Developer fails to overturn Powys decision
By Elgan Hearn, Local Democracy Reporter
The application by David Davies of Ashvale Construction Limited to develop land next to Maes Offa was refused by Powys County Council planning officers in April last year.
Ashvale wanted to build four detached dwellings with double garages at the site. The approval of an outline planning application in 2021 had established the principle of developing the site.
But Powys planners explained that their reasons to refuse the application included the failure to provide affordable housing there to comply with policy.
In the appeal, Head Planning on behalf of Ashvale argued that the developers did not need to provide affordable housing on the site.
This detailed proposal was smaller than the outline plans and one house short of the five which triggers the need to have an affordable dwelling as part of the scheme.
But an embankment used as a sound barrier covers a total area of 518 square metres, taking the site over the affordable housing threshold.
Head Planning argued that this 518 square metres should be taken out of the site area calculation for affordable housing.
They also said that Ashvale had received planning permission last September to build eight homes on land next to Penyfoel Farm in Middletown.
Two of these dwellings would be affordable homes and Head Planning said that this could be a “trade off” against the requirement for affordable housing at the Four Crosses site.
Planning inspector Chris Sweet visited the site earlier this month before coming to a judgment, and said: “I am not persuaded that the embankment should be excluded when applying the threshold set out in policy H5. Neither policy H5 nor the council’s affordable housing supplementary planning guidance refer to exemptions for site features such as the
embankment when calculating site area.
“Based on the submitted plans, the acoustic barrier is also required to accommodate the proposed dwellings and associated outdoor amenity space.”
Turning to the options that affordable homes in Middletown should replace the expectation of one in Four Crosses, Mr Sweet said: “I have no substantive evidence to demonstrate that those contributions have been accepted by the council as being in excess of relevant policy requirements, or that they have been secured in any way.”
He adds that the policy makes it “clear” that off-site affordable housing provision can only be considered where it can be “demonstrated” that it cannot be done on the site.
Mr Sweet said he had not received evidence to back up this argument.
Mr Sweet added: “Having had regard to all other matters raised, I conclude that the appeal should be dismissed.”
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