Planning, Taxi Licensing & Rights of Way Committee

The Members confirmed that they had received and had time to read the update circulated the previous day.

Grid Ref: E: 312158 N:291596 Valid date: 14/09/2023 Community Council: Newtown And Llanllwchaiarn Community Applicant: Mr Dean Hammond Location: Unit A, Vastre Industrial Estate, Heol Vastre, Newtown, Powys SY16 1DZ Proposal: Erection of rear extension and racking (proposed) and engineering operations to reprofile land (retrospective) Application Type: Full Application A statement was read on behalf of Councillor J Jones, the local representative. The following spoke as objectors: Mr D Melville read a statement on behalf of Mr D Jervis and the following spoke Mr N Hartle, Mrs D Melville and Mr D Melville. Mr R Corbett spoke as the agent. The Committee noted that the agent advised that if the Committee was minded to approve the application, the applicant was happy to plant slightly bigger trees and asked that condition 16 which referred to only using electric forklift trucks and not diesel trucks should be removed as electric forklift trucks would not be suitable for handling the wood packs used at the site. The Committee thanked the speakers. Comment was made that the industrial site had been established 50 years ago, that the statutory consultees had supported the application with appropriate conditions and if the Committee was to approve the application and the applicant was not to comply with conditions the Council’s planning enforcement officers would undertake an investigation to inform appropriate enforcement action. It was moved and duly seconded to approve the application as recommended by the officer, with larger trees being required and condition 16 being removed. The Principal Planning Officer advised that condition 16 had been requested by the Environmental Health Officer as part of the noise conditions. The Environmental Health Officer advised that diesel forklift trucks are significantly louder than electric forklift trucks. He advised that deleting condition 16 may have an impact on condition 14 regarding the acceptable operational noise levels and the proposed acoustic barrier may need to be reviewed. It was however noted that, if approved, within three months of the development becoming fully operational the operator would be required to undertake a noise survey to verify compliance with the approved noise limits, as required in condition 5. In response to a question the Principal Planning Officer advised that Pre-Application Consultation had taken place and a Pre-Application Consultation Report was submitted with the planning application. The Professional Lead - Planning advised the regulations do not require the Pre-Application Consultation Report to be published on the Council’s planning portal. The Principal Planning Officer advised that looking at the planning history of the site, it was not restricted to B8 [warehouse] use only. The Principal Planning Officer advised in response to a question that condition 12 required that the doors on the north-east side of the proposed extension should be closed whenever the CBC machines are being used. The Professional Lead - Planning advised that if the Committee was minded to approve the application it should be delegated to him, in consultation with the Chair and Vice Chair to consider the wording of the condition regarding the maturity of trees to be planted and the amendment to condition 4 regarding the barrier fence and condition 14 regarding noise levels. The mover and seconder agreed to this delegation. RESOLVED: Reason for decision: that the application be granted consent, subject to the conditions set out in the report which is filed with the signed minutes and to it being delegated to the Professional Lead - Planning, in consultation with the Chair and Vice Chair to consider the wording of the condition regarding the maturity of trees to be planted and the amendment to conditions 4 and 14. As officer’s recommendation as set out in the report which is filed with the signed minutes. To ensure the provision suitably mature trees and to simplify the noise related planning conditions. The Committee agreed to consider Item 4.4 next. County Councillor E Vaughan having declared a prejudicial interest left the meeting room for the next application.

Grid Ref: E: 274449 N: 300625 Valid Date: 17/05/2024 Community Council: Machynlleth Town Council Applicant: Powys County Council Location: Ysgol Bro Hyddgen (Secondary Campus), Heol Pentrerhedyn, Machynlleth, SY20 8DR Proposal: Demolition of the existing secondary school, construction of a new-build dual stream thru school, 3G sports pitches, athletics facilities, outdoor performance space, play areas, plant and M&E, MUGA, pick up / drop off, construction of a new access, vehicle and cycle parking and associated works Application Type: Full application The Principal Planning Officer advised that Natural Resources Wales [NRW] had been consulted regarding the Appropriate Assessment and had not responded in the given timeframe. It was noted that the Authority’s Ecologist had supported the application and the Committee was able to continue to consider the application. In response to a question regarding flood risk the Principal Planning Officer advised that NRW had advised that the footprint of the proposed new school is located outside the C2 flood zone and considers the proposal a betterment to the existing location of the current school. He also advised that Land Drainage had been consulted and had approved the application subject to conditions. The Principal Planning Officer advised, in response to a question, that the school will achieve Passivhaus certification and will use renewable energy. It was noted that the current Passivhaus building would be retained. It was noted that the Town Council had asked for a zebra crossing on the north side of the roundabout to the school. In response to a question about this, the Highways Authority advised that the Trunk Road Agency had considered the application and approved the proposal subject to conditions. As the zebra crossing was proposed to be on the south side of the roundabout, the Trunk Road Agency had assessed road safety issues on this basis. It was moved and duly seconded to approve the application as recommended by the officer in the update report. RESOLVED: Reason for decision: that the application be granted consent, subject to the conditions set out in the update report which is filed with the signed minutes. As officer’s recommendation as set out in the update report which is filed with the signed minutes. County Councillor E Vaughan returned to the meeting room. County Councillor G Pugh having declared a prejudicial interest left the meeting for the next application.

Grid Ref: E: 316318 N: 295231 Valid Date: 12/04/2024 Community Council: Abermule and Llandyssil Community Council Applicant: Mr Gareth Pugh Location: Bryn Derwen Motte, Abermule, Montgomery, SY15 6JP Proposal: Erection of an agricultural building and construction of a crushed stone track Application Type: Full application The Solicitor advised that she had reviewed the file and confirmed that it had been processed appropriately. It was moved and duly seconded to approve the application as recommended by the officer. RESOLVED: Reason for decision: that the application be granted consent, subject to the conditions set out in the report which is filed with the signed minutes. As officer’s recommendation as set out in the report which is filed with the signed minutes.

The Committee received for information a list of decisions made by the Head of Property, Planning and Public Protection during the period between 4 October 2024 and 22 October 2024.

The Committee received the Planning and Environment Decisions Wales [PEDW] letter regarding the appeal in respect of application 22/01958/FUL - Woodlands, Llanddew, Brecon, LD3 9SU. The Committee noted that PEDW had dismissed the appeal.

The Professional Lead - Planning advised that a decision had been received regarding the approval of the Garn Fach onshore wind farm and associated works in north Radnorshire / south Montgomeryshire. County Councillor G Pugh returned to the meeting. The Professional Lead - Planning advised in preparing a DNS application, applicants and agents are undertaking Pre-Application Consultation and he encouraged members to share the information with communities and encourage them to engage with this to inform a development. The Planning website includes a page on DNS and has a link to the PEDW website. County Councillor G Pugh confirmed he had no issues to raise in respect of agenda items 5 or 6.

The Chair advised that comments had recently been made by speakers regarding the current order of speakers, prior to the Committee’s consideration of an application and that currently there was no opportunity for speakers to respond to any information provided by the officer. Comment was made that the proposed changes reflected the order of speakers used by other local authorities. It was moved and duly seconded that the speaking procedures as set out in the Planning Protocol be amended as recommended by officers. Resolved that the amendments to the speaking procedures set out in the Planning Protocol (paragraphs 19.117.7 – 19.117.13) be approved.

The Professional Lead – Planning referred the Committee to the report on the performance data for the period up to the end of Quarter 2 (July – September) 2024. 331 applications had been determined during this period and the average time taken to determine major applications had improved. During Quarter 2, 96% of all applications had been approved within agreed time periods which exceeds the Welsh Government’s target of 80%. During quarter 2 of 2024/25, 112 planning enforcement case investigations were completed, with 78% (87 of 112) of these completed within 84 days or less. During this period 123 Planning Enforcement cases were closed by the authority and of these,109 were found not to be in breach of planning consent, and 14 cases were closed as a result of the Authority taking positive action.

The Chairs presiding at the Taxi Review Panels held on 6 August and 4 September 2024 were authorised to sign the minutes as correct records.