Gwasanaeth Democratiaeth Democracy Service Swyddfa’r Cyngor LL55 1SH

Cyfarfod / Meeting

PWYLLGOR CYNLLUNIO

PLANNING COMMITTEE

Dyddiad ac Amser / Date and Time

1.00pm DYDD LLUN, 23 MEDI, 2013

1.00pm MONDAY, 23 SEPTEMBER, 2013

Lleoliad / Location

YSTAFELL GYFARFOD, FRONDEG, MEETING ROOM, FRONDEG, PWLLHELI

D.S Rhagflaenir gan ymweliad safle mewn cysylltiad â cheisiadau rhifau: , C13/0165/40/LL – Tir ger Tŷ’n Lôn, Lôn , , C13/0337/32/LL – Trygarn, Sarn a C12/1216/30/LL – Bodrydd, Rhosirwaun. Aelodau’r Pwyllgor i gyfarfod yn Frondeg, Pwllheli am 10am

N.B. To be preceded by a site visit in relation to applications numbers, C13/0165/40/LL – Land by Tŷ’n Lôn, Lôn Boduan, Efailnewydd, C13/0337/32/LL – Trygarn, Sarn a C12/1216/30/LL – Bodrydd, Rhosirwaun. Committee members to meet at Frondeg, Pwllheli at 10am

Pwynt Cyswllt / Contact Point

IOAN HUGHES

01286 679780

[email protected]

Dosbarthwyd/Distributed 13-09-13 PWYLLGOR CYNLLUNIO PLANNING COMMITTEE

Aelodaeth / Membership (15)

Plaid Cymru (7)

Y Cynghorwyr/Councillors Elwyn Edwards Dyfrig Jones Dafydd Meurig Michael Sol Owen Tudor Owen Hefin Williams Eurig Wyn

Annibynnol/Independent (3)

Y Cynghorwyr/Councillors Anne T. Lloyd Jones Christopher O’Neal Sedd Wag / Vacant Seat

Llais Gwynedd (3)

Y Cynghorwyr/Councillors Endaf Cooke Louise Hughes Owain Williams

Llafur/Labour (1)

Y Cynghorydd/Councillor Gwen Griffith

Rhyddfrydwyr Democrataidd / Liberal Democrats (1)

Y Cynghorydd/Councillor June Marshall

Eilyddion / Substitutes Y Cynghorwyr / Councillors

Craig ab Iago (Plaid Cymru) John Pughe Roberts (Annibynnol / Independent) Gruffydd Williams (Llais Gwynedd) Gwynfor Edwards (Llafur / Labour) Stephen Churchman (Rhyddfrydwyr Democrataidd / Liberal Democrats) AELODAU LLEOL A WAHODDIR/ LOCAL MEMBERS INVITED (Cynghorydd/Councillor + Rhif Cais/ Application Number)

1. Cyng/Coun Elfed Wyn Williams C09A/0396/18/AM

2. Cyng/Coun W. Gareth Roberts C12/1216/30/LL

3. Cyng/Coun Anwen J. Davies C13/0165/40/LL

4. Cyng/Coun Gwenno Glyn C13/0337/32/LL

5. Cyng/Coun Simon Glyn C13/0652/46/LL

6. Cyng/Coun Ioan Thomas C13/0708/14/LL

7. Cyng/Coun Brian Jones C13/0728/23/LL

8. Cyng/Coun Edward T. Dogan C13/0782/11/LL

9. Cyng/Coun Jean Forsyth C13/0789/11/LL

10. Cyng/Coun Eric Merfyn Jones C13/0796/17/LL TREFN SIARAD YN Y PWYLLGOR CYNLLUNIO

Mae’r Cyngor wedi penderfynu rhoddi’r hawl i 3ydd parti siarad yn y Pwyllgor Cynllunio. Mae’r daflen hon yn amlinellu’r trefniadau gweithredol arferol ar gyfer siarad yn y pwyllgor.

1. Adroddiad y Gwasanaeth Cynllunio ar y cais cynllunio yn cynnwys argymhelliad.

2. Os oes cais wedi ei dderbyn gan 3ydd parti i siarad, bydd y Cadeirydd yn gwahodd y siaradwr ymlaen

3. Gwrthwynebydd, neu gynrychiolydd o’r gwrthwynebwyr yn cael 3 munud annerch y pwyllgor

4. Ymgeisydd, gynrychiolydd yr ymgeisydd(wyr) neu Asiant yn cael 3 munud annerch y pwyllgor

5. Aelod(au) Lleol yn cael annerch y pwyllgor 10 munud

6. Cadeirydd y pwyllgor yn gofyn am gynigydd ac eilydd i’r cais cynllunio

7. Y pwyllgor yn trafod y cais cynllunio.

PROCEDURE FOR SPEAKING IN THE PLANNING COMMITTEE

The Council has decided that third parties have the right to speak at the Planning Committee. This leaflet outlines the normal operational arrangements for speaking at the committee.

1. Report of the Planning Service on the planning application including a recommendation.

2. If an application has been received from a 3rd party to speak the Chairman will invite the speaker to come forwards.

3. Objector, or a representative of the objectors to address the 3 minutes committee.

4. Applicant or a representative of the applicant(s) to address the 3 minutes committee.

5. Local Member(s) to address the committee 10 minutes

6. Committee Chairman to ask for a proposer and seconder for the planning application.

7. The committee to discuss the planning application AGENDA

1. APOLOGIES

To accept any apologies for absence.

2. DECLARATION OF PERSONAL INTEREST

To receive any declaration of financial interest or personal connection.

3. URGENT ITEMS

To note any items that are a matter of urgency in the view of the Chairman for consideration.

4. MINUTES

The Chairman shall propose that the minutes of the last meeting of this committee, held on, 2 September, 2013, be signed as a true record (copy herewith - yellow enclosure).

5. PLANNING APPLICATIONS

To submit the report of the Head of Regulatory Department (copy herewith – white enclosure). Planning Committee 02.09.13

PLANNING COMMITTEE 02.09.2013

Present: Councillor Gwen Griffith – Chair Councillor Michael Sol Owen – Vice-chair

Councillors: Endaf Cooke, Elwyn Edwards, Louise Hughes, Anne Lloyd Jones, Dyfrig Jones, June Marshall, Dafydd Meurig, William Tudor Owen, Hefin Williams, Owain Williams and John Pugh Roberts (substitute).

Others invited: Councillors Dyfed Edwards, Trevor Edwards, Ioan Thomas, Elfed Williams, Eirwyn Williams, and John Wyn Williams (Local members).

Also present: Aled Davies (Head of Regulatory Department), Gareth Jones (Senior Planning Service Manager), Rhun ap Gareth (Senior Solicitor), Cara Owen (Acting Development Control Manager), Gareth Roberts (Senior Development Control Officer – Transport), Ioan Hughes, Bethan Adams and Lowri Haf Evans (Member Support and Scrutiny Officers).

Apologies: Councillors Eurig Wyn and Christopher O’Neal.

1. DECLARATION OF PERSONAL INTEREST

(a) The following members declared a personal interest for the reasons noted:

(i) Councillor Dafydd Meurig, (a member of this Planning Committee), in item 5 on the agenda, (planning application number C13/0487/35/LL), because he was a director of a company that operated in the same industry as the applicant and that he knew the applicant on a professional level.

(ii) Councillor Dyfrig Jones, (a member of this Planning Committee), in item 5 on the agenda, (planning application number C13/0487/35/LL), because he knew the applicant.

The members were of the opinion that they were a prejudicial interest, and withdrew from the Chamber during the discussion on the items noted.

(b) The following members declared that they were local members in relation to the items noted:

 Cllr John Wyn Williams, (not a member of this Planning Committee), in item 5 on the agenda – Planning Applications (Application Number C12/1347/25/LL and Application Number C12/1161/25/LL).  Councillor Trevor Edwards, (not a member of this Planning Committee), in item 5 on the agenda – (Planning Application C12/1451/15/LL);  Councillor Elfed Williams, (not a member of this Planning Committee), in item 5 on the agenda – (Planning Application C13/0145/18/LL);  Councillor Owain Williams, (a member of this Planning Committee), in item 5 on the agenda – (Planning Application C13/0694/34/LL);

1 Planning Committee 02.09.13

The members withdrew to the other side of the Chamber during the discussions on the applications in question and did not vote on these matters.

2. MINUTES

The Chairman signed the minutes of the previous meeting of this committee held on 29 July 2013, as a true record.

3. PLANNING APPLICATIONS

The Committee considered the following applications for development.

Details of the applications were expanded upon and questions were answered in relation to the plans and aspects of the policies.

RESOLVED

1. Application No. C12/1347/25/LL – Land near Ffordd Penrhos, Penrhosgarnedd, Bangor.

To construct 245 living units comprising detached and semi-detached houses, flats (including 86 affordable units), parking spaces and gardens, associated works, erection of pumping station and demolition of single- storey outbuilding.

(a) The Senior Planning Service Manager elaborated on the background of the application and noted that this Committee had deferred the application at a meeting on 29 July, when members had visited the site.

At the time, members had called for additional information to address the concerns highlighted regarding traffic flow; technical information regarding the land drainage system in accordance with the concerns of the Local Member; a linguistic impact assessment specifically for the Pentir Ward, along with information regarding safe areas for children to play, considering that the development was equal in size to a small village.

(b) It was confirmed that the Planning Service had made a request for further information from the developer as well as clarity from the Council’s Transportation Unit regarding the matters involving the local roads network. The above matters were elaborated upon individually in the written report and it was noted that a financial contribution of £30,000 was now being offered voluntarily by the applicant towards the provision of play facilities off the site.

An agreement had been previously made for the developer to contribute £1,115,387 to ensure improvements for local schools to satisfy educational needs.

In terms of traffic and to ensure that the development was acceptable, it was proposed to include improvements to the roundabout near Ysbyty Gwynedd, improvements to the roundabout near Ysgol y Faenol, along with a financial contribution of £140,000 towards the costs of providing a cycle track.

2 Planning Committee 02.09.13

In terms of principle, it was noted that the land had been designated in the Gwynedd Unitary Development Plan for the construction of housing and the site was within the development boundary.

It was noted that transport was the most contentious matter and a full response was received from the Transportation Unit.

In terms of flooding/surface water drainage matters, reference was made to the intention of the developer to create a sustainable urban drainage network within the site that would enable surface water to be managed in an acceptable form. Welsh Water or NRW had no objection to this.

(c) The local member, (who was not a member of this Planning Committee), referred to a letter he had received from one of the local residents referring to a high percentage of Welsh speakers in the vicinity of Ffordd Cynan and Ffordd Crwys which abutted the site. It was noted in the letter that the would be weakened in the area should the development be approved.

This was reiterated by the local member who underlined the fact that there had already been a reduction of 3% in the number of Welsh speakers in Penrhosgarnedd.

Further objection was expressed by the local member, and he made the following main points:-  The proposed flats that would overlook the playing field would not be in keeping with the area because of their height;  The way they overlooked the children’s playing field would be a cause for concern;  There was already a number of footpaths in the vicinity and a doubt whether there was a need for an additional path that was part of the proposal;  That two existing houses were very close to the new proposed houses and that locations should be changed in order to avoid this;  That concern remained in terms of drainage and that consideration should be given to the depth of the water under ground;  That severe traffic problems would worsen in light of the development;  There was no definite evidence to confirm the conclusions of the language assessment.

(ch) In response to the observations, the Senior Planning Service Manager noted:  In relation to planning, a development that facilitated natural overlooking of public places was encouraged in order to avoid antisocial behaviour;  In terms of the proximity of new houses to two existing houses, the planning officers were satisfied that there was enough space between them; and that there would be no harmful impact on the residential amenities of existing residents;  The integration of public footpaths should be encouraged and even new footpaths should be created as part of developments to encourage people to walk instead of driving;

3 Planning Committee 02.09.13

 Considerable work had been undertaken regarding geology of the land and the opinion of Welsh Water and Natural Resources specialists should be sought;  Linguistic matters were being considered in accordance with Gwynedd Council policies and national policies.

(d) The Senior Development Control Officer - Transport noted that the application would not resolve all traffic problems near the site, but that the applicant was trying to ensure that the development would be unlikely to have a detrimental impact on the local roads network, more than the likely natural addition.

He added that it was intended to have a contribution towards the preparation of a crossing near the school.

It was proposed and seconded to delegate the right to the Senior Planning Manager to approve the application subject to signing a 106 agreement involving affordable housing and receiving financial contributions towards the improvement of educational facilities, the provision of additional play equipment and improvement to the area’s roads network.

(dd) The following arguments by members who objected to the application were submitted:-

 There was very little play area for the development, and that the contribution of £30,000 from the developer towards improving this provision was very small;  A development of this size would certainly spoil the Welsh nature of this area;  Although some traffic problems would be mitigated, problems on Penrhos Road would not be reduced;  There would be a substantial increase in the number of houses which would mean an increase in traffic in terms of cars and various services;

(e) Other members noted that the land had been designated for the construction of housing in the Gwynedd Unitary Development Plan. It was further noted that appropriate adjustments had been made to the plans and that there was no choice but to approve the application.

It was emphasised that there was a need to consider all highlighted matters before any land was designated for the construction of housing. Furthermore, it was noted that other matters should be considered as a result of this, such as improving public transport.

There was a call for further consideration to be given to the design in terms of the proximity of plots 8 and 9 to the two existing houses that were referred to, and the Senior Manager agreed that a discussion with the applicant could be held regarding the type of different houses or to re-pitch these two units, should the Committee be willing to give officers the right to act on this.

In response, the Head of Regulatory Department noted that it was not the application’s role to resolve traffic problems. However, he explained that

4 Planning Committee 02.09.13

there was a need to weigh up the potential impact of the application on existing transport arrangements. He believed that there was need to consider the transport matters of the area in question and he suggested that the Area Forum and / or the Project Working Group could make a start on this should that be the wish of Bangor members.

RESOLVED to delegate the right to the Senior Planning Manager to approve the application subject to signing a 106 agreement involving affordable housing and receiving financial contributions towards the improvement of local education facilities, the provision of additional play equipment and improvements to the area’s roads network and also to delegate the right to discuss and agree on the type of houses or to re-pitch the houses on plots 8 and 9.

Conditions: Time; Comply with plans; Materials; Landscaping; To submit and agree on a construction management plan; Gradual development; To reach level 3 of the Code; Highways requirements; Archaeological Matters; Biodiversity matters; Trees; Drainage/sewerage; To remove permitted development rights; To protect rights of way.

2. Application No. C12/1161/25/LL – Land at Ffordd Penrhos, Penrhosgarnedd, Bangor.

Construction of a new access, roundabout and access road to facilitate a new housing development.

(a) The Senior Manager of the Planning Service elaborated on the background of the application and explained that the application was associated with the above (Application no. C12/1347/25/LL).

He noted that background noise already existed as a result of the busy nature of the A55, and he added that the housing development would include 'acoustic screening' in order to reduce some of the noise.

(b) Taking advantage of the right to speak, an objector noted that he spoke on behalf of the residents of Penrhosgarnedd and Ysbyty Gwynedd staff.

He elaborated and made the following main points:  Existing traffic already affected ambulance journeys to the hospital on a regular basis, especially at times when pupils were transported to and from the schools;  The development would mean that an approximately 400 extra vehicles would travel in the vicinity of the schools;

5 Planning Committee 02.09.13

 The lives of patients who travelled to the hospital could be endangered;  The busy nature would endanger pupils who crossed the road and that such problems could already be seen;  Traffic on the roundabout would pollute the air and affect neighbouring residents;  The application should be refused in order to protect the safety of pupils from local schools and to ensure that the lives of patients who were transported to the hospital were not endangered.

(c) Taking advantage of the right to speak, the applicant’s agent said that the company had responded positively to the decision made by this Committee at the meeting held on 29 July, 2013. He noted that the company was aware of local concerns regarding traffic and that they had closely collaborated with Gwynedd Council, the North and Mid Wales Trunk Road Agency and the Welsh Government to ensure that the development would not have a detrimental impact.

(ch) The local member, (who was not a member of this Planning Committee), referred to a letter he had received from one of the local residents noting that the development would have a detrimental impact on his privacy. It was further noted in the letter that odours, pollution and noise emanating from the roundabout would have a detrimental impact on their day to day lives. It was added that nobody would wish to buy the house in such a place.

The member emphasised that a screen on both sides of the road was required. Also, he called for the cycle path/pavement to be modified so that it would be farther away from the existing houses. He expressed further concern in terms of traffic speed on the roundabout.

In response, officers noted that the suitability of the roundabout and the suitability of the approved access for the housing development were the matters under discussion. In accordance with the local member’s request, it was added that further screening and modification of the pavement/cycle path could be discussed with the developer.

It was explained that it was intended to install a full roundabout on the site in a way to ensure that drivers would slow down as they approached it.

RESOLVED to approve the application and to delegate powers to the Senior Manager to hold further discussions with the applicant and to agree on the location of the cycle path/pavement and additional screening. Conditions: Time; Comply with planning; To submit and agree on surface water arrangements; Highway conditions; Boundary treatment details; Landscaping.

6 Planning Committee 02.09.13

3. Application No. C12/1451/15/LL – Glyn Rhonwy Site, .

Development of pumped storage facility to include an upper reservoir at Chwarel Fawr with associated dam, a lower reservoir at Glyn Rhonwy with associated dam, including the creation of new slate tips and diversion of highways.

The members had visited the site prior to the meeting.

(a) The Acting Development Control Manager elaborated on the background of the application together with the officers’ recommendation to delegate the right to the Planning Manager to approve the application subject to conditions and agreement regarding arrangements in terms of the amount of likely contributions to the .

(b) It was noted that the following observations / additional information had been received: A response from the Economy and Community Department regarding the application had been received on 23.08.2013 which stated that the site was within the Council’s ownership and under the responsibility of the Economy and Community Department. The site had been identified as a strategic development site that had potential to create opportunities for the area. The Department considered that the proposal was in keeping with – and contributed towards – the vision of the Glyn Rhonwy Development Plan that had been prepared by the Department in 2008, and approved. The Economy and Community Department was supportive of establishing a package which included a Community Fund and was dependent on land transfer to the company, subject to conditions/requirements and that the department undertook supervisory work and monitored the execution of such requirements. The Economy and Community Department considered that the proposal contributed towards a wider programme of promoting renewable energy initiatives and energy initiatives that brought economic benefit to the area as part of the Green Gwynedd initiative.

An e-mail, dated 29.08.2013, had been received from an objector (Fish Legal) who continued to question aspects of the work/information that formed part of the application (in terms of contents and lack of information), and that involved ecological matters and designations and the side-effects of the proposed development on these. It also made a request for a detailed fish survey again.

(c) Taking advantage of the right to speak, the representative of the objector said that no assurance had been given regarding the impact of the development on the foundations of local cottages. The objectors called for a surveyor to inspect every house near Lôn Cefn Du before commencing the work and at the end of the work. He further noted that no information had been received regarding who would pay the residents for any damage. He added that no information had been provided regarding other matters, such as the location of additional passing places.

(ch) Taking advantage of the right to speak, the applicant’s agent stated that the proposal had been considered in detail since 2011.

7 Planning Committee 02.09.13

He elaborated by noting:-  that thorough consideration had been given to the design in order to reduce any detrimental impact;  the development would be of an economic benefit to the area;  the plan made appropriate use of the quarries and nearby places;  the plan would generate energy in a beneficial manner;  any impact on wildlife had been considered;  financial contributions would be made to support the community;  amendments had been made in order to reduce traffic along Lôn Cefn Du at specific times including the travel time of school children;  there was a willingness to comply with undertaking a survey of the houses before, during and after the development.

(d) The local member of Llanberis expressed his support of the development. He noted the following main points:-  that the development was one of the plans that was in the pipeline in relation to restoring Glyn Rhonwy to create employment;  the plan would be of benefit locally and beyond;  thorough discussions had been held locally with residents who had received full information and an opportunity to express opinion;  amendments had been made to the proposal in order to alleviate concerns;  constructing the plan will bring an investment of £100 million to the area over a period of three years with approximately 200 construction jobs being created, as well as sub-contracts and the demand for local services;  that 30 jobs will be created in relation to maintaining the site during its lifetime;  that concerns can be dealt with by means of appropriate conditions.

(dd) A letter sent by the local councillor (a member of this Planning Committee) and who apologised for his absence, was read out.

In the letter, he expressed support to the plan and noted that it would bring employment to the area and strengthen the local economy. He further noted:  That he supported the green way of producing energy;  That many concerns of the residents of the Lôn Cefn Du area in relation to heavy transport travelling along the narrow road, had been mitigated with the heavy excavating work being carried out from the Glyn Rhonwy side;  That it must be ensured that the developers, in accordance with their vow, compensated local residents for any damage;  It should be ensured that local workers are employed;  That appropriate landscaping was needed;  That paths needed to be protected.

(e) Members welcomed the plan and it was noted that the concerns of local residents in relation to transport had been considered. It was added that the proposal would be concealed and that the jobs would be of substantial advantage.

8 Planning Committee 02.09.13

(f) In response to an enquiry, it was noted that the method of transforming the energy to the national grid would be the subject of another planning application. It was added that the company was already aware of the objection to the use of pylons. Furthermore, it was noted that concerns regarding pollution or nuisance could be overcome by imposing appropriate conditions. It was added that decommissioning would not be required as there would be no visual impact.

(g) Another member emphasised that the property of local residents should be protected and it was explained that this would be a civil matter.

RESOLVED to approve the application and to delegate powers to the Senior Manager to hold further discussions with the applicant and to agree on the location of the cycle track/pavement and additional screening.

Conditions: Time; Comply with plans; Details of materials and detailed structural plans; Archaeology; Highway Matters; Natural Resources Wales conditions (in terms of ecological matters and in terms of safeguarding the environment); Biodiversity matters; Trees matters; Welsh Water conditions; Public Protection Matters; Rights of Way; Landscaping.

4. Application no. C13/0145/18/LL – Capel , Dinorwig

Application to convert a former chapel into a seven bedroom holiday accommodation.

The members had visited the site prior to the meeting.

a) The Senior Planning Service Manager expanded upon the background of the application. The application had been deferred following a discussion at the Committee in July 2013. Back then, a call had been made for further information mainly in relation to transport and drainage.

It was noted that further enquiries had been made and that no objection was being submitted by the Transportation Unit or Welsh Water.

b) It was noted that the following observations / additional information had been received: 1. A letter dated 27.08.2013 had been received from the agent, emphasising the uses he could make of the building, that was the subject of the application, without planning permission. The agent considered that the building would deteriorate if left unused and that it would be a shame as it was an important and stately building in the area.

9 Planning Committee 02.09.13

2. An e-mail, dated 30.08.2013 had been received from an individual in support of the proposal and considered that the parking provision was sufficient and that the applicant would complete the work in a very tasteful way and that it would support the local economy and improve the appearance of the chapel.

(c) The local member (not a member of this Planning Committee) objected to the application and he made the following main points:-  That a petition with 70 signatures on it outlined the local objection;  That local objection had been expressed at local meetings;  That the road leading to the site was narrow and steep and had no passing place or path;  An increase in traffic would endanger children and parents travelling to the playing field which was located on a very narrow part of the road;  That there was a lack of parking spaces in the area and that there would be no control over the number of people who would be staying in the unit;  That the additional traffic would affect the residents of nearby private dwellings and the vehicles of various services that would be using the road;  That there was no regular bus service that could be used to reduce traffic problems;  That the sewerage system from the unit would connect to the main sewer, namely a public septic tank that was already defective;  That the actual size of the proposal had not been made clear as 2 other holiday homes were connected to the chapel;  That rubbish problems were already prominent in the area because of the number of holiday homes;

(c) In response, it was noted that the legal use of both houses connected to the chapel was houses, and that the owner was entitled to let them for holiday use if that was his wish. In addition, it was noted that any effect caused by these two houses existed already. It was added that the proposal included a bin storage area to the rear of the building. In terms of sustainability, planning officers were of the opinion that the proposal complied with policy principles. In addition, it was noted that statutory experts stated that the sewerage network was sufficient.

(ch) The Senior Transport Development Control Officer noted that passing places were located in various places along the road and that clear access could be gained to the site at most times.

Although the plan showed 5 parking places within the curtilage, the officer was of the opinion that room could be made for eight parking spaces within the curtilage.

(ch) Members noted the following reasons in support of the application:  That there were parking spaces in locations along the road;  The traffic could be worse should another use be made of the building;  That the building was deteriorating and that it should not be left to fall into disrepair;

10 Planning Committee 02.09.13

 Should there be sewerage problems, the unit would be a failure as a holiday unit.

(d) The following reasons were cited for refusing the application:  That the local objection was obvious and that this should not be ignored;  That there were odours already as a result of a defective sewerage system.

RESOLVED to approve the application.

Conditions: Five years In accordance with the plans; Holiday use only; Keeping a register; Agree on external materials; Low profile solar panels; Conservation-type roof lights; Welsh Water; Highway conditions; Biodiversity conditions; Condition to keep a photographic record.

5. Application no. C13/0487/35//LL – Siop Newydd, 50, High Street, Cricieth

To demolish the existing warehouse and erect a new three-storey building with a balcony to be used as offices.

(a) The Senior Planning Service Manager elaborated on the background of the application and noted that a full application was before the committee, rather than an outline application as noted in the written report. It was added that the proposal to use the new building as offices for a television company was suitable.

Changes had been made to the design in response to concerns expressed locally in terms of residential amenities. Furthermore, it was noted that a condition could be imposed to ensure that obscure glass was used in the windows on the balcony side of the building.

It was confirmed that the local member (not a member of this Planning Committee), had expressed his support to the application.

(b) Taking advantage of the right to speak, the applicant referred to the work done by the company explaining that they dealt with documentaries and that the intention was to obtain a suitable facility to record the voice of one person. Therefore, he emphasised that there would not be any noise that would disrupt anyone. He added that the company employed 6 persons.

(c) A member noted that this was a small company that was developing and that this was to be welcomed.

RESOLVED to approve the application.

11 Planning Committee 02.09.13

Conditions: Five years; Materials and finishes; Welsh Water; Transport; Restrict the use to office and studio use only and no other uses within use class B1 of the use class order permitted without planning permission; The building not to be used as a recording studio between 8pm and 8am; Development to comply with the approved plans.

6. Application no. C13/0582/22/LL – Waterloo Shop, 16 Water Street, Penygroes

Change of use of the existing shop to A3 use for the sale of hot food to take-away

(a) The Acting Development Control Manager elaborated on the background of the application and noted that 3 letters of objection had been received originally. However, confirmation had been received that one letter was not valid and if this had become apparent earlier, the application would not have been submitted before the Committee.

It was added that the property had been noted as a business for sale since 2008 but that no purchaser had come forward thus far. It was noted further that there should be some flexibility when considering the townscape.

b) It was noted that the following observations / additional information had been received:  Observations from the Public Protection Service: No objection, recommend conditions regarding opening hours, air extraction system, installation of fat/oil waste traps.  A letter had been received from the owner of Siop Isaf, 7 Water Street, Penygroes, stating that there was no objection to the proposal despite the fact that an objection had been received using the shop's address.

(c) In response to an enquiry, it was noted that the opening hours would be managed by a planning condition but this would also be managed by licence.

RESOLVED to approve the application. Conditions: Five years In accordance with the plans Opening hours 9am – 10pm (Sunday – Thursday), 9am – 11pm (Friday and Saturday) To submit the details of the air extraction and flue system. To install the air extraction system before using the property for A3 use. Welsh Water conditions

7. Application No. C13/0647/22/AM – Land near Lôn Pitar, Penygroes

Outline application to erect two two-storey dwellings and to create a new vehicular access.

12 Planning Committee 02.09.13

(a) The Acting Development Control Manager elaborated on the background of the application noting that the objections had been assessed and that the officers were of the opinion that the proposal would not be unacceptable in terms of the impact on the nearby road, parking or overlooking.

RESOLVED to approve the application. Conditions: Five years; Submit reserved details within three years; Materials and finishes; Access and parking; Landscaping; Withdrawal of permitted rights; Sustainability Code; Welsh Water; Development to comply with the approved plans.

8. Application No. C13/0694/34/LL – Land near Y Dderwen, Pontllyfni.

Retrospective application for the retention of a shed.

(a) The Acting Development Control Manager elaborated on the background of the application, noting that the application was outside the development boundary but that it was concealed. It was added that no business use would be made of the shed and that this was acceptable.

b) It was noted that the following observations / additional information had been received:  Further observations by the applicant:- 1. He needed the shed to shelter a caravan, tractor and boat from the adverse effect of the weather and nearby trees; 2. That the caravan, tractor and boat would be stored safely to the rear of the property and not in front of houses; 3. That the shelter would allow for maintenance work to be carried out as required; 4. The external finish of the shelter, along with its location amongst trees, would mean that it would not disrupt the amenities of nearby residents.

(c) The local member (a member of this Planning Committee) expressed support to the proposal. He expressed that the family of the applicants had been living locally for many years and that they employed local workers. He also referred to the family’s support to the community and that their children attended the local school.

RESOLVED to approve the application. Conditions: In accordance with the relevant plans; Colour of the building; To use the building as storage only; No business use.

13 Planning Committee 02.09.13

9. Application no. C13/0699/14/LL - Seiont II Maritime Museum, Victoria Dock, Bank Quay, Caernarfon

Convert previously used museum into facilities for use of the Dock

(a) The Acting Development Control Manager elaborated on the background of the application and noted that no objection had been expressed regarding the principle. Objections had been received in terms of the lack of facilities; however, it was explained that this was irrelevant.

b) It was noted that the following observations / additional information had been received:  Welsh Water:- standard conditions relating to disposal of foul/surface water from the site;  14 letters had been received in addition to the 10 that had been received already, objecting to the application on the following grounds:- 1. Boat-owners in the Dock had not been informed of the proposal; 2. The proposal did not offer additional facilities and indeed, there was a small reduction in what was offered; 3. Sharing toilets and washing facilities was unacceptable as small children and women would need to use them also; 4. Full use should be made of the workshop as facilities and perhaps the existing temporary building could be used as a workshop; 5. Was there a need for a workshop? 6. There was a chance here to offer comprehensive facilities and to take advantage of the location of the site near the dock to create something interesting and contemporary.

 Community Council:- Supported but questioned whether or not the number of facilities was sufficient;  In response to the above objections, the following observations were submitted by the Economy and Community Department:-

1. The aim of the application was to create toilets, showers and a workshop in the building of the former Seiont II Museum which would then mean that the portacabin was disposed of and would improve the visual amenities of the area. Whilst accepting that having more facilities would be ideal, the plan had been amended to coincide with the finance that was likely to be available; 2. The showers would be individual showers in small rooms with a changing area and shower and no cubicles – these rooms would be structurally sound rooms. Each door would have a lock. 3. The external door would have a digital security lock installed on it; 4. Workshop for the nearby Dock; 5. The proposal would make use of a building that had been vacant historically and would seek to protect the appearance and character of the original building.

e) In response to observations and enquiries by members, it was noted:  That the building was not a listed building.

14 Planning Committee 02.09.13

 Although they were not ideal, the toilet and shower facilities were sufficient, despite the fact that some concern had been expressed regarding the size of the building. RESOLVED to approve the application.

Conditions: Five years; In accordance with the plans; Windows and doors to be grey in colour; Move the temporary building from the site and restore the land to acceptable condition.

The meeting commenced at 1pm and concluded at 4:20pm

15 PWYLLGOR CYNLLUNIO DYDDIAD: 23/09/2013 YSTAFELL GYFARFOD PLANNING COMMITTEE DATE: FRONDEG PWLLHELI MEETING ROOM

EITEM CAIS RHIF CYMUNED LLEOLIAD ITEM APPLICATION COMMUNITY LOCATION NUMBER

1 C09A/0396/18/AM Tir ger / land near, Teras Fictoria/Victoria Terrace, 2 C12/1216/30/LL Bodrydd, Rhoshirwaun 3 C13/0165/40/LL Tir ger / Land by, Ty'n Lon, Lon Boduan, Efailnewydd 4 C13/0337/32/LL Trygarn, Sarn Mellteyrn 5 C13/0652/46/LL Tir gyferbyn / Land adjacent Tan y Bryn, Tudweiliog 6 C13/0708/14/LL Caernarfon Ioanol, North Road, Caernarfon 7 C13/0728/23/LL Riverside Camping, Pontrug, Caernarfon 8 C13/0782/11/LL Bangor 12, Bryn Adda, Bangor 9 C13/0789/11/LL Bangor 21, Maes Y Dref, Bangor 10 C13/0796/17/LL , , Llanwnda

PLANNING COMMITTEE DATE: 23/09/2013 HEAD OF REGULATORY DEPARTMENT REPORT PWLLHELI (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

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 The application was deferred at the Planning Committee on 17.06.13 in order to ask the applicant to submit additional information to the Local Planning Authority. This additional information was to include the following:-

 Submitting a Community and Linguistic Statement in accordance with the requirements of the Supplementary Planning Guidance: Planning and the Welsh Language (November 2009).  Details from the Housing Strategy Unit regarding the need for housing within the village/catchment area.  Confirmation of the observations of the Transportation Unit.  Confirmation from the Policy and Performance Unit that the primary school has the capacity to sustain any additional growth.  Statement from the Policy and Performance Unit about the need to designate land.  Evaluating the application using the ‘three dragons’ programme.  Synopsis of the drainage design for the proposed development.

In response to the above, the necessary information was received and these matters have been included in the report.

1.2 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 undertake drainage and landscaping work. 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 Since submitting the original application, the size of the site has been reduced from 0.99ha to approximately 0.8ha 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, including a terrace (Victoria Terrace) and individual houses; the school is located to the east; an estate of houses is located to the south (Pentre Helen) and open farmland is located to the west. PLANNING COMMITTEE DATE: 23/09/2013 HEAD OF REGULATORY DEPARTMENT REPORT PWLLHELI (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

1.4 The site is currently used as grazing land. The land slopes 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.

1.5 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. Every house has its private amenity area and parking spaces on 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 an estate road.

1.6 The houses facing the county road would have individual pedestrian access to the pavement which would be provided by the developer and this is located along the front of the site with the adjacent road (a section of the proposed pavement 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.

1.7 The proposal includes four different 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 need 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 traverse 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 traverse line of this sewerage pipe.

1.8 In accordance with the requirements of Technical Advice Note 12 on Design (June 2009) a Design and Access 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). In accordance with the requirements of the Development Brief, surface water drainage assessment and plans were submitted along with the application and consideration is given to ecological features and submitting 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: PLANNING COMMITTEE DATE: 23/09/2013 HEAD OF REGULATORY DEPARTMENT REPORT PWLLHELI (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

POLICY A2 – PROTECTING THE SOCIAL, LINGUISTIC AND CULTURAL FABRIC OF COMMUNITIES Safeguard the social, linguistic or cultural cohesion of communities against significant harm due to the size, scale or location of proposals.

POLICY B20 – SPECIES AND THEIR HABITATS THAT ARE INTERNATIONALLY AND NATIONALLY IMPORTANT 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 appropriate flood minimisation or mitigation 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. PLANNING COMMITTEE DATE: 23/09/2013 HEAD OF REGULATORY DEPARTMENT REPORT PWLLHELI (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

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 – INCREASING 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 PLANNING COMMITTEE DATE: 23/09/2013 HEAD OF REGULATORY DEPARTMENT REPORT PWLLHELI (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

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 Guidelines involving affordable housing, planning for sustainable development, planning obligations and housing developments and open spaces of recreational value.

Supplementary Planning Guidance: Development Briefs (November 2009) for this particular site.

2.3 National Policies:

Planning Policy Wales – Fifth Edition (November 2012) - Part 4.10 – Promoting sustainability through good design - Part 4.11 – Planning for sustainable buildings - Para. 8.7.1 – Development control and transport - Para. 9.2.14 – The community’s need for affordable housing - Para. 9.3.1 – New housing developments should be integrated and well-connected to the existing settlement pattern.

Technical Advice Note 2: Planning and Affordable Housing Technical Advice Note 12: Design. Technical Advice Note 15: Development and Flood Risk Technical Advice Note 16: Sports, Leisure and Open Spaces Technical Advice Note 18: Transportation Technical Advice Note 20: Planning and the Welsh Language

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 and not on the whole community must be considered and erecting 27 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 PLANNING COMMITTEE DATE: 23/09/2013 HEAD OF REGULATORY DEPARTMENT REPORT PWLLHELI (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

residents of Victoria Terrace.  Where would the cars of occupants of the proposed estate leave their cars during inclement weather?  What would the implications of the development be for the school and 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 is quite unreasonable and they will cause a hazard to the occupiers and encourage parking 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.

Land Drainage Unit: No objection; need to include conditions in order to protect water courses crossing the site.

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

Public Protection Unit: Not received.

Biodiversity Unit: To 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. Five affordable houses is acceptable based on the size of the development as a whole and there is a need for this type of house in the community.

Public Consultation: A notice was posted on site and nearby 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 objecting to the application: PLANNING COMMITTEE DATE: 23/09/2013 HEAD OF REGULATORY DEPARTMENT REPORT PWLLHELI (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

Following a second consultation on the amended plans 13 letters and one petition including 200 signatories were received objecting on the grounds:

 The site is a greenfield site located in the countryside.  The deeds to the land restricts any development on it to agricultural use only and it must not include any residential development.  The proposal, because of its size and 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 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 were needed to this end.  The 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 way in which additional surface water will be managed without it having a detrimental effect on water courses currently crossing the site. Concern about additional surface water and flooding as a consequence.  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.  Questioning the content and accuracy of the design and PLANNING COMMITTEE DATE: 23/09/2013 HEAD OF REGULATORY DEPARTMENT REPORT PWLLHELI (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

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 new houses in front of them.  Loss of the view to the south which is currently enjoyed by neighbouring residents.  The development could have a detrimental effect on the centre of the village on the grounds of de- centralisation and encourage commuters to the village.  Have a detrimental effect on the amenities of the local residents on the grounds of disturbance and noise.  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 being 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.  Unacceptable that the proposal does not satisfy the requirements of level 3 housing code conditions (although the application had been 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 were being built near the school were very slow in selling – 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.  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.  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:

Principle of the development

5.1 The principle of developing this site for housing has already been accepted as it was designated specifically as a site to be developed for houses in the Unitary Plan and a Development Brief (November 2009) has been prepared for it. PLANNING COMMITTEE DATE: 23/09/2013 HEAD OF REGULATORY DEPARTMENT REPORT PWLLHELI (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

5.2 The number of houses on the site is rather fewer than noted in the Unitary Plan on the grounds that the northern section of the site has been designated as a biodiversity mitigating area and also to reduce surface water run-off. Consequently, and despite the Development Brief noting 30 units, the number of houses has been reduced from 30 to 27. On the basis of the research undertaken when preparing the Unitary Plan, the Council decided that Deiniolen was a village that could cope in principle with more growth by designating this specific building plot (especially for open market housing). Given that the application was deferred in order to gather further information, the Policy and Performance Unit confirmed the situation regarding designating lands for housing and states:

5.3 ‘There is a need for housing in the Gwynedd Planning Authority area for the lifetime of the Gwynedd Unitary Development Plan (2001-2016). Population and household projections set the basis for assessing housing needs in the Unitary Development Plan. There is a need for 5024 additional housing units in Gwynedd to satisfy the increase in population and this figure has been split to eight dependency areas in the County. In the Caernarfon catchment area (which includes Llanddeiniolen) there is a need for 1,384 additional housing units and one way of being able to satisfy this need is by developing sites designated for housing in the Unitary Development Plan as in this case. Consideration was given to several different factors when choosing which settlements could best cope with additional housing such as the Unitary Development Plan strategy, the need to spread developments across the County, environmental characteristics, protecting the Welsh language, percentage of summer/holiday homes and impact on the character of the settlement.’ In addition, the principle of developing the site was supported by the Planning Inspector in the Local Public Inquiry.

5.4 Based on the above, the need for housing is supported and confirmed and it is considered that the proposal is acceptable in principle based on the requirements of Policy CH1 of the Unitary Plan and the adopted Development Brief provided that the development also complies with other relevant policies in the UDP.

5.5 The applicant will be required to sign a Section 106 agreement to ensure that five affordable houses are provided on the site. As referred to above, there has been a reduction in the number of houses proposed to be constructed on the site and this is reflected in the number of affordable houses proposed as part of the plan. In order to justify this reduction in the number of affordable housing, an appraisal of the development was submitted by the applicant. 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 would be sold on the basis of shared equity with a reduction of 20% of the open market house price.

5.6 In order to have an independent assessment of the result of the appraisal undertaken by the agent, the application was appraised by the Policy and Performance Unit using the ‘three dragons’ programme. The general conclusions state:- (i) clearly, building costs is a particularly important consideration in relation to the viability of the scheme and whether it is possible to increase the number of affordable housing provision; (ii) given the building costs submitted with the appraisals of other developments in the areas (Bangor, and Caernarfon) and agreed with the District Valuer, the applicant’s figures regarding building costs in Deiniolen are realistic. Based on this information, it is considered that it would not be viable to include more than five affordable houses as part of this application. This, therefore, confirms that requesting five of the 27 proposed houses to be affordable is reasonable and realistic. PLANNING COMMITTEE DATE: 23/09/2013 HEAD OF REGULATORY DEPARTMENT REPORT PWLLHELI (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

5.7 Also, the Housing Strategy Unit states: (i) the number of applications for social housing in Llanddeiniolen (based on information in November 2012) on the Tai Teg list is high (202); (ii) 50-59% of the local population are priced out of the housing market; (iii) the price of three bedroom houses on the open market in Llanddeiniolen is approximately £130,000 and a 20% discount would make the five houses affordable (following the “shared equity” system); (iv) several housing associations were contacted in order to determine whether they would be interested in purchasing the five affordable houses; however, no response has been received to date.

5.8 It is therefore considered that the element of the proposal involving the provision of affordable housing is in accordance with Policy CH1 and CH6 and also the Supplementary Planning Guidance: Affordable Housing and Technical Advice Note 2: Planning and Affordable Housing

Visual amenities

5.9 As referred to in the above assessment, the site is located on open land in a fairly conspicuous location on the western boundary of the village. The slope and topography of the land means that it slopes down towards an established estate of housing named Pentre Helen to the south. Most of the site will be obtrusive, especially the houses located in the northern section which will be adjacent to 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 detrimental 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.

5.10 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 it integrates well with the existing built form of Deiniolen. The location and layout 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 but 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 requires that it must be ensured that 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.

5.11 It is believed that the design of the new houses add to the variety and eclectic mixture of houses currently around the 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 creating an amenity area in front of the proposed development. In this respect, it is believed that the proposal is acceptable on grounds of the requirements of Policy B22, B23, B25 PLANNING COMMITTEE DATE: 23/09/2013 HEAD OF REGULATORY DEPARTMENT REPORT PWLLHELI (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

and B27 of the Unitary Development Plan as well as the advice contained in Technical Advice Note 12: “Design” (June 2009).

General and residential amenities

5.12 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, several local residents object on grounds that a layout such as this would detrimentally affect residential amenities by means of overlooking and loss of privacy.

5.13 Considering these objections, the application has been amended so that the front row of houses have been 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 on Victoria Terrace and the windows of the proposed houses and in cases such as this it is considered that 20/21m is acceptable between windows which are front facing and bearing in mind that some overlooking is inevitable on properties which face public places such as roads. Also, cross-sections of the site were submitted as part of the application to show that the proposed houses are located on land which is lower than the existing houses to the north of the site which means that there will be some overlooking from these houses down towards the proposed houses. The ridge of the proposed houses would be approximately the same height as the eaves of the houses on Victoria Terrace.

5.14 Despite the proposal leading to more traffic along this part of the county road (which will naturally create more noise and disturbance) it is not believed that the impact would be substantially more than what already exists. Reference was also made by the objectors that lights from vehicles exiting the estate would reflect directly into the front rooms of houses on 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 exiting the site facing these houses. However, the following must be considered in this context:- (i) this is the safest place to create an new access in accordance with highways guidance; (ii) it is not believed any vehicle will have to wait for a long time 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 have the potential to be affected directly by the vehicle headlights - 1 and 2 Victoria Terrace and Pen Golwg. The lights of vehicles would be seen in the background of existing street lights located in front of Victoria Terrace. Therefore, given 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 5.15 Although concerns have been submitted by local residents regarding the suitability and safety of the proposed access adjacent to an existing access and houses, it is considered that the location, layout and design of the proposed access is acceptable/ standard and in accordance with highway requirements and guidelines. In response to the statutory consultation, the Highways Unit is proposing relevant conditions which will ensure that the access is acceptable. It must also be remembered that road safety considerations have already been discussed during the adoption phase of the PLANNING COMMITTEE DATE: 23/09/2013 HEAD OF REGULATORY DEPARTMENT REPORT PWLLHELI (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

UDP when it was acknowledged in principle that the site’s location and the adjacent roads network could cope with a maximum of approximately 30 dwellings.

5.16 Following the deferral of this application in order to obtain further information, the Transportation Unit has confirmed that there is no objection to the application subject to imposing several standard conditions on any planning permission. To this end, the proposal is acceptable based on the requirements of Policies CH28, CH29, CH30, CH31, CH32, CH33 and CH36 of the Unitary Plan.

Linguistic Matters

5.17 Following the deferral of this application in order to obtain further information, the applicant has submitted a Community and Linguistic Statement. The Statement has been prepared in accordance with the requirements of Supplementary Planning Guidance: Planning and the Welsh language (2009). The Policy and Performance Unit was consulted in order to seek opinion on the Statement and it was confirmed ‘that the statement was detailed and comprehensive and stated the following (i) on the whole, the scale of the development is not likely to cause a significant growth in the population which could detrimentally affect the Welsh language; (ii) although the percentage of affordable housing is not high, due to the affordable nature of the area, it is not believed that the number of affordable housing is insufficient in this case; (iii) the mix of houses proposed makes the development attractive to the local population in particular for families with children and, therefore, beneficial for the Welsh language; and (iv) the proposed development is not likely to have a detrimental effect on the local primary school.’

5.18 As a result of the aforementioned assessment based on the Statement submitted, it is not considered that the proposal is contrary to neither Policy A2, Supplementary Planning Guidance: Planning and the Welsh language (2009) nor TAN 20: Planning and the Welsh Language.

Biodiversity matters

5.19 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 the habitats on the site will not have a significant impact on local biodiversity. However, if bat and water vole surveys show that there are populations of these species on the site, then mitigating measures will have to be considered along with translocating locations. Following these observations, a bat 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

5.20 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.

5.21 Sustainability matters

5.22 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, PLANNING COMMITTEE DATE: 23/09/2013 HEAD OF REGULATORY DEPARTMENT REPORT PWLLHELI (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

using materials from certified sustainable sources. A Level 3 Sustainable Homes Code assessment was not submitted with this application as it was submitted prior to the need for this requirement had come into force. Due to other requirements outside the planning field it is likely that the building work will be in keeping with sustainable principles in any case. However, as there is Code assessment as part of the application, it is not therefore believed that it is appropriate to assess the proposal in the context of Policy C7.

Flooding matters

5.23 One of the main objections and concerns of local residents with this application is the flooding implications on adjacent dwellings should the application be approved. Natural Resources Wales (previously the Environment Agency) originally submitted observations suggesting that flooding considerations was a relevant consideration for the application and that a Flood Consequence Assessment was required. The assessment was required to show that the threats could be managed to a sufficient and acceptable degree in order to ensure that the proposal is safe in relation to flooding and that the maximum surface water disposal discharge would not increase flood risk to properties further down from the site, namely Pentre Helen Estate.

5.24 Following these observations, a land drainage assessment was submitted by consultants specialising in this type of work. The purpose of the assessment was to create and design an effective drainage system to the site which complies with the requirements of Technical Advice Note 15: ‘Development and Flood Risk’ (2004).

5.25 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 and will be similar to the current overflow rates for the green field site. It was suggested that relevant conditions could be imposed with any planning permission for the development in order to prevent flooding.

5.26 The Planning Committee asked for further information regarding this drainage system and a synopsis was submitted by the Senior Project Manager from Datrys company who had prepared the Flood Consequence Assessment in order to better explain the system. It states:

(i) the principle of the design of the drainage system is to mimic (where possible) the existing drainage pattern for the area by providing a culverted piped network to accommodate the existing culverts entering the site, directing all surface run off from the development site towards the 3 culverted outlets on the southern boundary of the site (in accordance with the requirements of Technical Advice Note 15 on “Development and Flood Risk”, Gwynedd Council requirements and the “SuDS” handbook), porosity tests on site in compliance with BRE Digest 365 to determine the suitability of the ground to be used as soakaways, using hydrobrakes restricting the discharge (speed of flow to be agreed with Natural Resources Wales), below ground storage is provided via oversized pipework and above ground swales, which are dry ditches formed to store volumes of water above ground during storm events; (ii) the design chosen in this particular case ensures that surface/rain water will be kept on the site and then discharged from the culvert outlet (see above) and a flow speed which reflects the existing drainage arrangement in the area; (iii) it is believed that if there is a flooding problem on the site currently it will not be exacerbated as a result of this drainage design. PLANNING COMMITTEE DATE: 23/09/2013 HEAD OF REGULATORY DEPARTMENT REPORT PWLLHELI (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

5.27 Given the above, it is believed that this aspect of the proposal can be controlled in an acceptable method, and Natural Resources Wales and Welsh Water have confirmed this by not submitting objections and suggesting appropriate conditions in order to ensure an acceptable development. Also, subject to conditions, the Council’s Land Drainage Unit did not have any objections to the development. It is therefore considered that the proposal is acceptable in accordance with the requirements of Policies B23, B29 and B32 of the Unitary Development Plan and also in relation to Technical Advice Note 15: ‘Development and Flood Risk’ (2004).

Community benefit / 106 Agreement issues

Affordable Housing:

5.28 As noted above, the element of the proposal involving affordable housing is considered acceptable in number. Consequently, it will need to be ensured that five of the 27 houses are affordable houses for general local need which could be done by completing a 106 Agreement prior to issuing any permission.

Open spaces:

5.29 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 the site, it is expected for the applicant to discuss with the Local Planning Authority regarding establishing 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 recreational area for children is provided on site and 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. The houses also have private gardens which also provide suitable playing areas.

Education:

5.30 In the context of the Supplementary Planning Guidance: ‘Housing Developments and Educational Provision’ along with the information which states that there is sufficient capacity in the local school to cope with any possible growth which could arise as a result of the development, it is not considered that there would be justification to ask for a financial contribution for the primary school. Following the deferral of the application for further information, the Policy and Performance Unit confirmed this by stating: ‘in accordance with the information noted in the Supplementary Planning Guidance: ‘Housing Developments and Educational Provision’, (November 2009) there is sufficient capacity in Ysgol Gwaun Gynfi and Ysgol Brynrefail to cope with the number of pupils which would arise from the proposed development and on these grounds there will be no need for a financial contribution for educational purposes in relation to this development.’

Response to the public consultation

5.31 It is considered that the objections and concerns of the local community in relation to this application have been considered in full in the assessment of this application and that no matters outweigh the relevant policy considerations.

6. Conclusions: PLANNING COMMITTEE DATE: 23/09/2013 HEAD OF REGULATORY DEPARTMENT REPORT PWLLHELI (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

6.1 Taking into consideration the above-mentioned assessment, it is believed that this outline proposal to build 27 houses is acceptable in terms of its location, scale, density, visual and residential amenities and road safety.

7. Recommendation:

7.1 To delegate powers to the Senior Planning Manager to approve the application, subject to the completion of a legal agreement by the applicant to ensure that the five of the 27 houses proposed are affordable housing for general local need, and in accordance with the following conditions:-

1. Relevant time conditions. 2. Conditions re. submitting reserved matters details. 3. Highways conditions / notes. 4. Natural Resources Wales conditions 5. Welsh Water conditions 6. Materials / slates 7. Biodiversity mitigating measures as included in the ecological survey. 8. Landscaping 9. Removal of permitted rights for the affordable houses.

Number: 2

Application Number: C12/1216/30/LL Date Registered: 14/09/2012 Application Type: Full - Planning Community: Aberdaron Ward: Aberdaron

Proposal: INSTALLING 2 WIND TURBINES MEASURING 18 METRES IN HEIGHT TO THE HUB WITH A MAXIMUM HEIGHT OF 26.6 METRES TO TIP OF BLADES Location: BODRYDD, RHOSHIRWAUN, PWLLHELI, LL538HR

Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:

1. Description:

1.1 A discussion on the application was deferred at the Planning Committee on 20 May 2013 as a letter had been received from the Welsh Government stating that they were undertaking a screening direction for the development, and instructing the Council that it could not grant planning permission in relation to the application. The screening direction has now been made, and the direction in terms of determining the application has been lifted.

1.2 This application therefore contains additional information to what was submitted and referred to previously, and has been updated in light of the matters that have arisen over the past months.

1.3 The site is located approximately 0.6 miles to the east of the B4413 with access to the site from the existing unclassified road which leads on to the B4413. The boundary of the Llŷn Area of Outstanding Natural Beauty is located approximately 700 metres to the east. The site is located within a Landscape Conservation Area and the Llŷn and Landscape of Outstanding Historic Interest. The site is surrounded by dispersed houses, farms and businesses.

1.4 The application involves installing two wind turbines measuring 26.6 metres to the tip of the blade (18m to the hub). It is proposed to install turbines that have three blades and the base of the turbines would measure approximately 1.2 metres wide.

1.5 Several documents have been submitted as part of the application, including a Planning, Design and Access Statement, a Landscape and Visual Impact Assessment, a Noise Assessment and an Ecological Assessment. Photomontages of the proposal have also been received. The initial photomontages only demonstrated the two proposed turbines; however, additional photomontages were later submitted demonstrating the two proposed turbines in relation to the turbine that has been approved at Menter Felin Uchaf, which is yet to be erected.

1.6 Several items of correspondence were received referring to the fact that an incorrect ownership certificate had been submitted as part of the application, since the applicant was not the owner of the land. The agent was contacted regarding this and the correct Ownership Certificate has now been submitted. 1.7 The proposal has been screened for an Environmental Impact Assessment under the Town and Country Planning (Environmental Impact Assessment) (Wales and England) Regulations 1999 (as amended). Having assessed the likely impact of the proposal using the relevant criteria in columns 2 and 3, as well as the guidelines in the Welsh Office Circular 11/99, it is considered that the impact of the development on the environment is insufficient to justify submitting an environmental statement with the application. A screening direction has also been made by the Welsh Government. It was concluded that the development did not require an Environmental Impact 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:

Strategic Policy 2 – The Natural Environment. The natural environment and the landscape character of the area and views in and out of the National Park and the 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 it, and new developments in historic areas will be expected to conform to particularly high design standards which will maintain or improve their special character.

Strategic Policy 9 – Energy. Development proposals to provide energy from renewable sources will be approved provided they do not significantly harm the environment or the amenities of nearby residents.

POLICY B3 – DEVELOPMENTS AFFECTING THE SETTING OF LISTED BUILDINGS Ensure that proposals have no impact on the setting of Listed Buildings and that they conform to a series 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 of national importance (whether scheduled 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 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.

POLICY B10 – PROTECT AND ENHANCE LANDSCAPE CONSERVATION AREAS Protect and enhance Landscape Conservation Areas by ensuring that proposals conform to a series of criteria aimed at avoiding significant harm to recognised features.

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 B20 – SPECIES AND THEIR HABITATS THAT ARE INTERNATIONALLY AND NATIONALLY IMPORTANT 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 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 C26 – WIND TURBINE DEVELOPMENTS Proposals for wind turbine developments on sites within the Llŷn AONB will be refused. In other locations, only proposals for small-scale or community or domestic based wind turbine developments will be approved provided that a series of criteria can be met which relate to the effect on the visual quality of the landscape and environmental and social factors.

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.

Supplementary Planning Guidance: Onshore Wind Energy (Public Consultation – Draft Version, December 2012)

2.3 National Policies:

Planning Policy Wales (Edition 5, 2012), Heading 5 – Conserving and Improving Natural Heritage and the Coast.

Planning Policy Wales (Edition 5, 2012), Heading 13 – Minimising and Managing Environmental Risks and Pollution.

Technical Advice Note 8: Renewable Energy (2005) LANDMAP

LANDMAP Information Guidance Note, Countryside Council for Wales, Number 3 – ‘Using LANDMAP for Visual Assessment of Onshore Wind Turbines’ (June 2010).

The Welsh Office Circular 60/96 – ‘Planning and the Historic Environment – Archaeology’ (December 1996).

The Welsh Office Circular 61/96 – ‘Planning and the Historic Environment: Listed Buildings and Conservation Areas’.

A Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales, CADW 1998.

Section 85 of the Countryside and Rights of Way Act 2000 which requires Local Authorities to address the aim of safeguarding and enhancing the natural beauty of the AONB.

3. Relevant Planning History:

3.1 C12/0419/30/LL – Installation of two wind turbines with a maximum hub height of 24.6 metres and a total height of 34.2 metres to the tip of the blades, together with ancillary work – withdrawn.

4. Consultations:

Community/Town Council: Support.

Transportation Unit: Not received.

Footpaths Unit: Concerned to ensure that public footpath no. 48 Aberdaron is protected during and at the end of the development. We are concerned to see that the wind turbines are in such close proximity to the public footpath, however it has been given to understand that this complies with the requirements.

Welsh Water: No observations.

CADW: Observations dated 17 October 2012 The following advice only refers to those aspects of the proposal that fall within CADW's remit as consultees on planning applications – which are the effect of developments on scheduled ancient monuments or on Registered Historic Landscapes, Parks and Gardens. Our observations do not relate to any possible impact on the setting of any listed building, which is a matter specifically for your authority. These observations are offered without prejudicing the Welsh Government’s consideration of the matter, were it submitted formally to the Welsh Government for a decision.

The proposed development is located near the following scheduled ancient monuments known as: CN284 – Mynydd-y-Graig Hut Circle CN220 – Capel Anelog CN045 – Castell Odo CN089 – ‘The Senacus Stone’ (formerly in Tudweiliog, Dwyfor) CN090 – ‘The Veracius Stone’ (formerly in Tudweiliog, Dwyfor) CN318 – Tŷ Hir to the south of Talarfor CN026 – Rhiw Burial Chambers CN207 – Mynydd Rhiw Stone Axe Factory CN171 – Site of St. Merin’s Church CN114 – Llangwnadl Standing Stone CN102 – Mynydd Rhiw Round Cairns

It does not appear that there are any documents in relation to the impact of the proposed turbines on the scheduled ancient monuments in the vicinity of the proposed development. Some consideration should have been afforded to the impact on the setting of the ancient monuments, especially the defended enclosures that surround the area of the application. However, having reviewed the application details and following a site visit from Cadw’s Regional Scheduled Monuments Inspector, Cadw has no serious concerns regarding the application. The size of the turbines, at 25m, is relatively small and the turbines would be positioned in a low lying area. They would not disrupt the skyline above any of the monuments and they are not within close proximity to any of the monuments. The scheduled monuments in the area would overlook the turbines and the turbines would be set against the backdrop of the surrounding agricultural landscape and therefore their presence would not be too obtrusive. While the turbines would represent an unfortunate addition to the pastoral landscape, they would not pose a harmful impact to the setting of the scheduled ancient monuments in the vicinity.

The proposal also lies in the vicinity of the historic park and gardens, which is included on the Register of Historic Parks and Gardens in Wales. The proposed development, however, would not be visible from Plas yn Rhiw, and therefore would not affect its setting.

The proposed development lies within the Registered Historic Landscape of Llŷn and Bardsey Island. It is Cadw’s opinion that the proposed turbines would not pose a greater than local impact on the historic and visual character of the Registered Historic Landscape of Llŷn and Bardsey Island, where they would be located. Both turbines are of medium size. They would be located in the rural landscape of the Llŷn Peninsula on low lying land between two hillocks, Mynydd Ystum to the west and Mynydd Rhiw to the east. They would therefore be visually recessive in the broader landscape and would not be prominent skyline landmarks in the landscape of low lying features such as cottages, farms, farm buildings and field walls. Cadw agrees with the results of the Landscape and Visual Impact Assessment (LVIA) that their overall visual impact would be detrimental on a minimal to medium level, but substantially detrimental within a distance of 1km. Therefore, the overall detrimental impact on the character of the historic landscape would not be significant.

In terms of the cumulative impact, there would be none; as there are no other turbines visible from the site of the proposed turbines.

Observations dated 22 March 2013 Following the submission of additional information on the application, it is evident that the turbines would be a prominent feature when looking at them against the background of pastoral landscape. However, as the turbines are not very close to any of the scheduled ancient monuments in the area, they would not disrupt the skyline above the monuments and they would not block the inter- visibility of any of the scheduled ancient monuments. Therefore, Cadw does not consider that the proposed development would have a detrimental impact on the setting of the scheduled ancient monuments in the site’s vicinity which were identified in our response to the original application that was sent on 17 October 2012.

Gwynedd Archaeological Not received. Trust:

Countryside Council: The Countryside Council for Wales does not object to the proposal. In our opinion, as explained below, the proposal is unlikely to have a detrimental impact on natural heritage interests.

The proposal will not directly or indirectly affect the features, practicality or integrity of any protected statutory sites of ecological, geological or geomorphologic interest. The Countryside Council has not visited the site of the proposed development; however, we have no records of any protected statutory species being present in the area. Given the turbine’s location, the Countryside Council considers that the proposal will not be harmful to maintaining the favourable conservation status of any population of protected species in their natural abundance.

The application site is located within the Llŷn and Bardsey Island Landscape of Historic Interest and is within 870 metres of the Llŷn AONB. The site has also been identified as having a Cultural Landscape of outstanding value by LANDMAP. We therefore wish to remind you of your duty under Section 85 of the Countryside and Rights of Way Act (2000) to consider the purpose of protecting and enhancing the natural beauty of the AONB. In light of the scale of the proposal, the Countryside Council believes the proposal is unlikely to have a significantly detrimental impact on the special integrity and quality of the AONB or on the Llŷn and Bardsey Island Landscape of Historic Interest. Although we consider that any substantial landscape impact on the abovementioned sites is unlikely, there could potentially be an impact on local and/or regional interests. You are advised to contact the AONB Officer for further advice.

To close, in our opinion, the development in its current form is unlikely to have a harmful impact on the above listed natural heritage interests. The Countryside Council for Wales does not object to the proposal.

Since receiving the above response, Natural Resources Wales have confirmed in an e-mail that the distance of the site from the boundary of the AONB is 650 metres and not 870 metres. However, they have received internal advice on the application from a landscape expert, which was based on the correct distance. The conclusions in the observations have not changed and they are of the opinion that the proposal is unlikely to have a significant impact on the AONB or on the Historic Landscape.

Scottish Power/Manweb: No response.

AONB: The proposed development This is a revised application to erect two wind turbines at Bodrydd, Rhoshirwaun. The height of the turbine columns is 16.5 metres and with the blades they would reach a height of 25 metres. A vast number of background documents have been submitted with the application. These are quite detailed and they contain a lot of general and useful information. The principal document in assisting us to assess the likely impact of the development on the landscape is the Landscape and Visual Impact Appraisal prepared by CAPITA SYMONDS. As with the previous application there is concern regarding some misleading statements made in the executive summary of the application’s supporting document. Statements are made here relating to the global benefit of the development, the risk of there being a significant rise in sea levels without a renewable energy provision and that the Landscape and Visual Impact Appraisal concludes that there would be no harmful visual impact as a result of the development.

Location The site in question for the turbines is located on the agricultural fields of the Bodrydd farm in the area of Rhoshirwaun. The landscape of this area comprises of low lying and undulating land. According to the LANDMAP study, which was compiled on the basis of Countryside Council methodology, the landscape of this area is of a high standard – therefore it is an area of county / regional importance. The AONB is a statutory designation of the same status as a National Park and was made based on landscape conservation. Areas of Beauty, such as Llŷn, are protected by national and local policies. The site is not within the current AONB boundary; however it is fairly close – and is in an area that has been designated as a Landscape Conservation Area. It should also be recognised that the entire landscape of Llŷn is of a high quality and that a report prepared as part of LANDMAP in 1999 recommended reviewing and extending the AONB boundaries to include the whole of Llŷn. In addition, the Llŷn area, including the Rhoshirwaun area, is included on the Register of Historic Landscapes of Outstanding Importance in Wales.

Visual Impact Although the site itself is not within the AONB, the landscape of this area is of a high standard and the Landscape and Visual Impact Appraisal acknowledges this. The development would be very prominent in the landscape that surrounds the site and the nearby houses, as the Landscape and Visual Impact Appraisal confirms. The turbines would be visible from a number of rural roads (third class) in the vicinity and from local public footpaths. They would also be visible from other local public spaces including the main road to Aberdaron, the B4413. From some of these sites, the turbines would be visible against the skyline. Due to its location, size and form the development will be visible from several locations within the AONB and the Rhiw area in particular, as the images that were submitted have shown. The Landscape and Visual Impact Appraisal addresses in detail the visual impact of the development and acknowledges that the development would have a varying negative impact on views in and out of the AONB. The Appraisal also concludes that there will be a negative impact in an area that is contained in the Register of Historic Landscapes of Outstanding Importance in Wales. A letter from CAPITA SYMONDS notes that the visual impact of the turbines in the revised application will be less, however the conclusions of the Appraisal still apply.

Policy Planning Policy Wales (2011) includes general policy guidance on safeguarding protected landscapes and notes that “National Parks and AONBs are of equal status in terms of their landscape and scenic beauty, and both must be completely protected from inappropriate developments. In National Parks and AONBs, development plan policies and development control decisions should place a strong emphasis on protecting and enhancing the natural beauty, the wildlife and the cultural heritage of those areas.” TAN 8 provides more detailed national policy guidance for Renewable Energy. In relation to Gwynedd, Policy C26 of the UDP deals specifically with Renewable Energy. It is noted that small-scale wind turbines can be acceptable outside the AONB, provided that a series of criteria are met. In terms of the AONB, the most relevant of its criteria is Criterion 1, namely that “the development would not have a significantly harmful impact on the setting of the Llŷn or Anglesey AONBs… ”. Policy B8 of the Unitary Plan refers to safeguarding the views in and out of the AONB. The justification in Policy B8 notes that: “Development on land near the Llŷn or Anglesey AONB that would be visually prominent or would have a detrimental effect on views into or out of the area will not be approved unless there are special grounds to justify it.” It also notes that “views into the AONB, as well as views of the area (particularly from the roads, rights of way, or other public areas) are extremely important.” In respect of the AONB Management Plan the relevant Strategic Aim notes as follows: "Sustain, safeguard and improve the character, outstanding beauty and uniqueness of Llŷn’s landscape, coast and seascape".

Conclusion Although there is an environmental benefit to producing energy from wind turbines, it is important to ensure that there are no unacceptable effects on the landscape, particularly in areas of natural beauty such as Llŷn. Two wind turbines on 16.5 metre columns would be significantly higher than any other structure in the nearby area, with the exception of the masts on Mynydd Rhiw. Also, the blades of the wind turbine will be in motion, meaning that the visual impact will be greater than that of a stationary structure (which cannot be conveyed in images or photomontages). Due to their size and location, the turbines would be visible from the AONB and prominent on the landscape from a number of nearby public areas, including public footpaths. Although the revised application is for smaller turbines than those in the original application, there is still concern that the proposed development would have a detrimental impact on the rural and natural character of this part of the Llŷn landscape and the associated scenery – and this being in close proximity to the AONB boundary which is a nationally protected landscape.

MoD : No objection.

OFCOM: Not received.

Arqiva: No objection.

Crown Castle: Not received.

JRC Ltd: No problems anticipated.

Atkins Limited: No objection.

NATS Safeguarding: No objection. Environment Agency: No observations.

Public Protection Unit: Wind turbines have the potential to affect the amenities of local residents by generating noise in or close to nearby residential housing. We accept the conclusions of Blue Tree Acoustics in terms of the likely impact of the noise emanating from the development noted in their document: Noise Assessment Report for Proposed Installation of Two Wind Turbines at Bodrydd, Gwynedd, Wales Ref: 1526.23/3 dated 8 February 2013 which was submitted with this application. Therefore, it is recommended (should the application be permitted) that it is approved subject to including conditions as part of any permission. The purpose of the conditions is to safeguard local residents from the impact of unreasonable noise emanating from the wind turbines.

Biodiversity Unit: The application includes an ecological report from Ecology Matters which undertook a walkover survey on 15 October 2011. The survey and this report have been undertaken to a moderately acceptable standard. The turbines would be located in two fields of improved grassland which is of low biodiversity value. Therefore, this proposal would not lead to the loss of valuable habitats. Although the plans do not show any access tracks to the turbines, it is important that any access to the construction locations avoids high value habitats. These turbines are unlikely to have an impact on the local bat population or on bird populations. There are no biodiversity concerns in relation to the proposal.

Public Consultation: Notices were placed around the site and nearby residents were informed. Following the receipt of amended details, there was a second consultation on the application and 52 objections were received to the proposal. The objections are summarised below:  The turbines are to be located on land that is surrounded closely by the AONB and which is located within the Landscape of Historic Interest and the Landscape Conservation Area.  These turbines are an assault on the designated areas.  The turbines would have a significant impact on the Area of Outstanding Natural Beauty.  LANDMAP has classed the site as one of high value for its scenic value and the Landscape and Visual Impact Appraisal (LVIA) confirms there will be a moderately harmful visual impact.  The LVIA confirms a significant harmful impact on the visual amenities of the AONB.  The applicant’s LVIA shows that the turbines would have the second highest level of harmful impact on the landscape which equates to a significantly harmful impact on the visual amenities of the AONB, and it must therefore be refused.  The turbine is visible from all directions including Mynydd Rhiw, Mynydd Ystum, coastal areas and from the coastal path and the local public footpath nearby.  Impact on a 7 km2 area of the AONB and therefore there is a significant environmentally harmful effect on the area, especially when considering the designations and purpose of the areas.  The site is 600 metres from the AONB and therefore the significantly harmful impact is self- explanatory.  The area for the turbines is a relatively flat area that leads to the coast and is therefore very visible from the AONB.  The proposal would have a visually harmful impact on the setting of the AONB on the local tranquil landscape.  The site is visible from the AONB.  Destroys views of the AONB.  The AONB has been designated as a sensitive area and this has been acknowledged by law.  Ruins one of the most frequently photographed views and which is depicted the most by artists – the view from Pen Llŷn looking to the west towards Bardsey Island from Rhiw. The iconic views in and out of the Llŷn AONB would be lost to a generation.  The photomontages are worthless when wind turbines are concerned. There are no photomontages that can demonstrate the real impact of a moving object set within a still landscape. If anyone doubts this, they should visit the ’s car park at the top of Mynydd on a clear day to see how the Crugeran turbine has affected the landscape.  Pen Llŷn is not a remote mountainous area where such structures can be erected far away from sight.  These turbines would have an effect on this part of Llŷn from Penygroeslon to the west.  The turbines are too large for this evocative location in Pen Llŷn.  The size of the turbines equates to the size of a four-storey building and is out of character with the nature and the character of the surrounding area.  The turbines are very large, incompatible, and are artificial structures in what is mainly a rural area with an agricultural landscape.  These turbines will dominate views from several vantage points.  A large alien structure within sight of the AONB.  The turbines are too large and will look out of place, such as the one in Sarn.  Small turbines have a swept area of less then 70m2. These turbines have a swept area of 402m2. They are not small in the context of policy C26 of the GUDP.  The turbines will be erected on lower land owned by Bodrydd and this is believed to be because locating them on higher ground would destroy Bodrydd’s own views; on lower ground the turbines will not be visible from Bodrydd itself, due to a dip in the land.  The visual impact of turbines can be witnessed at Crugeran and Castellmarch.  Sets a precedent for farmers / other developers to erect other wind turbines within a few metres of the AONB.  Sets a precedent for turning Llŷn into one large wind farm.  Have spoken to numerous local farmers and the majority say that they would have an interest in wind turbines if this application is approved. Have tried to work out how many farms there are in Pen Llŷn and from Aberdaron to Mynydd Rhiw we think there are approximately 200 farms and should 2/3 of these farms follow the example of the applicant in this application, there could potentially be 250 wind turbines on this narrow section of the peninsula.  Felin Uchaf, a nearby property has permission for a 14.5 metre wind turbine and solar panels and if both turbines at Bodrydd are also approved, then it will in fact be one wind farm that would have an impact on views in and out of the AONB and would have a significant cumulative impact on the landscape.  Should this application for two turbines be approved, there will be as many as five wind turbines visible within less than two miles of each other between Castell Odo and Mynydd Rhiw, namely, Bodrydd (2 x 25 metres), Felin Uchaf (1 x 15 metres), Cae Graig (1 x 17.5 metres) and Brynhyfryd (1 x 15 metres). Together, they would establish a wind farm in the lowlands of Rhoshirwaun and in an area that has been designated as a Landscape Conservation Area and a Landscape of Outstanding Historic Interest, and which is also surrounded by the Llŷn Area of Outstanding Natural Beauty.  There is permission for a wind turbine and solar panels less than 200m to the north of this development. Believe that approving the current application would lead to the highest density of wind turbines to the west of Snowdonia National Park and that the planning authority should advise against this density and cumulative impact, especially within such a sensitive area.  The applicant refers to the Crugeran application to demonstrate that a precedent has already been set, but for many Crugeran does not set a precedent to approve more turbines, rather, it shows that the decision to approve a turbine there was a misjudgement and should not be repeated.  Sets a precedent and undermines the entire planning system.  The decision to refuse the Tir Dafydd application has established that no precedent has been set, and also highlights the lack of clear guidance in the current policy on wind turbine developments outside the Llŷn AONB.  The applicant suggests that the mast on Mynydd Rhiw affects the AONB and suggests that the wind turbines would be no worse. However, the mast does not generate any noise, does not attract attention and more importantly does not contain any parts that are in motion which draws attention permanently from a landscape that is otherwise motionless. One can look at the mast and very easily draw your attention away from it; however this is not the case when you have blades rotating on a turbine.  There are no clear guidelines in place for this type of development.  Concern regarding Menter Felin Uchaf which is a centre that promotes and supports local culture and crafts, and industrial structures of this scale and in such close proximity would threaten the aim of the enterprise.  Does not bring any benefit to the community.  No evidence that the applicant has consulted with the local community.  The applicant refers to the fact that the proposal would assist local school children and this has been used previously, however children are fully aware of green energy nowadays and looking at wind turbines in Pen Llŷn would not provide information that is not already available to them on the internet and other sources.  The turbines are of a medium size as is defined by the Gwynedd draft Supplementary Planning Guidance.  The turbines are of a medium commercial size according to TAN 8 guidelines.  The turbines are obviously for commercial production, which far exceeds the farm’s requirements and cannot be considered small, domestic or for community use as required by Policy C26 of the GUDP.  Neither are they micro-production turbines as alleged in the application.  The application is for two micro turbines, but together, they generate the equivalent of one large turbine.  Small turbines are usually about 11 metres to the tip of the blade and generate electricity for one property or a farm or school etc.  Should permission be granted, it should be restricted to one 6kW turbine on a 9 metre mast and painted dark green. This type of turbine would be adequate for the energy requirements of a location such as Bodrydd farm.  No objection to having one wind turbine on the site, of the same height (14.5 metres) as the one that has been approved at Felin Uchaf Centre.  The application, to all intents and purposes, is to establish an electricity station generating electricity for approximately 100 houses.  These giants will detract from the beauty and tranquillity that has attracted so many visitors to the area and could lead to a reduction in visitors and in the income generated by them.  Changes in the noise levels to urban levels which is unacceptable.  Noise will be carried down with the wind.  Locating a wind turbine 250 metres away from houses is not acceptable.  While the noise was being monitored, building work was being undertaken at Felin Uchaf Centre, and therefore there was more noise than usual. Also, there was more noise than usual coming from machinery at the applicant’s farm.  Loss of views from adjacent property. Both turbines will be located directly in front of a south-facing window, which is a main window and the turbines will create an eye-sore and will be very prominent.  The impact on wildlife in the area.  Bodrydd is located near a SSSI, and noise from the turbines will affect wildlife and erecting the turbines would destroy habitats.  Impact on migratory birds.  Proximity to a public footpath only metres away from the turbines is unsafe.  Impact on TV and satellite receivers.  Impact on tourism.  Noise from the turbines will affect tourism.  Scotland is losing out on tourism income due to a blanket of wind turbines – does the Council wish this for Llŷn?  Have been renovating a property 250 metres away from the application site for seven years to be a high quality holiday unit which would attract people to the area due to its tranquil setting and lovely scenery. Those people in turn would spend their money with local businesses, but this will be destroyed by the wind turbines in the neighbouring field.  Who wants to stay near turbines that are very visible and cause noise pollution?  No feasibility study has been undertaken in terms of collecting data for a period of time to establish wind levels in order to find the best location for the turbines in respect of performance levels.  Loss of income.  Loss of tourism means local people will lose their jobs.  Impact on house prices.  No certainty that local workers would be employed to erect the turbine.  Money is what lies at the root of wind turbine applications, and not the welfare of the environment, individuals or the community.  Companies call on Pen Llŷn farmers with proposals they cannot refuse and pressurise them into erect wind turbines on their land.  The majority of farms have sheds that would be suitable for solar panels and they should do this rather than erect wind turbines.  The possibility of using energy generated by tidal turbines should be considered for Llŷn.  This is an application to have income from the Feed in Tariff, and without this, it would not be viable.  The public will be paying for these turbines through an increase in their energy bills.  The technical details that were submitted as part of the application are incorrect.  The planning system is not suitable for wind turbines in Llŷn. Due to their impact on the landscape and the economy, there is a need for all Dwyfor residents to be consulted, not only adjacent houses.  How could an application to site a caravan or to erect a house be refused on grounds of policies B8, B10, B12, B22 if turbines of this size are considered suitable to be erected in the particularly sensitive designated landscape of Pen Llŷn?  There are two ways of interpreting Policy C26 – either for smaller turbines measuring 11 metres to the tip of the blade and generating electricity sufficient for one property or a farm or a school, or turbines that generate less than 5MW which can be large turbines, namely offshore turbines on the northern coast which generate 3.6MW with a hundred turbines, such as the one in Sarn generating around 5MW.  The proposal is contrary to policies A1, A2, A3, A4, A6, A9, C26, B8, B10, B12, B14, B22, Strategic Policies 1, 2, 3, 23, 33 and AONB Note NA2.  There is no logic at all in considering erecting any more wind turbines in the area until the consultation on the Supplementary Planning Guidance is completed.  There is a need to submit an Environmental Impact Assessment for the proposal. As there is no such Assessment, it is not possible to assess the degree and impact of the proposal on the setting of the AONB.  An Environmental Impact Assessment is required as these turbines are of a medium size; they are not small.  An Environmental Impact Assessment is required as there is a significant impact on the legal designation of the sensitive area and an Environmental Impact Assessment is needed in order to assess the nature and extent of this significant impact on the environment. The location of the development then becomes a factor when determining whether or not an Environmental Impact Assessment is required.  Government Guidelines have not been followed as an Environmental Impact Assessment has not been produced and therefore there is no way of properly assessing the impact.  All applications need to be screened if they involve erecting more than two turbines or if the height of the hub of the turbine or any other structure is greater than 15m. In other words, the Government and the Assembly Government define wind turbines that are half the height of the ones proposed at Bodrydd as turbines that will have a substantial impact on the environment.  Approving the application is contrary to section 85 of the Countryside and Rights of Way Act 2000.  Need to ensure that any vote on the application is registered.

A petition was received with 81 signatories. This petition is not directly related to the current application; rather it is a petition that objects to all planning applications for turbines taller than 11 metres within the boundary and views of the Landscape of Outstanding Historic Interest, the Landscape Conservation Area, the Llŷn AONB and other sensitive landscapes. For the remainder of Gwynedd, turbines taller than 15 metres are opposed unless a public consultation is held on the results of assessments of direct and indirect environmental impacts, which prove beyond doubt that they would have no harmful or unacceptable impact.

One letter was received supporting the application on the following grounds:  Supportive of renewable projects in Penrhyn Llŷn.  Hope that we will have a greener future for the next generation.  Wind is a valuable resource in Llŷn and it should be put to use.

5. Assessment of the material planning considerations:

Principle and policy context:

5.1 Technical Advice Note 8: Renewable Energy (2005) considers the contribution of wind turbines for generating electricity to be a national requirement and is one of the principal aims of the Welsh Government’s energy policy. The Welsh Government is of the opinion that wind power offers the greatest potential, in the short term, to increase electricity generated from renewable sources.

5.2 TAN 8 also notes that there is a need to ensure that developments do not affect AONBs or National Parks. However, it also notes that small-scale or community or domestic based developments could be acceptable dependent on all other material planning considerations.

5.3 No Strategic Search Areas have been identified within Gwynedd due to the proximity of national designated areas such as Snowdonia National Park and the AONB. Therefore, any development must be assessed on the basis of policy C26 which deals specifically with wind turbine developments, as well as the other relevant planning policies of the Unitary Development Plan. Policy C26 restricts wind turbine developments to small-scale, community or domestic based schemes. The policy explanation describes community or small-scale wind turbine developments as developments with the capacity to generate less than 5MW.

5.4 The local planning authority is supportive in principle of plans to generate renewable energy with wind turbines, subject to consideration of all relevant planning issues. As noted above, a number of policies within the Gwynedd Unitary Development Plan are relevant when determining the application. The main policy to consider in assessing the principle of the development is policy C26 of the UDP which is discussed below.

5.5 This is an application for two wind turbines measuring 26.6m to the tip of the blade, therefore Policy C26 and Strategic Policy 9 are relevant.

5.6 Policy C26 of the Development Plan relates to ‘Wind Turbine Developments’ and states that ‘proposals for wind turbine developments within the Llŷn AONB will be refused. In other locations, only proposals for small-scale or community or domestic based wind turbine developments will be approved, provided that all of the noted criteria are met. The criteria state:

1) that the development would not have a significant detrimental impact on the setting of the Llŷn or Anglesey AONBs or the Snowdonia National Park; 2) that any associated ancillary developments…are designed and, where possible, sited so as to alleviate their potential visual impact; 3) that the development (either individually or combined with other wind turbine developments) will not have a significant detrimental impact on the landscape or nature conservation features; 4) that there are no unacceptable potential environmental impacts or effects on amenity arising from the wind turbines including noise, light reflection and shadow flicker; 5) that the development will not create significant electromagnetic interference to existing transmitting or receiving systems that cannot be adequately mitigated; 6) that adequate provision has been included in the scheme regarding the decommissioning…, restoration and after-care of the land…; 7) that the development will not cause significant harm to areas of archaeological importance, particularly within or near designated areas.

5.7 In this context, it is considered that all the criteria of policy C26 are relevant and they are addressed below, along with other material planning policies.

5.8 The character and nature of the landscape is defined by LANDMAP work (Countryside Council for Wales). From a LANDMAP visual and sensory landscape aspect, the site of the application is located within the north-west plateau of Llŷn. Briefly, the LANDMAP assessment of the area states that the area is of moderate value from a visual and sensory landscape aspect, and notes that it consists of rolling farm land with some views of the coast which adds to the sense of place as a whole. The application site is also relatively close to the LANDMAP visual and sensory landscape of Mynydd Rhiw and Afon Daron. From a LANDMAP perspective, the landscape of Mynydd Rhiw is deemed to be of a high standard whilst the Afon Daron area is deemed to be of a medium standard. In terms of historic landscape, it is deemed to be of a high quality and an example of a distinct and strong landscape which is dominated by the patterns of the fields and large gentry houses. In the justification for affording a high evaluation to the area, it is noted that it is of national significance for the features referred to previously.

The main matters of this application are the impact of the proposed development on:

a) Visual Amenities

Nature of the structure and the nature and character of the landscape

5.9 The nature of the structures is fairly simple; the turbines would measure 26.6 metres high to the tip of the blades.

5.10 The proposal is not considered to be a ‘building’ as noted in Policy B22 ‘Building Design’, but it is considered a ‘structure’ and in this context it is believed that consideration must be afforded to the criteria relating to the visual impact mentioned in Policy B22. Policy B22 requires that a proposal respects the site and its surroundings in terms of scale, size, form and location and also requires that a proposal does not have an unacceptable detrimental impact on the form and character of the surrounding landscape, or on the local natural or historic environment. Policy B22 also states that a proposal should not have an unacceptable detrimental effect on prominent public views into, out of or across the open countryside.

5.11 This is supported by criterion 3 of Policy C26 which states that the development should not have a significant detrimental impact on the landscape.

5.12 The LANDMAP ‘Visual and Sensory’ assessment states that the area has a moderate standard of character. The site is described as a large area of plateau which contains the majority of north-west Llŷn from to Aberdaron. It has an undulating land form varying from 20m to 170m AOD which generally looks to the north-west. The site in question is agricultural land with medium-sized fields bounded by a mixture of hedges and post and wire fencing with conifer plantations and areas of gorse shrubs, especially near the coast. The agricultural land is crossed by a network of small lanes which are quiet and are often bounded by hedges and which connect the farms and small dispersed villages. It is also noted that there are often attractive views from the sites above the coast but otherwise there are no defined qualities to justify anything more than local significance.

Llŷn Area of Outstanding Natural Beauty

5.13 The aim of the AONB designation is to safeguard, maintain and enhance the AONB. Policy B8 notes that development proposals that would ‘cause significant harm to the area’s landscape (including views into and out of the area)…, historic remains and buildings…, and its quiet, unpolluted nature will be refused unless in very exceptional circumstances that a proven significant national economic or social need has been established; that consideration has been given to the cost and scope of providing the development outside the area or of meeting the need for it in some other way; that consideration has been given to limiting any detrimental effect on the area’s character and that measures to attain this have been included as part of the application’. It will also be ‘necessary to show that detailed consideration has been given to the character of the area in every development proposal…’

5.14 The application site is not located within the AONB. However, the AONB is located approximately 700 metres to the east of the site and the AONB is also further away to the south. Therefore, the AONB landscape is within a visible distance from the site, thus in the same way the site would be visible from parts of the AONB. Due to the close relationship of the site with the AONB and the fact that the site is visible from the AONB and vice versa, the application must be considered in the context of Policy B8 and whether or not the proposal safeguards, maintains or enhances the AONB.

5.15 The application site is located in a more expansive part of the landscape which is relatively flat and has the form of a basin with the higher land of Mynydd Rhiw to the east and then elevated land in the vicinity of Mynydd Ystum to the west. As part of the application, a Landscape and Visual Impact Assessment (LVIA) was prepared in order to assess the landscape and visual impact of the proposal. In respect of the AONB, the LVIA concludes that the proposal would have very little impact on the landscape character of the AONB given the presence of the two existing masts on Mynydd Rhiw within the AONB. Visually, the LVIA notes that the presence of the radio tower (50 metres high) on the top of Mynydd Rhiw, as well as the smaller mast from the south of this point in Pen y Gylfinhir demonstrate how a static vertical element can be accommodated in the AONB itself. In terms of views out of the AONB, the proposed turbines would be seen mainly from the higher land from west- facing footpaths on Mynydd Rhiw and Clip y Gylfinhir. The LVIA assesses the visual impact of the proposal on different people e.g. pedestrians using public footpaths, minor roads, drivers using minor roads. In terms of the visual impact of the proposal on these different users, it is considered that the impact would vary e.g. a moderate detrimental impact on pedestrians using public footpaths, a minor detrimental impact on drivers using local roads and a minor to moderate detrimental impact on pedestrians using the same local roads network. Therefore, in terms of people using the AONB the LVIA concludes that the visual impact of the proposal would vary, depending on the activity taking place as some types of users are more sensitive than others. In the conclusions of the LVIA report, it is noted that there would be very little detrimental impact on the character of the surrounding landscape of the AONB and that the presence of two existing masts on Mynydd Rhiw within the AONB demonstrates how vertical elements within the landscape could be accommodated and accepted. It is anticipated that the moderate sensitivity of the landscape can accommodate the proposal locally. Overall, having considered all factors, and not only referring to the impact on the AONB, the LVIA concludes in assessing both the landscape and visual impact together that the proposal would have a moderate detrimental impact and that in time this would be reduced by the acceptance of the two turbines in the landscape setting and extra movement in an otherwise peaceful landscape. It should be noted that the LVIA was prepared when the previous application was submitted for two turbines on the site, namely application C12/0419/30/LL, which was for two turbines measuring 34.2 metres to the tip of the blade. As an addition to the current application, a letter was received from Capita Symonds in addition to the LVIA noting that a reduction in the size of the turbines (approximately 30%) would reduce the potential visual impact of the proposal on the receptors affected and the character of the surrounding landscape. Also, as one of the turbines has been moved to be slightly further down the field in a less elevated location this would also reduce the visual impact of the proposal on nearby receptors and also in the context of the wider landscape. As with their LVIA assessment in January 2012, their conclusions remain general and still predict a moderate detrimental impact when considering both landscape and visual impact.

5.16 As the proposal is located fairly close to the AONB, the proposal was consulted upon with the AONB Unit. The observations of the AONB Unit conclude that two wind turbines would be significantly higher than any other structure in the adjacent area, with the exception of masts on Mynydd Rhiw and the fact that the wind turbine blades turn which means that the visual impact would be greater than that of a static structure. Due to their size and location, the turbines would be visible from the AONB and prominent on the landscape from a number of nearby public areas, including public footpaths. Although the revised application is for smaller turbines than those in the original application, there is still concern that the proposed development would have a detrimental impact on the rural and natural character of this part of the Llŷn landscape and the associated views – and this being in close proximity to the AONB boundary which is a nationally protected landscape.

5.17 The Countryside Council for Wales (now Natural Resources Wales) state in their observations that due to the scale of the proposal, it is unlikely to have a significant detrimental impact on the special integrity and quality of the AONB.

5.18 Criterion 1 of Policy C26 states that the development would not have a significant detrimental impact on the setting of the Llŷn or Anglesey AONBs or the Snowdonia National Park. As seen in the LVIA that was prepared, it is believed that the proposal would have a moderate detrimental impact and not a significant detrimental impact. Also, in terms of the landscape character the LVIA concludes that the proposal would have very little impact on the landscape character of the AONB. There is also a reference to the presence of masts on Mynydd Rhiw, within the AONB, and that this demonstrates how a vertical element can be accommodated in the AONB itself. The Countryside Council for Wales (Natural Resources Wales) also state that the proposal is unlikely to have a significant detrimental impact on the special integrity and quality of the AONB. Structures of this size will be visible in the landscape as the turbines are 26.6 metres high and it is not easy to mitigate this except for the turbine colour. Due to the fairly open nature of the landscape in this part, it is considered that the proposal would be visible from public areas e.g. roads, public footpaths. However, as previously explained, the shape of the landscape in this part is some type of basin with more flat land surrounded by higher lands, and therefore it is considered that the impact of the proposal would be more restricted to the local area than anywhere else. Following a site visit and examining the photomontages, it is considered that the proposal would not attract attention and that the turbines would be set against a backdrop of land rather than being on the horizon. In addition, there are other vertical structures in the landscape e.g. masts, electricity pylons. Also, the application site would only form a small part of broader scenery and as recognised by the LVIA, it is likely over time that the impact of the proposal will decrease as people become familiar with the structures in the landscape. In light of the above assessment, it is not considered that the proposal would have a substantial or significant detrimental impact on the AONB, including on views into and out of it. Therefore, it is considered that the proposal is acceptable in terms of Policy B8 and criterion 1 of Policy C26 of the GUDP.

Landscape Conservation Area 5.19 The site is located within a Landscape Conservation Area. As explained above, it appears that a moderate detrimental impact is anticipated from the proposal and therefore it is not considered that the proposal would have a significant impact on the landscape. Following a site visit and examination of the photomontages, it is not considered that the proposal would draw attention and that the turbines would be set against a backdrop of land rather than set on the horizon. Examples of vertical structures can be seen in the landscape. It is likely that the greatest impact of the proposal would be locally and that there would not be a detrimental impact on the broader landscape conservation area. Therefore, it is considered that the proposal is acceptable in relation to Policy B10 of the GUDP.

Sites of Archaeological Importance and Scheduled Ancient Monuments

5.20 Policy B7 relates to ‘Sites of Archaeological Importance’ and requires the refusal of proposals which will damage or destroy archaeological remains which are of national importance … or their setting. A Cultural Heritage Assessment was submitted with the application. This assessment refers to listed buildings, scheduled ancient monuments and listed parks and gardens. This assessment concludes that the site contains no known archaeological items of interest, and that there will be no significant impact on designated cultural heritage features.

5.21 CADW lists 11 ancient monuments in the vicinity of the site. No specific document was submitted as part of the application in respect of the impact of the proposed turbines on the ancient monuments in the vicinity of the proposed development. CADW deems that some consideration should have been given to the impact of the proposal on the setting of the ancient monuments in the vicinity. However, CADW has reviewed the information in the application and has visited the site and they have no serious concerns regarding the application. They consider the size of the turbines to be relatively small, positioned within an area of lowland. CADW does not consider that the turbines would disrupt the skyline above any of the ancient monuments and the turbines are not located within close proximity of any of the monuments. The ancient monuments in the area would in fact overlook the turbines and the turbines would be set against the backdrop of the surrounding agricultural landscape; therefore CADW does not consider that their presence would be too obtrusive. Although they recognise that the turbines would represent an unfortunate addition to the pastoral landscape, they would not have a harmful impact on the setting of the scheduled ancient monuments in the vicinity.

5.22 No observations were received from the Gwynedd Archaeological Service.

5.23 As seen from the observations, CADW has referred to the lack of a specific document to assess the impact of the proposed turbines on the scheduled ancient monuments. Despite this, CADW does not consider that the proposal would have a detrimental impact on the setting of the scheduled ancient monuments in the vicinity. Therefore, in light of these observations, it is believed that the proposal is acceptable in respect of Policy B7, Strategic Policy 3 and criterion 7 of Policy C26. Landscapes, Parks and Gardens of Historic Interest

5.24 Policy B12 deals with ‘Protecting Historic Landscapes, Parks and Gardens’ and states that proposals within or adjacent to sites visible from a park or garden noted will be refused ... and if they cause significant harm to their character, appearance or setting. Consideration is also given to information on the historic landscapes noted in Part 2 of the Register, where the impact of proposals that are of such scale and magnitude that their impact would extend beyond the local area, is assessed.

5.25 The site is within the boundary of a Landscape of Historic Interest in Wales – Llŷn and Bardsey. The Plas yn Rhiw historic park and garden is in the vicinity.

5.26 Cadw’s observations state that the proposal lies in the vicinity of the Plas yn Rhiw historic park and garden which is contained in the Register of Historic Parks and Gardens in Wales, but state that the proposed development would not be visible from Plas yn Rhiw and therefore would not impact on its setting.

5.27 Furthermore, Cadw states that the proposed development lies within the Registered Historic Landscape of Llŷn and Bardsey Island. It is Cadw’s opinion that the proposed turbines would not pose a greater than local impact on the historic and visual character of the Registered Historic Landscape of Llŷn and Bardsey Island, where they would be located. Both turbines would be medium-sized and would be located in the rural landscape of the Llŷn Peninsula on low lying land between two hillocks, Mynydd Ystum to the west and Mynydd Rhiw to the east. They would therefore be visually recessive in the broader landscape and would not be prominent skyline landmarks in the landscape of low lying features such as cottages, farms, farm buildings and field walls. Cadw agrees with the results of the Landscape and Visual Impact Assessment (LVIA) that their overall visual impact would be detrimental on a minimal to medium level, but significantly detrimental within a distance of 1km. Therefore, the overall detrimental impact on the character of the historic landscape would not be substantial.

5.28 In their observations, the Countryside Council for Wales (Natural Resources Wales) have also referred to the fact that the site is located within the Llŷn Landscape of Historic Interest. In light of the scale of the proposal, the Countryside Council believes that the proposal is unlikely to have a significant detrimental impact on the Llŷn and Bardsey Island Landscape of Historic Interest. Although they consider that any significant landscape impact on the designated site is unlikely, they also state that there is potential for an impact on local and/or regional interests.

5.29 Bardsey Island itself is located approximately 10km from the site. Although it is possible that the site could be seen from Mynydd Enlli, this would be from quite a distance with landscape features in between. It is likely due to the size and colour of the turbines, and the need for very clear weather, that what could be seen would be insignificant and would not have a substantial impact. As seen also from the observations above, it is considered that the greatest impact would be more localised within a distance of about 1km of the site.

5.30 Cadw does not consider that the proposal will affect the setting of the Plas yn Rhiw historic park and garden as the turbines would not be visible from that area. Therefore, it is not considered that the proposal would have a significant negative impact on the setting and appearance of the historic park and garden. In respect of the registered historic landscape, Cadw refers to the potential for significant harm locally within a distance of 1 km but they agree with the LVIA conclusions that the visible impact on the whole Landscape of Special Historic Interest would be small to moderate. The observations of the Countryside Council for Wales (Natural Resources Wales) endorse this to a degree. Cadw therefore considers that there will be no significant impact on the character of the historic landscape. Policy B12 asks for assessing the impact of proposals that are of such a scale and magnitude as to have more than a local impact. From the observations received from Cadw, it is considered that the proposal would have a local impact on the Landscape of Special Historic Interest; therefore its impact would not extend beyond the local area. It is therefore considered that the proposal is acceptable in terms of Policy B12.

Listed Buildings and Conservation Areas

5.31 There are a number of listed buildings in the vicinity of the site. In this context, Policy B3 of the UDP is relevant and relates to the impact on the setting of listed buildings. Due to the location of the proposal, it is not considered that there would be significant damage to the appearance or setting of the listed buildings. It is considered that the proposal is acceptable in terms of Policy B3 of the UDP. b) General and residential amenities

5.32 Policy B23 requests that proposals that would cause significant harm to the amenities of the local neighbourhood are refused, and to this end, it is important to ensure that the impact of new developments on the quality and character of the surrounding environment is assessed. Similarly, Policy B33 requires that proposals are refused if they ‘cause significant harm to the quality of health, safety or human amenities...due to higher levels of pollution...noise...if they cannot be controlled sufficiently through planning conditions.’

5.33 The nearest residential property apart from the applicant’s property is approximately 240m away from the application site, and there are other dispersed houses around the area. Since submitting the application, the turbines have been changed from Vestas turbines which measured 16.5 metres to the hub and 25 metres to the tip of the blade to Harbon turbines which measure 18 metres to the hub and 26.6 metres to the tip of the blade. This change was mainly made due to problems in terms of ensuring that there was no noise impact on nearby houses. After changing the turbines to the current type, a further noise assessment was received as part of the application and the Public Protection Unit was consulted further. The observations of the Public Protection Unit concluded that they accepted the conclusions of the document Blue Tree Acoustics: Noise Assessment Report for Proposed Installation of Two Wind Turbines at Bodrydd, Gwynedd, Wales Ref: 1526.23/3, dated 8 February 2013 regarding the likely noise impact emanating from the development. Therefore, the Public Protection Unit now recommends that the application is granted permission but that conditions are imposed on any permission in order to safeguard local residents from the impact of unreasonable noise emanating from the wind turbines. In addition to this, and because of the size and distance of the proposed turbines from the nearest houses it is not believed that there will be any disturbance from shadow casting.

5.34 Based on the above, the proposal is considered acceptable in terms of Policy B23, B33 and also Criterion 4 of Policy C26 which relates to noise, light reflection and shadows. c) Biodiversity Matters

5.35 An Ecological Assessment was received with the application. The observations of the Biodiversity Unit state that the survey and report have been undertaken to a moderately acceptable standard and that the proposal would not lead to the loss of valuable habitats. They also state that the turbines are unlikely to have an impact on the local bats and birds populations and that there were no biodiversity concerns regarding the proposal. Observations were also received from the Countryside Council for Wales (Natural Resources Wales) which conclude that the proposal would not directly or indirectly affect the features, practicality or integrity of any protected statutory sites of ecological, geological or geomorphologic interest. The Countryside Council for Wales (Natural Resources Wales) did not have records of any protected statutory species which existed in the area, and given the location of the turbines they consider that the proposal will not be detrimental to maintaining the favourable conservation status of any protected population or species.

5.36 On these grounds, it is not considered that the turbines are likely to affect any protected species or their habitats; therefore it is not considered that the proposal is contrary to Policy B20 of the Development Plan. Furthermore, the proposal therefore satisfies the second part of Criterion 3 of Policy C26 of the Development Plan, as the development will not have a significant detrimental impact on nature conservation features. ch) Transport and Access Matters

5.37 From the information submitted with the application, it is understood that the proposal will not affect existing roads around the farm and that no special access for the turbines would be required. It is noted that the access road to the site and the entrance are sufficient for the development. It is intended to deliver the turbines to the site on a lorry. The Transportation Unit was consulted but no response was received. However, it is not considered that the proposal would have a detrimental impact on road safety and that transport matters would only be restricted to the development period and the decommissioning period (if approved). It is considered that the proposal is acceptable in terms of Policy CH33 of the GUDP.

6. Conclusions:

6.1 Due to the nature of these types of development it is very difficult to integrate them into the landscape. It is therefore necessary to carefully weigh up any impact on the landscape against economic benefits along with the national aim of promoting developments that generate renewable energy. In order to alleviate the effect of the turbines on the landscape it is believed that a condition to ensure that the turbine is of a dull grey colour is suitable and relevant, and this will ensure that it blends in better with its background. Consideration has been given to the fact that the site is within approximately 700m of the boundary of the Llŷn AONB, the Registered Historic Landscape of Llŷn and Bardsey Island and is within a Landscape Conservation Area. The LANDMAP assessment of the area notes that the landscape of the application site is of medium value and that there are examples of vertical structures in the landscape. It is not believed that the proposal would draw attention as the views would mainly be set against a backdrop of land, and a suitable colour would help it blend in with the landscape. In terms of the impact of the proposal on views out of the AONB, it is likely that it would be visible from elevated ground within the AONB which would be set against a background of lands outside the AONB. The LVIA that was prepared for the proposal concludes that a moderate detrimental impact is anticipated for the proposal. Cadw’s observations note that they agree with the LVIA conclusions and that the entire visual impact would be minor to moderate, but significantly detrimental within a distance of 1km, therefore the overall detrimental impact on the character of the historic landscape would not be significant. 6.2 Due to concerns about the cumulative nature of this kind of development within one specific area, it is also deemed suitable and appropriate to impose a condition on the permission to commence work within 2 years. This will enable the Local Planning Authority to better assess the cumulative effect and enable it to determine what is likely or not likely to be developed within a relatively short (but reasonable) period.

6.3 Having considered all the policies and relevant planning matters it is not believed that the development will have a significant negative effect on the landscape or on the nearby AONB, and in the context of national policies relating to renewable energy and local policies relating to the landscape, amenities and renewable energy it is not believed that the proposal is contrary to these relevant policies.

7. Recommendation:

To approve –

1. Commence work within two years. 2. In accordance with the plans 3. Colour 4. Noise 5. Decommissioning 6. Agree on a method of connecting to the grid underground.

Number: 3

Application Number: C13/0165/40/LL Date Registered: 21/02/2013 Application Type: Full - Planning Community: Llannor Ward: Efailnewydd/Buan

Proposal: CONSTRUCTION OF A 80KW WIND TURBINE ON A 30 METRE MONOPOLE MAST AND MEASURING 39 METRES HIGH TO TIP OF BLADE. Location: LAND BY, TŶ'N LÔN, LÔN BODUAN, EFAILNEWYDD, PWLLHELI, GWYNEDD, LL535TR.

Summary of the TO REFUSE Recommendation:

1. Description:

1.1 The application involves erecting one 80kw wind turbine on a 30 metre monopole mast and with a height of 39 metres to the tip of the blades. It is proposed to install a turbine that has two blades and the base of the turbine would measure approximately 1 metre wide. The turbine would be a dull grey colour and it would have been partially weathered before being delivered at the site but it would weather entirely within some 3-4 months of its installation on the site.

1.2 The site is located approximately 260 metres to the south west of the A497 which is a class 1 road. Access is gained to the site from this road. The site is located within a Landscape Conservation Area and within the Llŷn and Bardsey Island Landscape of Outstanding Historic Interest. The Llŷn Area of Outstanding Natural Beauty boundary is located approximately 3.9km to the north-west, 4.3km to the west and 3.3km to the south. The registered park and gardens of Bodegroes are approximately 900 metres to the south east and the registered park and gardens of Boduan are approximately 2.3km to the north-west. The Cefn Mine Grade II listed building is located approximately 0.4m to the west. The site is surrounded by a mixture of dispersed houses, farms and businesses. The nearest residential dwelling to the site is approximately 310 metres away.

1.3 Several documents have been submitted as part of the application, including an Ecological Assessment, an Environmental Assessment, a Landscape and Visual Impact Assessment, a Noise Assessment and photomontages.

1.4 The proposal has been screened for an Environmental Impact Assessment under the Town and Country Planning (Environmental Impact Assessment) (Wales and England) Regulations 1999 (as amended). Having assessed the likely impact of the proposal using the relevant criteria in columns 2 and 3, as well as the guidelines in the Welsh Office Circular 11/99, it is considered that the impact of the development on the environment is insufficient to justify submitting an environmental statement 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. 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 it, and new developments in historic areas will be expected to conform to particularly high design standards which will maintain or improve their special character.

Strategic Policy 9 – Energy. Development proposals to provide energy from renewable sources will be approved provided they do not significantly harm the environment or the amenities of nearby residents.

POLICY B3 – DEVELOPMENTS AFFECTING THE SETTING OF LISTED BUILDINGS Ensure that proposals have no impact on the setting of Listed Buildings and that they conform to a series 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 of national importance (whether scheduled 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 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.

POLICY B10 – PROTECT AND ENHANCE LANDSCAPE CONSERVATION AREAS Protect and enhance Landscape Conservation Areas by ensuring that proposals conform to a series of criteria aimed at avoiding significant harm to recognised features.

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 B15 – PROTECTION OF NATURE CONSERVATION SITES OF INTERNATIONAL SIGNIFICANCE - Refuse proposals which are likely to cause significant damage to nature conservation sites of international significance unless they conform to a series of criteria aimed at managing, enhancing and safeguarding the recognised features of such sites.

POLICY B16 – PROTECTING NATIONALLY IMPORTANT NATURE CONSERVATION SITES - Refuse proposals which are likely to cause significant harm to nature conservation sites of national significance unless they conform to a series of criteria aimed at protecting, enhancing and managing the recognised features of the sites.

POLICY B20 – SPECIES AND THEIR HABITATS THAT ARE INTERNATIONALLY AND NATIONALLY IMPORTANT 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 B33 – DEVELOPMENT THAT CREATES POLLUTION OR NUISANCE Protect human amenities, the quality of public health and the natural or built environment from high levels of pollution.

POLICY C26 – WIND TURBINE DEVELOPMENTS Proposals for wind turbine developments on sites within the Llŷn AONB will be refused. In other locations, only proposals for small-scale or community or domestic based wind turbine developments will be approved provided that a series of criteria can be met which relate to the effect on the visual quality of the landscape and environmental and social factors.

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.

Supplementary Planning Guidance: Onshore Wind Energy (Public Consultation – Draft Version, December 2012)

2.3 NationalPolicies: Planning Policy Wales (Edition 5, February 2012), Heading 5 – Conserving and Improving Natural Heritage and the Coast.

Planning Policy Wales (Edition 5, February 2012), Heading 13 – Minimising and Managing Environmental Risks and Pollution.

Technical Advice Note 8: Renewable Energy (2005) LANDMAP

LANDMAP Information Guidance Note, Countryside Council for Wales, Number 3 – ‘Using LANDMAP and Visual Assessment of Onshore Wind Turbines’ (June 2010).

The Welsh Office Circular 60/96 – ‘Planning and the Historic Environment – Archaeology’ (December 1996).

The Welsh Office Circular 61/96 – ‘Planning and the Historic Environment: Listed Buildings and Conservation Areas’.

A Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales, CADW 1998.

Section 85 of the Countryside and Rights of Way Act 2000 which requires Local Authorities to address the aim of safeguarding and enhancing the natural beauty of the AONB.

3. Relevant Planning History:

3.1 The application has no relevant planning history.

4. Consultations: Community/Town Council: To refuse – the development is too close to houses in the villages of Efailnewydd and Llannor, noise and visibility concerns. Transportation Unit: No objection – the documents submitted show that it is possible to build and transport the turbine to the site using standard vehicles of normal size. As a result, the proposal is unlikely to have a detrimental impact on the local roads network, therefore there is no objection to the proposal. Welsh Water: No observations. CADW: The following advice only refers to those aspects of the proposal that fall within CADW’s remit as consultees on planning applications – which are the effect of developments on scheduled ancient monuments or on Registered Historic Landscapes, Parks and Gardens. Our observations do not relate to any possible impact on the setting of any listed building, which is a matter specifically for your authority. These observations are offered without prejudicing the Welsh Government’s consideration of the matter, were it submitted formally to the Welsh Government for a decision.

The proposed development is located within a 5km buffer to the following scheduled ancient monuments known as:

CN009 – Garn Boduan CN096 – Tŷ Newydd Motte and Bailey Castle CN097 – Tirgwyn Standing Stones CN279 – A group of enclosed huts in Clogwyn Bach

The nearest of these monuments, the Tŷ Newydd Motte and Bailey Castle, is approximately 2km away. On a recent visit to the monument, it was found that it would be screened from any views by the nearby woodland.

Based on the information submitted, CADW has no concerns in relation to the development as there is no harmful impact on the setting of any scheduled ancient monument.

The proposal is located within a 5km buffer to the historic park and gardens known as ‘Plas Bodegroes’ and ‘Boduan’ which are included on the Register of Historic Parks and Gardens in Wales.

The Welsh Government’s policies towards protecting the historic environment have been set out in paragraph 6.5.25 in chapter 6 of Planning Policy Wales and advises that local planning authorities should safeguard parks and gardens and their locations if they are included in the first part of the ‘Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales’.

Gwynedd Archaeological The application site is located within the Llŷn and Bardsey Island Planning Service: Landscape of Outstanding Historic Interest. The designation is mainly involved with the depth, diversity and quality of the peninsula’s archaeological resources, including its buried remains and historic field patterns. The proposed wind energy development does not appear to be of a scale that would have a material impact on the significance of the registered landscape, however there is potential for an archaeological impact. Recorded archaeological evidence in the site’s surroundings includes a cemetery from the , two locks from the late prehistoric / Romano-British age, a medieval mill and the Grade II Registered Historic Park and Gardens of Plas Bodegroes from the 18th century. It is likely that there are further archaeological features - especially from Roman and prehistoric times - in the form of buried remains in the area. The proposed turbine and associated infrastructure have a relatively small footprint, but it extends across approximately 420 metres of previously undisturbed land. There is potential to discover buried archaeological evidence during land work associated with the base of the turbine, underground cables and the access track. It is recommended to impose a condition in terms of undertaking an archaeological work programme before commencing the work. Natural Resources Wales: It was noted that the specification of the proposed turbine has been changed from a 46m turbine at its highest to that of a 39m one. After reviewing the amended proposal, Natural Resources Wales objects the proposal. As explained in their original letter dated 17 May 2013 in response to the application, they are still of the opinion that the proposal will have a substantial impact on the Llŷn and Bardsey Island Registered Landscape of Historic Interest.

Protected Landscapes The application site is located within the Llŷn and Bardsey Island Registered Landscape of Historic Interest. The Llŷn and Bardsey Island Registered Landscape of Historic Interest has been designated on the grounds of its vast, historic and unusual parkland, and change could affect it very easily. Although this is not a statutory designation, Chapter 6 of Planning Policy Wales states that it should be a relevant consideration in the planning process and that it should receive due attention. Due to the quality of the cultural landscape, the application site is also located in an area identified by LANDMAP as exceptional. The Llŷn Area of Outstanding Natural Beauty lies approximately 3km to the east of the site intended for development. The Authority is reminded of its duty under Section 85 of the Countryside and Rights of Way Act 2000 to ‘consider the purpose of retaining and enriching the natural beauty of the Area of Outstanding Natural Beauty’. As previously mentioned in their response dated 17 May 2013, although they acknowledge that a Landscape and Visual Impact Assessment forms a background to the application, the materials submitted do not include a Zone of Theoretical Visibility (a radius of 10km) which would be a means of identifying the distance from which the proposed turbine is likely to be visible. They noted that the Landscape and Visual Impact Assessment has not been updated after reducing the height of the proposed turbine. However aside from this, Natural Resources Wales is of the opinion that a wind turbine of the proposed size (39m at its highest) in this location would substantially affect the Llŷn and Bardsey Island Registered Landscape of Historic Interest, impairing on people’s experience of this landscape, which is known for the quality of its historic features. The turbine would be an obtrusive feature for users of the A497, which is an important road and used a lot, between Nefyn and Pwllheli and the northern part of the Llŷn AONB, allowing access to many popular visitor resorts. The A497 also offers enchanting views of Llŷn’s northern backbone of hills. Nothing disturbs this view for the user at the moment. Therefore, they are still of the opinion that a turbine of the proposed size in this location would introduce a new contrasting feature, that would command attention within the Llŷn and Bardsey Island Registered Landscape of Historic Interest. They do not believe that the impact size and significance of the proposed turbine on the landscape is fully recognised in the Landscape and Visual Impact Assessment which corresponds with the application. Nevertheless, Natural Resources Wales objects to the proposed development as it would have a substantial and detrimental impact on the landscape, including the Llŷn and Bardsey Island Registered Landscape of Historic Interest. Note that they have not considered possible impacts of the development on local or regional landscape benefits. In addition to this, when assessing the potential impact of the development on matters such as the landscape, the possible cumulative impact of this wind energy development, along with others in the area, should be considered (either existing developments or ones that are currently going through the planning process).

Protected Sites The application site is located roughly 800 metres from the Llŷn Fens Special Area of Conservation (SAC) and the Rhyllech Uchaf Site of Special Scientific Interest (SSSI). It is not believed that the proposal will directly or indirectly affect the features, function or condition of the statutory protected sites.

Protected Species They have records of bats within 400 metres to the application site. The location of the turbine allows a 50m buffer zone to be maintained between the turbine and linear features, including field boundaries, woodland area and buildings, which means that no part of the turbine could disturb it. This will ensure that the development will not affect areas used by bats to roost, forage for food or commute which is in accordance with the current guidelines – Technical Advice Note 051 Natural England.

To conclude, although they acknowledge that the height of the entire turbine has been reduced from 46 metres to 39 metres, Natural Resources Wales still objects to the proposed development as it would have substantial and detrimental impacts on the landscape, including the Llŷn and Bardsey Island Registered Landscape of Historic Interest.

Scottish Power/Manweb: Not received.

AONB Unit: General The intention is to erect a wind turbine on a 30 metre high column with two blades (total height: 42 metres). A 250kW turbine of this type from WES can generate more than 560,000kWh/ of electricity a year, therefore the subject of this application is a commercial enterprise.

Location It is intended to site the turbine on agricultural land near the village of Efailnewydd. The location itself is particularly prominent in the landscape due to the nature of the land, cloddiau and hedges in the area and mature trees in the vicinity. However, the development would be visible from many locations due to its height. A part of the Llŷn Peninsula has been designated as an Area of Outstanding Natural Beauty (AONB). The AONB is a designation which has the same status as a National Park and it has been made based on landscape conservation. Areas of Beauty, such as Llŷn, are protected by national and local policies. Also, a report prepared by TACP in 1999 recommended reviewing and extending the boundary of the AONB so that it included Llŷn in its entirety (to the west of the A497, which includes the site in question). Although the site of the proposed turbine is not within the AONB, the development will be visible from some locations in the AONB, such as Garn Boduan and Garn Fadryn, due to its size and form. It would also be visible from other public areas – particularly the A497 road, public footpaths and local rural lanes. However the site is part of a Landscape Conservation Area as noted in the Gwynedd Unitary Development Plan. Also, Llŷn and Bardsey have been included on the Register of Historical Landscapes of Outstanding Importance in Wales. Policy Policy C26 deals specifically with Renewable Energy. It is noted that small-scale wind turbines can be acceptable outside the AONB, provided that a series of criteria are met. In terms of the AONB, the most relevant criterion is Number 1, namely: “that the development would not have a significantly harmful impact on the setting of the Llŷn or Anglesey AONB…”. Policy B8 of the Unitary Plan is relevant as it refers to different views into and out of the AONB. It is noted in the Policy justification: “Development on land near the Llŷn or Anglesey AONB that would be visually prominent or would have a detrimental effect on views into or out of the area will not be approved unless there are special grounds to justify it.” It is also noted: “Views into the AONB, as well as views of the area (particularly from the roads, rights of way, or other public areas) are extremely important.” In the AONB Management Plan, Policy PP5 expresses support to renewable energy initiatives that are appropriate considering the sensitivity of the AONB while Policy TP 4 notes: “To object developments that would be intrusive in the landscape, coast or seascape of the AONB...”. Also, there is a reference to the importance of protecting the views that are associated with the AONB in Aim NA2.

Landscape and Visual Assessment Measuring the visual impact of wind turbine developments is essential and studies of this kind can be of assistance to developers, officers and members. In this case, it is believed that there is a lack of analysis of relevant policies and information and there is no analysis of landscape value (specifically the AONB, the Landscape Conservation Area, the Landscape of Outstanding Historic Interest and LANDMAP). In terms of possible views, it is believed that some other locations could have been selected, but again, there is doubt regarding the accuracy of pictures and montages with every similar case in terms of conveying the real impact of this type of development on the landscape.

Conclusion The aim of creating wind energy on a small scale is to be praised because of the environmental benefits. However, there is a need to be cautious of unacceptable side-effects on the landscape and coast – in particular within, or nearby, protected landscapes such as the AONB. In this case, it is intended to install the wind turbine on a 30 metre high column in order to take advantage of the wind’s energy, and the development would be 42 metres with the blades. Although there would be some features of natural landscaping, the turbine would be substantially taller than any other structure in the local area. Because of its location and size, the development would be visible from some locations in the AONB and prominent from many nearby public areas. As the blades of the wind turbine will be turning, the visual impact will be greater than a stationary structure (and this cannot be conveyed in photographs). In addition, studies show that two-blade turbines draw more attention than three-blade turbines. There is a concern that a turbine of the size and type in question will be prominent from some locations in the Area of Outstanding Natural Beauty and other public areas and that it would have an impact on the landscape and views within a Landscape Conservation Area near the AONB.

MoD: No objection.

OFCOM: Not received.

Arqiva: No objection.

Crown Castle: Not received.

Atkins Limited: No objection.

NATS Safeguarding: No objection.

Public Protection Unit: Wind turbines have the potential to affect the amenities of local residents by generating noise in or close to nearby residential housing. Having explored this application, the nearest property to the development is at a distance of approximately 310 metres and taking into account the height, power and the level of noise generated, they are satisfied that noise does not create a grave concern in considering the application. Therefore, it is recommended that the application should be approved subject to including noise conditions as part of any approval granted. The purpose of the conditions is to safeguard local residents from the impact of unreasonable noise emanating from the wind turbines.

Senior Building Conservation Location and character Officer: The site is located approximately 0.3m to the east of the village of Efailnewydd and 0.4m to the west of a Grade II listed building known as Cefn Mine. There are several other listed buildings nearby, including Bodfel Bach to the north and Plas Bodegroes to the south east which is a Grade II listed building*. The site is also within view of the Plas Bodegroes Park which is included on the Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales and listed as a Grade II Park. Boduan Park is nearby to the north which is also a Grade II Registered Park.

Assessment The proposal to locate a 39m high wind turbine on the site creates concerns regarding the setting within the landscape. The site is fairly prominent and open, and it is believed that the turbine would be visible from afar. It is considered that the proposal would have a detrimental impact on the setting of the Cefn Mine listed building and the views from it across parkland towards the mountains beyond. Therefore, the proposal would have a detrimental impact on the setting of Cefn Mine. It is also considered that the proposal would be visible from the Plas Bodegroes historic park and that it would affect its overall setting.

Public Consultation: Notices were posted around the site and in the press, and nearby residents were informed. Following the receipt of amended details, there was a second consultation on the application and 43 objections were received to the proposal. The objections are summarised below:  Located within a Landscape of Outstanding Historic Interest and within a Landscape Conservation Area.  Impact on views into and out of the nearby AONB and on the setting of the AONB. Site visible from the AONB including the peaks of Garn Boduan and Garn Fadryn which are historic sites of importance.  Substantial visual impact on the local landscape.  A prominent, alien and strange structure in a sensitive location.  Far too high, and higher than any other local structure, which would have a detrimental impact on the surrounding landscape. Out of scale in pleasant countryside.  It is not small, it is for domestic use rather than community benefit.  A large alien structure in the midst of unspoilt open countryside.  Efailnewydd is mainly flat, therefore, this turbine would be visible in several different places.  The validity of photomontages submitted questioned.  The Llŷn Peninsula is unique as there are only seven miles from one coast to the other which means that turbines on the peninsula would be more visible here than in any other location in the country.  Cannot depend on trees and vegetation to screen views of the turbine throughout the year, if at all, considering the height of the turbine and its location in the landscape.  A medium sized development in terms of the draft SPG’s definition and about the same height as a 400kV electricity pylon.  Smaller turbines than the one in question having a substantial detrimental impact on the surrounding landscape, such as those at Castellmarch, Bodwi, Crugeran.  A cumulative impact with turbines which have been approved or are under consideration.  Affects the views from neighbouring residential houses.  The property of Cefn Mine has views towards Snowdonia and this is a very important aspect of the place.  Substantially affects the views from Cefn Mine which is a grade II listed building.  Contrary to the policies of the GUDP.  Background noise during the night is substantially less than during the day and therefore increases noise nuisance/effect of noise on neighbouring houses.  The impact of light reflection and shadows.  Ice could be hurled from the blades.  Affects human health.  The love of money is what lies at the root of wind turbine applications, and not the welfare of the environment, individuals or the community.  Turbines are not truly effective in terms of generating energy.  Causes harm to wildlife including birds and bats.  A need to request an Environmental Impact Assessment for the proposal and an assessment of this kind should be requested for any turbine taller than 15 metres.  A premature application before the Council considered the final form of the SPG.  Affects the tourism industry in the area.  Who will pay for the decommissioning of the turbines at the end of their lifespan?

A petition was received with 81 signatories. This petition is not directly related to the existing application, rather it is a petition that objects to all planning applications for turbines taller than 11 metres within the boundary and views of the Historic Landscape of Outstanding Interest, the Landscape Conservation Area, the Llŷn AONB and other sensitive landscapes. For the remainder of Gwynedd, turbines taller than 15 metres will be refused unless a public consultation is held on the outcomes of assessments of direct and indirect environmental impacts that would prove without doubt that they would pose no harmful or unacceptable impacts.

Three letters were received supporting the application on the following grounds:  This type of development should be supported.  Support in terms of reducing carbon footprint.  Supportive of the proposal as a way to diversify and supplement the income of the farm.

A petition was received with 31 signatories in support of the application. No reasons for support were included as part of the petition.

5. Assessment of the material planning considerations:

5.1 Technical Advice Note 8: Renewable Energy (2005) considers the contribution of wind turbines for generating electricity to be a national requirement and is one of the principal aims of the Welsh Government’s energy policy. The Welsh Government is of the opinion that wind power offers the greatest potential, in the short term, to increase electricity generated from renewable sources.

5.2 TAN 8 also notes that there is a need to ensure that developments do not affect AONBs or National Parks. However, it also notes that small-scale or community or domestic based developments could be acceptable subject to all other material planning considerations. 5.3 No Strategic Search Areas have been identified within Gwynedd due to the proximity of national designated areas such as Snowdonia National Park and the AONB. Therefore, any development must be assessed on the basis of policy C26 which deals specifically with wind turbine developments, as well as the other relevant planning policies of the Unitary Development Plan. Policy C26 restricts wind turbine developments to small- scale, community or domestic based schemes. The policy explanation describes community or small-scale wind turbine developments as developments with the capacity to generate less than 5MW.

5.4 The local planning authority is supportive in principle of plans to generate renewable energy with wind turbines, subject to consideration of all relevant planning issues. As noted above, a number of policies within the Gwynedd Unitary Development Plan apply in determining the application. The main policy to consider in assessing the principle of the development is policy C26 of the UDP which is discussed below.

5.5 This is an application for one wind turbine measuring 39 metres to the tip of the blade, therefore Policy C26 and Strategic Policy 9 are relevant.

5.6 Policy C26 of the Development Plan relates to ‘Wind Turbine Developments’ and states that ‘proposals for wind turbine developments within the Llŷn AONB will be refused. In other locations, only proposals for small-scale or community or domestic based wind turbine developments will be approved, provided that all of the noted criteria are met.’ The criteria state:

1) that the development would not have a significant detrimental impact on the setting of the Llŷn or Anglesey AONBs or the Snowdonia National Park; 2) that any associated ancillary developments…are designed and, where possible, sited so as to alleviate their potential visual impact; 3) that the development (either individually or combined with other wind turbine developments) will not have a significant detrimental impact on the landscape or nature conservation features; 4) that there are no unacceptable potential environmental impacts or effects on amenity arising from the wind turbines including noise, light reflection and shadow flicker; 5) that the development will not create significant electromagnetic interference to existing transmitting or receiving systems that cannot be adequately mitigated; 6) that adequate provision has been included in the scheme regarding the decommissioning…, restoration and after-care of the land…; 7) that the development will not cause significant harm to areas of archaeological importance, particularly within or near designated areas.

5.7 In this context, it is considered that all the criteria of policy C26 are relevant and they are addressed below, along with other material planning policies.

5.8 The character and nature of the landscape is defined by LANDMAP work (Countryside Council for Wales). From a LANDMAP visual and sensory landscape aspect, the site of the application is located within the Boduan plateau – centre of Llŷn. Briefly, the LANDMAP assessment states that the area is of medium value from a sensory and visual landscape aspect, and notes that it consists of pleasant, undulating farm land which is generally lacking in any notable features. It also notes that it is a setting for a broader and more interesting upland and coastal landscape. In terms of historic landscape, it is located within the lands of Parc Boduan which is assessed by LANDMAP as being of a high quality, and an example of park land located on either side of the A497. In the justification for affording a high evaluation to the area, LANDMAP notes that it is of regional importance as a distinctive park landscape. In terms of its integrity, the LANDMAP assessment refers to it as being of exceptional value because of the way the park land features have kept their cohesion.

The main matters of this application are the impact of the proposed development on:

Visual Amenities

5.9 The nature of the structure is fairly simple. The turbine would measure 39 metres to the tip of the blade.

5.10 The proposal is not considered to be a ‘building’ as noted in Policy B22 ‘Building Design’, but it is considered a ‘structure’ and in this context it is believed that consideration must be afforded to the criteria relating to the visual impact mentioned in Policy B22. Policy B22 requires that a proposal respects the site and its surroundings in terms of scale, size, form and location and also requires that a proposal does not have an unacceptable detrimental impact on the form and character of the surrounding landscape, or on the local natural or historic environment. Policy B22 also states that a proposal should not have an unacceptable detrimental effect on prominent public views into, out of or across the open countryside.

5.11 This is supported by criterion 3 of Policy C26 which states that the development should not have a significant detrimental impact on the landscape.

5.12 The LANDMAP ‘Visual and Sensory’ assessment states that the area has a moderate standard of character. It is noted overall that views are restricted to the aspect area in the form of mature land / vegetation, but elevated land with less abundant vegetation provides some views of higher areas nearby, and of the coast. It is noted that some visual features such as the built form detract somewhat from the area visually. It is generally a pleasant and peaceful landscape which allows the eye to rove over it rhythmically and leisurely.

5.13 The site lies within a Landscape Conservation Area. The boundary of the Llŷn Area of Outstanding Natural Beauty is approximately 3.9km to the north west, 4.3km to the west and 3.3km to the south, but the site itself is not contained in the AONB. The aim of the AONB designation is to safeguard, maintain and enhance the AONB. Policy B8 notes that development proposals that would ‘cause significant harm to the area’s landscape (including views into and out of the area)…, historic remains and buildings…, and its quiet, unpolluted nature will be refused unless in very exceptional circumstances that a proven significant national economic or social need has been established; that consideration has been given to the cost and scope of providing the development outside the area or of meeting the need for it in some other way; that consideration has been given to limiting any detrimental effect on the area’s character and that measures to attain this have been included as part of the application’. It will also be ‘necessary to show that detailed consideration has been given to the character of the area in every development proposal…’ Because of the type of development in question and its location in relation to the AONB, the impact of the proposal on the AONB must be considered as part of the assessment of visual amenities. 5.14 The applicant submitted a Landscape and Visual Impact Assessment as part of the application, in order to assess the effect of the proposal on the landscape. The Assessment undertaken does not give specific consideration to the effect of the proposal on designations such as the AONB, the Landscape Conservation Area or the Landscape of Historic Interest. The AONB Unit have noted in their observations that there is a lack of analysis of policies and relevant information in the Landscape and Visual Impact Assessment in reference to the AONB, the Landscape Conservation Area, the Landscape of Outstanding Historic Interest and LANDMAP. Furthermore, Natural Resources Wales in their observations state that they acknowledge that a Landscape and Visual Impact Assessment forms a background to this application, but the materials submitted do not include a Zone of Theoretical Visibility (a radius of 10km) which would be a means of identifying the distance from which the proposed turbine is likely to be visible. In response to the observations of Natural Resources Wales a revised Landscape and Visual Impact Assessment has been received. This revised Landscape and Visual Impact Assessment includes a Zone of Theoretical Visibility (a diameter of 7km). Natural Resources Wales were consulted further following the receipt of this revised document, but no response had been received at the time of preparing the agenda. Photomontages were submitted as part of the Landscape and Visual Impact Assessment, with 9 photos taken from various near and far sites. The photomontages do not include photos taken from within the AONB. Although such photographs assist in assessing such a proposal, they do not always convey the actual impact of wind turbine developments on the wider landscape, bearing in mind that the blades on a wind turbine rotate which entails a greater visual impact and different to that of a static structure.

5.15 It is intended to site the turbine on agricultural land near the village of Efailnewydd. It is not considered that the location itself is particularly prominent due to the nature of the land, and as there are mature cloddiau, hedges and trees in the vicinity. However, since the turbine is 39 metres high to the tip of the blade, a structure of this size would be visible in the landscape and it is not easy to mitigate this except for the turbine colour. The application site itself is relatively flat. There is elevated land to the east which acts as a barrier in terms of reducing the visual impact of the turbine from that direction. Towards the south, travelling on the B4415 between Efailnewydd and Pont Rhydhir, the combination of the land form and the mature hedges and cloddiau reduce the potential effect of the turbine on the landscape. It is likely that there would only be glimpses here and there of the turbine, and that it would not stand out significantly in the landscape. It is considered that the turbine would be most visible when travelling along the A497 and on the roads down from Llannor to join the A497, although it should be noted that a line of mature hedges and trees is located to the north of the site, and there are also hedges along the boundary of the A497 which would reduce the visual effect of the turbine somewhat. It is also likely that the proposal would be visible from residential housing in the vicinity. It is also likely that the proposal would be visible from higher grounds, including public spaces that are further away from the site, but the visual impact of the proposal would lessen the further one is from the site itself. Certainly, the structure would be a tall and alien feature in the landscape and it is unlikely to contribute positively to the landscape’s unique features. Although the grey-coloured finish would assist in ensuring that it blends in better with the landscape, due to the nature and size of the structure, it cannot possibly integrate and blend in completely. Because of its height, it is considered that the turbine would be an alien structure in the landscape and is therefore contrary to Policy B10 and criterion 3 of Policy C26 of the GUDP. 5.16 The boundary of the Llŷn Area of Outstanding Natural Beauty is located approximately 3.9km to the north-west, 4.3km to the west and 3.3km to the south. The observations of the AONB Unit on the application were received. These observations state that although the site of the proposed turbine is not within the AONB, due to its size and form it would be visible from some locations within the AONB such as Garn Boduan and Garn Fadryn, and that there is concern that a turbine of the size and type in question would be prominent from some areas in the AONB. Although it is likely that the turbine would be visible from some locations within the AONB, particularly from higher grounds within the AONB, it must be borne in mind that the AONB is quite a distance from the site, and consequently it is not considered that the proposal would have a significant detrimental impact on views into and out of the AONB. Therefore, it is considered that the proposal is acceptable in terms of Policy B8 and criterion 1 of Policy C26.

Matters relating to the historic environment

5.17 The key elements which contribute to the high quality of the historic landscape in LANDMAP include the fact that this area is a parkland. Although the overall quality of the historic landscape is high, the LANDMAP assessment assesses the integrity of the historic landscape in this part as being of exceptional value because of the way the parkland features have retained their cohesion, and their survival has been assessed as high as it is potentially a very fragile type of landscape. The LANDMAP assessment has also assessed the area as high-value in terms of the shortage of this type of landscape. The historic environment matters contain many aspects, including the application site being located within the Landscape of Outstanding Historic Interest of Llŷn and Bardsey, the effect on listed buildings and ancient monuments in the area and its impact on the Registered Park and Gardens of Bodegroes and Boduan.

5.18 The site is located approximately 0.4m to the east of Cefn Mine which is a Grade II listed building. Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act states that Local Planning Authorities shall have special regard to the desirability of preserving/safeguarding the setting of a listed building. Policy B3 of the GUDP relates to ‘Developments Affecting the Setting of a Listed Building’ and criterion 3 states that a proposal should ‘not cause significant harm to important views of the building and from it.’ The explanation to Policy B3 notes that the features around a listed building, either within its curtilage or beyond, very often form an integral part of its character. This is particularly true where the gardens or grounds form an integral part of the original layout/plan of the property. Particular attention should therefore be given to safeguarding the setting of listed buildings where the addition of intrusive elements or the loss of important features would be unacceptable. Cefn Mine dates from the 17th century or earlier and is listed because it is an important house originating from the 17th century, which developed through the 18th century as the gentry’s house in a small estate.

5.19 The observations of the Senior Building Conservation Officer were received regarding the proposal. Concerns were voiced regarding the setting of the turbine within the landscape, and that the proposal would have a detrimental impact on the setting of the Cefn Mine listed building and the views of it across parkland towards the mountains beyond.

5.20 The turbine would add an unpleasant mechanical feature to the landscape which forms part of the setting of the Cefn Mine listed building and where existing views out of it look over the parkland towards the mountains further on, and which therefore forms a part of its special character. At present this view/vista is not impaired or ruined by modern structures. It is also considered that the parkland around the property contributes to its setting, given that the property is listed as an example of the gentry’s house in a small estate. It is therefore considered that there is conflict with the statutory requirement to give particular consideration to preserving the setting of listed buildings, and with Policy B3 of the GUDP, which endorses the statutory requirement.

5.21 The Historic Parks and Gardens of Bodegroes a Boduan are located in the vicinity of the site, with Bodegroes located approximately 900 metres to the south-east and Boduan approximately 2.3km to the north-west. Due to the distance and the landscape between the Boduan Historic Park and Garden and the site, it is not considered that the proposal would have an impact on the setting of this historic park and gardens. However, the Bodegroes site is closer to the site, with a flatter landscape between the application site and the historic park and gardens. The observations of the Senior Building Conservation Officer were received, stating that the proposal would be visible from the Plas Bodegroes historic park and that it would affect its overall setting. Policy B12 of the GUDP states that proposals that are within or on sites that are visible from a park and garden identified and described in Part 1 of the Register of Historic Landscapes, Parks and Gardens of Special Interest in Wales will be refused if they cause significant harm to their character, appearance or setting. In the case of the current application, it is considered that the proposal would affect the setting of the historic park and gardens of Bodegroes, contrary to Policy B12 of the GUDP.

5.22 Historic landscapes are also addressed in policy B12 of the GUDP. As was previously mentioned, the site lies within the Llŷn and Bardsey Island Registered Landscape of Historic Interest. Although this is not a statutory designation, Chapter 6 of Planning Policy Wales states that it should be a relevant consideration in the planning process and that it should be afforded due attention. Observations were received from Natural Resources Wales on the application which note that this Registered Landscape has been designated based on its extensive and unusual historic parkland, which could be easily affected by change. The observations of Natural Resources Wales state an objection to the proposal, and consider that the proposal would have a significant impact on the Llŷn and Bardsey Registered Landscape of Historic Interest. Natural Resources Wales is of the opinion that a wind turbine of the proposed size (39m at its highest) at this location would have a significant impact on the Llŷn and Bardsey Island Registered Landscape of Historic Interest, affecting people’s experience of this landscape, which is recognised for the quality of its historic features. The turbine would be an obtrusive feature for users of the A497, which is an important and frequently used road, between Nefyn and Pwllheli and the northern part of the Llŷn AONB, offering access to many popular visitor resorts. The A497 also offers magical views of Llŷn’s northern backbone of hills, and at present there is nothing disrupting this view for the user. Introducing a turbine of the proposed size at this location would introduce a new contrasting feature that would command attention within the Llŷn and Bardsey Island Registered Landscape of Historic Interest.

5.23 There are also a number of scheduled ancient monuments in the site’s vicinity. Observations were received from Cadw which state that four scheduled ancient monuments are located within a 5km buffer of the proposal. The nearest of these ancient monuments is the Tŷ Newydd Motte and Bailey Castle, around 2km away. It seems that Cadw has visited this site recently, and that the ancient monument would be screened from any views by the woodland nearby, and therefore, based on the information submitted, Cadw had no concerns in relation to the development as there is no harmful effect on any scheduled ancient monument.

5.24 The observations received from the Gwynedd Archaeological Planning Service state that there is potential in undertaking the development to unearth buried archaeological evidence. This is likely when undertaking work associated with the foundations of the turbine, underground cables and the access track. They have no objection to the proposal but recommend imposing a condition in terms of undertaking a programme of archaeological work before commencing the work. As a result, it is considered that the proposal is acceptable in respect of policy B7 of the GUDP.

5.25 The features referred to above – listed buildings, scheduled ancient monuments, historic landscapes, parks and gardens all combine to form a local historic landscape of high quality and a strong character, particularly in respect of the parkland. In terms of its historical environment the area at present remains unblemished by modern structures. As part of the application the applicant submitted a Landscape and Visual Impact Assessment but this assessment does not give specific consideration to these historical aspects. In response to a request for an opinion on the effect of the proposed turbine on scheduled ancient monuments, CADW did not find any direct impact. However, the advice from CADW related to those aspects of the proposal that are part of CADW’s remit only as consultees on planning applications. Therefore, it did not consider all those aspects of the historic environment that contribute to its overall high value.

5.26 In their observations, Natural Resources Wales and the Senior Building Conservation Officer voiced concerns regarding the effect of the proposal on the setting of the Cefn Mine listed building and the Bodegroes historic park and gardens, and also the effect of the proposal on the historic landscape. Having considered all those aspects, it is considered that the proposed turbine would detract significantly from the general historical character and the existing sense of place, by adding an incompatible mechanical feature to that historic landscape. It is therefore considered that the proposal is contrary to policies B3, B12 and criterion 7 of Policy C26 of the GUDP.

General and residential amenities

5.27 Policy B23 requests that proposals that would cause significant harm to the amenities of the local neighbourhood are refused, and to this end, it is important to ensure that the impact of new developments on the quality and character of the surrounding environment is assessed. Similarly, Policy B33 requires that proposals are refused if they ‘cause significant harm to the quality of health, safety or human amenities...due to higher levels of pollution...noise...if they cannot be controlled sufficiently through planning conditions.’

5.28 The nearest residential property is approximately 310m from the application site, and there are other dispersed houses around the area. Since submitting the application, the turbines have been amended from WES250 250kw turbines which measured 30 metres to the hub and 46 metres to the tip of the blade to WES 80kw type turbines which measure 30 metres to the hub and 39 metres to the tip of the blade. This change was mainly made due to problems in terms of ensuring that there was no noise impact on nearby houses. After changing the turbines to the current type, a further noise assessment was received as part of the application and the Public Protection Unit was consulted further. The observations state that the wind turbines have the potential to affect the amenities of local residents by generating noise in or close to nearby residential housing. In the case of the current application the Public Protection Unit state that they have examined the application and that the nearest property to the development is about 310 metres away, and having considered the volume, power and level of the noise generated, they are satisfied that noise is not a huge concern in considering the application. Therefore, the Public Protection Unit now recommends that if the application is granted permission, this should be subject to imposing noise conditions to safeguard local residents from the impact of unreasonable noise emanating from the wind turbine. In addition to this, and due to the size and distance of the proposed turbine from the nearest houses, it is not believed that there will be any disturbance from shadow casting.

5.29 Based on the above, the proposal is considered to be acceptable in respect of Policy B23, B33 and also Criterion 4 of Policy C26 which relates to noise, light reflection and shadows.

Transport and Access Matters

5.30 It is understood from the information submitted with the application that the turbine would be transported to the site in a 15 metre container on a lorry, with the turbine parts being assembled on the site. It is proposed to have access to the site from the A497, and then across fields from there onwards. The Transportation Unit was consulted, and they have no objection to the proposal and state that the documents submitted show that the turbine can be constructed and transported to the site using standard vehicles of an ordinary size, and that the proposal is therefore unlikely to have a detrimental impact on the local roads network. Therefore, it is not considered that the proposal would have a detrimental impact on road safety and that transport matters would be restricted to the development period and the decommissioning period (if approved). It is considered that the proposal is acceptable in terms of Policy CH33 of the GUDP.

5.31 Although there are public footpaths in the application’s vicinity, the proposed location of the turbine does not affect the course of any path. Therefore, the proposal is not contrary to Policy CH22.

Biodiversity Matters

5.32 An Ecological Assessment was received with the application. The site is located roughly 800 metres from the Llŷn Fens Special Area of Conservation (SAC) and the Rhyllech Uchaf Site of Special Scientific Interest (SSSI). The observations of Natural Resources Wales state that it is not believed that the proposal will directly or indirectly affect the features, function or condition of these statutory protected sites. Observations were also received from Natural Resources Wales in respect of protected species. Those observations state that there are records of bats within 400 metres of the application site. The location of the turbine allows a 50m buffer zone to be maintained between the turbine and linear features, including field boundaries, woodland area and buildings, which means that no part of the turbine could disturb it. This will ensure that the development will not affect areas used by bats to roost, forage for food or commute which is in accordance with the current guidelines.

5.33 Based on the above, it is not considered that the turbine is likely to affect the SAC or the SSSI, and it is therefore considered that the proposal is acceptable in respect of policies B15 and B16 of the GUDP. It is not considered either that the turbine is likely to affect any protected species or their habitats; therefore it is not considered that the proposal is contrary to Policy B20 of the Development Plan. Furthermore, the proposal therefore satisfies the second part of Criterion 3 of Policy C26 of the Development Plan, as the development will not have a significant detrimental impact on nature conservation features.

6. Conclusions:

6.1 Due to the nature of such developments, it is very difficult to integrate them with the landscape and, therefore, when considering such applications, their visual impact, the status of the landscape, general amenities, economic benefits and the national aim of promoting developments that generate renewable energy must be taken into account.

6.2 Having weighed up the proposal in the context of the policies discussed above, assessed the likely impact of the turbine against the strategies that promote renewable energy, and having considered the arguments of the objectors, it is considered that the proposal does not meet the requirements of all the above-mentioned planning policies. It is considered that a structure which would measure 39 metres at its highest point would be a tall and alien feature within the Landscape Conservation Area designation and would not make a positive contribution to the landscape features, and not integrate with it. Although it is likely that the turbine would be visible from some locations within the AONB, particularly so from higher grounds within the AONB, it is not considered that the proposal would have a significant detrimental impact on views into and out of the AONB because of the distance between the site and the AONB.

6.3 The site is located within a historic landscape, which according to the LANDMAP assessment is of a high quality and distinctive because it is a parkland, which is a rare landscape feature. The site is located within the Llŷn and Bardsey Island Landscape of Outstanding Historic Interest, and there are listed buildings, historic parks and gardens and ancient monuments in the vicinity of the site. It is considered that the proposal would affect the setting of Cefn Mine (listed building), particularly so the views of it across the parkland towards the mountains beyond, which is a feature which contributes to the special value and setting of the property. Furthermore, it is considered that it would impact on the general setting of the historic park and gardens of Plas Bodegroes and would introduce a new and contrasting feature to the Llŷn and Bardsey Island Registered Landscape of Historic Interest. The features referred to above – listed buildings, scheduled ancient monuments, historic landscapes, parks and gardens all combine to form a local historic landscape of high quality and a strong character. Having considered all those aspects, it is considered that the proposed turbine would detract significantly from the general historical character and the existing sense of place, and would create an incompatible mechanical feature in that historic landscape. It is therefore considered that the proposal is contrary to policies B3, B12 and criterion 7 of Policy C26 of the GUDP.

7. Recommendation:

7.1 To refuse – reasons

1. It is considered that the turbine, due to its scale and location, would have a harmful impact on the setting of Cefn Mine, a grade II listed building, will have a harmful impact on the overall setting of the historic park and garden of Plas Bodegroes and will introduce a new and contrasting feature to the Llŷn and Bardsey Island Registered Landscape of Historic Interest, and therefore as a whole will detract significantly from the overall historic character and the sense of place that exists by adding an incompatible alien feature to that historic landscape. It is therefore considered that the proposal is contrary to policies B3, B12 and criterion 7 of Policy C26 of the GUDP.

2. It is considered that the proposed turbine, due to its scale and location is an incompatible and alien feature within the Landscape Conservation Area and would not make a positive contribution to the landscape features, and not integrate with it. It is therefore considered that the proposal is contrary to Policy B10 and criterion 3 of Policy C26.

Number: 4

Application Number: C13/0337/32/LL Date Registered: 16/05/2013 Application Type: Full - Planning Community: Botwnnog Ward: Botwnnog

Proposal: ERECT 50KW WIND TURBINE MEASURING 24.6M TO HUB, WITH MAXIMUM HEIGHT BEING 34.2M TO TIP OF BLADE TOGETHER WITH TRACK AND ASSOCIATED EQUIPMENT Location: TRYGARN, SARN MELLTEYRN, PWLLHELI, GWYNEDD, LL538EA

Summary TO REFUSE of the Recommendation:

1. Description:

1.1 This is an application to erect a 50kw wind turbine measuring 24.6m to the hub and measuring a total of 34.2m to the tip of the blades on Trygarn Farm on the outskirts of the village of Sarn Mellteyrn. It is a standard three-blade, white coloured turbine. The work will involve undertaking engineering work to create foundations and trenches for underground cables along with an access track to reach the structure.

1.2 The turbine would be located almost two fields away and would be approximately 25m higher in level than the Trygarn farmhouse and farm outbuildings, which is located on a slope that leads up to Mynydd Rhiw. Access is gained to the farm along an agricultural track that joins onto a class 3 rural road opposite Fferm Tyn y Coed and agricultural tracks lead to the field in question. A public footpath is also located in the vicinity of the application site, to the south-east and south-west. The proposal would be located approximately 306m away from the Trygarn property, which is a Grade II listed building. The next closest residential property is Tŷ Engan, which is located approximately 435m to the south-east and Refail Uchaf which is approximately 440m to the north.

1.3 The site is located within a Landscape Conservation Area, the Llŷn and Bardsey Island Registered Landscape of Historic Interest and is approximately 1.5km at its closest point to the Llŷn Area of Outstanding Natural Beauty. The site is also located within 1.4km to a Registered Ancient Monument on Mynydd Rhiw. There are also local nature reserves in the vicinity of the application site, namely Tyn y Coed (220m) and Coch y Foel (210m).

1.4 The proposal has been screened for an Environmental Impact Assessment under the Town and Country Planning (Environmental Impact Assessment) (Wales and England) Regulations 1999 (as amended). Having assessed the likely impact of the proposal for a 34m turbine, using the relevant criteria in columns 2 and 3, together with the guidelines of the Welsh Office Circular 11/99, it is considered that the impact of the development on the environment is insufficient to justify submitting an environmental statement with the application.

1.5 The application is submitted to the Committee as a large number of objections to the proposal have been received. 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 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 3 – BUILT AND HISTORIC HERITAGE STRATEGIC POLICY 9 – ENERGY

POLICY A1 – ENVIRONMENTAL OR OTHER IMPACT ASSESSMENTS - Ensure that sufficient information is provided with the planning application regarding any significant likely environmental or other impacts in the form of an environmental impact 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 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 series 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 B8 – AREA OF OUTSTANDING NATURAL BEAUTY - Safeguard, maintain and enhance the character of the Area of Outstanding Natural Beauty by ensuring that proposals conform to a series of criteria that aim at protecting the recognised features of the site.

POLICY B10 – PROTECT AND ENHANCE LANDSCAPE CONSERVATION AREAS - Protect and enhance Landscape Conservation Areas by ensuring that proposals conform to a series of criteria aimed at avoiding significant harm to recognised features.

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 B17 - PROTECTING SITES OF REGIONAL OR LOCAL SIGNIFICANCE Refuse proposals which are likely to cause significant harm to sites of regional or local significance unless they conform to a series of criteria aimed at protecting, promoting and managing recognised features within the sites. 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 B33 – DEVELOPMENTS THAT CREATE POLLUTION OR NUISANCE - Protect public amenities, health and the natural or built environment from high levels of pollution.

POLICY C26 – WIND TURBINE DEVELOPMENTS - Proposals for wind turbine developments within the Llŷn AONB will be refused, and in other locations only proposals for small-scale or community or domestic based wind turbine developments will be approved provided they can comply with a series of criteria. POLICY CH22 – CYCLING NETWORK, PATHS AND RIGHTS OF WAY – Protect all parts of the cycling network, paths and rights of way by assessing any proposal that would infringe on them and aim to ensure that they are satisfactorily incorporated within the development. Should this not be possible, appropriate provision will have to be made to divert the route or to provide a new and acceptable route. Proposals will also be refused if they are likely to prohibit plans to extend the cycling network, paths and rights of way unless a suitable alternative route can be provided. POLICY CH33 – SAFETY ON ROADS AND STREETS - Development proposals will be approved provided they can conform to specific criteria relating to the vehicular access, standard of the existing roads network and traffic calming measures. Planning Consideration – AONB Management Plan.

2.3 National Policies:

Planning Policy Wales (Fifth edition, November 2013) Chapter 2 – Development Plans Chapter 4 - Planning for Sustainability Chapter 5 - Conserving and Improving Natural Heritage and the Coast Chapter 12 - Infrastructure and Services Chapter 13 – Minimising and managing environmental risks and pollution Technical Advice Note (TAN) 8: Renewable Energy (2005) Technical Advice Note (TAN) 11: Noise (1997)

Landmap Information Advice Note, Countryside Council for Wales, Number 3 – Using Landmap for Visual Assessment of Onshore Wind Turbines (June 2010) A Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales, Cadw 1998. Section 85 of the Countryside and Rights of Way Act 2000 which requires Local Authorities to address the aim of safeguarding and enhancing the natural beauty of the AONB.

The Welsh Office Circular 61/96 – Planning and the Historic Environment: Historic Buildings and Conservation Areas. 3. Relevant Planning History:

3.1 9700308FUL12 - Construction of agricultural shed – Approved 17 September 1997 C12/0038/32/YA - Creation of agricultural tracks – Approved 17 February 2012 C13/0622/32/SC – Screening Opinion – Erection of wind turbine measuring 34.2m to the tip of the blades

4. Consultations:

Community/Town Council: Make a request to Gwynedd Council for the conclusion of the Environmental Impact Assessment that will include a public consultation, as the development is likely to have a significant detrimental impact on a sensitive designated landscape and as it cannot be concealed or its impact mitigated.

Transportation Unit: No objection. The Transportation Statement confirms that the turbine can be transported to the site on the back of a standard articulated lorry and that the only other heavy movements would be loads of concrete etc. As the existing track that serves the farm will be used, I assume that it is used to coping with loaded lorries travelling along it so the proposal is unlikely to have a detrimental impact on the local roads network.

Public Protection Unit: Wind turbines have the potential to affect the amenities of local residents by generating noise in or close to nearby residential housing. Having examined this application, the nearest property to the development is at a distance of approximately 395 metres and taking into account the height, power and the level of noise generated, we are satisfied that noise does not cause a grave concern in considering the application. Therefore, it is recommended, should the application be approved, that it is subject to the conditions noted. The purpose of the conditions is to safeguard local residents from the impact of unreasonable noise emanating from the wind turbine. 4 conditions have been included.

Conservation Officer: Local and National Policies Gwynedd Unitary Development Plan, Policy B3 – Developments that Affect the Setting of a Listed Building. The Welsh Office Circular 61/96 – Planning and the Historic Environment: Historic Buildings and Conservation Areas. Location and character The site is located approximately 300m to the east of Trygarn farmhouse which is a Grade II listed building. Mynydd Rhiw Registered Ancient Monument is located approximately 800m away. The site is also within view of the Llŷn Area of Outstanding Natural Beauty and within the Llŷn and Bardsey Island Registered Landscape of Outstanding Historic Interest. Assessment The proposal to locate a 34.2m high wind turbine on the site causes concern regarding the setting within the landscape. The site is relatively prominent and open and it is believed that the turbine would be visible from a distance and would affect the setting of the listed building in its entirety.

Biodiversity: The turbine and associated works are all on improved agricultural land which is of low biodiversity value. The turbine is located approximately 40m from a low hedge, but due to the relatively small size of the turbine, there are no Biodiversity concerns or observations to be made.

AONB Officer: The aim of creating wind energy on a small scale is to be praised because of the environmental benefits. However, there is a need to be cautious of unacceptable side-effects on the landscape and coast – in particular within, or nearby, protected landscapes such as the AONB. In this case, it is proposed to erect a wind turbine that will measure a total of 34.2m high to the tip of the blades. Therefore, the turbine would be of a substantial height on an open and undeveloped landscape, where only a few houses, farms and agricultural structures are located at present. Also, as the blades of the wind turbine will be turning, the visual impact will be greater than a stationary structure (and this cannot be conveyed in photographs, montages, etc.).

Because of its location and size, the development would be visible from the AONB and prominent from many nearby public areas, including the B4413, paths and narrow lanes. The existing turbine in Crugeran can be seen from a number of these locations also.

There is concern that a turbine of the size in question would be very prominent and an alien feature in the local landscape, which is of a high quality according to LANDMAP and is part of the Llŷn historic landscape. It is also believed that the development would disrupt inward and outwards viewpoints of the Llŷn Area of Outstanding Natural Beauty which is a nationally protected landscape.

Natural Resources Wales: NRW objects to the application for the proposal in question unless further information is received that shows that there will be no harmful impact. It is considered that the proposal will affect the protected landscape of Llŷn AONB (located approximately 1.5km away) and within the Llŷn and Bardsey Island Registered Landscape of Historic Interest. It is also noted that the site has been identified on LANDMAP as land of exceptional geological and cultural value.

Whilst acknowledging that computerised images have been submitted to support the application, it is not considered that the assessment or the information are sufficient to provide advice to the LPA so that it can undertake a landscape impact assessment. Further work and an evaluation of the potential impacts on the landscape and the impact on the views of the AONB and the Llŷn and Bardsey Island Registered Landscape of Historic Interest would be required. Suggest that there is a need to submit:  A landscape and visual impact assessment  Zone of Theoretical Visibility of 6km to show where the proposal will be visible and to what degree.  Photographs from more elevated land and from sensitive viewpoints are required - a wireframe would be useful.  Consideration should also be given to the cumulative impact of the development. The proposal is unlikely to affect protected species or sites.

Welsh Water: No observations or objections.

Scottish Power, UK Fuel and No objection Power Industry:

Defence Estates, Ministry of Not received Defence:

National Air Traffic Service No objection (NATS):

Arquiva (BBC and ITV No objection Network):

Ofcom: No objection

Atkins Windfarm Support: No objection

CADW: Not received

Gwynedd Archaeological The proposal has potential archaeological implications. The site is Planning Service: located within the Llŷn and Bardsey Island Registered Landscape of Historic Interest, designated because of the depth, diversity and archaeological quality of the peninsula. Although the development has a relatively small footprint, it would extend approximately 730m across undisturbed land, therefore, there is high potential of uncovering archaeological remains during the work of digging foundations and installing underground cables. Trygarn itself is a Grade II listed building dating back to the early 18th Century and it has architectural character. There is historical interest in the building also as it was the birthplace of Moses Griffith, artist to Thomas Pennant. Evidence suggests that a residence has stood on the site since the 15th Century. Therefore, there is a need to consider the impact on the listed building. Should it be approved, a condition is suggested that an archaeological mitigation programme is implemented before commencing the development to obtain an archaeological record of the turbine's footprint and a watching brief. Public Consultation: A notice was posted on site and nearby residents were informed. The advertising period ended on 27 June 2013 and 63 correspondences of objection was received. A petition was also received objecting to the application, with 81 signatures. The objections are summarised as follows: Landscape and Visual Impact  Open and elevated location, dominant and too close to the village.  Large alien structure in sensitive countryside; a building of this height would never be approved; 10 times higher than a house.  Impact on the Landscape Conservation Area  Harmful impact on unspoilt AONB views  Visible from a distance – Crugeran turbine is seen from 8km away - proves that a turbine measuring more than 11m in height is unsuitable in the Llŷn landscape.  Visual intrusion on Mynydd Rhiw – from the road between Botwnnog and Sarn.  Impact on the setting of Trygarn, a Grade II listed building - the home of a famous artist, undermines the rigid polices of CADW.  Historic Landscape of Outstanding Importance  Visible from Garn Boduan, Garn Fadryn and Rhiw which are hill-forts of national historical importance  Impact on views of the coast  Accumulative visual impact with Crugeran and Penyfoel – a windfarm would be created in Sarn  Trans-frontier impact  Approving would set a precedent for further turbines

The amenities of nearby residents  Too close to houses  Noise  The effect of shadow flicker

Roads  Close and visible from the road and public footpaths  Would be a distraction to drivers on the road

Policies  Contrary to local and national policies  The Countryside and Rights of Way Act 2000 protects the setting and views affecting the AONB; views and setting – this application does not comply with the act.

Turbines and Renewable Energy  Question the farm's energy needs  Observations about other turbines in the area

Wildlife  Effect on wildlife – no assessment of the impact on wildlife  Impact on migratory birds.

Information on the application and Planning process:  Photomontage is worthless and misleading  Landscape assessment is insufficient  Incorrect Design and Access Statement – e.g. refers to 80m pylons in the vicinity  Design and Access Statement refers to the Mynydd Rhiw Mast – a moving turbine will be much more intrusive  Technological information in relation to the power output is incorrect  No consultation with the community prior to submitting the application  More than a local impact; therefore a more extensive public consultation is required. Consultation process is insufficient.

Effect on Tourism  Draft Supplementary Planning Guidance – Onshore Wind Energy – para 3.20 and 3.21 identifies the important role of the tourism industry in Gwynedd and how the unspoilt landscape attracts tourists.  Negative impact on tourists who are attracted because of the beauty of the area and the AONB.

5. Assessment of the material planning considerations:

5.1 Principle of the development Technical Advice Note 8: Energy considers the contribution of wind turbines for generating electricity as a national requirement and is one of the principal aims of the Assembly’s energy policy. The Welsh Government is of the opinion that wind power offers the greatest potential, in the short-term, to increase electricity generated from renewable sources.

5.2 Whilst TAN 8 notes clearly that there is an implicit objective to maintain the quality of the landscape within National Parks and Areas of Outstanding Natural Beauty, Planning Policy Wales (2011) notes however, that small-scale developments or developments on a domestic scale could be appropriate in the majority of locations, provided that they are located and designed sensitively and subject to all material planning considerations.

5.3 No Strategic Search Areas have been identified within Gwynedd for large-scale wind turbine developments and, therefore, any development must be assessed on the basis of the policies in the local development plan.

5.4 The main policy to consider when assessing the principle of the development is policy C26. Any proposal should comply with seven criteria, namely: 1) that the development would not have a significant detrimental impact on the setting of the Llŷn or Anglesey AONBs or the Snowdonia National Park; 2) that any associated ancillary developments…are designed and, where possible, sited so as to alleviate their potential visual impact; 3) that the development (either individually or combined with other wind turbine developments) will not have a significant detrimental impact on the landscape or nature conservation features; 4) that there are no unacceptable potential environmental impacts or effects on amenity arising from the wind turbines including noise, light reflection and shadow flicker; 5) that the development will not create significant electromagnetic interference to existing transmitting or receiving systems that cannot be adequately mitigated; 6) that adequate provision has been included in the scheme regarding the decommissioning…, restoration and after-care of the land…; 7) that the development will not cause significant harm to areas of archaeological importance, particularly within or near designated areas.

5.5 The turbine that is the subject of this application is a 50kw turbine and would therefore fall under the definition of a small-scale turbine as it would produce less than 5MW.

5.6 Visual amenities The structure would be located on a level part of an agricultural field, which is in a relatively elevated, open and prominent location within a Landscape Conservation Area. Within 1.5m to the south-west of the site is the Llŷn Area of Outstanding Natural Beauty on part of Mynydd Rhiw, extending along the Hell's Mouth coastline up to the slopes of Garnfadryn; therefore, the AONB designation surrounds a vast part of the site from various distances. Therefore, it must be acknowledged that the site is in a sensitive location in relation to the surrounding landscape.

5.7 In terms of the nature of the landscape, the LANDMAP database identifies the location as mosaic rolling lowland with a rural character of moderate value. Policy B10 of the GUDP notes that it must be ensured that developments within the Landscape Conservation Area are located in locations, and of designs, that ensure that they integrate into the landscape. Considering the open, still and elevated nature of the site, it would be very difficult for a 34m structure of this type to integrate into the landscape, in particular from places where the structure would be visible on the skyline, such as from the Tre'r Ddôl estate located below the application site. A substantial number of objectors have expressed concern regarding the proposal's impact on the landscape and visual amenities of the area, and have noted that the structure would be dominant and overbearing and would be located too close to the village.

5.8 Due to the close relationship of the site with the AONB and the fact that the site is visible from the AONB and vice versa, the application must be considered in the context of Policy B8 and whether or not the proposal safeguards, maintains or enhances the character of the area. It can be argued that the special character of the AONB does not end with the designation itself; there is natural progression in the character of the landscape and it follows that the turbine would impact those views inward, outward and across the AONB. Due to the open nature of the topography in basin form, the structure would be a visible feature nearby and from a distance, and the existing 34m turbine in Crugeran, Sarn, is an effective indicator and gives an idea of the scale of the development, along with the Rhiw mast which measures 46m.

5.9 In addition, another application is before the Planning Authority for a similar 34m turbine on the Penyfoel hillock, Sarn, C13/0338/32/LL, which would be located approximately 2.4km away from the application site. Consequently, the LPA will need to consider the likely cumulative impact emanating from two additional turbines, bearing in mind that the existing turbine in Crugeran is located opposite the site. Whilst each application must be considered according to its own merits, it must also be ensured that there will not be an unacceptable cumulative impact from having a concentration of turbine developments relatively close together in one area.

5.10 Certainly, the proposed development would be completely visible when following the main Pen Llŷn county road, namely the B4413, which runs below the site. Vast views can be seen in the direction of Sarn, extending as far as Mynytho from this county road, and the existing turbine in Crugeran can be seen from the road. As you follow the road, the eye roves leisurely over the slopes of Mynydd Rhiw (located within the AONB) and down over the Pen y Foel hillock, which is a Landscape Conservation Area, then back over the Garnfadryn hill-fort (also within the AONB). Although the Rhiw mast (46m) is a man-made structure, it is not considered that a stationary, dark coloured mast of this type has the same visual impact as a moving, light coloured structure. An additional two tall, mobile turbines, on higher land, that would be visible in the same visual context as the Crugeran turbine would certainly draw the eye and undoubtedly, it would have a detrimental cumulative impact on views nearby and from a distance from the county road and beyond.

5.11 The AONB Officer considers that the development would disrupt views into the Llŷn AONB and out of the AONB. From locations in the AONB, either from Mynydd Rhiw or Garnfadryn, there would be unobstructed views of the proposed turbine. Two or three turbines would certainly be visible, because of their close link, thus giving the impression that they are a small windfarm. Therefore, it could be argued that the proposal would detract from the public’s experience and enjoyment of views inward and outward of the landscape of outstanding natural beauty which would undoubtedly conflict with the statutory purposes of the designation.

5.12 It is noted that the site is also located within the Llŷn and Bardsey Island Registered Landscape of Historic Interest which has been designated because of its historic landscape features and records, where remains of land activity over the ages can be found. They are identified as important landscapes, not only because of their individual monuments record, but also for their inter-relationship with the open spaces between them. The structure would be located in an open space between two important hill-forts, namely Mynydd Rhiw and Garnfadryn, and would be visible over vast panoramic views. Due to the open nature of the site, it is considered that the turbine will likely have an effect that extends beyond the locality, as it will detract from the visual inter-relationship of the Registered Historic Landscape. Therefore, it is considered that the proposal is contrary to the objectives of policy B12.

5.13 Video-tour images were submitted as part of the application, showing how the development would appear visually in the landscape, along with a few still photographs and wireframe images. These moving images are not always clear, with buildings appearing as blocks making it difficult at times to identify the locations. Care has to be taken not to place excessive emphasis on such images as they do not often convey the actual impact of the proposal on the landscape. The response of Natural Resources Wales was received to the consultation which objected to the application and stated that the video-tour images submitted were insufficient to assess the actual impact of the proposal on the landscape and the impact on the views of the AONB and the Llŷn and Bardsey Island Registered Landscape of Historic Interest. They suggest that further information should be submitted, along with further Landscape and Visual Impact assessments. The agent was told that there were concerns regarding the clarity of the video images and his attention was drawn to the observations of NRW regarding the images. No further details were submitted. The proposal was assessed based on the information submitted, and it is not considered that further images would change the recommendation, bearing in mind the open and sensitive location of the site.

5.14 After considering the above, it is deemed that the development, because of its size and elevated location, is unsuitable in such a sensitive location. The site lies within a Landscape Conservation Area and the Llŷn and Bardsey Island Registered Landscape of Historic Interest which is very close to the AONB, where adding a structure of this type would have a detrimental impact on special views inward, outward and across the AONB and on the visual and historic character of the area in its entirety. The cumulative effect would also be a concern in this case. As the planning permission would be approved for a period of 25 years, the harm would be persistent. Therefore, the proposal is contrary to policies B8, B10, B12 and C26 of the GUDP.

5.15 General and residential amenities Policy B23 requests that proposals that would cause significant harm to the amenities of the local neighbourhood are refused, and to this end, it is important to ensure that the impact of new developments on the quality and character of the surrounding environment is assessed. Policy B33 is also a consideration as it seeks to protect human amenities, health quality and the natural or built environment from high levels of pollution.

5.16 As there is a distance of 430m between the structure and the nearest houses, the Public Protection Unit did not have any concerns or objection to the application in relation to noise. In addition, national guidelines state that shadow casting from the turbine is unlikely to be a problem over distances of 180m; therefore, there is no substantial concern about such an impact on dwellings in this case. Neither is it considered that the turbine would be likely to create electromagnetic interference to existing transmitting systems, and the statutory consultees had no objection. Therefore, it is not considered that there will be any significant harmful impact on the amenities of nearby residents as a result of the application and thus the proposal would comply with the requirements of policies B23 and B33 of the GUDP.

5.17 Transport and access matters In terms of access and transport matters associated with the proposal, the Highways Unit does not object as it is possible to transport the structure to the site on the back of a standard lorry. It would be required to provide an additional track to gain convenient access to the location of the structure for the construction and maintenance work to be carried out; however, there are no concerns regarding this element. Although public footpaths are located in the vicinity of the application site, the location of the structure will not disrupt the course of any path in this case. Therefore, it is considered that the proposal is acceptable in the context of policy CH22 and CH33.

5.18 Biodiversity Matters Landmap identifies the landscape as a habitat of improved grassland of moderate quality. The land has not been designated as having any special biodiversity value, and no objection has been received from the Council’s Biodiversity Unit or from the Countryside Council for Wales. As a development of this type has only a small footprint, it is not likely to have a significant impact on the designation of the local nature reserves which are located over 200m away from the application site. Consequently, there is no concern about harming protected habitats and species as a result of the application, therefore, the proposal meets the requirements of policy B17.

5.19 Conservation and Archaeology Matters The site is located within 306m of the property of Trygarn, which is a grade II listed building. Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act states that Local Planning Authorities shall have special regard to the desirability of preserving/safeguarding the setting of a listed building. Trygarn has been listed as a special example of a house from the early 18th Century and of significant architectural interest. The property is also of historical interest as it was the birthplace of Moses Griffith. 5.20 From the direction of the B4413 near the Sarn Council housing estate, the turbine could be seen in the same visual context as the Trygarn listed building, which is on a slope, with the turbine located higher, but placed between the listed building and farm outbuildings. Due to its proximity to the property, its scale and high and dominant location on the brow of a hill above the dwelling house, it is considered that the turbine would have a detrimental impact on the setting of the Grade II listed building. The structure would appear as a mechanical and alien feature in the intrinsic setting and character of the listed building, therefore, it is considered that the proposal is contrary to policies B4 and C26 of the GUDP.

5.21 As noted already, the site is within the Llŷn and Bardsey Island Registered Landscape of Historic Interest which has a wealth of special historical landscape features. Within 1.4km to the south of the application site is the Mynydd Rhiw Stone Axe Factory and Mynydd Rhiw Burial Chambers and Round Cairns, which are all registered ancient monuments. 5km to the north-east of the application site is Garn Fadryn. The proposal would undoubtedly be very prominent from these hill-forts, and would draw attention from the inter-linked panoramic views of the area. According to the observations of the Gwynedd Archaeological Planning Service, a variety of archaeological remains have been recorded in the vicinity of the application site, including a Bronze Age settlement and cremation, medieval chapel and pre-historic artefact remains. They note that should the application be approved, that a condition is imposed to ensure that a programme of archaeological work is submitted and undertaken prior to the commencement of the work. Therefore, it is not considered that the proposal is contrary to the B7 archaeological policy in the GUDP; however, there is concern that the proposal would have a negative impact that extends further than the local area on the vast visual relationship between the hill-forts in the Llŷn and Bardsey Island Registered Landscape of Historic Interest.

5.22 Any other considerations In accordance with the Design and Access statement submitted with the application, the proposed turbine would have the potential to produce up to 240,000KW of energy annually, which would be tantamount to the use of 60 houses, on average. The energy would be used for the domestic purposes of the applicant who has a family of six and for the commercial use of the farm. The information states that the farm is adapting from beef and sheep farming to producing milk with a stock of 300 cattle and 200 calves. The farm also employs 2.5 people. It notes that the existing need of the farm is approximately 60kw per annum which is used by the milk unit. It is estimated that this will increase by 20% over the next five years. Therefore, a turbine would be beneficial to diversify farms and would assist to reduce carbon emissions and use of fuels. Any remaining energy would be exported to the grid.

5.23 A number of objectors note that there will be no community benefit from the turbine and that it would ruin the landscape of Llŷn for the benefit of the applicant only. Considering the proposal in the context of the local economy and national energy use, the advantages would be very small. In this context, it is considered that the harm caused to the landscape and historical heritage would outweigh the advantages of the proposal.

6. Conclusions:

6.1 Having weighed up the proposal in the context of the policies discussed above, assessing the likely impact of the turbine against the renewable energy promotion strategies, along with considering the arguments of the objectors, it is considered that the proposal does not meet the requirements of all the above-mentioned planning policies. 6.2 It is believed that a structure measuring 34m at its highest point would be a prominent, elevated, alien and overbearing feature in the skyline above the village of Sarn. In addition, it would have an insensitive effect on the visual amenities of the Landscape Conservation Area, the Llŷn and Bardsey Island Registered Landscape of Historic Interest and vast views inward, outward and across the Llŷn Area of Outstanding Natural Beauty. It would also have a harmful impact on the setting of the Trygarn listed building. There would also be implications from approving a further turbine in the vicinity, in the sense that it would be likely to have an unacceptable cumulative impact. Whilst national objectives to promote renewable energy are noted, such developments should be on a scale and in locations where they do not compromise the special quality of a sensitive area of this type. Whilst it is noted that there are no concerns regarding the impact of the proposal on the amenities of the neighbourhood, in relation to noise and nuisance, or roads or biodiversity impacts, the Council has not been convinced that the proposal complies with the requirements of all policies noted above. The advantages of the proposal would be minor and would happen to the detriment of the landscape and local heritage in its entirety. To this end, and based on the information presented as part of the application, it is considered that the proposal is contrary to Policies B3, B8, B10,B12, C26 and CH33 of the Unitary Development Plan.

7. Recommendation:

7.1 To refuse – reasons -

1 It is considered that the turbine, due to its scale and location in an open and sensitive area, along with the impact of the development of another wind turbine, would have a detrimental impact on the historical character of the landscape and on special views inward, outward and across the Area of Outstanding Natural Beauty and on the Landscape Conservation Area and Llŷn and Bardsey Island Registered Landscape of Historic Interest designations. The proposed turbine is therefore contrary to policies B8, B10, B12 and C26 of the Gwynedd Unitary Development Plan, and Technical Advice Note 8 (Renewable Energy) Planning Policy Wales.

2 It is considered that the proposed turbine because of its scale, location and proximity to the Trygarn dwelling is harmful to the setting of the Grade II listed building. The proposed turbine is therefore contrary to policies B3 and C26 of the Gwynedd Unitary Development Plan.

Number: 5

Application Number: C13/0652/46/LL Date Registered: 25/06/2013 Application Type: Full - Planning Community: Tudweiliog Ward: Tudweiliog

Proposal: TWO AFFORDABLE TWO-STOREY DWELLINGS AND ACCESS ROAD. Location: LAND ADJACENT TO TAN Y BRYN, TUDWEILIOG, PWLLHELI, GWYNEDD, LL53 8NB

Summary of the Recommendation: TO REFUSE

1. Description:

1.1 This is a full application to construct two affordable houses on a plot of land near Tan y Bryn on the outskirts of the village of Tudweiliog. They are two-storey houses with four bedrooms and integrated garages which measure approximately 120m2 and the integrated garages measure approximately 20m2. On the whole, the properties are a mirror image of each other with the exception of some small differences in the shape of the windows (one house has a traditional window pattern and the other has a more modern window pattern) and the details of the porch. The proposed houses would share the same central access to the third class county road and the work would include relocating the boundary wall and placing it further back and felling trees and hedges in order to provide the necessary visibility splays. It is currently an agricultural field which is slightly higher than the adjacent county road in terms of ground level, but it is intended to undertake land levelling work as part of the work. The site is outside, but adjoins the development boundary of the village of Tudweiliog which runs with the northern boundary of Tan y Bryn.

1.2 A detailed Design and Access Statement, a Code of Sustainable Homes Assessment as well as a Trees Assessment were submitted with the application. The application has also been the subject of pre-application discussions.

1.3 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: B10 SAFEGUARD AND ENHANCE LANDSCAPE CONSERVATION AREAS Protect and enhance Landscape Conservation Areas by ensuring that proposals 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 safeguarding the recognised features and character of the local landscape and environment.

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.

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.

C1 LOCATING NEW DEVELOPMENTS 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 development that is permitted by another policy of the Plan

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.

CH7 AFFORDABLE HOUSING ON RURAL EXCEPTION SITES DIRECTLY ADJOINING THE BOUNDARIES OF VILLAGES AND LOCAL CENTRES Permit affordable housing on rural sites directly adjoining the boundaries of Villages and Local Centres if they conform to criteria relating to local need, affordability and the impact on the form of the settlement.

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.

CH36 PRIVATE CAR PARKING FACILITIES - Proposals for new developments, extension of 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 accessibility of public transport, the possibility of walking or cycling from the site and the distance from the site to a public car park.

Supplementary Planning Guidance: Affordable Housing, Gwynedd Council 2009

2.3 National Policies: Planning Policy Wales, Chapter 9, Housing (2012)

Technical Advice Note 2 “Planning and Affordable Housing” (2006)

Technical Advice Note 6 “Planning for Sustainable Rural Communities” (2010) Technical Advice Note 12 “Design” (2009)

Technical Advice Note 18 “Transport” (2007)

Technical Advice Note 22 “Sustainable Buildings” (2010)

3. Relevant Planning History:

3.1 No previous planning history.

4. Consultations:

Community/Town Council: The councillors strongly support the young people but they would like to know if another site is available as this would have an impact on the showground.

Transportation Unit: No objection. Propose standard conditions.

Trees Officer: There are no Tree Preservation Orders or substantial trees on the site therefore I have no observations on the application.

Welsh Water: Propose standard conditions.

Natural Resources Wales: No objection.

Strategic Housing Policy Unit: Not received

Public Consultation: A notice was placed on a pole near the site and neighbouring residents were informed. The consultation period ended on 25 July 2013 but no response had been received.

5. Assessment of the material planning considerations:

5.1 Principle of the development Policy CH7 approves proposals to develop suitable rural sites which are directly on the boundary of villages for affordable housing as exceptions to usual housing policies. The purpose of the rural exception policy is to release sites located on the outskirts of villages and local centres where houses would usually not be approved. Any development would need to meet the policy’s criteria, which include: that general local need has been proven; that the development forms a logical extension to the village; the development would not form an unacceptable extension into the countryside and satisfactory arrangements are in place to restrict the occupancy of the houses provided initially and in perpetuity to those who are able to prove general local need for affordable housing. A supporting note is included in paragraph 2.31 of the Supplementary Planning Guidance: Affordable Housing, Gwynedd Council (2009) which states that planning applications for affordable dwellings under Policy CH7 must be based on proven real need for such houses and a speculative application should not be submitted.

5.2 In terms of location the site touches, but is outside the development boundary and it is considered as a rural exception site that is suitable for the development of affordable housing. It is not intrusive in the countryside as it will be adjoining the development boundary of the adjacent houses. It appears that both couples have received confirmation, following an assessment from Tai Teg that they are eligible and comply with the definition of local need for affordable housing. Both couples have one child and are local to the area and it is understood that they are currently renting two- bedroom houses in the village. They are aware, if the application were to be approved, that there would be a need to sign a 106 agreement to restrict the occupancy of the affordable houses and they are willing to do this. Therefore in terms of the criteria of policy CH7 of the GUDP the site and the applicants satisfy the vast majority of the requirements.

5.3 However, the proposal involves erecting two four-bedroom houses with a surface area measuring approximately 120m2 with an integrated garage measuring 20m2. Whilst it is appreciated that the units meet the size requirements of the Supplementary Planning Guidance: Affordable Housing, Gwynedd Council (2009) for two-storey houses with four bedrooms (120m2) the applicants’ real need for four-bedroom houses is questioned given that each couple only has one child. Paragraph 5.16 of the SPG: Affordable Housing states that “the size of dwellings must not be excessive in relation to the size of the property that is demanded in order to meet the targeted need (in order to avoid the possibility of being unaffordable to other people).”

5.4 The SPG further notes in paragraph 5.18:

When deciding on the number of bedrooms the applicant requires for an affordable home, the following will need to be considered:

A bedroom must be allocated for:  Husband/wife or a similar partnership  Every person aged 18 and over  Children aged 8 and over of different gender to children of any age  No more than two people should share a bedroom

5.5 In pre-application discussions with one of the applicants it was confirmed that a development of two affordable houses on the site would probably be acceptable in principle. At that time it was explained that there would be a need to ensure that the size of the houses and the number of bedrooms reflected their personal need and not their wish for a house. Certainly, general local need has been proven as both couples are local to Tudweiliog but it is also expected that the size and number of bedrooms reflect their needs, in order to meet the requirements of criterion 1 of policy CH7. Technically, the current need is for two-bedroom houses, but it was explained that the Council would be willing to consider three-bedroom houses, which is reasonable enough and reflects the standard size of a family home. Therefore, the applicant is fully aware of the Planning Authority’s concerns regarding the size and the number of bedrooms in the proposed development but has chosen to submit the application despite this. The applicant argues that four-bedroom houses have been approved to couples with one child in the past and that they have medical reasons for wanting a house of this size. In a recent e-mail it was stated that they had looked at the design of three-bedroom houses (100m²) but that a house of this size would not meet their needs. While their observations are noted, the Council is not convinced that a real need has been proven for four-bedroom houses in this case. It could be argued that this is the applicant’s wish and not a real need.

5.6 Having considered the matters noted above it is considered that the development in its current form does not meet the requirements of criterion 1 of policy CH7 or the objectives of the Supplementary Planning Guidance: Affordable Housing, Gwynedd Council (2009) as the area size of the houses does not reflect the applicants’ specific need for affordable housing.

5.7 Visual amenities In terms of the appearance and the setting of the houses on the site it is considered that the proposal is acceptable but it appears that changes to the window patterns, so that both houses have the traditional window pattern would be a significant improvement and would create a better looking development which would also be more in-keeping with the houses that are adjacent to the site. The finishes, which include pebble dash stone on the porches and slate roofs would be in keeping with the design of the other houses in the application area. It is not considered that there will be any implications to the Landscape Conservation Area as a result of the application. Although the proposal complies with the requirements of policies B10, B22 and B25 of the GUDP involving the landscape, design and finish it does not overcome the concerns regarding the need for houses of the proposed size.

5.8 General and residential amenities The development will not have a significant impact on the general and residential amenities of the residents of nearby houses in this case as all the windows have been installed at the front and rear of the buildings. Reasonable privacy would be maintained and it is not an overdevelopment of the site. It is therefore considered that the proposal complies with the requirements of Policy B23 of the GUDP.

5.9 Transport and access matters It is intended to provide a central vehicular access to be shared between both properties. This will involve relocating the current boundary wall and felling trees and hedges in order to provide the necessary visibility splays along with moving a lamp post. The visibility splays meet the road safety requirements and the Transport Officer considers it to be acceptable and suggests imposing standard road conditions. Parking will be provided within the curtilage. It is considered that the proposal complies with the requirements of policies CH33 and CH36 of the GUDP.

5.10 Trees and Landscaping A Trees Assessment was submitted as part of the application which indicated that it is required to fell two mature trees, namely ash and sycamore trees and hedges along with felling the clawdd to provide a safe vehicular access. These trees are not the subject of a Trees Preservation Order but it is considered to be a desirable element and of amenity value. If the application were to be approved it is considered that there would be a need to include conditions to ensure that appropriate landscaping work is undertaken in order to soften the impact and maintain the character of the area.

5.11 Sustainability matters An estimated Sustainable Homes assessment was received with the application which forecasted that both houses would satisfy the requirements of Level 3 of the Code and provided this is done, it is considered that the proposal is acceptable in relation to Policy C7 of the GUDP which involves building in a sustainable way. Should it be determined that the application is to be approved, conditions will be needed on the permission to ensure that the finished houses reach Level 3.

6. Conclusions:

6.1 Based on the assessment noted above it is believed that the application in its current form does not satisfy the principles of the Council’s Affordable Housing policy. The size of the houses and the number of bedrooms do not reflect the current specific real needs of the applicants for an affordable dwelling. Therefore, the proposal is contrary to criterion 1of policy CH7 and the recommendations of the Supplementary Planning Guidance: Affordable Housing, Gwynedd Council (2009). The applicant is fully aware of the Planning Authority’s opinion but has chosen to submit the application despite the pre-application advice that was given. Although several elements of the proposal is acceptable, such as the design, location, impact on the landscape and neighbours, road matters and sustainability requirements, the application cannot be supported as it is contrary to the main objectives of the Affordable Housing policies.

7. Recommendation:

7.1 To refuse - reason

The proposed dwelling houses in their current form do not meet the requirements of criterion 1 of policy CH7 of the Gwynedd Unitary Development Plan or the objectives of the Supplementary Planning Guidance: Affordable Housing, Gwynedd Council (2009) as the area size and the number of bedrooms do not reflect the applicants’ specific need for affordable housing.

Number: 6

Application Number: C13/0708/14/LL Date Registered: 09/07/2013 Application Type: Full - Planning Community: Caernarfon Ward: Menai (Caernarfon)

Proposal: TWO-STOREY REAR EXTENSION FOR A DISABLED PERSON Location: IOANOL, NORTH ROAD, CAERNARFON, LL551BE

Summary of the Recommendation: TO APPROVE WITH CONDITIONS.

1. Description:

1.1 This is an application by the occupants of the house to erect an extension at the rear of the property for a disabled person. Internally, the proposal will involve undertaking adaptations to the layout of the existing house including installing a lift, bath/shower room and a 2m extension to the existing garage on the lower-ground floor and a conservatory on the ground floor. The conservatory will be located above the garage and will replace the existing conservatory. It is also intended to demolish the existing stairs at the rear of the property and square-off the northern corner at the rear of the house in order to create a bath/shower room and extend the living room. Externally, the materials would be in keeping with the existing house.

1.2 As an amendment to the original submission (and after visiting the site and speaking with local residents) the latest plans include creating an additional parking space directly opposite the existing parking space which is located behind the access and the trunk road. This will then allow vehicles visiting neighbouring houses to pass the site without obstruction. There is also a parking area available below the house for at least two cars and although the garage is being extended by 2m out to the rear curtilage of the property, demolishing the existing stairs in the corner will facilitate parking and turning.

1.3 The site is located in an established residential area with four properties sharing the access off the trunk road (A487). A drive/right of way runs down the northern gable end of the property which serves two houses lower down than the application site.

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 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 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 NationalPolicies:

TAN 12 on “Design”, (June, 2009).

3. Relevant Planning History:

3.1 There is no recent planning history relating to this application.

4. Consultations:

Community/Town Council: Support.

Public Consultation: A notice was posted on site and neighbouring residents were notified. Following receipt of amended plans, the second notification period ended on 02.09.13. A letter was received from three neighbours following the original notification stating the following:-  There is no objection to the extension but enquiries must be made about some aspects before giving an opinion.  The plans do not show the location of the houses surrounding Ioanol.  How close can one build to the boundaries of other properties?  In bringing the extension closer to the houses how much more light and privacy will be lost?  Parking can be a problem on the site in particular in front of the property (when the carer visits the applicant) which prevents the neighbours from going down to their properties lower down.  How will we have access to our properties during the building work?  Will the building work affect the flow of water from the site down towards the houses below?

Local residents were re-notified in relation of the amended plans showing an additional parking space and, consequently, a letter was received from a solicitor on behalf of the occupants of Y Wenllys, Glan Traeth and Pen Llanw stating that they had contacted the applicant in writing regarding:-  The restrictions on the deeds regarding the condition to keep the right of way clear at all times for the occupants of the aforementioned houses.  It is also noted that the proposed extension would detrimentally affect the occupants of Glan Traeth and Y Wenllys by means of overlooking and loss of privacy.  There is also concern regarding the possibility of building materials obstructing the run of the drains surrounding the site.

5. Assessment of the material planning considerations:

5.1 Principle of the development – the principle of extending and making adaptations to buildings has been accepted in Policy B24 of the UDP subject to any such proposal being acceptable on grounds of visual amenities, residential amenities and safeguarding the current curtilage size of the application site. Policy B23 requires that proposals be refused if they have a detrimental effect on the amenities of the local neighbourhood.

5.2 Visual amenities – the property is located below the adjacent junction in a cluster of houses of modern design which vary in size, scale and design. It is intended to locate the new extension at the rear of the property so as not to be visible from the trunk road and partially visible from Ala Las and the Lôn Las Menai foot/cycle path below. It is believed that the scale of the extension along with its location and materials are in keeping with the existing property and more “suitable” to the property in terms of appearance than the existing extension (which includes a Upvc conservatory). The proposal also includes squaring-off the rear northern corner of the property and it is believed that this small extension is also acceptable on grounds of design and materials. In this respect, it is believed that the proposal does comply with the requirements of Policy B23 and B24 of the UDP.

5.3 General and residential amenities – as mentioned above, as a result of objections, discussions were held with local residents during a site visit. Although the proposed extension (on the first floor if looked at from Glan Traeth) will be 2m closer to the property below there will be a reduction in the number of windows facing Glan Traeth itself and the proposed windows will be narrower in design than the windows which already exist in the conservatory. There will be a space of approximately 7.5m between the front of the extension and the boundary of Glan Traeth where there is a conservatory and kitchen window. However, there will be some overlooking down towards Glan Traeth and the rear garden of Y Wenllys, but it is believed that it will not be of a substantially different scale to the current situation and therefore will not make it any worse. Given the height of the proposed extension it is believed that the eye line will extend above the roof of Glan Traeth and past towards the Menai Straits. Some overlooking between the properties already exists due to the setting of the houses in relation to each other. It is therefore considered that the proposal is acceptable in terms of the requirements of Policy B23 and B24 of the UDP. 5.4 Transport and access matters – it is believed that the existing parking provision is acceptable along with the suitability of the access to the A487 trunk road; however, following a site visit the applicant was asked to create an additional parking space near the existing parking space at the rear of the access in order to allow vehicles (including the emergency services) to reach two properties lower down without obstruction should the need arise. Despite being a civil matter, an amended plan was received to this end. Therefore, it is believed that there are no road safety implications to this proposal. It is therefore considered that the proposal is acceptable in terms of the requirements of Policy CH33 of the UDP.

5.5 Response to the public consultation – as referred to in the assessment above, the concerns of local neighbours (living opposite the application site) are acknowledged in relation to this proposal and it was explained to them that some of their concerns were civil matters. A second consultation was held with neighbours and the local councillor regarding the submission of an amended plan which now includes an additional parking space; however the latest plan has not alleviated the concerns of objectors. As referred to in the assessment above, it is believed that the effect of the extension on the amenities of neighbouring residents is acceptable and is not significantly worse compared with the existing situation surrounding the site.

6. Conclusions:

6.1 In considering the assessment above, it is believed that the proposal (as amended) is acceptable in terms of its design, scale, location, visual amenities, residential amenities, road safety and that it conforms with the relevant planning policies and advice.

7. Recommendation:

7.1 To approve - conditions: -

1. Five years. 2. In accordance with the plans. 3. Natural slate. 4. Create an additional parking space.

Number: 7

Application Number: C13/0728/23/LL Date Registered: 19/07/2013 Application Type: Full - Planning Community: Llanrug Ward: Cwm y Glo

Proposal: SITING OF 8 LUXURY TENTS Location: RIVERSIDE CAMPING, PONTRUG, CAERNARFON, GWYNEDD, LL552BB

Summary of the Recommendation: TO APPROVE WITH CONDITIONS

1. Description:

1.1 This is an application to site 8 luxury tents on a piece of land adjacent to the curtilage of “Riverside Camping” (the former Seiont Nurseries) in Pontrug, to the east of Caernarfon. Two of the tents will be located on the former car park, on low land opposite the current car park, and the six remaining tents will be located on sloping ground. The tents will be set on a timber foundation measuring 8x7.3m (this will not entail excavation), with a metal frame tied to the foundation itself. This will then provide a firm structure for the canvas cover and the timber cladding that will provide temporary accommodation for the occupants. The height of the tents will be 3.5m with an internal surface area of 47.45m2, and a veranda with a surface area of 10.92m2. The tent’s occupants would use the existing facilities and services provided by “Riverside Camping” which are conveniently located nearby. The tents have been designed to be easily dismantled and re-erected as required.

1.2 The existing entrance from the nearby trunk road (A.4086) which serves the caravan park and the existing restaurant will be used, along with the car park which is located below the trunk road and within the site. A considerable number of parking spaces are now available within the site for the tent users, especially since the closure of the plant nursery.

1.3 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 which reflects the nature and scale of the proposal.

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

D20 - TOURING CARAVAN, CAMPING AND TOURING UNIT SITES – EXTENSIONS, ADDITIONAL PITCHES, RELOCATION AND EXCHANGES Proposals for increasing the number of pitches, extensions to sites, relocation or exchange of sites will be approved if the proposal forms part of a plan to ensure environmental and visual improvements, and meets other criteria regarding the impact of the development on the local area.

Supplementary Planning Guidance: Holiday Accommodation, (July 2010).

2.3 National Policies: Technical Advice Note 12 on “Design”, (June 2009).

Planning Policy Wales, (November 2012), Chapter 7 - “Economic Development” and Chapter 11 on “Tourism, Sport and Recreation”.

3. Relevant Planning History:

Application number 3/23/58A - new driveway, approved in November 1975.

Application number 3/23/58M - construct a new toilet block, approved in June 1993.

Application number 3/23/58N - change the use of part of the holiday park to be an extension of the existing plant nursery, approved in December 1994.

Application number C12/0533/23/TC - application for a certificate of lawful use for 40 tents, 4 seasonal touring caravans and 20 touring caravans approved in August 2012.

An enquiry from the applicant was received prior to the submission of the application under reference Y13/00269, enquiring about the intended proposal.

4. Consultations:

Community/Town Council: Not received.

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

Natural Resources Wales: No objection.

The Council’s Biodiversity No observations to make as there would be no detrimental Unit: impact on the nearby wildlife site.

Public Protection Unit and No objection although the applicant must conform to Health and Licensing Officer: Safety in the Workplace Legislation 1974 etc., and amend the site licence. It must be ensured that the sewerage treatment system conforms to Building Standard BS6297:1983.

Public Consultation: A notice was posted on the site and neighbouring residents were notified. The consultation period ended on 13.08.13 and no responses to the proposal were received during the statutory consultation period.

5. Assessment of the material planning considerations:

Principle of the development

5.1 Throughout the country many traditional camping and caravan park operators are diversifying and many businesses now offer alternative options to the standard and traditional caravan and camping accommodation. Over recent years there has been an increase in stylish camping, known as “glamping” (luxury camping) which offers a particular level of luxury and comfort to visitors which exceeds that offered by the traditional experience of camping in a tent. One example of this type of facility is “timber tents” which means a simple timber/canvas structure which can be installed on land without the need for permanent/structural foundations, and unconnected to services, as in this case.

5.2 These types of applications should be dealt with in the context of Policy D20 of the Gwynedd Unitary Development Plan (GUDP). The Policy states that proposals for increasing the number of pitches on sites for touring caravans, camping and touring units, or extensions to sites will be approved, provided the proposal forms part of a scheme that will lead to environmental and visual improvements in terms of the location, layout, design and appearance of the site, and that the proposed development will not exceed the capacity of the locality to reasonably accommodate such development. Having considered the content of this assessment, it is believed that the proposal complies with the above criteria. Policy B22 states that proposals for new buildings will be refused if they have an unacceptable impact on visual amenities. According to the requirements of Policy B23, proposals that would harm the amenities of the local community will be refused. Policy C1 states that land within the development boundaries will be the main focus for new development unless the development is linked/supplementary to current use and that it facilitates diversification in the rural economy (which includes rural tourism, outdoor sports and leisure enterprises). «Policy CH33 states that that provision must be made for safe access to the site, and that the existing roads network must be able to deal with an increase in traffic to and from the site.

5.3 The Wales Planning Policy document (November 2012) states in Chapter 7: “Many commercial and light manufacturing activities can be located in rural areas without causing unacceptable disturbance or other adverse effects”. It states that small-scale enterprises have a vital role in promoting healthy economic activity in rural areas, which can contribute to both local and national competitiveness as well as the improvement of rural communities. Chapter 11 states: “Tourism is vital to economic prosperity and job creation in many parts of Wales”. In determining applications for these type of developments, a local planning authority needs to consider the impact of such proposals on the environment and the local community. Visual amenities

5.4 The site is located on a plot of land between the A.4086 trunk road and the former nursery below, on land that was previously used as a tree nursery, and which is now overgrown with vegetation and trees. The upper site is located on a slope, with the lower part of the site located on the former car park, with the River Seiont to the east of the site itself. The whole site along with the nearby landscape is totally screened from any public area, partially by mature indigenous trees and partially by the trees from the former nursery. In considering the nature, design, location and appearance of the luxury tents, is not considered that they will have a detrimental impact on the visual amenities of this part of the rural area on the outskirts of the town, and that they will integrate and assimilate well with their “green” background. It is therefore considered that the proposal is acceptable in terms of the requirements of Policy B22, B23 and D20 of the GLDP.

General and residential amenities

5.5 The closest proposed tent is located approximately 25m to the south of the dwelling known as Cilan, and on land which is lower, and which runs down towards the river and the former car park. Between this property and the tent there is thick growth of trees and shrubs which create a screen with regard to visual and residential amenities (noise and disturbance). It is considered that the fairly low density of the proposal and the location of the tents within the vegetation are factors which contribute towards the proposal’s acceptability in terms of protecting the residential amenities of nearby dwellings. It is therefore considered that the proposal is acceptable in relation to the requirements of Policy B23 of the GLDP.

Transport and access matters

5.6 As referred to above, it is intended to use the existing entrance from the A.4086 trunk road for this proposal, and parts of the existing car park which are located below the site. The Highways Unit states that it is not anticipated that the development would have a detrimental impact on any road or proposed road. It is therefore considered that the proposal is acceptable in relation to the requirements of Policy CH33 of the GLDP regarding the creation of a safe entrance, and that the local road network could deal with any increase in traffic as a result of the proposed development.

6. Conclusions:

6.1 In considering the assessment above, it is believed that the development is acceptable in terms of its location, design, density, use, residential and visual amenities and that it conforms with the relevant policies and advice.

7. Recommendation:

7.1

To approve - conditions: -

1. Five years. 2. In accordance with the plans. 3. Restrict the use of the tents to holiday use only. 4. Seasonal restriction (March-October). 5. Tents to be located in accordance with the plans submitted. 6. Current register to be kept. 7. Septic tank /sewerage treatment provision condition. 8. The tents and all the structures to be completely removed from the site at a designated time of year (October to March). 9. Colour of the canvas/timber cladding.

Number: 8

Application Number: C13/0782/11/LL Date Registered: 01/08/2013 Application Type: Full - Planning Community: Bangor Ward: Dewi

Proposal: APPLICATION FOR THE ERECTION OF A 2.4M HIGH BOUNDARY FENCE, TOGETHER WITH THE ERECTION OF A 0.6M HIGH FENCE ABOVE EXISTING WALL. Location: 12, BRYN ADDA, BANGOR, LL572LJ

Summary of the Recommendation: TO APPROVE SUBJECT TO CONDITIONS

1. Description:

An application to erect a 2.4m high fence along the property boundary, with the erection of a 0.6m high fence above the existing boundary wall.

The property is detached within an estate of similar houses within the City of Bangor. The plot is situated on a corner with the estate road running along two of its boundaries, with a plot of open land and two residential houses along the remaining boundaries.

There is currently a brick wall along the property’s boundaries with the estate road, at a height of 1.8m; followed by a timber fence which varies in height (approximately 1.2m-1.8m) along the remainder of the boundary between the property and the open land, and the two adjacent properties. The front of the property where the garage is located opens to the estate road. There are six trees which are subject to a Tree Preservation Order located along the site’s North Eastern boundary - where the timber fence is currently situated, and where the property borders the open land and part of the front and side garden of the property known as 37 Bryn Adda.

It is proposed to erect a 0.6m high timber fence above the existing brick wall which measures 1.8m in height along the property boundary between points D and E on the plan which has been submitted as part of the application. This means that the combined height of the fence and wall in this section will be 2.4m. There is no intention to erect a fence above the wall between points E and A.

It is intended to replace the existing boundary fence between points A, B, and C with an additional fence between B1 and B2. This fence measures 2.4m in height, to be made of treated timber set above concrete boards. The tree report which has been submitted as part of the application states that a branch from tree number 1 on the attached plan would have to be felled in order to erect the fence.

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 B19 - PROTECTED TREES, WOODLAND AND HEDGEROW Proposals which will 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 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 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.

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:

TAN 12 Design Planning Policy Wales (Fifth edition) November 2012

3. Relevant Planning History:

C07A/0748/11/CC - PRUNE AND FELL TREES - APPROVED 14.11.2007

C12/1139/11/CC - APPLICATION TO FELL 6 TREES PROTECTED BY A TREE PRESERVATION ORDER – REFUSED 27.09.2012

4. Consultations:

Community/Town Council: No observations, but notes that the impact of such a taller fence on nearby residents should be considered.

Transportation Unit: No response

Biodiversity: No observations

Trees: No objection provided that the work conforms to the contents of the tree report. It should be noted that it is considered that work would also need to be carried out on tree number 5.

Social Services: No response

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The consultation period ended on 29.08.2013 and 3 items of correspondence were received objecting to the application, and 2 items of correspondence supporting the application:

Objections  Bryn Adda Management Company were not informed about the application.  The design, height or materials of the fence are not in keeping with the estate, or the guidelines for the estate.  The proposal involves undertaking work to protected trees.  The proposed height is too high.

Support  The existing fence is not sufficient to meet the needs and to ensure the safety of the child living at the property, and allowing the fence would provide the child with freedom within the garden.

5. Assessment of the material planning considerations:

Principle of the development

General planning policies within the Gwynedd Unitary Development Plan support applications for developments within the curtilage of residential houses, provided they are appropriately assessed.

Policy B19 of the Gwynedd Unitary Development Plan relates to protected trees, woodland and hedgerows; it allows proposals that will involve the loss of or damage to protected trees, woodlands or hedgerows only when the economic and/or social benefits of the development outweigh any damage.

In this case, part of the proposal means erecting a fence adjacent to, and around trees which are protected by a Tree Preservation Order. A tree report has been submitted as part of the application, which states that a branch of tree number 1 needs to be felled (noted on the plan) in order to complete the work, and confirms that the work will not cause any significant damage to the trees provided that the work is undertaken in accordance with the report’s recommendations. The Trees Officer has confirmed that he agrees with the contents of the tree report, but has raised the question whether work would be need to be carried out on tree number 5 also. The agent has confirmed that no work will be carried out on tree number 5; but the agent is totally aware that any further work to the trees not covered by this application would require a further planning application.

On this basis, it is not considered that this proposal is likely to have a detrimental impact on protected trees, and therefore the proposal complies with the requirements of the policy B19 above.

Visual, general and residential amenities

Policies B22, B23 and B25 of the Gwynedd Unitary Development Plan involve assessing the design, amenities and external materials of the proposal.

The proposal involves the erection of a 2.4m high fence along part of the property’s boundary and erecting a 0.6m fence above the existing wall which measures 1.8m along another section of the boundary as already described. The height of the fence and the total height of the wall and the fence is higher than usual; although it is considered acceptable in this case. The section of the boundary where a fence only is proposed (from point A to B to C including an addition within the curtilage from point B1 to B2) runs along the property’s boundary with open land, partially with the front and side garden of number 37 Bryn Adda and the side boundary with number 14 Bryn Adda. The proposed fence does not run along the whole of the boundary with the two neighbouring properties, and it is therefore not considered likely to have a detrimental impact on the residential amenities in relation to loss of light or having an oppressive impact. The impact of the height is mitigated due to the fact that there are already protected trees (which are ancient tall trees) on the boundary between the property and number 37, and the fence on the boundary between the property and number 14 is shorter and located behind the existing garage.

The proposal to erect a 0.6m high fence above the existing wall which measures 1.8m is also located along the shorter boundary, and although it is located on an elevation which overlooks the estate road, this wall is also partially concealed by vegetation in the form of trees and shrubs. Therefore, it is not considered that this part of the proposal is likely to have a detrimental impact on the amenities of any neighbouring individuals.

The proposed fence is of a simple design, and it is intended to be finished with treated timber set on concrete panels in the ground. Although their appearance are not exactly the same as other fences within the estate, I consider that they are in keeping and are therefore acceptable. It is not considered therefore that the proposal is contrary to the requirements of policy B22 B23 or B25 of the Unitary Development Plan.

Highway Matters

Policy CH33 of the Gwynedd Unitary Development Plan involves safety on roads and streets. It allows development proposals provided they can conform to specific criteria relating to the vehicular entrance, the standard of the existing roads network and traffic calming measures. In this case, part of the proposal includes the erection of a fence measuring 0.6m above an existing wall which measures 1.8m in height, located on the property’s boundary with the edge of the estate road. The side of the road itself comprises a narrow pavement and a wide green verge. In addition, the existing wall measures 1.8m in height, and therefore it is not considered that increasing the height by 0.6m in this case is likely to have a detrimental impact on road safety. Hence, it is considered that the proposal conforms to the requirements of policy CH33 above.

Response to the public consultation

Following a period of public consultation, responses objecting to the proposal and supporting it were received. It is considered that the contents of the above report has dealt with the material planning matters raised.

6. Conclusions:

6.1 I do not consider the proposal to be contrary to any relevant policy. The proposal is unlikely to have a detrimental effect on the amenities of the local area or any nearby properties.

7. Recommendation:

To approve - conditions - 5 years - Ensure that the development is completed in accordance with the plans submitted with the tree report - fence to be painted dark brown - Welsh Water’s note.

Number: 9

Application Number: C13/0789/11/LL Date Registered: 05/08/2013 Application Type: Full - Planning Community: Bangor Ward: Hirael

Proposal: APPLICATION FOR THE ERECTION OF A TWO STOREY REAR EXTENSION. Location: 21, MAES Y DREF, BANGOR, LL571YL

Summary of the Recommendation: TO APPROVE SUBJECT TO CONDITIONS

1. Description:

1.1 An application to erect a two storey rear extension.

1.2 The semi-detached two storey property is situated in a cul-de-sac of similar houses off the High Street. There is a fairly substantial curtilage to the front of the property, and a slightly smaller rear curtilage. There is a boundary wall at the front of the property with a footpath leading into the curtilage. There is no boundary wall or fence between the property and its neighbouring properties known as 20 and 22 Maes y Dref, although a low hedge of vegetation separates both properties. There is a small external shed to the rear of the property, and there are boundary walls to the side of the property with number 22 and to the rear of the property.

1.3 The proposal involves erecting a two storey pitched roof extension to the rear of the property, which means extending the original part of the single storey kitchen and building an additional storey above it. The extension measures 2m in length from the end of the original kitchen on the ground floor (4.5m in length on the first floor above this part) and measures 4.5m in width. The extension measures 5m in height to the eaves and 6.5m high to the ridge. It is also proposed to modify the openings on the rear elevation of the property, including replacing the current first floor window with a dormer window, and the addition of a window on the ground floor on the side elevation facing property number 20 Maes y Dref. The extension provides a lounge on the ground floor and an additional bedroom with an en-suite on the first floor.

1.4 It is also proposed to create an opening at the front of the curtilage and create three parking spaces within the curtilage. The estate road is unclassified and therefore this part of the development does not require formal planning permission.

1.5 It is proposed that the finish of the extension will match the existing dwelling.

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 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 in keeping with the character and appearance of the local area.

2.3 National Policies:

TAN 12 Design Planning Policy Wales (Fifth Edition) November 2012

3. Relevant Planning History:

None

4. Consultations:

Community/Town Council: No objection subject to a condition being placed on the planning permission to ensure that the property remains the home of one individual family and is not to be used as a house in multiple occupation for student accommodation. The City Council is concerned that such uses are permeating into the city’s residential areas which has a detrimental impact on their character and amenities and means that local people are unable to live in local houses.

Welsh Water: No response.

Public Consultation: A notice was posted on the site and neighbouring residents were notified. The consultation period ended on 29.08.2013 and two letters were received objecting to the application on the following grounds:

 No objection to the extension to the rear of the property.  Concern that there is no intention to erect a boundary wall/fence between number 21 and number 20 to ensure privacy.  Concern that the property will be used as a house in multiple occupation for 6 people with 6 parking spaces.  The potential to use the lounge and sitting room as bedrooms numbers 5 and 6.  Needs a planning condition to prevent approval for 4 bedrooms.  Concern regarding the chimney as it moves during strong winds. 5. Assessment of the material planning considerations:

Principle of the development

5.1 General planning policies within the Gwynedd Unitary Development Plan support applications for the erection of extensions on residential houses provided they are appropriately assessed.

5.2 Policy B24 of the Gwynedd Unitary Development Plan relates to alterations to buildings. The proposal involves constructing a two storey pitched roof extension at the rear of the property. The extension is not particularly large, and although the curtilage is fairly small, it is not considered that the proposal is excessive in relation to its size or height. It is also proposed to replace the existing window on the first floor with a dormer window on the rear elevation. It is considered that the extension and dormer window are of a suitable size and design, and complement the site in this case. It is not considered that the proposal is contrary to the requirements of policy B24 above.

Visual, general and residential amenities

5.3 Policies B22, B23 and B25 of the Gwynedd Unitary Development Plan relate to assessing the design of the proposal, amenities and external materials.

5.4 The proposal involves constructing a two storey pitched roof extension at the rear of the property. Although it is a two storey extension, it is not particularly large, and it is located approximately 5m from the boundary on each side. It is proposed to make minor changes to the pattern of the windows on the rear and side elevations of the property, including replacing the existing first floor window with a dormer window. To the rear of the site of the application is a building used as army offices/recruitment, and it is therefore not considered that the proposal is likely to result in substantial additional overlooking to the rear. There is no proposal to install a window facing number 22 Maes y Dref. It is proposed to install a small window on the ground floor facing number 20 Maes y Dref, but it is not considered that this will cause any inappropriate overlooking as a right exists to erect a wall or fence up to 2m high on the border between both properties.

5.5 It is proposed that the finish of the extension will match the existing property. It is therefore not considered that the proposal is contrary to the requirements of policies B22, B23 or B25 of the Unitary Development Plan.

Response to the public consultation

5.6 Following the public consultation period, two responses were received, raising the points noted above, and the observations of Bangor City Council requesting a specific condition.

5.7 The Local Planning Authority has contacted the agent to confirm whether it is proposed to erect a fence or wall between number 20 and number 21 Maes y Dref, but this is ultimately a private matter between the residents and no planning permission would be required to erect a wall or fence up to 2m high between both properties.

5.8 The application has been submitted to the Local Planning Authority as an application from a householder to build an extension, and it does not include any proposal to change its use to a house of multiple occupation. The property currently falls within the C3 class use of residential houses which means that the use of the residential property is restricted to family, individuals, or up to 6 people living together as an individual household. Changing the property’s use to a house in multiple occupation would require further planning permission and the use would then fall into a different class use. Therefore, in the context of the observations made by Bangor City Council, it is not appropriate or reasonable to place a planning condition preventing a development that would require further planning permission in any case. On this basis, the observations made by Bangor City Council have been taken as an objection to the proposal.

5.9 In relation to the concern about the chimney, the plans show that the property’s existing chimney would be demolished, but this is not a matter that requires any planning permission.

5.10 It is not considered that the observations and objections submitted outweigh the material policy considerations and are not grounds for refusing the application.

6. Conclusions:

6.1 It is not considered that the proposal is contrary to any relevant policies which have been noted. The proposal is unlikely to have a detrimental effect on the amenities of the local area or any nearby properties.

7. Recommendation:

7.1 To approve - conditions - 5 years, ensure that the development is completed in accordance with the submitted plans, external finish to match the existing dwelling, slate roof. Welsh Water Note

PLANNING COMMITTEE DATE: 23/09/2013 HEAD OF REGULATORY DEPARTMENT REPORT PWLLHELI (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

Number: 10

Application Number: C13/0796/17/LL Date Registered: 08/08/2013 Application Type: Full - Planning Community: Llandwrog Ward:

Proposal: ERECTION OF A NEW HANGAR INCLUDING ANCILLARY ACCOMMODATION, NEW VEHICULAR ACCESS AND CAR PARK AND ANCILLARY EXTERIOR WORKS Location: CAERNARFON AIRPORT, DINAS DINLLE, LLANWNDA, CAERNARFON, LL545TP

Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:

1. Description:

1.1 The application involves a full application to erect a new hangar to include ancillary accommodation, a new access and ancillary work to develop the site. The main purpose of the building would be for the ‘search and rescue’ team’s work.

1.2 The site is already a part of Caernarfon Airport which is located in Dinas Dinlle. The scheme involves erecting a building which measures approximately 47m by 38m and the height is approximately 11m which reflects other buildings near this site. This part of the site is currently used by the Air Ambulance service.

1.3 The site is located within a C2 flood zone and a Flood Risk Assessment has been submitted with the application. In addition, a Design and Access Statement and a BREEAM Pre-assessment have been submitted with the application. The agent is also in the process of preparing a linguistic statement and has agreed to submit the statement prior to the planning committee.

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 development does not fall within the Schedule 1 criteria, however, it does fall within the development description in Section 10 (e), Schedule 2 (Construction of Airports). 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: 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. PLANNING COMMITTEE DATE: 23/09/2013 HEAD OF REGULATORY DEPARTMENT REPORT PWLLHELI (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

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

POLICY B30 – CONTAMINATED LAND OR BUILDINGS Ensure that proposals for developing contaminated land or buildings are refused unless they can conform to a series of criteria aimed at controlling or restricting the contamination.

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 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 CH27 – CAERNARFON AIRFIELD To refuse proposals which would be likely to have an unacceptable impact on the ability of Caernarfon Airfield to operate safely and effectively. Proposals to improve the existing facilities for Airfield users will be approved provided they conform to criteria regarding the scale and design of the development, together with visual, environmental, amenity and highway considerations and the fact that unused buildings should be used if practical.

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. PLANNING COMMITTEE DATE: 23/09/2013 HEAD OF REGULATORY DEPARTMENT REPORT PWLLHELI (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

2.3 National Policies:

Planning Policy Wales – Fifth Edition (November 2012) Chapter 4 Planning for Sustainability Chapter 8 Transport Chapter 12 Infrastructure and Services Chapter 13 Minimising and Managing Environmental Risks and Pollution

Technical Advice Note 12: Design Technical Advice Note 18: Transport Technical Advice Note 22: Planning for sustainable buildings Technical Advice Note 15: Development and Flood Risk

Supplementary Planning Guidance: Planning and the Welsh Language Supplementary Planning Guidance: Planning for Sustainable Building Gwynedd Design Guidance

3. Relevant Planning History:

C13/0822/17/LL – Demolish existing control tower, construction of new control tower, adaptations to existing car park and create new access. Under consideration.

C12/1481/17/AM – Application for outline permission for the erection of a new hangar to include ancillary accommodation, two new entrance points and ancillary work. Withdrawn 14/02/13 (See paragraph 5.11 relevant planning history).

C12/1114/17/LL – set up a sub-station. Approved with conditions 16/10/12.

C10A/0507/17/LL – two wind turbines. Approved with conditions 11/07/11.

C09A/0155/17/LL – changing the use of part of a hangar as a temporary ice rink. Approved with conditions 30/4/09.

C07A/0412/17/LL – new terminal building. Approved with conditions 6/9/07.

C07A/0411/17/LL – convert and adapt a former fire station to create self-serviced accommodation for airport students. Approved with conditions 05.10.07.

C06A/0007/17/LL – new hangar. Approved with conditions 09.03.06.

4. Consultations:

Community/Town Council: Awaiting a response

Transportation Unit: No objection, the need to impose conditions subject to the following observations: there are few details of the access and I recommend conditions be imposed either for the applicant to provide full details to be approved prior to commencing or to provide a means of distinguishing between private land and highways land. A proposal is shown for creating a vehicular access approximately 25m wide, to allow appropriate access for lorries through the gate to the service yard. Consequently, the width of the access is likely to lead to an access which could be misused and used as a turning area or even a lay-by or parking area by the public. Therefore, I recommend that the PLANNING COMMITTEE DATE: 23/09/2013 HEAD OF REGULATORY DEPARTMENT REPORT PWLLHELI (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

applicant installs a row of demarcation studs or a line of kerb edging along its boundary with the highway and installs white lines on the junction to show the location of the access.

Natural Resources Wales: Awaiting a response

Welsh Water: Awaiting a response Countryside Council: Awaiting a response Biodiversity Unit: Awaiting a response Isle of Anglesey County Awaiting a response Council: Archaeological Trust: Awaiting a response

Public Protection Unit: Due to the previous use of the land as a storage site for explosives, the land could have been contaminated. Therefore, a desktop search will be undertaken to assess the potential pollution risk on the site for the proposed development. Appropriate conditions involving this are recommended.

Public Consultation: A notice was posted on site and nearby residents were informed. The advertising period ends on 12/09/13 and when the report was being prepared, two letters were received objecting to the application for the following reasons:  The impact of noise and vibration 24 hours a day for residents of Morfa Lodge Caravan Park and the nearby dwelling.  Effect on amenities.  Effect on tourism / local economy.  Health and Safety concerns.  The need for a condition regarding a ‘no fly zone’ over and around the caravan park.

One letter/correspondence was received which supported the application on the grounds of:  A high quality building with good services.  A valuable asset to the airport and to the local economy.  An improvement to the emergency services.

5. Assessment of the material planning considerations:

Principle of the development

5.1 Policy C1 relates to ‘Locating New Development’ stating that ‘land within development boundaries...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.

5.2 To this end, policy CH27 specifically relates to Caernarfon Airfield and approves proposals to improve existing facilities for Airfield users provided that they conform to the relevant criteria. These criteria involve the scale and design of the proposal; making use of unused buildings when it is practical; no significant harm to the PLANNING COMMITTEE DATE: 23/09/2013 HEAD OF REGULATORY DEPARTMENT REPORT PWLLHELI (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

landscape, coast or biodiversity; no significant harm to the amenities of nearby residents; and is acceptable in terms of parking and highway considerations.

5.3 There is no existing building available that is suitable for the proposal and all the other matters are considered below.

Visual amenities

5.4 The building would be very sizeable and would reflect the size of the other buildings that are on the site in terms of scale, design and materials. Policy B22 ‘Building Design’ requests 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.

5.5 It is considered that the proposal would be a reasonable extension to the airport, and would therefore respect the site and its surroundings. It would not have an unacceptable detrimental impact on the form and character of the landscape or on prominent public vistas as these have already been affected to all intents and that the proposal would not worsen the situation that already exists.

5.6 As a result, it is considered that the proposal is acceptable in respect of Policies B22, B25 and B27 of the Plan. It would not be appropriate to request a landscaping scheme (Policy B27) for this site due to the scale and nature of the proposal and the nature of the site which would mean that a landscape plan is not likely to contribute anything in terms of alleviating the impact of the proposal and that a landscaping plan is not likely either to be a success in such an open area near the coast.

General and residential amenities

5.7 There are not many houses surrounding the area and there is one house adjacent to the site but its main impending views face away from the site. Policy B23 ‘Amenities’ requests that proposals which would cause significant harm to the amenities of the local community be refused. It is not considered that there would be any impact on the privacy of the users of nearby properties, and due to the current nature and scale of the site the proposal would not lead to an overdevelopment of the site. It is also not considered that there would be any significant harm to local amenities based on the additional traffic (on the road and in the air) and/or noise. Due to the current use of the site without existing planning restrictions, it is not considered reasonable or necessary to impose a planning condition to restrict the flying zone. Therefore, it is not considered that the proposal is contrary to Policy B23.

Transport and access matters

5.8 Policy CH33 approves proposals that can provide a vehicular access to the site that is in keeping with the local area. Although the site has an existing entrance, the proposal would require an independent entrance and from this perspective the plan is considered acceptable. In addition, the policy states that the current road network should be of sufficient standard to be able to deal with the traffic flow that is likely to result from the new development. The Air Ambulance service already exists on the site and there is some current traffic associated with this usage. It is not considered that increasing the existing use of the site would create problems in terms of the local highway network as it is considered that they would be able to cope with the increased traffic that would be associated with this proposal. PLANNING COMMITTEE DATE: 23/09/2013 HEAD OF REGULATORY DEPARTMENT REPORT PWLLHELI (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

Biodiversity Matters

5.9 As the vast majority of this proposal has been located on land that has already been developed as a hard/tarmac area and is a part of the existing airport, it is not considered that the development would lead to a significant loss of grassland of high value to biodiversity. In addition, it is not considered that this loss would be significant to local biodiversity as the site is part of a larger site.

Sustainability matters

5.10 The BREEAM Pre-assessment shows that the proposal meets the sustainable buildings requirements in accordance with Policy C7.

Relevant planning history

5.11 There is a long planning history to the application site as a whole. Considering the current legal use of the site, the proposal is compatible with the other land uses which are within the Airfield. The Planning Committee decided to defer the right to the Senior Planning Manager to approve application number C13/0822/17/LL (Outline application for a hangar / new search and rescue facility), subject to receipt of details on the amended floods risk assessment and with conditions but the applicant decided to withdraw the application.

5.12 Flooding matters

5.13 Since the previous application, a new Floods Risk Assessment has been submitted with the application which states that there is a minimal risk to the development. Zone 2 is recognised by TAN 15 as areas of the flood plain without substantial infrastructure to be protected from floods. The TAN also states that ‘only developments that are less vulnerable to harm should be considered subject to the results of the justification test...’

5.14 Policy B29 of the UDP is relevant to flooding and it states that ‘proposals for a development which is very vulnerable to harm or proposals for emergency services on a site forming part of an area categorised as a C2 flood zone are refused...New developments should be directed away from zone C and towards suitable land...’. However, Policy B29 mentions that ‘if developments in exceptional circumstances are approved, the developer must demonstrate that full consideration was given to the possibility of flooding in the designing of the development...’

5.15 Therefore, it is clear that there is a need to weigh up the site location within a C2 Flood Zone, with a need to locate the proposal on a suitable site to locate a hangar/helipad and also to consider the current use of the site as an airport and Air Ambulance centre.

5.16 Due to the site’s location within a C2 flood zone, the observations of Natural Resources Wales are crucial when assessing the application. At the time of writing the report, the statutory consultation period had not ended. Should any response be received before the date of the Committee, they will be submitted as late observations. PLANNING COMMITTEE DATE: 23/09/2013 HEAD OF REGULATORY DEPARTMENT REPORT PWLLHELI (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

5.17 However, the flood risk assessment has proved that the flood risk could be managed in an acceptable manner and it appears from the observations of the Environment Agency on the previous application that this is possible. Due to the nature of the land surrounding the site and the scale of the development, it is unlikely that this development will create more of a risk for other areas. Based on receipt of acceptable observations from Natural Resources Wales, it is considered that the proposal is acceptable and is sufficiently needed in this location. Therefore, the application is not considered worthy of refusal on these grounds.

Any other considerations

5.18 Due to the previous/historic use of the site as land that stored explosives, appropriate conditions are recommended to address the associated risk to develop the land. It is considered that the proposal would comply with Policy B30 subject to managing the risk by means of appropriate conditions.

6. Conclusions:

6.1 The objections by local residents have received full consideration as noted above. Based on the above assessment, and having considered all the relevant matters, including the objections, it is not considered that the proposal is contrary to the local and national policies and guidelines noted in the assessment, nor are there any material planning considerations that state otherwise. Based on the above, it is considered that the proposal is acceptable subject to relevant conditions.

7. Recommendation:

To approve subject to conditions:

1. Time – five years 3. To agree on external finish and colour 4. Transport conditions 5. BREEAM; 6. Provide a Flood Risk Assessment