powys, LD1 5LG South: Neuadd Brycheiniog, Cambrian Way, Brecon, Powys, LD3 7HR
Project Abermule Business Park Development. Application Site.
Drawing Title Location and Boundary Plan.
MP 44.5 By LMC Checked DB Scale at A1 1:1250 Date 13/03/18
Project Number Drawing Number Revision OS LOCATION PLAN PLAN Scale 1:25000 H2395 2395/P03/001 Scale 1:1250 Drawing Filename : - 2395-P03 - Abermule Recycling Bulking Facility, Abermule Business Park.dwg Last saved : - 26/04/2018 Drawing Path:- X:\CONSULT\PROJECTS\2300-99\2395 Newtown Waste Transfer Station\Abermule Business Park\Drawings\Preliminary This page is intentionally left blank 6.3
Planning, Taxi Licensing and Rights of Way Committee Report
Application 19/0524/FUL Grid Ref: E: 309008 Number: N: 306394 Community Llanfair Caereinion Valid Date: 26.03.2019 Council: Community
Applicant: Gareth Jones
Location: Rhiwhiriaeth Isaf, Llanfair Caereinion, Welshpool, Powys, SY21 0DU
Proposal: Erection of a poultry unit, associated silos and associated works
Application Type: Full Application
The reason for Committee determination
The application has been submitted on behalf of Councillor Gareth Jones (applicant) and therefore in accordance with the Planning Protocol is required to be determined by the Planning, Taxi Licensing and Rights of Way Committee.
Consultee Responses
Consultee Received
Community Council 24th Apr 2019
At the meeting of Llanfair Town Council on Tuesday 23rd April 2019, the members voted to support planning application 19/0524/HH, poultry shed at Rhiwhiriaeth Isaf, Llanfair.
Highway Authority
The County Council as Highway Authority for the County Class III Highway, C2130
Wish the following recommendations/Observations be applied
Recommendations/Observations
The Highway Authority have attended site and conclude that the highway improvements as conditioned under consent number P2017/1071 have been completed. These works include the junction visibility and widening of the C2130/B4385, a single passing bay and the access works.
Page 25
The number of additional movements that the development will generate is negligible due to the application being an extension to the existing poultry unit.
The Highway Authority do not wish to make any further comments on this application.
Environmental Protection 17th Jun 2019
I have read the information provided and I have no objection in relation to
Noise
Odour
Fly control
Protection of Private Water Supplies
I did note that the application it states that it is a 16,000 and 32,000 bird unit. I'm unclear which is correct, however provided that the property has sufficient ground for manure spreading I have no objection to the application.
Wales & West Utilities - Plant Protection 11th Apr 2019 Team
According to our mains records Wales & West Utilities has no apparatus in the area of your enquiry. However Gas pipes owned by both GT's and also privately owned may be present in the area. Information with regard to such pipes should be obtained from the owners.
Hafren Dyfrdwy 18th Apr 2019
Thank you for the opportunity to comment on this planning application. Please find our response noted below:
With Reference to the above planning application the company's observations regarding sewerage are as follows:
Page 26
As the proposal has minimal impact on the public sewerage system I can advise we have no objections to the proposals and do not require a drainage condition to be applied.
Land Drainage Authority 1st May 2019
Thanks for the opportunity to comment on this application. Having considered the information which has been submitted, the Lead Local Flood Authority (LLFA) would make the following comments/recommendations.
Comment: The watercourse flowing/adjacent to this site is deemed an ordinary watercourse.
No buildings, structures, fences, planting or changing of contours shall take place within 5 metres of the top of the bank of any watercourse, or 3 metres either side of any culverted watercourse (which would allow also allow for overland flows) without prior permission of the LPA.
The Authority holds no historical flooding information relating to this site.
However, from the surface water flood mapping in our possession, there is a risk of surface water flooding to the site. This flood risk information can be seen on NRW's flood risk mapping webpage, in particular, flooding from surface water, where it shows an area with a medium chance of flooding from surface water. Development should not be permitted within an area at risk from flooding unless it can be demonstrated that the consequences of any flooding would be acceptable for the development proposed and that it would not give rise to any unacceptable flooding impacts elsewhere.
Advisory: Any proposed alterations, interference or erection of any structure that affects an ordinary watercourse will require prior consent from Powys CC (as Lead Local Flood Authority), in accordance with Section 23 of the Land Drainage Act 1991 (as amended by the Flood & Water Management Act 2010). Further information can be sought at: https://customer.powys.gov.uk/article/4661/Ordinary-Watercourses-Applying-for-consent- for-works
It is presumed that Riparian rights and responsibilities exist in respect of the open watercourse (this will apply to any culverted sections of watercourse). The Applicant (or subsequent owners) are advised that they will be responsible to maintain any section of the watercourse that passes or abuts their property.
Page 27
Natural Resources Wales 16th Apr 2019
Thank you for consulting Cyfoeth Naturiol Cymru / Natural Resources Wales about the above, which was received on 04/04/2019.
We recommend that you should only grant planning permission if you attach the following condition. This condition would address the significant concerns that we have identified and we would not object provided you attach it to the planning permission.
Condition 1 - To prevent pollution to watercourses during the construction and operational phases of the proposal, the development shall be carried out in accordance with the: i i) Pollution Prevention Plan (Method Statement Pollution Prevention, prepared for SM & GD Jones by Roger Parry & Partners) ii ii) Manure Management Plan (Manure Management Plan, Prepared for SM & GD Jones by Roger Parry & Partners) iii iii) Ranging Plan (plan titled 'Ranging Plan', undated, unreferenced) iv iv) Drainage Plan (plan titled 'Drainage Plan', drawing No. GD-MZ316-01 dated 28/09/2018 by Roger Parry & Partners)
Protected Sites and Aerial Emissions
Intensive agricultural units have the potential to impact protected sites through aerial emissions (ammonia and nitrogen deposition). We have assessed the proposal using the thresholds introduced in April 2017. NRW assesses the air quality impact a unit may have on European Protected Sites and Sites of Special Scientific Interests (SSSIs) within a screening distance of 5km of the unit.
Detailed aerial emissions modelling has been submitted ('A Report on the Modelling of the Dispersion and Deposition of Ammonia from the Existing and Proposed Free Range Egg Laying Chicken Houses at Rhiwhiraethr Isaf, near Llanfair Caereinion in Powys' by AS Modelling & Data Ltd. dated 10th September 2018).
The report states there are seven Sites of Special Scientific Interest (SSSIs) within 5km of the site, which are:
1. Gweunydd Ger Fronhaul SSSI
2. Cors Cefn Llwyd SSSI
Page 28
3. Ffridd Mathrafal Track Section SSSI
4. Gwaun Efail Wig SSSI
5. Cors Ty-Gwyn SSSI
6. Coed Ty-Mawr SSSI
7. Cors Llanllugan SSSI
The background ammonia concentration (annual mean) in the area around the site of the proposed poultry unit and the wildlife sites is 1.41_$lg/NH3/m3. The background nitrogen deposition rate to woodland is 27.86kgN/ha/yr and to short vegetation is 18.76kgN/ha/yr (APIS, April 2018).
The report has assessed the following thresholds to the protected sites. Gweunydd Ger Fronhaul SSSI, Cors Cefn Llwyd SSSI, Gwaun Efail Wig SSSI & Coed Ty-Mawr SSSI have been assessed on the 1_$lg/m3 Ammonia critical level and 10kgN/ha/yr Nitrogen critical load.
Cors Ty-Gwyn SSSI and Cors Llanllugan SSSI have been assessed on the 1_$lg/m3 Ammonia critical leval and 5kgN/ha/yr critical load. No assessment has been made on Ffridd Mathrafal SSSI, as this site is not sensitive.
Gweunydd Ger Fronhaul SSSI can be assessed on the 3_$lg/m3 critical level and on 20kgN/ha/yr critical load. Cors Cefn Llwyd can be assessed on the 3_$lg/m3 critical level and on 10kgN/ha/yr Nitrogen critical load. Coed T_"-Mawr can be assessed on the 3_$lg/m3 critical level and 10kgN/ha/yr Nitrogen critical load.
The report predicts the process contributions to ammonia concentration and nitrogen deposition are below the thresholds we apply in our assessment of potential impacts on protected sites.
Manure Management Plan
The Manure Management Plan (Manure Management Plan, Prepared for SM & GD Jones by Roger Parry & Partners) states the manure produced by the unit will be spread on the land at the farm. The plan calculates the quantity of nitrogen to be produced and states there is sufficient land at the holding for the manure to be spread. The plan includes a contingency plan for storing of manure when spreading to land is not possible. During and after disease outbreak, the contaminated manure and wash water will be collected by a waste services company.
The manure spreading maps include buffers to sensitive receptors.
Page 29
All wash water and manures arising from poultry units must be collected and stored in accordance with The Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil)(Wales) Regulations 2010 and spread according to the Welsh Government's Code of Good Agricultural Practice.
Provided the site operates in accordance with this plan, it is unlikely the proposal will cause pollution to the wider environment.
Pollution Prevention Plan
We have reviewed the Pollution Prevention Plan (Method Statement Pollution Prevention, prepared for SM & GD Jones by Roger Parry & Partners) submitted in support of the proposal.
Provided the works on the site are undertaken in accordance with this plan, the proposal is unlikely to adversely impact the surrounding environment.
Ranging Area Plan
We have reviewed the Ranging Area Plan (plan titled 'Ranging Plan', undated, unreferenced) submitted in support of the proposal.
The plan shows the buffers to sensitive receptors surrounding the proposal and shows the land areas proposed to be used for ranging.
Provided the site operates in accordance with this plan, the proposal is unlikely to cause pollution to the wider environment.
Drainage Plan
The drainage plan (plan titled 'Drainage Plan', drawing No. GD-MZ316-01 dated 16/11/2018 by Roger Parry & Partners) confirms the clean and dirty water to be drained separately. The dirty water will be collected by an underground tank built to comply with the SSAFO standards. The clean surface water will drain to a soakaway system.
Provided the drainage system is built in accordance with this plan, the proposal is unlikely to cause pollution to the wider environment.
Extended Phase one Habitat Survey
We have reviewed the ecological report (Extended Phase one Habitat Survey, land at Rhiw Hiraeth, Llanfair Caereinion by Arbor Vitae dated September 2018).
The report concludes the site designated for the installation of the new shed is of limited ecological interest.
Page 30
Protected Species
Bats and their breeding and resting places are protected under the Wildlife and Countryside act 1981 (as amended) and the Conservation of Habitats and Species Regulations 2017 (SI 2017 No. 1012), and they are a material consideration for planning.
Care should be taken in the type and location of any external lighting to ensure the trees and hedgerows on site are not illuminated. Should any external lighting be proposed, we advise a light spillage scheme should be agreed to the satisfaction of the Local Planning Authority.
Please do not hesitate to contact us if you require further information or clarification of any of the above.
Our comments above only relate specifically to matters that are included on our consultation topics list (September 2018) which is published on our website:
(https://cdn.naturalresources.wales/media/686847/dpas-consultation-topics-august-2018- eng.pdf?mode=pad&rnd=131819256840000000). We have not considered potential effects on other matters and do not rule out the potential for the proposed development to affect other interests, including environmental interests of local importance.
Advice for the Developer:
Environmental Permitting Regulations
The current advice relates to a proposed unit for 32,000 free range birds.
Should the number of birds subsequently increase within the holding to over 40,000 birds an Environmental Permit under the Environmental Permitting Regulations 2016 would be required from Natural Resources Wales.
The grant of planning permission does not permit activities that require consent, licence or permit under other legislation. It is the applicant's responsibility to ensure that all relevant authorisations are obtained prior to any works commencing on site.
The written consent of NRW or registration for exemption by the developer will be required for any discharge (e.g. foul drainage to watercourse/ditch etc.) from the site and may also be required for certain discharges to land. All necessary NRW consents or exemptions will need to be obtained prior to works progressing on site.
Advice on Poultry Units
Advice on poultry units can be found in NRW's guidance document 'GN020 Assessing the impact of ammonia and nitrogen on designated
Page 31
sites from new and expanding intensive livestock units' and 'GN021 Poultry Units: planning permission and environmental assessment' available on our website: https://naturalresources.wales/guidance-and-advice/business-sectors/farming/good- farming-practice/?lang=en
Abstractions
Applicants intending to supply new units from ground or surface waters are advised to check the abstraction limits and apply for a permit to abstract if required. https://naturalresources.wales/apply-for-a-permit/water-abstraction-licences-and- impoundment-licences/?lang=en
Discharges
The written consent of NRW or registration for exemption by the developer will be required for any discharge from the site (e.g. foul drainage to a watercourse) and may also be required for certain categories of discharges to land. All necessary NRW consents, or exemptions must be obtained prior to works progressing on site. https://naturalresources.wales/apply-for-a-permit/water-discharges/discharges-to-surface- water-and-groundwater/environmental-permitting-for-discharges-to-surface-water-and- groundwater/?lang=en
The applicant should be advised that, in addition to planning permission, it is their responsibility to ensure that they secure all other permits/consents relevant to their development.
Natural Resources Wales 7th June 2019
Thank you for notifying NRW of the amended submitted in support of this proposal.
We do not have any further comments to provide than those provided in our letter referenced SJ00/GB/CAS-83874-G2K2 dated 16/04/2019.
County Ecologist 9th June 2019
Apologies for the delay in responding to your email.
I have reviewed the information provided and have the following comments:
Page 32
The Ammonia Mitigation Scheme document identifies ‘Prior to first use of the proposed building a woodland management plan will be submitted and approved which will demonstrate the reduction of the dominance of non-native species and to reduce the nutrient status of the woodland.’ Details of the areas of woodland within the applicants ownership that this management plan will apply to will need to be included, this should be in the form of an annotated plan indicating any areas of woodland which the applicant is proposing to manage in accordance with the identified management plan – this is required to enable us to consider the proposed improvements versus the predicted negative impacts and enable an enforceable condition to be attached should planning permission be granted.
Can you confirm that the fencing of hedgerows within the ranging area referenced on the landscaping plan will be double fenced – subject to this detail being identified on the plan then I would consider the suggested pre-commencement ranging area hedgerow protection plan condition in my response could be replaced with adherence to the measures identified in the landscaping plan.
The landscaping plan and manure management plant make references to the hardstanding area – can you confirm whether this will be a permeable or impermeable surface, given this area is proposed to enable removal of droppings daily in this area I would assume an impermeable smooth surface is proposed however this is not clear from this label or the plan and hardstanding is a very general term that could refer to a number of surface types. Given the abatement measures are fundamental to reducing the ammonia and nitrogen deposition levels then full details of this feature are required to be provided so that implementation of these measures could be subject to a planning condition.
In addition please can you ensure that any amended plans are appropriately dated or referenced so that the correct version can be referred to in recommended conditions
Clwyd Powys Archaeological Trust 8th April 2019
Thank you for the consultation on this application.
The new poultry unit is located immediately adjacent to the existing poultry unit and utilizes the same access. It will not directly impact the newly discovered Rhiwhiriaeth Isaf Enclosure, which is on the low hill above the poultry units, but it will lie very close to the eastern entrance which has been partially ploughed out and there may be associated settlement evidence in this area.
We would therefore recommend that an exclusion area is established during the development so that no accidental disturbance by construction machinery or dumping of construction materials takes place in this area. I have marked the exclusion area on the attached plan in red and this area should be completely avoided by all development activity.
Page 33
A suitable condition is supplied below to secure the maintenance of the exclusion area.
Suggested planning condition to facilitate the preservation in-situ of recorded archaeological deposits by demarcation and exclusion
In order to preserve important archaeological remains listed within the Historic Environment Record, the development herein permitted shall not begin until an appropriate fenced area, surrounding these remains on the east side, has been marked out in accordance with a specification approved by the Local Planning Authority.
Throughout the course of the development no works shall be undertaken within the area surrounded by fencing without the consent of the Local Planning Authority. Information and advice on this matter can be obtained from the Development Control Archaeologist, (Clwyd-Powys Archaeological Trust, 41 Broad Street, Welshpool, Powys, SY21 7RR. Email: [email protected] Tel: 01938 553670).
Reason: To secure preservation in-situ of recorded archaeological remains which may be vulnerable to damage during construction.
Representations
The proposed development has been advertised by site display and within the local press. At the time of writing this report, no third party representations have been received by Development Management.
Principal Planning Constraints
. 7 Sites of Special Scientific Interest located within 5km of the application site; . Archaeological remains located within immediate proximity of the site;
Planning History
P/2017/1071 - Full: Erection of a poultry unit, silos, formation of vehicular access and roadway together with all associated works on Land at Rhiwhiriaeth Isaf, Llanfair Caereinion, Welshpool. Consented 15/12/2017.
Principal Planning Policies
PPW Planning Policy Wales National Policy (Edition 10, December 2018)
TAN5 Nature Conservation and National Policy Planning
Page 34
TAN6 Planning for Sustainable National Policy Rural Community
TAN11 Noise National Policy
TAN12 Design National Policy
TAN15 Development and Flood National Policy Risk
TAN18 Transport National Policy
TAN23 Economic Development National Policy
TAN24 The Historic Environment National Policy
SP7 Safeguarding of Strategic Local Development Resources and Assets Plan 2011-2026
DM2 The Natural Environment Local Development Plan 2011-2026
DM4 Landscape Local Development Plan 2011-2026
DM6 Flood Prevention Measures Local Development and Land Drainage Plan 2011-2026
DM7 Dark Skies and External Local Development Lighting Plan 2011-2026
DM13 Design and Resources Local Development Plan 2011-2026
DM14 Air Quality Management Local Development Plan 2011-2026
E6 Farm Diversification Local Development Plan 2011-2026
T1 Travel, Traffic and Local Development Transport Infrastructure Plan 2011-2026
SPGBIO Biodiversity and Geodiversity SPG (2018)
Page 35
SPG Landscape
Other Legislative Considerations
Crime and Disorder Act 1998
Equality Act 2010
Planning (Wales) Act 2015 (Welsh language)
Wellbeing of Future Generations (Wales) Act 2015
Planning (Listed Buildings and Conservation Area) Act 1990
Officer Appraisal
Introduction
Members are advised to consider this application in accordance with Section 38 (6) of the Planning and Compulsory Purchase Act 2004, which requires that, if regard is to be had to the development plan for the purpose of any determination to be made under the Planning Acts, the determination must be made in accordance with the plan unless material considerations indicate otherwise.
Site Location and Description
Rhiwhiriaeth located within the open countryside, approximately 3 miles east of Llanfair Caereinion. The site subject to this application lies within the existing farm holding, adjacent to an existing poultry unit although is detached from the main farmstead. The site is bound by agricultural land to the north, east, south and west. Access to the site will be facilitated via an existing access and track off the public highway located to the north.
Consent is sought in full for the erection of a free range egg production unit measuring approximately 95 metres in length by 20 metres in width. The ridge and eaves height measure approximately 5.4 metres and 3 metres respectively. It is proposed to clad the proposed poultry building with box profile sheeting (Juniper Green finish) above a low concrete base wall. Two feed hoppers will be installed adjacent to the building.
The proposed unit will accommodate a maximum of 16,000 birds which will remain within the unit for 13 months, with unrestricted access to in excess of 16 hectares of ranging area. After this period, the flock is removed and the building cleaned prior to the introduction of a new flock.
Environmental Impact Assessment Regulations 2017
Page 36
Part 2 of the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 identifies a list of development types and thresholds defining where a development proposal is EIA development. These are contained in Schedule 1 and 2 of the Regulations. Schedule 1 of the regulations lists where EIA is mandatory and Schedule 2 where development must be screened to determine if it is EIA development.
Schedule 1 of the Regulations states that the threshold for the “intensive rearing of poultry is 85,000 places for broilers or 60,000 for hens”.
As the proposed number of birds (16,000) does not exceed the applicable thresholds, the proposed poultry development does not constitutes Schedule 1 development. The relevant extract from Schedule 2 is ‘agriculture’ specifically ‘intensive livestock installations’, the applicable threshold being 500 square metres of new floor space. On the basis of the information provided, it is understood that the new floor space will amount to approximately 1900 square metres and therefore the proposed development constitutes Schedule 2 development.
Taking into account the proposed siting of the unit and characteristics of the potential impact including potential cumulative impact (existing unit accommodates 16,000 birds), it is considered by Officers that the proposed poultry development as outlined would unlikely have a significant effect upon the surrounding environment within the meaning of the regulations. As such, the Local Planning Authority concluded that the development does not constitute EIA development.
Principle of Development
Planning Policy Wales confirms that local planning authorities should adopt a constructive approach towards agricultural development proposals, especially those which are designed to meet the needs of changing farming practices or are necessary to achieve compliance with new environmental, hygiene or welfare legislation. Technical Advice Notes 6 and 23 also accept the principle of appropriate agricultural development within the open countryside.
The existing farm business is understood to be predominantly a sheep and beef enterprise although it is noted that the applicant recently developed a free range egg production unit in association with planning permission (P/2017/1071) which lies adjacent to the proposed site of development. The submitted Design and Access Statement indicates that the current proposal seeks to further develop the current poultry enterprise providing a stronger source of income whilst increasing their competitiveness, which the applicant considers critical in light of Brexit and the uncertainty of the future.
On the basis of the above and in considering LDP policy E2, Officers are satisfied that the principle of the proposed development at this location is generally supported by planning policy.
Landscape and Visual Impact
Page 37
The character and quality of Powys’ landscape is one of its most important assets being a combination of its natural history and geology and the influence of human activity on these natural assets. Maintaining the distinctiveness of Powys’ landscape is an important factor in safeguarding the quality of its environment and ensuring the social, cultural and economic well-being of the area. It is important for the tourism industry and also provides an attractive setting and sense of place in which local people can live and work.
LDP policy DM4 confirms that proposals for new development outside the Towns, Large Villages, Small Villages and Rural Settlements defined in the Settlement Hierarchy must not, individually or cumulatively, have an unacceptable adverse effect, on the valued characteristics and qualities of the Powys landscape. All proposals will need to:
1. Be appropriate and sensitive in terms of integration, siting, scale and design to the characteristics and qualities of the landscape including its: topography; development pattern and features; historical and ecological qualities; open views; and tranquillity; and
2. Have regard to LANDMAP, Registered Historic Landscapes, adjacent protected landscapes (National Parks and Areas of Outstanding Natural Beauty) and the visual amenity enjoyed by users of both Powys landscapes and adjoining areas.
Proposals which are likely to have a significant impact on the landscape and/or visual amenity will require a Landscape and Visual Impact Assessment to be undertaken.
Further guidance with the Landscape SPG indicates that outside of the settlements, agricultural development proposals where the floor space exceeds 1000 square metres have potential to result in landscape impacts. In such instances, the expectation of Officers is that the agent provides a baseline assessment indicating how the proposal has been sited and designed to integrate into the landscape as required by policy DM4. An assessment of the likely impacts together with mitigation measures including landscaping are considered within the Design and Assessment Statement accompanying the application.
For the purposes of LANDMAP the application site is located within the Tregynon Rolling Hills aspect area which is characterised as an extensive area of rolling hillsides and pasture land with gently sloping side and rounded tops. Views across the area are generally from a succession of rolling ridges and due to the size of the area long distance views are limited/insignificant to far distant ridgelines of upland areas. Vegetation is predominantly Oak/mixed broadleaf woodland patched with a strong field pattern defined by hedgerows. General landscape character is defined strongly by the rolling farmed landscape with traditional farming techniques common ie hedge laying and few intensive farming practices employed. LANDMAP indicates that the sense of place is settled, safe and relatively intimate. The overall visual and sensory value for the aspect area is high.
The proposed poultry unit will be located adjacent to an existing building which is located within an existing agricultural field. Notwithstanding the buildings’ footprint, Officers consider that the relatively low profile of the building together with the proposed external
Page 38
finish - juniper green, and building grouping will encourage integration of the poultry unit within landscape thus safeguarding character and appearance of the sites surroundings. Existing site boundaries comprise of established hedgerows and mature trees which are to be retained and supplemented with additional native species planting as detailed on the proposed landscaping plan. In order to manage the associated landscape impacts, Members are advised that a condition will be attached to any grant of consent securing the implementation and maintenance of the existing and proposed landscaping.
Whilst Officers acknowledge the scale of the proposed poultry development, in light of the above consideration and subject to suitable conditions, it is not considered that the proposed development will have an unacceptable adverse impact on the Powys landscape, compliant with policies SP7 and DM4 of the Powys LDP.
Highway Safety and Movement
Policy DM13 confirms that applications must demonstrate that the development has been designed and located to minimise the impacts on the transport network - journey times, resilience and efficient operation - whilst ensuring that highway safety for all transport users is not detrimentally impacted upon.
In accordance with policy DM13, development proposals are expected to meet all highway access requirements, (for all transport users), vehicular parking standards and demonstrate that the strategic and local highway network can absorb the traffic impacts of the development without adversely affecting the safe and efficient flow of traffic on the network or that traffic impacts can be managed to acceptable levels to reduce and mitigate any adverse impacts from the development.
Vehicular access to the proposed poultry unit will be via the existing poultry access whilst a concrete apron will be implemented around the perimeter of the building providing parking and turning provision for delivery vehicles as an extension to the existing hardstanding area. Movements associated with the proposed egg production unit include the initial bird delivery, 2 feed deliveries a month and removal of the birds at the end of the cycle (13 months). The proposed units will utilise the egg collection and feed delivery lorry visiting the existing unit however it is accepted that the development will generate additional vehicular movements per cycle (delivery and collection) following completion of the flock cycle.
Members are advised that highway improvements including junction visibility, widening of the C2130/B4385, construction of a single passing bay together with site access works were conditioned and implemented in accordance with planning permission P2017/1071. In commenting on the proposed development, Members are advised that the Highway Authority has indicated that the existing network can accommodate the traffic generated by the proposed development given the earlier improvements and therefore no conditions or objection has been offered.
Page 39
On the basis of the above observations, Officers do not consider that the proposed development will have an unacceptable adverse impact on the highway network, the safety of its users or movement, compliant with policies DM13 and T1 of the Powys LDP.
Residential Amenity
LDP policy DM13 states that development proposals will only be permitted where the amenities enjoyed by the occupants of nearby or proposed properties are not unacceptably affected. Officers acknowledge that intensive livestock units have potential to generate noise impact from plant/equipment (roof mounted extractor fans) and general operational activities whilst odour impact may potential arise from the spreading of manure and cleaning of the unit at the end of the bird cycle.
In order to inform the assessment of potential impact on local amenity, the planning application is accompanied by the following documents;
. Manure Management Plan; . A Report on the Modelling of the Dispersion and Deposition of Ammonia;
Members are advised that the potential impacts of manure spreading both on and off the applicants’ land is a material planning consideration. The fact that manure spreading for agricultural purposes does not require planning permission is also a material consideration in the planning balance but cannot be a substitute for a proper assessment of the impacts of manure spreading.
Noise
The proposed poultry unit incorporates the use of mechanical ventilator extractor fans which thermostatically control the building temperature. The nearest non associated residential property (Ty Lissa) is located approximately 225 metres away from the proposed poultry unit.
The information submitted in respect of noise has been reviewed by the Council’s Environmental Health Department who has confirmed that sufficient information has been provided to demonstrate that the proposed development would not adversely affect residential amenity.
Odour
A Manure Management Plan (MMP) accompanies the planning application and identifies that there is sufficient land available at the site to accommodate the spreading of all of the manure produced by the unit.
Poultry manure will be removed from the proposed building every 3-4 days on a sheeted trailer and transported to a covered manure store on the farm, the location of which has been confirmed within the submission. The MMP includes details of ‘no-spread’ zones in
Page 40
accordance with the CoGAP recommendations i.e. buffers of 10m have been provided to all watercourses whilst 50m buffer zones will be implemented around wells and boreholes. The plan also includes details of contingency measures when spreading of manure is not possible i.e. wet, waterlogged or frozen conditions; in these instances, manure, slurry and dirty water will be stored in the covered areas on the farm.
In responding to the consultation exercise, Environmental Health confirm that they have considered noise, odour, fly control and private water supplies, and based upon the information submitted, conclude no objection to the proposed development. In light of the above, it is considered that the proposed development will not have an unacceptable adverse impact on the amenities enjoyed by occupants of nearby properties by reasons of noise, odour and dust. Therefore, Development Management considers the proposal to be in accordance with planning policy, in particular LDP policy DM13 and DM14.
Biodiversity, Ecology & The Environment
Policy DM2 of the Powys Local Development Plan seeks to maintain biodiversity and safeguard protected important sites. Policy DM2 states that proposed development should not unacceptably adversely affect any designated site, habitat of species including locally important site designations.
In order to inform the assessment of potential impact on the environment, the planning application is accompanied by the following documents;
. Manure Management Plan; . Method Statement Pollution Plan; . Drainage Plan; . Ranging Plan; . A Report on the Modelling of the Dispersion and Deposition of Ammonia.
SSSI’s and SAC
Intensive livestock installations have the potential to impact protected sites through aerial emissions (ammonia and nitrogen deposition). In their consultation response, Natural Resources Wales (NRW) confirm that an assessment of the potential air quality impact of a unit on a European site and Sites of Special Scientific Interest (SSSI’s) is undertaken in accordance with 2017 thresholds within a screening distance of 5km of the proposed unit.
A report on the Modelling of the Dispersion and Deposition of Ammonia (Existing and Proposed Unit accompanies the application and contains detailed aerial emissions modelling. The report confirms there are 7 Sites of Special Scientific Interest (SSSIs) within 5km of the site, which are: . Gweunydd Ger Fronhaul SSSI
. Cors Cefn Llwyd SSSI
Page 41
. Ffridd Mathrafal Track Section SSSI
. Gwaun Efail Wig SSSI
. Cors Ty-Gwyn SSSI
. Coed Ty-Mawr SSSI
. Cors Llanllugan SSSI
The background ammonia concentration (annual mean) in the area around the site of the proposed poultry unit and the wildlife sites is 1.41ug/NH3/m3. The background nitrogen deposition rate to woodland is 27.86kgN/ha/yr and to short vegetation is 18.76kgN/ha/yr (APIS, April 2018). The submitted report predicts the process contributions to ammonia concentration and nitrogen deposition are below the thresholds applied by NRW in their assessment of potential impacts on protected sites which is thereafter corroborated by NRW in their consultation response as above. On this basis, no objection is offered by NRW in respect of individual or cumulative impact.
Protected Species
Policy DM2 of the Powys Local Development Plan, TAN5 and PPW seek to safeguard protected species and their habitats. Policy DM2 states that proposed development should not unacceptably adversely affect any habitat or protected species.
The application is accompanied by an Extended Phase One Habitat Survey which concludes that the application site is of limited ecological interest. This report has been subject to review by NRW and the County Ecologist and no objections have been received at the time of writing this report. Pollution Control
Officers acknowledge that the proposal has the potential to pollute the environment through the spreading of manure, surface water run off together with associated construction and operational activities unless suitable control/mitigation measures are implemented.
The application is accompanied by a Manure Management Plan which confirms both spreading practices and contingency measures.
Details of the proposed site drainage are identified on drawing no. GD-MZ316-01 and indicates that dirty and clean water will be kept separate. Dirty water e.g. from wash down will be collected in an underground sealed tank (compliant with SSAFO Regulations (Wales) 2010 Standards), before being tankered out as necessary and applied to the land in accordance with the MMP. Clean water from roof and clean surfaces will be discharged to a soakaway system.
Page 42
A Method Statement Pollution Prevention Plan accompanies the application and indicates mitigation measures that will be implemented during the construction and operation of the proposed egg production unit whilst the submitted ranging plan identifies buffers to sensitive receptors.
Having carefully reviewed the information submitted, NRW has confirmed that subject to appropriate conditions being attached securing adherence to the submitted documents, it is not considered that the proposed development would have an unacceptable adverse impact on the surrounding environment by reasons of pollution.
Biodiversity, Ecology & the Environment Conclusion
Having carefully considered the proposed development, Development Management does not consider that the proposed development will have an unacceptable adverse impact on designated sites, protected species or the environment both in terms of individual and cumulative impact. As such, the proposal is considered to be in accordance with policies DM2 and DM13 of the Powys LDP, Technical Advice Note 5 and Planning Policy Wales.
Archaeology
Policy SP7 states that development proposals must not have an unacceptable adverse impact on a strategic resource or asset. Within the policy Scheduled Ancient Monuments and other archaeological remains are identified as such an asset.
Following consultation with CPAT they advised that the proposed development is to be located adjacent to the newly discovered Rhiwhiriaeth Isaf Enclosure. CPAT state that the development will not impact on the Rhiwhiriaeth Isaf Enclosure however due to its location in close proximity to the site have requested that an exclusion area is established during the development to ensure that there is no accidental disturbance by construction machinery or dumping of construction materials.
As such, in light of the comments from CPAT a condition will be attached to any grant of consent regarding an exclusion zone. It is therefore considered that, subject to the condition being attached, that the proposed development is in accordance with policy SP7 of the Powys Local Development Plan.
RECOMMENDATION
Having carefully considered the details submitted together with all statutory consultee responses and third party representations, Officers are satisfied that the proposed development complies with the relevant policies within the Powys Local Development Plan, Technical Advice Notes and Planning Policy Wales. As such, the recommendation is one of consent subject to the conditions detailed below;
Conditions:
Page 43
1. The development to which this permission relates shall be begun no later than the expiration of five years from the date of this permission. 2. The development shall be carried out strictly in accordance with the approved plans and documents (drawing no's: GD-MZ316-01 Location Plan, GD-MZ316-01 Drainage Plan, GD-MZ316-02 and GD-MZ316-03 and documents; Design, Access and Planning Statement, A Report on the Modelling of the Dispersion and Deposition of Ammonia, Ranging Plan, Manure Management Plan, Method Statement Pollution Prevention and Ammonia Mitigation Scheme). 3. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no extensions or alterations to the unit shall be erected without the consent of the Local Planning Authority. 4. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 and the Town and Country Planning (General Permitted Development) Order 1995 as amended or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification, the premises shall not be used for any purpose other than that hereby authorised. 5. Notwithstanding the approved plans, prior to the commencement of development, a detailed landscaping scheme shall be submitted to and approved in writing by the Local Planning Authority. The scheme shall include a scaled plan identifying the location of planting, species, sizes and planting numbers together with an implementation and maintenance strategy. Thereafter, the development shall be undertaken strictly in accordance with the detailed landscaping scheme as approved. 6. No external lighting shall be installed unless a detailed external lighting design scheme has been submitted to and approved in writing by the Local Planning Authority. The external lighting scheme shall identify measures to avoid impacts on nocturnal wildlife. The development shall be carried out in accordance with the approved details. 7. No development shall commence until details of existing and proposed ground levels together with finished floor levels have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details. 8. The development hereby permitted shall not begin until an appropriate fenced area, surrounding the Rhiwhiriaeth Isaf archaeological remains on the east side, has been marked out in accordance with a specification submitted to and approved in writing by the Local Planning Authority. Throughout the course of the development no works shall be undertaken within the area surrounded by fencing without the consent of the Local Planning Authority. 9. The poultry unit hereby approved shall house a maximum of 16,000 birds. 10. All deliveries to and from site in connection to this application shall be carried out between the following hours, Monday to Fridays from 08.00 to 18.00 hours, Saturdays from 08.00 to 13.00 hours and at no time on Sundays, Bank and public holidays.
Reasons:
1. Required to be imposed by Section 91 of the Town and Country Planning Act 1990.
Page 44
2. To ensure adherence to the plans stamped as approved in the interests of clarity and a satisfactory development. 3. In order to control development which has the potential to have adversely affect the amenity of the area in contradiction to Policy DM13 of the Powys Local Development Plan and Planning Policy Wales (2018). 4. In order to control development which has the potential to have adversely affect the amenity of the area in contradiction to Policy DM13 of the Powys Local Development Plan and Planning Policy Wales (2018). 5. To comply with Powys County Council’s LDP Policies DM2, DM4 & DM13 in relation to the landscape and Planning Policy Wales (2018) 6. To comply with Powys County Council’s LDP Policies DM2 & DM13 in relation to The Natural Environment and to meet the requirements of TAN 5: Nature Conservation and Planning, Planning Policy Wales (2018). 7. In order to control development which has the potential to have adversely affect the amenity of the area in contradiction to policy DM4 of the Powys Local Development Plan (April 2018) and Planning Policy Wales (2018). 8. To secure preservation in-situ of recorded archaeological remains which may be vulnerable to damage during construction in accordance with policy DM13 of the Powys Local Development Plan (2018), Technical Advice Note 24 – The Historic Environment (2018) and Planning Policy Wales (2018). 9. In order to control the number of birds in the interests of the environment in accordance with policies DM2 and DM13 of the Powys Local Development Plan (April 2018) and Planning Policy Wales (2018). 10. To protect the local amenities of the local residents by reason of noise in line with LDP policy DM13, Technical Advice Note 11 – Noise (1997) and Planning Policy Wales (2018).
Informatives:
Advisory notes as recommended by the relevant consultees will be attached to any planning permission granted.
Page 45 This page is intentionally left blank Page 47 This page is intentionally left blank 6.4
Planning, Taxi Licensing and Rights of Way Committee Report
Application 19/1025/AGR Grid Ref: E: 317704 Number: N: 311411 Community Guilsfield Community Valid Date: Council:
Applicant: Powys County Council
Location: Maesgwyn Uchaf, Guilsfield, Welshpool, Powys, SY21 9DE
Proposal: Erection of agricultural buildings
Application Type: Agricultural Notification
The reason for Committee determination
The farm holding is in ownership of Powys County Council Estates Department
Planning History
None recorded
Principal Planning Constraints
None
Principal Planning Policies
Town and Country Planning (General Permitted Development) Order 1995 Part 6 (GPDO)
The Town and Country Planning (General Permitted Development) (Amendment) (Wales) (No. 2) Order 2012
Technical Advice Note 6 – Planning for Sustainable Rural Communities
Other Legislative Considerations
Crime and Disorder Act 1998 Equality Act 2010 Planning (Wales) Act 2015 (Welsh language) Wellbeing of Future Generations (Wales) Act 2015
Page 49
Officer Appraisal
Schedule 2 Part 6 of the Town and Country Planning (General Permitted Development) Order 1995 allows works for the erection, extension or alteration of an agricultural building; or any excavation or engineering operations required for agricultural purposes where the agricultural land unit is 5 hectares or more. Provided all the GPDO requirements are met, the principle of whether the development should be permitted is not for consideration. Only in cases where the authority considers that a specific proposal is likely to have a significant impact on its surroundings would it be necessary for the authority to require the formal submission of details for approval. The first consideration is whether the proposed building is reasonably necessary for the purposes of agriculture within the unit.
This prior notification is sought for the erection of two general purpose agricultural buildings which are to replace the existing buildings due to health and safety concerns (structural instability and presence of asbestos). The proposed buildings will be located on the western part of the holding.
Building 1 is to measure: 12.1m in length, 6m in width, 3.5m to the eaves, 5.4m to the ridge, with total floor space of 74.2m².
Building 2 is to measure: 18.2m in length, 12.2m in width, 3.6m to the eaves, 5.4m to the ridge, with total floor space of 222.9m².
The proposed buildings will be built using mass concrete walls with Yorkshire boarding above with grey fibre cement roof sheets.
The proposed total floor space area for the both buildings is less than 465 square metres, they would not have a ridge height of greater than 12 metres, they would not be within close distance of an aerodrome, they would not be within 25 metres of the metalled part of a trunk road or classified road. The proposed buildings will be used for mainly for storage of feed and occasionally for livestock (during lambing season). There are no non- associated protected properties within 400m of the site. On this basis, the proposed buildings benefit from permitted development rights afforded by Schedule 2, Part 6, Class A of the General Permitted Development Order 1995 for Agricultural Buildings and Operations and does not require planning permission.
The proposed buildings will be situated on the existing hardstanding once the dilapidated structures are removed, immediately opposite of the farmhouse and in close proximity to the existing buildings at the holding. The other considerations relate to the effect of the development upon the landscape in terms of visual amenity, as well as the desirability of preserving ancient monuments and their settings, archaeological sites, listed buildings and their settings, and sites of recognised nature conservation value. There are no known historical assets or nature interests in the immediate locality which the building would
Page 50
impact upon. Given the proposed location, the natural screening of the existing hedgerows and use of appropriate materials it is considered that the proposed building would not unacceptably impact upon the landscape, heritage assets or sites of nature conservation.
On this basis of the above information, it is considered that the proposed buildings benefit from permitted development rights afforded by Part 6 Schedule 2 of the General Permitted Development Order 1995 for Agricultural Buildings and Operations Class A and do not require planning permission. In addition, based on the circumstances of the case, prior approval is not considered necessary.
RECOMMENDATION
Officers consider that the proposed development constitutes permitted development and therefore full planning permission is not required and neither is prior approval of the details of the scheme. The recommendation is therefore one of approval.
______Case Officer: Edin Hrustanovic, Planning Officer Tel: 01938 551231 E-mail: [email protected]
Page 51 This page is intentionally left blank Page 53 Page 54 Delegated List
84 Applications
Excel Version Go Back
Parish Name Decision Date Application Application No. Application Type Date Decision Proposal Location Aberhafesp Approve 12/06/2019 19/0797/FUL Full Application 02/08/2019Issued Installation of a ground Woodview mounted solar photo- Aberhafesp Community
voltaic array Newtown 7 Powys SY16 3HL
Abermule And Approve 08/05/2019 19/0731/FUL Full Application 25/07/2019 Retrospective change of Maeshafren Page 55 Page Newtown Llandyssil Use of Agricultural Land to extend Yard for Powys Community Ground works and Plant SY15 6NT Hire Business (Sui Generis) Banwy Approve 13/06/2019 19/0873/CLE Certificate of 08/08/2019 Application for certificate Land At Dolygaseg Community Lawfulness - Existing of lawfulness for works Foel already carried out Welshpool namely land regrading Powys works of no more than 1 SY21 0PD metre over 0.13 hectares
Beguildy Approve 30/04/2019 19/0714/FUL Full Application 31/07/2019 Installation of ground Criggin Community source heat pump and Felindre associated works Knighton LD7 1YP Berriew Approve 30/05/2019 19/0774/FUL Full Application 24/07/2019 Erection of an Cefnblewog Community agricultural livestock Berriew building and all Welshpool associated works Powys SY21 8PW CODE: IDOX.PL.REP.05 14/08/2019 14:23:08 POWYSCC\\sandraf Go Back Page 1 of 19 Delegated List
84 Applications
Refused 05/02/2019 19/0201/FUL Full Application 06/08/2019 Erection of an affordable Land Adjacent To Lawr Y dwelling, garage, Cwm improvements to existing Pantyffirdd vehicular access, Berriew installation of a package Welshpool treatment plant and SY21 8BN associated works Bettws Approve 11/06/2019 19/0948/HH Householder 08/08/2019 Alteration and extension Sorrento Community to dwelling and all Bettws Cedewain associated works Newtown SY16 3DX Page 56 Page Carno Approve 18/04/2019 19/0631/FUL Full Application 26/07/2019 Erection of a dwelling Land North-West Of Community and hobby building Greenacres Carno Caersws Powys SY17 5LL Carreghofa Approve 15/04/2019 19/0561/HH Householder 09/08/2019 Erection of a front porch, Knutsford House Community and single storey rear The Street extension Llandysilio Powys SY22 6EN
CODE: IDOX.PL.REP.05 14/08/2019 14:23:08 POWYSCC\\sandraf Go Back Page 2 of 19 Delegated List
84 Applications
Clyro Approve 08/10/2018 18/0688/FUL Full Application 09/08/2019 Change of use of land to Land At The Start Bed & Community accommodate 9 no. Breakfast safari tents, erection a Hay-on-wye cafe unit, shower Hereford block/WC block and Powys treehouse, HR3 5RS improvements to existing access, creation of new carparking and turning area, and all associated works 19/0165/FUL Full Application 31/07/2019 Change of use of land Campsite
Page 57 Page Approve 28/01/2019 from agricultural to a Cleirwy (Raquets Farm) mixed use for agriculture Hay-on-Wye and a seasonal camping Herefordshire site and associated Powys facilities (part HR3 5LA retrospective) Disserth And Permitted 15/07/2019 19/1170/AGR Agricultural 26/07/2019 Erection of an The Willows Trecoed Develop Notification agricultural building Caerwnon Park Builth Wells Community ment Powys LD2 3RP
Felin-Fach Approve 05/06/2019 19/0772/LBC Listed Building 02/08/2019 Remedial works to The Old Rectory Community Consent chimneys Llanfilo Brecon LD3 0RE
CODE: IDOX.PL.REP.05 14/08/2019 14:23:08 POWYSCC\\sandraf Go Back Page 3 of 19 Delegated List
84 Applications
Forden With Approve 09/11/2018 18/0707/FUL Full Application 26/07/2019 Siting of 6 no. additional Land At Tavern Caravan Leighton & park homes, formation Park of hardstanding, parking Forden Trelystan Com areas and all associated Welshpool works Powys SY21 8NN
Approve 29/03/2019 19/0535/LBC Listed Building 01/08/2019 Internal and external Front Lodge Consent alterations including the Leighton demolition of a lean to Welshpool and all associated works. Powys Page 58 Page SY21 8LL
Approve 17/04/2019 19/0667/FUL Full Application 25/07/2019 Erection of an ancillary Brooklyn building in connection Leighton with the kennels for Welshpool office/reception use and SY21 8LN the relocation of a septic tank Approve 01/05/2019 19/0721/HH Householder 26/07/2019 Erection of a single Castle View storey side extension Leighton Welshpool Powys SY21 8HH
Glantwymyn Approve 11/06/2019 19/0764/FUL Full Application 26/07/2019 Demolition of agricultural Plas Cwmllecoediog Community building and erection of a Aberangell replacement building, to Machynlleth include the erection of an SY20 9QP observatory
CODE: IDOX.PL.REP.05 14/08/2019 14:23:08 POWYSCC\\sandraf Go Back Page 4 of 19 Delegated List
84 Applications
Glasbury Approve 03/06/2019 19/0904/HH Householder 25/07/2019 Erection of an extension Cwmdu Community Ffynnon Gynydd Hereford HR3 5LZ Approve 17/06/2019 19/1015/HH Householder 31/07/2019 Change of use of Lower House agricultural land to Ciltwch Common domestic and Glasbury construction of an Hereford outbuilding Powys HR3 5NZ
Guilsfield 19/0893/FUL Full Application 24/07/2019 Formation of a new Land Opposite Bridge
Page 59 Page Approve 29/05/2019 vehicular access and all Farm associated works Guilsfield Welshpool SY21 9LW Refused 12/04/2019 19/0693/FUL Full Application 12/08/2019 Erection of a Land At Clematis dwellinghouse and School Road detached garage with Guilsfield store above, formation of Welshpool vehicular access and SY21 9NQ driveway together with all associated works (revised proposal) Honddu Isaf Approve 20/04/2018 DIS/2018/0078 Discharge of 06/08/2019 Discharge of conditions Land North Of Cwmgwilym Community condition 3, 14, 15, 17, 18 & 19 of Farm planning consent Talachddu P/2017/1111 Brecon Powys LD3 9TH
CODE: IDOX.PL.REP.05 14/08/2019 14:23:08 POWYSCC\\sandraf Go Back Page 5 of 19 Delegated List
84 Applications
Knighton Approve 02/05/2019 19/0736/LBC Listed Building 05/08/2019 Installation of flue 45 Market Street Community Consent associated with Knighton woodburning stove and LD7 1EY installation of window on second floor Approve 07/05/2019 19/0744/HH Householder 25/07/2019 Demolition of the existing 14 Pontfaen conservatory and Knighton erection of front porch LD7 1HS and two storey rear extension Approve 06/06/2019 19/0882/LBC Listed Building 09/08/2019 Removal and Bamboo Garden Page 60 Page Consent replacement of both 50 Market Street gable chimneys Knighton LD7 1BB NMA 16/07/2019 19/1172/NMA Non-Material 25/07/2019 Non-material The Toot amendment to planning Approved Amendment Garth Lane application P/2018/0583 Knighton in relation to materials Powys LD7 1HH
Prior 18/07/2019 19/1173/AGR Agricultural 31/07/2019 Erection of a shed for the Woodland South Of Approval Notification purposes of forestry / Cwmgilla Lane woodland management Knighton Approved Powys
CODE: IDOX.PL.REP.05 14/08/2019 14:23:08 POWYSCC\\sandraf Go Back Page 6 of 19 Delegated List
84 Applications
Llanbadarn Approve 30/11/2018 18/0963/REM Removal or Variation 06/08/2019 Section 73 application to Penybank Fynydd of Condition vary condition no 6 and Llanbadarn Fynydd remove condition no 7 Llandrindod Wells Community attached to planning LD1 6YD permission P/2014/1246 (provision of passing bays) Llandinam Approve 15/04/2019 19/0505/FUL Full Application 06/08/2019 Siting of a shepherd hut Waen Community for holiday use, Waen Lane installation of a sewage Llandinam treatment plant, Powys formation of vehicular SY17 5BH Page 61 Page access and all associated works Approve 17/06/2019 19/0874/HH Householder 26/07/2019 Erection of a garage with Berthddu a gym and storage area Llanidloes Powys SY17 5AX Llandrindod Approve 28/02/2019 19/0337/FUL Full Application 26/07/2019 Proposed residential Erection Of 2X Semi Wells development of two semi Detached Dwellings detached dwellings and Craig Road Community associated works Llandrindod Powys
Approve 24/06/2019 19/0962/FUL Full Application 31/07/2019 Conversion of first floor 4 Granville two-bedroom flat into two Park Terrace one-bedroom flats Llandrindod Wells LD1 6AY
CODE: IDOX.PL.REP.05 14/08/2019 14:23:08 POWYSCC\\sandraf Go Back Page 7 of 19 Delegated List
84 Applications
Llandrinio And Approve 26/06/2019 19/0957/DIS Discharge of 29/07/2019 Application to discharge Land Adj To Old condition 5 of planning Malthouse Arddleen Condition approval P/2017/1497 Four Crosses Community Llanymynech Powys SY22 6RP
Llanelwedd Approve 27/12/2018 18/1194/LBC Listed Building 02/08/2019 Listed building consent Capel Hope Community Consent for internal and external Llanfaredd alterations including Builth Wells siting of oil tank , LD2 3TE Page 62 Page installation of chimney pot, flues, boiler, radiators and associated works; blocking in doorway on rear elevation; installation of additional waste pipe and gas cooker flex at rear of building ; installation of external steps to rear garden and re- instatement of doorway to side entrance. Non- retention of demolished side lean-to /shed and loss of an internal wall.
CODE: IDOX.PL.REP.05 14/08/2019 14:23:08 POWYSCC\\sandraf Go Back Page 8 of 19 Delegated List
84 Applications
Approve 03/01/2019 19/0072/HH Householder 02/08/2019 Alterations to dwelling Capel Hope including siting of oil Llanfaredd tank, installation of Builth Wells chimney pot and flue, LD2 3TE block up rear elevation doorway, reinstatement of side entrance, installation of external steps to rear garden including retropsective permission for demolition of side leant to/shed Page 63 Page Llanfair Approve 21/02/2019 19/0281/FUL Full Application 02/08/2019 Conversion of Bronygarth Caereinion agricultural building into A495 From Junction With a dwelling including the A458t At Neuadd Bridge Community demolition of side store, To C2116 By Dolgead erection of porch, Farm improvements to Llanfair Caereinion vehicular access, Welshpool installation of sewage SY21 0HT treatment plant and Llanfechain Refused 21/12/2018 18/1192/FUL Full Application 13/08/2019 Construction of a Land Near To Tyn Y Celyn Community manege for equestrian Farm use and change of use of Llangedwyn an agricultural building to Llanfechain equestrian use Powys SY10 9LN
Llanfihangel Approve 07/09/2017 P/2017/0980 Full application 24/07/2019 FULL: Erection of poultry Land At Farchwel Community rearing unit, including Llanfihangel silos and all associated Llanfyllin works Powys SY22 5JF CODE: IDOX.PL.REP.05 14/08/2019 14:23:08 POWYSCC\\sandraf Go Back Page 9 of 19 Delegated List
84 Applications
Refused 10/07/2019 19/1122/AGR Agricultural 07/08/2019 Erection of an Adwywynt Notification agricultural building Llanfihangel Llanfyllin Powys SY22 5JD
Llanfihangel Approve 08/04/2019 19/0552/HH Householder 31/07/2019 Erection of a rear two 1 Kings Head Rhydithon storey extension and Dolau replacement porch. Llandrindod Wells Community LD1 5TF 18/0954/FUL Full Application 29/07/2019 Erection of free standing The Workhouse
Llanfyllin 64 Page Approve 06/12/2018 Community entrance canopy and Llanfyllin installation of four SY22 5LD freestanding bollard lamps Approve 06/12/2018 18/0955/LBC Listed Building 29/07/2019 External works to include The Workhouse Consent the erection of a canopy, Llanfyllin re-opening doorway, SY22 5LD restoration of cupola, installation of four wall lamps and repair works and internal works to include installation of lift and toilets, repair of flooring and staircases, installation of bat roost loft and all associated works
CODE: IDOX.PL.REP.05 14/08/2019 14:23:08 POWYSCC\\sandraf Go Back Page 10 of 19 Delegated List
84 Applications
Llangammarch Approve 08/05/2019 19/0638/FUL Full Application 26/07/2019 Siting of 11 static Irfon River Caravan Park holiday caravans and Community Garth siting of 4 glamping Llangamarch pods in lieu of the Powys existing touring pitches LD4 4BH together with installation of sewage treatment plant and all associated works.
Llangunllo Approve 03/04/2019 19/0108/FUL Full Application 09/08/2019 Erection of an extension River View to dwelling (including Llanbister Road Community 65 Page demolition of Llandrindod Wells conservatory and Powys detached garage), LD1 5UT together with erection of a stable building, change of use of land to equestrian use and associated works Llangynog Approve 04/06/2019 19/0922/DIS Discharge of 13/08/2019 Discharge of condition 4 Alltforgan Community Condition of planning permission Llangynog 19/0921/REM in relation Oswestry to ecological report SY10 0EZ Approve 11/06/2019 19/0921/REM Removal or Variation 05/08/2019 Section 73 application to Land At Alltforgan of Condition vary condition 2 of Llangynog permission P/2018/0596 Oswestry to allow for amended Powys plans SY10 0EZ
CODE: IDOX.PL.REP.05 14/08/2019 14:23:08 POWYSCC\\sandraf Go Back Page 11 of 19 Delegated List
84 Applications
Approve 27/06/2019 19/1085/HH Householder 13/08/2019 Erection of a two storey Bryn Pistyll detached Llangynog garage/craftsroom and Oswestry demolition of existing Powys store building SY10 0EZ
Llanidloes Approve 13/06/2019 19/1008/DIS Discharge of 02/08/2019 Application to discharge The Orchard House Community Condition conditions 4, 5, 6 and 7 10 China Street of planning approval Llanidloes P/2017/0734 (LBC) Powys SY18 6AB Page 66 Page
Approve 14/06/2019 19/1013/DIS Discharge of 02/08/2019 Application to discharge The Orchard House Condition conditions 4, 5, 6 and 7 10 China Street of planning approval Llanidloes P/2017/0733 Powys SY18 6AB
Approve 20/06/2019 19/0998/HH Householder 06/08/2019 Erection of a two storey Llwyndinam side extension to replace 15 Garden Suburb existing single storey Llanidloes garage / utility SY18 6EU Llanidloes Approve 03/04/2019 19/0599/DIS Discharge of 31/07/2019 Discharge of conditions Plot 1 West Of Van Without Condition 3, 19, 20, 21 and 22 of Terrace planning permission Van Community P/2017/0093 in relation Llanidloes to footway drawings, Powys external lighting, landscaping, foul and surface water drainage and flood emergancy plan.
CODE: IDOX.PL.REP.05 14/08/2019 14:23:08 POWYSCC\\sandraf Go Back Page 12 of 19 Delegated List
84 Applications
Approve 03/04/2019 19/0600/DIS Discharge of 31/07/2019 Discharge of conditions Plot 2 West Of Van Condition 3, 19, 20, 21, 22 and 23 Terrace of planning permission Y Fan P/2017/0094 in relation Llanidloes to footway drawings, Powys external lighting, landscaping, foul and surface water drainage and emergancy flood plans Llanrhaeadr-Ym- Planning 24/06/2019 19/0978/CLE Certificate of 09/08/2019 Section 191 application Fotty Llechweddlwyd Lawfulness - Existing for a lawful developmet Pedair-Ffordd Mochant 67 Page Permissio certificate for the siting of Oswestry Community n a biomass boiler SY10 0AU Required container Llansantffraid Approve 15/03/2019 19/0314/OUT Outline planning 05/08/2019 Erection of an Land Adj To Plasgwyn Community agricultural workers Bungalow dwelling and all Llansantffraid-ym-mechain associated works (all Powys matters reserved) SY22 6TR
Approve 15/04/2019 19/0517/FUL Full Application 31/07/2019 Erection a boundary Sinclair Hall fence Church Lane Llansantffraid-Ym-Mechain Powys SY22 6TZ Approve 31/05/2019 19/0861/FUL Full Application 08/08/2019 Erection of 2 buildings to Four Crosses Farm accommodate 2 no. Pen-Y-Bont 199kw Biomass boiler Oswestry units and all associated SY10 9JJ works - retrospective
CODE: IDOX.PL.REP.05 14/08/2019 14:23:08 POWYSCC\\sandraf Go Back Page 13 of 19 Delegated List
84 Applications
Llansilin Approve 20/03/2019 19/0176/AGR Agricultural 01/08/2019 Erection of an Ty Mawr Community Notification agricultural building for Llansilin the housing of slurry Oswestry Powys SY10 7JW
Llanwrtyd Wells Approve 01/11/2018 18/0604/FUL Full Application 31/07/2019 Formation of sensory Land At Community garden, car parking area, Dolwen Field vehicular access road Llanwrtyd Wells and multi purpose track Powys together with erection of LD5 4TB Page 68 Page a workshop building, bollard lighting and all associated works (resubmission of P/2018/0120) Manafon Approve 28/06/2019 19/1036/NMA Non-Material 25/07/2019 Application for a non- Carreg Arthur House Community Amendment material amendment to Llanfair Caereinion planning permission Welshpool P/2018/0064 in respect Powys of modifying the external SY21 0DD appearance Meifod Approve 19/06/2019 19/1035/DIS Discharge of 08/08/2019 Application to partially Tanyfron Community Condition discharge condition no.3 Meifod attached to Listed Powys building consent SY22 6BP P/2017/0582 (structural safety method statement for works to north east annex)
CODE: IDOX.PL.REP.05 14/08/2019 14:23:08 POWYSCC\\sandraf Go Back Page 14 of 19 Delegated List
84 Applications
Refused 05/06/2019 19/0859/HH Householder 29/07/2019 Erection of ancillary Belmont living accommodation Geuffordd and all associated works Guilsfield SY21 9DP Mochdre Approve 10/05/2019 19/0786/DIS Discharge of 02/08/2019 Application to discharge Glanhafren Hall Community Condition condition 5 of planning Llanidloes Road approval P/2016/1191 Newtown (Listed Building) SY16 4HZ Approve 03/07/2019 19/1070/CLE Certificate of 09/08/2019 Section 191 application Coed Y Dinas Lawfulness - Existing for lawful development Mochdre certificate for occupation Newtown of a dwelling without SY16 4LA Page 69 Page compliance with condition no. 1 attached to planning permission reference 16030 (agricultural & forestry occupancy restriction) Nantmel Approve 24/06/2019 19/0656/HH Householder 06/08/2019 Erection of a garage Wenbery Community Nant Glas Llandrindod Wells Powys LD1 6PA
Newtown And Approve 22/01/2019 19/0168/RES Reserved Matters 02/08/2019 Reserved matters Land Off Glandwr Llanllwchaiarn application for details of Garth Owen access, appearance, Newtown Community landscaping, scale and Powys layout in connection with SY16 1JP erection of 25 residential units and all associated works approved under permission P/2017/1037 CODE: IDOX.PL.REP.05 14/08/2019 14:23:08 POWYSCC\\sandraf Go Back Page 15 of 19 Delegated List
84 Applications
Approve 25/06/2019 19/1000/FUL Full Application 09/08/2019 Refurbishment of Nationwide existing shopfront 23 High Street Newtown SY16 2PN Approve 25/06/2019 19/1001/ADV Advertisement 09/08/2019 Display of various Nationwide Consent internally and externally 23 High Street illuminated fascia signs Newtown and projecting signs to SY16 2PN replace existing Approve 05/07/2019 19/1078/DIS Discharge of 05/08/2019 Discharge of conditions Unit 23 Condition 4, 5, 6, 7 and 8 of Mochdre Industrial Estate Page 70 Page planning approval Newtown 19/0248/FUL in relation SY16 4LE to contamination Approve 16/07/2019 19/1084/DIS Discharge of 09/08/2019 Discharge of conditions 3 Development At Condition and 4 from planning The Arches consent 19/00011/HH in Union Street relation to window and Y Drenewydd material details Powys SY16 2HA
Approve 17/07/2019 19/1144/NMA Non-Material 29/07/2019 Non-material Bralorne Amendment amendment to planning Newtown consent P/2018/0525 in Powys respect of changes to SY16 2ND fenestrations and the installation of solar panels
CODE: IDOX.PL.REP.05 14/08/2019 14:23:08 POWYSCC\\sandraf Go Back Page 16 of 19 Delegated List
84 Applications
Refused 13/03/2019 19/0407/FUL Full Application 24/07/2019 Construction of an Ladywell Shopping Centre overspill car park to New Church Street Ladywell shopping centre Newtown to include new access, SY16 1AF landscaping and boundary treatment. Formation of new and improvement to existing boundary wall on Butterfly lane to rear Pen-y-bont Approve 16/05/2019 19/0823/REM Removal or Variation 29/07/2019 Section 19 application to Siamberwen of Condition vary condition 1 of Hirnant Fawr 71 Page planning approval Pen-y-bont-fawr Community P/2014/0224 to allow a Powys variation to extend the SY10 0HZ length of time to commence works Presteigne Approve 28/03/2019 19/0316/LBC Listed Building 09/08/2019 Internal alterations to Bell Cottage Scottleton Street Community Consent include the installation of a suspended floor, Presteigne removal of hearths, Powys upgrading central LD8 2BG heating. External alterations to fenestrations Approve 03/06/2019 19/0843/HH Householder 25/07/2019 Erection of extension to The Old Stores main dwelling and Disgoed erection of new fence Presteigne (part retrospective) Powys LD8 2NP
CODE: IDOX.PL.REP.05 14/08/2019 14:23:08 POWYSCC\\sandraf Go Back Page 17 of 19 Delegated List
84 Applications
Approve 17/06/2019 19/1034/FUL Full Application 09/08/2019 Proposed open fronted Seconds And Co storage building Presteigne Powys LD8 2UF
Approve 21/06/2019 19/0912/FUL Full Application 31/07/2019 Erection of a building to Broadheath Farm cover a manure store Presteigne LD8 2HG Trewern Approve 05/07/2019 19/1027/DIS Discharge of 29/07/2019 Application to discharge Cefn Farm conditions 4, 5 and 6 of Community Condition Sale Lane planning approval Trewern Page 72 Page 18/0225/HH Welshpool SY21 8SY Welshpool Approve 03/06/2019 19/0896/RES Reserved Matters 29/07/2019 Reserved matters Development 70 Meters Community application for details of East Of Europa Plain appearance, Groes-pluen landscaping, layout and Welshpool scale in connection with Powys the erection of a dwelling SY21 9BW (following the approval of outline permission P/2017/0750 and non- material amendment permission 18/1114/NMA)
CODE: IDOX.PL.REP.05 14/08/2019 14:23:08 POWYSCC\\sandraf Go Back Page 18 of 19 Delegated List
84 Applications
Approve 05/06/2019 19/0946/DIS Discharge of 29/07/2019 Application to partially 38 Salop Road Condition discharge condition no. 7 Welshpool attached to Listed Powys Building Consent SY21 7EA P/2017/0795 (details of works for removal of fireplace in proposed kitchen) Yscir Approve 05/06/2019 19/0907/HH Householder 09/08/2019 Erection of an Siloam Shalom Community outbuilding for ancillary Aberyscir domestic use Brecon Powys Page 73 Page LD3 9NW
Ystradgynlais Approve 10/05/2019 19/0759/HH Householder 08/08/2019 Erection of extensions 9 College Row Community Ystradgynlais SA9 1BJ Approve 06/06/2019 19/0966/SC Scoping Opinion 01/08/2019 Scoping Opinion under Bryn Henllys Solar Farm EIA Regulations 2017 in Extension relation to a solar-farm Waun Llwyd Farm extension Ystradown Swansea Powys SA9 2XE
Applicati 84
CODE: IDOX.PL.REP.05 14/08/2019 14:23:08 POWYSCC\\sandraf Go Back Page 19 of 19 This page is intentionally left blank 8 Taxi Licensing Sub-Committee Tuesday, 30 July 2019
MINUTES OF A MEETING OF THE TAXI LICENSING SUB-COMMITTEE HELD AT CONFERENCE ROOM - NEUADD BRYCHEINIOG ON TUESDAY, 30 JULY 2019
PRESENT County Councillor D H Williams [Chair]
County Councillors D R Price and K S Silk
1. RESOLUTION TO EXCLUDE THE PUBLIC AND THE PRESS
RESOLVED that in accordance with Section 100(a)(4) of the Local Government Act 1972 the public and press were excluded from the meeting on the grounds that there would be disclosure to them of exempt information under Paragraphs 12 and 18 of Schedule 12a Part 7 of the above Act in respect of the following item[s].
2. APPLICATION FOR A JOINT HACKNEY CARRIAGE AND PRIVATE HIRE DRIVER'S LICENCE
2.1. Sub-Committee procedures
Officers advised that consideration of RJB’s application was deferred as the applicant’s solicitor was not available and an alternative hearing would be arranged.
2.2. Application for a licence - RJB
See note above.
3. REVIEW OF A JOINT HACKNEY CARRIAGE AND PRIVATE HIRE DRIVER'S LICENCE
3.1. Sub-Committee's procedures
The Chair introduced the Sub-Committee and its Clerk.
The Clerk to the Sub-Committee on behalf of the Solicitor to the Council explained the procedures to be followed by the Sub-Committee.
3.2. Review of a licence - EJS
Applicant – EJS
Licensee – EJS (accompanied by DM – friend)
The Licensing Officer presented the Licensing Authority’s position as outlined in the report [copy filed with the signed minutes]. The licensee explained the circumstances surrounding the commission of the offence. In reply to questions by the panel, the licensee explained that he had now installed an administrative system, which would prevent similar circumstances occurring again.
All parties confirmed that they had been able to make their representations. Page 75 Taxi Licensing Sub-Committee Tuesday, 30 July 2019
The Sub-Committee withdrew to consider, in private, the application and the evidence they had heard, with a support of the clerk.
On their return, the Chair announced their decision. In reaching the decision, members took into account the relevant written and verbal representations including the reference submitted by the licensee.
RESOLVED Reason for decision Not to take any action in respect The licensee was a fit and proper of the licensee’s joint Hackney person. Carriage and Private Hire Drivers Licence.
The Clerk to the Sub-Committee advised that he would confirm the decision in writing.
The Chair thanked all for attending.
County Councillor D H Williams Chair
Page 76