Posted: Tue 2nd Feb 2016

Planning Inspection /
This article is old - Published: Tuesday, Feb 2nd, 2016

Powys County Council has welcomed a planning inspector’s ruling that enforcement action against an unauthorised Llandegley development was correct. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

The Inspector ruled that the appeal against an enforcement notice issued by the county council for in respect of unauthorised development at Mellowcroft, Llandegley, was only partially successful and that the remainder failed and the enforcement notices upheld subject to variations. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

An application by the appellant for costs against the council for unreasonable action behaviour was also dismissed. The rulings follow an enforcement appeal inquiry including site visit held in October. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Cabinet Member for Planning, Councillor Avril York said: “The Planning Inspector’s decision sends out a clear message that the council’s actions against an unauthorised development Llandegley was absolutely necessary and correct. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

“While the Inspector found certain structures to be immune from the enforcement action taken against unauthorised operational development, these structures would still need to be removed from the site to comply with the enforcement notice served in respect of the unauthorised change of use, as they were constructed with the intention of serving the use of the site as a retreat. In assessing the planning matters, the Inspector found that the proposal would result in a significant increase in risk to highway safety due to the significant shortfall in visibility. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

“The Inspector considered that the appellant’s case for a rural enterprise dwelling met the functional test as set out in national guidance Technical Advice Note 6, however she considered that it failed the time test and financial test, and therefore she concluded that a temporary permission would not be appropriate in these circumstances. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

“She also agreed with the council’s requirement for an otter and a water vole survey to be carried out. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

“The case was lengthy and complex and officers conducted themselves professionally, a fact that is evident with the dismissal of an application made for costs by the appellant on the basis of unreasonable behaviour and causing unnecessary expense,” she added. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

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