By Elgan Hearn, Local Democracy Reporter
Deliberations have started on an application to turn a patch of land at Aberhafesp into a village green.
This morning (Thursday, October 11) members of Powys County Council’s planning committee heard closing arguments by applicant Richard Amy and objector and landowner Adam Davies.
The parcel of land under consideration is surrounded by the Hillcrest housing estate and is an area of 0.32 acres.
To succeed the application needs to show that the land has been used “as of right” by Hillcrest residents and that it has been used for 20 years for lawful sports and pastimes.
Mr Davies confirmed that he had outline planning permission to build three plots on the green and one nearby which had full permission on a plot known as “number 12”.
He went on to say that while regular grass cutting had once taken place, this had dwindled and that his father and brother had cut it three or four times a year.
“Nowhere near enough, it needs to be cut at least every two weeks or it will grow a couple of feet long, at times it was three or four foot high making it impossible to play there,” said Mr Davies.
Mr Davies added: “The only reason these plots have not been built on is due to the existing sewer not being able to take any more properties.
“Severn Trent have expanded this which allowed my father and uncle to get planning permission back on the three plots of which we have outline planning.”
“And now this absurd attempt to claim it’s a village green has cost me personally in the region of £10,000 in solicitor’s fees.
“As a builder myself I was looking to develop the three plots and follow in my Dad’s and uncle’s footsteps.”
In his closing argument, Mr Amy said: “The Act does specify that the use of land must be continual for 20 years.
“It does not specify it has to be used every day or every week.
“There were no fixed annual events, they were spontaneous and occurred in the summer.
“We have had gatherings for royal occasions and to fundraise for the defibrillator.
Mr Amy added that there had been much questioning during cross-examination of witnesses about names of children to confirm that they lived at Hillcrest.
“It’s very difficult to remember who moved in or out of Hillcrest but if you see a child going into the same house regularly for month or two you can be sure you live there.
“I list 25 families with 57 children have lived on the estate over the years.”
Mr Amy continued: “Permission to play there was never sought and there was no sign that the landowners objected. Over 20 years I estimate children will have played there on 65 to 70 per cent of the days.”
“At the time of the application, there were 45 people living at Hillcrest, six of them children.
“They are not the only ones to use the green but the most frequent.
He went on to ask the committee members to think of the children when making their decision.
Planning committee chairman, Cllr Karl Lewis closed the meeting and said: “The decision will be made in eight weeks time and will go out in the post to the applicant and the objector.”
Photo: Hillcrest in Aberhafesp
