Pwyllgor Cynllunio 11/04/2011 Date : Planning Committee

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

DYDDIAD: PWYLLGOR CYNLLUNIO 11/04/2011 DATE : PLANNING COMMITTEE

EITEM CAIS RHIF CYMUNED LLEOLIAD ITEM APPLICATION COMMUNITY LOCATION NUMBER

1 C09A/0410/11/LL Bangor Dickies Boatyard, Ffordd Garth / Garth Road, Bangor 2 C10A/0390/11/LL Bangor Cyn Swyddfa Bost Bangor / Former Bangor Post Office, Deiniol Road, Bangor 3 C10D/0477/38/AM Llanbedrog Toiledau Cyhoeddus / Public Conveniences, Cae Hendy, Llanbedrog 4 C10D/0482/32/LL Botwnnog Nanhoron Farm, Nanhoron, Pwllheli 5 C11/0013/11/LL Bangor Bangor City Football Club, Farrar Road, Bangor 6 C11/0023/39/RC Llanengan Bwthyn Y Ffrwd, Bwlchtocyn, Pwllheli 7 C11/0025/42/LL Nefyn Yarnok, Lon Las, Morfa Nefyn 8 C11/0074/32/LL Botwnnog Nanhoron Farm, Nanhoron, Pwllheli 9 C11/0113/11/LL Bangor Tir ger / Land adjacent Stryd y Deon / Dean Street, Bangor 10 C11/0171/46/LL Tudweiliog Llain i'r Dwyrain o / Plot to the East of , ModurdyGweithdy / GarageWorkshop, Lon Fudr, Dinas, Pwllheli 11 C11/0228/14/R3 Caernarfon Ysgol Syr Hugh Owen, Ffordd Bethel/Bethel Road, Caernarfon

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Number : 1

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Application Number: C09A/0410/11/LL Date Registered: 28/08/2009 Application Type: Full Planning Community: Bangor Ward: Garth

Proposal: DEMOLISH EXISTING BUILDINGS ON THE DICKIES BOATYARD SITE, CREATION OF NEW VEHICULAR ACCESS AND THE ERECTION OF 72 RESIDENTIAL UNITS Location: DICKIES BOATYARD, GARTH ROAD, BANGOR, GWYNEDD

Summary of the TO DELEGATE POWERS TO APPROVE SUBJECT TO SIGNING A Recommendation: 106 AGREEMENT .

Following discussions on the application at the meeting held on 7 February, it was resolved to defer the decision in order to allow time for further discussions with the developer in relation to relocating the vehicular access of the proposed estate from the proposed location on Garth Road to Beach Road.

Meetings were held to discuss this matter between the authority and the developer, where it was acknowledged that a second access was likely to be acceptable. Before accepting this, the applicant required legal confirmation that the authority did own the land that would be used to undertake any changes in creating the access. This land has a complicated and historical background in relation to its ownership, and although there was no doubt after the Council’s property unit looked into the matter, that it was the Council that owned the land in question, it was not possible to have legal confirmation of this for the developer at the time of writing this report. Therefore, an email was sent by the developer insisting that the application be resubmitted to the committee in its original form, namely, with the vehicular access located at Garth Road.

Description: Full application for planning permission to demolish buildings and clear the site, create a new vehicular access, erect 72 residential units and associated works including the creation of an estate road and parking spaces, installation of services, landscaping etc.

The site lies within the development boundaries of Bangor city, which has been designated a subregional centre in the Gwynedd Unitary Development Plan (July 2009) and in a prominent location adjacent to one of the main roads into the city (the A5 or Beach Road) and verges onto a part of Hirael Bay, within the area known as Garth.

Garth Road runs along the western boundary of the site with residential houses and a medical centre nearby, also there are other residential houses and a public house situated adjacent to the northern part of the site. A petrol station and social club lie on the southern boundary of the site whist Lôn Glandŵr, which is a recognised byway, runs along Beach Road and along part of the site towards the Glandŵr houses to the north of the site.

The site has been used as a commercial boatyard for an extensive period, this use has now ended and both the buildings and the site itself remain dormant.

The plans included with the committee report show the proposed development, and it can be seen from these details that the scale of the units varies between 2/2½/3 floors whilst they will be finished with render and slate roofs (usually, mitigation of the finishes are agreed through conditions). Also, the finishes of the estate road, parking spaces and the boundary treatments will be agreed with conditions.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

The proposal has been screened in relation to the need for an Environmental Impact Assessment (EIA) due to the possible impact on the nearby site of special scientific interest, and it had been concluded that there is no need for an EIA as the proposal does not cause substantial harm to recognised interests of importance.

Briefly, the work will include the following: • clearing the site, including building demolition • installing infrastructure and services • increasing land levels on parts of the site which are in danger of flooding (in accordance with the outcomes and the recommendations of the flood risk assessment) • creating a new vehicular access from Garth Road • creating an estate road and parking spaces • building the living units • landscaping • public art features • street furniture (benches, bollards, lamps etc) • provision of play equipment

There will be a variety of living units, in relation to size and type, within the site, and an element of them will be affordable houses under the developers' shared ownership scheme, namely: • 7 four bedroom houses • 16 three bedroom houses • 36 two bedroom houses • 13 one bedroom flats

Relevant Policies: Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that decisions should be in accordance with the Development Plan, unless material considerations dictate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.

National Policies:

Planning Policy Wales (version 3, 2010).

Chapter 3 – determining planning decisions and enforcing them Chapter 4 – planning for sustainability Chapter 5 protect and improve the natural heritage and coastline Chapter 6 protect the historic environment Chapter 8 transport Chapter 9 housing Chapter 13 – limiting and controlling environmental risks and pollution

Technical Advice Note (TAN)

TAN 2: Planning and Affordable Housing TAN 5: Planning and Nature Conservation TAN 12: Design. TAN 15: Development and Flood Risk TAN 18: Transportation TAN 22: Planning for Sustainable Buildings

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Gwynedd Unitary Development Plan 2009:

Design Standards – Strategic Policy 4

Development will be expected to be of a good design in order to ensure that it makes a positive contribution, wherever possible, to the landscape, built environment and sustainable development.

Land Redevelopment and Reuse – Strategic Policy 6

Priority will be given to making appropriate and suitable use of previously developed land, which is suitable for development, or buildings that are vacant or not used to their full potential. Developments should make the most efficient and practicable use of land or buildings in terms of density, siting and layout.

Homes - Strategic Policy 10

The need for housing in the Plan area during the plan period will be met through:

• making provision for a total of 4178 housing units, which will include provision of 1807 housing units on allocated sites; 1380 housing units on small and windfall sites, and residential conversion of existing buildings; and 991 on sites with planning permission; • making provision for meeting local need for affordable housing; • distributing the housing units across the Plan area in accordance with the Plan’s settlement strategy.

Policy A1 – Environmental or Other Impact Assessments Ensuring that sufficient information is provided with the planning application regarding any environmental impacts or other likely and substantial impact in the form of an environmental assessment or assessments of other impacts.

Policy A3 – Precautionary Principle Refuse proposals if there is any possibility of serious or irreversible damage to the environment or the community unless the relevant impact assessment can show beyond doubt ultimately that the impact can be avoided or alleviated.

Policy B7 – Sites of Archaeological Importance Refuse proposals which will damage or destroy archaeological remains which are of national importance (whether they are registered or not) or their setting. Also refuse any development which will affect other archaeological remains unless the need for the development is greater than the significance of the archaeological remains.

Policy B16 – Protect Nature Conservation Sites of National Importance Refuse proposals which are likely to cause significant damage to nature conservation sites of national significance unless they conform to a series of criteria aimed at protecting, enhancing and managing recognised features within the sites.

Policy B20 – Species and their Habitats that are internationally and Nationally Important Refuse proposals which are likely to cause disturbance or unacceptable damage to protected species and their habitats unless they conform to a series of criteria aimed at safeguarding the recognised features of the site.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Policy B22 – Building design Promote the design of good buildings by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features and character of the local landscape and environment.

Policy B23 – Amenities Safeguard the amenities of the local area by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features and amenities of the local area.

Policy B25 – Building materials Safeguard the visual character by ensuring that the building materials are of high standard and inkeeping with the character and appearance of the local area.

Policy B27 – Landscaping Plans Ensuring that permitted proposals incorporate soft/hard landscaping of high standard which is appropriate for the site and which takes into consideration a series of factors aimed at avoiding damage to recognised features.

Policy B29 – Developments on Land at Risk of Flooding - Manage specific developments in the C1 and C2 flood zones and direct them towards suitable land in zone A unless they conform with a series of criteria relevant to the features on the site and to the purpose of the development.

Policy C1 Locating New Developments – Land within town and village boundaries and the developed form of rural villages will be the main focus for new developments. New buildings, structures and supplementary facilities in open countryside will be refused with the exception of a development which is permitted under another policy within the Plan.

Policy C3 – Reusing Previously Developed Sites Proposals which give priority to the use of land or buildings previously developed and located within or adjacent to development boundaries will be permitted if the site or the building and use are appropriate.

Policy C5 – Redevelopment Sites Permits development proposals on sites noted on the proposals maps as redevelopment sites, provided they are consistent with the relevant development briefs and/or any masterplan approved for the site by the Local Planning Authority.

Policy CH3 – New Houses on Unallocated Sites within the Development Boundaries of local centres and villages – Approve the construction of houses on appropriate unallocated sites within the development boundaries of the Subregional Centre and the Urban Centres.

Policy CH30 – Access for All – Refuse proposals for residential/business/commercial units or buildings/facilities for public use unless it can be shown that full consideration has been given to the provision of appropriate access for the widest possible range of individuals.

Policy CH33 – Safety on Roads and Streets Development proposals will be approved if they can conform to specific criteria regarding the vehicular access, standard of the existing road network and traffic calming measures.

Policy CH36 – Private Car Parking Facilities Proposals for new developments, extension of existing developments or change of use will be refused unless offstreet parking is provided in accordance with the Council’s current parking guidelines, and having given due consideration to accessibility of public transport, the possibility of walking or cycling from the site and the distance from the site to a public car park.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Policy CH37 – Educational, Health and Community Services – Development proposals for new facilities associated with education, health and the community or extensions to existing facilities will be approved provided that they conform with a series of criteria regarding the location of the proposal, its accessibility using different modes of travel, together with highway issues, the design of any new school and the effect on a specific town centre.

Policy CH43 – Provision of Open Spaces of Recreational Value in New Housing Developments Expect that new housing developments of 10 or more dwellings in areas where the existing open spaces provision does not meet the needs of the development to provide suitable open spaces of recreational value as an integral part of the development.

In addition to GUDP policies, full consideration is given to the Authority’s adopted Supplementary Planning Guidance (SPG), which are material and relevant considerations. The following are relevant in this case: • Housing developments and open spaces of recreational value • Planning for sustainable building. • Planning Obligations • Affordable housing • Housing developments and educational provision • Hirael Bay Redevelopment Site – development principles (DRAFT) • Development Plan

Gwynedd Design Guidelines

Relevant Planning History:

The site’s history is substantial and mainly involves its previous use as a boatyard.

Consultations:

Community/Town Council: No objection to the original applications or the amendments provided that the right of way across the site is maintained, that a portion of the houses are designated social houses for local residents and that flood prevention measures are applied.

Transportation Unit: At the Committee, concerns were highlighted in relation to the location of the access shown, and reference was made to the fact that an access to the site from Beach Road would be an improvement. Following this deferral, the matter of relocating the access was discussed at length with the applicant, including observations independent from the transportation assessment submitted on behalf of the applicant (by the Singleton Clamp company), by Richard Broun Company (acting on behalf of the Council), and following this review, further information was submitted by Singleton Clamp. At the time of writing this report, the final observations of the transportation unit have not been received, and further observations will be submitted in time for the Committee.

Environmental Health Section: Conditions and standard advice regarding the proposal in relation to contaminated land and the need to provide a report to assess the condition of the land.

Environment Agency: Observations regarding the proposal based on the submitted flood consequences assessment/report and related conditions involving the

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

development including submitting land level details, surface water drainage schemes, landscaping etc to be approved.

Countryside Council: Observations regarding protected species that could possibly be using the site buildings, and the need to undertake a survey of the site and to submit a report in relation to this matter.

Biodiversity Unit: State that a bat survey must be arranged in relation to the site buildings.

Tree Officer: Observations regarding the proposal and the general layout of the site, further details are requested to be submitted and approved.

Welsh Water: Standard conditions and advice regarding the proposal, involving drainage, sewerage, surface water, connections to public systems etc.

Archaeological Trust: Observations regarding the proposal and a standard condition to ensure that an archaeological survey is undertaken on the site prior to the commencement of the development.

Access Officer: Observations regarding the proposal, with an emphasis on ‘Lifelong Homes’ standards.

Policy and Performance Unit Thorough observations regarding the proposal and its compliance with the Authority’s adopted policies.

Fire Service: Not received.

Affordable Housing Officer: Observations regarding the proposal and the provision and type of housing available. Following an assessment undertaken by DVS, property specialists for the public sector, further information was submitted regarding this element. Please see further observations regarding this matter

Design Commission Wales: Observations regarding the proposal including the access and its location. Please see further observations regarding this matter.

Public Consultation: The application was advertised extensively, as well as the amendments, by placing a notice in the local press (with the original application), placing notices on the site and sending consultation letters to nearby residents. A substantial number of letters of objections were received from local residents, bodies such as the Hirael Bay Group and the RSPB. Additionally, evidence was received in the form of photographs showing the impact of flooding on the site. Some of the main relevant objections are noted as follows: • the site’s vehicular access is in an unsuitable location • detrimental impact on the local roads network • detrimental impact on the visual amenities of the area • overdevelopment of the site • height of the proposed houses • flood concerns • impact on the environment, community, landscape • lack of parking

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

• unacceptable design • lack of increase in public improvements • right of way • impact on current services • detrimental effect on current medical centre • housing density • lack of compliance with policies and guidelines • lack of compliance with development requirements in a sustainable way • lack of compliance with the Hirael Bay scheme, and is premature as this scheme has not been formally adopted • contaminated land • impact on protected sites and the need for an appropriate assessment in relation to the development.

In addition to the requirements of the Local Planning Authority to undertake consultation with relevant bodies and members of the public, the developers have held/attended local meeting to discuss the proposed development.

The original consultation period ended on 15 October 2009. Some elements of the application have been amended three times since it was originally submitted, the details are as follows: • changes mainly affecting Garth Road, widening to include parking spaces, creation of footpath etc, this consultation ended 1 February 2010. • further details submitted by the developer regarding ground levels, drainage details, sewerage, finishes etc, this consultation period ended on 3 July 2010. • changing elements of the finish of some of the development units by proposing a front balcony rather than a juliette balcony as originally shown, the consultation period ended 8 January 2011 (however, due to the Christmas period, the period will have been extended and the service has considered all of the correspondence received when preparing this report).

Additional Information:

This application is supported by the following documents and reports, in the order they were submitted:

2. Transportation Impact Assessment – this report has been provided to explain the impact of the proposed development on the highway network in the nearby area, the accessibiloiyt of the site and other relevant matters in the context of transportation.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

3. Language and Community Impact Assessment – this report was submitted to include specific information regarding the local area and population and the impact of the development on related matters which stated that no language implications would derive from the development due to its location within the boundaries of the city of Bangor which is a regional centre.

4. Bat Roost Report – produced to assess the site’s buildings in relation to the possibility that bat roosts exist within the buildings, and recommends appropriate measures.

5. Affordable Housing Statement – this report explains and confirms the number and the type of affordable housing available on the site, which is a provision under their own partownership scheme.

Material Planning Considerations:

The main considerations in this application are:

1. The policy context – the site is located within the development boundaries of the city of Bangor, which has been defined as a subregional centre within the Gwynedd Unitary Development Plan which was adopted in 2009.

2. Relevant assessments and reports have been submitted and they support this application, as noted in the Additional Information section of this report, therefore, it is considered that the application conforms to policy A1 requirements.

3. As referred to above, reports have been submitted in relation to this application, the suggested conditions will ensure that the development will safeguard relevant matters and will therefore comply with policy A3 requirements.

4. B7 refers to sites of archaeological importance and presumes against proposals that will change or destroy archaeological remains. It is considered that the suggested condition is sufficient to ensure that the proposed development will not have a detrimental impact on matters involving archaeology and that this will ensure conformity with policy B7.

5. Policies B16 and B20 suggest refusing applications if a development has detrimental impact on protected areas and species. A bat survey was submitted in relation to the site buildings which proved that there was no evidence of use, and that the development has been assessed in the context of the need for an EIA. It is therefore considered that these conditions have been met and that the proposal complies with the requirements of policies B16 and B20.

6. Policy B22 relates to Building design, policy B25 refers to building materials whilst strategic policy 4 refers to design standards. It is considered that the contents of the Design and Access Statement submitted with the application and the observations of Design Commission Wales are relevant and explain the logic of the design, layout and the finishes of the proposed development. It is considered that the requirements of policy B22 have been met and once again, it is emphasised that opinion with regards to design can be very subjective.

7. Policy B23 attempts to ensure that the amenities of the local area and its residents are safeguarded. A substantial number of objections have been received which refer to the detrimental impact the proposed development would have on local amenities. Having considered all the related matters, including the appearance of the site,

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

highway matters, the historical use of the site and the proposed use, it is considered that the proposal is acceptable and conforms to policy B23.

8. Policy B27 refers to landscaping needs, conditions are imposed in order to reach an agreement with regards to this matter to ensure that the site’s appearance in terms of landscaping matters are acceptable and therefore comply with policy B27.

9. A part of the site lies within a broader area which is identified by the Environment Agency as an area at risk from flooding (C2 zone). Policy B29 reflects national policy requirements and guidance for developments and flood risk. The submitted flood consequence assessment report and the Environment agency’s formal response with conditions ensure that the requirements of policy B29 will be met.

10. Policy C1 refers to locating new developments. The development site is located within the boundary for Bangor as defined within the Gwynedd Unitary Development Plan, therefore, the proposal is considered in accordance with policy C1.

11. Policy C3 and strategic policy 6 support reusing previously developed sites. It is considered that this is a brownfield site and, therefore, the proposal complies with policy C3.

12. Policy C5 permits development proposals on sites noted on the proposals maps as redevelopment sites, provided they are consistent with the development briefs. Although the Hirael Bay SPG has not been formally adopted at the time of writing this report, it is a consideration, and it has referred to mixed developments within the area, including residential developments. The proposal therefore complies with the requirements of policy C5.

13. The principle of developing the site for a residential development it consistent with policy Ch3, and strategic policy 10 which promotes housing developments on suitable sites that become available randomly within the development boundaries of Bangor. A density average of 30 houses per hectare (hph) has been applied to randomly developed sites which is consistent with what the inspector suggested at the GUDP public inquiry. The site measures approximately 1.08ha and providing 72 residential units there is equivalent to building density of 67hph, which is nearly twice the number suggested. However, the GUDP emphasises that this is an average. Building density in Bangor varies from area to area. Building density along Garth Road and the Hirael area is approximately 54hph and 58 hph. Given this, its location within an urban area with good transport links, it is believed that the principle of developing the site for 72 residential units is acceptable.

14. The type and percentage of affordable housing is considered acceptable following the DVA assessment.

15. Policy CH30 ensures access for all, constructing housing in accordance with the requirements of relevant regulations ensures that the proposal will comply with the requirements of the policy.

16. Policy CH33 ensures compliance with the criteria involving highways and reducing conflict between pedestrians and cars. The impact of the proposed development has been considered by independent consultants and with the support of the transportation unit, it is considered that the proposal complies with the requirements of policy CH33.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

17. In addition, the parking provision within the site for residential units is acceptable and conforms to policy CH36.

18. Evidence shows that existing education facilities in the area have the capacity to deal with this development, which is consistent with policy CH37.

19. Policy CH43 attempts to ensure a sufficient provision of entertainment facilities to meet the requirements of residents within a housing development of ten or more houses. In this case, there are sites already within the catchment area, and it is considered should contributions be made to provide equipment in one of those suitable sites through a 106 agreement or within the site itself, policy CH43 requirements will be met.

20. Transportation matters – As already noted, a transportation assessment was submitted with the application referring to transport movements in the area, movement patterns and the likely impact of the proposed development on the local roads network. The Design Commission has referred to its wish to have an access to the site from Beach Road, however it would accept an access from Garth Road should this be impossible. Although initial discussions with the Transportation Unit did focus on an access from Garth Road, they are now stating that the best option in relation to highway matters would be an access from Beach Road. It should be emphasised that the substantila concerns regarding using Garth Road for the creation of an access to the site is also a material planning consideration especially given that it is quite possible to provide an access from Beach Road.

Design and visual amenities

21. The site is located in a prominent area verging on Hirael Bay, with Beach Road running alongside the site’s southern boundary and Garth Road verging on the site’s western boundary. The site is mainly surrounded by residential housing, but also, there is a mixed use including a medical centre, public house, social club and petrol station. The nearby buildings vary in size and appearance.

i) Scale – the proposed living units vary in size with the threestorey units approximately 8 metres and the twostorey units approximately 7.5 metres. The twostorey houses are located mainly along the site boundary and intentionally close to the relatively small houses of Sackville Terrace, while the threestorey units are erected in order to take advantage of views to be seen from the site. For comparison, nearby buildings also vary in size, with threestorey houses located next to smaller houses along Garth Road. ii) Layout – the nearby site and area are relatively level with land rising towards the east to the rear of Garth Road in the direction of Upper Garth Road and beyond. There is open land to the east of the site, which is part of the site, and beyond this, the historic site of Porth Penrhyn can be seen. As already noted, the tallest houses will be located so that they take advantage of views to be seen from the site. The location of the site access, the route of the estate road and the need to safeguard the Lôn Glandŵr byway have also dictated the layout of the units on the site, meaning that they have been located in the context of these matters. iii) Variety – the type and size of units proposed on this site vary in scale, and in appearance to a degree. Although the units have a common appearance in terms to slate roofs, windows, doors, balconies etc. there

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

are a variety of finishes that will reflect the current residential housing along Garth Road. Additionally, there is a variety of hard and soft landscaping, with a planting scheme being submitted in order to ensure that the planting of suitable species contributes towards the appearance of the site, and within areas of aesthetic importance, this will ‘soften’ the appearance of the site from prominent vantage points near the site and beyond. The proposal has attempted to combine various finishes to convey the pattern of the nearby housing, meaning that there would be a continuation, to a degree, of their finishes and appearances. Opinion on design matters is very subjective and conditions can be imposed on any planning permission, should it be decided to approve the application, to agree on the exact finishes and materials in order to reduce the impact of the development in relation to visual amenities. iv) Design Commission Wales – these proposals have been submitted to Design Commission Wales and have been discussed with them prior to submitting the official planning application. Observations had been proposed that led to amendments, mainly involving the access to the site.

22. This Plan was welcomed as it is an important part of a larger scheme and the proposed use and the initial designs have been supported. However, concerns were expressed regarding the proposed access and the Highways Unit’s lack of consideration for other accesses. These concerns were considered in the Commission’s response, and are matters that should be resolved prior to discussing the detailed matters of the application.

23. It was considered that the access from Beach Road should receive further consideration in order to ensure a better quality residential development with less impact on Garth Road and a better access to the harbour and other sites.

24. Should it not be possible to have an access from Beach Road, an access located further north on Garth Road would be more pleasing than what was originally submitted (nearer to the Beach Road junction with Garth Road) in order to ensure a better layout for the residential development.

25. It was stated that the design should respond more to the Victorian design and appearance of existing buildings with the main emphasis placed on coloured render for the external finishes.

26. The Commission also asked for a commitment to reach level 4 of the sustainable housing standard and a provision of private amenity space and balconies.

27. Further discussions took place on the above matters, and the access was the main concern. The first option for a suitable access, in the Commission’s opinion, was from Beach Road, but as the Highways Unit did not consider this acceptable at the time, the second possible option was to create an access further north along Garth Road. This would enable a more balanced layout of units within the site and a better definition to the front and rear of the units themselves, while the access would also be more convenient in the future, for when the second phase of the development would be considered.

28. Formal consultation took place with the Commission once the application had been submitted formally, the Commission’s response was received noting that the access should be moved further north along Garth Road, in comparison with the proposal

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

they had received originally. They welcomed this change provided that their alternative option from Beach Road would be considered fully and would be found impractical. They confirmed that the other observations provided in the previous report continued to be relevant.

Flooding

29. A part of the proposed development site is located within a C2 flood zone as defined on Environment Agency indicative maps. Therefore, a Floods Consequence Assessment was submitted with the application in order to asses flood impact on this particular development. The agency responded by stating that it was satisfied that it would be possible to manage the risks to a sufficient degree in this case by imposing specific conditions, including ensuring that ground levels and finish floor levels are acceptable in order to meet the requirements of TAN 15. Development and flood risk, acceptable landscape work, divert flood water, acceptable landscape work; divert flood water and surface water drainage arrangements.

30. Many concerns were highlighted by local residents in relation to this matter, including submitting photographic evidence of incidents of severe weather and its impact on the site, however, the Agency’s opinion states clearly that if the suggested appropriate steps are taken, it will be possible to manage the risks to a sufficient degree.

31. Chapter 13.4 (Development control and flood risk) of Planning Policy Wales 2010, states:

“Development proposals in areas defined as being of high flood hazard should only be considered where: • new development can be justified in that location, even though it is likely to be at risk from flooding… • new development would not increase the potential adverse impacts of a flood…

Paragraph 13.4.3 – It is essential that the Environment Agency’s advice is received by the Local Planning Authority and given due weight as a material consideration in determining planning applications.”

32. Affordable housing: Policy requires an element of affordable housing on development sites of this type unless there is firm evidence to hand to show that it is not practical to provide them. The assessment undertaken by DVS (District Valuer Service) shows that it is not viable to provide affordable homes as defined by TAN 2 and GUDP policies, namely, 25% of the houses on the site.

33. However, the developer proposes to include an element of affordable housing under its own shared ownership scheme. This has been considered acceptable and reasonable under the circumstances.

34. Environmental Impact Assessment: The application must be considered in accordance with Town and Country Planning regulations (Environmental Impact Assessment) (England and Wales) 1999. The application falls within Appendix II (part 10b) of the EIA regulations 1999. The application has been in consultation with the Countryside Council for Wales and the Authority’s Biodiversity Unit and no instructions have been received to undertake an environmental impact assessment on

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

the proposal. The RSPB did submit objections in terms of the detrimental impact of the development on protected sites and the need for an EIA, however, the authority is of the opinion, given all the evidence submitted with the application in the form of detailed reports, consultation responses, the location of the site in the context of nearby protected sites and the historic industrial use of the site (brownfield), that a report in the form of a screening opinion is sufficient to comply with the requirements of the Town and Country Planning Regulations (Environmental Impact Assessment) (England and Wales) 1999.

Archaeology

35. Further observations were received from the Gwynedd Archaeological Service, following its original response to the consultation. Reference was made to matters involving design and possible impact on the Dyffryn Ogwen designated site of historic interest and that an ASIDOHL 2 assessment/report should be undertaken to assess the impact of the development on the historic landscape. Having considered the matter, the authority was of the opinion that the site was not within a site of historic interest and there would be no need to submit a report in relation to this matter. A written research plan will have to be submitted in accordance with the original request of the Gwynedd Archaeological Service in order to ensure that the development within the site itself does not have a detrimental impact on any archaeological remains discovered.

36. Language and Community Assessment – This report was submitted in order to assess the impact of the development on these specific matters. The policy unit was asked to assess the contents of the report, the outcome of this assessment had not been received at the time of writing this report.

Conclusions:

The site is located within the Bangor city development boundaries, and forms part of a larger area which has been designated as a site for redevelopment in the GUDP. This application site has not been designated within the redevelopment area as a site of entertainment value; therefore, the principle of the development has been established in the Unitary Development Plan process. Although the Hirael Bay SPG has not been formally adopted, the process of preparing it was the subject of a public consultation, and therefore, it is reasonable to consider that it does carry limited weight as a material planning consideration. The Hirael Bay SPG has identified a number of uses for the redevelopment area in its entirety, identifying residential use as a suitable and appropriate use for the site which is the subject of this application.

Bearing the above in mind, and having given full consideration to all the relevant planning matters, including letters of objection, it is considered that this proposal in principle is suitable and conforms to local and national policy and guidance requirements provided that the development is served via the access from Beach Road.

Recommendation:

To delegate the right for the Planning Manager to approve the application subject to agreeing on the access from Beach Road and completing a 106 agreement involving highway improvements in the site area and binding the sale of 18 of the units to partownership within the developer’s own selling scheme, improvements to leisure provision in the site area and provision of public art on the site – Conditions – commence within five years, agree on materials and finishes, suitable landscaping, flood prevention steps, highway conditions

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION) including changing the status of Ffordd Glandŵr, removal of permitted rights, archaeological assessment, prevent pollution, sewerage and surface water.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Number : 2

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Application Number: C10A/0390/11/LL Date Registered: 19/07/2010 Application Type: Full Planning Community: Bangor Ward: Deiniol

Proposal: CHANGE OF USE OF FORMER POST OFFICE INTO VARIOUS USES INCLUDING CLUB, MEDICAL PRACTICE AND EXTERNAL FOOD COURT Location: FORMER BANGOR POST OFFICE , DEINIOL ROAD , BANGOR , GWYNEDD LL571AA

Summary of the TO DELEGATE POWERS TO APPROVE SUBJECT TO SIGNING A 106 Recommendation: AGREEMENT .

Description:

Full planning application for the change of use of a former Post Office into various uses.

This striking and historic building stands in a prominent place adjacent to the Deiniol Road and Ffordd Gwynedd junction. It is a three storey grade II listed building finished with stone and brick and a slate roof mainly, however there are more recent extensions to the rear and off the internal yard which mainly have flat roofs.

The vehicular access is to the external yard at the rear of the building off Ffordd Gwynedd, as well as another vehicular access off Deiniol Road to an internal yard on the side.

There is access for pedestrians from the side of Ffordd Gwynedd and from two points off Deiniol Road.

The building has been empty since its last use as a public Post Office, when part of the ground floor was used as a public post office with offices at the rear and above, a service yard at the rear and a garage for the post service’s vehicles on another part of the site.

Substantial changes have been made within the building to comply with the commercial image of the post office, safety requirements etc. However, the parts which were not used for the public have retained their original character, with the intention of keeping and improving these elements. There is no intention to undertake adaptation work to the external shell of the building other than replacing the external security doors at the rear yard of the site and repair work to the gate on the entrance off Deiniol Road.

The proposal involves the change of use of the majority of the ground floor into a club (nightclub), changing the floors above into a medical practice and creating an external food court within the existing yard at the rear of the building.

Relevant Policies: Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that planning decisions should be in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.

Gwynedd Unitary Development Plan 2009:

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Policy B2 – ALTERATIONS TO LISTED BUILDINGS OR BUILDINGS IN THEIR CURTILAGE Ensure that proposals do not cause substantial damage to the special architectural or historical character of Listed Buildings.

Policy B4 – DEVELOPMENT WITHIN OR THAT AFFECTS THE SETTING OF CONSERVATION AREAS Ensure that proposals within conservation areas, or which affect their setting, are refused unless they aim to maintain or enhance the character or appearance of the conservation area and its setting.

Policy B22 – BUILDING DESIGN Promote the design of good buildings by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features and character of the local landscape and environment.

Policy B23 – AMENITIES Safeguard the amenities of the local community by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features and amenities of the local area.

Policy C1 LOCATING NEW DEVELOPMENT – Land within town and village development boundaries and the developed form of rural villages will be the main focus for new developments. New buildings, structures and supplementary facilities in open countryside will be refused with the exception of a development which is permitted under another policy within the Plan.

Policy C4 – ADAPTING BUILDINGS FOR REUSE – Proposals to adapt buildings for re use rather than demolish them will be approved provided they conform to specific criteria regarding the aptness of the building, visual considerations, design and the effect on the vitality of neighbouring towns and villages.

Policy CH30 – ACCESS FOR ALL – Refuse proposals for residential/business/commercial units or buildings/facilities for public use unless it can be shown that full consideration has been given to the provision of appropriate access for the widest possible range of individuals.

Policy CH36 – PRIVATE CAR PARKING FACILITIES Proposals for new development, extension of existing development or change of use will be refused unless offstreet parking is provided in accordance with the Council’s current parking guidelines and having given due consideration to the accessibility of public transport, the possibility of walking or cycling from the site and the distance from the site to a public car park.

Policy CH37 – EDUCATIONAL, HEALTH AND COMMUNITY SERVICES – Development proposals for new facilities associated with education, health and the community or extensions to existing facilities will be approved provided they conform to a series of criteria regarding the location of the proposal, its accessibility using different modes of travel, together with highway issues and design.

National Policies:

Planning Policy Wales 2011 (Edition 4) notes, amongst other things, that:

“3.1.3 Factors to be taken into account in making planning decisions (material considerations) must be planning matters; that is, they must be relevant to the regulation of the development and use of land in the public interest, towards the goal of sustainability.”

“3.1.4 Material considerations must also be fairly and reasonably related to the development concerned. The Courts are the final arbiters of what may be regarded as material

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION) considerations in relation to any particular application, but they include the number, size, layout, design and appearance of buildings, the means of access, landscaping matters, service availability and the impact on the neighbourhood and the environment. The effects of a development on, for example, health, public safety and crime, can also be material considerations as, in principle, can public concerns in relation to such effects.”

”4.8.2 Many previously developed sites in builtup areas may be considered suitable for development because their reuse will promote sustainability objectives. This includes sites: • in and around existing settlements where there is vacant or underused land, commercial property or housing; • in suburban areas close to public transport modes which might support more intensive use for housing or mixed use; • which secure land for urban extensions, and; • which facilitate the regeneration of existing communities.”

6.5.9 Where a development proposal affects a listed building or its setting, the primary material consideration is the statutory requirement to have special regard to the desirability of preserving the building, or its setting, or any features of special architectural or historic interest which it possesses.

6.5.17 Should any proposed development conflict with the objective of preserving or enhancing the character or appearance of a conservation area, or its setting, there will be a strong presumption against the grant of planning permission. In exceptional cases the presumption may be overridden in favour of development deemed desirable on the grounds of some other public interest. The Courts have held that the objective of preservation can be achieved either by development which makes a positive contribution to an area’s character or appearance, or by development which leaves character and appearance unharmed.

Technical Advice Note (Wales) 11: Noise – paragraph 8 states:

“Local planning authorities must ensure that developments which create noise do not cause unacceptable levels of disturbance. They should also bear in mind that if subsequent intensification or change of use results in greater intrusion, consideration should be given to the use of appropriate conditions.”

Relevant Planning History:

Application No. C10A/0391/11/CR – listed building application involving the change of use of former Post Office into various uses including club, medical practice and external food court – approved 25.01.11.

Application No. 3/11/490A – external access ramp for the disabled – approved 04.02.83.

Application No. 3/11/490B – extension for the transport department – approved 07.06.83.

Application No. 3/11/490C – shelter over disabled access – approved 06.02.88.

Application No. 3/11/490D – adaptations and extensions – approved 06.01.88.

Application No. 3/11/490E – erection of boundary wall and renew gates – approved 05.02.9.

Application No. 3/11/490F – extension – approved 16.12.94.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Consultations:

City Council: No objection but observations regarding mitigation of noise impact and opening hours

Building Control: Not received

Transportation Unit: No objection dependent on agreeing on an acceptable financial contribution towards improving adjacent pedestrian/footpath links.

Environment Agency: Not received

Welsh Water: Conditions and standard advice regarding the proposal and any possible impact on public drainage system.

Fire Officer: No observations

Gwynedd Archaeological Observations and relevant conditions to ensure a programme of Planning Service: suitable archaeological work.

Access Officer: Observations and suggestions regarding the proposal to ensure compliance with relevant legislation.

Libraries Service: Observations regarding the proposal, concern regarding any detrimental impact on the adjacent public library on grounds of noise, waste and lighting.

Public Protection Unit: Conditions and advice regarding noise levels, odour management, polluted land.

Biodiversity Unit: No ecological concerns in relation to the proposal.

Public Consultation: The application was advertised by placing a public notice on the site and consultation letters were sent to nearby neighbours. No observation was received regarding the proposal, and the consultation period ended on 15 August 2010.

Additional Information:

The following additional information was submitted with the application:

Design and Access Statement in accordance with relevant legislation, this document was submitted which explained how consideration was given to issues involving design, access, character, sustainability and safety. Full consideration was given to the content of the amended version of the statement as submitted.

Structural report – a report by a specialist was submitted explaining what needed to be done to the building in terms of the structure in order to convert it. It was confirmed that substantial work would not be needed in relation to the proposal and that there would not be any substantial changes to the internal construction of the building.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Acoustic report – an acoustic report was completed in relation to the club element and it was explained that steps would be taken to ensure that additional noise levels would not affect the surrounding area.

Material Planning Considerations:

The main considerations when determining this application are the suitability of the layout, use, visual impact, impact on the amenities of the surrounding area, traffic issues and the proposal’s compliance with local and national policies and guidelines.

The impact on the general amenities of the area 1. The site is located in a prominent place on the junction between Deiniol Road and Ffordd Gwynedd. A public library is situated adjacent to the southern boundary of the site, whilst a BT building and site lies to the north east. The police headquarters in the city is on the other side of Ffordd Gwynedd to the south west. There are no residential dwellings within the adjacent area and it is not considered that there would be a detrimental impact on the amenities of the area as it is an area that does not have the presence of any prominent residential dwellings. There are busy public roads on two sides of the building whilst the main public bus station in the city is within easy walking distance of the site.

2. This proposal involves the change of use of an existing empty building which is located within the development boundaries of the city. There would not be any detrimental impact on the amenities of the area and it is, therefore, considered that the proposal complies with the requirements of policies B23, C1 and C4.

Listed Building 3. This building is a grade II listed building within a conservation area which was built specifically for use as a Post Office. This use ended many years previously and the building has been empty since then. Local authorities have a responsibility to ensure that listed buildings are protected. There is no intention to undertake external work to the shell of the building, only internal work, which is considered acceptable.

4. A separate listed building application has been submitted for the proposed structural work which has already been approved by the Authority with approval also from CADW. The proposal complies with the requirements of Policies B2, B4 and B22.

Proposed use

5. This proposal involves mixed use for the building and site. i) Club – the majority of the ground floor will be used as a club or associated uses as well as part of the first floor. There is a need for some structural work to demolish some internal walls to create suitable openings; however, appropriate acoustic doors will be installed to ensure that noise does not emanate from the building, even to parts of the ground floor used for the medical practice. ii) Medical Practice – it is intended to use part of the ground floor as a reception, accessible rooms and a room for children, whilst part of the first floor and the whole of the second floor will be used in relation to the medical practice. The practice will be multi use, namely general medical consultations, dermatology, optician, chiropractics etc. The proposal ensures that there is a separate and accessible access for visitors to the medical practice, which complies with Policy CH30, whilst the use in relation to the medical practice complies with Policy CH37.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

iii) Food court – there is an external yard at the rear of the site (previously used as a garage/service yard) and it is intended to convert it to create a food court. This means that there will be separate small units using the open parts of the yard jointly. The yard is served separately from the building and it will not be visible from the adjacent public roads due to the presence of the building and high walls which surround the site itself.

6. The proposed mixed use makes good use of a substantial building and site in a prominent location in the city. It is an accessible and central site with services such as a bus station nearby. This proposal complies with guidelines in Planning Policy Wales (version 4 2011) which states:

7.6.5 A flexible attitude is required with respect to change of use to enable suitable reuse or new use to be instituted in underused space where this might contribute to the preservation of the building or enhancement of the townscape or landscape.

Highway matters 7. There are no parking spaces for visitors within this site. Despite this, it is in a central and accessible location where people would not necessarily need a vehicle to visit the site due to its proximity to existing transport links. The entrances to the site have seen dense use in the past in relation to the use as a Post Office and this proposed use would not increase movement in and out of the site more than what has already been seen. The proposal is considered acceptable and in accordance with Policy CH33.

8. There are several public car parks adjacent to this site. Although there is no public parking on the site, it is considered that there is provision nearby which would satisfy these requirements. There are a limited number of parking spaces for staff available at the rear of the site and permission would need to be sought from the highways department to use it as there is access through the Council’s public car park. This is not a planning matter, rather an arrangement which the applicants would have to discuss with the highways department. Despite this, it complies with Policy CH36 as provision is available.

9. The applicants have agreed to give a financial contribution towards improving links for pedestrians in the surrounding area in the form of improving the pavements surrounding the building and creating a new footpath likely to be from the central public car park nearby through Tan y Fynwent towards the public bus station.

Conclusions:

The main considerations in determining this application are the appropriateness of the proposed mixed use of the site and its location in the city. In this case, the multiple use of the building is appropriate and a suitable use of a substantial building and site in a central location. The acoustic report explains that steps can be taken to ensure that there will not be excessive noise impact on the amenities of the area due to the club use. This, along with the fact that the site is within a busy urban area with high noise levels during specific hours, means that there will not be a detrimental impact on the amenities of the area.

Recommendation:

To delegate the right to the Planning Manager to approve the application subject to relevant conditions and signing a 106 agreement involving receiving a financial contribution towards improving pedestrian links in the surrounding area.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Conditions to include commencement within five years, compliance with the plans, noise management, prevention of pollution, drainage, odour and waste management, archaeological assessment.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Number : 3

Application Number: C10D/0477/38/AM Date Registered: 14/01/2011 Application Type: Outline Community: Llanbedrog Ward: Llanbedrog

Proposal: DEMOLISH EXISTING PUBLIC TOILETS AND ERECT TWOSTOREY TWO BEDROOM DWELLING Location: PUBLIC CONVENIENCES , CAE HENDY , LLANBEDROG , PWLLHELI , GWYNEDD , LL537NY

Summary of the TO DELEGATE POWERS TO APPROVE SUBJECT TO SIGNING A 106 Recommendation: AGREEMENT .

Description: An outline planning application to erect a twostorey dwelling on the site of public toilets. The outline plan submitted with the application shows a twostorey house measuring 7m in length and 6m wide on the site. A restricted site within the boundaries of a Council housing estate and within the boundaries of the village. The site is served by the estate road. The site is located within a Landscape Conservation Area.

Gwynedd Unitary Development Plan 2009: B10 – Protecting and enhancing Landscape Conservation Areas by ensuring that proposals conform to a series of criteria aimed at avoiding significant damage to recognised features. B22 – Promote good building design by ensuring that proposals conform to a series of criteria relating to safeguarding the recognised features and character of the local landscape and environment. B23 Safeguard the amenities of the local neighbourhood by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features and amenities of the local area. B25 Safeguard the visual character by ensuring that the building materials are of high standard and in keeping with the character and appearance of the local area. C1 Land within town and village development boundaries and the developed form of rural villages will be the main focus for new developments. New buildings, structures and supplementary facilities in open countryside will be refused with the exception of a development which is permitted under another policy within the Plan. CH4 – Proposals to adapt buildings for reuse rather than demolish them will be approved provided they conform to specific criteria regarding the aptness of the building, visual considerations, design and the impact on the vitality of neighbouring towns and villages. CH10 – Refuse proposals for new dwelling(s) which would lead to an increase in the number of second homes within a community where there is already a high percentage of second homes within the housing stock.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

CH33 – Development proposals will be approved if they can conform to specific criteria regarding the vehicular entrance, standard of the existing road network and traffic calming measures. CH36 – Proposals for new developments, extension of existing developments or change of use will be refused unless offstreet parking is provided in accordance with the Council’s current parking guidelines, and having given due consideration to the accessibility of public transport, the possibility of walking or cycling from the site and the distance from the site to a public car park.

National Policies: Planning Policy Wales 2010 (third Edition) TAN 12 Design TAN 18 Transport

Relevant Planning History: 3/4/B290A Outline planning application to construct public toilets – approved 05 August 1965 3/4/B290B Detailed application for toilets approved 17 September 1965 3/4/B290B Detailed application – approved – 22 February 1966 Consultations:

Community/Town Council: Refuse on the grounds that: 1) the plot is very restricted to build on it, 2) narrow entrance, especially when residents park their vehicles on the side of the road, 3) a strong feeling that the plot should be allocated for an affordable house, 4) should the application be approved, a section 106 condition should be imposed on the development, 5) the Council had recommended land on the Cae Hendy estate, including this site, to the Gwynedd Affordable Housing Facilitator when listing the plots with the possibility of developing affordable housing on them, 6) it was felt that the site was suitable for a singlestorey house without parking provision.

Transportation Unit: To recommend approval subject to conditions

Welsh Water: To approve subject to standard conditions

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The consultation period ended on 02 February 2011 and three letters were received objecting to the application on the following grounds:

• Road problems and lack of parking space • Loss of light and overlooking • Lack of parking spaces on the estate • Overdevelopment • Use of plot that would be useful as a parking area.

Additional Information: Access and design statement and sustainability report.

Material Planning Considerations:

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Suitability of the Site

1. The site occupies a location within the development boundary of Llanbedrog and therefore conforms to Policy C1. Policy CH4 approves proposals for new residential dwellings within villages provided that the proposal satisfies the policy criteria. Clause 1 of Policy CH4 states that a percentage of the units provided on each site (which will vary from site to site) will be affordable in order to satisfy local general need determined for affordable housing, unless the local Planning Authority can be satisfied, having considered all the relevant factors, that it would be inappropriate to provide affordable housing on the site. The applicant has stated in the Design and Access Statement that the development is likely to appeal to a firsttimebuyer or elderly couples, rather than leading to a second home. Reference is also made to the unitary plan policy and it would not be appropriate to develop a proportion of the proposal for affordable housing here as it is only proposed to construct one house. Following a discussion on the proposal with the applicant and stating concern regarding the density of the proposal, confirmation was received from him in writing expressing his willingness to sign a 106 agreement of general affordable need for the dwelling. It is considered that such an agreement would be in accordance with the wishes of the Community Council for the site. Considering the location of the site within the Council estate, the size of the site and the fact that permission has been granted for 12 affordable houses within the village, it is considered that the proposal is in accordance with policy CH4 and CH10.

Impact on the landscape

2. The aim of policy B10 is to ensure that any development be it a new building or a conversion, sustains, enhances or restores the character and recognised quality of the area. The site is located within the boundaries of a council housing estate. The site is fairly concealed from the direction of the village because of its location amongst two storey houses and although a house on the site would be visible in the wider landscape, other houses would form a backdrop. It is not considered that this proposal would have a substantial detrimental impact on the landscape. The proposal is not contrary to policy B10.

The impact on road safety

3. The proposal means that the current vehicular access would be used to develop the site. The access opens out to an unclassified county road leading through the housing estate and then to a class 2 road that runs through the village. Part of the road that connects the site with the remainder of the estate is narrow and local residents have expressed concern that approving a house on the restricted site would add to the lack of parking on the estate. The residents’ concerns are acknowledged but it is felt that approving the application would at worst cause inconvenience and would not have a detrimental effect on road safety. The Transportation Unit has recommended approving the application with a condition that parking should be within the curtilage of the new house and although it does not meet the roads requirements completely, it is not considered that it would be substantially contrary to policy CH36.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Impact on nearby residents

4 The plan shows a proposal to locate the house amongst other houses. The outline plan shows that it is proposed to have the bedrooms on the ground floor with appropriate windows for them and the living room on the first floor with a window and patio facing over the field. A condition could be imposed to ensure that first floor windows do not face neighbouring properties. It is realised that a neighbour has expressed concern regarding the loss of sunlight as a consequence of the proposal. The property of the neighbour in question is located to the north and east of the site. It is difficult to see how this property would be affected any more than other houses in a similar position on the estate. It is not considered that the proposal would have a substantial detrimental effect on neighbouring residents and that the policy is not contrary to policy B23.

Design

5. The site occupies a relatively concealed location within the village where the buildings (mostly houses) are mainly of twostorey design.

Conclusions: It is not considered that this proposal would have a substantial detrimental impact on the landscape due to its location amongst dwellings. There is some concern regarding the additional use of the current entrance, but it has to be realised that the entrance serves a housing estate and therefore it is considered that it would be difficult to justify refusing the application on the grounds that the proposal is likely to significantly compromise road safety. The layout of the house is acceptable. There is some concern regarding the impact of the development on nearby residents but a condition could be imposed on a permission to enforce no windows on the first floor level. It is considered that constructing one affordable house would comply with policy CH4 and CH10.

Recommendation:

To delegate the power to approve subject to signing a section 106 agreement for a general affordable dwelling – conditions – details of materials, landscaping, no fist floor windows in the side and gable end elevations facing the estate and sustainability.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Number : 4

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Application Number: C10D/0482/32/LL Date Registered: 20/12/2010 Application Type: Full Planning Community: Botwnnog Ward: Botwnnog

Proposal: RETROSPECTIVE APPLICATION CHANGE OF USE OF TWO EXISTING AGRICULTURAL SHEDS FOR STORAGE OF CARAVANS AND BOATS Location: NANHORON FARM , NANHORON , PWLLHELI , GWYNEDD , LL53 8DL

Summary of the APPROVE WITH CONDITIONS C10D/0482/32/LL Recommendation:

Description: The application was deferred at the February 2011 committee in order to give the Committee an opportunity to visit the site. A full retrospective planning application to retain change of use of two agricultural sheds for storage of caravans and boats. The space of the sheds used for storage measure approximately 60m long and 50m wide and it is proposed to store approximately 300 units (boats and caravans) within them. The farm occupies a fairly prominent position in the landscape and the sheds that are the subject of the application will not be visible from the adjacent county road because of a substantial earth ‘bund’ that was erected as part of the permission for the sheds. Wide existing access. Site located within an Area of Outstanding Natural Beauty.

Relevant Policies: Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that decisions should be made in accordance with the Development Plan, unless material planning considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.

Gwynedd Unitary Development Plan 2009: B8 To safeguard, maintain and enhance the character of the Area of Outstanding Natural Beauty by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features of the site. B23 Safeguard the amenities of the local neighbourhood by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features and amenities of the local area. CH33 – Development proposals will be approved if they can conform to specific criteria regarding the vehicular entrance, standard of the existing road network and traffic calming measures. CH36 Proposals for new developments, extension of existing developments or change of use will be refused unless offstreet parking is provided in accordance with the Council’s current parking guidelines, and having given due consideration to the accessibility of public transport, the possibility of walking or cycling from the site and the distance from the site to a public car park. CH 48 Proposals for boat storage facilities will be approved provided they are stored in suitable buildings or in circumstances where there are no existing buildings available, they are stored in unobtrusive locations. D10 Proposals to change the use of buildings to small scale industrial or business use will be approved provided the chosen location can be justified and they conform to specific criteria

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION) regarding the scale and nature of the development and the relationship of the development with nearby buildings/uses. D21 – Approving proposals for storing touring caravans provided that they conform to criteria involving the impact of the development on the local area and using the site to store unused touring caravans.

National Policies: Planning Policy Wales 2010 (third Edition) TAN18: Annex B

Relevant Planning History: C97D/0231/12/CL – Construction of agricultural shed – Approved 9 July 1997 C00D/0071/32/LL – Construction of agricultural shed – Approved – 27 June 2000 C03D/0315/32/LL – Construction of an agricultural building for dairy cattle – approved 30 July 2003

Consultations:

Community/Town Council: Support the application.

Transportation Unit: Access has satisfactory visibility splays. The proposal is likely to create some increase in traffic but I do not believe it will have a detrimental effect on the road network since the farm is located near one of the major roads in the locality, namely the B4413, rather than an unclassified rural road. No objection.

Area of Outstanding Natural There is no objection on the grounds of the AONB as the Beauty Officer: development will not create any direct visual impact – as all goods will be located indoors. Indirectly, it could mean an improvement to the AONB by storing more units away from view.

Public Protection Unit: No observations

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The consultation period ended on 07 February 2011 and three letters were received objecting to the application on the following grounds: • The application results from ending the agricultural use. • It will have an impact on a number of similar businesses. • It is believed that such large sheds would not have new permission for the above use and the sheds should be retained for their original use, namely agricultural or they should be demolished as they are in a prominent site.

Additional Information: An Access Statement was received with the application along with further evidence including the details of vehicular movements. See attached plan with the agenda.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Material Planning Considerations:

The impact on the AONB 1. Policy B8 presumes against developments which are likely to have a substantial detrimental effect on the character and appearance of the AONB. The main purpose of this national designation is to protect the beauty of the area and the Council has a responsibility to ensure that priority is given to protecting the landscape. Despite this, the need to safeguard agriculture, forestry and other rural industries and the area’s economic and social needs should be considered. It is, therefore, important to balance the need and the advantages of the proposal against the impact on the landscape. The site is fairly secluded in the landscape because of the existence of a substantial earth ‘bund’ between the building that is proposed to be used for storage and the adjoining county highway along with substantial excavation works that were part of the previous permission to sink the building into the ground to create a level yard and to reduce the effect of the development on the landscape. The response of the AONB officer has been received that confirms his opinion that the development will not create any direct visual impact – as all goods will be located indoors. Although the buildings are not visible from the adjoining county highway, it must be realised that they are fairly visible from a distance. It is not considered that the storage use within the building will have any adverse effect on the landscape and, therefore, the proposal is not contrary to policy B8.

Impact on nearby residents 2. The application was advertised on the site and neighbouring residents were informed and three letters have been received objecting to the proposal on the grounds that approval of the application will have a detrimental effect on similar businesses in the area and such sheds would not have been approved for the proposed use. It is realised that other sites with similar use to the proposal exist in the Llŷn area; however, it is believed that these are arguments regarding competition and, therefore, an application should not be refused for this reason. With regard to an alternative use of the building, it must be realised that policies CH48 and D21 of the GUDP approve proposals to store caravans and boats in suitable buildings. No complaint was received regarding the effect of the use on neighbouring residents and it is not considered that the proposal is contrary to policy B23 of the GUDP.

The impact on road safety 3. In the access statement, the applicant has included details of vehicular movements in and out of the site (see copy of the evidence enclosed with the agenda). We can see from the figures submitted that there is heavy use of the existing access at busy times on the farm and the proposal would be unlikely to increase the use of the access. The applicant also states in the access statement that the use of the access would be reduced substantially. It must also be realised that the units will be transported to the site at the end of the holiday season at times when the level of road traffic in the area is comparatively low. There is some concern regarding the element of storing steel containers because it could lead to people visiting the site regularly. This concern was discussed with the applicant and he has confirmed his willingness to delete this element from the application. Therefore, it is proposed to impose a condition on any planning permission to restrict storage to caravans and boats only. The Transportation Unit has confirmed that there is no objection to the proposal and notes also that the farm is located on one of the principal roads in Llŷn rather than on an unclassified rural road. The proposal complies with policy CH33 of the GUDP. There is sufficient space within the farm yard for a parking provision for customers and, therefore, the application satisfies policy CH 36 of the GUDP.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Storing boats and caravans policy

4. Policies CH48 and D21 of the GUDP approve the use of existing suitable buildings for storing boats and caravans. Policy D10 approves proposals to use buildings for industrial uses or small scale business if the location chosen can be justified and if specific criteria can be complied with. It is considered that the site and the buildings that are proposed to be used are suitable for the scale and nature of the proposal and satisfy the objectives of the policy.

Conclusions: Using the existing buildings would not have a detrimental effect on the visual amenities of the area or on neighbouring residents. The existing access is acceptable and suitable for purpose, considering that is serves a substantial farm. Policies CH48 and D21 of the GUDP approve applications to convert existing suitable buildings for storing boats and caravans.

Recommendation: To approve conditions – storage of boats and caravans only, over the period between September and the end of March the following year.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Number 5

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Application Number: C11/0013/11/LL Date Registered: 04/01/2011 Application Type: Full Planning Community: Bangor Ward: Deiniol

Proposal: DEMOLITION OF EXISTING FOOTBALL STADIUM, CONSTRUCTION OF A NEW 4,287 SQUARE METRE FOODSTORE AND ASSOCIATED WORKS INCLUDING CREATION OF PARKING AREAS, ACCESS ROAD, SERVICE YARD AND LANDSCAPING Location: BANGOR CITY FOOTBALL CLUB , FARRAR ROAD , BANGOR, GWYNEDD , LL571LJ

Summary of the TO APPROVE WITH CONDITIONS Recommendation:

Description:

A full application for planning permission to demolish the existing football stadium, erect a 4,297 square metre food store, create a new entrance and roundabout, access road, staff and customer car park, service yard and site landscaping.

The site, extending to 1.9 hectares in size, is located within the development boundaries of the city of Bangor, which has been defined as a subregional centre in the Gwynedd Unitary Development Plan (July 2009), and is in a prominent location close to the city centre.

Deiniol Road runs to the northwest, Sackville Road to the North, the High Street to the south and southeast and Farrar Road to the west. Residential houses are located along Farrar Road and part of Deiniol Road, whilst there are commercial buildings (with living units above most of them) situated along the High Street. Furthermore, buildings of various uses including places of worship, a health clinic and flats for the elderly are located fairly close to parts of the site.

It is intended to create vehicular access to the site through the creation of a new roundabout off the junction between Deiniol Road and Sackville Road. To enable this, the Masonic Hall site which currently stands would have to be demolished and cleared. There will also be pedestrian entrances from Farrar Road, Deiniol Road and the High Street.

The site has been used as a football ground for the city's club for several years, with the site still in use today.

Taking into account the nature and use of the site, the relevant planning history and the type of development proposed, a formal Environmental Assessment was not considered necessary in relation to this application.

The plans included with the report for the committee show the proposed development. From these details, it is seen that the building would be approximately 10.5 metres in height at its highest point, with a mixed finish including slate blocks, timber, metal cladding on parts of the walls and the entire roof (mitigation measures in terms of the final finish are usually agreed through a condition). Landscaping is intended along the site’s boundaries with a retaining wall if appropriate and an acoustic timber fence, 2.5 metres in height, surrounding the service yard and on part of the roof that contains ventilation units.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Briefly, the proposal will include the following: • clearing the site, including demolition • installing infrastructure and services • creating a new vehicular entrance and roundabout off the junction between Deiniol Road and Sackville Road • creating an access road and car park for the public • constructing the retail unit • providing a bicycle storage area • creating a footpath and new open space between the new roundabout and Deiniol/Sackville Road • landscaping

The building will include an entrance from the car park, a 2,304m 2 shop floor, storage area to the rear, a first floor measuring 660m 2 in size to include offices and staff rooms.

In line with standard advice relating to developments of this size, the authority has held meetings with the developers' representatives to discuss the principle of submitting a financial contribution to the Council to undertake work that was necessary or resulted from approving the proposed development. This contribution will be secured through completing a formal legal agreement.

Relevant Policies:

Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that planning decisions should be in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.

National Policies:

Planning Policy Wales (Version 4, 2011)

Chapter 3 – determining planning decisions and enforcing them Chapter 4 – planning for sustainability Chapter 6 protecting the historic environment Chapter 6 – sustaining the economy Chapter 8 transport Chapter 10 – planning for retail and town centres Chapter 13 – limiting and controlling environmental risks and pollution

Technical Advice Note (TAN)

TAN 4 retailing and town centres TAN 11 noise TAN 12 design TAN 15 development and flood risk TAN 18 transport TAN 22 – sustainable building

Gwynedd Unitary Development Plan 2009:

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

TAKING A PRECAUTIONARY APPROACH – STRATEGIC POLICY 1

Development proposals that would have an adverse or uncertain impact on the environment, the economy or cultural character (including the Welsh language) of the Plan area will be refused unless it can be conclusively shown by an appropriate impact assessment that this can be negated or mitigated in a manner acceptable to the Planning Authority.

DESIGN STANDARDS – STRATEGIC POLICY 4

Development will be expected to be of a good design in order to ensure that it makes a positive contribution, wherever possible, to the landscape, built environment and sustainable development.

DEVELOPMENTS WHICH CREATE RISK – STRATEGIC POLICY 5

Developments that are inconsistent with the need to safeguard floodplains or to minimise flood risk and developments that create a risk of unacceptable damage to health, property or the environment, will be refused.

LAND REDEVELOPMENT AND REUSE – STRATEGIC POLICY 6

Priority will be given to making appropriate and suitable use of previously developed land, which is suitable for development, or buildings that are vacant or not used to their full potential. Development should make the most efficient and practicable use of land or buildings in terms of density, siting and layout.

ACCESSIBILITY – STRATEGIC POLICY 11

Development proposals which are accessible to all through a variety of transport modes by virtue of their location, will be permitted providing the appropriate infrastructure, including highways, cycle routes and facilities and footways, is in place, or is to be provided; and provided they do not significantly harm the environment or the amenities of nearby residents.

TRANSPORT – STRATEGIC POLICY 12

Transport schemes that form part of the strategic and integrated transport network identified in the Key Diagram, extend the choice of travel modes, facilitate access for local people and show clear benefits as regards network safety and efficiency, will be approved, provided they do not lead to an unacceptable increase in the need to travel and that they do not significantly harm the environment or the amenities of local residents.

SERVICE CENTRES – STRATEGIC POLICY 18

The role of the Service Centres will be maintained or improved by approving proposals for development that will encourage/facilitate a wide range of shopping, commercial, employment, transport, entertainment, leisure and culture facilities and activities in suitable locations.

Policy A1 – ENVIRONMENTAL OR OTHER IMPACT ASSESSMENTS Ensuring that sufficient information is provided with the planning application regarding any environmental impacts or other likely and substantial impact in the form of an environmental assessment or assessments of other impacts.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Policy A3 – PRECAUTIONARY PRINCIPLE Refuse proposals if there is any possibility of serious or irreversible damage to the environment or the community unless the relevant impact assessment can show beyond doubt ultimately that the impact can be avoided or alleviated.

Policy B22 – BUILDING DESIGN Promote good building design by ensuring that proposals conform to a series of criteria aimed at protecting the features and character.

Policy B25 – BUILDING MATERIALS Safeguard the visual character by ensuring that building materials are of high standard and inkeeping with the character and appearance of the local area.

Policy B27 – LANDSCAPING SCHEMES Ensuring that permitted proposals incorporate soft/hard landscaping of a high standard which is appropriate for the site and which takes into consideration a series of factors aimed at avoiding damage to recognised features.

Policy B29 – DEVELOPMENT ON LAND AT RISK OF FLOODING - Manage specific developments in the C1 and C2 flood zones and direct them towards suitable land in zone A unless they conform with a series of criteria relevant to the features on the site and to the purpose of the development.

Policy C3 – REUSING PREVIOUSLY DEVELOPED SITES Proposals which give priority to reusing previously developed land or buildings and are located within or adjacent to development boundaries will be permitted if the site or the building and use are appropriate.

Policy CH33 – SAFETY ON ROADS AND STREETS Development proposals will be approved if they can conform to specific criteria regarding the vehicular access, standard of the existing road network and traffic calming measures.

Policy C5 – REDEVELOPMENT SITES Development proposals on sites identified on the Proposals Maps as redevelopment sites will be permitted provided they are consistent

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION) with the relevant development brief and/or any master plan for the site approved by the Local Planning Authority.

Policy CH31 – PROVIDING FOR CYCLISTS – Development proposals which do not provide specific facilities for cycling where there are obvious opportunities for doing so will be refused.

Policy D27 – RETAIL STORES IN RESIDENTIAL AREAS WITHIN THE DEVELOPMENT BOUNDARIES OF SERVICE CENTRES – Protect local shops that are outside the defined town centres but within the development boundary of the service centre by refusing proposals for alternative use unless they can conform to criteria relating to the accessibility of similar services, the availability of the unit to purchase or rent and the impact on nearby uses. Approve new smallscale stores in residential areas which will address residents’ needs from day to day for necessary daily goods.

In addition to GUDP policies, full consideration is given to the Authority’s adopted Supplementary Planning Guidance (SPG), which are material and relevant considerations.

The following are relevant in this case:

• Planning obligations • Planning for sustainable building • Development briefs • Gwynedd Design Guidelines

Relevant Planning History:

Application C10A/0530/11/LL – renewal of full permission (application number C04A/0600/11/LL) to construct a food retail store, including road changes deferred at the applicant's request.

Application C97A/0627/11/LL – erection of mixed use development consisting of retail units, leisure facilities, student accommodation and restaurant – approved 28.01.09.

Application C06A/0738/11/AM – demolition of football stadium and erection of leisure units (class D2) and class A3 (food and drink) – approved 26.02.07.

Application C04A/0600/11/LL – construction of a food retail unit, including road changes – approved 16.01.06.

Application C03A/00184/11/AM – demolition of existing football club and nursery, Masonic Hall, clinic and existing commercial garage, including abolishing the car hire business and

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION) constructing a food retail store, which includes road changes, the addition of a roundabout at the junction between Deiniol Road and Sackville Road, widening of vehicular entrance on Farrar Road (for the use of services) and a pedestrian entrance off the high street – approved 23.10.03.

As well as the planning history above, it is relevant to refer to planning applications relating to developments which have been constructed due to the intention to redevelop the site on Farrar Road.

Application C10A/0603/25/LL – construction of Masonic Hall, land near Parc Britannia, Bangor – approved 11.02.11.

Application C09A/0064/11/LL – minor changes to a design as approved through planning application C07A/0594/11/LL along with the erection of new a football stadium – approved 24.03.09.

Application C07A/0594/11/LL – minor changes to a design as approved through planning application C03A/0183/11/AM along with the erection of new a football stadium – approved 20.09.07.

Application C03A/0183/11/AM – relocation of Bangor City football club – approved 15.08.03.

Consultations:

Community/Town Council: No observations as the land is owned by the council.

Building Control: Not received

Transportation Unit: Observations regarding the amended proposal, traffic assessment accepted and stated that the parking provision for customers and commercial traffic was acceptable, conditions in relation to creating footpaths, roundabout and entrance.

Environment Agency: Observations and advice regarding the proposal and the impact on matters relating to floods, a condition regarding the provision of a site drainage plan is suggested.

Welsh Water: Standard conditions and advice regarding the proposal, involving drainage matters, sewerage, and the presence of a mains pipe on part of the site.

Public Protection Unit: Standard conditions and observations regarding the proposal in relation to noise, delivery lorries, waste storage, lighting the car park.

Civic Society: Not received.

Archaeological Service: Standard conditions and observations to ensure that an archaeological survey is undertaken on the site prior to the commencement of the development.

Fire Service: No observations.

Tree Officer: Not received.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Access Officer: Standard observations.

Policy and Performance Unit: Not received.

Public Consultation: The application, and subsequent amendments, was advertised extensively, by placing a notice in the local press (with the original application), placing notices on the site and sending consultation letters to nearby residents. Two emails had been received from individuals expressing concern in relation to existing entrances and rights of way to the rear of their property. The original consultation period for the application ended on 17 February. One element of the original application was amended by reinstalling the roundabout into the site from its initial setting. The reconsultation period will end on 1 April.

Additional Information:

This application is supported by the following specialist documents and reports, as submitted.

1. Design and Access Statement as required under current legislation, the application is supported with a Design and Access Statement. The applicant has noted in the statement how consideration was given to the context of access, design, character, environmental sustainability, statutory site conditions etc. The statement is acceptable and is a relevant consideration in determining the application, and it has received due emphasis and attention. 2. Retail statement – this report is submitted to explain the retail case in relation to the development, compliance with policies and a detailed description of the background to the application. 3. Transportation Impact Assessment – this report is provided to explain the impact of the proposed development on the highway network in the nearby area, the accessibility of the site and other relevant matters in the context of transportation. 4. BREEAM Assessment – this explains how specific targets to reach sustainable standards are likely to be implemented, and based on the initial assessment, the development is likely to reach the Very Good standard. 5. Noise Report – the report contains details and an explanation as to how noise generated as a result of the proposed development will be managed, and the impact on noise levels in the nearby area. 6. Flood Impact Assessment – the site is partly situated within a flood zone, therefore this report has been submitted to explain how appropriate steps can be taken to mitigate concerns in relation to flooding. 7. Language and Community Assessment – this report explains the impact of the development on both the site and nearby area, but also takes into consideration other developments which are dependent on this development, such as Nantporth football ground and the Masonic Hall.

Material Planning Considerations:

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

The main considerations in this application are:

Policy context

8. The site is located within the development boundaries of the city of Bangor, which has been defined as a subregional centre within the Gwynedd Unitary Development Plan adopted in 2009.

9. Relevant assessments and reports have been submitted and they support this application, as noted in the Additional Information section of this report, therefore, it is considered that the application conforms to policy A1 requirements.

10. As referred to above, report have been submitted in relation to this application, therefore this is considered to conform to the requirements of policy A3.

11. Policy B22 relates to Building design, policy B25 refers to building materials whilst strategic policy 4 refers to design standards. It is considered that the contents of the Design and Access Statement submitted with the application is relevant and explains the logic of the design, layout and the finishes of the proposed development. It is considered that the requirements of policy B22 have been met and once again, it is emphasised that opinion with regards to design can be very subjective.

12. Policy B23 seeks to ensure that the amenities of the local area and its residents are safeguarded. This site, and specifically its historical use as a football stadium occasionally affects the amenities of the local community by virtue of large crowds of visitors on match days, however the nature of the proposed use is likely to have less impact on the amenities of the area's residents in comparison with the historical use of the site. Having considered all the relevant matters, including the appearance of the site, highway matters, the historical use of the site and the proposed use, the relevant planning history including extant permissions, it is considered that the proposal is acceptable and conforms to specific requirements and considerations as listed in policy B23.

13. Policy B27 refers to landscaping needs, conditions are imposed in order to reach an agreement with regards to this matter to ensure that the site’s appearance in terms of landscaping matters are acceptable and therefore comply with policy B27.

14. A part of the site lies within a broader area which is identified by the Environment Agency as an area at risk from flooding (C2 zone). Policy B29 reflects national policy requirements and planning guidance for developments and flood risk. The submitted flood consequence assessment report and the Environment Agency’s formal response with conditions ensure that the requirements of policy B29 will be met.

15. Policy C1 refers to locating new developments within the developments boundaries of towns and villages. The development site is located within the boundary for Bangor as defined within the Gwynedd Unitary Development Plan, therefore, the proposal is considered in accordance with policy C1.

16. Policy C3 and strategic policy 6 support reusing previously developed sites. It is considered that this site is a previously developed site, therefore the proposal complies with policy C3.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

17. Policy C5 permits development proposals on sites noted on the proposals maps as redevelopment sites, provided they are consistent with the development briefs. The site is noted on the plan as a redevelopment site, therefore the proposal conforms to the requirements of policy C5.

18. Policy CH30 ensures access for all, and that development of this type is constructed in accordance with the requirements of relevant regulations which will ensure that the proposal complies with the requirements of the policy. Full consideration has been given to access as explained in the design and access statement (level approaches into the store, specific provision for disabled people etc.).

19. Policy CH33 ensures compliance with the criteria involving highways and reducing conflict between pedestrians and cars. The impact of the proposed development has been considered by independent consultants and with the support of the transportation unit, it is considered that the proposal complies with the requirements of policy CH33.

20. Furthermore the parking provision for cyclists in terms of numbers and types is acceptable and complies with policies CH36 and CH31.

21. Policy D27 relates to convenience and comparison goods retail stores outside defined town centres. It is considered that the proposal conforms to the requirements of this policy, this is explained further in a specific part of this report.

Design and visual amenities

22. There are specific local and national policies in relation to amenities, where consideration is given to this matter in considering the implications and effects of any planning application on the local community. See policy B23 of the GUDP specifically. Having considered all relevant matters in relation to amenities, including the intended size and use of this proposal, current use of the site and previous permissions, it is considered that the proposal conforms to the requirements of this particular policy.

23. The site lies within a prominent part of the city, and is visible not only from nearby public roads but from other elevated parts of the city also.

i) Scale – The site’s main building varies as regards size, with the highest part measuring approximately 10.5 metres in height and a gross external floor surface area of 4.343 square metres (ground floor and first floor). Adjacent buildings to the site vary in size; they are mainly threestorey, however there are some that are substantially larger such as university buildings on Deiniol Road. Due to the size of the proposed building in the context of its location and nearby area, the proposal is considered acceptable. ii) Setting – the site and adjacent area is comparatively level, with the High Street to the south east raised in comparison to the existing football ground. As well as the High Street, Farrar Road and Deiniol Road run alongside the site. The area is urban in terms of land use, without substantial open plots in the vicinity. There are current entrances from the High Street and Farrar Road, which are intended to be used as paths for pedestrians, whilst a new footpath will be created through a new amenity

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

site near the new roundabout on Deiniol/Sackville Road. The setting of the developed site would be acceptable as it is considered that it would be inkeeping with the site’s location and area in general.

iii) Variety – consideration has been given to the area’s appearance and finish by looking at the finishes of adjacent buildings and other developments of the same type in the area. The proposal therefore combines various materials such as slate, timber and metal cladding whilst the finishes to the soft and hard landscaping will also vary. The proposal, therefore, has attempted to combine various finishes so as to have partial continuation to the general appearance of the area. Opinion on design matters is very subjective and conditions can be imposed on any planning permission, should it be decided to approve the application, to agree on the exact finishes and materials in order to reduce the impact of the development in terms of visual amenities. In this case, it is considered that the proposal is acceptable based on the proposed materials to be used as an effort has been made to incorporate existing patterns and appearances within the nearby area.

24. Associated parking is provided in front of the building, to the rear of Farrar Road and part of the High Street. 293 parking spaces will be provided there, along with 16 disabled parking spaces and 14 parking spaces for parents and children. A new road leads to the site from a new roundabout that will be created on the junction between Deiniol Road and Sackville Road. Furthermore, 12 bicycle storage sites will be provided fairly close to the front of the shop. There will be various soft and hard landscaping within the site, with the majority of planting work made along the site’s boundaries.

Flooding

25. Chapter 13.4 (Development control and flood risk) of Planning Policy Wales 2010, states:

26. It is essential that the Environment Agency’s advice is received by the Local Planning Authority and given due weight as a material consideration in determining planning applications.”

27. The majority of this site lies within zone A, but the lower part of the site is contained within zone C2; due to this a flood risk assessment was provided, looking at the impact of the development on flood hazard. The report and its content was accepted by the Environment Agency, which welcomed some of the recommendations such as raising floor levels and creating temporary flood storage. It was mentioned that a plan for surface water drainage should be provided before determining the planning application, but if the authority did not intend to have this information to hand prior to determining, conditions should be imposed stating that a surface water drainage report for the site must be submitted, prior to commencing the development.

28. The relevant policy within the GUDP states: “Manage specific developments in the C1 and C2 flood zones and direct them towards suitable land in zone A unless they

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

conform with a series of criteria relevant to the features on the site and to the purpose of the development”.

29. It is considered that the proposal conforms to the requirements of local and national policies in relation to flooding, and that flooding risk could be managed by taking appropriate steps in the form of conditions suggested by the Environment Agency.

Transportation matters

30. As already noted, a transportation assessment was submitted with the application which referred to transport movements in the area, movement patterns and the likely impact of the proposed development on the local roads network. The setting of the roundabout has been amended from its original submission following observations from the Transportation Unit, and following this amendment, the site’s setting in terms of the road, parking and the specialist report, the Transportation Unit supports the application. It is considered that the proposal complies with policy CH33 of the GUDP and national guidelines in the form of TAN 18, Welsh Parking Standards, and PPW.

Retail matters

31. The relevant policy to consider in the context of this application is policy D27. It refers to approving applications for new retail stores…on sites within or near service centres but outside defined town centres…provided that specific criteria can be met. The criteria as referred to in this policy are specifically and particularly to retail store developments. The proposal’s compliance with these specific criteria has been fully assessed, and it is considered that the proposal conforms to the policy and that the development and its use can be managed appropriately and suitably by imposing specific conditions in relation to the proposal.

i) Justifying the proposal in terms of consistency and compliance with planning policies and its impact on the vitality and viability of Bangor city centre and other centres are vital considerations. ii) Relevant objectives for retail developments are noted in Planning Policy Wales (edition 4, 2011) (PPW). • support the objectives and strategy of an uptodate development plan or the policies in this guidance; • is highly accessible by walking, cycling or public transport; • contributes to a substantial reduction in car journeys; • contributes to the colocation of facilities in existing town, district, local or village centres; • significantly contributes to the vitality, attractiveness and viability of such a centre, or where it; • alleviates a lack of convenience provision in a disadvantaged area.

Paragraph 10.3.1 further states:

When determining a planning application for retail, leisure or other uses best located in a town centre, including redevelopment, extensions or the variations of conditions, local planning authorities should take into account: • compatibility with any community strategy or uptodate development plan strategy;

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

• need for the development/extension, unless the proposal is for a site within a defined centre or one allocated in an uptodate development plan; • the sequential approach to site selection; • impact on existing centres; • net gains in floor space where redevelopment is involved, and whether or not it is likeforlike in terms of comparison or convenience; • rate of takeup of allocations in any adopted development plan; • accessibility by a variety of modes of travel; • improvements to public transport; • impact on overall travel patterns; and • best use of land close to any transport hub, in terms of density and mixed use.

Paragraph 6 of TAN4: Retail and Town Centres outlines the need for a retail impact assessment in relation to developments over 2,500 square metres in size, such as the application in question. In addition to this the requirements state:

• whether the assessment adopted a sequential approach to site selection and the availability of alternative sites; • their likely economic and other impacts on other retail locations, including town centres, local centres and villages, including consideration of the cumulative effects of recently completed developments and outstanding planning permissions; • their accessibility by various means of transport including access for pedestrians, giving an assessment of the proportion of customers likely to arrive by different means of transport; • the likely changes in travel patterns over the catchment area; and where appropriate; • any significant environmental impacts.

iii) The assessment reinforces relevant tests referred to in paragraph 10.3.1 of Planning Policy Wales above, and furthermore, it could be stated that current planning policies support a positive approach to the growth and regeneration of town and city centres and the promotion of established centres along with their protection.

iv) Amongst the considerations that must be addressed is consistency with the GUDP strategy, and as is highlighted further on in the report, it is seen that the development is not contrary to the policies and principles of the GUDP.

v) Then, consideration must be given to whether there is a need for the development as submitted and on the particular site requested. In this case it must be stated that the proposal has been discussed at length with the developers and their retail consultants. Also, consideration is given to the relevant planning history in relation to the site and appropriate permissions and the already established principle of approving and accepting the proposal of a retail development on this site.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

vi) The proposal must be considered in terms of what is called a “sequential approach”, namely that consideration or assessment must be given initially to the number of sites close to the town centre. Given that this site is right by the town centre, the only way the site could be nearer would be through the redevelopment of relevant retail sites in the town centre that would be likely to have a substantial effect on the character of the current city, therefore, it is considered that the first choice in any sequential test would be the site that is the subject of this application, as there is no other suitable site available.

vii) The effect on nearby existing centres must be considered. Bangor is the only subregional centre as denoted in the GUDP, there is no other centre of the same status within the county’s boundaries. It is not considered that this proposal (as was true with the previous applications) impacts on other local and town centres as defined in the plan's hierarchy, and neither is it believed that the proposal would have a substantial detrimental effect on other centres within broader areas (no objections had been received from nearby authorities to the proposed development).

viii) Consideration is given to the accessibility of the site as regards travel modes, public transport and the impact on general travelling patterns. In this case, it is considered that the site is accessible to vehicle, bus and train users and pedestrians. The amendments to the road system and the creation of a new roundabout are acceptable and facilitate access into and from the site. A public bus route runs past the site on Deiniol Road and Farrar Road, with a new bus stop being created on Farrar Road with a specific foot link into the site. An existing link to the High Street from the South East side is being maintained and improved whilst a new link from Deiniol Road will be created. The link with the High Street ensures a path and link to the town centre. A detailed transportation assessment has been submitted and accepted as accurate by the Transportation Unit, and although the development would mean an increase in the number of vehicles, it is anticipated that this could be coped with through the recommended improvements.

Retail assessment

32. Quantitative and Qualitative Test

ix) It should be noted that the principle of a food retail development in relation to this site, has already been approved and established. In addition, the previous applications relate to significantly larger developments (in terms of retail floor space) than the proposed development.

x) The retail report submitted with this application states that there is sufficient capacity in relation to the proposed retail floor space, and having considered the test previously conducted in relation to larger developments and their acceptability, the quantitative need is realised and met, which contributes to Bangor's function as a subregional centre.

xi) There has been no significant addition to the provision of food retail shops in the city since approving the previous applications. Bangor lacks a food retail store of a necessary size centrally, therefore needs are being

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

met by Tesco and Morrisons supermarkets outside the centre. There are smaller sized shops nearer the centre, which are aimed at a specific market, but there is no food retail store of acceptable and necessary size in a central and accessible location.

xii) The previous case has already proved on a qualitative basis that a development of this type is needed in this location. Although the floor space of this proposed development is smaller than that of previous developments, there are still benefits to having developments of this type and size in such a site.

33. Sequential approach

i) A lack of suitable sites for a development of this type centrally is explained through the sequential approach. The site is identified as a redevelopment site within the GUDP, therefore, on this basis it could be stated that no other sites have been recognised for this type of development in the city centre.

34. Opinion on the retail statement

i) The authority has employed an independent retail consultant to conduct a full assessment of the application in terms of compliance with local and national policies, with an emphasis on retail matters and a critical evaluation of the retail assessment and other relevant documents/information as submitted.

ii) The report concluded that this development, which is smaller in size than the previous applications, can be justified and that the quantitative improvements could be achieved in terms of improving the provision of convenience goods, links with the town centre and creating more sustainable shopping patterns. The development could also compete effectively with the units in the town centre.

iii) It is noted that the site was described as being on the centre’s periphery, a foot link with the High Street must be ensured in order to confirm this and it must be ensured that there are no other acceptable sites available in order to satisfy the sequential approach arrangements when choosing a site. The associated journeys with the town means that there is likely to be less impact than the other developments approved on the site.

iv) The report’s conclusion is mixed as regards the statement that the quantative needs are not being fully met, but there is justification for the development on the grounds of other specific matters. The site is suitable in terms of satisfying site choice through a sequential approach and being able to use appropriate conditions to ensure that the floor space for comparison goods would not increase, that additional services would not be available within the unit at the expense of other similar established businesses in the city centre and ensuring that foot links with the High Street are realised.

Conclusions:

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

1. This report shows that there are many material considerations involved with a planning application of this type. Local and national adopted policies and guidelines clearly state that there is a presumption in favour of approving an application unless there are strong reasons for refusing it, and that it should not be refused if it can be made acceptable by imposing specific conditions.

2. Consideration must be given to the effect on the town centre as a whole, and it is considered, based on the information received and expert opinion on the content, that the proposal is acceptable and complies with policies.

3. The principle of developing the site for retail use has already been accepted, and in fact a previously approved planning application (relating to a significantly larger development) is still extant. This application, should it be approved, would be smaller in size and is therefore likely to have less effect on the area’s visual amenities, highway matters and the impact on the city centre.

4. Planning application C04A/0600/11/LL (due to the separate application to renew it), is still extant, and therefore the site could be developed by implementing this permission which would result in a substantially larger store being erected (11,620 square metres).

5. Furthermore, application C07A/0627/11/LL is still extant, namely permission for a mixed development including the creation of an unrestricted retail floor area measuring 6, 510 square metres, leisure facilities, restaurant and the erection of 335 residential units for students.

6. Having considered the above, and having given full consideration to all the relevant matters, and specifically to the matter of fallback i.e. what could be developed on the site as a result of other extant planning permissions, this application is acceptable based on the smaller surface area created as part of the proposed development.

7. In addition, developing this site will ensure that the area benefits from a development that would not only be acceptable in appearance, but would also improve the general appearance of the surrounding area by improving road links, footpaths and would in general improve the visual amenities of the area which are rather dishevelled in parts.

8. To confirm, having given full consideration to all the relevant planning maters, the authority considers this application acceptable and that it fully complies with the GUDP policies and national policies and guidelines as contained in numerous documents.

Recommendation: To delegate the right to the Planning Manager to approve the application subject to receiving a financial contribution through a formal legal agreement towards associated highway works conditions: time, compliance with plans, materials, noise, landscaping, sales management, control the size of the retail floor space and type of goods, drainage matters including surface water management, lamps details, opening hours, goods delivery hours, no development of additional floors, archaeological along with any other relevant conditions recommended by the committee.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Number : 6

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Application Number: C11/0023/39/RC Date Registered: 07/01/2011 Application Type: Full Planning Community: Llanengan Ward: Llanengan

Proposal: DELETION OF SECTION 106 AGREEMENT WHICH RESTRICTS THE USE OF THE PROPERTY TO LOCAL NEED Location: BWTHYN Y FFRWD , BWLCHTOCYN , PWLLHELI , LL537BP

Summary of the TO REFUSE Recommendation:

Description: This application involves the deletion of a Section 106 agreement which restricts occupation of the property to local need. The agreement in question was signed by the applicant on 30 April 1999 prior to granting full permission to construct the dwelling. The house is located within the rural village of Bwlchtocyn and an Area of Outstanding Natural Beauty. The site is served by an existing entrance.

Gwynedd Unitary Development Plan 2009: CH5 To approve a residential development which includes one or two units only in a Rural Village on specific sites if it conforms to criteria relating to local need for the development, effect on the landscape and the specific features of the site.

CH10 – Refuse proposals for new houses which would lead to an increase in the number of second homes within a community where there are already a high percentage of second homes within the housing stock.

National Policies: Technical Advice Note (Wales) 20: The Welsh Language – Para. 4 states that the land use planning system should take account of the needs and interests of the Welsh language and in so doing contribute to its well being.

Circular 13/97 – which explains use of 106 agreements.

Relevant Planning History: 98/00407/FUL19 – Construction of singlestorey dwelling – approved – 25.05.1999.

C09D/0485/39/LL – An application to delete a section 106 local need agreement from permission to adapt an agricultural building into a dwelling located on the outskirts of the village of Abersoch (which is within the same parish and community as this site) – approved on appeal – 07.07.2010.

Consultations:

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Community/Town Council: No observations were provided because the majority of members and the Council had a professional connection to the applicant.

Transportation Unit: No observations

Public Consultation: The application was advertised on the site and nearby residents were informed; a petition signed by 51 persons was received in support of the application. The advertisement period ended on 14 February 2011.

Additional Information:

A design and access statement has been submitted.

Material Planning Considerations:

1. Does the section 106 agreement serve a useful planning purpose?

2. The principle regarding the circumstances under which an application for deleting a Section 106 agreement may be made is explained in detail in Circular 13/97, which appears to still be relevant in Wales although it has been superseded by Circular 05/2005 in England. It is considered that the principles listed in both circulars continue to be relevant. In addition to this, the Regulations (Modification and Discharge of Planning Obligations) 1992 are relevant to the procedure of receiving and dealing with such applications. The circular mentioned above states that a section 106 agreement, in order for it to be valid, must meet five relevant criteria, whether it be a new agreement or a previous application to delete or amend an agreement. The five criteria state:

1) that the commitment is relevant to planning 2) that it is essential to make the proposal acceptable in planning terms 3) that it is directly relevant to the development 4) that it is relevant and reasonable in scale and type to the proposal 5) reasonable in all other respects

3. The main consideration, and after a period of 11 years, is whether the agreement still serves a useful planning purpose when considering the five criteria mentioned above. It should be emphasised that the circulars state that agreements can play a key part when implementing planning policies and that they should only be used to make a proposal acceptable in terms of land use planning.

4. It should also be emphasised that the Council cannot amend an agreement without the consent of the applicant and that the application for deletion or amendment must therefore be considered in accordance with that which is described in the applicant’s application.

5. The original application was considered under policies B5 of the Dwyfor Local Plan. Policy B5 approved constructing dwellings provided that the proposal satisfied specific criteria relating to the location of the building, highway issues and proven local need. Therefore, it stated that proposals for residential developments would not be approved unless the Council was of the opinion that they would meet real local need in a community where a number of second homes constitute a high percentage

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

of the current housing stock. In the case of this application, it was decided that it would not be possible to grant permission without signing a section 106 agreement (local need) on the property because of concerns that it could lead to the provision of a holiday/ second home in an area which was under considerable pressure from such use, and which continues to be so.

6. The relevant development plan now is the Gwynedd Unitary Development Plan, and the corresponding policies are policies CH5 and CH10. Policy CH5 promotes proposals to build houses within rural villages if evidence, amongst other things, proves that a local community need has been proved and that the residential units are affordable ones to meet local community need. Policy CH10 states that proposals for new dwelling(s) which would lead to an increase in the number of second homes within a community where they form a high percentage of the housing stock would be refused. It is considered that approving the deletion of the section 106 agreement would lead to an increase in second homes in a community in which, according to the 2001 census, 44.9% of the homes are second homes. This means that approximately half the housing stock in the application area are second homes and removing this agreement could contribute to this and could lead to similar applications to remove 106 local need agreements in the area. It should be noted that the Council is considering the second application to remove a 106 local need Agreement within this community since July 2010 when an application to remove a 106 local need agreement was approved by the inspectorate (see a copy of the appeal decision with the agenda). It should also be noted that one application to remove a 106 agreement has been approved on appeal in the village of Pentrefelin and there is a current case in the village of Morfa Bychan in the eastern point of the former Dwyfor district (which is also under substantial pressure from second homes,) being considered on appeal at the moment. Figures of 44.9% are substantially higher than the percentage in 2001 of 7.8% second homes for the whole of Gwynedd.

7. The applicant states that they have lived in the property as a family since the house was built but family circumstances have forced them to remortgage the house in order to settle a divorce agreement; however, the banks are unwilling for the applicant to raise funds on the house when a 106 local need Agreement is in force. A copy of the applicant’s report in enclosed with the agenda. The applicant has already refused to amend the agreement that would bind the use of the house to a permanent residence. The applicant states that the agreement reduces the value of the house by approximately 22%; should the house be for sale on the open market it would be valued at £600,000 but the agreement reduces the value of the house to £475,000. The applicant states that only strangers to the area have shown an interest in the house and that the value of the house is out of reach to the vast majority of the local population who are looking for a firsttime buy property. Consequently, retaining the agreement would not serve a useful purpose.

8. Attention should be drawn to the appeal case in Pentrefelin where an application was approved to abolish a 106 agreement. It must be emphasised that the Inspector in that appeal stated clearly that each case should be considered according to its own merits and proof of the usefulness of the agreement.

9. It is considered that the Inspector in the appeal misinterpreted the requirements of the agreement when stating that it did not prevent use as a holiday home as an agreement such as the one pertaining to this application states clearly that the dwelling must be the sole or main residence.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

10. It is also considered that the Inspector misinterpreted the purpose of section 106 local need agreements by placing an emphasis on the provision of affordable homes rather than on the agreements’ principal aim of ensuring that the granting of planning permission for dwellings does not add to the number of second homes in areas already experiencing great pressure from such dwellings, and promoting housing for the needs of the local community.

11. This application is different to the appeal situation in Pentrefelin where the proportion of holiday homes was substantially lower than the 10% noted in policy CH10 of the GUDP and also substantially lower than the 44% in the community of Llanengan.

12. The principal aim of the agreement was to promote housing for the needs of the local community and to ensure conformance with policies in the former Dwyfor Local Plan and now policy CH10 in the current GUDP. The agreement is over ten years old and the proportion of holiday homes in the village and parish remains high. It is therefore considered that it meets the five criteria and continues to serve a useful purpose by ensuring that the dwelling meets the need of the local community for permanent housing and preventing adding to the high number of holiday homes in the community contrary to policy CH10 of the GUDP. It is noted that the Council’s policy regarding building in rural villages asks for units to be restricted to local community need for affordable housing. A recent case in the Abersoch area for housing development required a 75% reduction in price to the price likely to be achieved on the open market. It is realised that there was no reference in the original agreement to affordability, however, it should also be realised that affordability was not part of the policy regarding building houses in rural villages when the application was approved.

13. It is noted that the surface area of the house measures approximately 150 square metres (including the rear wing), which is more than the recognised surface area approved under recent affordable housing guidelines. It should be noted that there were no robust guidelines regarding the number of houses to meet local need when permission was granted for the house, despite the fact that the surface area of the house is more than what is approved in the present day, it is considered to be of a suitable size for the purpose of meeting local needs. It is considered that the agreement is likely to achieve the supplementary aim of keeping the price of the house lower than the high open market price in Abersoch, as noted by the applicant. Consideration must also be given to the fact that the prices of residential property within the application area / community is substantially higher than the vast majority of the County and that this factor in itself leads to property being sold for a higher price. To this end, it can be argued that such an agreement is more relevant and necessary in this parish. Policy B5 of the former local plan was relevant when the agreement was signed. The current policy CH10 of the GUDP presumes against holiday homes in areas under pressure, and approving an application for a dwelling without such an agreement would be likely to create a development which would be contrary to this policy and very likely to lead to similar applications within the area. A section 106 agreement must be used rather than a planning condition because use of permanent homes and use of holiday homes are within the same residential use class, and therefore it would not be possible to differentiate between them on the basis of a condition.

Conclusions: For the above reasons it is considered that the section 106 agreement meets the five criteria referred to in Circular 13/97 and continues to serve a useful planning purpose because it is relevant to the site and the development, and is a means of permitting and ensuring that the

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION) dwelling continues to be available to meet a need for a permanent home in a village where the percentage of holiday homes is over four times higher than the holiday homes percentage for Gwynedd and three times higher than the 10% figure in policy CH10 of the GUDP. The agreement is essential to ensure that policy CH10 of the GUDP is not undermined as would be the case should it be deleted, and because it is very likely that such a dwelling would add to the number of holiday homes in Abersoch where the high percentage of such homes is working against the local community’s desire to see homes for permanent use. The Service is not convinced that adequate reasons have been submitted by the applicant for deleting the agreement imposed on the property in 1999. For the above reasons we recommend that you should not approve the deletion of the agreement.

Recommendation: To refuse – reasons No valid material planning reasons had been submitted to convince the Council that the current section 106 agreement does not serve a useful planning purpose, and it continues to meet the five criteria listed in the Circular. It is very likely that approving the application would lead to an increase in the number of holiday homes in an area which is under great pressure from a high percentage of its housing stock being holiday homes, and therefore the proposal would be contrary to policy CH10 of the GUDP.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Number : 7

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Application Number: C11/0025/42/LL Date Registered: 20/01/2011 Application Type: Full Planning Community: Nefyn Ward: Morfa Nefyn

Proposal: DEMOLISH EXISTING GARAGE AND ERECT SINGLE STOREY SIDE AND FRONT EXTENSION TO INCLUDE GARAGE, 2 BEDROOMS, 2 BATHROOMS AND SINGLE STOREY REAR EXTENSION Location: YARNOK , LÔ N LAS , MORFA NEFYN , PWLLHELI , LL53 6BG

Summary of the TO APPROVE WITH CONDITIONS Recommendation:

Description: This is an application to demolish the existing separate garage which is located in front of the bungalow and to erect a substantial single storey side extension which extends out onto the front cartilage and includes a garage, two bedrooms and two bathrooms including erecting a single storey rear extension to be used as a dining room. The present bungalow measures approximately 90m², with the separate garage approximately 16m², totalling an area of approximately 106m². The proposed extensions measure approximately 102m², and therefore double the size of the current bungalow. The property is currently used as a summer home, but additional information has been submitted as part of the application explaining the intention of the applicant to move permanently into the property and that a substantial extension is needed in order to create provision for the applicant’s parent who is elderly and uses a wheelchair.

The property stands in a builtup area within Morfa Nefyn’s development boundary and the side extension will be visible from the southern direction from the county road, Lôn Las, which passes by the front of the building. There is an empty plot with trees and hedges to the north of the property, a closed rear garden, a similar bungalow built in the same period to the south and a class 3 county road to the west.

Gwynedd Unitary Development Plan 2009: B22 – Promote good building design by ensuring that proposals conform to a series of criteria relating to safeguarding the recognised features and character of the local landscape and environment. B23 Safeguard the amenities of the local area by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features and amenities of the local area. B24 – Ensure that proposals for adaptations or extensions to buildings conform to a series of criteria aimed at protecting the character and amenity value of the local area. B25 – Safeguard the visual character by ensuring that the building materials are of a high standard and in keeping with the character and appearance of the local area.

National Policies: Planning Policy Wales (2011)

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

TAN 12 Design – need to ensure quality design for every development.

Relevant Planning History: 3/4/1491 – Erect a bungalow – Approved 31 October 1967

Consultations:

Community/Town Council: No objection

Transportation Unit: No objection. Sufficient space to the front of the house. Intention to retain a garage, therefore sufficient parking space and no changes to the entrance.

Public Consultation: A notice was placed on the site on 27 January 2011 and neighbouring residents were informed. 3 letters of objection had been received, on the following grounds: • Alleged business use of the property as holiday accommodation increasing its size would involve more visitors. • The size of the extension is overdevelopment, would double the size of the property, intrusive and too close to the boundary • Would be possible to adapt it into two properties in future. • Drainage • Impact on nearby trees.

Additional Information: The application is being submitted to Committee following receipt of three objections which are contrary to the officer’s recommendation.

Other Material Planning Considerations: The main considerations in this application include:

Design 1. The bungalow in question is of a simple design and was erected as one of a pair with the next door cobblestoned bungalow in the sixties and no changes have been made to the property since being erected. The proposal involves erecting two extensions to the bungalow which are quite substantial in their entirety. The single storey rear extension which is to act as a dining room is acceptable and suitable and in an enclosed area, and therefore there is no significant concern regarding this element of the proposal. However, concern has been expressed by objectors and the Officer regarding the proposed scale of the side extension, and therefore, more information was submitted by the agent. It was noted that it was the intention of the applicant, who has been letting the bungalow as holiday accommodation in the past, to sell his current house and move to Yarnok on a permanent basis with a disabled parent. It was explained that the disabled parent needed care and that the bungalow in its current form was therefore unsuitable, and under the circumstances, they need to provide rooms that are suitable to wheelchair users including adapting the property in order to create an office for the applicant and a place for children to stay when visiting. It is noted that the existing garage is to be demolished and reerected, and the agent is therefore arguing that the habitable floor area is not doubling.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

2. While the extension is large, the design does not seem bulky or intrusive and its location in a concealed area by a boundary of trees to the north contributes to the fact that the single storey will not be visible from the north and would not stand out significantly from the southern direction since it will be low and will have a backdrop of trees. There is sufficient space surrounding the property and an open empty space to the front, with plenty of parking space, so it is not considered that the development is being squeezed into the plot and is not considered an overdevelopment.

3. On the whole, it is considered that the design of the proposed extensions is inkeeping and is sensitive in terms of the appearance of the simple bungalow. The proposal involves installing solar panels, which is favoured in order to ensure sustainable development. The plan shows that there is an intension to use brick and stone as a finish that adds interest and character to the design, with a slate roof and pebbledash on other areas to be inkeeping with the existing bungalow, these being suitable materials that conform to Policy B25.

4. When weighing up all the aspects of the design, although large, the design of the extension is inkeeping and is sensitive to the existing bungalow in terms of appearance. The materials are suitable and due to the concealed location, it will not have an unacceptable detrimental impact on the character of the village and it is therefore considered that the development meets most of the criteria of Policies B22 and B24.

Amenities 5. An objector expressed concern regarding the closeness of the side extension to their boundary, alleging that it would be intrusive and would prevent light. It has to be noted that no restriction exists in terms of building near a boundary and it is seen from the plan that a path around the extension would be retained. Not much emphasis can be put on the light argument in this case, considering that they are single storey extensions and that they will not rise above the ridge of the existing roof. There is a fence, hedges and mature trees along the side and rear boundaries of the property which mean that the site is enclosed and private and the single storey proposal also ensures the privacy of the property and the neighbours without overlooking. The agent’s comments have been noted that at most, it will be six persons that stay in this property at any given time and therefore it is not foreseen that there will be a substantial increase in traffic that would create significant harm to the amenities of the area. A significant change is not foreseen in the property’s drainage situation and therefore not much attention has been given to the objections on drainage grounds. It is therefore considered that the proposal complies with the criteria of Policy B23.

Trees 6. The agent has stated that some of the boundary trees that hang over the bungalow and that stand outside the boundary of the property will have to be cut back. Due to the tree’s positive contribution to the visual amenities of the area and as a screen to the proposed development, it is considered reasonable to impose a condition to ensure that a fence is installed during the development to protect the trees from harm.

Conclusions: Having weighed up the proposal in its entirety, it is considered that the development is acceptable in terms of design and amenities. Although the extension is larger, a reasonable explanation has been submitted by the agent explaining the needs of the family for a suitable space for a parent receiving care, and therefore an extension of this scale is justified and does not constitute overdevelopment of the site. Due to the concealed nature of the location, the

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION) development will not stand out intrusively and the appearance of the extensions is inkeeping with the existing bungalow. It is therefore considered that the proposal in its entirety conforms to the criteria of the Policies and is acceptable to be approved.

Recommendation : To approve – conditions – commence within 5 years, according to the plans, install fence to protect the trees during the development.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Number : 8

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Application Number: C11/0074/32/LL Date Registered: 27/01/2011 Application Type: Full Planning Community: Botwnnog Ward: Botwnnog

Proposal: CHANGE OF USE OF AGRICULTURAL COWSHED TO M.O.T. CENTRE AND VEHICLE REPAIR GARAGE Location: NANHORON FARM , NANHORON , PWLLHELI , GWYNEDD , LL538DL

Summary of the TO REFUSE Recommendation:

Description: It is proposed to change the use of an empty shed used to store agricultural feed and fertiliser to an MOT centre and vehicle repair garage. The shed’s surface area measures 167m² and it has been constructed from concrete and grey corrugated steel sheets and it is located in a central location in the middle of the farm buildings. The farm occupies a relatively elevated location in a wooded landscape and it is close to an existing wide entrance to the winding B44213 highway from where only the building’s roof is visible. The site is located within an Area of Outstanding Natural Beauty. The Planning Committee resolved on 28 February 2011 that the Committee should visit an adjacent site where an application has been made to use a farm building to store caravans and boats and it would be possible to inspect this application site at the same time.

Gwynedd Unitary Development Plan 2009: B8 To safeguard, maintain and enhance the character of the Area of Outstanding Natural Beauty by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features of the site. B23 Safeguard the amenities of the local neighbourhood by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features and amenities of the local area. C1 Land within town and village development boundaries and the developed form of rural villages will be the main focus for new developments. New buildings, structures and supplementary facilities in open countryside will be refused with the exception of a development which is permitted under another policy within the Plan. C4 Proposals to adapt buildings for reuse rather than demolish them will be approved provided they conform to specific criteria. These involve the suitability of the building for the proposed use, visual considerations and that the design respects the original building and the surrounding area. Buildings in the countryside must be permanent and structurally sound. They should be able to be adapted without substantial construction work. They should not disperse activities at a scale that would harm the vitality of towns and villages. CH33 – Development proposals will be approved if they can conform to specific criteria regarding the vehicular entrance, standard of the existing road network and traffic calming measures. CH36 - Proposals for new developments, extension of existing developments or change of use will be refused unless offstreet parking is provided in accordance with the Council’s current parking guidelines, and having given due consideration to the accessibility of public transport,

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION) the possibility of walking or cycling from the site and the distance from the site to a public car park. D10 Proposals to change the use of buildings to small scale industrial or business use will be approved provided the chosen location can be justified and they conform to specific criteria regarding the scale and nature of the development and the relationship of the development with nearby buildings/uses.

Supplementary Planning Guidance: Converting buildings in open countryside and in rural villages (2009)

National Policies: Planning Policy Wales 2011 (Edition 4) TAN 6: Planning for Sustainable Rural Communities

Relevant Planning History: C10D/0482/32/LL – Retrospective application to retain the use of two agricultural sheds to store caravans and boats – This application has been deferred by the Planning Committee in order to have a site visit before the Planning Committee on 11 April 2011.

Consultations:

Community/Town Not received Council:

Transportation Unit: This site is on a busy, large scale farm. In addition, a recent retrospective application has been submitted for the storage of boats and caravans. Whilst the access statement notes that the current activities and traffic movements are much less than the levels for 2010, there is no full explanation regarding why the associated traffic level would be less. The applicant suggests that the proposal would add approximately 6 vehicular movements per day. Assuming that the business will employ 2 members of staff, will attract sufficient vehicles to keep both in work and vehicles to deliver parts to repair the vehicles, I suggest that the increase in traffic is likely to be double the original figures. I am very concerned regarding the amount of activities taking place on this single site; therefore I recommend refusing on the grounds of road safety (an increase in traffic movements into and out of the site and the mix of traffic, e.g. milk tankers, agricultural vehicles, vehicles towing caravans and vehicles associated with the garage).

Policy: The Policy Unit lists the relevant National and Local policies as shown above, expanding upon the comments below: The location of the development : The building in question forms part of a cluster of farm buildings by the side of the B4413 highway. The site lies within the Llŷn AONB also. Nevertheless, as the building forms a cluster of existing farm buildings and as there are no substantial changes to the external appearance of the building, it is not believed that the development would have a detrimental impact on the AONB. The proposed development: The use in question falls within the B2 Class Use (General Industries). According to the Design and Access statement submitted with the application, there will be no substantial changes to the external appearance of the building. Nevertheless, I would have expected to see detailed plans showing the external appearance of the proposed development as part of the full planning application, along with a detailed

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

plan showing any associated external works (e.g. parking needs) and the development. The principle of the development and considerations: The principle of altering this building for industrial use is contrary to the requirements of Policy D10 (Converting buildings for industrial or business use). However, before considering these elements of the planning application, there will be a need to establish whether or not the building is suitable to be altered. The Supplementary Planning Guidance dealing with ‘Conversion of buildings in open countryside and in rural villages’, expands upon the type of buildings that are suitable to be converted in the countryside, along with the specific features that they should possess. If the case officer is of the opinion that the building is suitable for alteration, then the propriety of converting buildings in a rural location for the proposed use must be considered, taking specific account of the following: • Planning Policy Wales – Edition 4 (2011) • Technical Advice 6 Planning for Sustainable Rural Communities • Policy D10 (Converting buildings for industrial or business use), Gwynedd UDP. In terms of national planning guidance and the Gwynedd UDP, it is considered that the principle of the proposed development is acceptable. Nevertheless, the case officer will need to consider whether or not the proposed development meets the requirements of the policy and criteria, along with any other relevant policy in the UDP. Other matters: Parking and transportation considerations – As with any planning application for a development, it is important to consider parking, vehicular access to the site and the impact of the development on safe and unobstructed traffic flow along the nearby roads network. As such, it would be required for any planning application to comply with policy CH33 of the UDP. To this end, the observations of the Highways Officer will be vital in assessing the suitability of the proposed development against the requirements of policies CH33 and CH36 in terms of the access, the parking provision and road safety in general.

Public Protection Unit: Not received

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The consultation period ends on 4 March 2011 and three letters had been received objecting to the application when the agenda was being prepared: • The application results from ending the agricultural use. • It will have an impact on a number of similar businesses. • It is believed that such large sheds would not have new permission for the above use and the sheds should be retained for their original use, namely agricultural or they should be demolished as they are in a prominent site.

Additional Information:

An access statement was received with the application, along with a further letter expanding upon points relating to the likely use made of the entrance.

Material Planning Considerations:

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

The impact on the AONB 1. Policy B8 presumes against developments which are likely to have a substantial detrimental effect on the character and appearance of the AONB. As this is an application to change the current use of a building that forms part of a cluster of farm buildings, it is not anticipated that there will be any direct visual impact from the development – as all goods are to be placed indoors. Despite the fact that the highest point of the building can be seen, the activities of the garage would not be visible and therefore, they would not have a detrimental impact on the landscape of the AONB. Therefore, it is considered to be in accordance with the criteria in policy B8.

Impact on nearby residents 2. The application was advertised on the site and neighbouring residents were informed and three letters have been received objecting to the proposal on the grounds that approving the application will have a detrimental effect on similar businesses in the area and such sheds would not have been approved for the proposed use. It is realised that other sites with similar use to the proposal exist in the Llŷn area; however, it is believed that these are arguments regarding competition and, therefore, an application should not be refused for this reason. With regard to an alternative use of the building, it must be realised that policies C4 and D10 approve proposals to reuse structurally sound buildings in suitable sites for industrial use. No complaint was received regarding the effect of the use on neighbouring residents and it is not considered that the proposal is contrary to policy B23 of the GUDP.

The impact on road safety 3. The B4413 county road near the farm is a winding, steep and narrow road in places and although there is a wide entrance to the farm buildings, we must agree with the concerns of the Transportation Unit regarding the suitability of the road network to deal with the traffic flow deriving from the development. The applicant submitted details of the expected vehicular movements into and out of the site in his access statement. It is noted that the entrance was heavily used in the past during the farm’s busy periods and that the proposed development would reduce the use of the access substantially and anticipated approximately 612 vehicles entering and exiting the building in question on a daily basis. The additional information submitted by the applicant noted that there had been a substantial reduction in the farm activities recently, thus leading to an obvious reduction in the use of the entrance. He states that 1000 animals have been sold since 2010, therefore, the needs of the farm have changed, and now only approximately 1000 tonnes of silage is required, rather than 17,000 tonnes, and this reduces the movement of tractors by approximately 90%, reduces the movement in feed distributing vehicles by approximately 75%, the milk sales have reduced by 100% and the stock movements are down by 80%. It is alleged that there has been a 75% reduction in traffic movements since 2009 when the farm was at its peak, when 19 employees were employed and 2000 cattle were there – at that time there was a high density use of the entrance. The applicant alleges that no accident has happened from the entrance in question and he suggests that altering the shed into an MOT centre would be substantially lower than the farm movements in 2009.

4. On the other hand, the Transportation Officer states that he is very concerned about the number of elements taking place at the site and anticipates an increase in traffic movements entering and exiting the site, with a mix of transportation such as milk tankers, agricultural vehicles, vehicles towing caravans and boats and vehicles associated with the garage. Whilst the entrance to the unit is wide, it is not in an ideal location because of its proximity to winding and steep bends in the adjacent highway,

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

therefore, the suitability of the existing road to deal with the traffic flow is questioned, and developments that are likely to add to traffic to the site should not be encouraged. For these reasons, it is not considered that the proposal meets the criteria of policy CH33. The Transportation Officer is very concerned about the proposal and recommends refusing the application on the grounds of road safety.

Adapting buildings for reuse 5. Planning Policy Wales (2011) states that LPAs should adopt a positive approach towards altering rural buildings for reuse for business purposes, in particular those buildings located within a cluster of farm buildings. The building in question is in a central location in the farmyard and it a structurally sound building of a reasonable size and which has been used until fairly recently, therefore, it is likely to be suitable for use as an MOT centre. There will be no change to the building as a result of the development or external activities that will be visible and harmful to the character of the area; therefore, the proposal meets the relevant criteria of policies C4 and D10. Policy D10 approves proposals to use buildings for industrial or business uses as priority is initially given to smallscale economic use, if the location chosen can be justified and if specific criteria can be complied with. It is understood that a mechanic from a garage in Sarn wishes to relocate his MOT and vehicle repair business to the building; therefore, it could be argued that this will lead to losing a resource from the village that could be harmful to him, and criteria 5 of policy C4 presumes against that. Obviously, the proposed use is considered as economic use and on the whole, it is considered that the site and buildings intended to be used are suitable for the scale and nature of the proposal and satisfy the policy objectives. It is understood that there have been negotiations between the mechanic from the garage in Sarn and the applicant; however, the applicant emphasises in the additional information that the application is not dependent upon moving the business from Sarn but rather on the need for the farm to diversify its business so as to continue to be a viable business and offer an opportunity to local workers.

Conclusions: As the proposal asks to change the use of an existing building, with the activity located inside the shed, it is not anticipated that there will be an impact on the AONB and no objection was received from nearby residents on the grounds of amenities. The proposal conforms to alteration policies from the perspective of using suitable and sound buildings; however, the practicality and sustainability of locating a business of this type in a rural location is questioned. The existing road network and the location of the entrance near steep bends is not ideal and it is difficult to believe that the unit would not encourage a potential increase in traffic that could happen as a result of the new proposed developments; therefore, it is considered that road safety concerns outweigh any other considerations.

Recommendation: To refuse – The existing road network is not of a sufficient standard to deal with the traffic flow that is likely to derive from the new development; therefore, the proposal is contrary to Policy CH33 and the relevant clause of Policy D10 of the Gwynedd Unitary Development Plan.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Number : 9

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Application Number: C11/0113/11/LL Date Registered: 26/01/2011 Application Type: Full Planning Community: Bangor Ward: Deiniol

Proposal: ERECTION OF THREE STOREY BUILDING TO CREATE A CARE HOME, CREATE VEHICULAR ACCESS, CREATION OF PARKING SPACES AND LANDSCAPING WORKS Location: LAND ADJACENT TO DEAN STREET , BANGOR , PWLLHELI , GWYNEDD , LL57 1UT

Summary of the TO DELEGATE THE POWER TO THE PLANNING MANAGER TO Recommendation: APPROVE THE APPLICATION .

Description: An application for permission to erect a building for specific use as a care home along with creating a new vehicular access, creating parking spaces and landscaping the site.

The proposal would involve erecting a three storey building of bricks and render with a slate roof on the site, creating parking spaces for 23 vehicles (two allocated spaces for the disabled) and a new vehicular access off Dean Street and vast landscaping work within the site. Also, an external bin store and a space to park scooters have been noted.

The proposed use involves creating and providing sixty en-suite bedrooms along with other associated provisions, including day rooms, kitchen/dining room, hair salon, nurse’s rooms and other associated rooms.

The site is in a prominent location adjacent to the city centre, parallel to the Garth Road and Dean Street junction, on land that has been cleared of its previous use and that has been empty since its last use.

The site abuts a Conservation Area along the north boundary and there is established growth of mature trees along the boundary.

There are various buildings within the adjacent area in terms of use, design and size, including a supermarket, chapel, church, the University's buildings and a public car park.

The site is within the city’s development boundaries designated as a subregional centre in the Gwynedd Unitary Development Plan.

Relevant Policies:

Gwynedd Unitary Development Plan 2009:

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Policy B3 A development affecting the setting of a listed building – Ensure that proposals have no adverse effect on the setting of Listed Buildings and that they conform to a number of criteria aimed at safeguarding the special character of the Listed Building and the local environment.

Policy B4 – Development within or that affects the setting of Conservation Areas Ensure that proposals within conservation areas, or which affect their setting, are refused unless they aim to maintain or enhance the character or appearance of the conservation area and its setting.

Policy B25 – Building materials Safeguard the visual character by ensuring that the building materials are of high standard and inkeeping with the character and appearance of the local area.

B29 - Developments on land where there is a flood risk – Managing specific development in flood zones C1 and C2 and directing them towards suitable land in zone A unless they conform to a series of criteria relevant to the features of the site and to the purpose of the development.

Policy C1 Locating new developments – Land within town and village boundaries and the developed form of rural villages will be the main focus for new developments. New buildings, structures and supplementary facilities in open countryside will be refused with the exception of a development which is permitted under another policy within the Plan.

Policy C3 – Reusing previously developed sites – Proposals which give priority to the use of land or buildings previously developed and located within or adjacent to development boundaries will be permitted if the site or the building and use are appropriate.

Policy C7 Building in a sustainable manner – Proposals for new developments or for adapting and changing the use of land or buildings will be refused unless consideration is given to specific environmental matters. Proposals must conform to specific criteria regarding sustainable buildings, unless it is not practical to do so. Proposals must conform to specific criteria regarding sustainable building, unless it is not practical to do so.

Policy CH30 – Access for all – Refuse proposals for residential/business/commercial units or buildings/facilities for public use unless it can be shown that full consideration has been given to the provision of appropriate access for the widest possible range of individuals.

Policy CH33 – Safety on roads and streets Development proposals will be approved if they comply with specific criteria involving the vehicular access, the quality of the existing roads and traffic calming measures.

Policy CH36 – Private car parking facilities Proposals for new developments, extension of existing developments or change of use will be refused unless offstreet parking is provided in accordance with the Council’s current parking guidelines and having given due consideration

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION) to accessibility of public transport, the possibility of walking or cycling from the site and the distance from the site to a public car park.

Policy CH41 – Residential and Nursing Homes – Proposals for new nursing homes are approved providing they conform to a series of criteria relating to accessibility, highways considerations, visual and environmental impacts, the fact that the site or the building has to be within the development boundary and the fact that no development should lead to too many similar establishments in one specific area.

National Policies:

Planning Policy Wales (Edition 4 February 2011)

Paragraph 4.10 – Promote sustainability through good design

Paragraph 4.11 – Planning for Sustainable Buildings

Paragraph 6.5.9 – Listed Buildings

Paragraph 6.5.17 – Impact on Conservation Areas

Paragraph 8.7.1 – Development Control and Transport

Paragraph 13.2 – Flood risks and climate change

Paragraph 13.4 Development Control and Flood Risk

Technical Advice Note 12: Design

Technical Advice Note 15: Development and Flood Risk

Technical Advice Note 18: Transportation

Technical Advice Note 22: Planning for Sustainable Buildings

Relevant Planning History:

Application C08A/0615/11/LL – relocating an existing electricity substation from within a building to a separate location – approved 13.01.2009

Application C06A/0727/11/LL – demolish the current building and erect 52 flats and 83 parking spaces (resubmitted planning application) – approved 26.02.2008.

Application C04A/0656/11/LL – erect a building to create 52 flats (amended application to a previous application that was refused) – refused on appeal 11.04.2006.

Application Number C03A/0191/11/LL – erect 60 flats and adapt the existing entrance – refused on appeal 04.08.2004

Consultations:

Bangor City Council No objection.

Building Control: Not received at the time of preparing the report.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Transportation Unit: Conditions and standard advice in relation to the access, parking provision and work on the highway.

Environment Agency: Comments in relation to Flood Consequence Assessment and relevant conditions.

Welsh Water: Standard response with relevant conditions associated with surface water drainage etc.

Archaeological Trust: Standard response suggesting imposing a condition in relation to recording archaeological remains.

Fire Service: No observations.

Social Services Department: Comments regarding the proposal, and an objection to the submitted plans due to being contrary to the Council’s Extra Care Housing strategy.

Tree Officer: Suggest improving the landscaping scheme for the site and ensuring the safety of nearby trees.

Access Officer: Observations on the proposal and suggestions in relation to additional provisions.

Policy and Performance Unit Observations in relation to relevant policies.

Public Protection Unit: Not received at the time of preparing the report.

Public Consultation: The application was advertised by placing a public notice on the site, sending consultation letters to nearby neighbours and placing an advertisement in the local press. No observations were received regarding the proposal, and the consultation period ended on 10 March.

Additional Information:

To conform to current legislative requirements, the following information was submitted in the form of formal documents.

• Design and Access Statement – it is considered that the document as submitted is acceptable and that its content has been considered. • BREEAM Sustainability Assessment – this assessment states that the proposal would reach the ‘very good’ scale. • Language and Community Impact Assessment – this document on the impact of the development on language and community matters within the area was submitted. This report is being assessed by the Policy and Performance Unit at the time of writing this report.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Material Planning Considerations:

Design and impact on the visual amenities of the area

1. This site is a partly developed site due to the demolition of previous buildings and clearance work according to planning application C06A/0727/11./LL. Since undertaking this work, the site has stood empty. As already referred to, the site is in a conspicuous location and abuts a conservation area. Also, grade II listed buildings abut the site. Compared to the previous planning approval granted to erect 52 flats on the site, this proposal, due to its size, is less likely to have a detrimental impact on the amenities of the area, including the conservation area and adjacent listed buildings. The proposed building is threestoreys high compared to the previous development that was approved, which was a combination of 2/3/4 storeys. There is a distance of 7m compared to the previous 3m between the part of the building nearest to the northern boundary, namely the boundary of the conservation area, and the presence of one of the listed buildings. This proposal, compared to the previous development which was approved, is less in size and therefore it is unlikely of having a greater detrimental impact than that of the previous development on the visual amenities of the area, including the conservation area and the adjacent listed buildings. It is therefore considered that this proposal is acceptable since there are common elements to the proposal in terms of materials (brick, render, slate roof) and the nearest buildings. It therefore complies with the requirements of Policies B22 and B25.

2. This site is already a developed site and is located within the Bangor development boundary. The proposal therefore complies with the requirements of Policies C1 and C3. Its location is relatively central and within close proximity to local services and transport links. Taking this into account, including the information stating that the development is accessible to all, it is considered that the development conforms to the requirements of Policy CH30.

Flood risk

3. This site is within a C2 zone, namely an area at risk of flooding. Despite this, the Environment Agency has stated that there would be no danger for the building and site in terms of flooding since the Flood Result Assessment suggested specific conditions to ensure that the requirements are adhered to. It is therefore considered that the proposal complies with policy B29.

Sustainability and Highways Matters

4. An application of this scale has to conform to building standards and requirements in a sustainable manner. A report has been submitted referring to a means of meeting these requirements and therefore it is considered that the proposal is in accordance with Policy C7.

5. The proposal anticipates the need to create a new vehicular access off Dean Street. A similar access to this site was approved as part of he previous application, and therefore it can be considered that this proposal would be acceptable since the principle of creating a new vehicular access has already been accepted and approved, and, by imposing specific conditions regarding creating and completing an acceptable access and having sufficient parking facilities within the site, the proposal would conform to Policies CH33 and CH36.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Residential Home

6. The proposal involves creating a new residential care home. The floor plans show the internal layout with en-suite bedrooms of the expected size and standard for a residential care home. It is considered that the proposal complies with the requirements of policy CH41.

7. The Social Services Department’s official observations stated that it was its long term strategy to see developments in the form of Extra Care Housing rather than traditional residential care homes. To avoid doubt, extra care housing provides selfcontained living units; units with bedrooms, kitchens, bathrooms etc. Although this development does not offer his type of provision, it does seem to offer more than what is traditionally offered in residential care homes in the fact that they offer en- suite rooms. This adds to the ability of the residents to live more independently than in other homes.

8. The observations of the Social Services Department have been directed to the Developer. Should it be possible to agree on an arrangement or a provision that would satisfy the Social Services Department, these changes could be included in this application and the exact arrangements could be agreed through delegated rights granted to officers.

Language and Community Assessment

9. A detailed report was submitted in relation to the above, which was fully assessed by the authority’s policy and performance unit. The conclusions stated that the proposal offered new facilities in Bangor, that it would possibly release public/private housing to meet specific needs, and the economic benefit due to locating this proposed development in the centre of Bangor.

10. In relation to the Welsh language, it is acknowledged that a significant percentage of the population in the Bangor wards is Welsh speaking, especially so amongst the older age group. Should the proposed development meet specific care needs for local people that are not provided presently in the area, then this development is not likely to have a detrimental impact on the Welsh language.

Conclusions:

The site is located within the Bangor development boundary as noted in the Gwynedd Unitary Development Plan. The site has already been developed and has received approval to be developed for residential use. The development’s principle has already been approved in a previous application which was relatively similar to the content of this proposal. This proposal is smaller in size in terms of the building compared to what has already been approved. It is therefore considered to be a development which has less impact on the visual and urban amenities of the area.

It is located in close proximity to the city centre and public transport links, which is sustainable and beneficial to residents in terms of the distance from local services such as shops, places of worship, doctor surgeries etc.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

The proposed use is acceptable but there is an intention of holding further discussions regarding including an element of extra care provision. The principle of this type of use is acceptable and in accordance with local and national policies and guidance.

Recommendation:

To delegate the right to the Planning Manager to approve the application subject to holding further discussions between the developer and the Social Services Department – conditions – commence within 5 years, develop according to submitted plans, materials, complete access and site parking provision, landscaping, drainage, comply with BREEAM sustainability standards.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Number : 10

Application Number: C11/0171/46/LL Date Registered: 16/02/2011 Application Type: Full Planning Community: Tudweiliog Ward: Tudweiliog

Proposal: CONSTRUCT AFFORDABLE DWELLING HOUSE Location: PLOT TO THE EAST OF GARAGE WORKSHOP , LÔN FUDR , DINAS , PWLLHELI , GWYNEDD LL538SR

Summary of the TO REFUSE Recommendation:

Description: The proposal involves erecting an affordable dwelling. The house would be a twostorey dormer dwelling and would measure externally approximately 12 metres by 6.4 metres and would be 6 metres high. It is proposed to finish the external walls of the house with render or paint and it is proposed to cover the roof with slate. The house would include a kitchen/dining room, living room and shower room on the ground floor and three bedrooms and a bathroom on the first floor.

The site is located in the rural village of Dinas as designated in the GUDP. It also lies within a landscape conservation area. To the west of the site there is a workshop/ garage and to the east there is a dwelling. A field lies to the north and towards the south and at a lower level than the site there is a class 3 highway. Currently, there is no access to the site from this highway.

B22 – Promote good building design by ensuring that proposals conform to a series of criteria relating to safeguarding the recognised features and character of the local landscape and environment.

B23 Safeguarding the amenities of the local neighbourhood by ensuring that proposals must conform to a series of criteria which aim to safeguard the recognised features and amenities of the local area.

B25 – Safeguard the visual character by ensuring that the building materials are of high standard and in keeping with the character and appearance of the local area.

C7 Proposals for new developments or for adapting and changing the use of land or buildings will be refused unless consideration is given to specific environmental matters.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Proposals must conform to specific criteria regarding sustainable building, unless it is not practical to do so.

CH5 To approve a residential development which includes one or two units only in a Rural Village on specific sites if it conforms to criteria relating to local need for the development, effect on the landscape and the specific features of the site.

CH33 – Development proposals will be approved if they comply with specific criteria involving the vehicular access, the quality of the existing road network and traffic calming measures.

CH36 – Proposals for new developments, extension of existing developments or change of use will be refused unless offstreet parking is provided in accordance with the Council’s current parking guidelines. Consideration will be given to accessibility of public transport, the possibility of walking or cycling from the site and the distance from the site to a public car park. In circumstances where there is an assessed need for offstreet parking and when the developer does not offer parking facilities on the site, or where it is not possible to take advantage of the existing parking provisions, the proposals will be approved provided the developer contributes to the cost of improving the accessibility of the site or providing the number of parking spaces on another nearby site.

Supplementary Planning Guidance: Affordable Housing (November 2009)

National Policies: Planning Policy Wales (fourth edition, February 2011) Technical Advice Note 6: Planning for Sustainable Rural Communities Technical Advice Note 12: Design Technical Advice Note 22: Sustainable Buildings

Relevant Planning History: C06D/0253/46/LL – Construction of bungalow with integral garage – Land near Yr Hen Ysgol, Lôn Fudr, Dinas – refused 4 August 2006. The refusal was appealed and the appeal was dismissed on 15 May 2007. At that time the grounds for refusal involved the fact that the site was within the built development area of Dinas where there was a presumption against approving permissions for individual houses unless there was a need for the development to satisfy local need that could not be satisfied by other provisions of the Local Plan and that the site is on land adjacent to an industrial unit where nuisance is created because of odours and noise emanating from the work of vehicle repairs and spraying and, therefore, constructing a house on the site was contrary to planning principles and would lead to possible complaints on nuisance grounds.

Consultations:

Community/Town Council: Support

Transportation Unit: Suggest several conditions that should be included on a planning permission from the perspective of the access and parking spaces.

Environment Agency: Not received

Welsh Water: As the applicant intends to use a private treatment plant, it is recommended that he contacts the Environment Agency a they could have an input in terms of regulating this type of drainage method.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Affordable Housing Officer: I will not be undertaking a need assessment since it is not believed that the site is suitable in terms of planning considerations that are wider than the affordable issue.

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The advertising period ends on 6 April 2011 but no response had been received when preparing the agenda. Additional Information: The application is submitted to Committee at the Local Member’s request.

A design and access statement was received with the application, along with details of how the proposal would achieve Level 3 of the Sustainable Homes Code.

Material Planning Considerations: The principle of constructing a house on the site 1. Dinas has been designated a rural village in the GUDP and, therefore, policy CH5 of the GUDP is relevant in terms of erecting a new house. This policy states that proposals will be approved for residential developments that include one or two units only in rural villages and those proposals will have to comply with all the criteria within policy CH5. Amongst these criteria there is the need for the site to be an infill site between buildings highlighted on the relevant inset map, or a site immediately adjacent to a highlighted building. Although the site of the current application is an infill site between two existing buildings, those buildings have not been highlighted on the inset map for Dinas in the GUDP and, therefore, approving the proposal to erect a house on the site would be contrary to criterion 2 of policy CH5.

2. Criterion 3 of the same policy states that a proposal should not create an intrusive feature in the countryside or create a fragmented development pattern, or create a ribbon development, contrary to the general development pattern of the settlement. In terms of this particular criterion, it is not considered that the proposal would create an intrusive feature in the countryside as it would be located amongst other buildings and, therefore, it would not stand out in the landscape. However, it would contribute towards the ribbon form of development that is seen in this part of Dinas as a consequence of comparatively recent permissions for new houses in this part of the settlement.

3. Criteria 1, 4 and 6 of Policy CH 5 deals with the need to prove local community need for an affordable house; that the size of property reflects the specific need for an affordable house from the perspective of the general size of the property and the number of bedrooms and also that there are appropriate arrangements available to restrict the occupancy of the house in the first instance and in perpetuity for those with local community need for an affordable home. A need assessment form was sent to the applicants to be completed to see whether they conform to local community need for an affordable home. However, it should be noted that the Affordable Housing Officer has stated in his observations that he will not be undertaking a need assessment since the proposal is not acceptable in terms of planning requirements that are wider than the affordable issue. The applicants have submitted a letter as part of the application, stating that currently they live in a caravan in Edern and one of the applicants has been residing there for seven years. They state that they have been looking in the local housing market for the past year and have viewed many of those properties in the area, mainly in Edern and Dinas. It appears that they have been concentrating on this locality as their family are there and also their work. However, no details of the houses that they have viewed have been submitted or an explanation of why those houses were unsuitable and there are no details either of the applicants’

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

work and the location of their work. In this case, it is considered that it is important to receive this information as a result of the appeal decision on the previous application where the Inspector had placed much emphasis on the sustainability aspect in terms of considering the journey to work and Planning Policy Wales in paragraph 9.3.2. still states that expanding housing developments in rural settlements and small towns should be avoided if it is likely to lead to an unacceptable increase in the demand for travelling to urban centres and if it is unlikely that travelling needs will be served well by public transport. The size of any affordable house depends on the needs of the occupiers in terms of bedrooms and this then determines the internal floor area of the property. In accordance with the Council’s Supplementary Planning Guidance: Affordable Housing, the maximum size of an affordable twostorey three bedroom house will be 100m 2. The design submitted for the house in question shows a three bedroom house with an internal floor area of approximately 101m 2 and it is considered from this aspect that the house, if it is proved that the applicants need a three bedroom house, is acceptable in terms of size. Also, if it is decided to approve the application, it will have to be ensured that the property is bound by a section 106 agreement for local community need for an affordable house.

Locating a house near an industrial site 4. One of the reasons for refusing the previous application on the site was that the site is located on land adjacent to an industrial unit where nuisance is created because of odours and noise emanating from a vehicle repair and spraying business and erecting a house on the site would be contrary to planning principles and would lead to possible complaints on the grounds of nuisance. In the previous application, the owner of the business had expressed that occupiers of the houses in future were likely to complain about activities and this would be devastating for the business, whilst a letter was submitted by him regarding the present application stating that he has no objection to the proposal. In the appeal to the previous application, the Inspector agreed with rejecting the application since it was on land adjacent to an industrial unit. In the Inspector’s opinion, it would be likely that complaints from residents would be as a consequence of traffic, noise and other nuisances and although approving planning permission for a house to the west of the garage in May 2006 by the Council had not been raised by the Inspector, it is not a sufficient reason for disregarding this consideration. The Inspector was also of the opinion that erecting another dwelling adjacent to the garage could jeopardise the business and employment and, therefore, the operation of a small business in a rural area that provides employment and a service for the locality should not be undermined. In his statement, the Inspector referred to paragraph 9.3.2 of MIPPS 0/6 that stated that residential developments in the vicinity of existing industrial uses should be restricted if the existence of the houses is likely to lead residents to attempt to curtail the industrial use. This now is included in paragraph 9.3.2 of Planning Policy Wales and, therefore, it is still as relevant to the current application. Therefore, although a letter has been received from the owner of the business stating that he has no objection to the proposal of erecting a house on the site, in essence the situation remains the same as it was when the previous application was refused on appeal in 2007 and there would be implications for the business if a house is approved on the land in question.

Design 5. In terms of its design, it is considered that the proposed house would be inkeeping with the nearby houses and as a result of it being located between two buildings, one being a dwelling and the other a business, it is not considered that it would have a detrimental effect on the visual amenities of the area that is also a landscape conservation area. It is also considered that the materials intended to be used for finishing the external walls and the roof of the building is inkeeping with the

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

surrounding area. It is therefore considered that the proposal is acceptable in relation to Policies B10, B22 and B25 of the GUDP.

Roads 6. The property would be served by a class 3 highway that runs alongside the southern boundary of the site. The road is at a lower level than the site. However, no plan showing the layout of the site has been submitted with the application and, therefore, there is no plan showing where exactly on the frontage with the highway the entrance will be located. Also, since no site plan has been submitted, there are no details of the number of parking spaces and the location of the turning space within the site although the design and access statement states that there would be two offroad parking spaces and a turning space within the site to enable cars to leave the site in a forward gear. The Transportation Unit has specified several conditions to be imposed on any planning approval. However, as the application is a full planning application, it is considered that a plan should be on file showing the location and details of the access, parking spaces and turning space in order to fully assess the proposal against the requirements of policies CH33 and CH36 of the GUDP.

The amenities of nearby residents 7. It is not considered that the proposal would create overlooking or the loss of privacy for any neighbouring property and, therefore, the proposal would not have a detrimental effect on the amenities of neighbouring residents and, therefore, it complies with Policy B23 of the GUDP.

Sustainability 8. As part of the application, an assessment was received from the perspective of compliance with Code 3 of the Code for Sustainable Homes. This assessment shows that it is anticipated that the proposed house would reach Level 3 of the Code and if the application is approved a condition will need to be imposed to ensure that the finished house achieves Level 3. It is considered that if this is undertaken that the proposal is acceptable in terms of Policy C7 of the GUDP that deals with building in a sustainable way.

Sewage Treatment 9. It appears that the applicant will use a private system for sewage treatment and details of the percolation tests were received as part of the application. However, the plans submitted do not show the location of the sewage treatment system and neither were details received of the treatment system. The applicant has been contacted and the above details are awaited. Conclusions: Dinas has been designated a rural village in the GUDP. However, from the aspect of policy CH5, any new house will have to be on an infill site between buildings that have been highlighted on the relevant inset map or a site directly nearby a building that has been highlighted. In the case of the current application, the site is not located between buildings that have been highlighted or located directly nearby a building that has been highlighted and, therefore, the proposal is contrary to Policy CH5 of the GUDP. From the aspect of conforming to the aspect of community need for an affordable house in policy CH5, a further response is awaited from the applicant and also full observations from the Affordable Housing Officer in terms of the need aspect.

The site is located near a commercial workshop / garage. A letter was received from the owner of the business stating that he has no objections to the current application. However, in essence, it is not considered that anything has changed in terms of this aspect since the previous application when it was considered that approving the application on the site was

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION) likely to lead to complaints from the residents emanating from traffic, noise and other nuisances that could undermine the operation of the small business in a rural area.

Further details are awaited from the applicant in respect of the details and location of the private waste treatment system, a site plan to see the exact layout of the site and also the proposed ground levels and the house.

Recommendation To refuse – The site is not an infill site between buildings that have been highlighted on the inset map for Dinas or a site immediately nearby to a building that has been highlighted on the map and, therefore, the proposal is contrary to Policy CH5 of the GUDP; the site is located on land adjacent to an industrial unit where a nuisance is created because of odours and noise from a vehicle repair and spraying business and constructing a house on the site would be contrary to planning principles and would lead to possible complaints on nuisance grounds.

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Number : 11

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

Application Number: C11/0228/14/R3 Date Registered: 09/03/2011 Application Type: Regulation 3 Community: Caernarfon Ward: Menai (Caernarfon)

Proposal: EXTEND BUILDING TO CREATE 2 ADDITIONAL CLASSROOMS TOGETHER WITH DEMOLISHING AN EXISTING SUBSTANDARD BUILDING Location: YSGOL SYR HUGH OWEN , BETHEL ROAD, CAERNARFON, LL55 1HW

Summary of the TO DELEGATE THE RIGHT TO APPROVE Recommendation:

Description: This is a Regulation 3 proposal, submitted on behalf of the Education Director by the Gwynedd Consultancy Service to demolish one of the school’s buildings (on the grounds of structural damage) and to create two new classrooms and one equipment room and store on the west elevation of the building that was approved by the Planning Committee in November 2010. The site is located to the rear of the school and to the east of established housing located nearby Ysgubor Wen Road.

The design and fabrication of the extension reflects the previous building/extension with a sedum roof, self finishing boards, rendered panelled walls, brick plinths and white upvc windows along with painted steel columns. The extension will measure 10m in width and 21.5m in length with a height of 5m. The existing external compound will be relocated opposite the school's western boundary adjacent to the new extension.

Gwynedd Unitary Development Plan 2009:

POLICY B23 – AMENITIES Safeguard the amenities of the local neighbourhood by ensuring that proposals must conform to a series of criteria aiming to safeguard the recognised features and amenities of the local area.

POLICY B24 – CHANGING AND EXTENDING BUILDINGS WITHIN DEVELOPMENT BOUNDARIES, RURAL VILLAGES AND RURAL AREAS Ensure that proposals for adaptations or extensions to buildings conform to a series of criteria aimed at protecting the character and amenity value of the local area.

POLICY B25 – BUILDING MATERIALS Safeguard the visual character by ensuring that the building materials are of a high standard and in keeping with the character and appearance of the local area.

POLICY CH37 EDUCATIONAL, HEALTH AND COMMUNITY SERVICES Development proposals for new facilities associated with education, health and the community or extensions to existing facilities will be approved provided that they conform to

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION) a series of criteria regarding the location of the proposal, its accessibility using different modes of travel, together with highway issues, the design of any new school and the effect on a specific town centre.

National Policies: Technical Advice Note 12 Design (June 2009).

Relevant Planning History: Application Number C10A/0536/14/R3 retention of temporary building, extension to create additional classroom and improvements to the external appearance of the building approved in November, 2010.

Application Number C07A/0424/14/R3 temporary permission to locate temporary classroom approved in July 2007.

Consultations:

Community/Town Council: Not received

Transportation Unit: Not received

Environment Agency: Not received

Welsh Water: Not received

Public Protection Unit: Not received

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The advertising period ends on 15/04/11 and no response had been received when preparing the agenda.

Additional Information:

According to the requirements of TAN 12 on “Design”, the applicant has submitted a design and access statement that refers to the five main principles of design, namely environmental sustainability, movement, character, community safety and access. It is considered that the content of the statement reflects the nature and the scale of the proposal.

Material Planning Considerations:

1. Residential amenities – the extension in question is located in the northwest corner of the school curtilage adjacent to the school playing fields and established housing which are located along the Ysgubor Wen road within a cul-de-sac . Considering that the building is already part of the school curtilage and although the new extension will be a little closer to the residential properties mentioned above, it is not considered that this most recent proposal is likely to have a detrimental effect on the residents of these houses to such an extent that objecting to the application is inevitable. It is therefore believed that the proposal complies with Policy B23 of the Unitary Development Plan (safeguarding the amenities of the local neighbourhood).

2. Visual amenities – the current appearance of the building resembles that of a temporary building and the intention in submitting this application and the previous application is in order to comply with the current standards, especially thermal

PLANNING COMMITTEE DATE: 11/4/2011 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION & PUBLIC PROTECTION)

standards. It is hoped that the proposal improves the physical appearance of the building and also improves the education facilities within the school. The proposal therefore complies with Policy B22 (Building Design), Policy B24 (changes to buildings) and B25 (building materials) of the Unitary Development Plan.

3. Educational facilities – planning applications which develop new facilities for education, health and the community are encouraged, or extensions to existing facilities, if they conform to various criteria which relate to location, access, highways matters, design and impact on a specific town centre. In view of the above matters, it is considered that this proposal complies with the contents of this specific policy.

Conclusions:

Considering the above assessment, it is considered that the submitted proposal conforms to the relevant policies and to the advice and guidance of the Welsh Assembly Government. It is therefore considered that the proposal is acceptable on the ground of location, scale, design, materials and use. It is hereby noted that planning approval will not be required to demolish one of the school's buildings although it has been included in this application.

Recommendation:

To delegate the right to the Planning Service Manager to approve the application subject to the end of the advertising period – conditions – commencement of work and according to plans submitted.