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RESOLVED: Reason for decision: that the Committee was minded to grant consent, subject to 1. the referral of the application to the Welsh Ministers and 2. that NRW be advised, so that it can check that the conditions are adequate in respect of the Flood Consequences Assessment. As officer’s recommendation as set out in the update report which is filed with the signed minutes.
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.
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.
Resolved that the proposed licence fees set out in Appendix 1 to the report be approved and implemented with effect from 1st April 2025.
There were no apologies for absence.
The Chair was authorised to sign as a correct record the minutes of the meeting held on 30 January 2025.
(a) There were no declarations of interest. (b) The Committee noted that no Member requested that a record be made of their membership of a Community Council where discussion had taken place of matters for the consideration of this Committee. (c) The Committee noted that no Member (who is a member of the Committee) would be acting as ‘local representative’ in respect of any application on the agenda. (d) The Committee noted that Councillor L George (who is not a member of the Committee) would be speaking as the ‘local representative’ in respect of an application on the agenda.
The Committee considered the report of the Head of Planning and Regulatory Services (copies filed with the signed minutes).
The Members confirmed that they had received and had time to read the update circulated the previous day.
Y penderfyniad fel y'i cofnodwyd
RESOLVED: Reason for decision: that the Committee was minded to grant consent, subject to 1. the referral of the application to the Welsh Ministers and 2. that NRW be advised, so that it can check that the conditions are adequate in respect of the Flood Consequences Assessment. As officer’s recommendation as set out in the update report which is filed with the signed minutes.
Grid Ref: E: 302580 N: 292321 Valid Date: 26.01.24 Community Council: Caersws Community Council Applicant: Mr Jarman Location: Land At Pen Y Borfa, Caersws, Powys Proposal: Residential development comprising 29 dwellings and all associated works Application Type: Full application Councillor L George spoke as the local representative. Ms L Thomas and Mr D Evans spoke as objectors. Mr G Jarman and Mr M Etchell spoke as applicant and agent respectively. In response to comments regarding flooding, the Professional Lead - Planning advised that relevant flood maps for consideration were the Development Advice Maps, which accompany Technical Advice Note [TAN]15 and were last updated by Natural Resources Wales [NRW] in 2020 and the Flood Map for Planning which makes an allowance for climate change. The evidence provided from NRW indicates that the proposed dwellings are outside the flood plain. He advised that if anyone has information regarding flooding they should forward this information to NRW. The Professional Lead – Planning advised that a Holding Direction had been received from the Welsh Government. The Holding Direction allows the Committee to consider an application and if it is minded to approve it, the application would then be referred to the Welsh Government for it to consider whether to call-in the application for determination. He advised that NRW had also asked that if the Committee was minded to approve the application, that it wished to be given opportunity to review the planning conditions in respect of the Flood Consequences Assessment. In response to a question, the Land Drainage Officer advised that a SAB application had not been received but based on the current information available the proposed attenuation system would not be compliant with Welsh Government standards. It was noted that the SAB application process is a separate consenting scheme. If a SAB application is not approved or the design is amended to obtain SAB approval this may lead to the need for an amendment of a planning permission. In response to a question, the Professional Lead - Planning advised that a Section 106 agreement had to be reasonable, necessary and relevant. As the development sits outside the flood zone the request for a S106 agreement would not meet the reasonable and relevant tests. The Highways Officer in response to a question advised that the access from the Trunk Road onto the site was a matter for the Welsh Government but the latter had responded that it was content with the proposals subject to conditions. He advised that the parking was not quite up to the CSS standard but the Highways Authority had no objections to the development. He advised that there was sufficient turning space within the site to accommodate utility vehicles. The Highways Authority had no concerns regarding the footpath to the site from the village. In respect of the provision of a bus stop, the Highways Authority noted that the Welsh Government had asked for a condition in respect of this. The Highways Officer advised that the garages are of the correct size and included in the calculation in respect of parking spaces on the site. In response to a question, it was noted that the Holding Direction from Welsh Government was in respect of this planning application only. It was moved to refuse the application contrary to officers recommendation due to the flooding issues. The Professional Lead - Planning advised that although flooding was a major planning issue for consideration, the location of the dwellings would be outside of the defined flood area and NRW had not raised an objection. It was moved and duly seconded to defer the application to enable the applicant to make a SAB application. The Professional Lead – Planning in response advised that the reasons for any deferral had to be based on planning reasons. He advised that in respect of planning policy the application was compliant in relation to flooding and all other issues and the SAB application was a separate consenting regime and therefore he was of the opinion that this was not a valid planning reason for deferral. It was moved and duly seconded to approve the application as recommended by the officer. RESOLVED: Reason for decision: that the Committee was minded to grant consent, subject to 1. the referral of the application to the Welsh Ministers and 2. that NRW be advised, so that it can check that the conditions are adequate in respect of the Flood Consequences Assessment. As officer’s recommendation as set out in the update report which is filed with the signed minutes.
Y penderfyniad fel y'i cofnodwyd
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: 316927 N: 261170 Valid Date: 02/04/2024 Community Council: New Radnor Community Council Applicant: Nant Mithil Energy Park Limited Location: Meteorological Mast 1260 Meters East of Llanevan, Llandegley, Llandrindod Wells, Powys Proposal: Erection of a meteorological mast (maximum height 120m) and ancillary structures to include up to 4 PV panels, for a temporary period of up to 3 years Application Type: Full Application Mr N Dodman spoke as an objector. Miss N Russell spoke as the agent. In response to a question the Chair advised that the Chair of Council had agreed to hold a Council meeting regarding the development of energy parks within Powys. In response to a question the Professional Lead - Planning advised that the land on which the proposed mast would be erected is not common land. The Planning Officer advised that access to the site was partly via a Byway Open to All Traffic [BOAT] and so on a public highway. From the BOAT to the site the applicant would need to agree access with the landowner and this was not a planning issue. It was noted that the Highways Authority had no objections regarding access. The Planning Officer advised in response to the question that if the Committee was minded to approve the application the conditions included an informative advising the applicants that if any damage was made to the BOAT this would need to be reinstated. 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.
Y penderfyniad fel y'i cofnodwyd
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.
Grid Ref: E: 314571 N: 267070 Valid Date: 18.11.2024 Community Council: Llanfihangel Rhydithon Community Council Applicant: C/O Agent Mr Bryan Thomas Location: 1 Kings Head, Dolau, Llandrindod Wells, LD1 5TF Proposal: Demolition of single storey outbuilding and erection of two storey extension Application Type: Householder The Solicitor advised that as the application is in respect of an officer, 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 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 Planning and Regulatory Services during the period between 23 January 2025 and 12 February 2025.
There were no declarations of interest in respect of the next item.
Y penderfyniad fel y'i cofnodwyd
Resolved that the proposed licence fees set out in Appendix 1 to the report be approved and implemented with effect from 1st April 2025.
The Committee considered the report regarding the Animal Establishment Licensing Fees review. Resolved that the proposed licence fees set out in Appendix 1 to the report be approved and implemented with effect from 1st April 2025.
County Councillor G E Jones declared a personal interest in the next Item as he was appointed by the Committee to the Powys Local Access Forum.
The Chair welcomed Mr Graham Taylor, Chair and Ms Gail Jones, Vice Chair of the Powys Local Access Forum. Mr Taylor highlighted various aspects of LAF’s 2023-24 Annual Report including the following: · LAF had advised NRW that it did not support a new National Park covering part of north Powys. · the Forum is pressing the Council to address the parlous state of Rights of Way in Powys. There are approximately 10,000 outstanding issues, although this may be an underestimate as not all issues are reported. In 2023/24 1538 new problems were reported and 257 were addressed. This is in stark contrast to the Bannau Brycheiniog National Park, which in the same period had 407 reported problems and 497 had been dealt with. So there is a two tier system in Powys where Rights of Way are in good condition within the National Park area and in the rest of the county the opposite is the case. · The National Park does make use of volunteers to undertake repairs and the Forum is therefore encouraging the County Council to use its volunteers in such a way. The Forum has regular feedback from volunteers that they do not feel they are being fully used. · The Forum is also pressing the Council to persuade landowners to discharge their responsibilities for maintaining the Rights of Way over their land. · LAF is pressing the Council to deal with the longstanding problems with Monks Trod, the Glasbury canoe launch site and Moelfre City. Mr Taylor expressed the Forum’s thanks to the small and dedicated Countryside Services Team. He commented that they provide professional expertise and knowledge but have limited resources to look after rights of way in Powys. Councillor Gareth E Jones also thanked the Countryside Services Team for its work. He also thanked Mr Taylor and Miss Jones for their work with the Forum. He considered that investment in rights of way would impact on the wellbeing of people and could help to reduce the costs in other service areas such as social services. He also advised that if energy parks are developed the County Council should push for funds from any community benefits to be invested in the rights of way system. In response to a question Mr Taylor advised that wherever possible stiles are replaced with gates which are more accessible for people with disabilities or people with visual impairments. He considered that it would be unlikely that any new resources would be available for rights of way if a new National Park was created taking in part of north Powys. In response to a question the Professional Lead - Countryside Access & Recreation advised that the Team does work closely with the Active Travel Team. There are a number of cycle routes that make use of public rights of way but the Active Travel funding has quite strict geographical limitations at the moment. The Team is also working with Sports Development colleagues to provide information on walking routes, on the Lets Go Powys website that they have developed. Mr Taylor highlighted the following issues which the Council might consider: · The Local Development Plan - as this is developed, it makes better provision in it for protecting and enhancing access to the countryside. The Forum has already made comments on the plan but would welcome further discussion as the plan is developed. · The Marches Forward Partnership – this is likely to attract resources for green tourism. There has been some limited consultation with the LAF but it would like more involvement. · Sustainable Powys - the Council should think about how this new configuration can work for rights of away in not only maintaining them but also discharging the Council’s statutory responsibility to protect them. In addition, how public transport fits in with Sustainable Powys and how we make it easier for residents to access rights of way without jumping into a car. · Focus on improving access for residents who currently have the least access to the countryside including those are affected by deprivation, with mobility and sensory issues and disabilities etc. · Review of the rights of way improvement plan 2018 - 2028 – there should be an independent survey of the state of the rights of way, so that there is a better understanding of where geographically the problems are and type of problems. The Forum considers that the Council needs to commit to a five-year programme and commit to 50% all rights of way to be open and easy to use. He advised that in 2007 Rights of Way Improvement Plan a survey showed that 46% of the rights of way were open and easy to use. In 2018 a survey showed that only 36% were open and easy to use. When looking at comparative data with other local authorities Powys is always in the bottom 2/3 of percentage of footpaths open and easy to use. In addition, it is a statutory responsibility of the local authority to put up a signpost where a footpath joins a road. Feedback shows from the Ramblers that people don't come to Powys because they cannot find their way on the footpath network. · Proposed new National Park – the Forum will continue to lobby against the establishment of a new National Park. · Renewable energy providers - it is important that there are early discussions with these providers on how community funds can be used to make improvements to rights away in the areas where new energy parks may be developed. · Sustainable farming scheme – the Forum asks the Council to press the Welsh Government to secure cross compliance i.e. that when an annual assessment is made about the subsidy level for each farm, an assessment should be made about the extent to which they're discharging their responsibilities for the gates and stiles and removing of vegetation on footpaths. If they're not discharging those responsibilities, there should be some sort of financial penalty, as happens in England. In addition, it is proposed that landowners should be paid for improvements to rights of way on their land and this is welcomed. · Council owned land and property – an audit should be undertaken of rights of way and the Council should discharge its responsibilities for its land. · Develop campaigns to encourage responsible use of the rights of way especially keeping dog under control. · Improving the rights of way – use transformation funds to make changes rather than doing the same things all over again and hoping for a different result. The Council should apologise to the younger generation about the state of the rights of way and commit to getting 50% to be open and accessible within five years. He commented that in the public survey undertaken for the Leisure Service Review, the top choice for people wishing to keep fit and active was walking/hiking at 61%. In response to the question of the Professional Lead - Countryside Access & Recreation advised that they are working very closely with the Economy and Climate Service to work on environmental investment and looking at investment for the future, while recognising the extreme pressure on Council and central government finances. In terms of the Byways Open to All Traffic [BOAT] she appreciated that it is a contentious area, but ultimately, these are highways. They are open to all users, including those in motor vehicles, and we do need to be mindful of in the way that we manage them, as the Council has a statutory duty to assert and protect the enjoyment of all lawful users, as opposed to unlawful activity. She also thanked the volunteers in giving their time and their support is hugely beneficial to the service. There are plenty of challenges moving forward. The Chair thanked Mr Taylor for his report and for him and Miss Jones for attending the meeting.
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