ENCLOSURE 5 MINUTES OF BRECON BEACONS NATIONAL PARK AUTHORITY PLANNING, ACCESS AND RIGHTS OF WAY COMMITTEE HELD AT PLAS Y FFYNNON, CAMBRIAN WAY, BRECON ON TUESDAY, 13 th MARCH 2012 PRESENT Powys Cllrs E Morgan (Chairman), J Steadman, Mrs K Silk, M Jones, G Ratcliffe Carmarthenshire Cllrs H Morgan, Mrs H Wyn Monmouthshire Cllrs A James, E Saxon Merthyr Tydfil Cllr A Barrett Torfaen Cllr T Huish Blaenau Gwent Cllr L Elias Rhondda Cynon Taff Cllr Mrs J Ward Members appointed by the Welsh Government Mrs J James, Mr M Buckle, Mrs C Howell, Prof A Lovell, Ms M Doel, Mr E Evans, Mr I Rowat 1. Apologies Apologies for absence were received from Cllrs K Pathak, M Weale, Mrs M Underwood 2. Chairman's Announcements 1. The Chairman informed Members of the serious accident that Kathy Jenkins (one of our Enforcement Officers) had been involved in. Kathy is the Intensive Care unit and Staff are supporting both her and her parents whilst there are some indications that Brecon Beacons National Park 1 13 th March 2012
progress is being made, recovery will be a long process. Support had been offered to staff by the Chair of the Authority and the Chief Executive. The Chairman wished her a speedy recovery adding that a card is being circulated for Members to sign. 2. The Chairman clarified the position with regard to the additional PAROW meeting being arranged for Monday, 26 th March. He explained that this date already been scheduled for the Further Improvement Plan site visits but as there were two planning applications which needed to be decided before the end of March, he decided to hold an additional PAROW meeting that morning. Given the fact that one of the planning applications being presented would be the Gypsy Traveller site, the Chairman emphasised the importance for as many Members as possible to be present at this meeting as the Powys Members would not be able to take part in that discussion. The Further Improvement Plan site visits will now take place in the afternoon and the developments being visited are - The Old Police Station, Lion Street, Brecon - The Bird Hide at Llangorse Lake 3. Declarations of Interest Name Enc No No Nature of Interest Mr I Rowat 5 Item 1 Member of the Open Space Society Personal interest 4. Minutes The Chairman was authorised to sign the Minutes of the Brecon Beacons National Park Authority Planning, Access and Rights of Way Committee held on 31 st January 2012 as a correct record subject to substituting the word filing for filming in the first line of the second paragraph on page 6. ACCESS AND RIGHTS OF WAY 5. Item 1 Application for a Public Path Extinguishment Order Public Footpath No 23 in the town of Hay on Wye The application for the extinguishment of the public footpath was brought to Committee as whilst there was no formal objection from Hay Town Council, the Director of Countryside felt it prudent the matter be brought before Members. Officers presented the report to Members. 1. That the application to extinguish public footpath no. 23 in the town of Hay on Wye be approved and that the Solicitor be instructed to make an order under section 118 of the Highways Act 1980. Brecon Beacons National Park 2 13 th March 2012
2. That an order be made subject to the applicant reimbursing all the Authority s costs in accordance with the Authority s policy concerning the recovery of costs for public path and rail crossing orders. 3. If no representations or objections are duly made to the order during the statutory objection period, or if any so made are withdrawn, that the Solicitor be authorised to confirm the order as an unopposed order. Proposed by Cllr G Ratcliffe Seconded by Cllr Mrs J Ward Item II Minutes of the 3 rd BBNP Local Access Forum Meeting held on Thursday, 20 th October The above Minutes were noted by Members PLANNING 6. Members made the following decisions on planning applications before them (all permissions being subject to conditions and agreements recommended unless otherwise stated and refusals for the reasons recommended):- Item No. Description 1. 11/07249/FUL - 1. Works to extend the existing farmhouse, 2. Construction of a garage, 3. Conversion of existing agricultural building into 2 holiday lets (including change of use), 4. engineering works to create level areas including construction of gabion retaining walls and to control drainage through the site 5. Landscape works to integrate the development into the landscape at Tylegarw, Heol Senni, Brecon A presentation was made to Members by the Case Officer Kate Edwards who recommended ting the application Proposal: The Officers referred to one of the paragraphs on Page 19 of the report It is considered that the requirement of three en-suite bathrooms and a fourth washroom facility at ground floor level are not material planning considerations of sufficient weight to justify a rear extension of the scale proposed. The Case Officer wished Members to note this comment was not relevant because en-suite bathrooms are not material planning considerations. Proposed by Cllr H Morgan Seconded by Mr M Buckle 2. 12/07628/FUL Installation of ground source heat pump at Y Grithig, Penycae, Swansea A presentation was made to Members by the Case Officer Kate Edwards who recommended ting the application Brecon Beacons National Park 3 13 th March 2012
28/2/12 Letter from Powys County Council with the request that a condition be imposed if evidence of contamination is found on the land. 6/3/12 Letter from the Countryside Council for Wales stating they do not object to the proposal. Proposal: Proposed by Cllr J Steadman Seconded by Cllr L Elias 3. 12/07636/CON - Variation to condition 2 of planning permission 11/07233/FUL to allow for cladding of new extension in larch. To change finish of new extension from painted render to horizontal larch cladding at Y Grithig, Penycae, Swansea A presentation was made to Members by the Case Officer Kate Edwards who recommended ting the application Proposal None Proposed by Cllr J Steadman Seconded by Cllr L Elias 4. 11/07421/FUL - Installation of 12.5m O2 slim line column accommodating internal antennae together with three equipment cabinets within a timber post and rail fenced compound at land south of Greenfield Industrial Estate, Forest Road, Hay on Wye. A presentation was made to Members by the Head of Development Control on behalf of the Case Officer, who recommended ting the application None Proposed by Cllr L Elias Seconded by Cllr E Saxon 5. 12/07619/FUL Partial demolition of rear lean to dwelling, erection of two storey extension to dwelling at Tylebrithos, Cantref, Brecon A presentation was made to Members by Lloyd Jones on behalf of the Case Officer, who recommended ting the application Brecon Beacons National Park 4 13 th March 2012
Proposal: The Case Officer pointed out that the wording in the recommendation was incorrect and should read Proposed by Cllr L Elias Seconded by Cllr G Ratcliffe 6. 11/07511/CPL Fenced in Met Office weather station at The National Park Visitor Centre, Libanus, Brecon A presentation was made to Members by the Case Officer, Ryan Greaney, who recommended ting the application The application was for a Certificate of Lawfulness. Officers advised that the proposed development falls under the classification for works required on Crown land; therefore it is considered that planning permission is not required for the erection of the equipment. The report was for noting. Members noted the report 7. 11/07528/FUL Application to retain upgrading works to the existing farm access track and to enable the completion of the works by laying scalpings to the track surface together with soiling and grass seeding of exposed hardcore sub base edges at Tyr Yr Onen, off A4059 Penderyn Road, Aberdare A presentation was made to Members by the Case Officer, Jon James, who recommended ting the application Proposal: None Proposed by Cllr Mrs J Ward Seconded by Cllr H Barrett 8. 12/07603/FUL Replacement of existing cottage with new dwelling at Brook Cottage, Ffawyddog, Crickhowell A presentation was made to Members by the Case Officer, Ryan Greaney, who recommended ting the application 24/2/12 Letter from Llangattock Community Council reiterating their views that the proposed replacement dwelling is somewhat smaller than the original application and still think it is inappropriate in the context of the traditional dwellings on the Ffawyddog. Brecon Beacons National Park 5 13 th March 2012
NP Ecologist the details requested in relation to tree protection have now been submitted by the applicant who confirms that the tree roots will not be affected by the proposed development, therefore the NP Ecologist has no objections. Proposal: Proposed by Cllr L Elias Seconded by Cllr H Morgan 7. Delegated Applications, Agricultural Notifications, Fringe Applications and IPC Consultations Appendix I Applications deleted to the National Park Officers The report was noted Appendix II Agricultural Notifications received by the National Park Officers The report was noted Appendix III Fringe Applications delegated to the National Park Officers The report was noted 8. Summary of Appeals The report was noted. 9. Development Control Related Matters Item I Prioritisation of Filming Projects within the National Park The Head of Development Control gave a brief presentation. After discussing the principle of the report, Members suggested that a Working Group be set up to look at this in a more encouraging way so that we strive to be a more enabling Authority, also suggesting that we look at the procedures carried out by other National Parks. It was therefore proposed that this matter be deferred and that a Member/Officer Working Group be convened and that a further report be brought back to the next PAROW Meeting. Proposed by Mr M Buckle Seconded by Mrs J James It was agreed that the following Members sit on the Working Group Cllr E Morgan Mr M Buckle Mr I Rowat Ms M Doel Brecon Beacons National Park 6 13 th March 2012
It was agreed that Officers should decide which of them will be on the Group. Item II Call for Evidence Towards a Welsh Planning Act: Ensuring the Planning System Delivers Subsequent to the draft response being forwarded to the Welsh Government, the Director of Planning advised that he had received an invitation from John Davies to give oral evidence. Officers did contribute to the 3 Parks and POSW response and added that the draft response attempted to set out the proposals of the National Park and to persuade the Panel to be more focused in terms of land use planning for National Parks. The Director of Planning did not know what the next steps would be but in any event would endeavour to update Members. Item III Planning and Enforcement Performance Report The report was noted, the Chairman thanked Officers and their support team for the work they had undertaken. Item IV Policy Issues Officers reported receipt of the following consultations - Planning for Sustainability The Presumption in favour of sustainable development this is a consultation on changes to national policy in Planning Policy Wales for clarification of the presumption in favour of sustainable development. The closing date for consultation is 25 th May 2012. Members suggested that a response be submitted whether it be individually or with other Park Authorities or through POSW. An item would be placed on the next PAROW Agenda, the Director of Planning advising Members that if they wished to make any comments on the consultation, they would need to access it via the Welsh Government s website. - National resources Wales Proposed arrangements for establishing and directing a new body for the management of Wales natural resources. The closing date for consultations is 2 nd May 2012. Officers stated that whilst this is not directed to planning it will have an impact. The consultation proposes creating a single body bringing together the functions of the Environment Agency, Countryside Council for Wales and Forestry Commission. Item V LDP Update Officers advised that the Inspector is holding a public Exploratory Meeting on the 22 nd March where the Inspector will be asking questions of the Authority, also invited are representatives of Welsh Water. Officers do not know the exact format of the session but Members have already received copies of the questions. Also forwarded was a second set of issues. Officers advised that the Inspector will expect an indication of how the issues will be dealt with. At the last PAROW meeting, the Deputy Chair of the Authority asked Members for a copy of the timetable, unfortunately this no longer exists and we will have to wait until after the Exploratory meeting. Brecon Beacons National Park 7 13 th March 2012
One Member said he had seen the latest letter from the Inspector and was surprised at the breadth of issues raised so late in the date leading to the Exploratory meeting. The expectation to prepare a response with such a lead in time he said is unreasonable. In the letter from the Programme Officer there was an indication the Inspector might be willing to hold a second Exploratory Meeting, therefore to effectively manage Officers workload, he suggested there might be a case to accept that invitation. Referring to the response, Officers said they had received a letter last Wednesday unexpectedly, there is a degree too much detail in the questions, he said it was difficult for everyone to keep going as we do not know whether this is the end of the questions. The Director of Planning said he would inform the Welsh Government of our complete and utter frustration with the lack of progress. Pre-examination was due to take place on 6 th March with the examination starting on the 17 th. Given the fact that we are not allowed to speak directly to the Inspector, Officers have received a variety of messages via the Programme Officer during the course of the year and have scaled ourselves up to February. Officers felt they have, as far as possible, adhered to the terms of the SLA. Members concurred with Officers information. The Chief Executive Officer felt it important to mention that we have received a number of demands regarding the provision of facilities for the examination which now will interfere with the operational facilities of this Authority mentioning the fact that the Authority we have now received funding for webcasting which we now need to proceed with. Given the delays therefore, we will have to advise the Programme Officer the room will be available as it is, rather than how they want it. The Chief Executive will raise these issues at the Task & Finish Group. Item VI Review of Planning Surgeries The Head of Development Control advised Members that the Authority currently offers three Planning Surgeries in relation to minor and household planning matters in Brecon (every Wednesday) and Llandovery and Abergavenny (on alternate Fridays and Tuesdays twice a month) respectively. As the Llandovery venue is likely to be disposed of in the near future, Officers felt it gave them the opportunity to undertake a review of the Planning Surgeries and bring a report before Members. At present the Brecon Planning Surgery is covered by DC and Enforcement Officers but given the resource issues in Enforcement, they have now been relieved of this duty. It had been thought that other qualified Planning Officers from Strategy & Policy would assist, but those Officers do not have the capacity because of the LDP. There will therefore be some disruption to the Brecon Surgery with possible scaling back from 4.30pm to 2.00pm. Surgeries are organised on an appointment basis with appointments tailing off during the afternoon, however Officers felt the Brecon Surgery should remain open to cover the lunchtime slots which would allow for working people. The Chairman thanked the Officers for this information adding that people do appreciate the Planning Surgeries, but due to the limited Officers especially with S&P being involved with the LDP process, he said it would be advisable to curtail the Brecon opening hours so that the Planning team have the remainder of the afternoon to involve themselves with more urgent and important issues. Scaling back will be for an interim period with a review Brecon Beacons National Park 8 13 th March 2012
and report containing the usage of the Surgeries being brought to Members for their discussion. Item VII Report of the Enforcement Working Group The Authority s Solicitor advised that she had now taking over the management of the Enforcement Department and advised they are looking at the processing of categorising files in order to get a clear picture of how many files there are. She reported that there were - 111 active files - 140 backlog cases - 30 files investigations complete but awaiting prosecution Prof Lovell noted the work the Solicitor had undertaken in the short term and thanked the Members of the Enforcement Working Group for their recommendations. Members would like to work with the Solicitor in coming up with a strategy and work toward ensuring a reduction of cases but that the Authority will need to treat the backlog of cases as a separate issue and consider how to address this. 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 Park 4 of Schedule 12A of the above Act and the public interest in maintaining the exemption outweighs the public interest tin disclosing the information. Item VIII Greystones Motel, Trecastle Members were given a presentation. Members noted the detailed actions to be taken and noted the steps required to remedy the appearance and potentially dangerous condition of the site. 10. Planning Services: Enforcement Action summary 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. Brecon Beacons National Park 9 13 th March 2012
Item I Planning Enforcement Delegated Decision Reports Where no further action is required The contents of the report were noted Item II Planning Services Enforcement Reports seeking authority to commence enforcement action ENF/11/01008/CU - A mobile home (static caravan) has been placed on the land and it has been altered so that it has an element of permanence (a building rather than a mobile home), and is being resided in by two persons who are awaiting planning approval for a dwelling house and garage on another part of the site. Cut and fill engineering operations together with construction of a retaining wall have been carried out. A section of important hedgerow has been lifted and replaced - Land Adjacent To Llangenny Lane, Crickhowell, Brecon That authority is granted to issue an Enforcement Notice under Section 172 of the Town and Country Planning Act 1990 as amended, in order to control this development. The Notice will require the unauthorised residential occupation to cease and the building ( mobile home and additions to it) to be dismantled and removed. The compliance period in the first instance will be six months to allow time for the Section 106 undertaking to be finalised and signed, the Decision Notice to be issued, conditions precedent to be discharged and the development commenced. If the landowners require an extension of time then they will be invited to put forward the reasons and if the LPA considers the additional time period justified we will extend the compliance period to the Enforcement Notice as necessary. It is also recommended that included in the steps required by the Notice will be removal of debris arising from dismantling and removal of the mobile home and additions to it, also reinstatement of any part of the hedgerow alongside the road if disturbed through complying with the other steps required by the Notice. 11. Such other business of a Planning, Access and Rights of Way nature as in the opinion of the Chairman is of such urgency as to warrant consideration None Signed as a correct record Chairman of the Planning, Access and Rights of Way Committee Brecon Beacons National Park 10 13 th March 2012