LAND around a former shop near Machynlleth is set to be struck off the commons register after a challenge against it was partially successfully.
At a meeting of Powys County Council’s Planning, Taxi Licensing and Rights of Way committee on Wednesday, May 14 an application came before councillors from Mr R and Mrs E Lamb of Rhiwlas House, Melin Byrhedyn to strike off 0.015 hectares of common land off the register.
Melin Byrhedyn is a hamlet around four and half miles to the southeast of Machynlleth.
The registration of the strip as common land was provisionally made on June 19, 1968, was formalised on October 1, 1970, and had remained it ever since.
They claimed the land had been wrongly registered.
Registration and definitive maps officer, Claire Lewis said: “The history on Rhiwlas House suggest that the construction date was as early as 1884.”
She explained that the hardstanding area immediately in front of the “western facade” of Rhiwlas House was common land.
However, this narrow strip of has been used as a forecourt and access point to the shop, storage rooms and coach house garage.
Mrs Lewis said: “Indeed the shop at Rhiwlas House which has been in use for over 55 years could not have functioned unless this strip of land had been used on a daily basis for customers and commercial deliveries.”
Evidence from previous residents of the house confirmed that it had been used by the shop in the 1950s.
She added that the Open Spaces Society in their submission had “conceded” that the garage and forecourt “satisfy the test” of having been curtilage of Rhiwlas House at the time of registration.
But there were issues with some parts of the application site around the house which are out of the couple’s ownership.
They believed that piece of land towards the back of the site, and the strip of grass between it and the main road – should not be struck off.
Mrs Lewis said: “Having regard to all the information put forward on the balance of all probabilities only part of the application land satisfies the criteria as a mistaken registration.”
Mrs Lewis’s recommendation came in two parts – firstly to de-register the house forecourt and garage, but not the other portions of the application.
Seperate votes would take place on both recommendations.
Committee vice-chairman Cllr Adrian Jones (Conservative) asked: “Are they happy with that?”
Mrs Lewis said: “They applied for the larger area, but the Open Spaces Society raised concerns, they received the comments and decided not to provide counteractive evidence.
“It is my understanding they are content with the recommendation.”
Cllr Angela Davies (Liberal Democrat) said: “The question remains there would have to be something there to allow locals to use the post box.”
Mrs Lewis said it would be unlawful to “fence off the post box.”
The first vote to strike off the house forecourt and garage which was supported by 12 councillors with one abstaining.
On the second vote to strike off the contentious areas identified by the Open Spaces Society; all 13 councillors voted in line with officer recommendation to refuse it.
