AN APPEAL against the refusal by Powys planners to change and delete planning conditions to investigate a site near Welshpool for land contamination issues, has been partially upheld by a Welsh Government planning inspector.
The decision notice by planning inspector Richard Jenkins for the appeal by Ceri Ellis-Jones of Prestbury House, Pool Quay was before councillors at a meeting of Powys County Council’s Planning committee on Thursday, September 19.
In December 2020, Mrs Ellis-Jones was given planning permission to change the use of land and for it to be added to the house’s curtilage.
This is so she could build a double garage, with home office and gym above it as well as moving the existing gateway to improve access, and other works at the site.
Conditions placed on planning permission are usually expected to be fulfilled before building work can start.
In March 2021, Mrs Ellis-Jones lodged a further planning application to vary condition five and remove conditions six and seven.
These were to do with investigating the land for any contamination and providing a remediation scheme to deal with any issues found: reporting on the effectiveness of dealing with any land contamination problems, and that long term monitoring takes place at the site.
Mrs Ellis-Jones wanted to “discharge” condition five which was to provide a “detailed remediation scheme.”
This would need to be submitted and approved in writing by the Powys planners.
She believed the other two conditions were “unnecessary and disproportionate.”
A remediation scheme was provided but the council’s contaminated land officer, Dave Jones lodged an objection to it due to “outstanding issues.”
Eventually in November 2023 the application was refused.
Last March, Mrs Ellis-Jones appealed the decision and provided a detailed 18 page statement arguing her case.
Essentially, she believed that the council had wrongly concluded that the conditions were “true” precedents and needed to be completed before the development could be built.
Mrs Ellis-Jones also pointed out how slow the process had been and claimed they had, “abused their power and acted unreasonably” in their handling and decision of the application.
In defence of their decision, Powys planners said that the applicant had been given a lengthy amount of time to provide the relevant information.
They also point out that the development has been built anyway showing a “blatant disregard” for those conditions.
The council said: “No new information has been submitted that would persuade the Local Planning Authority to alter its stance.
“It is requested that this appeal be dismissed.”
During the appeal process the remediation scheme for the site was approved by the council – which left the two outstanding conditions to be decided.
Mr Jenkins visited the site in June.
Mr Jenkins said: “The development of the site had clearly commenced by the time I undertook my visit.
“However, whether such works are lawful is not a matter for me to determine in this appeal.”
On the verification report Mr Jenkins said: “Without a report, there would be no requirement to demonstrate the effectiveness of the remediation works.
“I therefore find that condition is both necessary and reasonable.”
On the ongoing monitoring condition Mr Jenkins said: “The council has confirmed that condition seven could be removed from the permission as it is not relevant to this application.
“Indeed, the council concedes that it was an error for such a condition to be imposed on the planning permission.”
“I conclude that the appeal should be allowed, but only insofar as it relates to the removal of condition seven.”
The report was noted by councillors.
