(Public Pack)Minutes Document for Planning, Taxi Licensing & Rights
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Public Document Pack Planning, Taxi Licensing & Rights of Way Committee Thursday, 3 December 2015 MINUTES OF A MEETING OF THE PLANNING, TAXI LICENSING & RIGHTS OF WAY COMMITTEE HELD AT COUNCIL CHAMBER - NEUADD MALDWYN, WELSHPOOL, POWYS ON THURSDAY, 3 DECEMBER 2015 PRESENT County Councillor D R Price (Chair) County Councillors L V Corfield, W J Evans, D R Jones, E M Jones, Eldrydd M Jones, G M Jones, M J Jones, F H Jump, P J Medlicott, K F Tampin, D A Thomas, D G Thomas and G I S Williams 1. APOLOGIES PTLRW107 - 2015 Apologies for absence were received from County Councillors P. Harris, B. Mills, K.S. Silk, A.G. Thomas, D.H. Williams and J.M. Williams. 2. MINUTES OF THE PREVIOUS MEETING PTLRW108 - 2015 The minutes of the meeting held on 12th November, 2015 were not available. Planning 3. DECLARATIONS OF INTEREST PTLRW109 - 2015 (a) County Councillor G.M. Jones declared an interest in application P/2014/1102 as he had been contacted by constituents many times regarding the application. County Councillor M.J. Jones declared a personal and prejudicial interest in P/2015/0915 as a neighbour of the applicant. (b) County Councillor M.J. Jones requested that a record be made of his membership of Churchstoke Community Council where discussion had taken place of matters for the consideration of this Committee, but he did not take part in these discussions. (c) The following County Councillors (who are members of the Committee) declared that they would be acting as ‘local representative’ in respect of the following applications: County Councillor G.M. Jones – application P/2014/1102 County Councillor M.J. Jones – application P/2015/0915 (d) The Committee noted that County Councillor M.C. Alexander (who is not a member of the Committee) would be speaking as the ‘local representative’ in respect of application P/2015/0606. Planning, Taxi Licensing & Rights of Way Committee Thursday, 3 December 2015 4. PLANNING APPLICATIONS FOR CONSIDERATION PTLRW110 - 2015 BY THE COMMITTEE The Committee considered the report of the Head of Regeneration, Property and Commissioning (copies filed with the signed minutes). 4.1. Updates The Members confirmed that they had received and had time to read the updates circulated the previous day and prior to the meeting. County Councillor G.M. Jones moved to the public area for the following application, due to his declared interest. The Chair advised that the Committee had undertaken a site visit in the morning. 4.2. P/2014/1102 Blaen y Glyn Llangurig, Llanidloes, Powys, SY18 6SL Application No: P/2014/1102 Grid Ref: 291676 281370 Valid Date: 04/12/2014 Officer: Mr Andrew Metcalfe, Planning Consultant Community Council: Llangurig Town Council Applicant: Bryn Blaen Wind Farm Ltd c/o Cunnane Town Planning LLP, PO Box 305, Northern Region, Manchester, M21 3BQ Location: Blaen y Glyn Llangurig, Llanidloes, Powys, SY18 6SL Proposal: Full: Construct and operate 6 wind turbines with a maximum tip height of 100m and maximum hub height of 59m together with ancillary development comprising substation, control building, new and upgraded access points and tracks, new alternative recreational track, hardstanding and temporary compound and associated works Application Type: Application for Full Planning Permission Mr G. Clifford, Miss G. Kibble, Mr N. Smith [who spoke in place of Miss J. Hodges] and Mr J. Raymond-Davies spoke against the application. The Committee noted that the application was subject to an appeal to the Planning Inspectorate on grounds of non-determination. Martin Carpenter, Planning Consultant advised that at appeal it was likely that the appellant would submit supplementary information in an attempt to resolve the Council’s objections if the Committee was minded to object to the application. In order to Planning, Taxi Licensing & Rights of Way Committee Thursday, 3 December 2015 ensure that the appeal is run efficiently it is recommended that delegated power is given to the Professional Lead for Development Management in consultation with the Chair and Vice Chair of the Committee to amend or withdraw objection reasons. The Committee discussed landscape and visual impact, biodiversity, cultural heritage, public rights of way and highways and other issues including socio economic and tourism. In response to questions the Planning Consultant advised that there was no information regarding borrow pits. It was assumed that the stone would be brought from outside the site which would mean an increase in the traffic movements. Concerns were raised regarding the landscape and visual impact of the access track to the proposed turbines and it was confirmed that the track would be required throughout the lifetime of the windfarm. It was noted that, in response to initial concerns raised by the Welsh Government Highways, the applicant had provided further information to support its application. As a result, the Welsh Government Highways had advised that highways safety etc. could be dealt with by conditions. The Committee was advised that it was the applicant’s responsibility to serve notice on any landowners over which the access track would cross. In response to questions regarding the impact on tourism the Planning Consultant advised that having considered the application and previously considered applications, there was insufficient evidence available to state that the windfarm would have an adverse impact on tourism. As a result there was no objection on tourism grounds. RESOLVED: REASON FOR DECISION: That Powys County Council objects to the 1. The proposed development is application and that power be delegated to unacceptable in landscape and visual the Professional Lead for Development terms. This is due to the extent and Management in consultation with the Chair degree of the significant landscape and Vice Chair of the Committee to amend effects on the Wye Valley Uplands, or withdraw objection reasons. Clywedog Upland Grazing and Plynlimon Moorlands LANDMAP Visual & Sensory Aspect Areas, together with the extent and degree of significant adverse visual effects, including on users of promoted (Prince Llewelyn Bridleway) and other local public rights of way, highways and Open Access Land. The proposed development is therefore contrary to policies UDP SP12, ENV2, GP1 and E3 of the Powys Unitary Development Plan (March 2010), Technical Advice Note 8: Planning for Renewable Energy (July 2005) and Planning Policy Wales: Edition 7 (2014). 2. The proposed development would have an unacceptable adverse impact Planning, Taxi Licensing & Rights of Way Committee Thursday, 3 December 2015 on the setting of Domen Glw Cairn (Scheduled Monument MG262), may have such an impact on the Pen-y-Gaer Camp Hillfort (Scheduled Monument MG085) and would not preserve the setting of the Church of St Curig in Llangurig (Grade II* listed building) and Llangurig Conservation Area. It would also affect the setting of the Clywedog Valley Landscape of Special Historic Interest, Llanidloes Conservation Area. The proposed development is therefore in conflict with the statutory duty placed on Powys County Council to have special regard to the desirability of preserving the setting of a listed building when determining the acceptability of applications for development. It is also contrary to guidance contained within policies UDP SP12, UDP SP3, ENV17 and E3 of the Powys Unitary Development Plan (March 2010), Welsh Office Circular 60/96: Planning and the Historic Environment: Archaeology (1996), Welsh Office Circular 61/96: Planning and the Historic Environment: Historic Buildings and Conservation Areas, and Planning Policy Wales: Edition 7 (2014). 3. The proposed access track is unacceptable in so far as it has not been demonstrated that where the track intersects with the local highway road the enjoyment and safe use of highways will be retained. The proposed development is therefore contrary to guidance contained within policies UDP SP12, GP1, GP4 and E3 of the Powys Unitary Development Plan (March 2010), Planning Policy Wales: Edition 7 (2014). 4. Insufficient information has been submitted to demonstrate that there would not be an adverse impact on the setting of the Pen y Castell Hillfort (Scheduled Monument MG082), Rhyd yr Onen Motte and Bailey Castle (Scheduled Monument MG088), the Dinas Camp Hillfort (Scheduled Monument MG020) and Pen y Clun Camp Hillfort (Scheduled Monument MG031). The proposed development is Planning, Taxi Licensing & Rights of Way Committee Thursday, 3 December 2015 therefore contrary to guidance contained within policies SP12, ENV17 of the Powys Unitary Development Plan (March 2010), Planning Policy Wales: Edition 7 (2014) and Welsh Office Circular 60/96: Planning and the Historic Environment: Archaeology (1996). 5. Insufficient information has been submitted to demonstrate that the impacts of the proposed development on residential visual amenity are or can be made acceptable. The proposed development is therefore contrary to guidance contained within policies UDP SP12, GP1 and E3 of the Powys Unitary Development Plan (March 2010) and Planning Policy Wales: Edition 7 (2014). 6. Insufficient information has been submitted to demonstrate that the impacts on Public Rights of Way can be managed to an acceptable level. The proposed development is therefore contrary to guidance contained within policies SP12, GP1, RL6 and E3 of the Powys Unitary Development Plan (March 2010), Planning Policy Wales: Edition 7 (2014). 7. Insufficient information has been submitted to demonstrate that impact of the proposed development on European protected sites, and European Protected Species and local fauna (Badgers) would be acceptable. The proposed development is therefore contrary to guidance contained within policies SP12, GP1, ENV4, ENV5, ENV6, ENV7 and E3 of the Powys Unitary Development Plan (March 2010), Planning Policy Wales: Edition 7 (2014). 8. Insufficient information has been submitted to demonstrate that the impacts on peatlands are acceptable. The proposed development is therefore contrary to guidance contained within policies UDP SP12, GP1 and E3 of the Powys Unitary Development Plan (March 2010), Planning Policy Wales: Edition 7 (2014).