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Planning Applications 9 July 2012

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Planning Applications 9 July 2012 PWYLLGOR DYDDIAD: SIAMBR DAFYDD ORWIG CYNLLUNIO DATE: 09/07/2012 CHAMBER CAERNARFON PLANNING COMMITTEE EITEM CAIS RHIF CYMUNED LLEOLIAD ITEM APPLICATION COMMUNITY LOCATION NUMBER 1 C12/0120/17/LL Llandwrog Tafarn Tudor, Groeslon, Caernarfon 2 C12/0377/39/LL Llanengan Machlud Haul, Cilan 3 C12/0378/34/LL Clynnog Derwin Fawr, Garndolbenmaen 4 C12/0477/19/LL Bontnewydd The Workshop, Dol Beuno, Bontnewydd 5 C12/0519/11/LL Bangor Nant y Gro, Garth Road, Bangor 6 C12/0538/39/LL Llanengan Tyddyn Talgoch Uchaf, Bwlchtocyn 7 C12/0563/14/LL Caernarfon Glanmorfa, Ffordd Pwllheli, Caernarfon 8 C12/0598/44/LL Porthmadog Caeau OS / OS Fields 4154 & 4659, Penrhyn Farm, Treflys, Porthmadog 9 C12/0718/33/LL Buan Plas Yng Ngheidio, Boduan Number: 1 Number 1 Application Number: C12/0120/17/LL Date Registered: 14/02/2012 Application Type: Full - Planning Community: Llandwrog Ward: Groeslon Proposal: DEMOLISH PART OF EXISTING BUILDING AND ERECT A NEW GARAGE IN ITS PLACE TOGETHER WITH EXTENDING THE EXISTING CURTILAGE OF THE DWELLING Location: TAFARN TUDOR, GROESLON, CAERNARFON, LL547UE Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation: 1. Description: 1.1 This is a partially retrospective application to demolish part of the existing outbuilding and erect a new building in its place for the applicant’s classic vehicle maintenance garage. The new building will be of a fabrication and design that is very similar to an agricultural or industrial building in terms of appearance as it has a roof and gable ends fabricated from coloured (dark green in this case) profile steel sheets, with a relatively large timber door with a smaller opening and gate located on the eastern elevation of the building, i.e. opening outward to the curtilage. The garage will measure 16.6m long, 6m deep with the highest part of the roof measuring 4.3m high at the front and 3.7m high at the rear and located approximately 22m to the south-west of the applicant’s house. 1.2 In addition to constructing the new building, the application also includes a retrospective part, namely that the applicant has already extended the curtilage of the house to the rear so that he can park his vehicles from public view. The existing access off the adjacent road is used to serve the property. The extension to the residential curtilage of the house is located to the rear of the house itself and includes a plot of land measuring approximately 20mx20m with a gravelled surface. This curtilage is used to park the applicant’s cars. 1.3 In accordance with the requirements of TAN 12 on “Design”, a design and access statement was submitted, supporting the application based on the five statutory headings. It is explained in the statement that the new garage will replace a smaller building and will be used by the applicant to undertake maintenance work on his cars and tractors; some of which are classic vehicles. It is believed that the content of the statement reflects the nature and the 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, standard of the existing road network and traffic calming measures. 2.3 National Policies: TAN 12 on “Design” (June 2009). 3. Relevant Planning History: 3.1 Alongside this particular application, an application was submitted to erect an agricultural shed and keep agricultural machinery and equipment on the north-west plot in the property under reference number C12/0121/17/LL. This application has now been withdrawn by the applicant given concerns regarding the overdevelopment of this open land adjacent to the applicant’s property. The applicant has been advised to relocate the tractor and agricultural equipment shed near the construction on the highest part of the site in order to reduce the impact of the new building on the landscape. However, for this to be possible the pig sties located along the southern boundary of the site will have to be demolished in order to make room for the new building and the associated turning area in the yard. This matter is currently in the hands of the applicant’s solicitor and Glynllifon Estate. If this application is approved, it is recommended that the applicant be advised to tidy the open land in order to protect the visual amenities of the area as no specific period has been confirmed as to when the pig sties will legally be in the applicant’s ownership. 4. Consultations: Community/Town Council: No objection; however, members assume that the buildings are outside the boundary of the community council. However, it is confirmed that the site is within the boundary of Llandwrog community council, not Llanllyfni. Environment Agency: Low risk to the environment. Welsh Water: Not received. Public Protection Unit: Not received. Public Consultation: A notice was placed on the site and the owner of nearby land was informed. The consultation period ended on 09.05.12 (amended plans) and five letters / correspondences were received objecting to the application on the following grounds: The application includes a property which is not in the applicant’s ownership (the pigsty currently used by the applicant as a storage area/garage). The land surrounding the application site is in the ownership of Garthdorwen and any developments on this site could have a detrimental impact on the Garthdorwen agricultural holding. The existing garage does not have planning consent. The applicant has already felled some trees prior to erecting the existing building, contrary to what is stated in the application forms. This does not comply with the Welsh Government’s strategy. Oil must be disposed of and oil spillages must be managed without polluting nearby land – confirmation has been received that any oil/liquid is collected by a specialist company from Liverpool. It is said that a private road serves the site; however, this is not completely accurate as the occupiers of Garthdorwen have a right of way along this road. Erecting the building will not contribute towards the local economy. This is not an application to redevelop an established building as the existing building is new. Erecting this new building will not do anything to improve the image of the site. The proposal is contrary to the requirements of Policy C1 of the Unitary Plan as it involves erecting a building on land that was originally green land in the countryside. The proposal does not involve erecting a building in a sustainable way. There is no evidence to confirm that the proposal protects water resources, in particular disposing of surface water. There is no evidence to confirm that the proposal will not have a detrimental effect on visual amenities and the environment. As Tafarn Tudor is not part of the working farm, it is believed that unnecessary vehicle transportation will be needed to serve the proposal. There is no shed in the area that is similar to the applicant’s shed based on size and character. It is alleged that the applicant owns nearby land where livestock is kept. There is no reference to this land in the application. The fence included in the plans (to the north of the house) is not on land in the applicant’s ownership. The application is contrary to the land use strategy included in the Gwynedd Unitary Development Plan. Approving this proposal would have a detrimental and undetermined effect on the natural environment and character of the area’s landscape. As a result of receiving these objections, amended plans were submitted removing the part of land not in the applicant’s ownership from the planning application, along with other changes requested by the Local Planning Authority. The objectors were re-notified and a letter was received confirming that the original objections remained valid and that there were sufficient reasons to refuse the application and demand that the applicant demolishes the existing building which has not been granted planning approval. 5. Assessment of the material planning considerations: The principle of the development – the proposal is to build a shed / garage for the personal use of the applicant to maintain vehicles in a rural area located between the village of Groeslon (to the north) and Penygroes (to the south). No residential dwelling is located near the site, despite the fact that an agricultural unit is located adjacent to the site known locally as Garthdorwen and a tenant there farms the land surrounding the application site. In principle, it is believed that the proposal is acceptable subject to imposing relevant conditions including restricting the use to ancillary use for Tafarn Tudor itself.
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