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.

Visual amenities – the new building will be larger than the existing building; however it will be located on the footprint of the existing building in the south-western corner of the site. Adjacent to the site are the buildings of the Garthdorwen agricultural unit. The site is partially concealed from the trunk road (to the west) and to the north along the former trunk road leading to Penygroes. The site can be seen sporadically (including retaining the new extension within the curtilage) and taking into account that its size and design reflects similar designs permitted in the countryside for agricultural uses it is believed that the proposal is acceptable based on its impact on the visual amenities of the area and complies with the requirements of Policy B22 (building design) and B23 (safeguarding the amenities of the local neighbourhood) and C1 (locating new development) of the Unitary Plan.

General and residential amenities – the property is located in the countryside with the buildings of an agricultural unit adjacent to the site; however, this holding does not include a farmhouse. Taking the scale of the application into account, it is believed that the proposal does comply with the requirements of Policy B22, B23 and C1 of the Unitary Plan.

Transport and access matters – it is proposed to use the existing access off the main road between Groeslon and Penygroes and it is not believed that the development will have an unacceptable effect on road safety based on its scale and nature. It is believed, therefore, that the development complies with the requirements of Policy CH33 of the Unitary Plan regarding safety on roads and streets.

The response to the public consultation – it can be seen above that a number of objections have been received following the submission of the application. It should be noted here that the objections have been received from the owners of the land surrounding the site rather than from the occupants of nearby dwellings. A number of the matters raised are civil matters (relating to land ownership) between the applicant himself and the owners of the nearby land. However, the other points raised by the objectors are acknowledged; however when weighing them up it is believed that the development is acceptable subject to the inclusion of relevant conditions. Reference is also made here to the advice included in Planning Policy Wales which states that imposing conditions on planning approval is a way of allowing many development proposals to go ahead when planning approval would otherwise need to be refused. Making appropriate use of conditions can improve the quality of a development and nurture the public’s confidence in the conclusions of the planning system. In this case, it is believed that the Local Planning Authority has considered these objections as material considerations when preparing a recommendation for this application.

6. Conclusions:

6.1 Taking into consideration the above observations, it is believed that the application is acceptable based on its location, scale, use, materials and nature.

7. Recommendation:

7.1 To approve – conditions -

1. in accordance with the plans. 2. restrict the use to ancillary use for Tafarn Tudor. Number 2 Number: 2

Application Number: C12/0377/39/LL Date Registered: 18/04/2012 Application Type: Full - Planning Community: Llanengan Ward: Llanengan

Proposal: DEMOLITION OF EXISTING HOUSE AND CONSTRUCTION OF NEW HOUSE AND GARAGE Location: MACHLUD HAUL, CILAN, PWLLHELI, LL53 7DB

Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:

1. Description:

1.1 An application to demolish an existing two-storey dormer dwelling and replace it with a new larger dwelling and garage. The footprint of the existing dormer dwelling, which is on various levels, is approximately 120m² and the footprint of the proposed dwelling in comparison measures approximately 162m² with a separate 25m² garage. The plan submitted to Committee is an amended plan dated 25 May 2012, which incorporates changes made to the design of the dwelling. Situated within 9m to the east of the property is another dwelling, namely ‘Rewig’ which is a low cottage with a small annex to the rear, and both properties lie in an open and visible location in the landscape. Access to the property is via a single vehicular track which also serves three other properties; the track also serves as public footpath. The property is located within an Area of Outstanding Natural Beauty and Heritage Coast.

1.2 A Design and Access Statement, Structural Report and Sustainable Homes Report were submitted as part of the application.

1.3 The application is being submitted to Committee as three objections have been received.

2. Relevant Policies:

2.2 Gwynedd Unitary Development Plan 2009:

B8 – THE LLŶN AND ANGLESEY AREAS OF OUTSTANDING NATURAL BEAUTY (AONB) Safeguard, maintain and enhance the character of the Areas of Outstanding Natural Beauty by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features of the site. B9 HERITAGE COAST - Refuse proposals for any building or structure on the heritage coast unless they can conform to a series of criteria aimed at avoiding significant damage to recognised features.

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

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 high standard and in-keeping with the character and appearance of the local area.

C7 - BUILDING IN A SUSTAINABLE MANNER – Proposals for new developments or for adapting and changing the use of land or buildings will be refused unless consideration is given to specific environmental matters. Proposals must conform to specific criteria relating to building in a sustainable manner, unless it can be demonstrated that it is impractical to do so.

CH13 – DEMOLITION AND RECONSTRUCTION OF DWELLINGS IN RURAL VILLAGES AND IN THE COUNTRYSIDE – Proposals to demolish a dwelling or dwellings that are in poor condition in rural villages or in the countryside and to develop new living units on the site will be approved provided they conform to the criteria which involve the condition of the building to be demolished, and the location, density and design of the new building.

CH33 SAFETY ON ROADS AND STREETS – Development proposals will be approved provided they comply with 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, 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 guidance. Consideration will be given to the accessibility of public transport services, the possibility of walking or cycling from the site and the proximity of the site to a public car park. In circumstances where there is an assessed need for off-street parking and when the developer does not offer parking facilities on the site, or where it is not possible to take advantage of the existing parking provisions, proposals will be approved provided the developer contributes to the cost of improving the accessibility of the site or providing the number of necessary parking spaces on another site nearby.

2.3 National Policies: Planning Policy Wales (Edition 4, February 2011) Technical Advice Note 12: Design Technical Advice Note 22: Sustainable Buildings

3. Relevant Planning History: 3.1 No recent planning history.

4. Consultations:

Community/Town Council: Overdevelopment on a very visible site on the top of a hill.

Footpaths Officer: The Countryside and Access Department is anxious to ensure that public footpath number 24 in Llanengan is protected during and at the end of this development.

AONB Officer: Machlud Haul is situated in a fairly prominent location at the side of the road in the Cilan area. It is situated within the Llŷn Area of Outstanding Natural Beauty (AONB). The AONB is protected by national and local policies. The dwelling is a mid twentieth-century dormer bungalow which boasts no architectural qualities or historical character. A flat-roof garage is situated to one side of the dwelling. There is no objection in principle to demolishing it and replacing it with a new more energy efficient two-storey dwelling on the site. The choice of materials is supported – local stone, render, slate roof, and timber windows and doors. However, there is concern regarding the plan and the design of the proposed development, and how it will be in-keeping with the area and AONB. The building is substantially larger than the original and as a result will be more prominent in the landscape. As regards the frontage – it has no settlement pattern, the type of dormer is not a local feature and there is an excessive use of glass. It is considered that a smaller development, with a more traditional design, would be more suitable in terms of the AONB so as to be more in-keeping with other dwellings in the area.

Welsh Water: Suggest that the Environment Agency be contacted as it is a private treatment system that is used.

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The consultation period for the amended plan ended on 6 June 2012 and two letters were received objecting to the application on the following grounds:  The dwelling too large – an overdevelopment of the site  Not in-keeping with neighbouring properties  Concern regarding overlooking  A larger dwelling would mean more people and more noise  More traffic  Concern regarding the height of the roof ridge  Prominent in the AONB 5. Assessment of the material planning considerations:

Principle of the development 5.1 Policy CH13, which is the main policy in assessing the principle of the development, states that proposals to demolish a dwelling in a poor condition in the countryside and to replace it with a development of new residential units, will be approved subject to compliance with five relevant criteria.

5.2 Criterion 1: The existing property was used as a dwelling until comparatively recently; therefore, according to planning law, it remains a dwelling house and meets the first criterion.

5.3 Criterion 2: It is not feasible to repair, convert or extend the existing building without total or substantial reconstruction, and perhaps a structural report would be required to support the application. The building stands in a coastal location which is very open to the elements, and obvious signs of damp and condensation within the dwelling were noted during a site inspection, with mould on internal walls and doors. The structural report submitted with the application states that the property has a number of defects, including a lack of insulation, damp, rot, cracks, condensation, leaking roofs and the need to upgrade services and carry out substantial internal restructuring work. The report states that the external walls lack insulation and show poor structuring work which is beyond repair. Internally, the layout is inferior and requires substantial repairs and refurbishment. They sum up by stating that the property is partially sound but that there are substantial defects in the condition of the building which would be costly to repair and restore. Reconstructing using modern methods and materials suitable for such a site would be more sensible and provide a quality sustainable building. It can therefore be argued that the building’s condition means that it is not feasible to repair it and that there is justification for constructing a new replacement house, which meets criterion 2.

5.4 Criterion 3: That the new unit will be located on the site of the original unit or as close to it as possible. Most of the proposed dwelling is to be positioned on the footprint of the existing; however, it is noted that the dwelling leans at an angle and is diagonal to the existing so as to take full advantage of the views towards Porth Neigwl. No significant problems are anticipated as a result of this minor change and its position is considered to be similar enough to the original to comply with the requirements of criterion 3.

5.5 Criterion 4: That the density of the new development will remain the same as the density of the original, or in exceptional circumstances that there is a strong case to justify lower density: The intention is to replace one dwelling with another, therefore there will be no change in density in that respect. It is noted that objectors are concerned about the increase in the size of the proposal. However, although it is larger than the existing dwelling in terms of its size and footprint, the increase is not substantial, significant or unreasonable bearing in mind that an application to build an extension or garage would be likely to be acceptable. The proposal, therefore, complies with criterion 4.

5.6 Criterion 5: That the new building would not lead to a building which is incongruous with the original in terms of its size, scale or design insofar as maintaining or enriching the character of the local area: Concerns were raised in relation to the original plan as it was considered that the first floor appeared bulky, with high walls and eaves giving the impression of a high house. Some of the concerns regarding the original design also state that the house appears to be large and an overdevelopment. The amended design has sought to respond to our concerns by introducing changes to the slope of the roof, lowering the eaves to make them more similar to the existing dormer dwelling and making minor changes to the layout of the windows and introducing dormer windows to the front. It is considered that the changes ensure a more well-proportioned building to reflect the original in terms of size and design; however, there are still objections to its design. It is noted on the application form that it is proposed to introduce stone and render to the finish, which would be an improvement visually and would enrich the character of the local area. Bearing in mind that the existing property boasts no architectural value and makes no positive contribution to the surrounding area, it is considered that the design is an improvement and that the materials are more sensitive to this open location and meet the objectives of criterion 5 of Policy CH13.

Visual amenities 5.7 The existing dwelling is of no important architectural value and does not enrich or make a positive contribution to the visual amenities of the area. The open nature of the location means that the existing building, as the proposed, is visible from the adjacent public footpath and at a distance from the county road. Whilst the AONB Officer’s observations regarding the design and use of glass are noted, it is not considered that the proposed dwelling is substantially larger or stands out any more than the existing. It that respect, it is considered that the design and proposed materials are certainly an improvement, offering a mix of slate, stone and render to the finish which would be more sensitive to the surrounding area and offer better integration into the landscape. It is considered that the amended design respects the surroundings without adversely affecting or harming the character of the landscape, and it is therefore considered that it meets the requirements of Policies B8, B9, B22 and B25 of the GUDP.

General and residential amenities 5.8 The design gives consideration to the amenities of the most adjacent property, namely Rewig, with only small windows providing light to the corridors and stairs facing it, which is an improvement on the current situation. No response to the application has been received from the residents of that property. It is noted that two objections have been received from neighbouring residents regarding the impact on their amenities. Concerns were raised by one in relation to the height of the roof of the new property, and that large windows facing Porth Neigwl would be likely to overlook his property. The ridge of the roof would not be any higher than that of the existing property, and bearing in mind that it is over 300m and three fields’ distance away from the objector’s property, overlooking is not considered to be a problem. Another objector states that a larger dwelling would mean more visitors and therefore more noise and traffic. It must be remembered that there is already a dwelling on the site; therefore, it is not considered that it will significantly change the present situation. The reasons given do not merit refusing the application and it is not considered to be contrary to Policy B23.

Traffic and access matters 5.9 No change to the property’s vehicular access is indicated and the parking provision within the curtilage is adequate. The Transportation Officer had no observations to offer on the application; therefore it is considered that the proposal meets the requirements of policy CH33 and CH36. It is noted that a public footpath runs alongside the vehicular track, but since no work is proposed to the access it is not considered that there will be any effect on the path.

Sustainability matters 5.10 Certainly, the condition of the existing dwelling is not sustainable, and in that respect, by demolishing it and replacing it with a new building, it will be possible to ensure a much more efficient and sustainable development in terms of energy, waste recycling and materials. A Code for Sustainable Homes report was submitted with the application which shows that it is anticipated that the proposed dwelling would reach Level 3 of the Code. Conditions will be required, if the application is approved, to ensure that the finished house reaches Level 3, and provided this is done, the proposal is considered to be acceptable as regards Policy C7 of the GUDP in relation to building in a sustainable manner.

6. Conclusions:

6.1 6.1 Having weighed up the proposal in the context of the relevant policies and the objectors’ arguments, it is considered that the proposal is acceptable for approval. The location, density and increase in size are reasonable and the design and materials are an improvement for an open site of this type. Bearing in mind that there is already a dwelling on the site there will be no substantial change to the landscape of the AONB or any significant substantial impact on the amenities of nearby residents. In light of the above, and having given full consideration to all material planning issues, it is considered that this proposal is acceptable and that it complies with the requirements of the aforementioned policies.

7. Recommendation:

7.1 To approve – conditions 1. Commencement within five years 2. In accordance with the amended plans 3. Slates on the roof 4. The type of stone and finish to be agreed 5. Sustainable homes code conditions 6. Withdrawal of permitted development rights Number: 3 Number 3

Application Number: C12/0378/34/LL Date Registered: 16/03/2012 Application Type: Full - Planning Community: Clynnog Ward: Clynnog

Proposal: FULL APPLICATION FOR THE ERECTION OF A SECOND 50KW WIND TURBINE ON A 24.8 METER TOWER, TOTAL HEIGHT OF 34.4 METERS TO THE TIP OF THE BLADE Location: DERWIN FAWR, GARNDOLBENMAEN, GWYNEDD, LL519LZ

Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:

Description: This application was submitted to the Planning Committee on 18 June 2012 where it was decided to approve the application subject to relevant conditions, however, as the statutory consultation had not ended and that further observations have since been received from the Countryside Council for Wales, the application must be re-submitted to the Planning Committee.

The application relates to erecting a second 50 kw wind turbine on a 24.8m tower with a total height of 34.4m to its tip (including the blades). Due to the nature of the landscape the first turbine is 0.2m lower as the landscape is slightly higher. The turbine colour has been noted as off-white but the exact colour can be controlled by means of a planning condition if necessary. A small equipment cabin is shown at the foot of the turbine and that would be painted green.

The site is located nearby a public footpath and is within 440m of the Derwin Fawr residential property, the next house is 520m away and there are dispersed houses further away. It is a rural agricultural area and 50m high electric pylons are prominent in the landscape (running from north to south).

A Class 3 Road, Lôn Eifion and the A487 Trunk Road are nearby. The site’s prominence from these places varies due to local topography and landscape features including the pylons. There are many public footpaths surrounding the site that run along the higher ground in the site’s vicinity.

Snowdonia National Park is located approximately 1km to the east beyond the A487. There is no other neighbouring land designation and the AONB is over 3km away.

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

Gwynedd Unitary Development Plan 2009:

Strategic Policy 1 – To use the precautionary approach Strategic Policy 2 – The Natural Environment

Strategic Policy 4 - Design Standards

Strategic Policy 9 – Energy

Strategic Policy 17 – Tourism

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

POLICY B14 – PROTECTING THE LANDSCAPE CHARACTER OF SNOWDONIA NATIONAL PARK Protect the landscape character of Snowdonia National Park by refusing proposals which are visually obtrusive and/or are located insensitively and unsympathetically within the landscape.

POLICY B33 – DEVELOPMENTS THAT CREATE POLLUTION OR NUISANCE Protect human amenities, health quality 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 that relate to the effect on the visual quality of the landscape and environmental and social factors.

National Policies:

Planning Policy Wales (February 2011)

Technical Advice Note (TAN) 8 - Renewable Energy

TAN 11 – Noise

LANDMAP Information Guidance Note, Countryside Council for Wales Number 3 – Using Landmap for visual assessment of onshore wind turbines (June 2010)

Relevant Planning History:

C11/0495/34/LL – one wind turbine approved subject to conditions.

C11/0888/34/LL – relocation of the wind turbine that was approved under reference C11/0495/34/LL – approved.

Consultations:

Clynnog Community Council No objection. Dolbenmaen Community Object on the grounds of the overdevelopment of a single site. Council:

Snowdonia National Park Due to the location and the nature of the proposed work I consider that the cumulative effect from the two turbines, and other proposed turbines in the area between the National Park and AONB boundary will be harmful to the amenities and views from the Park. There are concerns in relation to this area’s capacity to maintain more vertical elements (e.g turbines and pylons) in this landscape without impacting on the setting of the two designated areas. Due to the above reasons the National Park OBJECTS to the application.

BBC Spectrum Planning No objection. AONB Due to the distance from the AONB boundary, the presence of pylons and electric wires and that hills form part of the natural landscape it is not believed that the turbine concerned would be prominent from locations within the AONB neither would it impair on views towards the AONB.

Transportation Unit: No objection

Environment Agency: No objection

Welsh Water: Not received

CPRW Unlike the recent proposals for similar turbines nearby at Ysgubor Gerrig and Llystyn Canol, this site is further to the west of the SNP boundary and close to the line of pylons. Its wider landscape impact is also reduced by the local terrain. We do not consider that the addition of a second turbine at the same site would lead to a significantly increased landscape impact. Nevertheless, the erected turbine at Derwin Fawr appears to us more obtrusive to the naked eye than the photomontage that the earlier application suggested. We are concerned about the cumulative impact of turbines on the local landscape, arising from a series of applications for similar turbines. Are we to expect a sequence of further applications, leading in effect to a wind farm by stealth? We think that neither the public or Planning Authority are being given sufficient opportunity to judge the cumulative visual impact of these structures. The turbines proposed in this and similar applications cannot be defined as ‘small’. We urge that further decisions on medium and large turbines should be withheld until Gwynedd’s planning policy on these is clarified.

Public Protection Unit: No objection subject to appropriate conditions relating to noise levels.

National Grid Not received

Countryside Council: Object as there is concern regarding the cumulative impact of such developments on the landscape and therefore suggest that more information is needed in the form of work to assess the visual impact on the landscape and a map of the Zone of Theoretical Visibility for 10km before any further observations are suggested. NATS: Not received

OFCOM Not received

Crown Castle Not received

MOD Not received

AssetProtectionTeam Notreceived

Public Consultation: A notice was posted on site and nearby residents were notified. The advertising period has ended. Ten letters were received, and a petition with 6 signatories (some had also written in) objecting on the following grounds:  Turbines are out of character in the area  Adverse visual impact  A large and incompatible structure in a rural and agricultural landscape  Not a sensitive development  Impact on the area’s prominent views  Precedent  Noise impact on a nearby house  Impact on human and animal health  Impact on mobile phones  Substantial cumulative impact  Commercial enterprise

Additional Information: A Design and Access Statement and technical information were recived as part of the application together with photomontages. The proposal has been screened for an Environmental Impact Assessment under the Town and Country Planning Regulations (Environmental Impact Assessment) (Wales and England) 1999 (as amended). After assessing the likely impact of the proposal for a 34m turbine, 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.

Material Planning Considerations:

Principle of the development 1. TAN 8 considers the contribution of wind turbines to generating electricity to be 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.

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

3. 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 will be approved subject to all other material planning considerations.

Visual Amenities and the Landscape 4. Policy C26 of the GUDP is related to wind turbine developments. In accordance with this policy small scale or community or domestic wind turbine developments will only be approved provided that they conform with the criteria which are part of the policy.

5. In relation to this application, the criteria request that there will be no substantial adverse effect on the setting of Snowdonia National Park; that ancillary developments are designed in a suitable manner, that there will be no substantial adverse effect on the landscape or on nature conservation features; that there will be no effect on amenities such as noise or bright lights or shadows; that there will be no substantial electromagnetic intervention; a sufficient provision for decommissioning, restoring land etc. and no substantial harm to areas of archeological importance, are relevant to this application.

6. In this case, and in the context of Policy C26, it is not considered that there will be a substantial harmful effect on the setting of the National Park despite its, and the Countryside Council’s objection to the proposal. In this sense the site’s location is near existing pylons and nearby the existing wind turbine and therefore it can be argued that there is already an adverse impact. As a result there is a need to assess what would be the additional effect that would result from the proposal. On this basis it is not believed that the additional effect as a consequence of placing a second wind turbine in this location would cause substantial adverse effect on the setting of the National Park. It is not believed that providing more information as suggested by the Countryside Council for Wales would present any new informaion or consideration that would change the above opinion.

7. In the same way, it is not believed that the proposal is likely to harm the Park’s special character and features by causing significant visual intrusion and/or being insensitively sited and not in keeping with the landscape, as is noted in Policy B14. This is based on the fact that the turbine's visual influence is quite limited due to its location near the pylons and the present turbines, along with the ability to blend into the surrounding landscape. The National Park boundary lies to the east of the site and the turbine can be seen in the context of the A487(T), farms and dispersed houses and the National Grid’s row of pylons. Any likely visual effect the turbine would have could also be reduced by painting it grey. Also for these reasons it is not believed that a second turbine on this site would probably lead to an unacceptable cumulative effect in the area.

8. In terms of the remaining criteria there will be no additional developments apart from a small equipment cabin and there is no request for a compound or large storage area; there are no nature designations nearby and neighbouring houses are at least 440m away and it is not considered that they are likely to endure bright lights or shadows. Noise levels and assessments can be stipulated in conditions in order to control the situation, this will be discussed once more in the amenities assessment. Following consultation, it is not considered that there will be an electromagnetic effect/interference; decommissioning and land restoration can be stipulated in conditions; it is not believed that there will be any adverse impact on areas of archeological importance as there are no local designations.

9. Due to the nature of the proposal it is obvious that it will be visible from many places and from public roads but due to its location near a row of approximately 50m high pylons, one existing wind turbine and with a hill as a backdrop, it is not believed that there would be any negative adverse effect on the landscape’s visual amenities other than what already exists.

10. Due to the above it is not believed that the proposal is contrary to Policies C26 or B14 of the UDP.

Noise, Shadow Casting and Residential Amenities 11. The nearest residential property apart from the applicant’s property, is more than 500m away from the application site, there are other dispersed houses in the area. The Public Protection Department has responded to the consultation by stating that there are no objections and also suggests appropriate conditions concerning noise. As a result, it is not presumed that any unacceptable noise effect will emanate from the application but noise levels can be stipulated by means of a relevant condition as part of the approval. In addition to this, and because of the proposed turbine’s size and distance from the nearest houses it is not believed that there will be any disturbance due to shadow casting.

12. On this basis it is not considered that the proposal is contrary to Policy B23, B33 or clause 4 of Policy C26.

Ecology and Biodiversity 13. The land has not been designated as having any biodiversity value and no observations have been received from the Countryside Council for Wales. Therefore, it is not considered that there will be any adverse impact on wildlife as a consequence of this development.

Highway Safety 14. The Transportation Service is of the opinion that the development would not have an adverse impact on any roads. It seems that there will be some heavy traffic during the construction period but subsequently the proposal is unlikely to result in any unacceptable addition in traffic to or from the site.

Electromagnetic Impact and Transmitting Systems 15. There is no objection to the development from responding organisations that safeguard the interests of transmitting systems and therefore, it is not considered that there will be any adverse impact on such systems and the proposal is considered acceptable in respect of criteria 5, Policy C26 of the UDP.

Public Consultation

16. It is considered that the matters that have arisen as a result of the consultation period have received consideration within the above assessment.

Conclusions: 17. Due to the nature of these types of developments it is very difficult to integrate them in the landscape. It is therefore necessary to carefully weigh up any impact on the landscape against economic interests along with the national aim of promoting renewable energy generating developments.

18. In order to mitigate the turbine’s effect on the landscape it is believed that a condition to ensure that the turbine is of a dull grey colour is apropriate and relevant and this will ensure that it will blend in better with the pylons and in the landscape. 19. Due to concern 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 or not within a relatively short (but reasonable) period.

20. Having considered all the policies and relevant planning matters it is not believed that the development will have a substantial negative effect on the landscape or on the neighbouring National Park 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.

Recommendation:

Approve –

1. commence work within two years 2. in accordance with the plans 3. grey colour and the first turbine to be painted the same 4. noise 5. blades to move in the same direction 6. decommissioning Number: 4 Number 4

Application Number: C12/0477/19/LL Date Registered: 16/04/2012 Application Type: Full - Planning Community: Y Bontnewydd Ward: Y Bontnewydd

Proposal: ERECTION OF A TWO-STOREY AFFORDABLE DWELLING (FOLLOWING THE WITHDRAWAL OF OUTLINE APPLICATION REF NO C11/0640/19/AM) Location: THE WORKSHOP, DÔL BEUNO, Y BONTNEWYDD, CAERNARFON, GWYNEDD, LL552UE

Summary of the Recommendation: TO APPROVE SUBJECT TO CONDITIONS

1. Description:

1.1 This is an outline application to demolish the existing single-storey workshop and replace it with a two-storey house within an established residential estate named Dôl Beuno in the centre of the village. On the ground floor there will be a lounge/dining room, bathroom and kitchen at the rear with two bedrooms on the first floor along with a small study and bathroom. Its appearance will be of a two-storey house with a height of 6.5m at the front which is lower than the house next door (no. 20 Dôl Beuno) and 6.1m at the rear and it will have a slate pitched roof. It will be 5m wide at the front and 3.5m at the rear (which faces the primary school). There will be a small garden at the rear as amenity space for the occupants of the proposed house.

1.2 To the north of the site there is an unclassified county road which serves the properties of Dôl Beuno; to the east there is a store and the Golden Cod shop; there is a third class county road to the south which links the village with Lôn Pant and the house known as 20 Dôl Beuno is to the west.

1.3 The shape of the house more or less follows the shape of the existing site/workshop with pedestrian access from the Dôl Beuno estate road. There is a parking space for one vehicle in front of the site (although not in the applicant’s ownership); it is currently used for the applicant’s work vehicle. The house is described as an “affordable house” by the applicant bearing in mind its size and design, although there is no intention to secure this through a 106 agreement.

1.4 In accordance with the requirements of TAN 12 on “Design” (June 2009) an access and design statement was submitted with the application, referring to the five statutory headings. It is believed that, in this case, the content of the statement reflects the nature and the scale of the proposal.

1.5 Details were submitted also regarding the Level 3 Sustainable Homes Code assessment in accordance with the requirements of the Sustainable Homes Code: Technical Guidance April, 2009.

1.6 This latest application was submitted after the original application was withdrawn after it was submitted to the Committee in October 2011. In addition, reference is made here to the Unitary Plan’s policies regarding the design of buildings (Policy B22), the amenities of the local community (Policy B23), locating new developments within development boundaries (Policy C1), building new dwellings on unallocated sites within the development boundaries of villages (Policy CH4) as well as a reference to the advice included in the TAN 12 document on “Design” (June, 2009) and TAN 22 on “Planning for Sustainable Buildings” (2010). It is also noted that this latest application is a detailed application rather than an outline application as was previously submitted.

1.7 The original application was withdrawn from the June Committee as some aspects of the proposal needed to be changed. By now, the level 3 code sustainability assessment has been amended to reflect the latest proposal which includes removing the rear part of the proposed house which protruded out towards the road and the primary school bearing in mind the amenities of the occupants of no.20 Dôl Beuno and the restricted site. The reduction in the footprint of the proposed house also means that the amenity space at the rear of the house increases in the interests of the applicant in his attempt to reach the aim of ensuring that the house satisfies the requirements of the level 3 code.

2. Relevant Policies:

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

POLICY CH33 – SAFETY ON ROADS AND STREETS Development proposals will be approved 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 development, extensions to existing development 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.

2.3 National Policies:

TAN 12 on “Design” (June 2009) and TAN 22 Planning for Sustainable Buildings (February, 2011).

3. Relevant Planning History:

3.1 Application no. 3/19/63 – Change of use of garage to be carpenter’s workshop - approved in September, 1988.

3.2 Application no. 2/4/B938 – Erection of garage for storage use and to keep a former Arfon Borough Council van - approved in 1966.

3.3 Application no. C11/0640/19/AM – erection of a two-storey affordable dwelling, withdrawn by the agent after it had been before the Planning Committee in October, 2011. The officers’ recommendation was to approve the application subject to relevant conditions.

4. Consultations:

Community/Town Council: Object based on an overdevelopment of the site, site not ideal for a house considering that the area is already busy and problems regarding sewage in the area.

Transportation Unit: Not received.

Environment Agency: Low risk to the environment.

Welsh Water: Standard conditions regarding the disposal of surface/foul water.

Public Protection Unit: Not received. Public Consultation: A notice was placed on the site and neighbouring residents were informed. The advertising period will come to an end on 18.05.12 and three letters / correspondences were received at the time of writing this report objecting to the application on the following grounds:

 Affecting the residential amenities of neighbouring houses on grounds of disturbance, that the proposed house is a mask and loss of privacy.  The estate cannot accommodate an additional house as the nearby roads network is already busy with users such as school children and the vehicles of local residents.  The proposed house will affect and intervene on the garden/curtilage of no. 20 Dôl Beuno.  The area is already busy due to the fish and chip shop attracting customers.  There are not enough parking spaces outside the site for a new house.  Sewage problems already exist in the area and approving the application would make the situation worse.  Impossible to build the house without interfering with land that is owned by the tenants of 20 Dôl Beuno.

5. Assessment of the material planning considerations:

Principle of the development 5.1 The principle of a residential development within the development boundary of the village is acceptable in terms of Policy C1 (locating new development) and CH4 (new houses on undesignated sites that lie within development boundaries) of the Unitary Development Plan (UDP) provided that it satisfies the criteria and all other material planning issues.

5.2 Visual amenities The elevations submitted with the application reflect the design of the houses around the site in terms of size, scale and architectural features such as rendered walls, natural slate roof and its shape which reflects the shape of the nearby roofs along with the design of the windows. It is, therefore, believed that the proposal is acceptable in terms of Policy B22 (building design) and B23 (building materials) of the UDP.

5.3 Residential amenities As noted in the aforementioned assessment, the site is located opposite a store to the east and a house (no. 20 Dôl Beuno) to the west which is at the end of a terrace of four houses. The house takes up the surface area of the front of the site as well as approximately 13m² of the rear (which is currently a plot of open grass). The house will follow the western boundary of the site which is also the boundary of no. 20 Dôl Beuno and, to this end, the requirements of the Party Walls etc. Act 1996 will be relevant (however, that will be a private matter). There is a void of 3.7m between the boundary wall of the proposed house and the gable of the house next door which has quite a narrow window on the ground floor and a similar window on the first floor (which are placed in the middle of the gable itself). In the western front gable of the new house there are two windows facing no. 20 on the first floor only which provide light for the bathroom and small study and these windows have been designed so as to be located higher than usual in order to reduce overlooking to no. 20 (it is possible to ensure that there will be no overlooking by imposing a condition that the study window should be of opaque glass permanently). At the rear there is a slightly larger window for the kitchen on the ground floor; however, the distance between both houses extends to 5m. The rear of the proposed house is located 1.5m closer to the rear road than the rear of no. 20. Despite the fact that the proposed house is close to no. 20 it is 800mm lower with the run of the roof going away from no. 20 and the front of the house reflecting the rear gable elevation of no. 20 (i.e. creating a gable shape). There already exists an element of general overlooking on the estate, bearing in mind the design and layout of the houses, which creates a close environment for this residential area and it is believed that erecting a house on this site will not worsen the situation substantially for no. 20 or other neighbouring houses to such an extent where there would be no option but to refuse the application.

5.4 As referred to above, the proposed house is a two-storey house which reflects the design of neighbouring houses in terms of height and size and such a design on infill sites could cause concern regarding creating a mask for the residents of neighbouring houses on the grounds of their proximity to those houses. This situation usually arises as it casts a shadow over a neighbouring property. In this case, it is believed that some shadow will be cast on the side garden of no. 20 although some shadow already exists from the workshop. The new house will not detrimentally affect the living rooms of no. 20 as the majority of the living room windows are at the rear and front of the property and the new house will not cast a shadow over them (using 45 degrees angle in accordance with the British Standards Code of Practice). However, the narrow windows of the gable of no. 20 will be darkened somewhat by a shadow from the new house but it is not believed that this loss is significant to such an extent where there would be no option but to refuse the application. Taking into consideration the above comments, it is believed that the proposal complies with the requirements of Policy B23 of the UDP.

5.5 Traffic and Access The access to the site is through an existing opening to the rear of the estate from an unclassified road which is then linked to a third class county road. Although there is no private parking space on the estate road connected to the site, for the last twenty years, the applicant has used an empty space in the front of the site to park his vehicle. The size of the house and the number of bedrooms means that only one parking space is needed and this can be provided without affecting the adjacent road. Although the Highways Unit acknowledges that the site is small they have also proposed highways conditions. However, as there is no room within the site for parking and turning these conditions can not be included in the permission. It is also acknowledged that a large number of local residents already park along the side of the road. It is, therefore, believed that the proposal is acceptable in terms of the requirements of Policy CH33 (safety on roads and streets) and Policy CH36 (private car parking facilities) of the UDP.

5.6 Response to the public consultation It is seen from the information above that several local neighbours have objected to the application on grounds of the suitability of the site and the adjacent roads to accommodate a house. Although the reasons for objecting to the application are material and relevant it is believed, after consideration, that the proposal will not have a significant impact on the amenities of local residents nor on road safety and the area's infrastructure.

5.7 Relevant planning history Permission was granted back in 1988 for the original garage to be used as a carpenter’s workshop and prior to that the garage was used as a store and garage to keep a former Arfon Council van. Therefore, it is seen that commercial use has been made of the site since the mid-sixties without restrictions on hours of work from the building itself. It is believed that the proposed residential use is a suitable use for the site and is more in keeping with the residential area than the use currently made of the site.

5.8 Affordable Housing Policy CH4 of the UDP states that proposals to build new houses on unallocated sites within the development boundaries of villages will be approved provided that a percentage of the units are affordable. In this case, bearing in mind that only one house is proposed as well as the restricted size and design of the house, it is believed that it is not reasonable to request a Legal agreement to bind the house to be an affordable one.

6. Conclusions:

6.1 Taking into consideration the above assessment, it is believed that the proposal is acceptable in terms of its location, scale, design, road safety, visual amenities and the amenities of local residents. And having given detailed consideration to the objections to the development I am not of the opinion that there are material planning considerations outweighing the presumption to approve the development.

7. Recommendation:

7.1 To approve - conditions 1. commencing the work/submitting full details 2. withdrawing permitted development rights 3. slates 4. sustainability 5. Welsh Water conditions Number 5 Number: 5

Application Number: C12/0519/11/LL Date Registered: 26/04/2012 Application Type: Full - Planning Community: Bangor Ward: Garth

Proposal: APPLICATION FOR THE CONVERSION OF EXISTING RESIDENTIAL CARE HOME INTO HOUSE OF MULTIPLE OCCUPATION FOR STUDENT ACCOMMODATION. Location: NANT Y GRO, GARTH ROAD, BANGOR, GWYNEDD, LL57 2RT

Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:

1. Description:

1.1 This is an application to convert an existing residential care home into a house of multiple occupation for students.

1.2 The site is located along Garth Road opposite the playing fields and within an area which is a mix of offices and residential houses. The site is located on a slope and a suitable cartilage surrounds the building. The building is two-storey in essence; however, there is a part at the rear which is single-storey only on the first floor level. There are parking spaces in front of the property; however, it is not clear from the plans how many vehicles it could accommodate. The proposal does not include any external alterations.

1.3 Until recently, the building has been used as a residential care home for the elderly and facilities include eight individual bedrooms with en-suite bathrooms. The building also has one main kitchen and associated storage on the ground floor along with a small kitchen on the first floor. There are also associated living rooms on the ground floor. An associated self-contained flat for the home manager is also located above the double garage.

1.4 It is proposed to change the use of the building for accommodating students in a ten bedroom house of multiple occupation. The internal alterations include converting two existing living rooms into two individual bedrooms with en-suite bathrooms along with converting one of the bedrooms on the first floor into a kitchen (meaning that there will be two kitchens on the first floor). The flat above the garage will continue as a two bedroom unit.

1.5 Additional plans were received showing the location and design of the proposed bin storage to be installed between the property and the highway on the site boundary with the neighbouring property, known as 1 Erw Fair. The store measures 3m x 1m and 1.5m high, and is entirely constructed of a galvanised wire network.

1.6 The plans also confirm the number and location of parking spaces within the site. It appears from the plans that the garage will remain as a garage and that three general parking spaces will be provided as well as one space for the disabled within the site. 1.7 The Design and Access statement has been updated in order to refer to Garth Road rather than Caernarfon Road. As part of the statement, the agent has submitted a copy of the rules for prospective residents.

2. Relevant Policies:

2.2 Gwynedd Unitary Development Plan 2009:

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

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

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

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

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

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

POLICY CH14 - CONVERSION OF DWELLINGS INTO FLATS, BED-SITS OR MULTI- OCCUPANCY DWELLINGS Approve change of use of dwellings/residential buildings into flats, bedsits or multi- occupation dwellings provided they there is no negative impact on the social and environmental character of the area.

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

POLICY CH36 – PRIVATE CAR PARKING FACILITIES - Proposals for new development, extension of existing development 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 distance from the site to a public car park.

POLICY CH38 – SAFEGUARDING EXISTING FACILITIES – Proposals to change the use of buildings used to provide educational, health and community facilities will be refused unless they conform to a series of specific criteria related to the need within the community for the existing service, availability of similar facilities within reasonable distance, the viability of the existing service and also considerations related to the environment and amenities.

2.3 National Policies:

Planning Policy Wales - Fourth Edition (February 2011) TAN 12 Design

3. Relevant Planning History:

3.1 None.

4. Consultations:

Local Member: Object on the following grounds: 1. The detrimental effect of another house of multiple occupation for students on the residents and the Garth community. 2. The detrimental effect of more student accommodation in an area where a large number of houses of multiple occupation for students already exist. 3. Detrimental effect as a result of a lack of parking spaces in an area where there is a general shortage of parking spaces. 4. The need for Nant y Gro as a residential home for the elderly has not changed other than the residents requiring en-suite facilities. Also, if one of the residents was ill he/she had to be moved to a specific care home or the hospital and this was a cause of concern. The home did not provide vacant rooms for visitors. It would be sensible to use the building as residential accommodation for the elderly in more self-contained units.

Community/Town Council: To refuse i) the Town Council is of the opinion that the parking provision within the site for the 12 proposed units is unsuitable. This will result in people parking on the street in the area and result in a detrimental effect on the character and amenities of the area. ii) The proposed kitchen and amenity areas are limited and sub-standard and, therefore, would have a detrimental effect on the proposed residential amenities. iii) There is no appropriate provision for the disposal of waste in the development and this could cause a serious detrimental effect on the amenities of neighbouring areas.

Transportation Unit: I refer to the above application and wish to state that I do not intend to submit a recommendation as it is supposed that the proposed development would not have a detrimental impact on any road or proposed road. No objection to the proposal – central location with regular public transport connections nearby. Would it be possible to consider having the applicant pay for new bus shelters for the two bus stops near the site?

Environment Agency: Standard advice

Welsh Water: No response

Access Officer: I acknowledge what is proposed as noted in the access statement attached that the en-suite rooms on the ground floor are suitable for wheelchair users. However, I would like to make the following observations:- 1. Bathroom:- I assume that it complies in full with British Standards BS 8300 : 2009 or similar (this is not clear when looking at the enclosed plan) also there should be a choice of bath and shower provided. 2. External and internal stairs - I assume that a handrail will be provided on both sides of the stairs along with contrasting material placed on the top and in front of every step to make them obvious when going up or down. (there is no reference to this on the enclosed plan). I would be grateful if you would draw the attention of the applicant and his agent to this.

Senior Manager Waste and Note that the developer needs to ensure that there is adequate room to Commissioning: keep the waste/food waste and recycling boxes safely.

Public Protection Unit: The applicant will have to provide waste storage facilities for houses of multiple occupation.

Public Consultation: A notice was posted on site and nearby residents were notified. The first advertisement period ended on 08.06.2012 and one response was received from a local member from an adjacent ward objecting to the application on the following grounds:-

 No provision for the storage and collection of waste.

5. Assessment of the material planning considerations:

5.1 Principle of the development

5.1.1 General planning policies within the Gwynedd Unitary Development Plan support applications for reusing buildings within the development boundaries of local centres, provided that they are appropriately assessed.

5.1.2 Policy C1 of the Gwynedd Unitary Development Plan involves locating new developments, stating that the main focus of new developments should be within development boundaries. This site is located in the centre of the City of Bangor on Garth Road which leads from the city centre area towards a residential area on the outskirts of the city and within the development boundary. Therefore, the proposal complies with the requirements of this policy.

5.1.3 Policy C3 of the Gwynedd Unitary Development Plan involves reusing previously used sites and policy C4 also involves adapting buildings to be reused. These policies seek to promote the reuse of existing sites and buildings provided that the building is suitable in terms of its current form and that the proposed use is suitable. It is intended to use the existing building as it is without any external alterations. The internal alterations are also minimal as a result of the existing use as a residential care home. Therefore, it is considered that these changes are minimal and respect the existing building in terms of form and character. It is intended to convert the building into a house of multiple occupation for students, with ten bedrooms. It is considered that this use is suitable for the site which is located within a suitable distance of the University and the city’s facilities but which is also on the outskirts of a residential area. Consequently, it is considered that the proposal complies with the requirements of policies C3 and C4 of the Gwynedd Unitary Development Plan in relation to converting and reusing existing buildings.

5.1.4 Policy CH14 of the Gwynedd Unitary Development Plan involves the conversion of houses or other residential buildings into flats, bed-sits or houses of multiple occupation, which is supported on condition that the development does not create an over-provision of this type of accommodation in a specific street or area where the cumulative effect would have a negative impact on the social and environmental character of the street or area, or likely to do so. In this case, the proposal is to convert a residential care home into a house of multiple occupation for students. It is considered that the building is suitable for this type of development and that it does not reduce the stock of existing houses available to families in the area. It is considered that there is a mix of provision of residential houses, houses of multiple occupation, bed and breakfast businesses as well as offices in this area. It is not considered that a development of this scale is likely to lead to a surplus of this type of accommodation within this specific area and it is considered that such a development protects existing residential houses in the area. It is, therefore, considered that the proposal complies with policy CH14 of the Gwynedd Unitary Development Plan.

5.1.5 Policy CH38 of the Gwynedd Unitary Development Plan involves safeguarding existing educational, health or community facilities. It is possible to argue that a residential care home is an all important community facility; in this case, it is considered that the scale of the building as well as local provision of similar homes, means that this specific facility does not need to be safeguarded. Therefore, it is considered that the proposal complies with the requirements of this policy.

5.2 Visual amenities

5.2.1 The proposal does not include any external alterations; however, the applicant is required to provide storage for waste as part of the development. The bin storage is located between the property and the highway on the site boundary with the neighbouring property, known as 1 Erw Fair. The store measures 3m x 1m and 1.5m high, and is entirely constructed of a galvanised wire network. It is considered that the location of the store is suitable and that its design and construction are suitable.

5.2.2 Policy B22 and B25 of the Gwynedd Unitary Development Plan involve the design and materials of buildings and it is considered that the proposal complies with the requirements of these policies. 5.3 General and residential amenities

5.3.1 Policy B23 of the Gwynedd Unitary Development Plan involves protecting amenities. There are various residential houses, houses of multiple occupation, bed and breakfast businesses as well as offices in this area. It is considered that the proposed use is suitable for the property due to its size and previous use and it is not considered that the proposed use is likely to have a detrimental effect on the amenities of the local neighbourhood provided that the residents of the building respect their neighbours in general.

5.3.2 The agent has confirmed that there are four parking spaces within the application site (three general spaces and one space for the disabled) and this is tantamount to one parking space for every three bedrooms. The transportation unit has no objection to the proposal on grounds that the location is central and convenient for public transport.

5.3.3 The location and design of the bin storage is suitable and convenient for the users. Consequently, it is considered that the proposal does not have a detrimental effect on the amenities of the area or any neighbouring individuals; therefore, the proposal complies with the requirements of this planning policy.

5.4 Traffic and access matters

5.4.1 Policy CH33 of the Gwynedd Unitary Development Plan involves safety on roads and streets. The proposal does not include opening a new entrance or changing the current entrance and there is parking provision for four spaces within the site. Concern has been expressed locally that the parking situation is not suitable on this site; however, no objection has been received from the transportation unit due to the convenient location to Bangor city centre and for public transport. It is not considered that the proposal is likely to have a detrimental impact on road safety. Therefore, the proposal complies with the requirements of this planning policy.

5.4.2 Policy CH36 of the Gwynedd Unitary Development Plan involves private car parking facilities. The development includes use of four existing parking spaces and, due to the nature of the proposed development as a house in multiple occupation for students, it is considered that the parking provision is suitable due to the proximity of the site to the University and the city centre. Therefore, the proposal complies with the requirements of this planning policy.

5.4.3 In its observations, the transportation unit asks for a contribution towards a new bus shelter near the site. It is not considered that this request is suitable.

5.5 Response to the public consultation

5.5.1 One correspondence was received objecting to the development, mainly due to the lack of waste storage and collection provision. The Local Planning Authority has raised these matters with the Agent and has received confirmation of the number of parking spaces available within the site along with plans to provide storage to keep bins. These aspects have already been discussed above.

6. Conclusions: 6.1 In view of the above information, I do not consider the proposal to be contrary to any relevant policy. The proposal is not likely to have a detrimental effect on the amenities of the local area or any nearby properties.

7. Recommendation:

To approve – conditions 1. Five years 2. Ensure that the development is completed in accordance with the plans submitted 3. External finish of the waste storage to be agreed Number 6 Number: 6

Application Number: C12/0538/39/LL Date Registered: 26/04/2012 Application Type: Full - Planning Community: Llanengan Ward: Llanengan

Proposal: VARY CONDITION 2 ON PLANNING CONSENT C09D/0294/39/LL TO PROVIDE CONTINUED USE OF EXISTING ACCESS TO ENABLE BOATS, TRACTORS AND STATIC HOLIDAY CARAVANS TO GAIN ACCESS AS REQUIRED TO THE APPROVED BOAT STORAGE AREA AND TO PROVIDE FOR THE SITING AND/OR REPLACEMENT OF STATIC CARAVANS ON THE APPROVED PARK Location: TYDDYN TALGOCH UCHAF, BWLCHTOCYN, PWLLHELI, LL537BT

Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:

1. Description: 1.1 This is an application to vary condition 2 on a previous planning permission, number C09D/0294/39/LL which detailed that works should be undertaken in accordance with the plans. The reason for varying the condition is that the applicants now wish to retain the existing agricultural access to the lower end of the static caravan site shown on the plan, where it was agreed that it would be closed. It is intended to retain the access gate and use it occasionally to gain easy access to the boat storage site and to use it if old static caravans need to be exchanged for new ones, since the formal access road to the site is too narrow in places. Planning consent C09D/0294/39/LL has been implemented and some of the landscaping and cloddiau works have been carried out. The site which holds 17 static caravans lies behind a terrace of houses on a hill in Bwlchtocyn, which is situated within an Area of Outstanding Natural Beauty and a Heritage Coast.

1.2 The application is submitted to the Planning Committee because three objections were 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 considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.

2.2 Gwynedd Unitary Development Plan 2009: B8 THE LLŶN AND ANGLESEY AREAS OF OUTSTANDING NATURAL BEAUTY (AONB) – Safeguard, maintain and enhance the character of the Areas of Outstanding Natural Beauty by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features of the site. B9 THE HERITAGE COAST – Refuse proposals for any building or structure on the heritage coast unless they can conform to a series of criteria aimed at avoiding significant damage to recognised features.

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.

CH34 RURAL LANES – Development proposals will be refused if they cause an unacceptable increase in traffic on Rural Lanes where pedestrians, cyclists or horse riders are expected to be the main users.

2.3 National Policies: Planning Policy Wales (Edition 4, February 2011) Technical Advice Note 18: Transport

3. Relevant Planning History: 3.1 C09D/0294/39/LL – Relocate a static caravan and a playing area and add two caravans within the existing boundary and extend the site in order to create a boat storage provision – Approved 4 August 2010 C08D/0550/39/LL – Extend the caravan site in order to relocate one static caravan and add two additional static caravans – Refused April 2009 C05D/0689/39/LL – 3 additional caravans (a total of 15) – Approved March 2006 C00D/0398/39/LL – Extend the holiday season – Approved January 2001 C96D/0158/19/CL – 3 additional caravans – Refused September 1996 96/00091/FUL19 – 5 additional caravans – Refused April 1996 3/4/1122 – 12 caravans – Approved July 1966

4. Consultations:

Community/Town Council: Refuse, because the condition was set for a reason.

Footpaths Officer: The Countryside and Access Department is concerned with protecting public footpath number 24 in Llanengan during and at the end of this development.

AONB Officer: This is an application to delete a condition on a recently-approved planning application (C09D/0294/39/LL). The condition in question relates to the access road only. There are no implications as regards the AONB and therefore there is no objection to the application.

Caravans & Health and Safety No observations. Officer:

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The advertising period ended on 06 June 2012 and three objections were received on the following grounds:  Transport – predict an increase in vehicles / tractors / boats using this already narrow and busy road.  More use of boat storage is likely and they need to be transported down to the beach – need conditions to restrict the number of boats.  Concern about overdevelopment of the site.  Retaining the access gate is contrary to policy B23 amenities – effect on the amenities of nearby houses.  Loss of privacy.  Noise.  Question why the formal access is not adequate – there has been no change to it.  Suggest conditions to restrict use of the access gate – not use it on weekends and bank holidays.  Impact on the views of the AONB.  Despite landscaping – the site remains visible.  The planning history to the site demonstrates that lack of compliance with conditions has been a problem.

5. Assessment of the material planning considerations: 5.1 Principle of the development Condition 2 on permission C09D/0294/39/LL states: “The development hereby permitted shall be carried out in strict conformity with the amended plans received by the Local Planning Authority on 2/9/2009 and landscaping scheme dated 7/7/2010 and as contained in the application form and in any other documents accompanying the application.” The application involves varying condition 2, in order to retain an existing agricultural access gate in the northern corner of the field rather than close it as shown in the agent’s plan dated 2/9/09. The application to hand details that they wish to retain the gate as the formal vehicular road that leads to the caravan site is narrow and causes problems when towing boats and old/new static caravans on it. As well as retaining the gate, it is noted that a gap will need to be kept in the earthen clawdd to the north of the boat storage site in order to maintain a clear path to the caravan field, which is contrary to what was approved. 5.2 There was no specific planning reason insisting that the access gate be closed, rather it was something the agent proposed during the application. It must be borne in mind that planning permission would not be required to open a new access gate onto an unclassified county road. 5.3 Traffic and access matters No objection was received from the Transportation Officer as the application does not entail a change to any of the two entrances. Many objections have been received to the application that refer to traffic problems and anticipating an increase in the storage of boats and an increase in traffic as a result of the proposal, particularly more tractors towing boats along the roads of Bwlchtocyn; however, no change is meant to the current situation. Perhaps there is some confusion from the objectors’ perspective in this respect. The Access Statement notes that there would be occasional use by caravan owners who have boats in the storage site, and to facilitate placing/towing caravans from the site. The agent’s letter states that the formal access road to the site measures 3m in some places which is narrow and inadequate for the width of static caravans today, that are approximately 3.65m wide, which therefore explains the need to retain an informal entrance to be used occasionally. The remainder of the vehicular movements would be through the formal entrance, with the agricultural entrance locked at all other times in the interest of safety and to prevent unauthorised use. As it is an existing access being discussed, we cannot anticipate any increase in traffic from retaining it, and it is not considered that the proposal is contrary to policies CH33 and CH34. 5.4 Visual amenities As this is an application to vary a condition in order to retain and provide continued use of an existing access, there will be no visual change to affect the landscape of the AONB or the Heritage Coast. Landscaping work and the erection of an earthen clawdd have been carried out recently to the north of the boat storage site, which has improved appearance and helped screen the site. It is not considered that keeping a small gap in the earthen clawdd is likely to have a significant impact either as the boats will remain behind the clawdd. The AONB Officer is satisfied that there are no implications regarding the AONB. It is therefore considered that the visual impact of the proposal will be no different to the existing situation and it therefore meets the requirements of policies B8 and B9. 5.5 General and residential amenities Three objections have been received from nearby residents, expressing concern regarding various points, as noted in the consultations above. One alleges overdevelopment of the site and that retention of the access would have an impact on their privacy and would create more disturbance and noise, therefore alleging that the proposal is contrary to Policy B23 Amenities. We cannot agree with the objector that there would be any significant change to the situation, bearing in mind that the access gate already exists and that it means no increase in the number of units or the number of boats to be stored. The objector also suggests that a condition should be imposed that restricts use of the entrance to specific hours and that it should not be used on Saturdays, Sundays or on Bank Holidays. Such a condition would be unreasonable and impossible to police, and it would not satisfy the five tests for Planning conditions. Considering that there will be no change on the site as the entrance already exists, we cannot agree with their observations. Varying the condition would not mean any significant implications on the neighbours’ amenities, and the proposal is therefore considered acceptable in the context of Policy B23.

6. Conclusions: 6.1 It is considered that the agent has presented a reasonable explanation for varying the condition in order to retain the existing agricultural access. Bearing in mind that it was the agent who proposed closing the entrance in the first place and that it was not something enforced by officers, there are no planning concerns over retaining it. Whilst the extensive concerns of the objectors are noted, their allegations cannot be agreed with given that the application involves no change to the existing situation. From weighing up the above and having given full consideration to all the matters discussed, it is considered that we can agree to vary the condition and retain the vehicular entrance for occasional use.

7. Recommendation: 7.1 Approve – conditions – vary the condition to permit compliance with the plans dated 24 April 2012. Number 7 Number: 7

Application Number: C12/0563/14/LL Date Registered: 03/05/2012 Application Type: Full - Planning Community: Caernarfon Ward: Seiont

Proposal: CHANGE OF USE OF LAND FOR THE SITING OF 40 CARAVANS AND CONVERSION OF EXISTING STRUCTURES INTO TOILETS, STOREROOM AND ACCOMMODATION FOR THE SITE MANAGER TOGETHER WITH IMPROVEMENTS TO THE ACCESS Location: GLANMORFA, PWLLHELI ROAD, CAERNARFON, GWYNEDD, LL55 2YW

Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:

1. Description:

1.1 This is an application to site 40 touring caravans along with improving the access to the trunk road (A487); convert and renovate a former cottage into a storeroom and accommodation for the intended site manager; retain the most part of an existing workshop, convert one of the existing workshops into toilets and create an area to store bins. The proposal will also include creating driveways to serve the hard standings where the touring caravans will be sited along with erecting a 660mm high timber barrier between the western side of the site and the adjacent River Seiont. The site is currently dormant and the structures are in a dilapidated state. The former cottage will be used as accommodation for the site manager and will include a kitchen and living room on the ground floor with a bathroom and wash room on the first floor. Attached to this accommodation is the storeroom and workshop for maintenance work and a connected office. The toilets will be for the site users and will include separate toilets for males and females, a wash room, bin storage area and a small room for the cleaner. An underground chamber will be located outside the toilets for sewage treatment.

1.2 The site itself is located below the trunk road with a driveway to link it to the site. The site area is level and is surrounded by a vast coppice which is the subject of a tree preservation order. Residential property is located to the west of the site, the River Seiont runs adjacent to it along the northern boundary, residential dwellings are located to the north-east of the site and a trunk road runs along the site’s southern boundary along with the coppice / area known as Allt Rhyddallt Bach.

1.3 In accordance with the requirements of Technical Advice Note 12 on “Design” (2009) a design and access statement was submitted with the application, outlining the following information:- (i) access – need to improve the current access to the trunk road in accordance with the Welsh Government's requirements.

(ii) character – the proposal is to adapt and improve the current traditional structures (a structural assessment has confirmed that the vast majority of existing structures can be utilised for new uses) to create modern services and facilities for the caravan occupants and to improve the quality and the appearance of the post-industrial site. It is believed that the scale of the proposal is suitable for this site and the density complies with the requirements of the Environmental Health Unit. It is intended to plant trees and shrubs along with general landscaping in order to generate privacy within the site.

(iii) environmental sustainability – existing materials such as stones and slate will be re-used for the new structure and the proposal will mean that waste will be sorted on- site to be collected by the Council.

(iv) community safety – it is not believed that this proposal will cause any risk/danger to the safety of the local community.

(v) movement – the site will be served by the existing access and will be improved in order to allow vehicles and caravans to enter and exit the site safely. This site is within reasonable walking distance of the town and associated facilities and the bus stop is a stone’s throw away from the site itself.

1.4 A bat/wildlife survey was submitted with the application which states that bats roost in the nearby area and that there is a possibility of creating accesses for the bats and birds to the remaining original structures (i.e. the workshops).

1.5 As the site has been located in an Environment Agency C2 flood zone, a flood consequence assessment has been submitted with the planning application which states a number of flood mitigation measures that can be implemented in order to ensure that the site will be in no danger of flooding in the future.

2. Relevant Policies:

2.2 Gwynedd Unitary Development Plan 2009:

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

POLICY CH12 – CONVERSION OF BUILDINGS IN RURAL VILLAGES AND OPEN COUNTRYSIDE FOR RESIDENTIAL USE Approve the conversion of buildings to residential use within rural villages and the countryside provided that a suitable economic use cannot be secured for the building, and that criteria relating to local need, affordability, impact on the character of the area and occupancy of the dwelling can be met.

POLICY D19 – NEW SITES FOR TOURING CARAVANS, CAMPING AND TOURING UNITS Proposals for developing new touring caravan, camping, or touring unit sites will be permitted provided they conform to specific criteria regarding the design, layout, appearance and location of the development, traffic issues, and restrictions on the use of the units and the accumulative impact on the local area.

2.3 National Policies:

TAN 12 on “Design” (June 2009).

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

Planning Policy Wales, Chapter 7 - “Supporting the Economy” (July 2010) and Chapter 11 on “Tourism, Sport and Recreation” (February 2011).

3. Relevant Planning History:

3.1 Application number 3/14/1062 – outline application to replace existing house by erecting a new house approved March 1996, however the permission expired in March, 1999.

3.2 Planning application number C12/0447/14/CC – maintenance work on trees subject to preservation order approved May 2012.

4. Consultations:

Community/Town Council: To support – ensure that the appropriate officers ensure that the access to the site is safe and that measures are in place to ensure that neither children or people will be in danger due to the location of the adjacent river.

Transportation Unit: Conditions to improve existing access. Environment Agency: Conditions to safeguard site users from flooding.

Welsh Water: Standard conditions relating to the disposal of surface/foul water from the site. Public Protection Unit: The amended plan improves the details in terms of site / health and safety licence conditions. A licence condition noted that signage and information must be provided of the operation in place for a flood warning system for the river. Should the planning application be successful, the applicant will have to apply for a site licence.

Trees Officer: A condition regarding safeguarding the trees which surround the site.

The Welsh Government - Approve with conditions to improve existing access. Transportation

Public Consultation: A notice was placed on the site and nearby residents were notified and the statutory period expired on 08.06.12 and seven letters / correspondences were received objecting to the proposal. Following these objections, the consultation area was extended and the application was advertised on a broader level to nearby dwellings and the second period of consultation will come to an end on 04.07.12. To date, the following objections have been received:-

 The proposal of siting touring caravans on this site is totally out of character with this area.  It will create more disturbance on grounds of noise from children, dogs and dog owners walking their dogs, damage to nearby coppices. Damage to wildlife which includes varieties of birds/bats/fish along with otters as well as dog fouling in the area/footpaths.  Sufficient touring caravan sites in the area already and within three miles of this site.  A number of residents in the area were not contacted to notify them of the application.  Using the access will cause more hazards along the trunk road and will create more congestion at the expense of road safety.  The trees that are subject to a preservation order will be damaged – with 40 caravans it will be impossible to manage the damage caused to the trees.  There is asbestos on the site. If it is disturbed it could pose a danger to local wildlife and people.  The proposal will not boost the local economy or local businesses.  The safety of children and families in relation to the proximity of the site to the River Seiont.  The development would have a negative impact on the environment.  There is no mention of landscaping the site in the application.  Work has already commenced on the site e.g. removal of one of the workshops’ roofs and installation of water pipes on the site’s western part.  Light pollution deriving from the caravans at the expense of local residents’ amenities.  Fire/explosion risk from the gas used by caravan occupants.  Discharge of pollution into adjacent river.  Erosion on the site’s western side and the possibility of flooding and changing the river’s course.

 Loss of privacy (occupants/owners of the Lledwigan holiday home) especially during the winter months. Overlooking into the garden and living room of Lledwigan – will cause trespassing onto their land from the proposed caravan park. Approving this application will have a detrimental impact on the owners of the holiday home on the grounds that visitors will not want to stay opposite a caravan park.  Intention to create a permanent residential unit for the manager which is contrary to policy.  Should the application be approved this will have a negative impact on the value of Lledwigan if it were to be sold in the future.  Impact on water supply (pressure) which is already a problem for local residents. In response to the above objections, the following observations were submitted by the applicant:-  Not everyone has objected to the development e.g. the occupants of Glan Seiont.  The nearest dwellings to the site are located between 30m and 200m from the site and are separated by the river which has a coppice on either side. The applicant has photographed Ffordd Melin Seiont in order to demonstrate that the proposal would not affect the amenities of the occupants of these dwellings.  A wildlife assessment has been submitted with the application which shows that birds and bats nest and roost in the immediate area and the applicant has agreed to incorporate measures in the development in order to create roosts/nests for the birds/bats. The author of the report will be responsible for obtaining a licence for these measures.  There is an agreement between the applicant and Glasdir that from 2013 to 2018, he will improve the woodland within his ownership.  The driveways and the pitches for the caravans that are located nearest to the objectors’ dwellings (on the eastern side of the site) will have low lighting and they can be further screened by planting additional shrubs and trees along the site’s northern boundary near the river.  Neither the Highways Unit nor the Agency have any objections to this proposal subject to relevant conditions being imposed with any consent.  Objections made on the grounds of perceived crime and health and safety are invalid objections.  Parc Coed Helen has recently lost 45 pitches for touring caravans to static caravans.

5. Assessment of the material planning considerations: Principle of the development – Policy C1 of the Unitary Plan states that new developments will be located within town and village boundaries, however, developments outside the development boundaries may be permitted should other Unitary Plan policies permit it e.g. developments related to rural tourism, outdoor sports and leisure enterprises (these objectives have been included in the Welsh Government’s strategy on the grounds of promoting the local economy in TAN 7 and by promoting sustainable tourism throughout Wales in TAN 11). The policy proceeds to state that new buildings, structures and ancillary facilities in the countryside will be strictly controlled and should be spatially well related to existing development whenever possible.

Policy C3 approves proposals where priority will be given, wherever possible, to re-using previously developed land or buildings that are located within or near development boundaries, rather than utilising greenfield sites, provided that the site or building and the proposed use are suitable and conform to the Plan’s objectives and development strategy.

Policy D19 (sites for touring caravan, camping and touring units) states that proposals for developing sites for touring caravans will be permitted provided they conform to criteria regarding the design, layout and appearance of the development, and that it is well screened by landscape features, its proximity to the highways network and a safe access is used on the site for touring purposes only. Taking the above policies into account, it can be stated that this particular site is suitable in principle for establishing a touring caravan use and the ancillary structures.

Policy CH12 of the Unitary Plan (conversion of buildings in the countryside and within rural villages) restricts the use of buildings to a local community need for affordable housing. However, in this case it is believed that it is essential, if it is permitted to use and convert the former cottage for residential use, to restrict it to a lower grade use and link it to the use of the park as a holiday caravan park so that it is not used on a permanent basis as a new dwelling in the countryside. It is also believed that this is a better option than having a permanent caravan/chalet on this site for the manager as re-using the former cottage is a sustainable act and involves re-using dormant buildings that are on the site and is also more acceptable in terms or retaining visual amenities in this part of the landscape. It is therefore believed that the proposal can be dealt with as and exception to Policy CH12 of the Unitary Plan.

Visual amenities - the site is located on level ground near the River Seiont and below the adjacent trunk road which runs along its southern boundary. It is also screened by established woodland which is the subject of a tree preservation order which also reduces the impact of the proposal on the environment. A coppice is located to the south-east of the site (Allt Rhyddallt Bach) and evergreen trees on the site’s western boundary along with a residential property known as Glan Seiont. The site is partially visible along Ffordd Melin Seiont which runs parallel with the River Seiont and the site’s northern boundary, although this will be reduced during the summer months as the trees bloom. In addition to this, by ensuring that the site is landscaped it is believed that the impact of the proposal on the area’s visual amenities will be further reduced so as not to have a substantial impact on the adjacent landscape. It is therefore believed that the proposal is acceptable on the grounds of Policy B23 (safeguarding the amenities of the local neighbourhood), C3 and D19 of the Unitary Plan.

General and residential amenities – as referred to in the above report, there are residential dwellings located to the west and the north-east of the site. Glan Seiont stands approximately 37m from the site boundary, Lledwigan is 38m away to the north-east (45m to the two new houses approved on appeal) and 47m from the Glanrafon property which is on the northern side of Ffordd Melin Seiont. The River Seiont is located between these properties (apart from Glan Seiont which only has trees on its boundary) and a screen of trees along the north- eastern boundary of the site, although the rear of the properties open on to the banks of the river. Some of the site will be visible from these dwellings, especially during the winter months despite the proposed caravan pitches being located away from the river bank. However, should the application be approved, the visual impact and disturbance can be reduced by ensuring that the existing tree screen is thickened and by restricting the occupancy period of the caravans to between 1 March and 1 October (namely, the time of year when the trees will have leaves). It must also be borne in mind that the legal use of the site is as an industrial workshop and this use can continue without requiring planning permission and such an use could have an unacceptable impact on the general amenities of the adjacent dwellings. Therefore, it is believed that the impact of using this site as a touring caravan park would not be significant as any disturbance can be minimised by undertaking mitigating measures such as landscaping and by adopting strict management of the site itself. To conclude, it is therefore believed that the proposal complies with Policy B23, C3 and D19 of the Unitary Plan.

Transport and access matters – the current access is not suitable for vehicles towing caravans, therefore, there will be a need to widen the access towards the east in order to create a suitable turning space. The Highways Unit and the Welsh Government (Transport) have agreed with this improvement subject to relevant conditions. It is believed, therefore, that the proposal is acceptable on the grounds of the requirements of Policy CH33 of the Unitary Plan relating to safety on the roads and streets.

Biodiversity matters – a bat/wildlife report was submitted with the application which states that birds and bats nest/roost in the area and this application could be an opportunity to improve nesting/roosting opportunities for the birds and the bats. Should the application be approved a condition will be included to safeguard the woodland surrounding the site that is owned by the applicant from being destroyed. The applicant intends to commence a management plan in 2013 which will involve carrying out maintenance work to the trees that are subject to a tree preservation order.

Archaeological Matters – correspondence was received from the Gwynedd Archaeological Planning Service stating that there will be a need to include a condition with any consent that requires archaeological details from the applicant.

Public safety and crime prevention – the site will not be open to the public unless customers have hired a pitch on the site before hand. A manager will be needed on-site during the park’s opening times to provide supervision on a daily basis. As referred to in the above report, site licence requirements will be brought to the attention of the applicant, health and safety requirements for a touring caravan site such as the one intended here.

Sustainability matters – the proposal intends to use as much natural materials as possible on the site, such as slate and stone walls and to restore the existing structures on the site.

Flooding matters – the Agency has located the site within a C2 Flood Zone (although the site has not been subject to flooding in the past). However, the application can be permitted by including conditions relating to setting the minimum floor levels and the plateau of the site after receiving the flood consequence assessment that was submitted as part of the application by the applicant.

Response to the public consultation – in reading the above report it can be seen that a number of local residents object to the application on grounds that are material to the planning application itself e.g. disturbance, loss of privacy, road safety and detrimental impact on visual amenities. Matters are also raised in relation to trespassing and potential hazards and concerns, these are matters that could affect the residents’ living conditions, however there is insufficient evidence to confirm that any such proposal would excessively affect the daily lives of adjacent residents. However, it can be ensured that the site is developed in an orderly manner and visual amenities of the local community can be safeguarded by including relevant conditions that statutory consultees have recommended and conditions that the Planning Authority itself can include in any consent.

6. Conclusions:

6.1 Taking into consideration the above-mentioned assessment, it is believed that the proposal is acceptable in terms of its location, setting, scale, use, materials, biodiversity matters, infrastructure, flood risk, visual and residential amenities and road safety.

7. Recommendation:

7.1 To approve – with conditions 1. Commencement of the work. 2. In accordance with the amended plans. 3. Natural slate. 4. Highway conditions. 5. Welsh Water conditions 6. Environment Agency conditions. 7. Landscaping conditions. 8. Archaeological Service condition. 9. Condition to restrict occupancy period. 10. Bats / birds condition. 11. Condition to restrict the residential unit to the site manager for a specific period. Number 8 Number: 8

Application Number: C12/0598/44/LL Date Registered: 17/05/2012 Application Type: Full - Planning Community: Porthmadog Ward: Porthmadog West

Proposal: REMOVE CONDITION 07 ATTACHED TO PLANNING PERMISSION C07D/0313/44/LL TO BE ABLE TO USE THE SITE THROUGHOUT THE YEAR Location: OS FIELDS 4154 & 4659, PENRHYN FARM, TREFLYS, PORTHMADOG, GWYNEDD, LL499YL

Summary of the Recommendation: TO APPROVE SUBJECT TO CONDITIONS

1. Description:

1.1 This is a full application to extend the occupancy period of static caravans on the site from ten and a half months to twelve months. The existing permission restricts the occupancy of the caravans from 1 March to 10 January the following year. It is not intended to add to the number of caravans on the site only to extend the occupancy period.

1.2 Access to the site is through the existing opening and off a private access track which is off the third class county road nearby. There will be no amendments or additions to the existing facilities on the site with this application.

2. Relevant Policies:

2.2 Gwynedd Unitary Development Plan 2009:

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

POLICY D18 – STATIC HOLIDAY CARAVAN AND HOLIDAY CHALET SITES – EXTENDING THE SEASON Proposals for extending the holiday season of static holiday caravan sites (single and double units) and holiday chalet sites to ten and a half months will be approved provided the standard of the units is appropriate for human habitation during the winter period.

Supplementary Planning Guidance: Holiday Accommodation (July, 2011)

2.3 National Policies:

Planning Policy Wales (Fourth edition, February 2011) Chapter 11 Tourism, Sport and Recreation 11.3.3 Authorities need to consider the effect of sports and recreation activities on the neighbouring uses in terms of noise, light emissions, traffic generation and in the case of larger developments, ease of access and the safety of residents, users and the public.

Technical Advice Note 13 - Tourism Paragraph 14 - Authorities should also give sympathetic consideration to applications to extend the opening period allowed under existing permissions.

3. Relevant Planning History:

C06D/0019/44/LL – To site 16 timber double units to replace eight existing static caravans. Approved 14/03/2007

C07D/0313/44/LL – To amend condition 9 on planning permission C06D/0019/44/LL (siting of holiday units). Approved 23/07/2007

4. Consultations:

Community/Town Council: Object to this application on grounds of precedent of the remaining caravans let.

Transportation Unit: No response received at the time of preparing the report.

Public Protection Unit: No objection. Public Consultation: A notice was posted on site and nearby residents were notified. The consultation period ends on 22/7/12 and three letters were received objecting to the application on the following grounds:  The existing site is contrary to policies  The site is unsuitable for residential / permanent dwellings  Detrimental effect on the SSSI which surrounds the site  Detrimental to flora and fauna.  Over use of the site in AONB and prominent location  Unsuitable access  The access track which is in separate ownership needs improvements and passing places  Increase in traffic to the site  Detrimental effect on residential amenities  Cause problems with grass management  Detrimental effect on the landscape  Trespassing problems  Contrary to the policies of UDP and sets a precedent

5. Assessment of the material planning considerations:

5.1 The principle of the development

5.1. As shown above, the Unitary Development Plan has a specific policy which supports applications to extend the holiday season of holiday sites to up to a period of ten and a half months provided the standard of the units is appropriate for human habitation during the winter period.

5.1.2 Historically, conditions have been placed on such sites in order to ensure holiday use and also, historically, the standard of the units was not suitable for use in winter. Also, the nature of holidays has become more varied in terms of location, season and length. Many more people go on holiday many times a year now, more often for shorter periods and not necessarily during the summer.

5.1.3 The UDP already acknowledges that the seasonal nature of tourism causes a lot of variation in the demand for workers during the year and has a notable effect on the economic prosperity of Gwynedd. Therefore, the Plan encourages spreading the demand for accommodation beyond the traditional holiday period. The Supplementary Planning Guidance: Holiday Accommodation (2011) also refers to using a holiday occupancy condition which allows the use of holiday units throughout the year but with relevant conditions which ensure that such units are not used for permanent residential use.

5.1.4 Although Policy D18 of the UDP states that proposals to extend the occupancy period from 1 March to 1 January will be approved there is no restriction or guidance in the condition to prevent extending the period further. There are many legal cases that are clear and supportive on this matter.

5.1.5 New caravans have already been approved and located on the site to modern building standards, therefore, they are suitable for habitation during the winter. It is not considered either that the proposal would be an overdevelopment of the site or would have a detrimental effect on the SSSI or biodiversity. Therefore, it is considered that the proposal complies with Policy D18 of the GUDP.

5.2 Visual amenities 5.2.1 This proposal will not make the existing situation worse in relation to the impact of the static caravans on the environment as they are already located on the site throughout the year and it is not intended to increase the number. The site is not located in the AONB. Therefore, it is believed that the proposal is acceptable in relation to the requirements of Policy B23 of the UDP (safeguarding the amenities of the local neighbourhood).

5.3 General and Residential Amenities

5.3.1 It is not believed that extending the occupancy period of the caravans will have a significant impact on the amenities of neighbouring residents bearing in mind that the site is already used and also as it is only an extra month and a half on the existing occupancy period. Therefore, it is considered that the application is acceptable in terms of the requirements of Policy B23 as above.

5.4 Transport and access matters

5.4.1 The application does not involve any increase to the number of static caravans only an extension to the occupancy period. It is not believed that the extra month and a half in the occupancy period of the caravans would mean a significant increase in the use of the road network which serves the site. Therefore, it is considered that the proposal complies with Policy CH33.

5.4.2 Policy CH22 states that every part of the cycling network, footpaths and rights of way which include footpaths, public footpaths, bridleways and byways will be protected and promoted. At the time of writing the report, no response had been received from the Rights of Way Unit. As the proposal does not involve any changes, blocking or cutting across the path, the proposal complies with policy CH22.

5.5 Any other considerations

5.5.1 In accordance with the Town and Country Planning Order (General Development Procedure) (Wales) 2009, a Design and Access Statement is required. Technical Advice Note 12 - Design provides clear advice. The Design and Access Statement is a material consideration which must be considered by those determining the application. The applicant has noted in the statement that consideration was given to character, movement, environmental sustainability, community safety and access. The Design and Access Statement has been given due weight and consideration in determining this application, but this has not changed the recommendation.

6. Conclusions:

6.1 Despite the objections to the application, it is believed that this application, subject to conditions, is acceptable on policy grounds and its impact on the general amenities of the area. All material considerations were addressed when determining this application, but this has not changed the recommendation.

7. Recommendation:

7.1.1 Approve – remove condition 7 on planning permission C07D/0313/44/LL but to impose conditions – restricting the family occupancy period to no more than 28 days at a time but up to three months a year – keep a current register. Number: 9 Number: 9

Application Number: C12/0718/33/LL Date Registered: 25/05/2012 Application Type: Full - Planning Community: Buan Ward: Efailnewydd/Buan

Proposal: IMPROVEMENTS TO VEHICULAR ACCESS, ENGINEERING WORK AND LANDSCAPING Location: PLAS YNG NGHEIDIO, BODUAN, PWLLHELI, GWYNEDD, LL538YL

Summary of the TO DELEGATE POWERS TO APPROVE Recommendation:

1. Description:

1.1 The proposal involves creating improvements to the vehicular access, engineering works to reduce ground levels on part of the field together with landscaping that will include the erection of a new ‘clawdd’ on top of which will be a hedge of hawthorn and blackthorn.

1.2 The field that is the subject of the application is located behind the house and farm buildings of Plas yng Ngheidio in open countryside within a designated Landscape Conservation Area. A farm track that is also a public footpath runs parallel to the north-eastern boundary of the field. The site is served by a third class rural road which runs parallel to the farm. Located to the north-east of the field is the Cors Geirch Site of Special Scientific Interest (SSSI) and the Llŷn Fens Special Area of Conservation (SAC).

1.3 The application is submitted to Committee as it is an application by a Member.

2. Relevant Policies:

2.2 Gwynedd Unitary Development Plan 2009:

B10 – PROTECTING AND ENHANCING LANDSCAPE CONSERVATION AREAS Protecting and enhancing Landscape Conservation Areas by ensuring that proposals conform to a series of criteria aimed at avoiding significant harm to recognised features.

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. 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.

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.

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

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

2.3 National Policies:

Planning Policy Wales, Fourth Edition, February 2011.

3. Relevant Planning History:

3.1 C12/0195/33/LL – Site for 12 touring caravans and washing facilities – Plas yng Ngheidio, Boduan – Refused, 19 April 2012.

4. Consultations:

Community/Town Council: Not received.

Transportation Unit: The proposal proposes an access that is much better than the existing access which is tight against the side of the building with the advantage of having better visibility in both directions and an easier turning circle for both coming in and going out. Recommend standard conditions.

Countryside Council: Not received.

Footpaths Officer: Not received.

Public Consultation: A notice was posted on site and nearby residents were notified. The consultation period ends on 2 July 2012 and one letter / correspondence had been received when preparing the agenda, objecting to the application on the following grounds:  A neighbour objected to the location of the access adjacent to their access.  Concern that the access to Graeanfryn would have to be used as a turning space.  The passing space allowed for two vehicles to pass each other is 5.8 metres long and a normal vehicle towing a caravan would be approximately 13 metres and, therefore, there is insufficient space and this would cause a traffic jam and a danger on a narrow road.  Need to relocate the entrance closer to Bryn Cynan.  Need to install speed ramps as road safety measures.

5. Assessment of the material planning considerations:

5.1 Relevant planning history Application C12/0195/33/LL to establish a site for 12 touring caravans and washing facilities was refused on 19 April 2012. This refusal related to the fact that there was a lack of landscaping and the landscaping works which had been undertaken had not matured sufficiently to mitigate the effect of the proposal on the landscape. The current application has been submitted in order to make improvements to the site in terms of landscaping which would allow this landscaping work to be sufficiently established prior to submitting a further application for 12 touring caravans in the future.

5.2 Visual amenities The site is located within a Landscape Conservation Area. In terms of the proposal in question, it is proposed to level part of a field which currently varies in ground levels and which is currently comparatively visible and open. This levelling work would vary within the field and parts of the field would be reduced by up to 1metre. On part of the field a new ‘clawdd’ would be erected and it would be topped by a hedge of hawthorn and blackthorn. It is also proposed to strengthen the existing hedges near to the site. Also, as part of the application, it is proposed to undertake improvements to the access. It is likely that the levelling works will be visible in the landscape whilst the work is ongoing and until new grass has re-seeded and become established. However, this would only be a short-term effect on the landscape and it is not considered that it would be likely to have a detrimental long-term effect on the landscape in the Landscape Conservation Area. It is considered that the proposal complies with Policy B10 of the GUDP.

5.3 General and residential amenities The property of Graeanfryn opposite the county road is the only nearby residential property. Considering the nature of the current application, it is not considered that the proposal would be likely to have a substantial harmful effect on the amenities of residents of this property. It is not considered that the proposal is contrary to Policy B23 of the Gwynedd Unitary Development Plan.

5.4 Traffic and access matters The proposed new entrance means widening the access and it offers better visibility to the county road than the existing vehicular entrance. The observations of the Transportation Unit on the proposal states that the proposal proposes an access that is much better than the existing access which is tight against the side of the building with the advantage of having better visibility in both directions and an easier turning circle for both coming in and going out. It is not considered that creating the new entrance will cause significant harm to the character of the landscape provided the design remains simple and rural in nature. As the access track from the entrance to the field is already well established there will be no significant change here. The site is immediately adjacent to the class 3 county road which is sufficiently adequate to deal with traffic and, therefore, there is no major concern about highway issues in this case. It is considered that the proposal is acceptable in terms of Policy CH33 of the GUDP. 5.5 Nature Conservation Issues To the north-west of the site, approximately 140m away, there is a special area of conservation that runs parallel with afon Geirch, the Cors Geirch Site of Special Scientific Interest (SSSI) and the Llŷn Fens Special Area of Conservation (SAC). At the time of preparing this report, the unit had not received the Countryside Council’s response to the development and, therefore, cannot fully assess the possible impact.

6. Conclusions: 6.1 The present application is for undertaking engineering works of levelling part of the field and landscaping around it, along with undertaking improvements to the existing vehicular access. It is not considered that the proposal would have a detrimental impact on the area’s visual amenities which are within a Landscape Conservation Area. It is considered that the proposal is acceptable in respect of road safety and amenities of nearby residents.

7. Recommendation:

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

1. Commencement within five years. 2. Landscaping. 3. To plan and construct the access in accordance with the submitted plans. 4. To safeguarding public footpath no. 8 nearby. 5. To prevent surface water from running from the curtilage of the site to the highway. 6. Visibility splays.