Planning, Taxi Licensing & Rights of Way Committee Thursday, 31 March 2016

MINUTES OF A MEETING OF THE PLANNING, TAXI LICENSING & RIGHTS OF WAY COMMITTEE HELD AT COUNCIL CHAMBER - COUNTY HALL, , ON THURSDAY, 31 MARCH 2016

PRESENT County Councillor D R Price (Chair)

County Councillors M J Jones, L V Corfield, W J Evans, P Harris, D R Jones, Eldrydd M Jones, E M Jones, G M Jones, F H Jump, P J Medlicott, R H Mills, K S Silk, K F Tampin, D A Thomas, D G Thomas, A G Thomas, G I S Williams, D H Williams and J M Williams

1. APOLOGIES PTLRW29 - 2016

There were no apologies for absence.

2. MINUTES OF THE PREVIOUS MEETING PTLRW30 - 2016

The Chair was authorised to sign the minutes of the meeting held on 29th February, 2016 as a correct record.

Planning

3. DECLARATIONS OF INTEREST PTLRW31 - 2016

(a) County Councillor P.J. Medlicott declared a personal and prejudicial interest in application P/2015/0152 as he is a Trustee of the Centre.

County Councillor D.G. Thomas declared a personal interest in application P/2016/0108 as a Local Education Authority Governor of Cradoc C.P. School.

County Councillor M.J. Jones declared a personal and prejudicial interest in application P/2015/0340 as a Member of Churchstoke Community Council which would benefit from any Section 106 agreement.

County Councillor A.G. Thomas declared that he was in a predetermined position in respect of application P/2015/0966 and in accordance with the Planning Protocol he did not take the decision maker role for this application.

(b) The Committee noted that 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. Planning, Taxi Licensing & Rights of Way Committee Thursday, 31 March 2016

County Councillor D.A. Thomas declared in respect of application P/2016/0147 that he had attended a meeting of Tawe Uchaf Community Council 9of which he is not a member), which had discussed the application. He therefore did not take the decision maker role for this application.

(c) The Committee noted that the following councillors (who are members of the Committee) would be acting as ‘local representative’ in respect the applications stated: Councillor E. Michael Jones - application P/2015/1078 Councillor P.J. Medlicott - application P/2016/0152

(d) The Committee noted that no councillor (who is not a member of the Committee) would be speaking as the ‘local representative’ in respect of any application on the agenda.

4. PLANNING APPLICATIONS FOR CONSIDERATION PTLRW32 - 2016 BY THE COMMITTEE

The Committee considered the report of the Head of Regeneration, Property and Commissioning [copies filed with the signed minutes].

32.1. Updates

As a number of Members had not picked up a copy of the updates prior to the meeting the Chair allowed them time to read these prior to proceeding. The Chair reminded Members that paper copies of the updates were always available for the Members to collect prior to the meeting. The Members confirmed that they had received and had time to read the updates circulated the previous day.

County Councillor M.J. Jones having declared an interest left the meeting room for the following application.

32.2. P/2015/0340 Land adjacent to Buttercup House, , Montgomery, Powys, SY15 6AH

Application No: P/2015/0340

Grid Ref: 327654 294033

Valid Date: 13/04/2015

Officer: Louise Evans

Community Council: Churchstoke Community Council

Applicant: Mr J Price c/o Roger Parry & Partners LLP, Hogstow Hall Minsterley, Shrewsbury, Shropshire, SY5 0HZ

Location: Land adjacent to Buttercup House, Church Stoke, Montgomery, Powys, SY15 6AH Planning, Taxi Licensing & Rights of Way Committee Thursday, 31 March 2016

Proposal: Outline: Residential development of up to 40 dwellings (including access)

Application Type: Application for Outline Planning Permission with some reserved

Miss R. Peplow spoke against the application. Mr P. Middleton spoke as the Agent.

The Principal Planning Officer advised that if the Committee was minded to approve the application, in addition to the conditions detailed in the report it was recommended that approval would also be subject to the applicant entering into a Section 106 agreement with the Council. The Section 106 agreement would be in respect of the provision of affordable housing, a bus shelter and a monetary contribution to be paid to the Community Council for the upkeep of the play provision.

In response to a question regarding the need for affordable housing the Principal Planning Officer advised that the need in the Severn Valley area was 27% affordable housing as part of any development.

The Highways Authority confirmed that as a result of discussions with the applicant their initial concerns could be resolved via conditions. The Committee questioned the condition regarding parking at the development. The Highways Authority advised that if the Committee was minded to approve the application the condition could be amended to refer to the CSS All Parking document which states a maximum of 3 parking spaces per dwelling.

The Committee noted that this site had been excluded in the Local Development Plan [LDP] process as being unsuitable. The Lead Professional – Development Management advised that the LDP had not yet been subject to challenge by the Planning Inspector. As a result, little weight should be given to it respect of sites. He also advised that as a result of discussions between the Highways Authority and the applicant the highways issues had been resolved and highways safety could be addressed by conditions.

The Principal Planning Officer advised that the sites allocated under the 2004 Unitary Development Plan [UDP] meant that the County had a sufficient supply of land for housing, at that time. The Lead Professional – Development Management stated that the Policy Team reviewed the supply of housing sites every two years and the recent review had informed the LDP. This evidence now showed that the County only had a supply of 1.9 years. In response to questions, the Lead Professional – Development Management advised that they could give weight to certain aspects of the LDP evidence.

The Lead Professional – Development Management advised that the landscape or visual impacts of the development were considered acceptable and therefore it was considered that there was no unacceptable impact on tourism.

It was proposed and duly seconded that the application be approved subject to the conditions as set out in the report and a condition regarding the provision of parking spaces and subject to the applicant entering into a Section 106 Planning, Taxi Licensing & Rights of Way Committee Thursday, 31 March 2016 agreement with the Council in respect of the provision of affordable housing, a bus shelter and a monetary contribution to be paid to the Community Council for the upkeep of the play provision.

RESOLVED: Reason for decision: that the application be granted As officers recommendation as set out in the consent, subject to the conditions report which is filed with the signed minutes. set out in the report which is filed with the signed minutes and subject In the interests of highway safety in to a condition regarding the CSS All accordance with policies GP1 and GP4 of the Wales Parking document which Powys Unitary Development Plan. states a maximum of 3 parking spaces per dwelling and subject to the applicant entering into a Section 106 agreement with the Council in respect of the provision of affordable housing, a bus shelter and a monetary contribution to be paid to the Community Council for the upkeep of the play provision.

The Chair adjourned the meeting for a five minute break.

County Councillors B. Mills and J.M. Williams left the meeting.

County Councillor M.J. Jones resumed his place in the meeting.

The following application was previously considered by the Committee on 3rd December. As a result, the following Members removed themselves from the Committee as they had not previously considered the application: County Councillors P. Harris, K.S Silk, K. Tampin, A.G. Thomas, D.H Williams and G.I.S. Williams.

32.3. P/2015/0605 Pt OS 4647 Land at , , Powys, SY21 0AS

Application No: P/2015/0605

Grid Ref: 303533.77 309416.75

Valid Date: 26/06/2015

Officer: Louise Evans

Community Council: Llanerfyl Community Council

Applicant: Miss Lowri Jones, Ty Cerrig, , Welshpool, Powys, SY21 0PW

Location: Pt OS 4647 Land at Llanerfyl, Welshpool, Powys, SY21 0AS Planning, Taxi Licensing & Rights of Way Committee Thursday, 31 March 2016

Proposal: Outline: Erection of a detached bungalow, formation of vehicular access road and installation of a septic tank

Application Type: Application for Outline Planning Permission

The Committee received and noted the further information from the applicant’s agent which included confidential information regarding the applicant’s specific medical needs. In response to questions the Principal Planning Officer advised that, in her professional opinion, more specific information was required.

It was proposed and duly seconded that contrary to officers’ recommendation the application be approved due to the fact that the exceptional needs of the applicant justified the development in the open countryside and subject to a suitable condition being imposed regarding tying the development to the applicant being delegated to the Professional Lead – Development Management in consultation with the Chair and Vice Chair.

RESOLVED: Reason for decision: that contrary to officers’ Due to the fact that the exceptional needs of recommendation the application be the applicant justified the development in the approved and subject to a suitable open countryside. condition to be imposed regarding tying the development to the applicant being delegated to the Professional Lead – Development Management in consultation with the Chair and Vice Chair.

The following Members resumed their places in the meeting: County Councillors P. Harris, K.S Silk, K. Tampin, A.G. Thomas, D.H Williams and G.I.S. Williams.

32.4. P/2015/0529 Great Cantal, Rd, Llandrindod Wells, LD1 6UD

Application No: P/2015/0529

Grid Ref: 315687 272559

Valid Date: 25/06/2015

Officer: Holly-ann Hobbs

Community Council: Llanbister Community Council

Applicant: Mr Wayne Bowen, Great Cantal, Llanbister Rd, Llandrindod Wells, LD1 6UD.

Location: Great Cantal, Llanbister Rd, Llandrindod Wells, LD1 6UD Planning, Taxi Licensing & Rights of Way Committee Thursday, 31 March 2016

Proposal: Full: Construction of a single 85kw wind turbine with hub height of 24.8m and overall tip height of 36.6m and all associated works.

Application Type: Application for Full Planning Permission

Mr Hayward spoke against the application. Mrs K. Bowen spoke on behalf of the applicant.

As a result of comments made regarding distances from the proposed site for the wind turbine, the Chair adjourned the meeting to allow officers to check these. The Principal Planning Officer confirmed the following distances, from the proposed site of the wind turbine, as indicated on GIS: approximately 414 metres to Old Mill, approximately 461 metres to Great Cantal and approximately 541 metres to the property to the north of the site. The Officer also confirmed that the footpath was approximately 202 metres from the proposed site.

In response to questions the Principal Planning Officer advised that, shadow flicker occurs at distances no more than ten rotor diameters. Shadow flicker would therefore occur up to 235 metres away and all properties were in excess of this distance. It was noted that the report referred to Great Cantal as having a financial involvement with the application, but the objector had stated that this was incorrect.

The Committee was concerned about the inaccuracies in the report. It was proposed and duly seconded that further consideration of the application be deferred to ensure that accurate information is presented to the Committee.

RESOLVED: Reason for decision: that the application be deferred. To allow officers to present accurate information to enable the Committee to consider the application.

32.5. P/2015/1078 Land adjacent to Yellow Jack Barn, , Kington, Powys, HR5 3NT

Application No: P/2015/1078

Grid Ref: 323020.54 255214.59

Valid Date: 25/11/2015

Officer: Holly-ann Hobbs

Community Council: Gladestry Community Council

Applicant: Mr & Mrs Alman, Gladestry Court, Gladestry, Kington, Powys, HR3 3NR

Location: Land adjacent to Yellow Jack Barn, Gladestry, Kington, Powys, HR5 3NT Planning, Taxi Licensing & Rights of Way Committee Thursday, 31 March 2016

Proposal: Outline: Residential Development (all matters reserved)

Application Type: Application for Outline Planning Permission

County Councillor E. Michael Jones spoke as the local representative and after speaking left the meeting room, Mr H. Dean spoke against the application. Mr D. Hughes spoke on behalf of the applicant.

In response to questions the Highways Authority confirmed that the offer of a footpath to serve the village hall did not change her opposition to the development, as stated in the report.

The Principal Planning Officer advised that the dwellings would require septic tanks provided within the boundary of the site. In response to a question the Professional Lead – Development Management advised that the Planning Authority had no power to tell utility providers to provide services in any area.

RESOLVED: Reason for decision: That the application be refused. The proposed development would result in the increased use of a substandard highway to the detriment of vehicular and pedestrian safety contrary to policies GP1, GP4 and HP5 of the Powys Unitary Development Plan (2010), Technical Advice Note 18 – Transport (2007) and Planning Policy Wales (2016).

The Committee adjourned for lunch at 1.20 p.m. and reconvened at 2.00 p.m.

PRESENT County Councillor D R Price (Chair) County Councillors M J Jones, L V Corfield, W J Evans, P. Harris, E. Michael Jones, F H Jump, P J Medlicott, K S Silk, K F Tampin, D A Thomas, D G Thomas, A G Thomas, G I S Williams and D H Williams.

The Chair agreed to take the following application next as there were speakers for this application and no one was at the meeting for other applications.

32.6. P/2015/0986 Bryngwannof Cottages, Howey, Llandrindod Wells, LD1 5RH

Application No: P/2015/0986

Grid Ref: 306497.54 257122.18

Valid Date: 03/11/2015

Officer: Gemma Bufton

Community Council: Disserth & Trecoed Community Council Planning, Taxi Licensing & Rights of Way Committee Thursday, 31 March 2016

Applicant: Mr K Sanders, Grosvenor Road, Sherwood, Llandrindod Wells, Powys

Location: Bryngwannof Cottages, Howey, Llandrindod Wells, LD1 5RH

Proposal: Section 73 application - seeking to vary condition 11,12,13,14 from application R3885/A.

Application Type: Application for Removal or Variation of a Condition

Mr R. Price spoke against the application. Miss A. Sawabey spoke as the agent.

The Principal Planning Officer advised that as a result of a recent appeal decision and the Welsh Office Circular 016/2014 it was recommended that the conditions in respect of the holiday units be updated to reflect the more flexible way holidays are now taken. The Committee noted that the register of holiday makers could be viewed at any time. In response to questions, the Professional Lead – Development Management advised that the proposed Condition 3 regarding the type of occupancy adequately replaced condition 12 of the previous approval.

RESOLVED: Reason for decision: that the application be granted As officers recommendation as set out in the consent, subject to the conditions report which is filed with the signed minutes. set out in the report which is filed with the signed minutes.

County Councillor D.G. Thomas asked that her vote against the application be recorded as she disagreed with the removal of condition 12 associated with the previous application.

County Councillor A.G. Thomas having declared a predetermined position left the meeting room for the next application.

32.7. P/2015/0966 The Stables, Llandefalle, , Powys, LD3 0UN

Application No: P/2015/0966

Grid Ref: 310392.5 235107.33

Valid Date: 22/10/2015

Officer: Gemma Bufton

Community Council: Felin Fach Community Council

Applicant: Mr F Spreckley, Castle Barn, Snodhill, Hereford, HR3 6BH

Location: The Stables, Llandefalle, Brecon, Powys, LD3 0UN Planning, Taxi Licensing & Rights of Way Committee Thursday, 31 March 2016

Proposal: Change of use of stables to include residential conversion as part of a scheme for economic re-use

Application Type: Application for Full Planning Permission

The Professional Lead – Development Management advised that the building should be considered as the baseline for any application. In response to questions he stated the applicant had stated that the property had been advertised for 12 months as a commercial property but there was no interest in it. The Professional Lead – Development Management advised that Development Management needed evidence of all marketing.

It was moved and duly seconded that the application be refused as there was insufficient evidence in respect of GP6.

RESOLVED: Reason for decision: That the application be refused. As there was insufficient evidence to change use as required under GP6 Conversion of Buildings in the Countryside.

County Councillor A.G. Thomas returned to the meeting room.

County Councillor D.A. Thomas left the meeting room for the next application.

32.8. P/2016/0147 Land at , , SA9 1TS

Application No: P/2015/0986

Grid Ref: 281855.5 212242.05

Valid Date: 05/02/2016

Officer: Lorraine Jenkin

Community Council: Tawe-Uchaf Community Council

Applicant: Mr Adam Pearce, Celtic Energy Ltd, Castlegate Business Park, 9 Beddau Way, Caerphilly, CF83 2AX

Location: Land at Caehopkin, Ystradgynlais, SA9 1TS

Proposal: Construction of a cycle path (part retrospective)

Application Type: Application for Full Planning Permission

RESOLVED: Reason for decision: that the application be granted As officers recommendation as set out in the consent, subject to the conditions report which is filed with the signed minutes. set out in the report which is filed with the signed minutes. Planning, Taxi Licensing & Rights of Way Committee Thursday, 31 March 2016

County Councillor D.A Thomas returned to the meeting room.

32.9. P/2016/0152 Community Centre, Bowling Green Lane, Knighton, Powys, LD7 1DR

Application No: P/2016/0152

Grid Ref: 328919.16 272185.66

Valid Date: 04/02/2016

Officer: Isobel Davies

Community Council: Knighton Town Council

Applicant: Mrs K Plant, Knighton and District Community Centre, Bowling Green Lane, Knighton, Powys, LD7 1DR.

Location: Community Centre, Bowling Green Lane, Knighton, Powys, LD7 1DR

Proposal: Full: Demolition of the main entrance foyer, erection of extensions to include construction of new entrance, creation of a first floor and part change of use to D1 library and A3 cafe and other external alterations

Application Type: Application for Full Planning Permission

County Councillor P. Medlicott spoke as the local representative and then left the meeting room as he had declared a prejudicial interest.

RESOLVED: Reason for decision: that the application be granted As officers recommendation as set out in the consent, subject to the conditions report which is filed with the signed minutes. set out in the report which is filed with the signed minutes.

County Councillor P. Medlicott resumed his place in the meeting.

32.10. P/2016/0108 Cradoc CP School, Cradoc, Brecon, Powys, LD3 9LR

Application No: P/2015/0986

Grid Ref: 301555.4 230638.34

Valid Date: 09/02/2016

Officer: Thomas Goodman

Community Council: Community Council Planning, Taxi Licensing & Rights of Way Committee Thursday, 31 March 2016

Applicant: Mrs Judith Morris, Cradoc CP School, Cradoc, Brecon, Powys, LD3 9LR

Location: Cradoc CP School, Cradoc, Brecon, Powys, LD3 9LR

Proposal: Erection of two flag poles

Application Type: Application for Consent to Display an Advertisement(s)

The Planning Officer advised that if the Committee was minded to approve the application it should be delegated to the Professional Lead – Development Management in conjunction with the Chair and Vice Chair to agree a condition in respect of further standard advertising conditions.

RESOLVED: Reason for decision: that the application be granted As officers recommendation as set out in the consent, subject to the conditions report which is filed with the signed minutes. set out in the report which is filed with the signed minutes and subject To secure a well maintained advertisement. to it being delegated to the Professional Lead – Development Management in conjunction with the Chair and Vice Chair to agree a condition in respect of further standard advertising conditions.

32.11. TREE/2016/0010 Rock Park, Park Terrace, Llandrindod Wells, Powys, LD1 6AE

Application No: TREE/2016/0010

Grid Ref: 305655.84 260959.91

Valid Date: 01/13/2016

Officer: Thomas Goodman

Community Council: Llandrindod Wells Town Council

Applicant:

Location: Rock Park, Park Terrace, Llandrindod Wells, Powys, LD1 6AE

Proposal: Tree: Works to trees within a Conservation Area

Application Type: Works to trees subject to a TPO and/or Notification of proposed works to trees in conservation areas

RESOLVED: Reason for decision: that the application be granted As officers recommendation as set out in the Planning, Taxi Licensing & Rights of Way Committee Thursday, 31 March 2016

consent, subject to the conditions report which is filed with the signed minutes. set out in the report which is filed with the signed minutes.

5. DECISIONS OF THE HEAD OF REGENERATION, PTLRW33 - 2016 PROPERTY AND COMMISSIONING ON DELEGATED APPLICATIONS

The Committee received for information a list of decisions made by the Head of Regeneration, Property and Commissioning during the period between 3rd March, 2016 and 29th March, 2016.

6. APPEAL DECISION PTLRW34 - 2016

The Committee received a copy of the Planning Inspectorate’s letter regarding the appeal in respect of application P/2015/0017 Dinas, Llanwrthyl, Llandrindod Wells, Powys LD1 6NU. The Committee noted that the Inspector had dismissed the appeal.

County Councillor P. Harris left the meeting.

Rights of Way

7. TOWN AND COUNTRY PLANNING ACT 1990, PTLRW35 - 2016 SECTION 257 PUBLIC PATH ORDER PROPOSAL

County Councillor E. Michael Jones advised that when the planning application for this site was considered by the Committee he declared a personal interest as he was a member of the Church and the application had an impact on the church wall. He advised this was now a completely separate issue.

The Committee received the report from the Senior Manager, Countryside, Contracted and Cultural Services [copy filed with the signed minutes] and a presentation from the Definitive Map and Commons Registration Officer.

In response to a question the Definitive Map and Commons Registration Officer advised that a neutral position was not recommended solely because of the cost of defending a position. It was recommended because whilst the Committee may be content that the legal tests are met for the making of an Order, the application is considered to be primarily in the interest of the applicant. If the Council remains neutral, the applicant must make a case in support of the Order being confirmed, should it be opposed; this would reduce the case officer time needed to submit the Order to the Planning Inspectorate. The Committee noted the relative distances directly between points C - E and along line C - D.

RESOLVED: Reason for decision: 1. That an Order be made to divert As officers recommendation as set out in the footpaths RB1384 and RB1385, on report which is filed with the signed minutes. Planning, Taxi Licensing & Rights of Way Committee Thursday, 31 March 2016 the plot adjacent to Penygarreg, as shown on the plan at appendix A [filed with the signed minutes]; 2. That if the Order is opposed, unless significant new information comes to light, it is submitted to the Planning Inspectorate for determination; 3. That the Council takes a neutral stance with respect to confirmation of the Order, if it is submitted to the Planning Inspectorate for determination.

The Committee noted the future meeting dates:  28th April, 2016 in County Hall had replaced the scheduled meeting of 21st April, 2016. The Committee noted that a Commons Registration application and planning applications would be considered at this meeting.  11th May, 2016 was the annual meeting where Chair and Vice Chair were appointed. The Chair had agreed that the draft Welsh Local Government Association [WLGA] Planning Protocol would be discussed at this meeting.  13th May, 2016 was scheduled to meet at the Brecon Beacons National Park office, Brecon.

The Chair thanked Members and officers for their attendance and work.

County Councillor D R Price (Chair)