Public Document Pack A G E N D A 3 July 2018 Dear Member, A meeting of the PLANNING, ACCESS AND RIGHTS OF WAY will be held in at CONFERENCE ROOM - PLAS Y FFYNNON on Tuesday, 10th July, 2018 at 10.00 am when your attendance is requested. Yours sincerely Julian Atkins Chief Executive Fire Evacuation Advice In the event of a fire, please exit the building via the main staircase, and assemble in the car park at Assembly Point 3 AGENDA ENC1 Apologies for Absence ENC2 Chairman's Announcements ENC3 Declarations of Interest To receive any declarations of interest from members relating to items on the agenda. Members’ attention is drawn to the sheet attached to the attendance sheet and the need to record their declarations verbally and in writing, specifying the nature of the interest. If Members have declared an interest in an item please ensure that you inform the Chair when you are leaving the room, so that this can be recorded in the minutes ENC4 Minutes of last meeting (Pages 1 - 6) To authorise the Chairman to sign the Minutes of the Brecon Beacons National Park Authority Planning, Access and Rights of Way Committee held on the 15th May 2018. Planning, Access and Rights of Way - 10 July 2018 1 ENC5 Minutes of the 3rd Meeting of the Brecon Beacons National Park Local Access Forum (Pages 7 - 10) To receive the above report ENC6 Development Control Reports for Decision (Pages 11 - 72) To receive a report on Non-delegated Applications 1 18/15988/FUL – Glanyrafon Farm, Cray 2 18/16134/FUL – National Park Visitor Centre, Libanus 3 18/16045/FUL – Cross Yard, Brecon ENC7 Development Control Related Matters for Noting (Pages 73 - 118) Item 1 – Delegated Decisions Report Item 2 – Agricultural Notifications Report Item 3 – Fringe Applications Report Item 4 – Planning Obligations Report Item 5 – Dwellings calculation re commuted sums and deferred payments Report Item 6 – Appeals Report Item 7 – Development Management Statistics Report Item 8 – Enforcement Statistics Report Item 9 – Welsh Government consultation WG33507: Subordinate Legislation Consolidation and Review Consolidation of the Town and Country Planning (Use Classes) Order 1987 and Town and Country Planning (General Permitted Development) Order 1995. https://beta.gov.wales/subordinate-legislation-consolidation-and-review - Verbal Report by Matthew Griffiths ENC8 Enforcement Reports (Pages 119 - 144) Access to Information Resolved that pursuant to the provisions of Section 100A of the Local Government Act 1972, the public be excluded from the Meeting for the following item of business on the grounds that there would be disclosure to them of exempt information as defined in Paragraphs 12, 13, 17 and 18 of Part 4 of Schedule 12A of the above Act and the public interest in maintaining the exemption outweighs the public interest in disclosing the information. 1 Exemption Certificate 2 Enforcement Delegated Report - Confidential Planning, Access and Rights of Way - 10 July 2018 2 ENC4 MINUTES OF BRECON BEACONS NATIONAL PARK AUTHORITY PLANNING, ACCESS AND RIGHTS OF WAY HELD AT CONFERENCE ROOM - PLAS Y FFYNNON ON TUESDAY, 15TH MAY, 2018 PRESENT: Powys Cllr E Roderick, Cllr M Jones (Deputy Chair), Cllr D Meredith, Cllr E Durrant and Cllr K Laurie- Parry Monmouthshire Cllr A Webb and Cllr M Feakins Merthyr Tydfil Cllr Rogers Blaenau Gwent Cllr J Hill Rhondda Cynon Taff Cllr G Thomas Members appointed by the Welsh Government Mr Edward Evans (Chairman), Mrs Melanie Doel, Mr James Marsden, Ms Deborah Perkin, Mr Ian Rowat and Mr Julian Stedman 1 Apologies for Absence Apologies were received from Cllr A James and Prof A Lovell. 2 Chairman's Announcements The Chair informed Members of the Welsh Local Government Association (WLGA) Planning Forum he had attended with Mrs Donna Bowhay, Principal Planning Officer, on 10th May 2018. He highlighted the issues raised at this meeting. 3 Declarations of Interest Name Enc No Nature of Interest Mr J Stedman 6 1 Personal and non prejudicial Brecon Beacons National Park Planning, Access and Rights of Way 1 15 May 2018 Page 1 4 Minutes of the PAROW meetings held on the 20th March and 20th April 2018 The Chairman was authorised to sign the Minutes of the Brecon Beacons National Park Authority Planning, Access and Rights of Way Committee held on 20th March 2018 and the Minutes of the Brecon Beacons National Park Authority Planning, Access and Rights of Way Special Committee held on 20th April 2018 as a correct record. 5 Rights of Way - Draft Rights of Way Improvement Plan 1. Rights of Way – Draft Rights of Way Improvement Plan Members were provided with a presentation by the Mr Eifion Jones, National Park Rights of Way Officer. Proposal A: The recommendation that Members note the contents of the assessments and the report on the questionnaire was put to Members. Proposed: Cllr M Feakins Seconded: Cllr D Meredith Decision: The recommendation that Members note the contents of the assessments and the report on the questionnaire was agreed. Proposal B: The recommendation that Members resolve that the Rights of Way Improvement Plan requires amendment was put to Members. Proposed: Mr J Stedman Seconded: Ms D Perkin Decision: The recommendation that Members resolve that the Rights of Way Improvement Plan requires amendment was agreed. Proposal C: The amended recommendation that Members instruct officers to prepare a fully integrated Draft Rights of Way Improvement Plan having full regard to our statutory purposes was put to Members. Proposed: Mr J Stedman Seconded: Ms D Perkin Decision: The amended recommendation that Members instruct officers to prepare a fully integrated Draft Rights of Way Improvement Plan having full regard to our statutory purposes was agreed. 6 Rights of Way - Application for Public Path Diversion Order 1. Public Path Diversion Order, Public Footpath No.2 (Part) in the Community of Vale of Grwyney Mr J Stedman declared a personal and non-prejudicial interest in this item, he remained in the meeting. Members were provided with a presentation by Mr Eifion Jones, Brecon Beacons National Park Planning, Access and Rights of Way 2 15 May 2018 Page 2 National Park Rights of Way Officer. Public Cllr D Sharman addressed Members on behalf of Vale of Grwyney Speaker: Community Council in opposition to the application. A copy of the text has not been supplied for the public record. Proposal i: The recommendation that the application to divert public footpath no 2 (part) in the Community of Vale of Grwyney be approved and that an order be made under section 119 of the Highways Act 1980 was put to Members. Proposed: Cllr M Jones Seconded: Cllr G Thomas Decision: The recommendation that the application to divert public footpath no 2 (part) in the Community of Vale of Grwyney be approved and that an order be made under section 119 of the Highways Act 1980 was refused. The Chair stated in light of the above refusal the recommendations ii), iii) and iv) as set out in the Officer report were now irrelevant and moved to the next item on the agenda. 7 Rights of Way - Application for Public Path Diversion Order 1. Public Path Diversion Order, Public Footpath No.33 (Part) in the Community of Llanddeusant, Carmarthenshire Members were provided with a presentation by Mr Eifion Jones, National Park Rights of Way Officer. Proposal: The recommendations as set out below from the Officer report were put to Members. i) That the application to divert public footpath no 33 (part) in the Community of Llanddeusant be approved and that an order be made under section 119 of the Highways Act 1980; ii) That all costs associated with the making of the order be borne by the National Park Authority; iii) If no representation or objections are duly made to the order during the statutory objection period, or if any so made are withdrawn, that the order be confirmed as an unopposed order. Proposed: Cllr M Feakins Seconded: Cllr E Roderick Decision: The recommendations as set out below from the Officer report were agreed. i) That the application to divert public footpath no 33 (part) in the Community of Llanddeusant be approved and that Brecon Beacons National Park Planning, Access and Rights of Way 3 15 May 2018 Page 3 an order be made under section 119 of the Highways Act 1980; ii) That all costs associated with the making of the order be borne by the National Park Authority; iii) If no representation or objections are duly made to the order during the statutory objection period, or if any so made are withdrawn, that the order be confirmed as an unopposed order. 8 Development Control Reports for Decision 1. 17/14934/FUL – Change of use of agricultural land to accommodate the installation of a luge run incorporating bridges and a spectator footpath; toilet block and refreshment kiosk; ancillary building for queuing, shop, store, repair area, generator enclosure, drainage attenuation ponds; landscaping and a maize maze – Upper Cantref, Cantref, Brecon Prior to the meeting the Chair had taken the decision to defer this item and at the meeting read the following statement: “As the agenda for this meeting was being published I received representations from the Applicant for this item to be deferred, this is to give him time to consider and respond to the findings of an independent noise report which was commissioned by a third party which was issued to him on May the 1st. The Applicant also requested more time to continue negotiations with Powys County Council’s Highways Department regarding the highways and traffic issues associated with the scheme. As Chair of PAROW I’ve considered the request and have sought appropriate advice from officers as well and have concluded that it is reasonable for the Applicant to be given more time to consider these matters prior to the application being fully considered by this Committee.