Planning appeals ‘not being defended’

It follows a successful appeal by Mr Parry, of Butler Wall Homes, against the decision of Powys County Council’s Planning Committee to limit a development at Cefn Llan, Llangammarch Wells, to 16 homes.

The application discussed at a planning meeting in July 2018 was to discharge conditions for the land so the developer could start the building project. Councillors had refused the application believing it to be too big for Llangammarch Wells.

Defending the appeal, officers had sent scant information – only a paragraph from the meeting minutes noting the decision – were sent to the Welsh Government planning inspector, the meeting heard.

Councillor Kathryn Silk (Liberal Democrat – Bwlch), said: “It’s really disappointing to see the authority has not defended a decision of the committee.

“The reasons that were put forward were accepted by planning officers.”

Councillor Silk asked whose decision it had been not to defend the appeal, adding: “and added that if decisions were not defended properly by officers, or councillors who took the decision were not given the opportunity to explain their decison to defend themselves then.

“I have to wonder why we have a planning committee at all,” said Councillor Silk.

Delegate

Councillor Silk added: “If we are just go along with the views of the planning officers, and when we oppose that view we are unable to defend ourselves, actually what’s the point of having us?

“We might as well just delegate everything to the officers. Why do we exist?”

Permitted development manager Peter Morris replied: “When we have an appeal that paperwork comes to us. We would go to the officer who handled the planning application to put a statement forward to defend the council’s decision.

“My observation on this one is, that we did not defend it strongly enough and there’s a lesson that I need to deal with.

“There’s still a lesson from the actual decision but that’s separate and to do with understanding the LDP (Local Development Plan) density requirements.”

“The procedural side, we could have defended it stronger.”

Planning inspector Richard Jenkins explained in his decision that the principle for development at the field on the outskirts of Llangammarch Wells had been accepted when it was adopted in the 2001 – 2016 Unitary Development Plan (UDP).

The Local Development Plan (LDP) adopted in 2018 had identified the need for around 16 homes at the site – but Mr Jenkins agreed with planning officers’ advice to councillors that this was “only a guideline”.

This is because the LDP wants to see a building density of 20 to 25 homes per hectare, and Cefn Llan is around 1.5 hectares.

“I find the principle of development proposed to be both acceptable and consistent with the outline consent,” said Mr Jenkins.

Developer, Mr Parry, has made a separate application for the award of costs against the council.