PWYLLGOR CYNLLUNIO DYDDIAD: 17/06/2013 SIAMBR DAFYDD ORWIG PLANNING COMMITTEE DATE: CHAMBER CAERNARFON

EITEM CAIS RHIF CYMUNED LLEOLIAD ITEM APPLICATION COMMUNITY LOCATION NUMBER

1 C09A/0396/18/AM Llanddeiniolen Tir Ger / Land Near, Teras Fictoria / Victoria Terrace, Deiniolen 2 C11/1077/16/LL Llandygai Plas y Coed, Bangor 3 C11/1082/16/CR Llandygai Plas y Coed, Bangor 4 C12/1580/44/AM Porthmadog Storfa Cyngor, Penamser, Porthmadog 5 C12/1611/44/LL Porthmadog Tir ger / Land by Gelert Ltd, Ffordd Penamser Road, Porthmadog 6 C13/0102/09/LL Tywyn TirYFarchnad/TheMarketLand,SandilandsRoad, Tywyn 7 C13/0404/46/LL Tudweiliog Moel y Berth Caravan Site, Llangwnnadl 8 C13/0413/18/AM Llanddeiniolen Ddol Farm, Bethel, Caernarfon 9 C13/0445/08/LL Penrhyndeudraeth Siop Pierce, Stryd Y Banc, Penrhyndeudraeth 10 C13/0507/22/LL Llanllyfni 1, Tan y Bont, Ffordd Clynnog, Penygroes, Number: 1 Application Number: C09A/0396/18/AM Date Registered: 26/08/2009 Application Type: Outline Community: Llanddeiniolen Ward: Deiniolen

Proposal: RESIDENTIAL DEVELOPMENT TOGETHER WITH CREATION OF A NEW VEHICULAR ACCESS Location: LAND NEAR VICTORIA TERRACE, DEINIOLEN, CAERNARFON, GWYNEDD, LL553LT

Summary of the TO DELEGATE POWERS TO APPROVE SUBJECT TO THE APPLICANT Recommendation: SIGNING A SECTION 106 LEGAL AGREEMENT FOR THE PROVISION OF AN ELEMENT OF AFFORDABLE HOUSING.

1. Description:

1.1 This is an outline application to construct 27 residential houses on a plot of land located to the north-west of the village of Deiniolen, along with creating a new access from the adjacent class III county road and undertaking drainage and landscaping work. The houses facing the county road would have individual pedestrian accesses to the pavement which will be provided by the developer and this will be located along the front of the site with the adjacent road (although a section of the proposed pavement, with the co-operation of the applicant, has already been created by the Council as part of a scheme to improve the safety of pedestrians in the area around the primary school). In addition, a footpath will be provided near the highest part of the eastern boundary of the site to link the estate with the footway of the class III county road and the nearby school.

1.2 Since submitting the original application, the size of the site has been reduced from 0.99ha to approximately 0.80ha as the western section of the site has been earmarked as a biodiversity improvement area to reduce surface run-off. There are residential houses to the north of the site, including a terrace (Victoria Terrace) and individual houses; the primary school is located to the east; a housing estate is located to the south (Pentre Helen) and open farmland is located to the west. The site has been earmarked in the Unitary Plan and a Development Brief (November 2009) has been prepared for the site to correspond with the designation.

1.3 Currently, the site is used for grazing with the land sloping towards the south from a height of 218m above ordnance datum to 210m above ordnance datum near the boundary with Pentre Helen. A public sewer and mains water pipe cross the site along with natural water courses and the site is currently served by an agricultural access from the county road.

1.4 The proposal includes four types of houses, varying from a four person, two bedroom house to a house for seven persons with four bedrooms and of the 27 houses, five of them would be affordable (18% of the total). This mixture of housing is based on a housing needs assessment in the community with a substantial demand for two and three bedroom houses, i.e. first homes for local families. The design of the development has been planned on the basis of a ribbon development which is typical of this part of the village, along with additional houses located more informally at the rear of the site. There is a 6m strip of protection zone for the water pipe and the public sewer on the lower half of the site and an open recreational amenity space will be created along the protection zone of this sewerage pipe.

1.5 Although this is an outline application, plans have been received showing the external elevations of the houses and these show a mixture of external materials which include brick and coloured render for the walls with natural slate roofs and Upvc windows/ doors. The houses have been set on the site so that they are accessible for the occupiers but their location has also been controlled by the location of the public sewer, the mains water pipe and the natural water courses crossing the site along with the location of the water attenuation chambers. Every house has its private amenity area and parking space off the estate road. Engineering work will have to be undertaken to change the current topography in order to create plateaux for the houses, parking spaces and the estate road.

1.6 In accordance with the requirements of Technical Advice Note 12 on Design, (June 2009), an access and design statement was submitted with the application (updated in July 2012), to include issues involving an amended site plan, rough plans of the elevations of the houses, cross-sections of the site in relation to the location of Victoria Terrace, a drainage report, an ecological report and a housing needs survey. The statement refers to the five statutory headings and it is believed that its content reflects the nature and scale of this outline application. In accordance with the requirements of the Development Brief, plans and a surface water drainage assessment were submitted with the application, along with consideration to ecological features and a local housing provision survey.

2. Relevant Policies:

2.1 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.

2.2 Gwynedd Unitary Development Plan 2009:

POLICY B20 – SPECIES AND THEIR HABITATS THAT ARE OF INTERNATIONAL AND NATIONAL IMPORTANCE Proposals that are likely to cause unacceptable disturbance or harm to protected species and their habitats will be refused unless they can conform to a series of criteria aimed at safeguarding the recognised features of the site.

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

POLICY B23 – AMENITIES 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. POLICY B25 – BUILDING MATERIALS The visual character of the Plan area will be protected by ensuring that only natural Welsh slates or slates that are similar in terms of appearance, colour and weathering properties are permitted on roofs, except in circumstances in which the type of building or its particular setting, or the sustainability benefits, are such that another material would be appropriate. In respect of other building elements, developments will be required to use high quality building materials that complement the character and appearance of the local area. Proposals that introduce substandard or intrusive materials will be refused.

POLICY B27 – LANDSCAPING SCHEMES Ensure that permitted proposals incorporate high quality soft/hard landscaping which is appropriate to 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 FROM FLOODING Manage specific developments in the C1 and C2 flood zones and direct them towards suitable land in zone A, unless they conform to a series of criteria relevant to the features on the site and to the purpose of the development.

POLICY B32 - INCREASING SURFACE WATER Refuse proposals that do not include flood minimisation measures or appropriate mitigating measures that will reduce the volume and rate at which surface water reaches and flows into rivers and other water courses.

POLICY C1 – LOCATING NEW DEVELOPMENT Land within the development boundaries of towns and villages and the developed form of rural villages will be the main focus for new development. 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 C7 – BUILDING IN A SUSTAINABLE MANNER Proposals for new development or for the adaptation and change of use of land or buildings will be refused where consideration has not been given to specific environmental matters. Proposals must conform to specific criteria relating to building in a sustainable manner, unless it can be demonstrated that it is impractical to do so.

POLICY CH1 – NEW HOUSES ON ALLOCATED SITES Proposals to build houses on sites allocated for housing use will be approved provided that criteria relating to specific features of the development can be met.

POLICY CH6 – AFFORDABLE HOUSING ON ALL ALLOCATED SITES IN THE PLAN AREA AND ON SITES THAT BECOME AVAILABLE AND ARE UNALLOCATED WITHIN THE DEVELOPMENT BOUNDARIES OF THE SUB-REGIONAL CENTRE AND THE URBAN CENTRES Approve proposals for housing developments on sites allocated for housing or on random sites for five or more units within the development boundaries of the sub-regional centre and the urban centres, which provide an appropriate element of affordable housing.

POLICY CH28 – IMPACT OF DEVELOPMENT ON JOURNEYS Proposals for large scale developments that will cause a substantial increase in the number of journeys made by private vehicles will be refused, unless they include measures to reduce the environmental impact. Developments which are planned and designed in a way that promotes the most acceptable environmental and sustainable modes of transport will be favoured.

POLICY CH29 – SAFEGUARDING AND IMPROVING LINKS FOR PEDESTRIANS Proposals within Centres and Villages will be refused unless they provide safe, attractive and direct footpaths for pedestrians across and out of the site where there is a clear opportunity to make such a provision.

POLICY CH30 – ACCESS FOR ALL Proposals for residential/business/commercial units or buildings/facilities for public use will be refused 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 CH31 – PROVIDING FOR CYCLISTS Development proposals that do not provide specific facilities for cycling where there are obvious opportunities for doing so will be refused.

POLICY CH32 – IMPROVING ACCESSIBILITY BY PUBLIC TRANSPORT Proposals that are likely to lead to a substantial increase in the number of journeys by private motor vehicles will be refused unless there is an adequate public transport service in place as an alternative, or unless the development will be effectively served by public transport in the future and that consideration has been given to promoting the use of public transport services in the planning and design of the development.

POLICY CH33 – SAFETY ON ROADS AND STREETS Development proposals will be approved provided they can conform to specific criteria relating to the vehicular entrance, the standard of the existing roads network and traffic calming measures.

POLICY CH36 – PRIVATE CAR PARKING FACILITIES Proposals for new developments, extensions to existing developments or change of use will be refused unless off-street 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 proximity of the site to a public car park.

POLICY CH43 – PROVISION OF OPEN SPACES OF RECREATIONAL VALUE IN NEW HOUSING DEVELOPMENT Expect that new housing developments of 10 or more dwellings, in areas where the existing open spaces provision cannot meet the needs of the development, provide suitable open spaces of recreational value as an integral part of the development.

Gwynedd Design Guidelines (April 2003).

Supplementary Planning Guidance involving affordable housing, planning for building in a sustainable way, planning obligations and housing developments and open spaces of recreational value.

Supplementary Planning Guidance: Development Briefs (November 2009) for this specific site. 2.3 National Policies:

Technical Advice Note 2 – Planning and Affordable Housing TAN 12 on Design. TAN 15 on Development and Flood Risk. TAN 16 on Sports, Leisure and Open Spaces. TAN 18 on Transport.

3. Relevant Planning History:

3.1 Application no. 3/18/58A – residential development refused on policy grounds in December 1980.

3.2 Application no. 3/18/58 – renewal of permission for residential development approved in April 1975.

3.3 Application no. 24/68/1274A – outline permission granted in October 1972 for residential development.

4. Consultations:

Community/Town Council:  The effect of the development on the village of Deiniolen must be considered and not on the whole community and erecting 27 houses would be completely out of balance for the village.  Are public services sufficient to receive approximately 150 extra people?  There is no demand for housing here as there are many houses that have been for sale for a long time in the village and eight new houses are being constructed near the primary school.  The lights of vehicles coming out of the site would have a detrimental effect on the amenities of residents of Victoria Terrace.  Where would the occupants of the proposed estate leave their cars during inclement weather?  What would be the implications of the development for the school and for Pentre Helen?  Would the infrastructure be likely to be able to cope with so many additional buildings?  No house should be rented or sold to housing associations.  15 footpaths from the houses to the pavement of the main road are completely unreasonable and they will cause a hazard to the occupiers and encourage people to park on the side of the road.  The most beneficial use of this site would be as a playing field and car park.  If there is a need to develop here, it is believed that 8-10 houses are sufficient. Transportation Unit: The setting of the estate and the footway, the proposed junction and the visibility splays are satisfactory along with the parking provision and water drainage system. Suggest that conditions should be imposed on any planning permission.

Environment Agency: Originally suggested that the threat of flooding was a relevant consideration for the application and that a Flood Consequence Assessment was required. However, after receipt of a further assessment from the applicant regarding the design of the proposed drainage system for the site and subject to imposing several conditions dealing with implementing a surface water management system and the management of the flow of surface water drainage network overflow, the objection was withdrawn.

Welsh Water: Standard conditions regarding surface water and foul water along with a note stating that a public sewer crosses the site.

Public Protection Unit: Not received.

Biodiversity Unit: Accept the recommendations and the ecological assessment alleviating measures undertaken in January 2013.

Housing Strategy: Ensure that an element of affordable housing is part of the application.

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The notification period ended on 16.10.09 and 43 letters / items of correspondence and one petition with 13 signatories had been received. «Following a second consultation on the amended plans 13 letters and one petition including 200 signatories were received objecting on the grounds that:  The site is a green field site located in the countryside.  Deeds for the land restrict any development on it to agricultural use only and must not include any residential development. However, it must be noted that this is a private matter to be decided by the Civil Courts rather than by means of the planning system.  The proposal, because of its size and the need for it, is completely unfair and unnecessary at the expense of the rural character of the area. It is an overdevelopment of the site.  If the application was approved, it would have a detrimental effect on the residents of houses in close proximity on the grounds that they would lose their privacy and there would be overlooking, along with the houses being a mask and there would be light pollution from vehicles exiting the site.  The proposal would have a detrimental effect on natural daylight which currently illuminates the houses adjacent to the site.  The proposal would increase traffic flow along the road which is not sustainable and would be detrimental to the safety of road users and pedestrians.  Immense pressure would be placed on public facilities, such as the school and health centre and assessments are needed to this end.  Local housing needs have not been considered as part of the application.  If the application is approved the character of the village will be compromised.  The size of the site does not reflect the original requirements of the Unitary Plan.  The length of the development period will have a detrimental effect on the safety of the village.  There are flooding problems above and below the site and the manner in which additional surface water will be managed without having a detrimental effect on water courses crossing the existing site. Concern about additional surface water and the resulting flooding hazard.  There are other suitable sites in the village without the need for developing this site. This application should be refused until other sites are developed and sold. There are over 30 houses already for sale in the village.  Creating a new access adjacent to an existing access would create a danger especially when vehicles are parked along the carriageway of the county road.  There are concerns regarding the location of three of the houses near the school on the grounds of privacy and safety.  There are questioning the content and accuracy of the design and access statement, e.g. the location of the new access and reference to the post office is incorrect as it has now closed.  The prices of adjacent houses were being reduced because of the location of the new houses in front of them.  The view to the south which is currently enjoyed by neighbouring residents would be lost.  The development could have a detrimental effect on the centre of the village on the grounds of de- centralisation and would encourage commuters to the village.  A detrimental effect on the amenities of the local residents on the grounds of disturbance and noise.  There are no play areas for children as part of the scheme.  The latest proposal does not achieve the aim of having 30% of houses on the site as affordable houses.  The policy states that the high cost of infrastructure, such as drainage, is not a sufficient reason to reduce the numbers of affordable houses in a scheme.  It is unacceptable that the proposal does not satisfy the requirements of level 3 of the housing code (although the application was submitted prior to this requirement being adopted by the Welsh Government).  The latest application should be dealt with by means of a new application taking into account the length of time that has elapsed since the application was submitted initially.  It is doubtful whether the proposal satisfies the housing needs of the local population. The new houses which are being built near the school are selling very slowly – this shows that there is no need for additional houses in Deiniolen.  The ecological survey is not comprehensive – there is a need for additional surveys.  There is a need for confirmation from Welsh Water that the existing sewerage system is acceptable.  The applicant has not shown why a play area cannot be provided on the application site as the existing one needs to be renewed.  No reference has been made to the maintenance costs for occupiers of the proposed estate.  Local residents will not be able to afford the new houses because of the recession.  With such a large development, the whole community should be consulted and not only the residents affected by the proposal.

5. Assessment of the material planning considerations:

The principle of the development

5.1 The principle of development of this site for housing (new general market housing to satisfy general need for housing on the open market) has already been accepted as this site was designated specifically in the Unitary Plan, and a Development Brief (November 2009) has been prepared for it. Although the number of houses proposed on the site is rather less than noted in the Unitary Plan on the grounds that the northern section of the site has been designated as a biodiversity mitigation area and also to reduce surface water run-off. Consequently the number of houses has been reduced from 30 to 27. The Development Brief states that a general building density of 30 units per hectare should be applied and in this case, although the numbers have been reduced, the density continues to be fairly high with a figure of 27.3%. On the basis of the research work undertaken when preparing the Unitary Plan, the Council decided that the village was a village that could cope in principle with more growth by designating this specific building plot (specifically for open market housing). The principle of developing the site was supported by the Planning Inspector in the Local Public Inquiry. It is believed therefore that the proposal is acceptable in principle on the basis of the requirements of Policy CH1 (new housing on designated sites) of the Unitary Plan provided that the development can exhibit a standard in terms of type, size and affordability of the houses and in terms of their quality, design and form in accordance with the Development Brief.

Visual amenities

5.2 As referred to in the above assessment, the site is located on open land in a fairly prominent location in the western section of the village. The slope and topography of the land means that it slopes down towards an established housing estate, namely Pentre Helen to the south. Most of the site will be conspicuous; especially the houses located in the northern section opposite the adjacent county road and Victoria Terrace and the houses will be obtrusive compared with the character of the site at the moment as an open ‘green’ field. Although this is an outline application an idea of the proposed houses has been given on the basis of the elevations, materials and design and it is believed that the proposal will not have a substantial or significant effect on the amenities of this part of the village considering that established residential areas already exist to the north and south with the primary school located to the east of the site. One of the reasons for justifying the choice of this site for development was that it is located between existing developments on the edge of the village and that it integrates well with the existing built form of Deiniolen.

5.3 The location and lay-out of the proposed houses have been designed so that they reflect the formal and ribbon development of Victoria Terrace and other houses located adjacent to the county road and the houses to the rear of the site have been laid-out rather less formally because of the site’s infrastructure restrictions and because of the location and flow of natural water courses, surface water run-off alleviating measures, the requirements of the Highways Unit (e.g. parking spaces and the design of the estate road), the need for private and public amenity spaces within the site and the location of the mains drainage sewer crossing the site. The Development Brief states that it must be ensured that the new houses are in keeping with the local area in terms of scale and building material, however, a new and different design is encouraged rather than a common and boring design.

5.4 It is believed that the design of the new houses add to the variety and eclectic mixture of houses currently around the existing site and as this is an outline application, a condition could be imposed on this element of the proposal in the reserved matters application. It must be remembered also that the plot of land to the west of the site (approximately 0.19 ha) is being kept as it is as a ‘green’ area of open grazing and to create an amenity area in front of the proposed development. From this perspective it is believed that the proposal is acceptable on the grounds of policies B22, B23, B25 and B27 of the Unitary Development Plan, and also the advice in TAN 12 on Design (June 2009). General and residential amenities

5.5 Although the application is an outline application, a rough plan of the proposed site has been submitted showing that the front section of the development includes houses facing the adjacent county road and they have been set in such a way which reflects the setting of the adjacent houses in Victoria Terrace and this is the built form of this part of the village. Consequently, a number of local residents (following the advertisement of the application), object to the proposal on the grounds that such a lay-out would have a detrimental effect on residential amenities because of overlooking and loss of privacy. Considering these objections, the application has been amended so that the front row of houses is set further back into the site and thus creating more of a gap and reducing any potential overlooking. There is approximately 20m between the windows of the houses in Victoria Terrace and the windows of the proposed houses and in such cases, it is considered that 20/21m is acceptable between windows that are ‘front to front’ to each other and taking into consideration that some degree of overlooking is inevitable in properties facing public places such as roads. Cross-sections of the site were submitted as part of the application to show that the proposed houses are located on land which is at a lower level than the existing houses to the north of the site which means that there will be some degree of overlooking from these houses down towards the proposed houses. The roof ridges of the proposed houses will be approximately at the same height as the eaves of the houses in Victoria Terrace.

5.6 Although the proposal will mean more traffic along this section of the county road (which naturally creates more noise and disturbance), it is not believed the impact will be severe enough that the application must be refused. Reference was also made by the objectors that lights from the headlights of vehicles exiting the estate would reflect directly into the residents’ rooms in Victoria Terrace and other houses adjacent to the road. Taking into account the topography of the site the access and road into the estate will be on a gradient and it is believed that it will be inevitable that there will be some glare from the lights of vehicles visiting the site facing these houses. However, the following must be considered in this context:- (i) this is the safest place to create a new access in accordance with highways guidance; (ii) it is not believed that any vehicle will have to wait for a long time (at night) to join the county road; (iii) the new access is located adjacent to an existing access serving the rear of the terrace and which joins Marchlyn Road to the north and this means that only three houses will be affected directly by vehicle headlights - 1 and 2 Victoria Terrace and Pen Golwg. The headlights of vehicles will be seen in the background of existing street lights located in front of Victoria Terrace. Taking into consideration the above, it is believed that this proposal is acceptable and complies with the requirements of Policies B23 and CH1 of the Unitary Plan.

Transport and access matters

5.7 Although concerns have been submitted by local residents regarding the suitability and safety of the proposed access which is adjacent to an existing access and houses, the location, lay-out and design of the proposed access (on visibility grounds) is acceptable /standard, based on highway requirements and guidelines. In response to the statutory consultation, the Highways Unit are proposing relevant conditions which will ensure compliance with regulations and highway guidelines. It must also be remembered that road safety considerations have already been discussed during the adoption phase of the UDP where it was acknowledged in principle that the site’s location and the adjacent roads network could cope with the designation of the site for approximately 30 dwellings. It is therefore believed that the proposal is acceptable based on the requirements of Policies CH28, CH29, CH30, CH31, CH32, CH33 and CH36 of the Unitary Plan.

Biodiversity matters

5.8 The response of the Biodiversity Unit was received originally in 2009 when observations were submitted stating that the habitats on the site were of medium value to biodiversity. Consequently it is believed that the loss of habitats on the site will not have a significant effect on local biodiversity. However, if bat and water vole surveys show that there are populations of these species on the site, then alleviating measures will have to be considered along with translocation places. Following these observations, a reptile survey was completed in January 2013 and the content of the survey was approved by the Biodiversity Unit subject to alleviating measures being followed by the developer. It is therefore considered that the proposal is acceptable in terms of the requirements of Policy B20 of the Unitary Plan.

Public safety and crime prevention

5.9 The development has been designed with community safety and crime prevention in mind by including elements such as the design of the houses, safe footpaths for pedestrians and children and parking spaces.

Sustainability matters

5.10 The development brief states that any development on the site should be carried out in a sustainable way, e.g. by using and supplying water energy in a sustainable way, using materials from certified sustainable sources. A Level 3 Sustainable Homes Code assessment was not submitted with this application as it had been submitted prior to this requirement coming into force. Despite this, some aspects of sustainability are supervised by the Building Control Unit. Therefore, it is considered that the proposal is acceptable in terms of the requirements of Policy C7 of the Unitary Plan.

Flooding matters

5.11 One of the main objections and concern of local residents with this application, should it be approved, are the flooding implications to nearby houses. Observations were submitted by Natural Resources Wales (formerly the Environment Agency) originally recommending that flooding considerations were a relevant consideration that should be applied to the application and that there was a need to submit a Flood Consequence Assessment which should show that the threats can be managed to a sufficiently acceptable degree to ensure that the proposal is safe and that the maximum surface water discharge will not increase the threat of floods to properties further down from the site (Pentre Helen Estate). Following these observations, a land drainage assessment was submitted by consultants specialising in this type of work. The purpose of the assessment is to create and design an effective drainage system for the site in question which complies with the requirements contained in Technical Advice Note 15 on Development and Flood Risk (2004), Planning Policy Wales, Chapter 13 on Minimising and Managing Environmental Risks and Pollution, (November 2012), Sustainable Homes Code 2008, and Sewers for Adoption, 7th Edition. 5.12 In response to the content of this assessment, further observations were submitted by Natural Resources Wales, stating that the proposed surface water drainage arrangements are acceptable provided that the water flow after completing the development will be similar to the current overflow rates for the green field site. It is advised that relevant conditions should be imposed on any planning permission for this development to prevent flooding by ensuring that surface water from the site is stored and disposed of in a satisfactory manner and to prevent the threat of flooding for the proposed development and to other properties lower down from the application site (Pentre Helen). It is therefore believed that the proposal is acceptable on the basis of the requirements of Policy B23, B29 and B32 of the Unitary Plan.

Community Benefit / 106 Agreement issues

5.13 On the basis of the information contained in the Supplementary Planning Guidance on Residential Developments and Open Spaces of Recreational Value, along with the development brief for this specific site, it is expected for the developer to discuss with the Local Planning Authority and establish whether the current provision of recreational open spaces in the area satisfies the needs of this development or whether there will be a need for a provision on site. In this case, a formal amenity space for children will be provided within the boundary of the sewer protection zone. In addition to this, the northern section of the site will remain as open grazing land and it can be used informally as an open recreational area in accordance with the most recent site plan submitted as part of the application. In terms of a financial contribution to the primary school and taking into consideration the information in the Supplementary Planning Guidance ‘Housing Developments and Educational Provision’, together with the information regarding the number on the school roll, there would be no justification in asking for a contribution as there is sufficient capacity in the local school. The applicant will, however, be required to sign a Section 106 legal agreement to ensure that the five affordable dwellings will be truly ‘affordable’ to first and successive occupiers. As referred to above, there has been a reduction in the number of houses proposed to be constructed on the site which reflects the reduction in the number of affordable houses proposed as part of the most recent development scheme. In order to justify this reduction in numbers, an appraisal of the development was submitted considering that 5 of the 27 houses are affordable. The appraisal concludes that it would not be viable to offer more than five affordable houses as part of this development and that the affordable houses are sold on the basis of shared equity with a reduction of 20% in the price for an open market house. It must also be considered that there is another site in Deiniolen that has been earmarked for residential development in the Unitary Plan along with several other houses which are currently being constructed in the village and it is believed that this total number of houses satisfies the need for affordable housing in the Llanddeiniolen community (especially two and three bedroom houses for local people and families between 20-64 years old).

Response to the public consultation

5.14 It is considered that the objections and concerns of the local community regarding this application have received full consideration in the assessment of this application and no issue outweighs the considerations of the relevant policy 6. Conclusions:

6.1 Taking into consideration the above-mentioned assessment, it is believed that the proposal (although in the form of an outline application) is acceptable in terms of its location, scale, density, design, materials, visual and residential amenities and road safety.

7. Recommendation:

7.1 To delegate powers to the Senior Planning Service Manager to approve the application, subject to the completion of a Section 106 agreement by the applicant to ensure that a portion of the houses are local general need for affordable housing, and in accordance with the following conditions:-

1. Conditions of submitting details of reserved matters and commencing the work. 2. Highways conditions / notes. 3. Natural Resources Wales (formerly the Environment Agency) conditions. 4. Welsh Water conditions – disposal of surface / ground water. 5. Materials / slates 6. Biodiversity alleviating measures as included in the ecological survey. 7. Landscaping.

Number: 2 Application Number: C11/1077/16/LL Date Registered: 25/11/2011 Application Type: Full - Planning Community: Llandygai Ward: Arllechwedd

Proposal: FULL APPLICATION FOR THE ERECTION OF 17 DETACHED DWELLINGS AND THE CHANGE OF USE OF A FORMER RESIDENTIAL HOME TO CREATE 12 SELF CONTAINED LIVING UNITS (INCLUDING FOUR AFFORDABLE UNITS) AND ASSOCIATED WORKS INCLUDING DEMOLITION OF BUILDING, TREE FELLING, CREATION OF VEHICULAR ACCESS AND ESTATE ROAD. Location: PLAS Y COED, BANGOR, GWYNEDD, LL574HN

Summary of the To delegate powers to approve subject to the completion of a Recommendation: section 106 agreement for the affordable element of the scheme and to receive a financial contribution towards the provision of affordable housing.

1. Description:

1.1 This is a full application for planning permission to demolish buildings and clear part of the site, adapt and convert the listed buildings of Plas y Coed to include 12 living units (with four affordable units), construction of 17 detached residential units on adjacent land with associated works including the creation of a vehicular access and new estate road, creation of parking spaces, installation of services, landscaping, tree felling etc.

1.2 The site is located within the development boundaries of the city of Bangor, which is designated as a sub-regional centre in the Gwynedd Unitary Development Plan (July 2009), and is in a secluded location over 300 metres away from the nearest public road, the A5. The site is within the boundaries of the redevelopment site of ‘Hirael Bay and surrounding area’, as defined in the Development Brief for the Bangor area.

1.3 The approach to the site is a private unclassified road which leads from the A5 and along the access road to Porth Penrhyn. The road veers to the left towards the port itself, while the road towards Plas y Coed leads straight ahead and crosses Porth Penrhyn before going past the wall of Penrhyn Castle and its western gate, and past the original Plas y Coed lodge before arriving at the site itself.

1.4 The most recent use of the site as a residential home for the elderly ceased in 2006. The use of the grounds that formed part of a project for adults with learning disabilities has also ceased and the external buildings, known as the Annex and used as a day centre for the elderly and as offices have also been empty for some time.

1.5 The proposed development includes 17 two-storey houses with linked or integrated garages. They are to be constructed on green land to the west of the Plas. An element of the external elevations of the houses seen most prominently from the access into the site will be faced with natural stone, while the remainder of the houses will be finished with smooth render. They will all have natural slate roofs (usually, actions to mitigate the finishes will be agreed through the use of conditions. The finishes of the estate road, parking spaces and boundary treatments will also be agreed with conditions).

1.6 The work of converting Plas y Coed itself and the associated stables into 12 living units, will mainly involve internal works, while the external work could be described as maintenance work including the reinstallation or recreation of original elements that have been lost. Recent additions to the building will be disposed of, namely a fire exit and lift shaft, while the buildings that will be demolished are those that were constructed more recently and have been pebble dashed and stand separately from the main Plas building.

1.7 A tree preservation order (ref. No 3/TPO/A86) has been issued for trees that abut the open field where it is intended to erect the 17 detached houses.

1.8 The proposal has been screened in relation to the need for an Environmental Impact Assessment (EIA) and it has been concluded that there is no need for an EIA as the proposal does not cause substantial harm to recognised interests of importance.

1.9 In brief, the proposal will include the following works: 1. demolishing buildings and clearing work 2. installing infrastructure and services 3. creating an estate road and parking spaces 4. constructing living units on green land 5. landscaping 6. converting the main Plas y Coed building and associated external buildings

1.10 The sizes of the living units within the site will vary, and elements of them will be affordable, namely: 7. 17 four bedroom houses 8. 5 two bedroom flats (two affordable) 9. 7 one bedroom flats (two affordable)

1.11 An independent assessment was undertaken by the District Valuer Service of the development’s costs and viability which stated that seven affordable living units could be provided on this site. To meet these requirements, the developer proposes to provide four affordable units along with a commensurate sum for the remaining three in order to reach a total of seven. An agreement was reached on a financial contribution of £327,294 from the developer to be met through a formal 106 agreement.

1.12 The original application has been amended following a period of negotiation, due to concerns that were highlighted regarding the loss of a section of the garden’s listed wall and the siting of two new units within the garden, along with relocating the access and some units to safeguard trees and including striking elevations on the most prominent houses on the site.

1.13 This application is supported by the following documents and reports, as submitted:

1.14 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, access, design, character, environmental sustainability and site analysis. The statement is acceptable and is a relevant consideration in determining the application, and it has received due emphasis and attention. The report was amended and updated to comply with the latest changes made to the application, namely to relocate the access and the content of the report as submitted is agreed with.

1.15 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 accessibility of the site and other relevant matters in the context of transportation.

1.16 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.

1.17 Affordable Housing Statement – this report explains and confirms the number and the type of affordable housing available on the site, and refers to the financial contribution that has been proposed following a detailed assessment of the site by the district valuer.

1.18 Archaeological Assessment/Geophysical Survey – the original archaeological assessment was submitted including information on relevant matters relating to the site and the area in general. This report was subsequently followed by a more detailed survey of the open land using geophysical techniques to assess the land.

1.19 Bat Survey / Bat Presence/Absence Survey / Statement of Mitigating Measures – these reports were submitted as required due to the presence of protected species on the site. They explain how the site survey was undertaken, the findings, and what needs to be done to safeguard them.

1.20 Trees Statement – a Tree Preservation Order has been issued for the site, it is a requirement to provide a detailed survey and assessment of the impact of the development on the protected trees.

1.21 Note that these are only considerations relating to the full application; members are reminded that full consideration will be given to all matters relating to historical conservation matters, namely the listed buildings, the setting of the buildings and the broader area in the listed application which has been submitted alongside this full application.

2. Relevant Policies:

2.1 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.

2.2 Gwynedd Unitary Development Plan 2009:

Strategic Policy 2 – The Natural Environment The natural environment and the landscape character of the area and views in and out of the Snowdonia National Park and the Anglesey and Llŷn Areas of Outstanding Natural Beauty will be maintained or enhanced by refusing development proposals that will significantly harm them.

Strategic Policy 3 – Built and Historic Heritage

The area’s built and historic heritage will be protected from development that would significantly harm them, and new developments in historic areas will be expected to conform to particularly high design standards which will maintain or enhance their special character.

Design Standards – Strategic Policy 4

Developments 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

High 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. A development should make the best and most effective use of land or buildings in terms of density, location and setting.

Homes - Strategic Policy 10

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

1. making provision for a total of 4178 housing units, which will include provision of 1870 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; 2. making provision for meeting local need for affordable housing; 3. distributing the housing units across the Plan area in accordance with the Plan’s settlement strategy.

Policy A1 – Environmental or Other Impact Assessments - Ensure 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 other impact assessments.

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 B1 – Demolition of Listed Buildings – Safeguard Listed Buildings against proposals for their total or partial demolition unless there is outstanding justification for doing so, in accordance with a number of criteria regarding the condition and ownership of the building.

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

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 that will affect other archaeological remains unless the need for the development overrides the significance of the archaeological remains.

Policy B12 – Protecting Historic Landscapes, Parks and Gardens - Safeguard landscapes, parks and gardens of special historic interest in Wales from developments which would cause significant damage to their character, their appearance or their setting.

Policy B19 – Protected Trees, Woodland And Hedgerows Proposals that lead to the loss or damage of a tree, woodland or hedgerow that is protected will only be permitted when the development’s economic and / or social benefits outweigh any harm.

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.

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 B24 – Adapting and extending buildings within Development Boundaries, Rural Villages and the Countryside - 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 high standard and in-keeping with the character and appearance of the local area.

Policy B27 – Landscaping Plans - Ensure 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 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 ancillary facilities in the countryside will be refused with the exception of a development that is permitted by another policy of the Plan.

Policy C3 – Re-using 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 C4 – Adapting Buildings for Re-use – Proposals to adapt buildings for reuse rather than demolition 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 C5 – Redevelopment Sites - Approve 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 Sub-regional Centre and the Urban Centres.

Policy CH6 – Affordable Dwellings on each designated site in the plan area and on undesignated sites that become available within the development boundaries of the Sub-regional Centre and the Urban Centres – Approve proposals to develop housing on sites that have been designated for housing or sites at random for five units or more within the development boundaries of the sub- regional centre and the urban centres that provide a suitable element of affordable housing.

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 CH37 – Educational facilities - 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 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: 1. Housing developments and open spaces of recreational value 2. Planning for sustainable building 3. Planning obligations 4. Affordable housing 5. Housing developments and educational provision 6. Hirael Bay Redevelopment Site – development principles (DRAFT) 7. Development briefs 2.3 Gwynedd Design Guidance

2.4 National Policies:

Planning Policy Wales (edition 5, 2012)

Chapter 3 – determining planning decisions and enforcing them Chapter 4 – planning for sustainability Chapter 5 - protecting and improving the natural heritage and coastline Chapter 6 - protecting the historic environment Chapter 8 - transport Chapter 9 - housing

Technical Advice Note (TAN)

TAN 2: Planning and Affordable Housing TAN 5: Planning and Nature Conservation TAN 10: Tree Preservation Orders TAN 12: Design TAN 18: Transport TAN 20: The Welsh language TAN 22: Planning for Sustainable Buildings

3. Relevant Planning History:

3.1 Application Number C08A/0342/16/LL – erection of EMI facility with 106 bedrooms – refused 14.10.08

3.2 Application C11/1082/16/CR – application for listed building consent for work to grade II listed building for the conversion of the existing building with associated works to create 12 living units and demolition of associated buildings and structures – the application coincides with this full application.

4. Consultations:

Community/Town Council: No objection to the original application; however there was subsequent objection to the proposal due to concerns regarding the additional transport using the junction with the A5. It is suggested that a new roundabout be constructed at the location. Additionally, it is not considered that the application includes an adequate provision of affordable housing for local people.

Senior Conservation Officer: Having seen the amended application, there are no further observations on the proposal as the changes made to the location of the houses nearest to the garden wall and the inclusion of suitable finishes for the most prominent houses are an improvement in terms of the impact on the listed buildings. The proposal to make alterations to the Plas is to be commended in principle as it safeguards the future of the building with very little changes to the historic fabric of the building.

Transportation Unit: This application is beyond the adopted highway and is located further down the Porth Penrhyn road (private road). The applicant has submitted a transportation assessment to consider the likely impact on the highway junction, and I can confirm that the findings are reasonable and the figures are lower than the level that would justify considering changes such as a right turn lane. The impact on the junction is therefore acceptable. As noted previously, this development is beyond the highway however the following observations are still relevant as it is presumed that the local private road services local property and businesses. There is no objection to the proposal to convert the Plas into flats and it is presumed that there is sufficient space within its curtilage to provide suitable parking and turning space. Access to the site is narrow and in effect only permits access to one vehicle at a time, and this obstacle could lead to vehicles having to wait their turn to pass; consideration should be given to creating a passing place on the green space immediately beyond this entrance. Additionally, there is no provision that separates pedestrians from vehicles here and consideration should be given to at least marking out a path through the gateway and along the road to the Plas. The proposal will also cause difficulties for the residents of the Lodge by increasing the level of traffic passing by their parking space. The development is likely to create an increase in the level of vehicles and pedestrians using the private road leading to the site. As with the Plas, there is no formal path to separate pedestrians and vehicles at this point.

Public Protection: Not received

Environment Agency: It is suggested that a standard condition should be included relating (Natural Resources Wales) to the need to submit and agree on a surface water drainage scheme for the site.

Countryside Council: The survey that has been submitted acknowledges that bats use the (Natural Resources Wales) existing building and there would be a need to take appropriate steps to avoid any impact on these species. It is advised that there is a need to follow the report’s recommendations for mitigation and that this needs to be ensured by including a condition to ensure that this element is protected. An application must be submitted to the Welsh Government for a permit to undertake the work.

Biodiversity Unit: A number of concerns were stated in relation to the original application, however having held further discussions, agreement has been reached on a number of measures to safeguard the site including appropriate landscaping; measures to protect bats; providing land to compensate loss of habitat; undertaking a reptile survey; undertaking a further survey of the annex and ensuring that the buildings are demolished with care, agree to retain the basement with appropriate access for bats as required. Tree Officer: There is a Tree Preservation Order to protect the trees on the site, it can be seen that the development proposes to fell and clear some of the trees from the centre of the open land and also near the proposed access to the site. The substantial trees along the boundary of the open land will be protected by means of appropriate protective measures. Concern was originally expressed regarding the development and the impact on the protected trees, steps have been taken by amending the application (moving some of the houses away from the trees, relocating the access) as an improvement, it must be ensured that the long term welfare of the protected trees are safeguarded, there will be a short term loss of trees, however, this will be compensated with replanting. Although the situation is not fully acceptable due to concerns regarding the long term impact on the trees, it is felt that these reasons are not sufficient for refusing the application and these matters should be dealt with in future as they arise.

Welsh Water: Standard conditions and advice regarding the proposal, involving drainage, sewerage, surface water, connections to public systems etc. It is suggested that a condition should be included for a detailed plan to be submitted and approved demonstrating the integrated draining arrangements for the site.

Gwynedd Archaeological A survey was undertaken (geophysical survey) of the open land Planning Service: however it is considered that further work is needed in the form of opening ditches to observe the inconsistencies noted in the survey. It was not noted that substantial features are likely to exist there, however; there is a possibility that some features could exist as there is no assurance that such a survey is able to identify all archaeological elements present.

Fire Service: No observations.

Strategic Housing Unit: Happy with the proposed provision and the Commuted Sum can be used for a provision of affordable homes in Bangor. We will consider using it to purchase empty properties in order to return those properties to use.

Public Consultation: The application and the subsequent amendments were advertised by placing a notice in the local press (with the original application), placing notices on the site and sending consultation letters to nearby residents. Some of the main relevant objections are noted as follows:

1. detrimental impact on the local roads network, and the junction in particular 2. detrimental impact on the visual amenities of the area 3. overdevelopment of the site in terms of size etc. 4. negative impact on the environment, the landscape 5. unacceptable design 6. impact on existing services 7. lack of compliance with policies and guidelines 8. lack of compliance with the Hirael Bay scheme 9. the existing private road is unsuitable/no provision for pedestrians 10. unacceptable increase in traffic 11. overlooking/negative impact on residential amenities 12. previous application was refused 13. drainage arrangements 14. loss of protected trees 15. misleading plans 16. negative impact on bats/wildlife 17. does not promote culture/employment 18. site of historic significance 19. lack of affordable units 20. not a brownfield site 21. too close to the flood zone

In addition to the above, objections were received which were not valid planning objections, including:  Land ownership  Boundary wall  Strict covenant  Impact on the private sewage treatment system

5. Assessment of the material planning considerations:

The principle of the development

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

5.2 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 to be in accordance with policy C1.

5.3 Policy C3 and strategic policy 6 support reusing previously developed sites. As the site includes the buildings of Plas y Coed, the land is already partly developed. Consideration must also be given to the fact that the development would bring an use to the listed building and would safeguard it in the long term (this is discussed further in this report). Therefore, in terms of the fact that the scheme involves redevelopment, conversion and retention of existing listed buildings, it is believed that this element of the development complies with policies C3 and C4.

5.4 Policy C5 permits development proposals on sites noted on the proposals maps as redevelopment sites, provided they are consistent with the development briefs. The Hirael Bay SPG has not been formally adopted at the time of writing this report, therefore it has been given very little weight in assessing this application. However, the UDP’s development brief refers to mixed developments within the area, and it is acknowledged that that a residential development has already been approved within the area (the redevelopment of the former Dickies site). Given the size of this development; the size of the redevelopment areas of Hirael Bay; the existing mix of land use and the possibility of further mixes within the redevelopment area, it is not felt that this development and the development that has already been approved compromise the brief’s requirements. Therefore, it is not considered that an unacceptable threshold has been crossed to date. It is considered that the proposal therefore complies with the requirements of policy C5.

5.5 The development is therefore considered acceptable in principle, subject to the consideration of all relevant planning matters.

Leisure and Education

5.6 Policy CH43 attempts to ensure a sufficient provision of recreational facilities to meet the requirements of residents within a housing development of ten or more houses. In this case, the site has been earmarked for use as a recreational area and given the open nature of the site, it is considered that the requirements of policy CH43 are met.

5.7 In using the formula and the information noted in the Supplementary Planning Guidance ‘Housing Developments and Educational Provision’, it is noted that the development would mean that the number of pupils in the catchment’s schools would remain lower than at full capacity, therefore it is considered that the proposal is acceptable and complies with the requirements of policy CH37.

Transport Issues

5.8 As already noted, a transportation assessment was submitted with the application referring to traffic movements in the area, movement patterns and the likely impact of the proposed development on the local roads network.

5.9 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 the Transportation Unit and it can be seen from their observations that they accept that the additional numbers that will be using the junction is acceptable. The observations also refer to the lack of provision for pedestrians along the private road which leads from the highway, unfortunately because this is a private road, the applicant and other road users cannot be forced to undertake work to upgrade the road to meet current standards that relate to public or adopted roads.

5.10 The use of the Plas building in the past as a residential home should be borne in mind (a use which will remain lawful until it has been changed by formal consent) where there were regular movements taking place due to visitors coming to the home, members of staff going to work, deliveries etc. The garden was used by the county’s social services as a work project and was separate from the home, and there were daily coming and goings there also. Given also that the annex would have been used as a day centre with separate offices, the volume of movements at some times could have been relatively high. Having considered the observations that have been submitted and given the site’s history and planning rights, the proposal is not considered unacceptable, therefore, it is believed that the development meets the requirements of policy CH33.

Design and visual amenities

5.11 The site is mainly surrounded by substantial trees along the site’s western and southern boundaries. This means that the site, to all intents and purposes, is not visible from public vantage points until you approach the site itself. The nearby buildings vary in size and appearance, but are obviously buildings that are closely related to the historic setting of Castell Penrhyn.

5.12 The current condition of the Plas site poses some concern in terms of the harmful impact on the nearby area’s visual amenities, and a substantial overgrowth of hedges and vegetation has taken place since the most recent use of the site was brought to an end. The poor condition of the listed building (which has declined due to theft and criminal damage despite steps taken to safeguard the site) has reached the point where the serious decline in these buildings poses a harmful impact and also affects the amenities of the area.

5.13 The 17 new houses are standard two-storey houses that have been set around an estate road leading from the nearby private road into the site which is currently an open field to the side of the Plas itself.

5.14 The type of units proposed at this site vary in scale, and in appearance to a degree. Although the units have a common appearance in terms of slate roofs, windows, doors etc. there are a variety of finishes, where the developer has sought to reflect the existing finishes of the most prominent houses in the area. 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. 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.

5.15 Policy B22 relates specifically to building design and policy B25 refers to building materials while strategic policy 4 refers to design standard. It is considered that the content of the amended Design and Access Statement submitted with the application is relevant and explains the reasoning for the design, setting and finishing of the proposed development. Subsequent discussions and amendments have ensured that the finishes of the most prominent houses on the site convey the general appearance of the area, namely that natural stone is used to face these elevations. It is acknowledged that the estate would mainly have an urban feel once completed, however there is no established pattern to the area’s current developments, and although the site is relatively rural in terms of current elevations, it is within the development boundary of the city of Bangor and within reasonable distance of the current built form.

5.16 It is considered that the requirements of policy B22 have been met and once again, it is emphasised that opinions regarding design can be very subjective.

5.17 The proposed work to convert the existing buildings is appropriate as the changes undertaken would mainly be internal alterations, and there have already been substantial alterations to the inside of the Plas and the stables in order to use it as a residential home, therefore the original features and appearance of the buildings have not been retained in all cases. The external work is by now essential, due to the damage to the building. The proposed work will convey the building’s original finishes, or strive to recreate them where possible. Therefore, it is considered that the proposal complies with Policy B24.

Residential and General Amenities

5.18 Policy B23 seeks to ensure that the amenities of the local area and its residents are safeguarded. Objections were received in relation to the application which referred to the detrimental impact that the proposed development would have on residential amenities and on general local amenities.

5.19 It would be the former lodge, that lies near the gateway to the Plas, that would be most affected by the approval of this development due to its location and the length of time the site has been dormant, which is now nearly a decade. The access road runs adjacent to this property towards the Plas and it cannot be diverted due to the presence of this property and the wall of Penrhyn Castle on the other side. Historically, this road was used as an access to the Plas when it was a residential property and also latterly when used as a residential home. The project located in the garden and the various uses made of the annex also generated some traffic movement. It is not considered that changing the use of the Plas would have any greater impact than what has been there in the past in terms of vehicular movements. The access to the site of the 17 new houses has now been moved away from the lodge, which is farther than what was proposed originally. The location of some of the 17 new houses erected on the site abut the current boundaries of the lodge. An attempt has been made to ensure an adequate distance between the rear of the new houses and the existing property by creating gardens between them. Additionally, it is proposed to undertake intensive planting to create a screen between the existing property and the most prominent elevations of the nearest houses to create a natural buffer between the sites.

5.20 Having considered all related matters, including the current appearance and form of the site; highway matters; the historical use of the site and the proposed use, it is considered that the proposal in its amended form is acceptable and conforms to policy B23.

5.21 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.

Residential development and affordable housing

5.22 The principle of developing the site for residential development it consistent with policy CH3, and strategic policy 10 which promote housing developments on suitable sites that become available randomly within the development boundaries of Bangor.

5.23 Policy CH6 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. One of the factors that needs to be considered is evidence of the financial feasibility of providing affordable housing on the site. In this case, and in accordance with the supplementary planning guidance on Affordable Housing, the applicant has agreed to an independent assessment of the information submitted by them on the site’s development costs.

5.24 The independent assessment undertaken by DVS states that seven affordable living units can be provided on this site, and to meet these requirements, the developer has proposed to provide four affordable units and a commensurate sum for the additional three that would equate to seven affordable units (namely 20% of the total proposed for the entire site). The proposed affordable units are a combination of one and two bedroom properties and will be located at the Plas. They are to be sold at 50% less than the open market value to a local person and this will be managed through a formal 106 agreement.

5.25 The commensurate sum to account for the three additional units on the site is a total of £327,294. This is consistent with the advice provided in section 3 of the Gwynedd Affordable Housing SPG and will be spent by the Council in relation to other affordable housing provision within the Bangor area.

5.26 Reference has already been made to the fact that none of the 17 houses on the green land will be affordable. In this case, it is felt that the proposed affordable element along with the commensurate sum towards affordable housing developments in Bangor, is sufficient. It is considered that the mix of one and two bedrooms is suitable and that they will be dispersed including one unit on the ground floor of the Plas, one on the second floor and two within the old stables linked to the building.

5.27 The Strategic Policy Manager of the Housing Strategic Unit confirms that what is proposed in terms of affordable units is acceptable and the commensurate sum will be of benefit in developing other affordable projects within the Bangor area.

5.28 Based on the assessment that has been undertaken of the scheme costs and the offer made by the applicant in terms of affordable housing, it is considered that the development is acceptable in terms of affordable housing provision and is reasonable under the circumstances, therefore, the proposal is considered to satisfy the requirements of policy CH6 and the supplementary planning guidance for affordable housing.

Biodiversity and Trees Issues

5.29 Bat reports were submitted in relation to developing the site and they confirm that protected species do make use of the site. Measures have been taken to ensure that these species are protected including the provision of space within the top floor of the Plas for them to roost, and the provision of suitable openings in the buildings for the bats. It is required for the applicant to obtain a permit from the Welsh Government to undertake work on these buildings due to the presence of these species.

5.30 Discussions have been held between the developer and the authority’s biodiversity officers who have agreed on a series of mitigating measures following the loss of the existing open land. This includes allocating vast land to the south of the Plas as a habitat compensation area which will be managed and will include created habitats should it be discovered from further surveys that there is a need to relocate any species that are discovered there. Additionally, it is intended to plant fruit trees within the Plas garden to attract the area’s wildlife. 5.31 Given the surveys that have been undertaken to date along with any further work, it is considered that the requirements of policy B20 would be met.

5.32 A tree preservation order (ref. No 3/TPO/A86) has been issued for the site due to the presence of trees of a high amenity value. There has been considerable discussion regarding the impact of the development on these trees and it is true to say that concern has been highlighted regarding the long term impact of the development on the tress that will be protected. The trees that are to be felled/lopped have been agreed and it can be seen from the submitted tree survey that they have been fully assessed in terms of their amenity value, condition etc.

5.33 The houses on the site’s western boundary were relocated away from the nearest trees in order to allow suitable space between the construction site and the roots of these trees. In doing so, and by including appropriate conditions such as withdrawal of permitted development rights, protecting the trees during the development work and adhering to the recommendations of the tree report, it is considered that the potential of conflict between the construction and the trees can be reduced and they can be preserved for the future. The requirements of policy B29 are therefore being met.

Historic/Archaeological Conservation Issues 5.34 Reference has already been mate to conservation matters and the fact that these matters are considered in full by the listed building application that coincides with this application. Nevertheless, there is a need to assess relevant matters as it is a very important matter given the development in its entirety. 5.35 Generally, the Plas and the site have continually suffered serious cases of theft and serious damage (there was a fire incident at the Plas at the beginning of May this year), local authorities are duty bound to ensure that listed building are reused before they deteriorate to such a poor state where no further use can be secured for them. 5.36 Paragraphs 6.5.8 and 6.5.9 of Planning Policy Wales state: “There should be a general presumption in favour of the preservation of listed buildings. The continuation or reinstatement of the original use should generally be the first option when the future of a listed building is considered. However, not all original uses will now be viable or necessarily appropriate. The application of development and listed building controls should recognise the need for flexibility where new uses have to be considered to secure a building’s survival…” “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.”

5.37 Having revised the application from its original submittal, the authority’s Conservation Officer and CADW no longer object to the application. It is acknowledged that retaining the Plas is essential and it can be seen that this can be secured by approving this development, by undertaking conversion work that will respect the architectural and historic character of the building. Also, having changed the location of the new houses, it is not considered that the new houses (17 houses) would have a unacceptable impact on the setting of the Plas, or on the location in general. Therefore, it is not considered that the application would conflict with policies B1, B2, B3 and B12.

5.38 It is acknowledged that this site is located within an area of special character. The site is within an area that has been designated as an essential area within the Wales Historic Parks and Gardens register as nearby Penrhyn Castle has been evaluated as a grade II* site in this register. Additionally, a number of listed buildings and structures are located nearby or relatively close to the site. A number of matters are considered when designating lands for residential developments in the unitary plan, and impact on the built character and form of any area is a specific consideration.

5.39 A number have expressed concern with regards to the impact that a development on this site would have on the special character of this area and on the number of historic buildings and structures nearby, especially the Penrhyn Castle setting. It is considered that the presence of mature trees along the northern boundary of the site creates a natural screen around the site, while the presence of a number of mature trees within the area in general adds to reducing the visual impact on the area’s amenities. It is acknowledged that a brand new element will be introduced to the area in light of this development, however, it is seen that alterations and adaptations have been introduced that in the long run have meant that CADW and the Council’s Conservation Officer now accept that the proposal is appropriate for the site and that the future of the main listed buildings on the site will be protected and enhanced. However, it is considered that the presence of the nearby trees safeguard this elevation and the development, on grounds of its size, setting and appearance complies with the requirements of policies B12, B3 and strategic policy 3.

5.40 Further work will have to be undertaken to the archaeology surveys already completed in accordance with the request of the Gwynedd Archaeology Service in order to ensure that the development within the existing open land to the west of the Plas would not have any harmful impact on any archaeological remains discovered. As the work undertaken to date on Archaeological matters has not shown evidence of any archaeological importance, it is believed that this matter can be dealt with by including a planning condition. It is considered that the proposal complies with the requirements of policy B7.

Linguistic and Community Assessment

5.41 This report was submitted in order to assess the impact of the development on these specific matters. The content of the report was assessed by the Joint Planning Policy Unit. The proposal offers an element of affordable housing and also includes a commensurate sum for the lack of the usual requirement for such units. This means that the site would be attractive to a proportion of the local population because of the affordable element and its location.

5.42 The development is likely to have a positive impact on matters such as local services and shops. The proportion of fluent Welsh speakers in Bangor is not substantial, and therefore it is not considered that the proposal would have a detrimental impact on the Welsh language. Including the affordable housing element and the financial contribution would be beneficial to the local population. The proposed development is not likely to have a harmful impact on local primary schools and would improve the area’s visual environment and make it a safe place to live. Public safety and crime prevention

5.43 As already reported, this site has suffered from serious cases of theft and criminal damage for some time, this is obviously a concern in terms of the impact on the listed buildings and their deterioration. The development of this site ensures that these activities would not continue as the site would be in use.

Relevant planning history

5.44 Application, C08A/0342/16/Ll, for the construction of an EMI facility with 106 bedrooms on the land on which this current application proposes to construct 17 new units was refused. It did not include any elements relating to the Plas itself. It was refused for a number of different reasons including the impact on the listed building of the Plas, the lack of demand for this type of service within the county, unacceptable size and mass (the buildings were substantial three-storey buildings).

Response to the public consultation

5.45 As already mentioned, observations/objections to the proposal have been received which note a number of matters relating to the proposed development.

5.46 It is considered that these matters have received thorough consideration in the above assessments and each individual observation received full consideration.

5.47 Unfortunately, matters that can be considered as material planning matters are quite specific, therefore; not all of the matters raised can be considered, such as the loss of view, land ownership, boundary walls etc. as they are not deemed relevant under planning legislation. It is acknowledged that this would be a disappointment to objectors, however the planning system means that what can be dealt with as a relevant consideration is limited.

5.48 The site is within the boundaries of the redevelopment site of ‘Hirael Bay and the surrounding area’, as defined in the Development Brief for the Bangor area, and full consideration was given to its propriety during the designation stage.

6. Conclusions:

6.1 The site is located within the Bangor city development boundaries, and forms part of a larger site which has been designated as a site for redevelopment in the GUDP.

6.2 It is believed that the development that would include securing the long term use of the Plas y Coed listed building is acceptable in principle and complies with Policy C5.

6.3 It is also considered that the proposed contribution for affordable housing is acceptable on grounds of the relevant evidence.

6.4 The development would respect the character and setting of the listed building and would be acceptable in terms of its design. 6.5 There would be no unacceptable impact on trees, biodiversity, residential amenities, recreational facilities and education, archaeology, transport or on the linguistic and community factors.

6.6 In light of the above and having given full consideration to all relevant planning matters including letters of objection and submitted observations, it is considered that this proposal is suitable and that it complies with the requirements of relevant local and national policies and guidance.

7. Recommendation:

7.1 To delegate powers to the Senior Planning Service Manager to approve the application, subject to signing a 106 agreement relating to affordable units provision and a financial contribution.

Conditions - 1. Commence within five years 2. Comply with plans 3. Agreement on materials and finishes (including layout of windows) 4. Landscaping 5. Remove permitted rights from the relevant units 6. Archaeological assessment 7. Biodiversity matters 8. Sewerage and surface water 9. Protect trees 10. Building requirements to meet level 3 of the code 11. Note on requirements for party wall.

Number: 3 Application Number: C11/1082/16/CR Date Registered: 25/11/2011 Application Type: LB Consent Community: Llandygai Ward: Arllechwedd

Proposal: LISTED BUILDING APPLICATION FOR THE CONVERSION OF EXISTING BUILDING WITH ASSOCIATED WORKS TO CREATE 12 LIVING UNITS AND DEMOLITION OF ASSOCIATED BUILDINGS AND STRUCTURES Location: PLAS Y COED, BANGOR, GWYNEDD, LL574HN

Summary of the TO APPROVE WITH CONDITIONS Recommendation:

1. Description:

1.1 This application seeks listed building consent for work to grade II listed building for the conversion of the existing building with associated works to create 12 living units and demolition of associated buildings and structures.

1.2 The most recent use of the site as a residential home for the elderly ceased in 2006. The use of the grounds which formed part of a project for adults with learning disabilities has also ceased and the external buildings, known as the Annex and were used as a day centre for the elderly and as offices, have also been empty for some time.

1.3 The current condition of the buildings and the site in general is very poor, mainly due to overgrowth and incidents of the theft of building materials and cases of criminal damage. Despite attempts to secure the site, there have been a number of incidents including arson recently which has damaged the main building on the site.

1.4 This application site is located to the east of the city of Bangor on the outskirts of the Porth Penrhyn area, and is surrounded by substantial trees with a private road leading to the site from the nearest public road.

1.5 The main building and the associated buildings are grade II listed buildings. In their description, CADW states that it is a ‘Victorian gothic-style house which has retained many of its original features and which reflects the elevations of the Penrhyn Estate in that period’.

1.6 The associated external buildings (originally erected as stables) are single-storey buildings that surround a yard to the side of the main building. Adjacent to the stables is a substantial garden which is surrounded by a striking brick wall and beyond this location is a more recent two-storey building and a single-storey garage.

1.1 The proposal is seeking to undertake mainly internal work to the main building to convert it into residential use by closing existing openings, creating new openings, maintaining the structure as it is and recreating certain aspects where required. The internal stairs along with any tile flooring are to be retained while the more recent additions such as the lift shaft and fire exit are to be removed. Timber sash windows will be reinstalled in all openings. The buildings that are to be demolished are located to the north west of the main building, and from their appearance, they are obviously more recent buildings that were constructed with very little striking features.

1.8 Originally, it was proposed to demolish part of the wall of the listed garden and to erect two new houses within the garden. This element has now been amended to retain the wall in its entirety and to erect the new houses outside the setting of the garden. The application has been amended further by moving the location of the houses away from protected trees and by relocating the access.

2. Relevant Policies:

2.1 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.

2.2 Gwynedd Unitary Development Plan 2009:

Strategic Policy 3 – Built and Historic Heritage - The area’s built and historic heritage will be protected from development that would significantly harm them, and new developments in historic areas will be expected to conform to particularly high design standards which will maintain or enhance their special character.

Strategic Policy 4 - Design Standard - 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.

POLICY B1 – DEMOLITION OF LISTED BUILDINGS Safeguard Listed Buildings against proposals for their total or partial demolition unless there is outstanding justification for doing so, in accordance with a number of criteria regarding the condition and ownership of the building.

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.

B3 – DEVELOPMENTS 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.

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:

1. Hirael Bay Redevelopment Site – development principles (DRAFT) 2. Development briefs 2.3 National Policies:

Welsh Office Circular 61/96: Planning and the Historic Environment: Historic Buildings and Conservation Areas

Planning Policy Wales - Edition 5, 2012 – Paragraph 6: Safeguarding the Historic Environment

Technical Advice Note 12: Design

3. Relevant Planning History:

3.1 Application C11/1077/16/LL - full application for planning permission to demolish buildings and clear part of the site, adapt and convert the listed buildings of Plas y Coed to include 12 living units (with four affordable units), construction of 17 detached residential units on adjacent land with associated works including the creation of a vehicular road and new estate road, creation of parking spaces, installation of services, landscaping, tree felling etc. This application coincides with the listed building application.

3.2 Application Number C08A/0342/16/LL – erection of EMI facility with 106 bedrooms – refused 14.10.08

4. Consultations:

Community/Town Council: Would support the proposal, provided the access is suitable.

The Georgian Society: Not received

National Trust: Not received

Ancient Monuments Society: Not received

Society for Protection of Not received Ancient Buildings:

Victorian Society: We object to the application in its original form, however, the principle is acceptable. It is considered that the information that has been submitted is unaccptable, there is a lack of information and a lack of detailed plans, no detailed description of the internal details or the condition of the buildings, lack of information regarding the new houses and the proposed use of the garden. No further response was received to the amendments to the application or the second consultation.

Royal Commission on the Need to respect structural records and adhere to CADW’s advice on Ancient and Historic repairing records rather than reinstalling them, need to keep a Monuments of Wales: photographic record. No further response was received to the amendments to the application or the second consultation. British Archaeological Council Do not support the original application due to the siting of new (Wales): housing within the garden. No further response was received to the amendments to the application or the second consultation.

Welsh Historic Gardens Trust: The work to renovate Plas y Coed and the stables is welcomed, however there is a need to consider the impact of the development on the setting of Castell Penrhyn. The site also lies within the Dyffryn Ogwen Area of Outstanding Historic Interest and this needs to be considered. The garden wall needs to be safeguarded because of its importance. No further response was received to the amendments to the application or the second consultation.

Gwynedd Archaeological Need to record and safeguard any specific features within the Planning Service: buildings, concern regarding the need to construct new housing to facilitate the renovation work.

CADW: There was objection to the original application due to the proposal to demolish part of the garden wall and construct two new houses within the garden. Now the application has been amended, it is considered that the application is acceptable, only that the surrounding trees need to be safeguarded and specific measures taken to retain the garden wall and internal features.

Senior Conservation Officer: The proposal to make alterations to the Plas is to be commended in principle as it safeguards the future of the building with very little changes to the historic fabric of the building.

Bangor Civic Society: We support the proposal and accept that the buildings to be demolished possess no architectural value. Public Consultation: The application and the subsequent amendments were advertised 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 number of letters of objection were received from local residents. Some of the main relevant objections are noted as follows:

 Harmful impact on the historic character of the area.  Harmful impact on a number of listed buildings and the setting of historic areas.  There are no existing modern structures in the area, new housing would therefore affect the character and the setting of the historic park.  Harmful impact on the setting of listed buildings due to the size of the development.  Harmful impact on listed wall  The setting and the character of the new housing and the estate road are out of character.  The proposal includes demolishing listed buildings and structures.

5. Assessment of the material planning considerations:

The principle of the development

5.1 Paragraph 68 of the Welsh Office Circular 61/96 – “Planning and the Historic Environment: Historic Buildings and Conservation Areas” states that Local Planning Authorities should have particular regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

5.2 Policy B2 of the GUDP upholds this and states that proposals for external or internal alterations, additions or change of use of Listed Buildings will be approved provided that the proposal will not cause significant harm to the special architectural or historic character of the building.

5.3 It is considered in principle, that this use would not pose an adverse impact on the character of the listed building. Given the proposed work to convert the main building, it is not considered that the character of the building would be compromised.

5.4 Given the period the building has been empty and its deterioration (due to it being dormant and the incidents of theft and damage) and the assurance that now exists of the long term use of the buildings, the principle is supported. The effect of the development on the character of the Listed Building

5.5 From the observations submitted on the application, the proposal of converting the Plas and the associated stables is generally welcomed.

5.6 The majority of the alterations will involve internal work. The most obvious external work involves reinstalling and repairing and will also mean that the recent unacceptable additions, such as the lift shaft and the fire exit will be removed in full from the building.

5.7 Internally, the buildings that will be converted will be restructured in order to include rooms and to create a residential setting. The proposal to create new openings and close existing openings within the building’s fabric is not unacceptable as their size and location is appropriate. It is proposed to include a condition to ensure that any new external elements such as windows and doors and treatments such as external pipe work are acceptable. Therefore, in this case, it is not considered that the alterations would affect the character of the listed building as there will be no substantial changes to the historic fabric of the buildings and approving the application would secure the future of the buildings. In light of this, it is considered that the proposal would not cause any significant harm to the special architectural or historic character of these buildings and that it therefore complies with the requirements of policies B2 and B3 and strategic policy 4 of the GUDP.

5.8 Owing to concerns regarding the application and following discussions between the authority and the applicant, the application has been amended in accordance with the advice provided. This means that the changes have overcome the original concerns and that the Senior Conservation Officer and CADW no longer object to it. They welcome the proposal to safeguard the listed buildings and secure their future. No further observations were received from the six amenity groups following these amendments, however it is believed that the changes to the plans respond to their original objections.

5.9 The buildings and structures to be demolished are accepted as recent additions (namely the lift shaft and the fire escape) or as buildings that posses no real value in terms of their historic links with Plas y Coed. Originally, the proposal meant having to demolish most of the garden wall, however the amendments now meant this wall can be retained in its entirety. The proposal to demolish the buildings shown is considered acceptable, therefore the proposal complies with the requirements of policy B1.

Relevant planning history

5.10 It can be seen from the planning history that a previous application was refused for various reasons including its impact on the site’s visual amenities and the setting of the listed buildings. That application is considered to be entirely different to what is proposed in this case, as the scale of the development in terms of size and mass of the buildings was substantially greater than what is proposed here and it was a stand-alone development that did not include the redevelopment of the Plas y Coed building itself.

Response to the public consultation

5.11 Observations were received regarding the proposal that referred to the impact of the new residential development on the site’s amenities and historic setting. This application is an application for determining the acceptable virtues of redeveloping the Plas y Coed buildings, and it can be seen that the principle of redeveloping these buildings is welcomed and that the proposal, in its amended form, is supported by the Senior Conservation Officer and by CADW. The submitted observations have been given due weight and consideration in the determination of the application.

6. Conclusions:

6.1 Given the above assessment and the consideration given to local and national policies and guidance and the observations that have been submitted, it is believed that the application is acceptable as it is not considered that there will be a detrimental impact on the status of the buildings as grade II listed buildings.

6.2 The proposal seeks to secure a future for the buildings and the site which have been standing empty and deteriorating for some time. The proposed work to alter the listed buildings as indicated would not compromise their status as grade II listed buildings. Therefore, it is not considered that the proposal would affect the character of the listed building in relation to its architectural and historic features as it would secure and safeguard the future of the building.

7. Recommendation:

7.1 To approve – conditions

1. Five years 2. Comply with the plans 3. Materials 4. Safeguard the garden wall 5. Timber framed windows and doors 6. Cast iron rainwater goods 7. Any existing openings to be closed to be set back by 30mm 8. Photographic record

Number: 4

Application Number: C12/1580/44/AM Date Registered: 24/05/2013 Application Type: Outline Community: Porthmadog Ward: Porthmadog West

Proposal: ERECTION OF TWO INDUSTRIAL UNITS FOR B1, B2 AND B8 USES Location: COUNCIL STORAGE, PENAMSER, PORTHMADOG, LL499HF

Summary of the Recommendation: TO APPROVE WITH CONDITIONS

Description:

1.1 The application in question is for the erection of two industrial units for B1, B2 and/or B8 uses. Details regarding the appearance, landscaping, layout and scale have been kept back for consideration in the future through an application to approve reserved matters. Therefore, the access to the site forms part of the current application. The plans show access to the site and an indicative layout that could be possible on the site.

1.2 The site is located on the Penamser Industrial Estate in Porthmadog, and within the ‘development boundary’ of Porthmadog in the Gwynedd Unitary Development Plan (GUDP). Along the eastern boundary of the site are the Glaslyn Leisure Centre and Ysgol Eifion Wyn and opposite to the west are the units of the existing industrial estate. Across the railway, to the north, are the residential houses of Stad Pensyflog.

1.3 The site is already empty although the site was historically used for storage materials and as a depot. A Marketing Report has been presented with the application which shows the owner’s attempts to sell the land since 2008.

1.4 The application has been screened for the need for an Environmental Assessment under the Town and Country Planning (Environmental Impact Assessment) Regulations (England and Wales) 1999. The application does not fall within the Schedule 1 criteria, however, it falls within the development description in Section 10a, Schedule 2 (Other Estate Developments Projects). Having assessed the development under the criteria in Schedule 3 of the regulations, it was determined that an Environmental Statement was not required with the application.

2. Relevant Policies:

2.1 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.

2.2 Gwynedd Unitary Development Plan 2009:

STRATEGIC POLICY 2 – THE NATURAL ENVIRONMENT STRATEGIC POLICY 4 – DESIGN STANDARDS STRATEGIC POLICY 8 – WASTE STRATEGIC POLICY 15 – INDUSTRIAL LAND STRATEGIC POLICY 16 – EMPLOYMENT POLICY C1 – LOCATING NEW DEVELOPMENT Land within the development boundaries of towns and villages and the developed form of rural villages will be the main focus for new development. New buildings, structures and ancillary facilities in the countryside will be refused with the exception of a development that is permitted by another policy of the Plan.

POLICY C3 – RE-USING PREVIOUSLY DEVELOPED SITES Proposals that give priority to re-using previously developed land or buildings that are located within or near development boundaries will be permitted provided the site or building and the proposed 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 master plan approved for the site by the Local Planning Authority.

POLICY C7 – BUILDING IN A SUSTAINABLE MANNER Proposals for new development or for the adaptation and change of use of land or buildings will be refused where consideration has not been given to specific environmental matters. Proposals must conform to specific criteria relating to building in a sustainable manner, unless it can be demonstrated that it is impractical to do so.

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

POLICY B23 – AMENITIES 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.

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

POLICY B27 – LANDSCAPING SCHEMES Ensure that permitted proposals incorporate high quality soft/hard landscaping which is appropriate to 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 FROM FLOODING Manage specific developments in the C1 and C2 flood zones and direct them towards suitable land in zone A unless they can conform to a series of criteria relevant to the features of the site and to the purpose of the development.

POLICY B32 – INCREASING SURFACE WATER Refuse proposals that do not include flood minimisation measures or appropriate mitigating measures that will reduce the volume and rate at which surface water reaches and flows into rivers and other water courses. POLICY C21 – PROVISION OF WASTE MANAGEMENT AND RECYCLING FACILITIES Land and property listed in the policy are safeguarded and/or allocated for the provision of infrastructure that could sustain or add to the range of waste management facilities noted in the North Wales Regional Waste Management Plan.

POLICY D2 – INDUSTRIAL SITES Land and units on Industrial Sites will be safeguarded for Classes B1, B2 and B8 uses. To approve developments which are not B1, B2 or B8 uses if they are small-scale supplementary business facilities; provide waste management facilities or other 'sui generis' uses with similar features to activities in B1 and B2 classes; or, do not lead to lack of land units for B1, B2 and B8 uses.

POLICY D6 – INDUSTRIAL/BUSINESS UNITS WITHIN DEVELOPMENT BOUNDARIES. To approve proposals provided that the site has not been designated for any other use and that the scale, type and design of the development is appropriate for the site and is compatible with other existing nearby uses.

POLICY CH33 – SAFETY ON ROADS AND STREETS Development proposals will be approved provided they can conform to specific criteria relating to the vehicular entrance, the standard of the existing roads network and traffic calming measures.

POLICY CH36 – PRIVATE CAR PARKING FACILITIES Proposals for new developments, extensions to existing developments or change of use will be refused unless off-street 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 proximity of the site to a public car park.

Supplementary Planning Guidance – Development Brief

2.3 National Policies:

Planning Policy Wales – Fifth edition (November 2012)

Technical Advice Note (Wales) 11: Noise Technical Advice Note 12: Design Technical Advice Note (Wales) 15: Development and Flood Risk Technical Advice Note 18: Transport Technical Advice Note (Wales) 21: Waste, Welsh Assembly Government Technical Advice Note 22: Planning for sustainable buildings

Supplementary Planning Guidance: Development Briefs Supplementary Planning Guidance: Planning for sustainable building Gwynedd Design Guidance

3. Relevant Planning History:

C98D/0449/24/LL – Erection of security fence and provision of posts storage equipment. Approved 04.01.99 C06D/0310/24/HT – Erection of 15 metre telecommunication mast. Approved 20.05.98 C96D/0169/24/AM – Construction of food supermarket, service yard and car park. Refused 23.01.97 and refused on appeal. 2/24/225P – Storage space for oil. Approved 29.09.92

4. Consultations:

Community/Town Council: No objection; however, at its meeting on 8 January 2013 concern was expressed regarding the condition of drains on the industrial estate in general.

North Wales Planning, Given the proximity of the C21 waste site to the town centre, Mineral and Waste Service: the local school and residential units in Porthmadog, it is not likely to be chosen as a strategic waste site in the Local Development Plan. Also there are issues regarding the location of the site in a C1 flooding zone that have become apparent since the site’s designation in the deposit draft version of the UDP in 2005. Therefore, there is no objection to the application.

Environment Agency: No objection on grounds of the Flood Consequences (Natural Resources Wales) Assessment. Conditions.

Welsh Water: Conditions

Transportation: The application shows an outline proposal for two commercial buildings of approximately 900m square in floor area. It is unclear as to whether these buildings will be single- storey or two-storey, therefore, assuming that the proposed height of 7 metres is adequate for two full floors I will consider the proposal as an outline application for two buildings with a floor area of a total of approximately 1800metres square each. In accordance with usual parking standards a parking provision on a ratio of approximately 1 space for every 80 metres square of floor area is expected; therefore, given the possibility of having two-storey buildings, 48 parking spaces would be needed for the site as a whole. I therefore confirm that the proposed parking provision is adequate. As well as the above, the standards state that approximately 150 square metres of surface area is needed for operational requirements (car park, unloading and lorry turning area) and I confirm that the provision shown for this purpose is also acceptable. The site is located within an existing industrial estate, is unlikely to result in a significant increase in traffic flow and makes use of the existing entrance, therefore I have no objection to the proposal.

Public Protection: I understand that the existing use of this site has been designated for waste use. Given the proximity of this site to Ysgol Gynradd Eifion Wyn, Glaslyn Leisure Centre and the food supermarket Lidl, I would like to state that we support the change of use of the site from a waste site to B1, B2 or B8 use class.

The building of Ysgol Eifion Wyn is within 40 metres of the land with the school yard approximately 10 metres from the land. Glaslyn Leisure Centre and the supermarket are also approximately 10 metres each away. Of the three classes of B1, B2 and B8 as a department we would support the use of B1 or B8 over the B2 use in future given the nature and sensitivity of the surrounding buildings and in particular Ysgol Eifion Wyn and the importance of the need to protect the pupils.

Countryside Council for No objection. Wales: (Natural Resources Wales) Network Rail: No objection in principle – observations relating to fencing, land drainage, land levels, safety, layout of the site, landscaping, land disturbance, access, light.

Biodiversity: No objection.

Public Consultation: The statutory publicity period ended on 24.01.13. At the time of writing the report, no observations in objection or in support had been received in relation to this application.

5. Material Planning Considerations:

The principle of the development:

5.1 As noted above, a number of policies within the Gwynedd Unitary Development Plan are relevant when determining the application. The application site is located within the development boundary of Porthmadog on Penamser Industrial Estate which has been designated on the UDP proposals map as a redevelopment site and also as a waste management site. Therefore, the main policies to consider when assessing the principle of the development are policies C1, C3, C5, D2, D6 and C21. In addition to the policies, a development brief has been prepared for the site which forms part of the adopted supplementary planning guidance, which is a material planning consideration.

5.2 Policy C1 designates that land within town and village boundaries and the developed form of rural villages will be the main focus for new developments. Also, policy C3 gives priority to reusing previously developed land or buildings located within development boundaries, rather than using greenfield sites. It is considered that this proposal complies with policies C1 and C3.

5.3 Policy C5 permits development proposals on sites noted on the Proposals Maps as redevelopment sites, provided they are consistent with the development briefs prepared for the sites. The redevelopment sites noted on the Proposals Maps have been identified as sites which offer opportunities for making effective use of previously used land or land not currently used to its full potential. They are in key locations within or adjacent to centres or villages and offer opportunities for economic uses. 5.4 The site’s development brief acknowledges that the site is already empty and unused and in a poor environmental condition and redeveloping the site would result in significant environmental improvements and would offer economic benefits to Porthmadog and the surrounding area. The brief states that the site could be used for many uses including light industry, business, leisure, retail or a mix of uses. The brief acknowledges that part of the redevelopment site has been designated for providing waste management facilities. It is not considered that the application is contrary to the development brief or policy C5; however, consideration will have to be given to Policy C21 which involves safeguarding land for waste management developments.

5.5 Policy D6 supports applications to build new units within development boundaries for industry, provided that the site is not designated for other use and that the scale, type and design of the development are suitable for the site and surrounding area and in keeping with existing uses nearby. The policy is relevant to developments and businesses which are in use classes B1, B2 and B8. Due to the designation as a waste site, the application is not entirely in accordance with criterion of the policy and, therefore, consideration would have to be given to Policy C21. It is considered that the application satisfies the second criterion of policy D6 given the previous use of the site and its location on an industrial estate.

5.6 Policy C21 safeguards land for the provision of infrastructure that could sustain or add to the range of waste management facilities noted in the North Wales Regional Waste Management Plan. This site was noted in policy C21 for uses such as civic amenity or recycling and waste transfer facilities. Waste uses fall under special use classes (‘sui generis’) and, consequently, this application is not entirely in accordance with policy C21 in terms of the use of the development proposed here.

5.7 Despite this designation, the North Wales Planning, Minerals and Waste Service did not object to the application due to the proximity of the site to the town centre, the local school and residential units and, consequently, they did not consider that the site was likely to be chosen as a strategic waste site in the Local Development Plan. Matters regarding the location of the site in a C1 flooding zone have come to light since the site’s designation in the deposit draft version of the UDP in 2005. TAN 15 categorises the types of developments which are very vulnerable to harm and waste disposal sites fall within this category due to the likely danger to the public and the water environment should the site flood. The development brief also outlines physical restrictions to the development of this site which include flood matters. It is likely that this designation has restricted the types of waste disposal use that could be acceptable on the site and has possibly contributed towards the reasons why the site continues to be empty.

5.8 In addition, the site has been empty since 2008, with the exception of one temporary period between 2011 and 2012 when the site was let to an infrastructure company whilst work was being undertaken on the pipe lines in the area. The Marketing Report also shows the owner’s attempt to sell the land since 2008. Since the designation of the site in the Unitary Development Plan, no applications have been submitted in relation to waste management developments.

5.9 As a result of policy C21, it is considered that policy D2 is relevant to this application given the need to provide waste facilities in the area. Policy D2 safeguards land on Industrial Sites for Class B1, B2 and B8 use and other ‘sui generis’ uses with similar features to the activity of Classes B1 and B2. The policy also supports applications to provide waste management facilities which have similar features to the activities of Classes B1, B2 or B8. At present there are several empty sites on Penamser and there is also land which forms part of the designation which remains as undeveloped greenfield land. Due to the support of policy D2 to waste developments on industrial estates in general, it is not considered that this proposal will have a significant detrimental effect on the ability to provide waste management facilities in Porthmadog.

5.10 In considering the policies, it is clear that this plan is in a sustainable location, it makes use of previously developed land, it proposes environmental and visual improvements and offers economic benefits to the area. Despite the site having been designated for waste management use, no application has been submitted for this type of development since the designation of the site. In addition, there is evidence to show that the site has been marketed for approximately five years. Given all the relevant policies and the information regarding this site, it is believed that there is sufficient justification which proves that the proposed uses in this application would be acceptable in principle in this location.

Flooding issues

5.11 The site is located on land which could be under threat of flooding and which is included within the C1 Flooding Zone as defined on the Flood Advice Maps, Technical Advice Note 15 Flood Risk (TAN 15). A Flood Consequence Assessment has been submitted with the application. The proposed uses are defined as a less vulnerable development and, consequently, the Environment Agency had no objection to the application and the application is not contrary to the requirements of TAN 15. It is therefore considered that the application is in accordance with policies B29 and B32.

Sustainability matters

5.12 The site is registered with a BREEAM Assessor and the applicant has submitted a pre- assessment report to show that the units could reach a ‘very good’ level of BREEAM. Planning conditions must be imposed in order to ensure compliance with reaching the appropriate standard. The application therefore complies with policy C7 and TAN 22.

The economy

5.13 Given the size of the site and the units and the proposed use, the proposal will contribute to local jobs and therefore conforms with strategic policies 15 and 16 of the UDP and will have a positive impact on the area’s economy.

Transport and access matters

5.14 Policies CH33 and CH36 relate to safety on roads and streets and private car parking facilities. There is no objection to the proposal in terms of these policies, as a suitable vehicular entrance to the site and the area can be provided, and since the existing roads network can cope with the traffic resulting from the development. The highways authority has responded to the consultation and had no objection to the proposal. With conditions, it is considered that the proposal complies with policies CH33 and CH36 of the GUDP. General and residential amenities:

5.15 Uses B1, B2 and B8 are expected uses on industrial estates; however, the nature of the uses, in particular B2 (General Industry) can affect the general and residential amenities by means of disturbance. The application site is located approximately 50m from the residential houses of Stad Pensyflog and approximately 40m from Ysgol Eifion Wyn and 25m from the leisure centre. No letters submitting observation in favour or against were received following the period of statutory consultation and no objection was received to the application from the Public Protection Service.

5.16 Given the possible nature of B1, B2 and B8 activities and the location of the site, it is appropriate and necessary to impose conditions involving noise levels, working hours including the use of machinery and loading and unloading, submitting air extractor system details and restricting permitted rights. Subject to appropriate conditions, it is not considered that the development will have a detrimental effect on general and residential amenities. Therefore, the proposal complies with the requirements of policy B23 which deals specifically with amenities.

Location, Design and Visual Effect

5.17 Policies B22, B23, and B25 are a consideration for this aspect of the application. Despite the application in question being outline only, indicative plans have been received showing the location, appearance and size of potential buildings on the site. The buildings would be very sizeable and would reflect the size of the other buildings that are on the industrial estate in terms of scale, design and materials. Policy B22 ‘Building Design’ asks the proposal to respect the site and its surroundings in terms of scale, size, form etc.; and for it not to have an unacceptable detrimental impact on the form and character of the surrounding landscape or on prominent public vistas that surround the area.

5.18 Subject to conditions, it would not have an unacceptable detrimental effect on the form and character of the landscape or on the prominent public vistas as the site is already part of the industrial estate. The proposal could contribute to significant improvements to the appearance of the site and the surrounding area. Consequently, it is considered that the proposal is acceptable in respect of Policies B22, B23 and B25 of the Unitary Plan.

6. Conclusions:

6.1 Given the economic benefits of this proposal, the environmental improvements, the length of time the site has been empty and on the market and the fact that the application is in accordance with policies D2 and C5 of the development brief, it is considered that the advantages of this application outweigh the objection of policy C21 and part of D6 in this unique case and the application should not be refused on these grounds only. All material considerations were addressed when determining this application, but this has not changed the recommendation.

7. Recommendation:

To approve – conditions 1. Time condition 2. Submission of reserved matters 3. In accordance with the plans 4. Finishes 5. Working Hours 6. BREEAM 7. Floor Levels 8. Submission of surface water management details 9. Submission of air extractor system details 10. Storage within the building only 11. Keep the parking spaces for parking only 12. Details of floodlights 13. Restriction of permitted rights 14. Noise Conditions 15. Landscaping

Number: 5 Application Number: C12/1611/44/LL Date Registered: 07/01/2013 Application Type: Full - Planning Community: Porthmadog Ward: Porthmadog West

Proposal: FULL APPLICATION FOR THE CONSTRUCTION OF A HAULAGE DEPOT COMPRISING A WORKSHOP, M.O.T. BAY WITH INTEGRAL STORES AND OFFICE BUILDING, CAR PARKING AND TRUCK PARKING AREAS, AS WELL AS AN INERT WASTE RECYCLING FACILITY, AGGREGATE STORAGE BAYS, LOADING AND UNLOADING AREAS, SECURITY FENCING, CREATION OF TWO NEW ACCESSES WITH LANDSCAPING AND DRAINAGE WORKS Location: LAND BY GELERT LTD, FFORDD PENAMSER ROAD, PORTHMADOG, GWYNEDD, LL499SL

Summary of the TO APPROVE WITH CONDITIONS Recommendation:

1. Description:

1.1 This application is to construct a haulage depot comprising a workshop, MOT bay with integral stores and office building with an inert waste recycling facility, security fencing, creation of 2 new accesses with landscaping and surface and foul water drainage. The application area is approximately 1.92ha and includes parking areas for staff and customers, parking for lorries and a provision for disabled parking and access. The application’s details also make provision for movements within the site and confirms the loading and unloading areas and the aggregate storage bays.

1.2 The application’s plans confirm that soil and vegetation need to be stripped from the site and land levels will then be raised with inert material, in order that the site level corresponds to the level of the highway.

1.3 It is proposed to construct two new vehicular accesses to the A497 surfaced with tarmacadam, one for the transport depot on the eastern part of the site and one for the recycling area on the western part. There will be a single-storey office to administrate the activities of receiving and processing inert waste in a purpose built area which comprises sifting and pulverising with machinery to produce secondary aggregates. The materials would include sand, gravel, soil, excavation deposits and other building materials such as bricks and stones with the finished material being stored in concrete bays ready for distribution to customers by the transport contractor.

1.4 The transport depot would be built on the eastern part of the site and would comprise a workshop to measure 24.7m x 26.6m and 9.3m to the apex of the roof. The floor of the site would be a combination of tarmacadam and hardcore of aggregates and it is proposed to agree with the planning authority via a condition on the external materials of the buildings and the fences. The MOT testing facility for heavy vehicles would be available to other companies in the area.

1.5 The site is located on the northern side of the A497 as an extension to Penamser Business Park. A public footpath runs between the existing estate and the application area with the Cambrian Coast Railway running along the north western boundary of the site. Several water courses run through the site which means that it is identified as wet grassland that has been partly improved.

1.6 The application area is a green field, however, it has been designated for B1 (light industry), B2 (general industry) or B8 (storage and distribution) development in the Unitary Development Plan. Furthermore, part of the proposal that would provide the depot for transport vehicles would entail the relocation of the applicant’s existing transport business from its current site near the centre of the town of Porthmadog to this location, which is on an industrial estate.

1.7 The proposed development here would ensure that a facility would be available for the developer in order to sort and process materials sustainably and contribute to attaining the Assembly’s targets to divert waste from landfill.

1.8 The application has been screened for the need for an Environmental Assessment under the Town and Country Planning (Environmental Impact Assessment) Regulations (England and Wales) 1999. The application does not fall within the Schedule 1 criteria, however, it falls within the development description in Section 11b, Schedule 2 (Other Projects). Having assessed the development under the criteria in Schedule 3 of the regulations, it was determined that an Environmental Statement was not required with the application.

2. Relevant Policies:

2.1 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.

2.2 Gwynedd Unitary Development Plan 2009:

STRATEGIC POLICY 2 – THE NATURAL ENVIRONMENT STRATEGIC POLICY 4 – DESIGN STANDARDS STRATEGIC POLICY 8 – WASTE STRATEGIC POLICY 15 – INDUSTRIAL LAND STRATEGIC POLICY 16 – EMPLOYMENT

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 B12 – PROTECTING HISTORIC LANDSCAPES, PARKS AND GARDENS Protect landscapes, parks and gardens of special historic interest in Wales from developments that would cause significant harm to their character, appearance or setting.

POLICY B14 – PROTECTING THE LANDSCAPE CHARACTER OF SNOWDONIA NATIONAL PARK Protect the landscape character of Snowdonia National Park by refusing proposals which are visually obtrusive and/or are located insensitively and unsympathetically within the landscape. POLICY B20 – SPECIES AND THEIR HABITATS THAT ARE OF INTERNATIONAL AND NATIONAL IMPORTANCE Proposals that are likely to cause unacceptable disturbance or harm to protected species and their habitats will be refused unless they can conform to a series of criteria aimed at safeguarding the recognised features of the site.

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

POLICY B23 – AMENITIES 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.

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

POLICY B27 – LANDSCAPING PLANS Ensure that permitted proposals incorporate high quality soft/hard landscaping which is appropriate to 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 FROM FLOODING Manage specific developments in the C1 and C2 flood zones and direct them towards suitable land in zone A unless they can conform to a series of criteria relevant to the features of the site and to the purpose of the development.

POLICY B32 – INCREASING SURFACE WATER Refuse proposals that do not include flood minimisation measures or appropriate mitigating measures that will reduce the volume and rate at which surface water reaches and flows into rivers and other water courses.

POLICY B33 – DEVELOPMENTS THAT CREATE POLLUTION OR NUISANCE. Protect human amenities, the quality of public health and the natural or built environment from high levels of pollution.

POLICY B34 – LIGHTING AND LIGHT POLLUTION Ensure that proposals do not significantly harm the amenity of neighbouring land uses and the environment.

POLICY C1 – LOCATING NEW DEVELOPMENT Land within the development boundaries of towns and villages and the developed form of rural villages will be the main focus for new development. New buildings, structures and ancillary facilities in the countryside will be refused with the exception of a development that is permitted by another policy of the Plan.

POLICY C22 – WASTE MANAGEMENT FACILITIES Proposals for waste management facilities will be approved provided that they are justifiable in terms of the ‘Best Practicable Environmental Option’, the waste disposal hierarchy and the proximity principle provided there is demonstrable local need for the development.

POLICY CH22 – CYCLING NETWORK, PATHS AND RIGHTS OF WAY All parts of the cycling network, footpaths and rights of way will be protected by encouraging proposals which will incorporate them satisfactorily within the development and by prohibiting plans to extend the cycling network, footpaths or rights of way. Should this not be possible, appropriate provision will have to be made to divert the route or to provide a new and acceptable route.

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 provided they can conform to specific criteria relating to the vehicular entrance, the standard of the existing roads network and traffic calming measures.

POLICY CH36 – PRIVATE CAR PARKING FACILITIES Proposals for new developments, extensions to existing developments or change of use will be refused unless off-street 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 proximity of the site to a public car park.

POLICY D2 – INDUSTRIAL SITES. Land and units on Industrial Sites will be safeguarded for Classes B1, B2 and B8 uses. To approve developments which are not B1, B2 or B8 uses if they are small-scale supplementary business facilities; provide waste management facilities or other 'sui generis' uses with similar features to activities in B1 and B2 classes; or, does not lead to lack of land units for B1, B2 and B8 uses.

2.3 Supplementary Planning Guidance Gwynedd Design Guidance 2002

2.4 Regional Plans North Wales Regional Waste Plan 2003 (First Review 2009).

2.5 National Policies: Technical Advice Note (Wales) 15: Development and Flood Risk. Welsh Assembly Government Technical Advice Note (Wales) 18: Transport, Welsh Assembly Government Technical Advice Note (Wales) 12: Design, Welsh Assembly Government Technical Advice Note (Wales) 21: Waste, Welsh Assembly Government Technical Advice Note (Wales) 11: Noise, Welsh Assembly Government Technical Advice Note (Wales) 15: Development and Flood Risk Planning Policy Wales 2012. Welsh Assembly Government Policies, guidelines and general principles contained in Technical Advice Note (Wales) 1: Aggregates (March 2004), Welsh Assembly Government

3. Relevant Planning History: None

4. Consultations:

Porthmadog Town Council No objection.

Transportation Unit: No objection subject to the following:  The planning and construction of the accesses will be in accordance with submitted plans.  Compliance with all the conditions in relation to the access to the county road prior to commencing the remainder of the development.  The applicant must take every care to prevent surface water from the curtilage of the site from discharging onto the highway.  The car parking space must be completed to meet the requirements of the Local Planning Authority prior to the commencement of the use permitted here.  The applicant is instructed to write to the Street Works Manager to receive permission under Section 171/184 of the Highways Act, 1980 to undertake any work within the road/pavement/green verge which is required to construct the access.

Environment Agency (Natural Having considered the Flooding Consequences Assessment submitted Resources Wales) with the application, NRW advise that the consequences of flooding can be managed.

No objection to the development if the following conditions are attached to any planning consent:  Level of the development’s finished floor to be no lower than 3.95m AOD,  Submit and implement a scheme for the approval of the planning authority to control surface water,  All facilities for the storage of oils, fuels or chemicals to be located on impervious bases,

NRW also draw attention to the following issues:  Confirm the drainage network and the details of the vehicle washing facility,  Requirement for an Environmental Licence under the control of NRW to operate the site as an inert waste processing site,  Due to several discharges to a water course, the applicant should consider connection to the main sewer,  Consider measures to alleviate the possible impact of the development on the area’s wildlife and provide land to compensate for the water vole’s habitat,  Ensure that a licence or permission from NRW is in place if it is proposed to use inert waste during the building work,  All building work to consider NRW's guidance to prevent pollution,  Confirm that the 7m wide strip through the middle of the site is sufficient for the maintenance requirements of NRW  Any structures associated with creating an outfall or culvert require consent from NRW.

Countryside Council for Wales No objection subject to the following observations: (Natural Resources Wales):  Agree with the findings of the ecological study and considering the nature of the development, the view is that there will be no negative impact on any nature or landscape protection designations. No impact either on the population of any national or European species with statutory conservation status.  In addition to the avoidance measures mentioned in the ecological report, it is suggested that the Biodiversity avoidance scheme should be subject to a planning condition.  Suggest consultation with the Council’s Biodiversity Unit under the implications of Section 40 of the Act, NERC consider safeguarding local Biodiversity

Gwynedd’s Conservation No specific observations on the application as the proposal will not Officer: have an impact on any Listed Building or Conservation Area. Suggest contacting Gwynedd’s Archaeological Planning Service as the site is located within a landscape of exceptional historic interest.

Gwynedd Biodiversity Unit: Second Response Verbal response confirming appropriate provision and measures to alleviate the impact of the development on the water vole and reptile population outlined in the ecological survey undertaken in May 2013. Ensure that these measures are implemented via a planning condition.

Gwynedd Countryside and The Countryside and Access Unit state that it is necessary to ensure Access Unit: that public footpath no.7, (Porthmadog) will be protected during, and also at the end of this development.

CPRW:  Support the proposal to relocate the business as it is necessary to drive through a residential area to gain access to the existing site.  Choice of site is essential considering the shortage of sites in the area.  Support the proposal to screen the site with a mixture of deciduous and evergreen trees considering the importance of the tourist industry to the local economy.  The development maintains the company’s employment levels.

Network Rail: No objection in principle, but draw the applicant’s attention to a series of health and safety issues requiring compliance under the authority of the railway undertaker.

Gwynedd Economy and It appears that the site has been designated for employment purposes Community Department: in the Local Development Plan and therefore there is no objection.

Welsh Water: No response.

Public Protection Unit: No response.

Gwynedd Archaeological No response. Planning Service: ScottishPower: No response.

Public Consultation: A notice was posted on site and nearby residents were informed. The advertisement period expired on 6th February 2013, and three letters / correspondences were received objecting to the application on the following grounds:

 Objection to the development of the western side of the site as a recycling facility,  Not aware that the whole site was designated in the Unitary Development Plan for employment use,  Impact of dust,  Noise impact,  The nearby highway is unsuitable for the development,  Impact on the character, heritage and the historical home of Eifionydd,  Impact on the local landscape and views from the National Park and Moel y Gest.  Importance of tourism for the local economy  Detrimental impact on the growth of the town of Porthmadog to the west,  Impact on Biodiversity and the local ecosystem,  Need to assess the application for an Environmental Impact Assessment  The development is contrary to policy,  Potential to pollute local water courses,  Concern regarding the lack of provision for cycling and walkers along the nearby highway.

5. Assessment of the material planning considerations:

Principle of the development 5.1 The requirements of Technical Advice Note 21: Waste, along with the Regional Waste Plan objectives outline the need to develop a sustainable network of facilities for waste treatment, with particular emphasis on the need to provide facilities for re-using and recycling waste. The demand for reusing or recycling waste materials has increased substantially in response to the European directive by means of the Landfill (England and Wales) Regulations 2000, to redirect waste from landfill sites to sources where sustainable use can be made of it.

5.2 The First Review of the Regional Waste Plan was approved by the North Wales Local Authorities in April 2009 and agreed by the Welsh Assembly Government in September 2009, and gives attention to planning requirements in terms of land use for all the controlled waste streams in North Wales, and Gwynedd Council is part of this regional strategy. There is a list of alternative methods in relation to operating differently to land filling/land raising waste as well as sustainable methods of treating and dealing with waste. Furthermore, the Regional Waste Plan projects that a substantial percentage of business and commercial waste will need to be redirected in North Wales by using waste transfer facilities by 2013. 5.3 The development proposed here is located on a plot of land that is protected under policy D2 of the Unitary Development Plan, which safeguards the land and units on Industrial Sites for Class B1, B2 and B8 use. In addition, the provision of waste management facilities or other ‘sui generis’ materials with similar characteristics to the activities of Class B1 and B2 will be permitted as long as the size and design of any new development are in keeping with the local environment and the nature of the site. The objective of Policy D2 is to safeguard industrial sites for some B1, B2 and B8 uses. However, the North Wales Waste Strategy also states the importance of industrial estates as appropriate locations for waste management facilities, as they are activities that provide employment opportunities and have similar features to Class B2 activities. Furthermore, the use of a transport vehicle depot in terms of character is also a similar use to Class B2 use.

5.4 Also, policy C22 approves proposals for waste management facilities that manage waste sustainably and where there is a need for the facility, subject to several criteria. The policy notes that proposals must be acceptable in terms of 'Best Practicable Environmental Option’ (or the Sustainable Waste Management Option), the waste disposal hierarchy and the proximity principle and that a series of criteria are satisfied, including the following: that the location and scale of the development are suitable; that the size of the site/facility corresponds to the estimated annual input of waste to be recycled.

5.5 Policy C1 also designates that land within town and village boundaries and the developed form of rural villages will be the main focus for new developments.

5.6 This application is for a facility that would contribute to increasing recycling and reducing waste that is placed in landfill. The view is that the development and the proposed land use is acceptable in principle at this location and complies with national and regional planning policies and guidelines, and also with Policies C1 and C22 and D2 of the UDP, subject to an assessment of the relevant planning considerations noted below.

Visual amenities 5.7 The site is situated within but on the outskirts of Penamser industrial estate, and there are no statutory or local planning restrictions to safeguard the landscape in the application’s area. However, the application is located opposite a landscape of historical interest and is approximately 1000m from the Snowdonia National Park boundary. The railway borders the northern side of the site with a row of mature deciduous trees defining where the footpath runs opposite the eastern boundary and the remaining Penamser estate. The topography of the land rises to the west and screens some of the development from this direction, however, the visibility of the site opens out as users of the A497 travel towards Porthmadog.

5.8 The application plans indicate a workshop measuring 26.6 metres long, 24.7 metres wide and 9.3 metres high to the roof apex, which will be erected on the eastern part of the site. The floor of the site would be a combination of tarmacadam and hardcore of aggregates and it is proposed to agree with the planning authority via a condition on the external materials of the buildings and the fences. However, it is likely that the most striking element in terms of visual impact will be the activities dealing with the open air waste heaps and the concrete bays for storing aggregate products. When undertaking a visual assessment of the proposal, the location of the development on the outskirts of an industrial estate near the countryside has to be considered.

5.9 TAN 12, Design, states that designing work areas is important, as a high quality design can add to the value of commercial property, maintain a modern business image and encourage further investment. It is important that commercial buildings achieve their purpose, in order to ensure that they contribute to the economic success of their users. However, using high quality materials, flexible internal and external fixtures and with suitable landscaping, such as the form of the land or planting, can help to integrate a new commercial building within its environment.

5.10 Gwynedd design guidance 2004 and policy B22 of the Unitary Development Plan (Building Design) recognises that a development on the outskirts of settlements is a key planning issue and for the area of Porthmadog it offers a range of guidance for new developments. Amongst other considerations, guidance seeks to ensure that developments respect the scale and form of the landscape in terms of size and scale of the building, careful consideration of the choice of materials and colours for the building in order to suit the area and ensure that the treatment of the landscape is considered in the context of the wider landscape. In addition, to ensure that the development will not have an unacceptable detrimental impact on prominent views that the public have into, out of, or across the centre, village, rural village or open countryside.

5.11 In assessing the visual impact of this application, the development is considered suitable for the location with the design and size of the building reflecting the character of the industrial estate’s buildings. The details of the landscaping have been submitted with the application in addition to measures to compensate for the habitat affected as a result of the development. Furthermore, it would be appropriate to impose a condition for landscaping and planting indigenous deciduous trees to screen some of the site in accordance with Policy B27 - Landscaping Plans in the UDP.

5.12 Also, the applicant is required to submit details to be approved for an external lighting scheme that would mitigate any likely impact of glare on the nearby residential area and agree to restrict the height of the waste heaps. Subject to relevant conditions, it is therefore considered that the development itself would not have any negative impact on the visual amenities of the area and, therefore, conforms with Policies B22 and B25 of the Unitary Plan.

General and residential amenities 5.13 The proposal entails the relocation of the applicant’s transport business from the existing site near the centre of the town of Porthmadog to a more suitable location on the outskirts of an industrial estate. In terms of the general location, it is likely that the new location regarding residential amenities would be better than the existing site used for the transport vehicle depot.

5.14 No observations were received from the Public Protection service in response to consultation on the application. However, it has to be recognised that a residential unit is within 260m to the western boundary of the site, although the topography of the land and trees near the highway verge hide some of the activities of the development from this direction. It is likely that the processing and pulverisation of waste and aggregates will be the element that would have the potential to impact the residential amenities of the area and it would be reasonable to set standard conditions to control working hours and noise from the site to alleviate the impact of the development.

5.15 The details of the application require working hours between 5.00 am and 7.00 pm. However, bearing in mind the nature of the work to receive up to 20,000 tonnes of building waste material every year, the appropriate guidance in TAN 1: Aggregates. has to be considered. The guidance for noise levels define a working day period from 7.00 am until 7.00 pm, where noise disturbance from the development should not exceed a specific level (10db higher than the background noise level, which is lower than 45 db(A) or a maximum of 55 db(A) whichever is the lowest). There are more strict levels for working during the night, 42 db(A) and as a result of the development proposed here, the noise restriction at night would be operational between 5.00 and 7.00 am. Bearing in mind the nature of the waste activities, it would be appropriate to restrict receiving, processing and distributing the waste materials to the hours of 07.00 – 19.00 Monday to Saturday and no working on Sunday or Bank Holiday.

5.16 In addition to the planning conditions to ensure that alleviation measures are set to control noise, dust, cleaning vehicle wheels, the site will be operational under an environmental licence under the control of Natural Resources Wales. No waste will be received that is likely to cause an odour nuisance and an appropriate provision will be available to enclose any loads that reek in a sealed container/skip and refuse onto the site. All vehicles that arrive and leave with have sufficient provision to cover loads to prevent waste from escaping.

5.17 Therefore, with appropriate management via planning conditions, it is not considered that the activities associated with receiving and processing waste and maintenance of the developer’s machinery on the site would contribute substantially to the levels of industrial noise in the area and the development therefore conforms to Policy B23 of the Unitary Development Plan – Amenities.

Transport and access matters 5.18 The applicant has submitted detailed plans and a design and access statement which confirm the proposal to construct 2 new vehicular accesses to the A497 and show the purpose built parking areas for the lorries of the business, workers and visitors to the site with an appropriate provision for disabled parking and access. The movement of heavy plant on the site will entail strict restrictions to act in accordance with the health and safety regulations, and as a result, there will only be provision here for customers of the business.

5.19 The Council’s Transportation Unit has no objection to the development subject to planning and constructing the accesses totally in accordance with the plan submitted and to conform with all the amenities in relation to the access to the county highway prior to the commencement of the rest of the development and take every care to prevent surface water from the curtilage discharging onto the highway.

5.20 Considering the parking provision provided within the boundary of the application, it is not likely that there will be any detrimental impact on any road and the road network is therefore suitable for the proposed traffic levels. Therefore, the car parking space must be completed so that it meets the requirements of the Local Planning Authority before the use permitted here is commenced. 5.21 In addition to the above planning considerations, a response was received from Network Rail which lists the various guidance and activities that are beyond planning control, but require consultation in the interests of railway users. It is proposed to attach a copy of their letter as a 'Note to the Applicant’ with the resolution. In addition, the applicant is instructed to write to the Street Works Manager to receive permission under Section 171/184 of the Highways Act, 1980 to undertake any work within the road/pavement/green verge which is necessary to construct the access.

5.22 The Countryside and Access Unit have stated the need to ensure that public footpath no 7 (Porthmadog) located outside the eastern boundary of the site, should be protected during the development period. It is therefore considered appropriate to erect a security fence during the construction period to safeguard the mature deciduous trees located at the sides of the path.

5.23 Therefore, the development is not likely to have a detrimental effect on nearby roads and the proposal is in accordance with the aims of Policies CH22, CH33 and CH36 of the Unitary Development Plan.

Biodiversity matters 5.24 The application is situated on a green site on the outskirts of the town and comprises a damp pasture area (without many species) and sections of rushy meadows. No international, national or local designation exist to safeguard any specific wildlife features on the site. The details of the ecological survey submitted with the application confirm that a series of water courses run through, and are situated on the periphery of the site. The survey and the COFNOD historical data confirm that there is evidence of the water vole on the site and there is potential for reptile species.

5.25 Application details offer a series of protection avoidance measures including the attendance of an ecologist during clearance work on the site in order to catch and transfer reptile species to a local haven and establish a protection zone at least 4 metres from the watercourses that may be the habitat of the water vole.

5.26 In response to consultation, the Biodiversity Unit confirmed that the site was a good habitat for water voles and was likely to support reptiles. However, it was said that it was necessary to complete a water vole and reptile survey between May and September as these species are more active during this time of year. Only after undertaking a survey during the correct time of year can the impact of the development and providing a robust alleviation scheme be assessed, to ensure that the water vole and reptile populations are protected.

5.27 The water vole is protected under schedule 5, Wildlife and Countryside Act 1981 (as amended) and it is an offence to:  Intentionally kill a water vole  Intentionally, or recklessly damage their shelter area  Intentionally, or recklessly disturb the water vole.

5.28 The amended ecological survey confirms that the slope of the water courses on the site are steep, with vegetation falling over them and only record old water vole holes. No evidence was recorded of feeding areas, fresh holes, traces or excrement along the water courses or anywhere else during the survey. It is considered that the wet season, the extended winter and the high water table level on the site has impaired the habitat of the water vole here. Consequently, not much of the existing site would be suitable for water vole holes as they would be likely to flood. In addition, the slopes of the water courses have been compacted with horse footprints seen in several places, leading to the potential of holes being demolished on the ditch slopes.

5.29 The Countryside Council for Wales agree with the findings of the ecological studies and considering the nature of the development they are of the view that there will be no negative impact on any national or European species with statutory protection status. There is no objection to the development if it can be assured that the avoidance measures mentioned in the ecological report are subject to a planning condition. The verbal response received from the Biodiversity Unit confirms that an appropriate provision has been outlined in the ecological survey conducted in May 2013 to alleviate the impact of the development on the water vole and reptile populations.

5.30 Policy B20 of the Unitary Development Plan states that when a development is approved, planning conditions and/or obligations will be used in order to protect and maintain the vitality of the species to ensure that the impact of the development is reduced or mitigated via careful design, work arrangements or other steps, or will take safe and effective steps to relocate the species or the habitat.

5.31 It is considered that the application details have made appropriate provision to alleviate the impact of the development on the area's wildlife and therefore the application is in compliance with policy B20 of the UDP as well as national policies and guidance.

The Local Water Environment and Flooding Issues 5.32 Several water courses run through the site which is part of the C1 Flooding Zone as defined in the Flooding Advice Maps, Technical Advice Note 15 (flooding risk) and is considered as an area of rush pasture/neutral marshy grassland. The main river runs across the site and it is proposed to link the transport depot and the recycling yard by constructing a vehicular access over a ditch with a purpose built culvert. NRW have already confirmed that the 7m wide strip through the middle of the site is sufficient for their maintenance requirements.

5.33 A Flooding Consequences Assessment has been submitted with the application and in response to consultation Natural Resources Wales have confirmed that the flooding consequences can be controlled in accordance with the results of the assessment which states that it should be ensured that the level of the building is no lower than 4.2m AOD and the yard level no lower than 3.95m AOD.

5.34 Full drainage plans and details were submitted with the application and these confirm that the surface water drainage of the site would link to the existing ditch via a preventative system to receive and deposit surface water drain-off in a purpose built underground facility, which then controls the clean water outfall into the water course. It is proposed to construct two separate systems each side of the site with the discharge point at 2.4m AOD, above the worst level of any case of anticipated flooding in the area. Foul water would be dealt with separately.

5.35 Natural Resources Wales have no objection to the development if the following conditions are attached to any planning consent: o Level of the finished floor to be no lower than 3.95m AOD, o Submit and implement a scheme for the approval of the planning authority to control surface water, o All facilities for the storage of oils, fuels or chemicals to be located on impervious bases,

5.36 The site will be licensed by Natural Resources Wales and although there is no intention to duplicate the regulations under their authority, it would however be appropriate to include a list of their desired conditions and attach a copy of their letter as a ‘Note to the Applicant’ with the resolution in order to draw the applicant’s attention to licensing issues under their authority.

5.37 It is therefore considered that the development itself would not have any negative impact on the local water environment and, therefore, conforms with Policies B29, B32 and B33 of the Unitary Plan.

Sustainability matters 5.38 The development in terms of its nature is sustainable as it has significantly increased the amount of waste to be treated in a sustainable manner to reach the Assembly targets, which has already been assessed in this report under ‘Development Principle’.

The economy 5.39 The proposal will ensure that full-time jobs are retained and therefore conforms with strategic policies 15 and 16 of the UDP and will have a positive impact on the area’s economy.

Response to the public consultation 5.40 The main third party concerns in response to the consultation on the application deal mainly with the possible impact of noise, dust, traffic, local tourism, pollution of water courses, the area’s biodiversity and the impact of the proposal on the area’s visual amenities.

5.41 The Local Planning Authority has considered these objections as relevant considerations when preparing recommendations for this application. In addition, the relevant considerations to this proposal have been assessed bearing in mind the relevant planning policies and guidance.

6. Conclusions:

6.1 Having considered all of the above issues, it is considered that the development is acceptable in principle and is in accordance with the aforementioned local and national policies. Gwynedd must significantly increase the amount of waste to be handled in a sustainable way if it is to meet the Assembly’s targets; and contribute towards reducing the percentage of waste that is sent to landfill. This development would contribute towards providing a network of sustainable waste facilities in the County in accordance with the requirements of Policy C22 of the UDP.

6.2 Implementing the waste strategy and meeting the Assembly’s targets are priorities for the Council, and a network of sites should be provided to deal with waste collection in order to fulfil the task. The Council has to significantly increase the waste to be recycled if the Assembly’s targets are to be reached. 6.3 Relocating the transport vehicle depot to this location would also be acceptable in terms of principle, bearing in mind the features of this use and the site designation.

6.4 There would be no detrimental effect on the users of the existing road network and the Transportation Unit has no objection to the application.

6.5 The development would not create pollution, add to the surface water or threaten flooding and Natural Resources Wales have no objections to the application subject to the planning conditions;

6.6 The development would not have a detrimental impact on the area’s visual amenities or on the views in and out of the National Park.

6.7 In relation to the likely impact on the nearby area, industrial developments already exist or have planning consent in the area and it is not envisaged that there would be a significant detrimental effect on the amenities and privacy of nearby residents as a result of this development as long as mitigation measures are agreed via landscaping and planning conditions to control noise, dust and working hours.

6.8 The proposal is situated on land earmarked for employment use under policy D2 of the UDP.

6.9 It is considered that the application details have made appropriate provision to alleviate the impact of the development on the area's wildlife and therefore the application is in compliance with policy B20 of the UDP as well as national policies and guidance.

7. Recommendation:

7.1 To delegate powers to the Planning Manager to approve the application, subject to the expiry of the consultation period and the following conditions: -

 Noise and dust monitoring and management plan,  Planting/management plan and after-care of vegetation surrounding the site  Details of floodlights,  Agree on the height of waste stock piles on the site,  Restriction of permitted rights,  Standard noise conditions, no more than 10db above background noise level in the nearest noise sensitive premises and no more than 55db at any time, whichever is the lower level,  Agree via a condition on the colour of the buildings and the fence surrounding the site that is fitting for the industrial estate and the surrounding area,  Working Hours,  Appropriate provision for the storage of oils, chemicals and hazardous substances,  Implement appropriate measures as outlined in the ecological surveys to alleviate the impact of the development on the water vole and reptile population,  No cause to pollute water courses during the construction period or when the site is operational.

Number: 6 Application Number: C13/0102/09/LL Date Registered: 31/01/2013 Application Type: Full - Planning Community: Tywyn Ward: Tywyn

Proposal: RESIDENTIAL DEVELOPMENT OF 18 DWELLINGS Location: THE MARKET LAND, SANDILANDS ROAD, TYWYN, GWYNEDD, LL369AP

Summary of the TO DELEGATE THE RIGHT TO APPROVE SUBJECT TO THE Recommendation: CONSULTATION PERIOD ENDING AND RECEIVING FAVOURABLE OBSERVATIONS FROM ALL STATUTORY CONSULTEES, AND TO RELEVANT CONDITIONS

1. Description:

1.1 This is a full application to erect 18 residential dwellings on a redundant plot of land (a former livestock market site) which is situated to the north-west of the town, and create a new access from the third class county road (Sandylands Road), drainage work and landscaping. The new access would be situated half way along the front of the site with a boundary wall (1m in height) of natural stone forming the visibility splay towards the eastern boundary of the site with the road itself. To the north of the site is an estate that has a high density of dwellings (Pen Morfa) opposite the county road, and to the east there is open agricultural land together with single-storey dwellings. To the south is a residential dwelling (Dysynni Wharf) and a plot of open land and to the west are the railway tracks of Arriva Trains Wales and Cardigan Bay. Although the site is not specifically earmarked for a housing development, it is located within the development boundary of Tywyn as contained in the Gwynedd Unitary Development Plan. Following recent discussions with officers, the information and the plans that had been submitted originally with the application have been revised based on:-

(i) A 2m high wooden fence located along the northern and southern boundary of the site, on the grounds of safeguarding the privacy of current residents and the residents of the proposed dwellings. (ii) A language impact assessment was submitted in accordance with the requirements of the Supplementary Planning Guidance: Planning and the Welsh Language (November, 2009) which states that there will be no effect or impact on the fabric of the local society in terms of culture and native traditions should this application be approved. (iii) Exchange dwellings that are two storey and two and a half storeys high that back onto the Pen Morfa houses for houses that are one and a half storey high, in order to reduce any overlooking or sheltering on the residents of the Pen Morfa houses. (iv) Changes to the block plan and the location of the houses within the site.

1.2 The site is currently open and derelict with vegetation on it, especially along the boundaries, and the land slopes down in an eastwards direction, towards the county road. A public sewer crosses the site towards Pen Morfa. The lowest part of the site is located in a C1 Flood Zone, as defined by the maps in Technical Advice Note 15 on Development and Flood Risk (2004). 1.3 The proposal involves three different types of dwellings that vary from two and a half storey houses (4 bedrooms) to one and a half storey houses (two bedrooms). This mixture of housing is based on the local needs of the community for 2-3 bedroom houses i.e. first homes for local families. The layout of the development has been designed based more or less on a ribbon development on either side of the proposed estate road, together with restrictions relating to the parking provision, landscaping, a recreational open space and a clear space where the protection zone to the public sewer crosses the site.

1.4 The external elevations of the dwellings include natural slate for the roofs, pebbledash on the walls, windows and doors of a brown stained wood with a satin finish, and brickwork for the plinth. The houses have been laid out on the site so that they are accessible to the occupants, and each dwelling has its private amenity space and off-street parking spaces. Some cut and fill engineering work will need to be undertaken in order to level out the current topography of the land for locating the dwellings themselves, parking spaces and the estate road.

1.5 In accordance with the requirements of Technical Advice Note 12 on “Design” (June 2009), a Design and Access Statement was submitted which refers to the five statutory headings, and it is believed that its contents reflect the nature and scale of the application. In accordance with the requirements of Natural Resources Wales, a floods consequence assessment was submitted, together with a level 3 code for sustainable homes assessment.

2. Relevant Policies:

2.1 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.

2.2 Gwynedd Unitary Development Plan 2009:

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

POLICY B23 – AMENITIES 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.

POLICY B25 – BUILDING MATERIALS The visual character of the Plan area will be protected by ensuring that only natural Welsh slates or slates that are similar in terms of appearance, colour and weathering properties are permitted on roofs, except in circumstances in which the type of building or its particular setting, or the sustainability benefits, are such that another material would be appropriate. In respect of other building elements, developments will be required to use high quality building materials that complement the character and appearance of the local area. Proposals that introduce substandard or intrusive materials will be refused. POLICY B29 – DEVELOPMENT ON LAND AT RISK FROM FLOODING Manage specific developments in the C1 and C2 flood zones and direct them towards suitable land in zone A, unless they conform to a series of criteria relevant to the features on the site and to the purpose of the development.

POLICY C1 – LOCATING NEW DEVELOPMENT Land within the development boundaries of towns and villages and the developed form of rural villages will be the main focus for new development. New buildings, structures and ancillary facilities in the countryside will be refused with the exception of a development that is permitted by another policy of the Plan.

POLICY C3 – RE-USING PREVIOUSLY DEVELOPED SITES Proposals that give priority to re-using previously developed land or buildings that are located within or near development boundaries will be permitted provided the site or building and the proposed use are appropriate.

POLICY C7 – BUILDING IN A SUSTAINABLE MANNER Proposals for new development or for the adaptation and change of use of land or buildings will be refused where consideration has not been given to specific environmental matters. Proposals must conform to specific criteria relating to building in a sustainable manner, unless it can be demonstrated that it is impractical to do so.

POLICY CH4 – NEW DWELLINGS ON UNALLOCATED SITES WITHIN THE DEVELOPMENT BOUNDARIES OF LOCAL CENTRES AND VILLAGES Approve proposals to build new dwellings on unallocated sites within the boundaries of Local Centres and Villages provided they conform to criteria aimed at ensuring an affordable element within the development.

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

POLICY CH36 – PRIVATE CAR PARKING FACILITIES Proposals for new developments, extensions to existing developments or change of use will be refused unless off-street 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 proximity of the site to a public car park.

Gwynedd Design Guidelines (April 2003).

Supplementary Planning Guidance: Planning and the Welsh Language (November 2009)

2.3 National Policies:

Technical Advice Note 12 on “Design” (June 2009).

TAN 15 on “Development and Flood Risk” (2004).

TAN 18 on “Transport” (March 2007) Planning Policy Wales, 5th edition (November 2012), Chapter 4 on “Sustainability”, Chapter 9 on “Housing” and Chapter 13 on “Minimising and Managing Environmental Risks and Pollution”.

3. Relevant Planning History:

3.1 Application number 5/79/38 – outline application for a residential development, approved June 1986.

3.2 Application number 5/79/38A – outline application for a development of 18 first home houses, approved June 1991.

3.3 In 2004 an application was approved to erect six dwellings between Pen Morfa and the railway, immediately to the north of the application site, with a condition that access for construction transport was to be through the current application site. An application was made to remove the relevant condition but it was refused on appeal in 2006.

4. Consultations:

Community/Town Council: Not received.

Transportation Unit: No objection, with relevant conditions.

Natural Resources Wales: No objection, but with conditions relating to the finished levels of the houses, and a procedure for managing surface water.

Welsh Water: Standard conditions.

Access Officer: Acknowledge what is proposed. Need to comply with the requirements of the “Lifetime Homes Standard”.

Network Rail: Observations regarding a level crossing, fencing, drainage, security, land levels, the site plan, piling works, noise, landscaping, lighting and a safety barrier. Most of these matters relate to requirements that are beyond the remit of planning. By now the site plan has been revised to ensure that there is a space of 2m between the side of the dwelling on plot 8 and the railway. A metal palisade fence already exists between the application site and Network Rail’s land.

Housing Strategy: No mention of an affordable housing provision with this application.

Public Protection Unit: Not received.

Public Consultation: A notice was posted on site and nearby residents were informed. The consultation period ended on 28.02.13 and two letters / items of correspondence were received objecting on the following grounds:  The existing sewage system in the area is ancient and already works under pressure. If the application is approved, the current system must be upgraded.  Heavy traffic already uses the local roads, and the proposal will add to the existing traffic, especially given that Sandylands Roads is not a through road (a dead end).  Approving the application would mean losing an open space in this part of the village. Following the receipt of revised plans, a further consultation period is underway, which has not expired at the time of writing the report. We trust that the information will be in hand by the date of the Committee.

5. Assessment of the material planning considerations:

The principle of the development 5.1 The principle of developing this particular site for dwellings is acceptable as it is located within the development boundary of Tywyn as contained in the Unitary Plan. Policy C1 of the Unitary Plan states that new developments should be located within the development boundaries of towns and villages, which will be the main focus for new development. Policy C3 states that proposals that give priority, wherever possible, to re- using previously developed land or buildings that are located within or near development boundaries, rather than using greenfield sites, will be permitted provided the site or the proposed use are appropriate. It is believed, in this case, that the site and the principle of using it for residential dwellings are acceptable on the grounds of density, design, visual and residential amenities, infrastructure and road safety below.

Visual amenities 5.2 The site is located in a fairly prominent location in the streetscape, to the north-west of the town itself in an established residential area. The slope and topography of the land means that it flows down towards the county road. And this part of the development will be prominent in the streetscape. It is not believed, based on design, elevations and the materials of the proposed dwellings that they would have a significant or substantial impact on the amenities of this part of the town, given that established residential areas are already located close to the application site. As the site is located between existing developments of various designs, it integrates well with the current built form of this part of Tywyn. The Unitary Plan and documents such as Technical Advice Note 12 on “Design” encourage new and different designs rather than common and boring designs. In this case, it is believed that the design and materials of the proposed dwellings contribute to the variety and eclectic mixture of dwellings that are currently found around the site. It must also be remembered that the application site is currently derelict and is an eye-sore in the streetscape, and that approving this application would add to the character of the streetscape rather than detract from it. Therefore, it is believed that the proposal is acceptable on the grounds of policies B22, B23 and B25 of the Unitary Development Plan, and also the advice contained in TAN 12 on “Design” (June 2009) and the Gwynedd Design Guidelines (April 2003). General and residential amenities 5.3 As referred to above, the design and layout of the development means that the proposed dwellings are set on either side of the estate road which means that they are located according to the shape of the site, with their backs facing the residential property of Dysynni Wharf and 8-11 and 26-29 Pen Morfa. The Dysynni Wharf property is positioned opposite the southern boundary of the site, with houses that are two and a half storey high located either end of the dwelling itself, and a single-storey house located in the middle between them. There is an empty space of approximately 5.5m between Dysynni Wharf and the rear of the proposed houses, and although the dwelling has two windows on the ground floor facing the north, it is not believed that the houses in plots 5 and 6 will have a substantial and significant effect on the amenities of the residents of Dysynni Wharf as the houses themselves have been positioned on the site to ensure that the main visibility is out of the windows (particularly on the first floor) that look to the side and above the dwelling itself (it is also noted that bedrooms are not considered to be living rooms). Skylights will be used on the second and a half floor in order to reduce any overlooking. A single-storey house is located 4m to the north of Dysynni Wharf which means that there will be no overlooking to the dwelling as the bedroom windows are installed in the roof. It is also believed that the single-storey house on plot 7 will not shelter the residents of Dysynni Wharf, taking into consideration the flow of the roof and the height of the single-storey house, where the main windows are positioned on the northern elevation of the house. Plot 7 is positioned at an angle to the north-west of Dysynni Wharf, but it does not have windows on the gable-end that faces the dwelling itself. In addition to this it is intended to install a wooden fence measuring 2m in height along the southern boundary of the site, which will create a screen and protect the privacy of the residents of Dysynni Wharf and the residents of the proposed houses. Along the northern boundary of the site there are two terraces of houses known as 8-11 and 26-29 Pen Morfa. These established dwellings have gardens and curtilages behind them, and a variety of structures are contained in them, including boundary walls/fences, sheds and extensions. The void between the rear of these dwellings and the rear of the proposed dwellings varies from 9m to 13m. Taking this proximity into consideration, and the risk of overlooking and loss of privacy, together with the dominating element, the applicant has changed the type of residential units in this part of the site, with six of the 2 storey/2 and a ½ storey dwellings exchanged for single-storey houses (this change does not include plots 15 and 16 as these houses look over open land/public amenity in Pen Morfa). Plots 12 and 13 have been repositioned so that the gable-end of number 12 faces the rear of the Pen Morfa houses (there are no windows on the gable-end of number 12) and plots 17 and 18 have also been repositioned to reflect this, with the gable-end of number 18 facing the rear of the Pen Morfa houses. By making these improvements the applicant is also providing a variety of different types of houses, in order to contribute towards meeting the need for affordable housing in the community. It is also intended to place a 2m high fence along the northern boundary of the site (like the one along the southern boundary) in order to ensure the privacy of the existing residents and the prospective occupants of the new houses. It is therefore considered that the application is acceptable in terms of the requirements of policies B23 and CH4 of the Unitary Plan.

Transport and access matters 5.4 The new access is located in a place which complies with the requirements of road safety guidelines, and also the estate road, associated footpaths and the parking spaces. However, the proposed land levels should be revised to ensure an acceptable gradient along the land to promote effective surface water run-off. Although concern was expressed on the grounds of an increase in the traffic using the existing roads, it is not believed that the scale of the development will have a detrimental impact on the adjacent third class county road, as the road already serves a vast number of dwellings in the area. It is suggested that relevant highway conditions be attached to any permission. It is believed that the proposal is acceptable based on Policy CH33 and CH36 of the Unitary Plan.

Sustainability matters 5.5 As referred to in the above assessment, a level 3 code for sustainable homes pre- assessment has been submitted with the application, which states that the code’s targets can be met for reaching level 3 with at least 64 credits (the minimum required is 57 credits). It is therefore considered that the proposal is acceptable in terms of the requirements of Policy C7 of the Unitary Plan.

Flooding issues 5.6 As the lowest part of the site is located in a C1 flood zone (as defined in the document Technical Advice Note 15 on “Development and Flood Risk”), the floor levels of the houses that are located within the zone have been raised to comply with the requirements of Natural Resources Wales. A floods consequence assessment was submitted with the application which promotes these levels. It is therefore believed that the proposal is acceptable based on the requirements of Policy B29 of the Unitary Plan, and the floor levels can be managed through a relevant condition.

Infrastructure matters 5.7 The application was originally objected by Welsh Water on the basis that the development would overload the public sewer system, and Welsh Water have no plans in the pipeline to upgrade this system. However, after looking into the proposal further, Welsh Water have now withdrawn their objection, and have included standard conditions in relation to disposing of surface/foul water from the site. They also note that a public sewer crosses the site.

Community benefit / 106 Agreement issues 5.8 The site is located within the Tywyn development boundary which is recognised in the Unitary Plan as a Local Centre. The relevant policy here is Policy CH4 of the Unitary Plan in relation to new housing on unallocated sites within the boundaries of local centres and villages. The first guideline states that a percentage of the units on each site (which will vary from site to site) must be affordable units that meet a general local need, unless the Local Planning Authority can be satisfied that it would not be appropriate to provide affordable housing on the site. In this case, and taking into consideration the design and size of the proposed houses together with their location in the town of Tywyn, it is not believed that there is a need to formalise the need for affordable housing by asking the applicant to sign a legal agreement under Section 106. The applicant has stated as part of the planning application that the houses have been specifically designed for meeting the needs of the local housing market, and they are priced at around £130,000, and on this price level it is believed they are affordable in accordance with the requirements of Gwynedd Council’s Housing Strategic Unit. It is believed that the remaining criteria in this particular policy which relate to size, design, layout and building materials are acceptable, and therefore comply with the requirements of Policy CH4 of the Unitary Plan. Response to the public consultation 5.9 The concerns of some of the local residents with regard to this application have already been referred to. Nevertheless, it is believed that officers have considered these objections as material considerations in preparing a recommendation on this application and have concluded, after weighing up, that the development submitted is acceptable subject to relevant conditions.

6. Conclusions: 6.1 Taking into consideration the above assessment, it is believed that the proposal (based on the latest revised plans) is acceptable on the basis of location, density, design, scale, materials, infrastructure, road safety, flood risk and residential and visual amenities, but subject to the expiry of the consultation period and receiving favourable observations from the statutory consultees.

7. Recommendation: 7.1 To delegate powers to the Senior Planning Manager to approve the application, subject to the expiry of the consultation period and on receiving favourable observations from all the statutory consultees, and relevant conditions relating to:-

7.2 1. Five years 2. In accordance with the revised plans 3. Natural slate 4. Highway conditions 5. Natural Resources Wales conditions 6. Landscaping 7. Welsh Water conditions 8. Erecting screening fences along the northern and southern boundaries A note regarding the public sewer.

Number: 7

Application Number: C13/0404/46/LL Date Registered: 19/04/2013 Application Type: Full - Planning Community: Tudweiliog Ward: Tudweiliog

Proposal: SITE TWO ADDITIONAL STATIC CARAVANS, RESITING OF EXISTING STATIC UNITS, CONSTRUCTION OF CAFE/OFFICE/TOILET BUILDING, INSTALL NEW DRAINAGE SYSTEM TOGETHER WITH LANDSCAPING. Location: MOEL Y BERTH CARAVAN SITE, LLANGWNNADL, PWLLHELI, LL538NT

Summary of the TO APPROVE WITH CONDITIONS Recommendation:

1. Description:

1.1 This is an application for the siting of two additional static caravans on the existing site which would increase the total number of units from 15 to 17. The application also seeks to relocate existing units and erect a new building to provide toilet and laundry facilities, along with a café/shop for public use. It is proposed to install a new drainage system and undertake work to widen the access to the field and create a new road which will lead to the caravans. The proposal also shows an intention to landscape and reinforce existing hedges and planting new trees on the boundaries.

1.2 The caravan site is located in a rural area in Llangwnnadl off a winding rural unclassified road which leads to the beach at Porth Colmon. Access to the site is gained by means of a vehicular track approximately 120m which also leads to the property of Moel y Berth. Open fields surround the site except the field to the west, which is also a separate static caravan site. There are two public footpaths near the site, one running along the western boundary of the field past the house, and the other parallel to the vehicular track. Both coastal paths join close to the entrance to the field, and follow the site’s northern boundary clawdd in the direction of Porth Colmon Beach. The site is located within an Area of Outstanding Natural Beauty and near a Heritage Coast.

1.3 A previous application, C12/0379/46/LL seeking 15 new static units on the site to increase the numbers from 15 to 30, was refused at the Planning Committee on 30 July 2012 in accordance with the recommendation of officers. The application also sought to erect a new ancillary building, installation of a drainage system and undertaking landscaping work. The application was refused on grounds that the additional numbers was excessive, impact on the AONB as well as increase in traffic due to the increase in numbers.

1.4 The application is submitted to Committee as the service had received three objections to the application.

2. Relevant Policies:

2.1 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. 2.2 Gwynedd Unitary Development Plan 2009:

B8 – THE LLŶN AND ANGLESEY AREAS OF OUTSTANDING NATURAL BEAUTY (AONB) - Safeguard, maintain and enhance the character of the Areas of Outstanding Natural Beauty by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features of the site.

B9 – THE HERITAGE COAST – Refuse proposals for any building or structure on the heritage coast unless they can conform to a series of criteria aimed at avoiding significant damage to recognised features.

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

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

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

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 ancillary facilities in the countryside will be refused with the exception of a development that is permitted by another policy of the Plan.

CH33 – SAFETY ON ROADS AND STREETS - Development proposals will be approved provided they comply with specific criteria relating to the vehicular access, the standard of the existing roads network and traffic calming measures.

CH34 – RURAL LANES - Development proposals will be refused if they cause an unacceptable increase in the number of vehicles using Rural Minor Roads where the main users are expected to be pedestrians, cyclists or horse riders.

CH36 – PRIVATE CAR PARKING FACILITIES - Proposals for new developments, extensions to existing developments or change of use will be refused unless off-street 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 proximity of the site to a public car park.

Policy D13 – ATTRACTIONS AND FACILITIES – Proposals for the development of new attractions and facilities for visitors, or to improve the standard of existing facilities will be approved if they are located within a development boundary or on other specific sites if there are no suitable opportunities within a development boundary. It will be a requirement that each proposal conforms to the criteria regarding the development of ‘niche’ markets or support for the development of the recognised Gwynedd Tourism Strategy and also the design, appearance and setting of the proposed development. D17 – UPGRADING OF EXISTING STATIC HOLIDAY CARAVAN AND HOLIDAY CHALET SITES Proposals to upgrade existing static holiday caravan and holiday chalet sites using specific methods will be approved provided they conform to criteria regarding improving the range and quality of accommodation and facilities; substantial and permanent improvements to the design, setting, and appearance of the site and its setting in the surrounding landscape; together with increasing the number of units.

Supplementary Planning Guidance – Holiday Accommodation (2011)

2.3 National Policies:

Planning Policy Wales, Fourth Edition, February 2011. Technical Advice Note 13 – Tourism

3. Relevant Planning History:

3.1 C12/0379/46/LL - Increase number of static caravans from 15 to 30, new ancillary building, drainage system and landscaping – Refused 30 July 2012

3.2 C05D/0358/46/LL – Installing 11 steel sheds for every individual static caravan - Approved 15 July 2005

3.3 3/4/313A – Increase the number from 15 to 20 caravans – Refused 3 May 1971

3.4 3/4/313 – Three additional caravans – Refused 24 June 1964

3.5 2111B – Caravans in Moel y Berth (15 caravans) - Approved 8 March 1961

3.6 2111A – Increase the number of caravans from 6 to 15 – Approved 17 May 1957.

4. Consultations:

Community/Town Council: Support.

Transportation Unit: Two additional units to the existing 15 would not be a significant percentage increase and, therefore, it is not likely to have a detrimental impact on the local roads network. The café does not seem to have a substantial floor area and, therefore, unlikely to be able to provide for more than the visitors to the site and a few walkers.

Public Protection Officer: It must be demonstrated that the sewerage system is suitable for the maximum number of users.

AONB Officer: Moel y Berth caravan site is near Porth Colmon in the Llangwnnadl area. A narrow road leads to the site and the land is within the AONB which is a special landscape of national importance. The caravan site is long-established and the site is not very prominent in the landscape. In terms of the AONB, the proposal to improve the facilities and introduce more landscaping is supported. There is no objection to two additional static units to facilitate that, provided that they are of a suitable green colour. There is no objection to the principle of an ancillary building, of suitable materials, for toilets, office, laundry and café. However, the proposed building is a substantial size (21m/70feet long and 8m/26.7feet wide) and it is believed that a smaller building would be more in keeping with this rural site in the AONB and a caravan site of the size in question.

Welsh Water: Not received.

Public Consultation: A notice was posted on site and residents who had submitted observations on the previous application were notified. The consultation period ended on 16.05.12 and three letters were received with observations on the following grounds:  No objection to the increase in caravans.  Strong objection to the construction of a shop and café as there is already an existing established shop/café at the adjacent static caravan site which serves the needs of visitors and owners of nearby caravan sites and users of the coastal path.  The number of tourists to Llangwnnadl has reduced in the last 30 years, two shops and a post office have closed.

5. Assessment of the material planning considerations:

Principle of the development

5.1 The main policy of Gwynedd Unitary Development Plan to consider when assessing the principle of the development is policy D17. The policy permits applications for upgrading existing static sites, minor extensions to the land area, relocating units or for a minor increase in numbers provided the three relevant criteria can be conformed to.

5.2 Point 1 of the Criteria: that the proposed development is part of a scheme to improve the range and quality of tourist accommodation and facilities on the site. The scheme demonstrates an intention to undertake numerous improvements to the site, which has remained largely unchanged since it was established in the forties. It is intended to install two additional static caravans to give a maximum of 17 units, along with relocating several units within the existing site. It also shows an intention to invest heavily in a building to provide toilet, laundry and shop/café facilities which would serve the site. The Design and Access Statement notes that the applicant also wishes to attract the public to use the café, and in particular users of the Coastal Path. The proposed building would measure 21m by 8m, and is almost 4.7m in height (168m²) finished with a corrugated steel roof incorporating solar panels and walls clad in timber. Since the previous application, C12/0379/46/LL, the size and height of the building have been reduced and the finish changed to reflect an ancillary building in the countryside, rather than appearing as a dwelling house with a stone and slate finish as per the original plan. The existing proposal is an improvement on the original and certainly it could be argued that there is a genuine need to improve the quality of the existing provision. Although the building remains large in terms of scale compared with the size of the site, the applicant argues that the proposal is necessary in order to justify upgrading and to ensure that the business is viable in future. It is noted that three objections have been received regarding the proposal to establish a shop/ café, arguing that there is no need for another development in the area as there is already a shop/café in operation at the adjacent Llain Fatw caravan site. Despite this, competition between businesses is not a planning consideration. The proposal certainly demonstrates a substantial investment in the site with an attempt to improve the range and quality of facilities and experiences offered to visitors in accordance with the requirements of criterion 1.

5.3 Point 2 of the Criteria: that the proposed development offers significant and permanent improvements to the design, layout and appearance of the site and its setting in the surrounding landscape. The proposed upgrade would mean that several of the existing units would have to be relocated closer to the eastern boundary of the field which, due to the nature of the land-form, is on a lower level than the rest of the field. The applicant has given consideration to the appearance and image of the site, and the Design and Access Statement specifies that all the proposed new caravans and old renovated caravans would be green, to try to assimilate the units into the landscape. Improvements to the access road are also shown, and reinforcement work to the existing boundary hedges and new landscaping within the site to screen the units and to promote nature. The site as it is is visible from public footpaths which join near the entrance and run to the rear of the northern and western boundary of the field and from distant vistas including from high ground and the B4417 county road near Mynydd Cefnamwlch. Relocating some of the units towards the eastern boundary would be an improvement, in terms of the visual amenities of the surrounding area and more widely in the AONB as this is on a level a little lower and has some existing screening which would mean that they would not be as intrusive in the landscape. Similarly, the timber finish and corrugated steel roof of the proposed building would blend in better into a rural background such as this than the building originally proposed. From distant vistas the building, in terms of scale, would give the impression of an agricultural building which would be expected in such a site without having a significant impact on views towards Porth Colmon. It is not considered that an increase of two additional units would have a significant visual impact different from the existing, especially if they are of conservation green colour. Due to the nature of the lay of the field, which slopes down towards the rear of the site, the eastern boundary landscaping measures would be unlikely to screen and conceal the existing caravans entirely; however, replacing them with green ones in the future would be a visual improvement and the relocation is positive in environmental terms. In terms of the nature of the field, it will not be possible to screen this historic caravan site entirely; however, attempts to undertake environmental improvements should be encouraged in the interests of the AONB and the Heritage Coast. The proposed layout would take advantage of existing landscaping elements, with the further landscaping proposed being a positive contribution. It is considered that the proposal complies with criterion 2 of policy D17.

5.4 Point 3 of the Criteria: that any increase in the number of static holiday caravan or holiday chalet units is minor and is commensurate with the scale of any improvements to the site. The policy elaborates further, and states that the increase in numbers should be no more than 10% above the number when the first application to increase the number of units was made. The original application requested to double the numbers from 15 to 30, namely a 100% increase which was excessive and an overdevelopment. In its amended form, the application now seeks an increase of two units to make a total of 17, which is a 13% increase. Although more than 10%, it is considered that two is a reasonable and small increase in terms of scale and considered acceptable to justify the investment and environmental improvements proposed. Therefore, it is considered that the proposal is acceptable and conforms with the objectives of criterion 3 of Policy D17 of the GUDP.

5.5 In terms of the new facilities/café/shop building which forms part of the application, it is considered that policy C1 is relevant. The policy encourages locating new developments mainly within town and village development boundaries but with exceptions. Given that the building is to be located on an existing caravan site, which is a development associated with tourism, it is considered that the proposal satisfies criterion 7 of the policy. Bearing in mind that a coastal path goes past the field boundary and the site location being so close to Porth Colmon bay, it could be argued that there is justification for a development to be located on this site based on connections with a neighbouring attraction or activity. It is therefore considered that the proposal complies with policy D13 of the GUDP.

Visual amenities 5.6 Policy B8 and B9 of the Unitary Development Plan assesses the impact of developments on Areas of Outstanding Natural Beauty and Heritage Coasts. It is noted that the AONB officer considers that two additional caravans is acceptable but expresses concern about the size of the building on a site of this size.

5.7 To some extent, the officer’s observations about the size of the building could be agreed with and it is a matter that has been raised with the applicant. They argue that the building has already been reduced from what was originally proposed and that the building is tantamount to an agricultural shed not uncommon in the surrounding area. Following discussion, the design, height and finish of the building have been changed to ensure that it blends in better and that it does not stand out and have a negative intrusive impact on the landscape. The Local Planning Authority considers that a compromise has been reached to reduce any significant impact on the visual amenities of the area. There is an attempt here to try to safeguard, maintain and improve the character of the AONB so close to the Heritage Coast to comply with the objective of policies B8 and B9 of the GUDP.

5.8 The proposed plan shows details of the existing trees and hedgerows and also lists the type and location of the proposed landscaping. It is considered that the trees/hedgerows are suitable to the site and are in keeping with the current character of the area, and therefore comply with policy B27 of the GUDP. Despite this, because of the nature and lay of the land, the landscaping measures are unlikely to conceal the development completely from distant views; however, any type of landscaping which seeks to improve the existing situation must be encouraged.

Transport and access matters 5.9 Policies CH33 and CH34 of the Unitary Development Plan relate to assessing proposals in terms of their effect on safety on roads and streets, in particular minor rural lanes. The single track from the county road to the caravan site is around 120m without a passing place which is not ideal; however, the Highways Officer is not concerned about an increase of two additional units in this case. In relation to the café/shop, it is intended to attract walkers using the adjacent coastal path. Therefore, the proposal would be unlikely to attract a high density of traffic directly to the site, and would not put significant pressure on the roads network. It is considered that the proposal complies with policies CH33 and CH34 of the GUDP. Sufficient informal parking spaces would be available near the units for the vehicles which complies with the requirements of policy CH36 of the GUDP.

6. Conclusions:

6.1 The current application is a significant improvement on the previous application and has considered the advice of officers in terms of reducing numbers, setting within the site and changes to the design and size of the building. Although the increase is a little more than 10% of the existing number, it is possible to look favourably on two additional caravans to justify the investment and environmental improvements to the caravan park, which has not been developed or updated since its establishment. Although the building is large in size, the finish blends in better to the landscape. In terms of the need for a café/shop, the location of the site is adjacent to the coastal path and it could be argued that such provision would be advantageous as a facility for users of the site and for tourists walking along the paths. In terms of the visual amenities of the surrounding area and the views of the AONB and the Heritage Coast, relocating the units, reinforcing the existing hedges and further landscaping would be positive environmental changes and a significant improvement to the existing situation. Having weighed up the proposal in the context of the relevant policies, it is considered that the application is a significant improvement to the original application and now acceptable to be approved.

7. Recommendation: To approve 1. Five years 2. In accordance with the plans 3. A total of 17 static units only 4. Holiday season 5. Holiday use only 6. New static units and units replaced in the future must be of a green colour. 7. Building roof to be green 8. Finish of the building walls to be agreed 9. Landscaping 10. Demolish the existing toilet block once the new one is constructed.

Number: 8 Application Number: C13/0413/18/AM Date Registered: 28/05/2013 Application Type: Outline Community: Llanddeiniolen Ward: Bethel

Proposal: OUTLINE APPLICATION FOR THE ERECTION OF A RURAL ENTERPRISE DWELLING, TOGETHER WITH ASSOCIATED DOMESTIC GARAGE, PARKING SPACES AND ACCESS Location: DDOL FARM, BETHEL, CAERNARFON, LL55 1UN

Summary of the TO REFUSE Recommendation:

1. Description:

1.1 An outline application for the erection of a new rural enterprise dwelling, together with an associated domestic garage, parking spaces and access. The application includes access and landscaping details, with all of the other matters reserved.

1.2 The application site outlined in red is partially located on an existing agricultural field and existing business yard; no other land has been outlined in blue on the application. The site is located over 250m outside the development boundary of the village of Bethel, from the access track from the B4366 highway towards Caernarfon.

1.3 The proposed site of the plot measures approximately 37m by 24m, with the proposed access track from the existing track measuring approximately 18m long and 3m wide. The block plan shows that it is intended to locate a dwelling house at the rear of the plot, measuring approximately 19m by 10m at its longest and widest point, and covering a floor area of approximately 164 square metres. Illustrative elevation plans note that the proposal is for a single-storey dwelling measuring approximately 2.5m to the eaves and approximately 5.5m to the roof ridge. The code assessment states that the dwelling has three bedrooms and an office. There is an intention to install a garage at the front of the proposed house measuring 6m by 6m, along with a turning space for vehicles and a bin storage area.

1.4 Access to the site is from the B4366 highway along a private track to the Ddol Farm site and the business yard, and a new proposed track for this individual plot is the subject of this application.

1.5 The proposal is submitted as a rural enterprise dwelling, and a design and access statement, a planning statement, a code assessment and details of accounts have been submitted with the application in order to comply with the requirements of local and national policies and guidelines.

1.6 This application is submitted to Committee at the Local Member’s request.

2. Relevant Policies:

2.1 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.

2.2 Gwynedd Unitary Development Plan 2009:

POLICY B22 – BUILDING DESIGN – Promote good building design 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 neighbourhood by ensuring that proposals must conform to a series of criteria aimed at safeguarding the recognised features and amenities of the local area.

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

POLICY C1 – LOCATING NEW DEVELOPMENT Land within the development boundaries of towns and villages and the developed form of rural villages will be the main focus for new development. New buildings, structures and ancillary facilities in the countryside will be refused with the exception of a development that is permitted by another policy of the Plan.

POLICY CH9 - NEW HOUSING IN OPEN COUNTRYSIDE Refuse proposals for new dwellings in rural areas unless they are for individuals who must reside on the site due to their work and a number of other criteria relevant to the location and the type of dwelling, and restrictions on ownership of the dwelling.

POLICY CH33 – SAFETY ON ROADS AND STREETS Development proposals will be approved provided they can conform to specific criteria relating to the vehicular entrance, the standard of the existing roads network and traffic calming measures.

POLICY CH36 – PRIVATE CAR PARKING FACILITIES Proposals for new developments, extensions to existing developments or change of use will be refused unless off-street 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 proximity of the site to a public car park.

Supplementary Planning Guidance – Affordable Housing

2.3 National Policies:

TAN 12 Design TAN 6 Planning for Sustainable Rural Communities Planning Policy Wales (Fifth edition) November 2012

3. Relevant Planning History:

3.1 C08A/0589/18/LL – Erection of a new shed for the purposes of storage and a garage in relation to the business of the haulage contractor. APPROVED 12.11.2008 3.2 C01A/0525/18/LL – Construction of a commercial garage, workshop and office. APPROVED 07.11.2001

3.3 3/18/564 – A proposed house and garage. REFUSED 05.11.1986

3.4 3/18/564A – Erection of a proposed bungalow and garage. WITHDRAWN 07.12.1988

3.5 3/18/564B – Erection of a proposed bungalow and garage. APPROVED 20.06.1989

3.6 3/18/559 – Use of a farmyard to park commercial vehicles in connection with the haulage business. APPROVED 02.10.1985

3.7 3/18/559A – Erection of an agricultural dwelling. APPROVED 16.06.1986

3.8 3/18/559B – Extension of the area that was permitted under 3/18/559 to park staff vehicles and store commercial vehicles. APPROVED 04.01.1995

3.9 3/18/557 – Erection of a proposed house and garage. REFUSED 06/11/1985

4. Consultations:

Community/Town Council: Advice and standard conditions.

Transportation Unit: I refer to the above application, and confirm that I have no objection to the proposal. The site is within a former farm site and the proposed entrance is directly from the existing access road, therefore there is no proposal to build a new access to the highway. The existing entrance to the highway is acceptable for the proposed increase and I assume that sufficient space could be provided within the curtilage to park and turn vehicles.

Welsh Water: Information and standard conditions.

Conservation Officer: No response

Public Consultation: A notice was posted on the site and neighbouring residents were notified. The notification period ended on 16.05.2013 and no response / items of correspondence had been received.

5. Assessment of the material planning considerations:

Principle of the development

5.1 General planning policies in the Gwynedd Unitary Development Plan refuse new developments, including dwellings outside development boundaries, unless they comply with specific criteria in the policies of the Plan and National Policies.

5.2 Policy C1 of the Gwynedd Unitary Development Plan states that 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 ancillary facilities in the countryside will be refused with the exception of a development that is permitted by another policy of the Plan.

5.3 Policy CH9 of the Gwynedd Unitary Development Plan refuses proposals for new dwellings in rural areas unless they conform to the specific criteria below:

1. that the dwelling is required as a home for: a. a full-time worker mainly employed in agriculture, forestry or another rural land- based industry; b. a person who earns their living through a full-time activity that provides an essential service to the agricultural or forestry sector within the County; 2. that the person who requires the dwelling must live on the site and the dwelling is necessary to manage and run the existing activities of the unit or agricultural or forestry unit or enterprise or, in the case of 1b), that the nature of the business means that it is essential to live on such a site; 3. that the business is well established; 4. that there is no existing dwelling on, or near, the unit that could be used nor suitable buildings nearby that could be converted into a dwelling; 5. in the case of 1a) that the site is in a suitable location to accommodate the named working need and relates well to the existing buildings of the unit and is acceptable to the Planning Authority and, in the case of 1a) and 1b), that the Local Planning Authority are of the opinion that the location is suitable and that the justification for the location is acceptable; 6. that the size and type of dwelling proposed is consistent with the requirements of the existing business or enterprise and that it can be maintained; 7. that satisfactory arrangements are in place to restrict the occupancy of the house to those who make a full-time living or who are mainly employed from 1a) or 1b).

5.4 Technical Advice Note 6: Planning for Sustainable Rural Communities also offers a criteria to deal with applications to erect rural enterprise dwellings which circumstantiates the above criteria.

5.5 In this case, it is considered that the main criteria to confirm the principle of the development is criteria number 1. Paragraph 4.3.2 of the Technical Advice Note notes that qualifying rural enterprises comprise of land related businesses including agriculture, forestry and other activities that obtain their primary inputs from the site, such as the processing of agricultural, forestry and mineral products together with land management activities and support services (including agricultural contracting), tourism and leisure enterprises. The Technical Advice Note also states that it would be possible to include a broader definition, but that this would need to be justified by means of specific local evidence.

5.6 The documents submitted as part of the application state that a haulage and storage business exists on the site. There is no evidence to show that the business hauls any material or material that is obtained from this site; or stored on this site either. The application states that the site provides storage for local businesses and individuals. On this basis therefore, it is not considered that the proposal conforms to the first criterion of the CH9 planning policy or the main consideration to assess rural enterprise dwellings in Technical Advice Note 6, therefore there is no justification to build a new dwelling under this policy. 5.7 The remainder of the criteria are dependent on compliance with the first criterion which establishes the principle of the proposal. According to the information submitted as part of the application, it is evident that the business is well established, and it appears that the site’s current manager (who lives in an existing dwelling on the site) is about to retire and that another member of the family intends to take over the role of manager. It appears that the role of manager within the current business on the site involves being present on the site beyond usual working hours; but it is considered that some of the work is possible outside the site; and it is noted that buildings that serve the business (such as an office) have already been permitted on the site.

5.8 There is an existing house on the site and the current manager of the site currently resides there; due to personal reasons he is not willing to move away from the site when another member of the family takes over his role. Vacant buildings are present on the site which are grade II listed; and the agent states that this building is unsuitable for conversion as a living space; because it would mean extensive work that would be too costly and it would be unsuitable for a listed building. No evidence of costs has been submitted, and no recent enquiry has been submitted regarding converting or undertaking work on this listed building. No consideration or justification has been given for other options such as converting the listed building into a connecting annexe for the current manager’s retirement; and no information has been offered about the current house, including its current size and the possibility of extending it to create an annexe. It is noted that pre- application advice had been offered to the applicant on several occasions; and that planning officers had visited the site and were of the opinion that the building appears to be suitable for conversion (subject to the revision of site arrangements and submission of a planning application and a listed building application), and that this would protect the use of a grade II listed building.

5.9 It is noted that the Technical Advice Note also states that where a dwelling/dwellings is/are already part of the enterprise, that it must be demonstrated that additional workers living on the site are essential in order for the enterprise to operate properly. The information submitted as part of the application is based on justifying the role of an individual manager on the site when the current manager retires completely; this is additional to the fact that an annexe already exists on the business site, this means that there is no justification for a second dwelling for an additional worker. It is also noted that granting planning permission for second dwellings should only be considered for operational farms, and this in exceptional circumstances; and as an annexe already exists on the business site (and that the current manager resides there) it is not considered that the proposed development is eligible in accordance with the requirements of the Technical Advice Note.

5.10 Technical Advice Note 6 also states that any permitted houses for occupation by a rural enterprise worker should also be eligible to be considered as affordable housing in terms of size. The new proposed dwelling proposes a single-storey floor surface for three bedrooms measuring approximately 164 square metres; the Supplementary Planning Guidance: Affordable Housing states that three bedroom single-storey dwellings should measure 90 square metres. No justification has been offered regarding the size of the property in relation to the personal needs of the applicant or in relation to what the current business would require and be able to maintain (especially bearing in mind that there is a house currently on the site); although the application states that the applicant would be willing to bind the dwelling with the specific use of the business. 5.11 The proposed dwelling is located by an adjoining existing agricultural field and also at the rear of one of the main buildings of the business. The remainder of the business site (which includes a yard, an old listed smallholding and residential house) extends to the side and slightly to the rear of this site. The application site is located on the right of the access track to the centre of the site, while the existing residential property on the site is located on the left; in effect, it means that both properties would be at either end of the business site, with the track forking towards the current property and the yard in one direction, and towards the storage building and the new dwelling in the other direction. It is considered that the application site is disjointed and that it would encourage the fragmentation of the unit into two. The information submitted as part of the application attempts to justify the site of the proposal by stating that it’s close enough to fulfil necessary activities as part of the business, but also, in a location that offers a high standard of private residential amenities, it would be suitable for the potential use of the unit as a separate affordable unit. It is considered that the application site is visually obtrusive; and even if the principles of the development would comply with the relevant policies, it is considered that the proposed dwelling should be moved closer to the existing dwelling on the site. Therefore, it is considered that the location of the proposed plot does not conform to the requirements of criterion number 5 of the CH9 planning policy which notes that the site should be in a suitable location to accommodate the named working need and that it relates well with the existing buildings on the unit. In addition, the location of the site is contrary to the requirements of paragraph 4.12.1 of Technical Advice Note 6 which states that sites should not be in locations that could encourage fragmentation of the business unit.

5.12 Therefore, it is considered that the principle of the proposal does not comply with the requirements of policy CH9 of the Local Unitary Development Plan or the requirements of Technical Advice Note 6; and thus the proposal would involve the construction of a new house in the countryside without any justification for it. The current business on the site does not fall under the definition of agriculture, forestry or another rural land-based industry or that provides an essential service to the agricultural or forestry sector; therefore, it is contrary to the first criterion of policy CH9 and paragraph 4.3.2 of the Technical Advice Note. There is insufficient proof to prove that the nature of the business means that a worker is required to live on the site; especially bearing in mind that office facilities already exist on the site, and that the current manager and owner of the business already reside on the site; therefore, it is contrary to the second criterion of policy CH9 and paragraphs 4.4, 4.71, 4.8 and 4.9 of the Technical Advice Note. There is insufficient proof to justify why the current property that exists on the site cannot be used; or why current buildings cannot be converted as additional facilities; or why occupancy cannot be obtained in the village of Bethel which is about 250m away from the site of the business and using the existing facilities that are available on the site; therefore, the proposal is contrary to the fourth criterion of policy CH9 and paragraphs 4.4, 4.7 and 4.11 of the Technical Advice Note. The location of the proposal is disjointed and it is located on the other side of the business site compared to the existing property on the site, and it is considered that this would encourage fragmentation of the business unit; therefore, the proposal is contrary to the fifth criterion of policy CH9 and paragraphs 4.4, 4.7 and 4.12 of the Technical Advice Note. There is insufficient proof to justify the size of the proposed dwelling in relation to the business; and bearing in mind that the size of the floor area of the proposed dwelling measures over 70 square metres more than what is permitted for a three bedroom single-storey affordable house; therefore, it is contrary to the sixth criterion of policy CH9 and paragraphs 4.4, 4.7, 4.10.2 and 4.13 of the Technical Advice Note. Information has been submitted as part of the application to prove that the current business is well established and viable, and the applicants have stated that they are willing to accept a satisfactory arrangement to restrict occupancy of the house to a worker who makes a full time living from the business; therefore, it is considered that the proposal is not contrary to the third and seventh criterion of policy CH9 and paragraph 4.10.1 of the Technical Advice Note, but it must be noted that this does not overcome the objection to the principle of the proposal on the grounds of the rest of policy CH9 and Technical Advice Note 6 already noted.

5.13 Based on the above, the application is not supported under any specific policy within the Gwynedd Unitary Development Plan, and it is located outside the development boundary of the village of Bethel, and thus the proposal is contrary to the requirements of policy C1 of the Gwynedd Unitary Development Plan which relates to locating new development.

Visual, general and residential amenities

5.14 Policies B22 and B23 of the Gwynedd Unitary Development Plan are involved with assessing the design of the proposal and its impact on the area’s amenities and those of any adjacent property.

5.15 This is an outline application for the erection of a single-storey rural enterprise dwelling with all matters reserved, however. It is a requisite that the basic information involves the layout of the site, the scale and the access; as a minimum, the applicant is required to provide information on use (noting the locations of the different areas such as the location of the property, the garden and parking), the size of the development for every use, a plan demonstrating the different parts of the development within the site, scale parameters and the location of the access.

5.16 The relevant information has been submitted as part of the application, and the location of the proposed building, the garage, the parking spaces, the garden and the access are clear on the plan, along with a plan demonstrating the height of the building.

5.17 The proposal involves erecting a single-storey dwelling on a substantial plot of agricultural land which abuts the existing business site. It is considered that the proposed development does not respect the site and its surroundings in terms of its location, scale, size, and form. It is considered that the application site is disjointed and that it would encourage the fragmentation of the existing business unit into two. It is considered that the application site is visually obtrusive; and would have an unacceptable detrimental impact on the form and character of the landscape. It is therefore considered that the proposal is contrary to policy B22 of the Gwynedd Unitary Development Plan.

5.18 Although the application in hand is not a full application which shows the exact design and pattern for the windows of the proposed building, it is considered that approving a single-storey residential unit in this location would not be likely to cause an adverse impact on the reasonable privacy or residential amenities of any nearby properties. It is noted that there is no residential property within approximately 70m to the application site – and this residential property is on the existing business site. It is therefore considered that the proposal in hand, in its current location, complies with the requirements of policy B23 of the Unitary Development Plan. Transport and access matters

5.19 Policy CH33 of the Gwynedd Unitary Development Plan is involved with ensuring safety on roads and streets, and states that development proposals will be approved provided they can conform to specific criteria relating to the vehicular entrance, the standard of the existing roads network and traffic calming measures.

5.20 Policy CH36 of the Gwynedd Unitary Development Plan relates to assessing the provision of private car parking facilities, and states that proposals for new developments, extensions to existing developments or change of use will be refused unless off-street parking is provided in accordance with the Council’s current parking guidelines, giving due consideration to the accessibility of public transport service, the possibility of walking and cycling from the site and the proximity of the site to a public car park.

5.21 In this case, the proposal includes sufficient parking within the curtilage, and the transportation unit is of the opinion that the proposal is not likely to cause a detrimental impact on road safety, based on the increase in vehicular movements, and the fact that there is already a sufficient access to the highway. It is therefore considered that the proposal complies with the requirements of policies CH33 and CH36 of the Gwynedd Unitary Development Plan.

6. Conclusions:

6.1 The proposal involves the construction of a new house in open countryside where there is no justification for it. Although an existing business exists on the site, this business is not defined as a rural enterprise within policy CH9 of the Gwynedd Unitary Development Plan or Technical Advice Note 6: Planning for Sustainable Rural Communities. Bearing in mind that a haulage and storage business exists on the site, and that the manager and owner of the business lives and owns a house on the site, and that office facilities have already been approved on the site; it is considered that an additional worker is not required to live specifically on the site. There is insufficient evidence to justify why the current property that exists on the site cannot be used; or why current buildings cannot be converted as additional facilities; or why occupancy cannot be obtained in the village of Bethel which is about 250m away from the business site and using the existing facilities that are available on the site. The proposed dwelling is too large to be considered under the requirements of the Supplementary Planning Guidance: Affordable Housing, and no justification for this size has been submitted. It is also considered that the site of the plot is located in a location that could encourage the fragmentation of the business unit into two, and that it creates an intrusive feature in open countryside. It is therefore considered that the proposal is contrary to the policies C1, CH9 and B22 of the Gwynedd Unitary Development Plan along with the requirements of Technical Advice Note 6: Planning for Sustainable Rural Communities, and that it is tantamount to constructing a new house on an obtrusive site within open countryside without any justification.

7. Recommendation:

7.1 To refuse

7.2 The proposal involves erecting a new house in the countryside without justification that it is for a worker who is employed in agriculture, forestry or another rural land-based industry who earns his living through full-time activity that provides an essential service to the agricultural or forestry sector; without sufficient evidence to prove that the nature of the business means that a worker is required to live on the site; without sufficient proof to justify why the current property that exists on the site cannot be used; or why current buildings cannot be converted as additional facilities; or why a house within the neighbouring village cannot be occupied; and without sufficient proof to justify the dwelling size nor why it does not comply with the requirements of the Supplementary Planning Guidance: Affordable Housing. It is therefore considered that the proposal is contrary to policies C1 and CH9 of the Gwynedd Unitary Development Plan and Technical Advice Note 6: Planning for Sustainable Rural Communities.

7.3 The location of the proposal is disjointed and visually obtrusive, and is located on the other side of the business site compared to the existing property on the site, and it is considered that this would encourage fragmentation of the business unit. The location of the proposal would also have an unacceptable detrimental impact on the form and character of the landscape and open countryside. It is therefore considered that the proposal is contrary to policies B22 and CH9 of the Gwynedd Unitary Development Plan and Technical Advice Note 6: Planning for Sustainable Rural Communities.

Number: 9

Application Number: C13/0445/08/LL Date Registered: 29/04/2013 Application Type: Full - Planning Community: Penrhyndeudraeth Ward: Penrhyndeudraeth

Proposal: EXTENSION TO THE EXISTING SHOP AND EXTERNAL ALTERATIONS. Location: SIOP PIERCE, BANK PLACE, PENRHYNDEUDRAETH, GWYNEDD, LL48 6AA

Summary of the Recommendation: To delegate powers to the Senior Planning Manager to approve the application.

1. Description:

1.1 The site is located in the centre of Penrhyndeudraeth town, and the building in question is a two-storey building of natural stone with a natural slate roof. The site is currently used as a shop with storage areas and a yard to the rear of the site used in connection with the use of the property as a shop. The A487 trunk road is located to the front of the site along with a parking area. To the south-west of the site is a narrow access road and to the north west of the site is a two-storey storage building. A library/educational centre is located to the west of the site. The application does not include the change of use of the building, and the use will continue within the A1 class (shop) of the Use Classes Order 1987 (as amended).

1.2 The proposal includes demolishing an existing single-storey building to the rear of the property and erecting a single storey extension to the rear of the property measuring 8.8 metres long, 7.7 metres wide and 4.8 metres high. This extension would link the main building with the existing two-storey storage building to the rear of the property. The application includes changes to the internal layout of the shop that will involve adding 45 square metres to the retail floor area. Internally the shop is currently divided into small rooms and the proposal involves demolishing the chimney internally and externally in order to facilitate changes to the internal layout of the shop. It is intended to replace a window opening with double doors on the side elevation of the building that faces the High Street to provide access to the proposed storage area.

1.3 The site is located within the shopping area of Penrhyndeudraeth in the Gwynedd Unitary Development Plan 2009. The building is not a listing building and is not located within a conservation area.

1.4 The application is submitted to Committee at the Local Member’s request.

2. Relevant Policies: 2.1 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.

2.2 Gwynedd Unitary Development Plan 2009: POLICY B22 – BUILDING DESIGN Promote good building design by ensuring that proposals conform to a series of criteria aimed at safeguarding the recognised features and character of the local landscape and environment. POLICY B23 – AMENITIES 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.

POLICY B24 – ALTERATIONS AND BUILDING EXTENSIONS WITHIN DEVELOPMENT BOUNDARIES, RURAL VILLAGES AND THE COUNTRYSIDE Ensure that proposals for alterations 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 building materials are of a high standard and are in keeping with the character and appearance of the local area.

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

POLICY D8 – EXPANSION OF EXISTING ENTERPRISES Proposals to extend/expand/intensify industrial enterprises and existing businesses or other enterprises will be approved if they conform with specific criteria regarding the appropriateness of the existing use in relation to the surrounding area and adjacent uses and how relevant it is to the existing work.

POLICY CH33 – SAFETY ON ROADS AND STREETS Development proposals will be approved provided they can conform to specific criteria relating to the vehicular entrance, the standard of the existing roads network and traffic calming measures.

2.3 National Policies:

Planning Policy Wales, Fifth Edition, November 2012.

Technical Advice Note 12 - Design Technical Advice Note 15 – Development and Flood Risk Technical Advice Note 18 – Transport

3. Relevant Planning History:

3.1 No relevant planning history:

4. Consultations:

Town Council: Not received

Transportation Unit: No recommendation as it is assumed that the proposed development would not have a detrimental impact on any road or proposed road.

The Welsh Government’s Not received Transportation Unit:

Public Protection Unit: Not received Natural Resources Wales: Not received

Public Consultation: A notice was posted on site and nearby residents were informed. The consultation period ended on 30 May 2013 and no observations had been received when preparing the work.

5. Assessment of the material planning considerations:

Principle of the development

5.1 Policy D8 of the Gwynedd Unitary Development Plan which relates to the ‘Expansion of existing enterprises’ is partly relevant to this applications as it involves extending and adapting existing retail units. It is not considered that this will have a detrimental impact on the surrounding area or on the nearby existing materials. It is not considered that the proposal will have a significant detrimental impact on the amenities, the environment or on the local road network. It is also believed that the additional floor surface area is relatively small and is acceptable for the site. It is therefore considered that the proposal is acceptable in terms of its principle.

Visual amenities

5.2 The proposed extension is located to the rear of the building and behind a wall measuring 2.6 metres high and having considered this the extension will be very secluded. An amended plan was received dated 21 May 2013 indicating changes from a flat roof to a false mono-pitched ridge roof finished with slates on the elevation facing the side access road. It is considered that this amendment is an improvement to the existing flat roof. In terms of design it is considered that the proposal respects the existing appearance of the property, and that its size and scale is acceptable for the site. It is therefore considered that the proposal will not have an unacceptable impact of the townscape and that the proposal complies with the criteria included in policy B22 of the Gwynedd Unitary Development Plan.

5.3 Generally, Policy B24 of the Gwynedd Unitary Development Plan approves proposals for extending existing buildings provided they comply with the criteria included in the policy. It is considered that the design and scale of the proposal is acceptable and reasonable in terms of size, scale and form. The proposal therefore complies with the criteria included in Policy B24 noted above.

5.4 As part of the proposal an existing window will be replaced with an access door to the storage area. It is not considered that this proposal will have a detrimental visual impact on the townscape. Also, it is not considered that demolishing the existing chimney will have an unacceptable impact on the character of the building and the nearby area.

5.5 Policy B25 of the Gwynedd Unitary Development Plan involves materials used for developments. It is intended to finish the wall of the extension facing the access road to the side of the site with natural stone to be in-keeping with the existing walls of the building. It is also intended to finish the roof of the extension with natural slate. A condition could be placed on any proposed planning permission noting that agreement should be sought on the materials and the external finish of the extension. It is considered that the materials that are proposed to be used are acceptable and comply with policy B25 above. General and residential amenities

5.6 Policy B23 of the Gwynedd Unitary Development Plan involves safeguarding the amenities of the local neighbourhood. No windows will be installed in the proposed extension and as the proposal involves a single-storey building it is not considered that the proposal will have a detrimental impact on the amenities of nearby residents if the application were to be approved. Neither is it considered that the proposal will be an over-development of the site. The proposal in its entirety therefore complies with policy B23 above.

Transport and access matters

5.7 No recommendations were received from the Council’s Transportation Unit as they did not believe the development would have any impact on the safety of road users. A response had not been received from the Welsh Government’s Transportation Unit at the time of preparing this report. Nevertheless, it is not considered that the additional retail floor space would have a detrimental impact on road safety, therefore it is considered that the proposal complies with the criteria included in policy CH33 of the Gwynedd Unitary Development Plan.

Flooding issues

5.8 The site is located partly within a C1 flood zone according to the definition of the development advice map referred to in TAN 15: Development and Flood Risk. No response to the consultation undertaken with Natural Resources Wales had been received at the time of preparing this report. It is noted that the use of the site for retail purposes already exists, therefore it is not considered that there will be any additional flood risk, also TAN 15: Development and Flood Risk states that retail developments are less open to flood damage. Therefore it is considered that the proposal complies with policy B29 of the Gwynedd Unitary Development Plan and the relevant clauses of TAN: 15 Development and Flood Risk.

Response to the public consultation

5.9 No response was received to the public consultation undertaken on the application.

6. Conclusions:

6.1 Having considered the proposal in the context of relevant policies it is considered that the proposal is acceptable. The location, form and size of the proposed extension is reasonable for the property and is in keeping with the character of the building and the surrounding area. There is also no detrimental impact on the amenities of nearby residents or harmful implications on roads in this case. Based on the assessment above, it is considered that the proposal complies with the requirements of the aforementioned policies and is acceptable to be approved with relevant conditions.

7. Recommendation:

7.1 To delegate powers to the Senior Planning Manager to approve the application, subject to receiving a response from the Welsh Government’s Transportation Unit, Natural Resources Wales and subject to conditions involving:

1. Five years; 2. In accordance with the plans; 3. Materials to be agreed.

Number: 10 Application Number: C13/0507/22/LL Date Registered: 16/05/2013 Application Type: Full - Planning Community: Llanllyfni Ward: Penygroes

Proposal: ERECTION OF A 0.6M HIGH DWARF WALL TO FRONT OF DWELLING Location: 1, TAN Y BONT, FFORDD CLYNNOG, PENYGROES, CAERNARFON, GWYNEDD, LL54 6NZ

Summary of the Recommendation: TO APPROVE SUBJECT TO CONDITIONS

1. Description:

1.1 The application relates to the erection of a 0.6m high dwarf wall to the front of an existing dwelling. It is intended to use red bricks to construct the wall, which is to be located 15cm from the existing private road which serves the housing estate.

1.2 The site has already been granted planning permission for the construction of three new houses and conditions relating to the permission state that no fences, gates or walls may be constructed within the curtilage of the house that faces the road. Therefore, as the applicant intends to erect a wall to the front of the house, a planning application must be submitted as there are planning conditions that prohibit this without first obtaining full planning permission.

1.3 The site is located within an estate of new houses opposite the A487 highway in Penygroes.

1.4 The application is submitted to committee since the applicant is a County Councillor.

2. Relevant Policies:

2.1 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.

2.2 Gwynedd Unitary Development Plan 2009:

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

POLICY B23 – AMENITIES 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.

POLICY B25 – BUILDING MATERIALS Safeguard the visual character by ensuring that building materials are of a high standard and are in keeping with the character and appearance of the local area. POLICY CH33 – SAFETY ON ROADS AND STREETS Development proposals will be approved provided they can conform to specific criteria relating to the vehicular entrance, the standard of the existing roads network and traffic calming measures.

2.3 National Policies:

Planning Policy Wales, Fifth Edition, November 2012 TAN 12 – Design, June (2009)

3. Relevant Planning History:

3.1 C07A/0564/22/LL – Construction of 3 New Houses (Approved with conditions 15/10/2007)

4. Consultations:

Community/Town Council: Not received

Transportation Unit: The proposed development would not have a detrimental impact on any road or proposed road.

Welsh Water: Not received

Public Consultation: A notice was placed on the site and nearby residents were informed. The advertising period ends on 13/06/13 but no observations had been received at the time of writing the report.

5. Assessment of the material planning considerations:

Principle of the development

5.1 This is an application to construct a wall to the front of the existing building and in principle there is no objection to the development. The conditions of application C07A/0564/22/LL prohibited the construction of walls and fences on the site and therefore a planning application is required for this proposal. The relevant plan is the Gwynedd Unitary Development Plan (July 2009) and also Planning Policy Wales, Fifth Edition, November 2012.

5.2 The policies relevant to this proposal are B22, B23, B25 and CH33 which would be considered in relation to its impact on the area’s visual amenities, its impact on the amenities of nearby residents and its impact on transport and access to the site.

Visual amenities

5.3 Policies B22 and B25 relate to the proposed development’s impact on the area’s visual amenities. It is considered that the plans in their current form are sufficient and will not lead to any detrimental visual impact on the area’s amenities.

5.4 Policy B22 allows developments that respect the site and its surroundings in terms of its scale, size, form and location. The development should not have a detrimental impact on the area’s character or its visual amenities. It is considered that the proposal is standard in terms of its scale and size and it therefore raises no concerns regarding a detrimental impact on the area’s visual amenities. It is considered that the proposal is unlikely to have a detrimental impact on the character of the site due to the small size of the development.

General and residential amenities

5.5 Policy B23 relates to assessing the impact of the proposal on the amenities of nearby residents. The site is located opposite two nearby residential dwellings. It is considered that the development is not substantial enough in terms of size and scale to harm the amenities of nearby residents. Therefore, it is considered that the proposal complies with the requirements of policy B23 of the GUDP.

Transport and access matters

5.6 Policy CH33 relates to road safety as a result of the development. As the proposal is close to the road, it is considered that this policy is relevant to the application. Following consultation with the Highways Unit it is considered that the wall needs to be raised to a height of 0.6m and set 15cm back from the existing road, and from looking at the current plans, it is considered that they reflect this point. It is therefore considered that the development will not hinder the flow of traffic or obstruct the access to the site in any way. Therefore, it is considered that the proposal as it stands complies with the requirements of policy B23 of the GUDP.

6. Conclusions:

6.1 It is considered that the proposal will have no detrimental impact on the area’s visual amenities or on the amenities of nearby residents. It is therefore considered that the proposal as it stands is acceptable in the context of the policies noted and that there are no other relevant planning considerations that indicate otherwise. For these reasons it is recommended that the application should be approved subject to appropriate conditions.

7. Recommendation:

7.1 To approve – conditions – 5 years, material, set back from the road, conform to the plans.