Councillor’s house restriction case deferred

By Elgan Hearn, Local Democracy Reporter

An application to remove an occupancy restriction which could add more than £115,000 to a councillor’s house has been deferred.

At Powys County Council’s planning committee meeting councillors decided that they would postpone the decision so that more information on market prices can be gleamed.

The application had been submitted by Dai Davies, the Independent County Councillor for Berriew.

He wants to take away an occupancy restriction condition, known as section 73, from the dwelling called Maes y Nant (pictured), which is a four-bedroom detached dwelling two miles north-west of the village.

The house was built as an “agricultural dwelling” after being given permission in 2005, which means that the occupier should solely or mainly be employed in agriculture or forestry. In 2009 consent was given for a double garage.

Councillors were told by planning officer Bryn Pryce that the house had been on the market from November 2016 to June 2018 when the application to remove the restriction had been made.

He said that the house had been for sale at £235,000 with the occupancy restriction.

The market value in the area showed that similar houses without the restriction were priced at £350,000.

Planning officers told the committee that by putting the house on the market for 70 to 75 per cent of its value, Cllr Davies had answered the test that would allow the restriction to be removed.

The committee was also told that there had been interest in the house, but no viewings due to the occupancy restriction.

Cllr Kathryn Silk said: “Without the condition, permission would never have been given in the first place. This is supposed to be affordable in-perpetuity.

“It’s not at the price it’s being marketed, if the applicant chooses to build the property to a scale and design making it unaffordable, then he should take the hit.”

According to officers, Welsh Government Acceptable Cost guidance figure for an affordable self-contained unit in the area of the dwelling for a six person, four-bedroomed house is £192,000.

Cllr Roger Williams believed that affordable housing for agricultural workers should be based at £125,000 which is five times the average wage of £25,000.

Cllr Huw Williams said: “You only have a valuation report from one estate agent which affects the affordability. There are other estate agents.”

Welshpool councillor Francesca Jump added: “I’m very uncomfortable, the public perception is going to be that we are giving a councillor a blank cheque.”

But others believed that the committee should approve the application.

Forden councillor Linda Corfield pointed out that the application would have been decided by officers under delegated powers if the applicant had not been a county councillor.

Planning committee solicitor, Colin Edwards, said: “My concern is that I have not heard one valid planning reason to refuse this that would stand up if this goes to appeal. It would be granted and costs awarded against us, and that’s my concern.”

It is expected that the application will return to committee with the new information soon.