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. County Councillor G D Jones having declared a prejudicial interest left the meeting room for the next item and Councillor A Jones took the Chair.

Grid Ref: E: 320985 N: 318849 Valid Date: 14/08/24 Community Council: Llansantffraid Community Council Applicant: Mr and Mrs Charles and Kate Oakley Location: Llwynddu , Llansantffraid-Ym-Mechain, SY22 6XS Proposal: Demolition of existing property and replacement with new build dwelling including solar panels, installation of treatment plant, and all other associated works Application Type: Full application The Solicitor advised that as the applicant was related to a councillor, she had reviewed the file, as required in the Planning Protocol. She confirmed that the application had been processed appropriately. Councillor A Davies spoke as the local representative. Mr and Mrs Oakley spoke as the applicants. Comment was made that the house was not beyond repair and at a much lesser cost than the £150,000 quoted. In response to questions the Built Heritage Officer advised that Heneb’s role is not to comment on applications but to record properties if they are to be demolished. They have asked for this to be recorded at it meets the criteria for a vernacular building or a building of historic interest. He advised that there is no protection for buildings outside conservation areas or that are not listed but such buildings make up the character of a rural area and so Policy H9 – Replacement Dwellings is the only thing that protects such buildings. He advised he was not against development but after discussion a compromise could not be reached. The Principal Planning Officer advised that Policy H9 refers to size and scale etc. of a replacement building but there is flexibility when considering replacements. However, in this application the form, size and scale of the proposed development is considerably more than the existing dwelling. Comment was made that the current building was not suitable for modern living but the proposed development had no reference to the existing brick building. The Principal Planning Officer advised that at a meeting during the application a modern extension was discussed, as a more favourable option but a scheme was not forthcoming. In response to a question regarding retaining a reference to the vernacular building and design, the Principal Planning Officer advised that if the Committee was minded to approve the application a condition could be added in respect of the materials used. It was moved and duly seconded to approve the application contrary to officer’s recommendation as the financial and environmental cost of making the current structure into a viable and sustainable property were outweighed by the development of a new building with enhanced environmental benefits and the size, scale and orientation of the proposed development was acceptable. RESOLVED: Reason for decision: that the application be granted consent, contrary to officer’s recommendation and that it be delegated to the Development Management Team Leader in consultation with the Vice Chair to agree conditions including a condition in respect of the materials used. That the financial and environmental cost of making the current structure into a viable and sustainable property were outweighed by the development of a new building. The size, scale and orientation of the proposed development was acceptable. Councillor H Williams asked that his vote against approval be recorded. County Councillor G D Jones returned to the meeting and resumed the Chair.

Grid Ref: E: 325687 N: 313063 Valid Date: 12/12/2024 Community Council: Welshpool Town Council Applicant: Canal & River Trust Location: Land to the North of Coppice Lane, Coppice Lane, Pool Quay, Welshpool, Powys, SY21 9JX Proposal: Construction of an offline pond, associated landscaping and enabling works Application Type: Full application The Solicitor advised that at the time of application the land was in the ownership of the Authority, she had reviewed the file, as required in the Planning Protocol. She confirmed that the application had been processed appropriately. The Senior Planning Officer advised that an additional representation had been received since the report was published and this raised concerns that the development may attract visitors and cause parking problems at the site and traffic issues on the lane. A request to speak had also been received after the due date. The Senior Planning Officer advised that the applicant had advised that the development would not be promoted as a visitor attraction and so there would be no increase in traffic on the lane. 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. Councillor K Lewis left the meeting.

Grid Ref: E: 303294 N: 291935 Valid Date: 15/08/2024 Community Council: Caersws Community Council Applicant: Mr J Bufton Location: Baptist Chapel, Chapel Street, Caersws, Powys Proposal: Conversion of Baptist Church into residential dwelling. Change of use from chapel (D1) to a dwelling house (C3), demolition and rebuilding of the side entrance, opening up rear gable and installation of roof sky lights Application Type: Full Application The Development Management Team Leader advised that an email had been received requesting a deferment stating parties had received insufficient notice of the meeting. She advised that she was satisfied that officers had followed the correct procedures and no requests to speak had been received, within the required timescale and thus not granting the applicant the opportunity to respond in line with the Planning Protocol. If the Committee was minded to approve the application a condition would be added to not permit parking in the proposed location. The Planning Officer in response to a question advised that the floor level would be raised by 122 cms which should mean the premises would be flood free but the surrounding area would be flooded and there would be no means of escape. The premises could be used for less vulnerable uses under D1. The Development Management Team Leader advised that Technical Advice Note [TAN] 15 is clear that a highly vulnerable development should not be supported in a flood zone. Natural Resources Wales [NRW] had updated its flood maps for the area and upgraded the flood risk for this location, with this now being in Flood Zone 3. She advised that there would not be a safe access or egress for emergency services, which had to be considered. It was noted however, that the Emergency Planning Officer advised that the premises could be vacated to the north and the change of use would not expediate flooding issues. Comment was made that such buildings should be repurposed and that TAN15 refers to the development of a new building rather than an existing building. In response to a question the Planning Officer advised that permitted development rights would be removed so that no development could be undertaken on the burial ground. The Development Management Team Leader advised that an informative could be added, if the Committee were minded to approve the application, in respect of the access to the gravestones. In addition, she advised if the application were to be approved that the decision be delegated to the Development Team Leader in consultation with the Chair and Vice Chair to seek further clarification if the report and recommendation would need to be referred to the Welsh Government for it to consider whether to call-in the decision, due to publication of the new TAN15 and accompanying guidance earlier that week. It was moved and duly seconded to approve the application contrary to the officer’s recommendation as the building already exists within a residential area and a condition be included restricting parking in the proposed location. RESOLVED: Reason for decision: that the application be granted consent, contrary to officer’s recommendation and that it be delegated to the Development Management Team Leader in consultation with the Chair and Vice Chair to agree conditions, including one prohibiting parking in the proposed location and an informative be included in respect of the access to the gravestones and also subject to seeking clarification over the referral of the application to the Welsh Government for it to consider whether to call-in the decision. That the building already exists within a residential area. County Councillor A Jones having declared a prejudicial interest left the meeting room for the next item.

Grid Ref: E: 318339 N: 298901 Valid Date: 11/03/25 Community Council: Berriew Community Council Applicant: Mr Jones Location: Pied House, Garthmyl, Montgomery, Powys, SY15 6SQ Proposal: A concrete plinth for a slurry separator Application Type: Agricultural Notification The Solicitor advised that as the applicant was related to a councillor, she had reviewed the file, as required in the Planning Protocol. She confirmed that the application 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 notification be approved with no prior approval required as 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. County Councillor A Jones returned to the meeting.

The Committee received for information a list of decisions made by the Head of Planning & Regulatory Services during the period between 12 February 2025 and 27 March 2025.

The Committee received the Planning and Environment Decisions Wales [PEDW] letters regarding appeals in respect of the following applications: · 23/0898/FUL - Land adjacent to Maes Offa, Four Crosses, Welshpool, Powys, SY22 6RA. The Committee noted that PEDW had dismissed the appeal. · 23/1090/HH - The Old Stables, nr. The Old Rectory, Glasbury, Powys, HR3 5NU. The Committee noted that PEDW had upheld the appeal. The Development Management Team Leader advised that as the appeal related to a highways issue, PEDW’s decision had been sent to the Highways officers.