Occupancy restriction removal at Trenewydd, Felindre, Knighton

“Application Type: Removal/variation of conditions…”

“Proposal: Section 73 application to remove condition 2 of planning permission R1117/C (occupancy restriction)”

“R1117/C approves the reserved matters in respect of outline application R1117/B for erection of farm dwelling house, 10 th February 1978”

“20/0248//REM - Section 73 application to remove condition 7 (agricultural tie) attached to planning approval R1117B. Withdrawn…”

“Once outline planning permission has been granted, it cannot be withdrawn except by a revocation order under section 97 of the Act, and any subsequent approval of reserved matters does not constitute the granting of a further planning permission. Any conditions relating to anything other than the reserved matters should be imposed when outline permission is granted.”

“R1117/C relates to the reserved matters application, following the granting of outline consent for the erection of a dwelling under R1117/B. R1117/C is not a planning permission in its own right, and the imposition of condition 2 (the occupancy restriction) upon it is not considered to meet the necessary tests of the aforementioned Circular, given that it does not relate to any of the reserved matters which were being sought consent under the application.”

“With reference to the above planning application the Company's observations regarding sewerage are as follows: Condition 2 appears to relate to occupation of the dwelling which doesn't have any bearing on drainage. If this does relate to drainage, please provide the relevant plans/documentation so we are able to submit accurate comments. If this does not relate to drainage in any way, then we have no comment to make.”

“Beguildy Council recommended refusal of this application…”

“Following the display of a site notice on 15/05/2026, no public representations have been received at the time of writing this report.”

“The Planning Officer advised that, although the application concerned the same occupancy restriction as a previous application, the circumstances were different. As a reserved matters consent is not a planning permission in its own right, any conditions attached to it must relate to the reserved matters being approved. As the occupancy restriction did not relate to any reserved matters, it should not have been attached to the consent.”

“It was moved and duly seconded to approve the application as recommended by the Officer. RESOLVED: Reason for decision: That the application be granted consent, subject to the conditions set out in the report which is filed with the signed minutes. As Officers recommendation as set out in the report which is filed with the signed minutes.”

“RESOLVED: Reason for decision: that the application be granted consent, subject to the conditions set out in the report which is filed with the signed minutes.”