Land around a former shop near Machynlleth is set to be struck off the commons register after a challenge against it was partially successfully.

At a meeting of Powys County Council’s Planning, Taxi Licensing and Rights of Way committee on 14 May an application came before councillors to strike off 0.015 hectares of common land off the register at Rhiwlas House, Melin Byrhedyn.

The registration of the strip as common land was formalised in 1970, and had remained it ever since.

It was claimed the land had been wrongly registered.

Registration and definitive maps officer, Claire Lewis said the hardstanding area immediately in front of the “western facade” of Rhiwlas House was common land, but has been used as a forecourt and access point to the shop since the 1950s.

Mrs Lewis said: “Indeed the shop at Rhiwlas House which has been in use for over 55 years could not have functioned unless this strip of land had been used on a daily basis for customers and commercial deliveries.”

She added that the Open Spaces Society in their submission had “conceded” that the garage and forecourt “satisfy the test” of having been curtilage of Rhiwlas House at the time of registration.

But there were issues with some parts of the application site around the house which are out of the couple’s ownership.

They believed that piece of land towards the back of the site, and the strip of grass between it and the main road – should not be struck off.

Mrs Lewis said: “Having regard to all the information put forward on the balance of all probabilities only part of the application land satisfies the criteria as a mistaken registration.”

Councillors voted to de-register the house forecourt and garage, but not the other portions of the application.