Council wants more money to monitor major planning projects

More funding needs to come from the Welsh Government to allow Powys planners to deal with ongoing monitoring work that comes with Developments of National Significance (DNS) a senior councillor has said.

At a meeting of Powys County Council on Thursday, July 11, cabinet member for planning, Liberal Democrat Cllr Jake Berriman made the comments while addressing a question from a member of the public on planning enforcement..

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Major energy infrastructure proposals in Powys such as windfarms are dealt with by Welsh Government planning inspectors at PEDW (Planning and Environment Decision Wales) which means that the council as are not a decision maker.

Powys council feed into the process by producing a Local Impact Report (LIR) for which they are paid a fee of £7,500 if it is produced on time.

The LIR gives the authority a chance to outline the potential effect of the development on the area and also put forward the planning policies that the inspector should consider when evaluating the project.

After a DNS application is approved responsibility falls back on the council to ensure that any planning conditions placed on the development are complied with.

The question in relation to the Hendy windfarm near Llandegley which was rejected by the council but approved by the Welsh Government rural affairs minister in 2018 following an appeal – a further legal challenge against the proposal also failed.

Under the rules for this part of the meeting Jenny Chryss was allowed to ask an extra question in response to Cllr Berriman’s written answer to her original question

Ms Chryss said: “Reasons given on the council’s website for enforcement action being expedient include that a breach has created demonstrable harm.”

She explained that one of the conditions for Hendy windfarm is that it should have produced a “secure electricity export plan.”

Ms Chryss said that as this had not been done the windfarm has been “sitting idle” for several years, the condition had been breached and “no enforcement action taken.”

Ms Chryss said: “I’m pleased to hear of the appointment of enforcement officers does this mean we can have faith that Powys LPA (local planning authority) will robustly enforce conditions associated with future DNS applications.”

Cllr Berriman said: “There were 51 planning conditions attached to the application,

“The Hendy case is right and appropriate for us to consider.

“It is a stark reminder of where what might be in the future with DNS applications.”

He said that now the council had dedicated planning enforcement officers action would be: “more robust than we’ve been in the past.”

And that the council would investigate “any” breach of planning control “wherever” that happens.

Cllr Berriman said: “What is quite frustrating to us as a planning authority is that the planning fee goes elsewhere, but we have the legal obligation to pursue at our cost proper planning enforcement.”

“We won’t shy away from that, but we are certainly encouraging the Welsh Government that we are properly recompensed financially for the additional resource that goes with monitoring applications that have been dealt with through PEDW.”

The written question that had been originally submitted by Ms Chrys was: “Can the council guarantee that in its role as the local planning authority it will rigorously enforce all conditions attached to DNS applications for wind turbines in Powys, as is a legal requirement?