PWYLLGOR CYNLLUNIO DYDDIAD: 17/01/2011 PLANNING COMMITTEE DATE :

EITEM CAIS RHIF CYMUNED LLEOLIAD ITEM APPLICATION COMMUNITY LOCATION NUMBER

1 C10M/0101/08/AM Penrhyndeudraeth Tir ger / Land nr Pen y Bryn, Penrhyndeudraeth 2 C10M/0140/09/R3 Tywyn Llyfrgell Tywyn/Tywyn Library, Ffordd Neifion/Neptune Road, Tywyn 3 C10D/0264/44/LL Porthmadog Uned 2, Stad Diwydiannol Penamser, Porthmadog 4 C10D/0328/40/LL Llannor Rhan Cae / Part Field 2900, Ger/Nr. Glanafon, Ffordd Abererch, Pwllheli 5 C10D/0386/40/R4 Llannor Rhan Cae / Part Field 4956 (Ger/Nr Doltrement), Tir /Land Fferm Prior, Abererch, Pwllheli 6 C10D/0427/39/LL Llanengan Fisherman’s Creek, 4 Maes Awel, Abersoch 7 C10D/0433/39/LL Llanengan Safle Carafanau/Caravan Site Nant y Big, Abersoch, Pwllheli 8 C10A/0450/16/AM Llandygai Llys y Bryn, Tregarth, Bangor 9 C10D/0468/45/R3 Pwllheli Cyffordd Rhes Mitre/Stryd Penlan, Pwllheli, 10 C10D/0469/45/R3 Pwllheli Y Maes, Pwllheli, 11 C10A/0485/20/LL Y Felinheli Llain o dir/Plot of land Ffordd Glan y Môr/Beach Road, Y Felinheli,

Number : 1

Application Number: C10M/0101/08/AM Date Registered: 24/08/2010 Application Type: Outline Community: Penrhyndeudraeth Ward: Penrhyndeudraeth

Proposal: OUTLINE APPLICATION FOR THE ERECTION OF 8 AFFORDABLE DWELLINGS Location: LAND NEAR PEN Y BRYN , PENRHYNDEUDRAETH , LL486RP

Summary of the TO DELEGATE THE RIGHT TO APPROVE Recommendation:

Description: The application was deferred at the committee meeting held on 1 November 2010 in order to provide the applicant with the opportunity to submit amended plans showing a reduction in the number of houses to be developed in order to safeguard the wetland on the lowest part of the site and to receive the observations of the Transportation Unit and the Environment Agency to the drainage plan submitted on the date of the Committee and in order to consider whether or nor there were more suitable sites within the boundary.

Amended plans were received on 30 November 2010 and on 8 December 2010 following discussions with the applicant, his planning agent and project agent. There was a discussion on the number of houses and their location so that the wetland on the lowest part of the site could be safeguarded from development, and also road issues and the location of other housing sites in the area. The amended plans show that the number of houses has been reduced from the original 10 units to 8 houses and they have been relocated, along with the road, to the north of the site and the lowest part of the site has been retained as wetland. There was a further consultation on the amended plans.

As a consequence of agreeing on a plan to safeguard the wetland, the northern boundary of the site had to be extended approximately 20m with an addition of 0.02ha to the original area of 0.39ha. As there was no change to the application itself, except for reducing the number of houses from 10 to 8, and the extension to the boundary of the application site (which is an outline, rather than a full planning application), was so insignificant that it was not considered that there was any justification in requesting a new application. Therefore, it was decided to reconsult with everyone regarding the amended application.

The proposal is now, an outline application for the development of 8 affordable dwellings on a rural exception site that lies adjacent to, but outside the development boundary of Penrhyndeudraeth. The amended plans show a proposal to erect four pairs of semidetached houses and it is proposed to create an access to the development in the north west of the site leading off the existing estate of singlestorey dwellings and the estate road would measure approximately 5.5m wide with a pavement measuring approximately 1.8m on one side with a service strip measuring 0.7m on the other side of the road which will extend to the northeast part of the site where there will be a hammerhead turning area.

The site lies on a moderate slope in close proximity to the northern boundary and is fairly marshy and wet with some willow trees growing on the lowest part of the site. An unclassified road runs on the other side of the stone boundary wall to the east of the site, and an estate of singlestorey dwellings abuts the site to the west. There is open agricultural land to the north of the site and two new dwellings have been erected to the south of the site. Permission was granted to erect these two dormer bungalows in 2004 and 2006 and both have already been completed. Further to the south, near the house known as Green Hill, a new house is in the process of being constructed which was approved in September 2005.

All of the semidetached houses measure 11.50 metres long, 9 metres wide and 8.5 metres high and all the units have three bedrooms. The floor area of all the units will measure 103.5m 2 that will be rather more than the maximum floor area (100m 2) that is considered suitable for affordable houses in the Council's Affordable Housing Supplementary Planning Guidance.

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

Gwynedd Unitary Development Plan 2009: Policy A2 Protect the Social, Linguistic and Cultural Fabric of Communities Safeguard social, linguistic or cultural solidarity within communities against significant harm due to the size, scale or location of proposals.

B10 – Protecting and Enhancing Landscape Conservation Areas Safeguard and enrich Landscape Protection Areas by ensuring that proposals conform with a series of criteria aimed at avoiding significant damage to recognised features.

Policy B17 – Protecting sites of regional or local significance Refuse proposals which are likely to cause significant damage sites of regional or local significance unless they conform to a series of criteria aimed at protecting, enhancing and managing recognised features within the sites.

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

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

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

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

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

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

Policy CH7 – Affordable housing on rural exception sites directly adjoining the boundaries of villages and local centres Permit affordable housing on rural sites directly adjoining the boundaries of Villages and Local Centres if they conform to criteria relating to local need, affordability and impact on the form of the settlement.

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

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

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

»Supplementary Planning Guidance: Affordable Housing (November 2009) – Note the need for an Affordable Housing Statement to support applications in order to convince the Council that it is appropriate to deviate from the usual policy of not approving new housing developments on sites that would not usually receive consent for housing.

Housing Developments and Open Spaces of Recreational Value (November 2009) – Guidance regarding the ideal standards and arrangements associated with dealing with this issue.

Planning and the Welsh Language (November 2009) – Guidance on development and the Welsh Language and culture that refers to the need to receive information in order to facilitate the work of assessing the impact of the development on the local community.

National Policies: Planning Policy Wales – Edition 3 (July 2010) – para. 9.2.23 – reference is made to affordable housing on sites outside the development boundaries of rural settlements provided there is appropriate evidence to justify the deviation from the usual planning policy. Otherwise, only new houses for agricultural and forestry workers are usually approved. Part 4.10 – Promote sustainability through good design Part 4.11 – Planning for Sustainable Buildings Para. 8.7.1 – Development Control and Transport

Technical Advice Note 2: Planning and Affordable Housing (2006) – Para. 10.13 and 10.14 note that developments of exception sites should be small, for affordable housing only and the housing should alleviate the needs of local people in perpetuity.

Technical Advice Note 15: Development and Flood Risk (2004) – advice on how to use development advice maps, nature of the development or land use, justify the location of the built development, and assess the flood impact.

Technical Advice Note 18: Transportation (2007) – advice on integration between land use planning and transportation, location of developments, parking, planning developments, walking and cycling, public transport, planning for the transport infrastructure and assessing the impacts and managing implementation.

Relevant Planning History: An outline planning application was received in January 2010 for the construction of 12 houses on the site but the application was withdrawn to submit an amended application for 10 houses and has now been amended, following discussions, to 8 houses.

Consultations:

Community/Town Council: Object because the land is outside the development boundary and as there is evidence that the need for affordable dwellings is very small and as the public road leading to the estate is narrow and is only wide enough for one car to travel along it at any one time. This would be dangerous and unacceptable, in particular at the busiest times of the day. No response had been received to the second consultation at the time of preparing the report.

Transportation Unit: Suggest standard conditions in relation to completing the estate road, lighting, pavements, measures for preventing surface water from discharging to the road from the curtilage of the site.

Environment Agency: The site is entirely within zone A on the development advice maps referred to in Technical Advice Note 15: Development and Flood Risk. On 23 November 2010 an email was received by the Agency stating their satisfaction with the drainage plan. No response had been received to the second consultation at the time of preparing the report.

Welsh Water: Propose conditions regarding sewerage. No response had been received to the second consultation at the time of writing the report.

Affordable Housing Officer: Confirms that initial discussions have taken place between the agency and UNDOD (the Local Housing Association consortia) and UNDOD is interested in implementing a plan based on the fact that Social Housing Grant funding is available and that it is a strategic priority for Gwynedd. Attention is drawn to the fact that Penrhyndeudraeth is a town within the Porthmadog catchment area, therefore, there is a need to consider that ‘local’ includes this broader area. The results of the housing survey undertaken in the Penrhyndeudraeth area in 2008 shows that there is an interest in affordable housing and social housing to rent or partpurchase. The waiting figures also confirm the actual interest in social housing to rent in the area. No response had been received to the second consultation at the time of preparing the report.

Biodiversity Unit: The habitats on the site are a mixture of wetland dominated by rushes and the dry ground on a slope above has a few trees. The habitat is of moderate value to biodiversity and the content of an ecological report by Chris Hall, dated 23 March 2010, states that there is no evidence of the existence of water voles on the site. It is noted that the amended plan has reduced the number of houses to 8 units and shows an area of wetland. Propose conditions, should the committee wish to approve the application, that no hedges or vegetation are to be cleared in the bird nesting season (1 st April to 31 st August); need a plan to eradicate and manage Japanese Knotweed; prepare a plan to improve biodiversity on the land and protect the wetland.

Countryside Council for Wales: The Council is satisfied with the content of the protected habitat survey (Hall C, 23/2/2010). No objection to the amended plan.

Public Protection Unit: Not received.

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The second period of advertising ends on 6 January 2011 and one letter was received objecting to the amended plans when the agenda was being prepared and the objections related to the following: • Expressing the opinion that there should be a new application as the red boundary line had changed from the original application and the number and setting of the houses had changed also. • Expressing concern that no levels, elevations and crosssections had been shown on the application. • Expressing concern that the correct certificate of ownership has not been included with the application.

Prior to the committee on 1 November 2010, 17 letters of objection had been received to the original plan of 24/08/10, on the following grounds: • There is no need for affordable housing as there are so many low cost housing for sale nearby and in the town. • Concern that the public service road leading from the trunk road is too narrow and without a pavement for such a development, it would lead to concern for the safety of pedestrians, in particular children and disability scooters. • The land is wetland and there are concerns that the development would add to surface water, thus leading to local floods. • Concern that the residents of the affordable housing would be unable to obtain insurance on land with a history of being wetland. • That species such as the water vole, bats, owls and other species feed and live in the wetland. • At present, the land is open and quiet and there is concern that the development would lead to increased traffic, increase in noise and nuisance. • Concern that the existing culvert overflows. • Concern about the increased pressure on the vulnerable sewerage system. • Question why part of the application refers to a 12 dwelling development as it could be a misleading description.

Additional Information: The application is submitted for the Committee’s consideration in accordance with the Council’s delegation scheme as it is a development of 5 or more residential houses and consideration of the application has been deferred previously by the Planning Committee.

Material Planning Considerations: The main considerations in the case of the current application are affordable dwellings on rural exception sites, type of housing and amenities, flooding, biodiversity, roads and parking.

Affordable housing on a rural exception site 1. The proposed application site is located on a rural exception site outside the development boundary of Penrhyndeudraeth as noted in the Gwynedd Unitary Development Plan and is unsuitable for an open market housing development as that would be contrary to local and national policies. However, the site directly abuts the development boundary and considering its location (i.e. directly adjacent to the development boundary), and the fact that Penrhyndeudraeth has been defined as a ‘Local Centre’ in the Unitary Plan, it is possible to consider the principle of developing affordable housing on this site against Policy CH7 (‘Affordable housing on rural exception sites directly adjoining villages and local centres’) as an exception to the Unitary Plan’s housing policies.

2. Officers have considered other sites in the area and discussions were held with the owner of Meusydd Llydan, Penrhyndeudraeth, located approximately 150m from the site of Pen y Bryn. The prospective applicant considers that this site could offer up to 8 affordable houses on the rural exception site that would be outside but abutting the development boundary and developing 6 open market houses within the boundary where approximately 2 affordable houses could be requested as a percentage of the development. The Council has not received a planning application for this site and there is no timetable for submitting an application for the site that would, as part of the development, offer to widen the nearby narrow county road for the benefit of all developments in the area, including the application for Pen y Bryn. Other sites were considered with the Affordable Housing Officer and it was noted that there were housing development lands within the boundary of Penrhyndeudraeth but it appears that currently no progress was being made on the sites at Cae Canol and land near Bethel Terrace. It would be expected that a proportion of affordable housing would be available on these two sites that have been earmarked in the Unitary Plan and it is likely that the financial climate is a key factor in all of this. Furthermore, the officer states that the waiting list figures confirm the actual interest in social housing to rent in the area.

3. Planning applications for affordable dwellings would need to be based on genuine proven need for such housing and a speculative application should not be submitted. It is noted that a letter was submitted with the planning application confirming the connection with a housing association in terms of the proposal that would be likely to offer assurance that it would be possible to proceed to satisfy any current need for affordable housing. (Thus far, no written confirmation of this has been received regarding the site of Meusydd Llydan although this had been requested). In terms of the need, the Council’s Policy Unit refers to a survey of the housing needs of the area of Penrhyndeudraeth Town Council held in 2008 where 59 of the respondents want to move within 5 years and 25 respondents note the need to move because their existing house is too small and 14 responses were received noting the need to live independently. In relation to the value of the property that respondents could afford if they purchased a residential property, the following was noted:

• 9 respondents noted affordability as: Less than £40,000 • 11 respondents noted affordability as: £40,001 – 60,000 • 6 respondents noted affordability as: £60,001 – 80,000 • 5 respondents noted affordability as: £80,001 – 100,000 • 8 respondents noted affordability as: £100,001 – 120,000

4. Furthermore, the ‘Hometrack’ computer system notes the following information regarding the average house prices and lowest quartile house prices in Penrhyndeudraeth as follows:

Period July 2008 January July January July 2009 2009 2010 2010

Average £154,826 £149,500 £152,643 £121,022 £139,144 Price Lowest £110,000 £105,000 £100,000 £85,000 £95,000 Quartile Price

5. It is considered that by comparing the information in the 2008 survey with the figures on the ‘Hometrack’ data system, that there is a need for affordable housing in Penrhyndeudraeth, although it is acknowledged that individual houses are for sale in the town. There would be a need to ensure, in any details plan, that the nature of the housing are genuinely going to address the type of affordable housing required locally and there would be a need for a legally binding agreement with the Council before releasing a judgement on this in order to ensure that all are bound to a section 106 agreement, binding the occupation of the houses to local residents who need an affordable house, in accordance with the rural exception housing objectives of policy CH7 of the Unitary Plan.

6. A ‘Community and Language Statement’ has also been submitted with this application which satisfies Policy A2 of the Unitary Plan and it is considered, as this is a proposal to develop affordable housing for general local need, that it is unlikely to have a substantial negative impact on the community nor that it would be detrimental to the Welsh Language.

Type of housing and amenities 7. The site is surrounded by a residential area on three sides and it is also noted that housing is located approximately 10m beyond the northern boundary of the site and it is considered that the development would create a logical extension to the town without creating a fragmented development pattern. Nevertheless, it should be noted that the land was included within the development boundary in the deposit draft version of the Unitary Plan in 2004 and on the grounds of the Inspector’s recommendation following the public inquiry to the Unitary Plan, that the boundaries should be tightened, the site was made exempt and the boundaries of Local Centres and Villages, amongst other things, were tightened. It was decided to exempt the site and place it outside the development boundary in the ‘Proposed Amendments’ of the Unitary Development Plan in 2008.

8. A design and access statement was submitted with the application and in one part of it the applicant states that all the proposed units would meet the national standards that would satisfy Level 3 of the Code for Sustainable Homes. A substantial reduction would be expected (Reduction in Carbon Emissions of a minimum of 31% higher than the Building Regulations 2006) in the Carbon produced by new dwellings and if the application is approved the applicant will need, via a planning condition, to provide a final certificate before occupying the houses and ensure compliance to satisfy the standard of the Code for Sustainable Homes.

9. From the aspect of visual amenities, the site lies within a depression in the landscape and in this amended application, it is proposed to reduce the number of houses in this conspicuous location from 12 (in the application withdrawn in February 2010 to 10 two storey houses in the application registered on 24 August 2010), to 8 twostorey houses. It is considered that the proposed houses have been relocated approximately 20 metres away in a northern direction on higher ground in order to maintain the wetland to the south. Nevertheless, it is considered that the amendment will allow a better design and setting with building materials that are inkeeping with the appearance of the local area, e.g. the finish of external walls of local traditional character with timber and slate roofs to ensure that they merge into the landscape better. The reduction in the size of the proposed development allows more amenity land between the houses in order to ensure suitable landscaping and open spaces of recreational value. The proposal is not likely to substantially harm the amenities of nearby residents.

10. There would be a need to ensure in any reserved matters application that the size of the proposed units are acceptable in order to ensure that they are genuinely affordable and are proportional to the need. As a letter was submitted with the planning application noting the possibility that a Housing Association will be linked to the approved application, the size of the houses must comply with the rules that are clear in documents such as the Wales Development Quality Requirements Booklet and the Wales Housing Quality Standard. Apart from that, then the size of the affordable housing should comply with what is noted in paragraph 5.17 of the Supplementary Planning Guidance on ‘Affordable Housing’. The Guidance notes the following maximum sizes in relation to 3 and 4 bedroom houses.

Singlestorey, 3 90m 2 Twostorey, 3 100m 2 bedroom house bedroom house Singlestorey, 4 105m 2 Twostorey, 4 120m 2 bedroom house bedroom house

11. It is considered that the development of 8 affordable units would have a low impact on the character and appearance of the area, and would satisfy the needs of the users of the development in a sustainable climate, therefore, it would comply with policies B22, B23, B25, C1 and C7 of the Unitary Plan.

Floods and Surface Water 12. A Flood Consequence Assessment was submitted with the application and later, prior to the Planning Committee of 1 November 2010, details of the drainage plan for the site were received. The drainage report states that the calculations and the design details conform with the requirements of Technical Advice Note 15 and the guidelines of the Local Highways Authority and in its response, dated 12 November 2010, the Environment Agency state that they agreed with the details of the underground floodwater storage space and suggested conditions relating to the provision of flood storage and sectioning the watercourse and the Transportation Unit suggest a standard condition involving the treatment of surface water to prevent it from discharging onto the road.

13. It is considered that the site has been identified as one within a zone ‘A’ on the Flooding Development Advice Maps and Technical Advice Note 15: Development and Flood Risk emphasises that flooding is unlikely to restrict development in this zone. The site is located on a wetland site where three small watercourses meet and the Environment Agency states that the only outlet is a closed pipe which has the potential to become sub standard. Concern has been expressed about the likely effect of surface water floods from the direction of the land above and by now the Environment Agency is satisfied with the drainage details, conditional on agreeing on the amendments to the recent plan for 8 houses.

14. The applicant has submitted a Flood Consequence Assessment and details regarding the land levels and suggestions to prevent and alleviate flooding to the Environment Agency for further observations in accordance with the principles of Policy B29 of the Gwynedd Unitary Development Plan (and national policy advice, without such an assessment no application can be supported for a residential development on the site). The Agency is willing to support the application that will require a land drainage licence from the Agency on condition that the main alleviating steps involving installing internal floors raised to 300mm above the surrounding land and installing underground flood storage and sections to the watercourse. Should development be approved on the site, officers are satisfied that the mitigating measures conform to the requirements of policy B29 of the Unitary Plan and delegating any rights to approve any development on the land could be considered subject to receipt of the final observations of the Environment Agency on the amended plan for the 8 houses.

Biodiversity 15. In terms of policy involving biodiversity, the site is located partly on wet land that is part of a Candidate Wildlife Site and in order to assess the species of the habitat, an ecological report was prepared by an expert on behalf of the applicant. It was discovered that there was no evidence of water voles at the site and the biodiversity unit states that the habitat is of a medium value to biodiversity. The Biodiversity Unit is satisfied that the amended plan shows that the proposed development has been moved in a northerly direction and reducing the number of houses to 8 in order to retain the lowest part of the site as wetland. There will be a need to ensure planning conditions that will prevent the development of the wetland, should the application be approved, and to safeguard shrubs or vegetation from being cleared in the bird nesting season (1 st April to 31 st August) and a plan would be needed to remove and manage Japanese Knotweed along with providing a plan to improve the biodiversity of the land in order to protect and improve the biodiversity value of the wetland as part of the habitat management plan and in order to ensure compliance with policies B10 and B17 of the Unitary Plan.

Roads and Parking 16. In terms of highways, the proposal shown indicates two parking spaces for each house and an access leading through the existing estate of bungalows is linked to a single track back road without a pavement, off the highway. The observations of the Transportation Unit were received stating their satisfaction with the amended plan that ensures the new estate road is 5.5m wide so that it is of sufficient width for large vehicles and in order to ensure suitable access through the nearby estate, the plan was modified to widen the road on land owned by Cartrefi Cymunedol Gwynedd, which is outside the boundary of this application site. The Transportation Unit proposed standard conditions in relation to ensuring sufficient width for the road and pavement, parking provision, surface water drainage system, gradual development of the road and lighting.

17. It is considered that the road creates a loop towards the site off the A487 highway and it is acknowledged that the public road is very narrow in parts, however, it is now considered that it could be driven along with care. Road safety is an important consideration when discussing the current application and the Service is of the opinion that the proposal complies with Policies CH33 and CH36 of the Gwynedd Unitary Development Plan.

Conclusions: Following an assessment of all the abovementioned issues, it is considered that the application in its amended form on a rural exception site is acceptable in principle for the construction of 8 affordable dwellings for general local need that would be in accordance with the local and national policies noted above. The applicant will need to complete a legal 106 agreement with the Council within a reasonable period which would restrict the occupancy of all proposed dwellings on the site in accordance with the requirements of Policy CH7 of the Unitary Plan.

The current proposal would allow for the provision of 8 affordable houses for local people and would manage the progress of energy efficiency and appropriate renewable technologies by means of a condition that would satisfy at least level 3 of the Code for Sustainable Homes. In order to ensure the continuation, protection and enrichment the area’s character the applicant will be expected to show clearly in any details application received in future that they will have given positive attention to the characteristics of good design and form and materials used in local buildings consistent with the policies of the Unitary Plan.

A Flood Consequence Assessment report was submitted with the application, along with a drainage plan and now the Environment Agency is satisfied with the drainage details. The Agency is aware that there have been floods in the surrounding area of the site as there is a possibility that the outlet pipe on the lower part of the site is substandard and, therefore, whilst there is agreement on the drainage details for 10 houses, there will need to be agreement on the amendments to the recent plan for 8 houses that are partly on a new section of the site that is a very small percentage of the original area of the application. It is not considered that the addition of approximately 20m to the northern boundary of the site to create an acceptable development that will safeguard the wetland will change the character of the application and it is not considered that the addition of the new land to the current application warrants a new application.

In relation to the amended location and setting of houses on the site, it will be necessary to agree to raise the finished floor levels in relation to flood requirements and subject to this, it is considered that there will be no substantial detrimental impact on the privacy of amenities and overlooking nearby houses. With a landscaping and replanting of indigenous trees condition, it would be possible to alleviate any impact on nearby residents in order that the proposal is not contrary to Policy B23.

The observations of the biodiversity officers were considered and it was concluded that it would be possible to mitigate the likely impact of the development by imposing a condition that a Habitat Management Plan is prepared in order to maintain local biodiversity and include wetlands as part of the development. The parking arrangements satisfy the general road safety policy requirements and the width of the road would need to be amended sufficiently for large vehicles.

Recommendation: To delegate powers to the Planning Manager to approve the application subject to the applicant signing a 106 agreement restricting the occupancy of all houses to local need for affordable houseS and receiving further observations from the Transportation Unit and the Environment Agency on the amended plans – conditions – details to be submitted; agree on the drainage plan; finished levels; materials; landscaping; safeguard the wetland from development; prepare a habitats management plan; Japanese Knotweed management plan; no hedges to be cut during the bird nesting season; roads; removal of permitted development rights to extend the houses.

Number : 2

Application Number: C10M/0140/09/R3 Date Registered: 20/12/2010 Application Type: Full Planning Community: Tywyn Ward: Tywyn

Proposal: ERECT TWO SINGLE STOREY EXTENSIONS TO FRONT AND REAR OF BUILDING TOGETHER WITH EXTERNAL ALTERATIONS TO INCLUDE ACCESS RAMP TO REAR OF BUILDING (AMENDED PLANS TO THOSE PREVIOUSLY APPROVED UNDER REFERENCE C10M/0062/09/R3) Location: TYWYN LIBRARY , NEPTUNE ROAD , TYWYN , LL369HA

Summary of the To approve with conditions. Recommendation:

Description: A full planning application to amend the plan approved in July 2010 for the erection of two singlestorey extensions to the front and rear of the building, along with external modifications to include an access ramp to the rear of the building. The current application is for modifying the design of the front roof near the entrance of the building. It would modify the flat roof with a felt roof in order to install a pitched roof with natural slate as an addition and a continuation of the existing pitched roof. The construction work has already commenced. The construction work of providing an exhibition area, office/interview room and reconfiguring the access to the building has commenced in accordance with the previous planning permission. The extension on the front of the building will measure 12.2 metres long by 2 metres wide and 2.9 metres high and the back extension will measure 4.9m long by 2.8 m wide and 3.2 m high. The extensions in their entirety will add 45m 2 of floor space that is an addition of 23% in space compared to the existing library.

It is proposed to have a finish and render in an ivory colour for the walls of the extensions with the roofs finished in felt and slate. The proposal includes installing an access ramp at the rear of the building measuring 7.1m long by 1.2 m wide with a handrail for the ramp measuring 0.9m high and it is proposed to replace the existing door on the northern elevation of the site with a window and create a fire exit door on the eastern elevation of the building. As a consequence of these extensions and modifications the windows and doors will be made of plastic.

The library is in a fairly central location in the town of Tywyn. Council Offices are located to the north of the site and to the west and south are the youth hall and the playing fields of the secondary school. An unclassified public road runs along the eastern boundary of the site.

The building in question is singlestorey and has a mixture of pitched and flat roofs with the extensive part of the building under a pitched roof finished with natural slate. The flat roofs have been finished with felt. The walls of the building are finished in a mixture of stone, brick and pebbledash with the existing windows and doors made of plastic and wood.

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

Gwynedd Unitary Development Plan 2009: Policy B22 – Building Design Promote the design of good buildings by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features and character of the local landscape and environment.

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

Policy B24 – Adapting and Extending Buildings within Development Boundaries, Rural Villages and the Countryside Ensure that proposals for adaptations or extensions to buildings conform to a series of criteria aimed at protecting the character and amenity value of the local area.

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

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

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

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

National Policies: Planning Policy Wales (Issue 3, July 2010) Technical Advice Note (Wales) 12: Design Technical Advice Note (Wales) 11: Noise

Relevant Planning History: C10M/0062/09/R3 – In July 2010, an application was approved by the Meirionnydd Area Committee to construct a singlestorey extension to the front and rear of the building, along with external alterations, to include an access ramp to the rear of the library and by now this application has been implemented.

Consultations:

Community/Town Council: Not received.

Transportation Unit: Not received.

Environment Agency: Not received.

Welsh Water: Not received.

Public Protection Unit: Not received.

Access Officer: Not received.

Public Consultation: A notice was placed on the site on 7 December 2010. The advertising period ends on 28 December 2010 and no observations had been received at the time when the agenda was being prepared.

Additional Information: 1. This application is submitted to the committee as the building is owned by the Council.

2. An acceptable Design and Access Statement was submitted with the application.

Material Planning Considerations:

Location 1. The library is located within the town boundary of Tywyn. Also, the hall is central to the town and accessible for the local community and it is in close proximity to various modes of public transport, such as buses and trains. Therefore, it is believed that many users of the library are not dependent on the use of a car. The proposal therefore complies with the content of policy Ch37 of the GUDP.

Road Safety 2. There is a public parking provision adjacent to the site. As upgrading the existing building is in question and as there will not be a substantial increase in the use of the library, it is not considered that additional parking provision is required. Therefore, it is considered that the proposal is acceptable in terms of Policy Ch33 of the GUDP.

Design and Finish 3. It is considered that the extensions follow the height and width of the existing library and respects its symmetry and scale. In addition, the modification to the roof of the new access will be an improvement to the plan previously approved and will be inkeeping with the existing building and it is considered that the size of the extension compared to the existing building is acceptable. The extension and the modifications respect the form of the adjoining townscape and will not have an adverse effect on any important views. Therefore, it is considered that the proposal complies with the criteria set out in policies B22 and B24 of the GUDP and the guidance provided by TAN 12 – Design.

4. It is proposed that the finish of the extension will match the existing library. It is proposed to have a finish and render in an ivory colour for the walls of the extensions with the roofs finished in felt and slate. It is considered that these finishes are acceptable and comply with the content of Policy B25 of the GUDP.

Amenities 5. There are no residential units located near to the proposed extensions and it is not considered that there will be a detrimental effect on users of nearby properties. The extensions will not lead to overdevelopment of the site and it is not anticipated that there will be a substantial increase in the use of the library as a consequence of the development. Therefore, it is considered that the proposal conforms with policy B23 of the GUDP and the relevant policies of TAN11: Noise.

Access for All 6. The contents of the Design and Access Statement shows that consideration has been given to the access to the building by a wide range of individuals including those who are disabled. The new access and access ramp will be far more convenient than the existing access arrangements. Therefore, the proposal complies with the contents of policies Ch30 of the GUDP and the relevant clauses of TAN 12 Design.

Conclusions: It is considered that the development is acceptable from the aspect of not having a substantial effect on the amenities of nearby residents or the safety of the adjoining highway. Also, it is considered that the location, design, finish and form of the development is acceptable and is in keeping with the existing building. Following a discussion on the abovementioned planning considerations, it is considered that the proposal is acceptable for the location in question and complies with the local and national policies listed above.

Recommendation: To delegate the right to the Planning Manager to approve the application, subject to receiving the observations of the Town Council and the Transportation Unit, and no objections being received before the end of the statutory consultation period – conditions – commence within five years, in accordance with the plans, external materials to be approved.

Number : 2

Application Number: C10M/0140/09/R3 Date Registered: 20/12/2010 Application Type: Full Planning Community: Tywyn Ward: Tywyn

Proposal: ERECT TWO SINGLE STOREY EXTENSIONS TO FRONT AND REAR OF BUILDING TOGETHER WITH EXTERNAL ALTERATIONS TO INCLUDE ACCESS RAMP TO REAR OF BUILDING (AMENDED PLANS TO THOSE PREVIOUSLY APPROVED UNDER REFERENCE C10M/0062/09/R3) Location: TYWYN LIBRARY , NEPTUNE ROAD , TYWYN , LL369HA

Summary of the To approve with conditions. Recommendation:

Description: A full planning application to amend the plan approved in July 2010 for the errction of two singlestorey extensions to the front and rear of the building along with external modifications to include an access ramp to the rear of the building. The current application is for modifying the design of the front roof near the entrance of the building. It would modify the flat roof with a felt roof in order to install a pitched roof with natural slate as an addition and a continuation of the existing pitched roof. The construction work has already commenced. The construction work of providing an exhibition area, office/interview room and reconfiguring the access to the building has commenced in accordance with the previous planning permission. The extension on the front of the building will measure 12.2 metres long by 2 metres wide and 2.9 metres high and the back extension will measure 4.9m long by 2.8 m wide and 3.2 m high. The extensions in their entirety will add 45m 2 of floor space that is an addition of 23% in space compared to the existing library.

It is proposed to have a finish and render in an ivory colour for the walls of the extensions with the roofs finished in felt and slate. The proposal includes installing an access ramp at the rear of the building measuring 7.1m long by 1.2 m wide with a handrail for the ramp measuring 0.9m high and it is proposed to replace the existing door on the northern elevation of the site with a window and create a fire exit door on the eastern elevation of the building. As a consequence of these extensions and alterations the windows and doors will be made of plastic.

The library is situated fairly central in the town of Tywyn. North of the site are the Council offices and to the west and south is the youth hall and the playing fields of the secondary school. An unclassified public road runs along the eastern boundary of the site.

The building in question is one storey and has a mixture of pitched and flat roofs with the extensive part of the building under a pitched roof finished with natural slate. The flat roofs have been finished with felt. The walls of the building are finished in a mixture of stone, brick and pebbledash with the existing windows and doors made of plastic and wood.

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

Gwynedd Unitary Development Plan 2009: Policy B22 – Building Design Promote the design of good buildings by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features and character of the local landscape and environment.

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

Policy B24 – Adapting and Extending Buildings within Development Boundaries, Rural Villages and the Countryside Ensure that proposals for adaptations or extensions to buildings conform to a series of criteria aimed at protecting the character and amenity value of the local area.

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

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

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

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

National Policies: Planning Policy Wales (Issue 3, July 2010) Technical Advice Note (Wales) 12: Design Technical Advice Note (Wales) 11: Noise

Relevant Planning History: C10M/0062/09/R3 – In July 2010, an application was approved by the Meirionnydd Area Committee to construct a single storey extension to the front and rear of the building along with external alterations, to include an access ramp to the rear of the library and by now this application has been implemented.

Consultations:

Community/Town Council: Not received.

Transportation Unit: Not received.

Environment Agency: Not received.

Welsh Water: Not received.

Public Protection Unit: Not received.

Access Officer: Not received.

Public Consultation: A notice was placed on the site on 7 December 2010. The advertising period ends on 28 December 2010 and no observations had been received at the time when the agenda was being prepared.

Additional Information: 3. This application is submitted to the committee as the building is owned by the Council.

4. An acceptable Design and Access Statement was submitted with the application.

Material Planning Considerations:

Location 7. The library is located within the town boundary of Tywyn. Also, the hall is central to the town and accessible for the local community and it is in close proximity to various modes of public transport, such as buses and trains. Therefore, it is believed that many users of the library are not dependent on the use of a car. The proposal therefore complies with the content of policy Ch37 of the GUDP.

Road Safety 8. There is a public parking provision adjacent to the site. As upgrading the existing building that is in question and there will not be a substantial increase in the use of the library, it is not considered that additional parking provision is required. Therefore, it is considered that the proposal is acceptable in terms of Policy Ch33 of the GUDP.

Design and Finish 9. It is considered that the extension, that follows the height and width of the existing hall, respects its symmetry and scale. In addition, the modification to the roof of the new access will be an improvement to the plan previously approved and inkeeping with the existing building and it is considered that the size of the extension compared to the existing building is acceptable. The extension and the modifications respect the form of the adjoining townscape and will not have an adverse effect on any important views. Therefore, it is considered that the proposal complies with the criteria set out in policies B22 and B24 of the GUDP and the guidance provided by TAN 12 – Design.

10. It is proposed that the finish of the extension will match the existing library. It is proposed to have a finish and render in an ivory colour for the walls of the extensions with the roofs finished in felt and slate. It is considered that these finishes are acceptable and comply with the content of Policy B25 of the GUDP.

Amenities 11. There are no residential units located near to the proposed extensions and it is not considered that there will be a detrimental effect on users of nearby properties. The extensions will not lead to overdevelopment of the site and it is not anticipated that there will be a substantial intensity in the use of the library as a consequence of the development. Therefore, it is considered that the proposal conforms with policy B23 of the GUDP and the relevant policies of TAN11: Noise.

Access for All 12. The contents of the Design and Access Statement shows that consideration has been given to the access to the building by a wide range of individuals including those who are disabled. The new access and access ramp will be far more convenient than the existing access arrangements. Therefore, the proposal complies with the contents of policies Ch30 of the GUDP and the relevant clauses of TAN 12 (Design).

Conclusions: It is considered that the development is acceptable from the aspect of not having a substantial effect on the amenities of nearby residents or the safety of the adjoining highway. Also, it is considered that the location, design, finish and form of the development is acceptable and is in keeping with the existing building. Following a discussion on the abovementioned planning considerations, it is considered that the proposal is acceptable for the location in question and complies with the local and national policies listed above.

Recommendation: To delegate the right to the Planning Manager to approve the application, subject to receiving the observations of the Town Council and the Transportation Unit, and no objections being received before the end of the statutory consultation period – conditions commence within 5 years; in accordance with the plans; external materials to be approved.

Number : 3

Application Number: C10D/0264/44/LL Date Registered: 02/07/2010 Application Type: Full Planning Community: Porthmadog Ward: Porthmadog West

Proposal: CHANGE OF USE OF INDUSTRIAL UNIT TO 2 (A1) NONFOOD RETAIL UNITS TOGETHER WITH DEMOLITION OF EXISTING OFFICES AND ALTERATIONS TO CAR PARK Location: UNIT 2, PENAMSER INDUSTRIAL ESTATE , PORTHMADOG , GWYNEDD , LL 49 9NZ

Summary of DELEGATE THE RIGHT TO APPROVE WITH CONDITIONS . the Recommendation:

Description: The application was deferred at the meeting of the Dwyfor Area (Planning) Committee on 20 September 2010, at the request of the applicant, in order to provide an opportunity for him to submit additional information, and at the planning committee held on 1 November 2010 in order to hold further discussions with the applicant in relation to the proposed use.

The proposal involves the change of use of an industrial unit to two (A1) nonfood retail units, together with the demolition of existing offices and alterations to the car park. The offices to be demolished are located on the eastern side of the building and this side of the building, following the demolition of the offices, will be finished with the same materials as the remainder of the building to be in keeping and two canopies will be erected as an entrance to both shops. Otherwise, the external changes mainly involve closure of a goods door on the southern side of the building an opening two goods doors on the northern side of the building. It is proposed also, as part of the application, to make alterations to the car park with parking spaces located where the existing offices are located and also parking spaces located to the south of the building where currently there is an area of grass and it is proposed to create a loading/unloading area to the north of the existing building. Currently, there are 25 parking spaces within the curtilage of the property and the proposal would include 88 car parking spaces, 6 disabled parking spaces, 5 spaces for motorcycles and 9 spaces for bicycles.

The site is located within the development boundary of Porthmadog in the GUDP and the land has been designated as an employment protection site. The estate road is situated towards the southern and eastern boundary of the site and this road joins the highway towards the south east of the site. Further away to the east there are two retail shops and towards the north and west, units of the industrial estate. There is a housing estate on the opposite side of the highway towards the south.

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

Gwynedd Unitary Development Plan 2009: A3 – Refuse proposals if there is any possibility of serious or irreversible damage to the environment or the community unless the relevant impact assessment can show beyond doubt ultimately that the impact can be avoided or alleviated.

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

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

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

B26 Ensuring that proposals that are approved respect the scale, size, materials and architectural style of the building and the local vicinity.

B29 - Manage specific developments in the C1 and C2 flood zones and direct them towards suitable land in zone A unless they conform to a series of criteria relevant to the features of the site and to the purpose of the development.

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

C4 – Proposals to adapt buildings for reuse rather than demolish them will be approved provided they conform to specific criteria. These involve the suitability of the building for the proposed use, visual considerations and that the design respects the original building and the surrounding area. Buildings in the countryside must be permanent and structurally sound. They should be able to be adapted without substantial construction work. They should not disperse activities at a scale that would harm the vitality of towns and villages.

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

CH28 – Proposals for developments on a large scale will be refused if they cause a substantial increase in the number of journeys made in private vehicles where measures to reduce the environmental impact as part of a Traffic Assessment and/or Travel Plan have not been introduced. Developments which are planned and designed in a way that promotes the most acceptable environmental and sustainable modes of transport will be favoured.

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

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

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

D2 – Protecting land and units on Industrial Sites for use as Class Bl, B2 and B8 businesses. To approve developments which are not B1, B2 or B8 uses if they are smallscale supplementary business facilities; provide waste management facilities or other sui generis uses with similar features to activities in B1 and B2 classes; or, do not lead to lack of land units for B1, B2 and B8 uses.

D27 Proposals for retail stores selling comparison and/or convenience goods or extensions to existing ones on sites within or near Service Centres but outside the defined town centres identified on the Proposals Map will be approved provided all the relevant criteria can be complied with that involve the need for additional comparison or convenience goods floor space, the sequential test shows that a more suitable site is not available or likely to become available, the proposed development does not significantly harm the viability, vitality and attractiveness of the defined town centre or other adjacent shopping centres, that the site is genuinely accessible to a variety of modes of transport; travel patterns and the use of the private car; provision for refuse collection and recycling facilities. Planning conditions or agreements will be used to ensure that the unit will not change its makeup in a way that would significantly harm the attractiveness, viability or vitality of a town centre.

D31 – Proposals for individual shops in industrial units will be refused unless the shop is ancillary to the main use of the unit, the goods produced within the planning unit only are sold and the shop does not significantly harm either individually or cumulatively the vitality and viability of a town centre.

National Policies: Planning Policy Wales (2010) (Edition 3) Technical Advice Note 4: Retailing and Town Centres Technical Advice Note 12: Design Technical Advice Note 15: Development and Flood Risk Technical Advice Note 18: Transportation Technical Advice Note 22: Planning for Sustainable Buildings

Relevant Planning History: 2/24/C120 – Erection of a factory – Approved 30 June 1975.

2/24/120D – Alterations and an extension to form offices – Approved 24 July 1986.

2/24/120G Extension to an industrial unit – Approved 28 March 1991.

2/24/120H Extension to offices – Approved 6 January 1994.

95/00190/FUL – Extension to a warehouse and office – Approved 26 July 1995.

C98D/0234/24/LL – Installing two mobile cabins for a temporary period for use as offices – Approved 5 August 1998.

C09D/0108/44/R4 Use of existing building for storage, sorting and transfer of recycled materials together with existing storage and offices use – Refused 3 December 2009.

Consultations:

Community/Town Council: No objection.

Transportation Unit: Recommend amendments to the access and parking plan for the site, including having one vehicular entrance only to the site and reducing the width of that entrance and modifications to the disabled parking spaces. An amended plan has been received and the Transportation Unit’s response to that is awaited.

Environment Agency: The flood consequence assessment submitted to endorse the application was considered and on the grounds of the information submitted, the assessment shows that the flood hazards and consequences could be controlled to acceptable levels in accordance with the criteria of TAN 15. Therefore, there are no objections to the proposed development.

Welsh Water: Suggest that conditions should be imposed on any planning permission.

Policy Unit: Response to the original details submitted with the application After assessing all the relevant information submitted with the application, together with the assessment of the suitability of the site for retail use, it should be noted that the proposal would not conform to the principles of National Planning Policy or the principles of Local Planning Policy included in the Unitary Development Plan, specifically Policies D2, D27 (specifically criteria 2 and 3) and D31. These Policies safeguard the use of buildings located within an employment designation site so that they are protected for class B1, B2 and B8 uses. The existence of a comparatively small percentage of vacant units shows the popularity of existing retail units in Porthmadog. However, there are some vacant units located in the High Street that could possibly be suitable for any proposed retail need. It must be borne in mind also that the building has not been used in the last five years and consequently it does not contribute to the local economy but rather it is detrimental to the image of the Industrial Estate, especially as it is a comparatively large building and located in a fairly prominent location near the main entrance of the Industrial Estate. It is emphasised that it must be ensured that observations are received from the Economy and Regeneration Unit in order to obtain their opinion about the proposed development. Receiving information from this Unit will be important, especially bearing in mind that the DTZ Pieda survey has identified that there is a demand for class B1 use sites in urban centres.

Policy Unit: Further information from the applicant following a request for a deferral on 20 September 2010 The main issues highlighted in the additional information that has been submitted include the following:

1. As there are extant planning permissions for retail developments within the Penamser Industrial Estate that have not been implemented and are unlikely to be developed, there is a demand for a retail development in this location. 2. As there are only a small proportion of vacant units available in Porthmadog town centre and as the Chesterton Report (2001) forecasts growth in retail activity, there is justification for additional retail developments. 3. A retail development in this location would reduce the loss of retail activity to nearby towns and the development would not cause trade diversion at a level that would have a detrimental effect on the town centre. 4. The size of the proposed units means that it is unlikely to lead to a town centre retailer moving to this location. 5. The development would lead to creating employment opportunities. 6. Developing the site would lead to reusing a brownfield site that has been vacant for some time.

Further Response of the Policy Unit: additional observations

The claim that retail developments that have extant planning permissions but have not been implemented is not a justifiable reason for concluding that there is a need for the retail development in this location that would be a speculative claim. No evidence has been submitted to support the statement apart from guessing what the reasons were. It is important to bear in mind that policy D2 is the key policy as this designates/ protects the site for a specific purpose. The fact that there are extant planning permissions for retail developments along with permissions for other uses on the site means that the protection for employment in class B1, B2 and B8 uses has already been weakened. It is important to bear in mind the principles of Policy D2 – ‘Industrial Sites’, that safeguards land and units on Industrial Sites for industry or a business venture included in class B1, B2 or B8 uses. There are exceptions when it is possible to approve a development not included in this use class, namely:

••• The proposal would provide small scale ancillary business facilities that provides an appropriate service solely for the employees of the industrial/businesses located on the industrial site. ••• The proposal would provide waste management facilities or other sui generis uses with similar features to Class B2 or B8 activities. ••• The development would not result in a shortage of land or units for B1, B2 or B8 uses. In the case of this proposal, it would not conform to the first criterion or the second criterion. When considering conformity to the third criterion, there is a need to assess whether or not the development would lead to a scarcity of units for B1, B2 or B8 uses. A survey of land use in the Penamser Industrial Estate and Business Park was undertaken in the summer of 2009. The survey found that 56% of units located within the Business Park/ Industrial Estate were used for B1, B2 or B8 uses (namely the uses for which the site is protected). The other uses on the site included class A1, A3 and C1 uses or were vacant units or were sui generis uses.

As a little over half of all the units located within the Business Park and Penamser Industrial Estate are used for the uses proposed, care must be taken to ensure that no more of the units are used for uses except for those proposed for the site.

Since the Chesterton survey was undertaken, a substantial change has occurred in the economic climate that means that the growth in the retail sector has slowed down. Also, as there are some vacant units available within Porthmadog town centre, consideration should be given to utilizing these in the first place, unless it can be proved that the proposed use cannot be accommodated in these vacant units. No details have been submitted regarding the type of goods intended to be sold from the application site and, therefore, it makes it difficult to assess the suitability of town centre locations for the proposed use.

The supportive information states that retail use in this location would reduce the loss of retail activity to other nearby towns. This is entirely dependant on the type of retail activity that is proposed i.e. whether it is intended to sell specialist goods or comparative goods here. If specialist goods were to be sold from the site, it is unlikely to reduce the number of residents that would travel from Porthmadog to other nearby towns to maintain their retail activities.

It is acknowledged that the development would create employment opportunities, however, even if planning permission was to be approved for the development, there is no certainty that it would be developed for retail use. Similarly, it is possible that employment use for the site could proceed and would also create job opportunities.

Public Protection Unit: Not received

Economy and Regeneration Not received Unit:

Public Consultation: The application was advertised in the press, near the site and nearby residents were notified. The consultation period ended on 9 August 2010 and no response had been received during this period.

Additional Information: The application is submitted to Committee as it is a commercial, industrial or retail development measuring over 500m 2. An acceptable Design and Access Statement was submitted with the application. Also submitted were a traffic statement, a planning and retail statement, a flood consequence assessment and a community and linguistic statement as part of the proposal. The applicant submitted a letter, dated 25 September 2010, relating to the accumulative impact of the proposed development and a copy of this statement is attached to the report. A copy of the applicant’s letter, dated 26 August, 2010 is also appended.

Material Planning Considerations:

The main considerations in this application include:

Safeguarding the Site for Employment Use 1. The site forms part of the Penamser Industrial Estate that has been designated as a safeguarded employment site in the GUDP. This means that, in accordance with Policy D2 of the GUDP, the land and the buildings included within this protection area are restricted for enterprises in classes B1, B2, and B8 use only. The only cases where it would be possible to approve a development that does not fall within these use classes are (1) providing smallscale ancillary business facilities that provides an appropriate service solely for the employees of the industries/ businesses located on the industrial site (2) providing waste management facilities or other sui generis uses with similar features to class B2 or B8 uses (3) that they do not result in a shortage of land or units for class B1, B2 and B8 uses. In the explanation to Policy D2, it is stated that the main aim of the policy is to safeguard industrial sites for B1, B2 and B8 uses mainly and to sustain economic growth it is important to safeguard these sites from other uses such as retail/commercial (A1, A2 and A3). Therefore, it is considered that from the perspective of Policy D2, that the proposal is contrary to criterion (1) and (2) as noted above. From the perspective of the third criterion, dealing with the shortage of land or units for B1, B2 or B8 uses, a land use survey was undertaken in the Penamser Industrial Estate and the Business Park during the summer of 2009. The survey found that 56% of the units located within the Business Park/Industrial Estate were used for class B1, B2 and B8 uses, which are the uses for which the site is safeguarded. The other uses on the site included class A1, A3 and C1 uses, or were vacant units or were sui generis uses. As a little over half of all the units located within the Business Park and Penamser Industrial Estate are used for the uses proposed, care must be taken to ensure that no more of the units are used for these uses except for the uses proposed for the site. In addition, the extant planning permissions for retail developments, along with permissions for other uses on the site means that the protection for employment in class B1, B2 and B8 uses has already been weakened. Therefore, it is considered that the proposal is also contrary to the third criterion as the permission to change the use of the unit in question to two retail units would add to the reduction in land/units that would be available for B1, B2 and B8 uses.

2. Paragraph 7.2.7 Planning Policy Wales (Edition 3) 2010 endorses this and states that there is a need for an industrial land bank and acknowledges that certain industrial uses have characteristics that preclude their location in mixed use areas; sites designated for industrial development should not be used for other single purposes such as retail, leisure or housing developments that could be located elsewhere.

3. In addition, the observations of the Policy Unit refers to research work in 2005, when the DZT Pieda company was commissioned to undertake research work to complete the 'Gwynedd Employment Land Study Report’. This survey found that there was a demand for office space in class B1 use in urban areas and a commercial development in this location would reduce the capacity for this use now and in the longterm. It was suggested that the Council's Economy and Regeneration Unit should be consulted in order to receive their perspective on the principle of developing the site for retail use and to receive information regarding how this type of use would comply with any strategy/plans that the Unit has for the site. The Economy and Regeneration Unit was contacted but no response was received.

4. In response to the observations of the Policy Unit, the applicants have stated that they considered that the aim of Policy D2 was to sustain economic growth and at the moment this unit failed to achieve this aim as it did not contribute any employment or economic vitality to Porthmadog. They consider also that the survey undertaken by DZT Pieda is to a certain extent dated, especially as it was published before the current economic recession. They consider also that there is sufficient land within the industrial estate waiting to be developed along with a number of vacant units of various sizes demonstrating that there is sufficient industrial land in the area. The applicant’s observations are noted but it could be argued that the same is true for retail developments because a planning permission for retail development on land to the west and north of a nearby petrol station has been implemented since 1998 but the units have still not been constructed; also, there is an extant planning permission for a second retail unit on the Lidl site to the east of the site.

The proposal to use the site for retail purposes 5. Policy D31 deals specifically with applications for using industrial units for the purpose of retailing. This policy notes that applications for individual shops in industrial units should be refused unless it is possible to comply with the criteria within the policy. The criteria are: that the shop is ancillary to the main use of the unit; that only goods produced within the planning unit are sold and that the shop does not significantly harm the vitality and viability of a town centre. No details have been submitted with the application providing details of the type of goods intended to be sold in the units. Nevertheless, the proposal is for establishing retail units and, therefore, it is not considered that they will form an ancillary part of the units that would produce the goods that are to be sold. Therefore, it is not considered that the proposal would comply with policy D31 of the GUDP.

6. From the retail perspective, consideration should also be given to Policy D27, involving retail shops, comparison and convenience goods and a facility outside defined town centres. Policy D27 states that proposals will be approved for new retail shops selling comparison goods and/or a facility or extensions to existing shops on sites within or in close proximity to a service centre but outside defined town centres noted on the proposal maps if they comply with all the criteria. The main aim of this policy is to ensure that the status of service centres is safeguarded as the most appropriate locations for retail uses mainly. However, the explanation to the policy states that it is acknowledged that shops selling bulky goods cannot find suitable sites in town centres possibly because of their nature and specific requirements. In such cases, there could be a demand for the location of such uses outside the town centre area. No details have been submitted with the application detailing the type of goods intended to be sold from the building. The proposal provides two retail units within the building and together they would measure 1,815m 2. The applicant has noted that there is a demand for additional space for retailing purposes in Porthmadog, based on the small number of vacant units that are available there. The applicant has noted that there is a demand for additional floor area for retailing in Porthmadog, based on the fact that only a few vacant units are available there. The applicant undertook a survey of the retail uses in Porthmadog town centre in January 2010 and from that survey found that 8 out of 78 units in Porthmadog town centre were vacant, a percentage of 10%. In the Policy Unit’s observations, it states that a retail survey was conducted by Gwynedd Council in the summer of 2009. According to the information gathered from that survey, the percentage of vacant units in Porthmadog was 7%. However, it is noted, for information, that it appears that the figures for the survey area undertaken by Gwynedd Council are lower than the figures for the percentage of vacant units nationally, which was 12% in 2009. It is noted also that the information resulting from the survey undertaken by Gwynedd Council in the summer of 2009 shows that these vacant units were comparatively small, with the largest vacant unit measuring 140m 2. After assessing this information, it is possible to conclude that a demand exists for retail units in Porthmadog and the town’s retailing activities are successful. It is also considered that the current situation reflects this because there are very few vacant units available. Also, the size of the units in the town centre are smaller than the units that are the subject of this application. No details were submitted in relation to the type of goods intended to be sold from the application site, however, in a letter dated 23 November 2010 (copy appended), the applicant has proposed a condition that would restrict the use to a catalogue retailer display room and / or bulky goods sales room. As referred to above, the explanation to Policy D27 acknowledges that shops selling bulky goods cannot find suitable sites in town centres possibly because of their nature and specific requirements. Therefore, consideration can be given to obtaining the proposed units for the sale of bulky goods, but the condition as submitted by the applicant is not acceptable because it also refers to catalogue companies and because the type of bulky goods referred to are numerous. Consequently, the applicant was contacted and a proposed wording was submitted for the sale of bulky goods only, including DIY and garden centre goods, home improvement goods, electric and electrical goods, furniture, carpets and flooring, office equipment (excluding stationery and paper). The applicant’s response is awaited in relation to this condition.

7. The applicant has attempted to follow the sequential test in an attempt to assess whether or not there is another possible site in Porthmadog that could be more suitable for the proposed use. It is acknowledged that one other site has been identified that could be suitable for the proposed use, namely, the former T.J. Williams site, located off Madoc Street, Porthmadog. This site has been disregarded as it was not considered as accessible as the application site because there is no safe footpath towards it from the High Street and the road leading towards the site is substandard for the increased traffic associated with retail use. In addition, this site is located in close proximity to residential development and, therefore, there would be a need to design any retail proposal carefully. It is also understood that there are new owners of the TJ Williams site and it is not known what these owners intend to do with the site.

8. In addition to the above site, the applicant has highlighted sites not too far away from the site of the present application site where there are extant planning permissions for shops. In November 2005, planning permission was granted for a development of three nonfood retail units on part of the site of the Porthmadog Business Park, located directly adjacent to the Industrial Estate and this site is referred to as the Morbaine Site. Although there is an extant planning permission on the land, the units have not been constructed and, therefore, it could be considered a speculative development. Similarly, in 2004 detailed planning permission was granted for a food and nonfood retail development on land adjacent to the application site. The food unit, namely Lidl, has been developed but there is an extant planning permission for the nonfood retail unit. It is likely that these proposals, should they be completed, would have a cumulative effect on retail activity in Porthmadog town centre. From the perspective of the Morbaine site, the applicant has stated that he cannot provide specific observations in terms of the commercial viability of the Morbaine site and why the planning permission has not progressed. However, as a consequence of the current economic situation, this current application is mainly for renewing the existing building, rather than constructing a new unit as would be the case on the Morbaine site and in this respect there would be less of a need for prior investment. Therefore, the proposal for renewal rather than a new construction would be considered a more realistic commitment in the short and midterm.

9. From the perspective of the viability of the Morbaine site, compared to the existing site, the applicant considers the Morbaine site to be less accessible to the town centre than the application site. With regard to the site near Lidl, the applicant states that this unit has not been developed either for the same reasons as those for the Morbaine site and it is doubtful whether this floor space will be developed in the short/mid term and whether this could be seriously considered as a commitment. From the perspective of the cumulative effect, the applicant has also considered the former BT yard site located to the north east of the site. This site has been identified in the GUDP as a redevelopment site and part of which has been designated as a waste management site. This site has been identified in the GUDP as a redevelopment site and part of which has been designated as a waste management site. As a consequence of its designation as a redevelopment site, it has been included in the Supplementary Planning Guidance: Development Briefs, with possible land use identified as light industrial, business, leisure and retail uses or a mixture of uses. The applicant has considered this site and in commercial terms of developing a retail plan for the site, the same issues as the two previous sites are relevant. In addition, it is not directly near the main road and its lack of conspicuousness raises questions about the commercial attractiveness of the site for retail development. Whilst there is no assurance that the planning permissions that have not been implemented will be developed, similarly, there is no assurance that the proposed development would be realised.

10. The applicant also states that there is a retail loss from Porthmadog to other local retail centres and consequently, the proposed units would likely be occupied by national companies that currently are not represented in the town centre. It would be realistic to believe that these units would be competing with other local retail centres rather than the town centre itself. It is stated also that should the Morbaine and Lidl sites be developed, then it would be considered that the units that are the subject of the current application, would be competing against those units, and would not be taking trade away from the town centre. However, although the applicant refers to national companies occupying the units, no details whatsoever have been submitted regarding which companies and the type of goods intended to be sold from the application site and, therefore, this makes it difficult to assess the likelihood that the proposal would not be competing with retail units in the town centre. However, as he has proposed a condition for catalogue companies and bulky goods, it is obvious that the units are intended to be marketed for companies of this type, and considering how many shops are in the town centre and the parking situation, it is very difficult to see where the bulky goods units would identify a suitable site. The applicant also refers to the fact that this proposed retail use would reduce the loss of retail activity to other nearby towns but it is likely that this would be wholly dependent on the type of retail use proposed, in terms of whether specialist goods or comparison goods would be sold there and it is likely, should specialist goods be sold from the site, that it would not be likely to reduce the number of residents travelling from Porthmadog to other nearby towns in order to undertake their retail activities.

Reusing previously developed sites and design 11. Policy C3 of the GUDP states that priority will be given, wherever possible, to reusing 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. From the perspective of reusing the land and the buildings for retail use, it must be noted that the Coronation Properties company purchased the site in August 2004 and attempts have been made at marketing it by two specialist estate agents specialising in marketing industrial buildings. The only instance of a strong interest in the property was an offer by Gwynedd Council in April 2009, and it intended to use the building as a waste recycling facility. However, the planning application was refused for this proposed use which means that the property has continued to remain empty and unused. It is important to note that one of the main reasons for refusing the application was the possible effect of the proposed use on the amenities of neighbouring residents because of noise and health concerns. Consequently, the property does not contribute towards the economic growth of the Porthmadog area and has not done so since approximately 2004.

12. Policy C4 states that proposals to adapt buildings for reuse rather than for demolition will be approved provided that all the criteria contained in the policy can be complied with. The proposal, as noted above, would make use of a unit that has been vacant since approximately 2004 and only one firm offer of interest has been shown in it since that time but that proposal was refused mainly because of concerns about the effect of the proposal on the amenities of nearby residents. The site is comparatively prominent when entering the Industrial Estate and the access, adjacent to the A499 county highway, is also used by Lidl and the Outdoor World shop that are located to the east of the site. It is not considered that the external alterations proposed as part of the proposal would have a detrimental effect on the character of the building or the surrounding area and the alterations proposed are in keeping with the existing property. From the perspective of re using the site and the existing building and design and materials, it is considered that the proposal is acceptable in respect of Policies B22, B25, C3 and C4.

Amenities 13. An estate of residential houses is located to the south of the site on the other side of the highway. These houses are located approximately 50 metres away from the site. Considering the current use of the site, it is not considered that changing the use of the unit to two shops would have a detrimental effect on the amenities of residents of the nearby houses and, therefore, it is considered that the proposal is in accordance with Policy B23 of the GUDP.

Transportation and accessibility 14. It is considered that the site is accessible by various modes of transport, whether that be on foot or public transport because the site is located on one of the main bus routes in Porthmadog. The site is located on flat land and, therefore, there would be no problem for various people to access the site. A transportation statement was submitted with the application that states that the number of trips in morning and afternoon peak hours during weekdays would be fewer with the proposed development than the previous use but the total would be higher for morning peak hours at weekends. The Transportation Unit has submitted its observations on the application and recommended amending the plan so that there will only be one entrance to the site, similar to the present situation. The amended plan was received, showing the amended parking and access systems and the response of the Transportation Unit to this amended plan is awaited. The amended plan was received, showing the amended parking and access systems and the response of the Transportation Unit to this amended plan is awaited. Currently, there are approximately 25 parking spaces in the site and it is proposed to increase this number to approximately 88 spaces for cars along with 6 spaces for disabled parking. It is also proposed to have parking spaces for motorbikes and bicycles. Nevertheless, it is considered that the proposal complies with Policies CH28, CH30, CH33 and CH36 of the GUDP.

Flood risk 15. The application site is located within a C1 flood risk zone, which means that there is a 1% chance of a fluvial flood in a year or a 0.5% chance of a tidal flood in a year. A Flood Consequence Assessment was received with the application and the Environment Agency has stated that the assessment has demonstrated that flood hazards and flood consequences could be controlled to acceptable levels in accordance with Technical Advice Note 15: Development and Flood Risk. Therefore, it is considered that the proposal is in accordance with Policy B29 of the GUDP that involves development on land at risk from flooding.

Conclusions: The site is located outside the town centre and has been designated as an employment protection site in the GUDP for class B1, B2 and B8 uses. The proposal is for change of use of the building to two retail nonfood units, class A1 use. Consequently, the proposal is contrary to policy D2 of the GUDP. Consequently, the proposal is contrary to policy D2 of the GUDP. However, this unit has been vacant since approximately 2004 and only one offer has been put forward and that application was refused. Therefore, at the moment the unit does not contribute to the local economy. The applicant has considered the T.J.Williams site in Porthmadog, along with the sites of Morbaine and Lidl that already have extant planning permissions for retail uses. Consideration has also been given to the former BT yard. After consideration had been given to all these sites, the applicant concluded that these sites were unsuitable. It also appears that the situation in terms of empty shops in the town centre is better than the national position in terms of the percentage of empty shops. It should be noted that the size of the shops in the town centre are likely to be smaller than the present proposal and are likely to be unsuitable for selling bulky goods. The main issue to be considered in this case is whether or not finding an alternative use for this vacant unit outweighs the requirements of Policy D2 of the GUDP from the perspective of safeguarding the unit and the site for Class B1, B2 and B8 uses.

Policy D2 states that land and units will be safeguarded on industrial sites for industries, businesses or other enterprises included in class B1,B2 and B8 uses. The fact that there are extant planning permissions for retail developments along with permissions for other uses on the site means that the protection for employment use in class B1, B2 and B8 uses is already weakened. There are exceptions when it is possible to approve a development not included in this use class, namely:

• It would provide small scale ancillary business facilities that provides an appropriate service solely for the employees of the industrial/businesses located on the industrial site. • The proposal would provide waste management facilities or other sui generis uses with similar features to Class B2 or B8 activities. • The development would not result in a shortage of land or units for B1, B2 or B8 uses.

In the case of this proposal, it would not conform with the first criterion or the second criterion. As referred to above, a survey was undertaken of land use in the Penamser Industrial Estate and the Business Park during the summer of 2009 and the survey found that 56% of the units were used for class B1, B2 or B8 uses and the remainder used for class A1, A3, C3, sui generis or were vacant units. Since only a little over half the units are used for class B1, B2 or B8 uses, care must be taken in order to ensure that no more units are used for another use. it must be borne in mind that there are extant planning permissions for retail development and other uses on the estate, that means that protection for employment uses in class B1, B2 and B9 is already weakened and approving the present application would add to this.

The existence of alternative sites with extant planning permission must be considered when discussing the present application and the fact that they have not been developed for a considerable time which leads one to think whether or not there is a real need for an additional retail development, especially for comparative goods, outside the defined town centre. It is also considered that there are alternative sites nearer to the Porthmadog town centre boundary, such as the Lidl site and the former BT yard. The applicant submitted a retail statement with the application stating that the site of the former BT Yard was not acceptable as it was less accessible. However, it is noted that the aforementioned site uses the same access road as the application site and it is located to the north of an existing nonfood retail development. It is likely that the site is less attractive because there is no frontage onto the highway for marketing purposes and conspicuousness. Policy A3 refuses proposals if there is any possibility of serious or irreversible damage to the environment or the community unless the relevant impact assessment can show beyond doubt that the impact can be avoided or alleviated. It is acknowledged that there is no need for a retail impact assessment in this case because the floor areas of the units are less than 2500m 2 but the applicant has submitted a retail statement with the application. Later on, a letter was received submitting an assessment of the cumulative effect of the proposed development considering those sites with extant planning permission for retail use but had not been developed, along with the former BT yard, that is a site designated for redevelopment. In this cumulative assessment, the applicant states that currently there is a retail loss from Porthmadog to other local retail centres and the proposed development would be more likely to compete with these other retail centres rather than businesses in the town centre, because realistically national companies would occupy the proposed units. Similarly, it considers that if the Morbaine and Lidl sites were to be developed, the units that are the subject of this current application would be competing with those units and would not be taking trade away from the town centre. However, as referred to previously, despite the fact that the applicant has referred to national companies for the units, no specific details have been submitted. However, the applicant, when submitting a suggested condition for inclusion on any planning permission, has referred to catalogue and bulky goods companies. Although the condition suggested by the applicant is not acceptable, the Local Planning Authority has proposed a condition for the use of the units for the sale of bulky goods only, as an attempt to mitigate concerns that uses that would be more suitable for the High Street, are not moved to the site. The applicant’s response to this condition is awaited. It is considered that this site can be considered for the sale of bulky goods as town centre sites are not suitable for this purpose, however, consideration will need to be given to refusing this application if the condition is not acceptable to the applicant as the condition proposed by him is so general that it could refer to a vast number of retail commercial initiatives.

Recommendation : To delegate powers to the Planning Manager to approve the application subject to receiving confirmation from the applicant that he is satisfied with the condition for the sale of bulky goods only proposed by the Local Planning Authority and with conditions – to commence within five years, in accordance with the amended plan dated 14 September 2010, any external changes to be finished to match the existing property, need to submit a detailed plan showing the exact division of the units, bulky goods only, minimum size for any one of the units, no mezzanine floors, none of the units to be subdivided into smaller units, parking spaces to be completed prior to commencement of use, foul and surface water to be drained separately, no surface water to come into direct or indirect contact with the public sewerage system, land drainage overflow not to come into direct or indirect contact with the public sewerage system, no buildings within three metres to the centre line of the public sewer that is located nearby.

Number : 4

Application Number: C10D/0328/40/LL Date Registered: 18/08/2010 Application Type: Full Planning Community: Llannor Ward: Abererch

Proposal: CONSTRUCTION OF AGRICULTURAL SHED Location: PART FIELD 2900, NR . GLANAFON, FFORDD ABERERCH, PWLLHELI, LL53 6YP

Summary of the TO APPROVE WITH CONDITIONS Recommendation:

Description: A full application to construct an agricultural shed for storing cattle. The shed measures 30 metres long, 14.6 metres wide and approximately 5.6 metres to the ridge. The shed is partly covered with dark green steel sheets. The proposed shed is located on agricultural land outside the applicant’s main agricultural holding, but there are existing cattle pens on the site that store the animals outside in the open air throughout the year.

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

Gwynedd Unitary Development Plan 2009: B23 – Amenities – Safeguarding the amenities of the local neighbourhood by ensuring that proposals must conform to a series of criteria which aim to safeguard the recognised features and amenities of the local area. CH33 – Safety on Roads and Streets – Development proposals will be approved if they comply with specific criteria involving the vehicular access, the quality of the existing roads and traffic mitigating measures. D9 – Farm Buildings and Structures – The erection of buildings and structures for agricultural purposes will be approved if they are reasonably necessary for agricultural purposes and if they comply with specific criteria involving the location of the development, damage to a protected building, biodiversity and environmental mitigation measures.

Relevant Planning History: A planning proposal to erect an agricultural building for animals was approved in July 2001.

Consultations:

Community/Town Council: Lorries should enter the site off the road and a hard surface should be laid up to the pavement in order to prevent mud on the road.

Transportation Unit: Suggest improvements to the entrance in order to allow the lorries to pull off the road.

Environment Agency: The site is within a C1 flooding zone but satisfied since not much of the flood plain is lost. Also to set conditions ensuring that any electricity supply is at least 1.5 metres above ground level, also, any manure to be stored at least 10 metres away from any ditch or spring.

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The consultation period ended on 16910 and 2 letters were received objecting to the application on the following grounds: • lorries entering the site and parking on the highway creating road hazards for vehicles and pedestrians with regards to a bus stop • surface water, mud and manure on the road • noise • increase in the business which is being run from the site

An amended plan was received on 24 November 2010 showing changes to the entrance. Another consultation was held on 30 November 2010 giving 7 days to respond, but no response had been received when preparing the agenda.

Additional Information: The application is submitted to committee at the Local Member’s request. An amended plan was received on 24 November 2010 showing changes to the entrance following discussions with the Transportation Unit.

Material Planning Considerations:

Design 1. An acceptable design and access statement was submitted with the application. The proposal involves erecting the proposed shed over the existing pens and is located fairly close to the mature trees currently on the site. The shed will be dark green in colour and should not be too visible in the landscape only from the southwest direction from Pwllheli. The design is that of a general agricultural shed constructed of a metal frame with steel sheets as an external finish. A dark green colour should be ensured in order to ensure that the shed lies within the landscape fairly inconspicuously, and it is therefore considered that the proposal complies with policy B23 of the GUDP.

Road Safety 2. The road leading to the site is a class 1 road and is located within a 60 m.p.h. national speed limit zone. The applicant has already amended the proposal to include changes to the entrance (dated 24 November 2010) in order to allow lorries to turn within the site itself rather than load and unload at the side of the main road. It is understood that regular complaints are being received by the Transportation Unit regarding lorries parking on the roadside thus creating road safety hazards and turning the grass into mud nearby a bus stop. Due to these changes, it is considered that approving the proposal would improve the road situation as the lorries would then be off the road and would therefore alleviate concerns regarding road safety and the bus stop would not be used by the lorries. It is therefore considered that the concern regarding vehicular and pedestrian road safety has been resolved by improving the entrance and therefore this element of the proposal complies with Policy CH33 of the GUDP.

The need for the proposal 3. The applicant’s statement explains that agricultural use of the land already exists and that the current pens are there for the cattle. The proposal involves erecting a shed over these pens in order to protect the animals during the winter and is a vast improvement from an animal husbandry perspective. The site has been used for agricultural purposes for a few years and the pens which are out in the open mean that the cattle are out in all weather and that erecting a shed over these pens would protect the animals but would also prevent any sound and noise impact that could be created, although the applicant has emphasised that no such complaints have been expressed. An application was approved in 2001 to erect a shed on the same site, but was not implemented and therefore the 5 years for commencement of work has elapsed. The Local Member has expressed concern regarding the proposal with regards to justifying the shed, being of the opinion that the use of the site is not agricultural but rather a business use for buying and selling cattle and that this creates road safety hazards due to heavy lorries parking alongside the highway. The General Permitted Developments Order (1995) defines agricultural land as land to be used for commercial or business use but there is doubt regarding whether or not an animal husbandry business complies with agricultural use but it has to be recognised that there is no evidence to prove that a shed is not needed to farm the land and it would therefore be hard to prove whether the use of the site does not conform to policy D9 of the GUDP.

The amenities of nearby residents 4. The proposed shed is located approximately 58 metres away from the nearest resident’s dwelling, and is separated by a coppice. The nearest house, which is visible from the site, is approximately 116 metres away, also separated by the highway. Letters of objection were submitted by two nearby residents those two residents who are located on the opposite side of the highway to the site itself.

Conclusions: The applicant had already received permission for an agricultural shed on the same site for the same purpose in 2001 but had not implemented the permission within the relevant period. The concerns of the Local Member that relate to the use of the venture, and the aspect of heavy lorries parking on the class 1 highway, thus creating road safety hazards and turning the grass by the bus stop into mud at times, are supported by the Transportation Unit. Concerns regarding the highway have been resolved by improving the entrance to the site and ensuring that lorries load and turn onsite and therefore it is not considered that the proposal would impair road safety which is also one of the nearby residents’ main concerns. Despite this, it is proposed to request that the applicant should confirm the main use for the new building and this part of the site since it is considered that using the site as an animal collection point for transporting animals is different to making agricultural use of the land. It is also proposed to request more details regarding the vehicle turning point within the site along with its finish in order to ensure that vehicles, including lorries, can park and turn onsite so they do not park on the side of the highway.

Recommendation: To approve – conditions – 5 years, dark green colour, entrance in accordance with the amended plan, dated 24 November 2010, agricultural use only and not to be used as an animal transport centre, need to submit the details of the turning point that is to have a hardcore surface and is to be completed before constructing the shed.

Number : 5

Application Number: C10D/0386/40/R4 Date Registered: 26/11/2010 Application Type: Regulation 4 Community: Llannor Ward: Abererch

Proposal: CREATION OF NEW AGRICULTURAL ENTRANCE Location: PART FIELD 4956, (NR – DOLTREMENT ), LAND FFERM PRIOR , ABERERCH , PWLLHELI , GWYNEDD , LL536YP

Summary of the DELEGATE THE RIGHT TO APPROVE WITH CONDITIONS Recommendation:

Description: The proposal involves creating a new agricultural entrance. It is understood that the work of creating a new footpath between the village of Abererch and the A497 means that an existing entrance to the field will be closed and therefore a new entrance to the field will be needed. The entrance has been designed based on the standard design for agricultural entrances. It would measure 12 metres long along the class 3 road from Abererch to Llwynhudol and the gate would be sited 8 metres back from the roadside with the length of the access where the gate would be reduced to 4 metres.

The site is located in open countryside. To the north of the site is a class 3 road that leads from Abererch to Llwynhudol. To the north west is a junction and to the west is a dwelling.

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

Gwynedd Unitary Development Plan 2009: B23 Safeguarding the amenities of the local neighbourhood by ensuring that proposals must conform to a series of criteria which aim to safeguard the recognised features and amenities of the local area.

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

National Policies: Planning Policy Wales (3 rd Edition, July 2010) TAN 18 Transport – amongst other things emphasises the need to ensure that developments do not impair road safety. TAN 12 Design – encourages a high quality design for developments.

Relevant Planning History: The site has no relevant planning history.

Consultations:

Community/Town Council: Not received.

Transportation Unit: Need to include conditions on any planning permission in relation to designing and constructing the entrance in complete accordance with the submitted plan and to prevent surface water from the curtilage of the site discharging onto the highway.

Welsh Water: Not received.

Tree Officer: Not received.

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The advertising period ended on 3 January 2011 but no response had been received when preparing the agenda.

Additional Information: The application is submitted to Committee as it is an application submitted by the Council.

Material Planning Considerations:

Road Safety 1. The entrance would be constructed in order to gain access to a class 3 road which runs alongside the northern boundary of the field. Directly opposite the road, the entrance would measure 12 metres long. The gate would be sited back 8 metres from the roadside with the length of the entrance where the gate would be reduced to 4 metres. The fact that there would be 8 metres between the roadside and the gate would ensure that vehicles could turn off the road in order to open and close the gate and therefore not impair the easy flow of traffic on the nearby road. The entrance would be based on a standard design for agricultural entrances and it is not considered that it would have an adverse impact on road safety. The observations of the Transportation Unit have been received and it did not have an objection to the proposal but conditions would have to be imposed on the planning permission. It is therefore considered that the proposal is acceptable in relation to Policy CH33 of the GUDP.

Visual amenities 2. The proposal involves removing part of the current hedge that forms the boundary with the road. Despite this having some impact on the visual appearance of the site, it is not considered that it would have an adverse effect on the visual amenities of the area and the design of the entrance would be inkeeping with other entrances within the area.

The amenities of nearby residents 3. One residential dwelling is located to the west of the site. A number of trees and hedgerows can be found on the boundary between this property and the field where the proposed entrance would be located and due to this vegetation it is not considered that the proposal would have and adverse affect on the amenities of the residents of the nearby property. It is therefore considered that the proposal is acceptable in relation to Policy B23 of the GUDP.

Conclusions: It is not considered that the proposal would have an adverse effect on road safety but a condition will have to be imposed on the consent to ensure that the entrance is constructed in accordance with the details submitted. Also, even though a part of the hedge that acts as a boundary between the field and the road would be removed, it is not considered that this would have an adverse effect on the visual amenities of the area. Neither is it considered that the proposal would cause significant harm to the amenities of the local community.

Recommendation To delegate powers to the Planning Manager to approve the application subject to the end of the consultation period and conditions – commence within 5 years, construct the entrance in accordance with the submitted plan, prevent surface water from the curtilage of the site discharging onto the highway.

Number : 6

Application Number: C10D/0427/39/LL Date Registered: 08/11/2010 Application Type: Full Planning Community: Llanengan Ward: Abersoch

Proposal: REVISED APPLICATION – SINGLESTOREY SIDE EXTENSION TO DWELLING HOUSE TOGETHER WITH CONSTRUCTION OF NEW HIGHER PITCHED ROOF AND FLAT ROOF, ALTERATIONS TO FRONT DORMER WINDOW AND NEW REAR DORMER WINDOWS AND FIRST FLOOR REAR BALCONY Location: FISHERMAN 'S CREEK , 4 MAES AWEL , ABERSOCH , PWLLHELI , GWYNEDD LL53 7HS

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Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:

Description: Full planning application to raise the height of the dwelling’s roof ridge approximately 0.900m higher than the height of the current roof ridge and construct a flat roof singlestorey extension on the eastern gable end with a balcony above, and a singlestorey pitched roof extension on the western gable end, extend the front flat roof dormer window and construct a flat roof dormer window to the rear. The property is located within a residential estate between a singlestorey dormer dwelling and a twostorey dwelling and on the opposite side of the county road to other residential dwellings. The site is within the village boundary and within the Llŷn Area of Outstanding Natural Beauty.

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

Gwynedd Unitary Development Plan 2009 (GUDP) B8 The Llŷn And Môn Areas Of Outstanding Natural Beauty (AONB) Safeguard, maintain and improve the character of the Areas of Outstanding Natural Beauty by ensuring that proposals conform to a number of criteria aimed at protecting the recognised features of the site.

B22 – Building design Promoting 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.

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.

B24 – Adapting and extending buildings within development boundaries, rural villages and the countryside Ensure that proposals for adaptations or extensions to buildings conform to a series of criteria aimed at protecting the character and amenity value of the local area.

B25 – Building materials Safeguarding 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.

National Policies: Planning Policy Wales 2010 TAN 12 Design – amongst other things, need to ensure quality design for every development.

History: 2/19/528 – Rear singlestorey extension to bungalow – Approved – 14.09.1984 C03D/0663/39/LL – Raise the height of the roof, construct front and rear dormer windows and first floor terrace – application withdrawn on 20.05.08 C08D/0250/39/LL – Construction of detached garage to the house – Approved – 08.07.08. C10D/0220/39/LL – Singlestorey side extension to residential dwelling and construction of new higher pitched and flat roof, create two front dormer windows and a first floor level balcony to the rear Object on design grounds – 22/09/2010

Consultations:

Community/Town Council: Object due to overdevelopment which would disturb neighbours and fill the site.

Transportation Unit: No observations.

AONB Officer: Not received.

Public Consultation: The application was advertised on the site and nearby residents were notified and three letters of objection on the following grounds had been received: • loss of some sunlight during the evening for a neighbour • loss of privacy to the rear garden of neighbours due to overlooking • noise from the property • a number of changes already made to the property since being constructed The advertising period ends on 20.12.10.

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

Other Material Planning Considerations: The main considerations in relation to the current proposal are the impact of the proposal on the landscape, nearby residents and design.

The impact on the proposal on the AONB 1. Policy B8 presumes against proposals which are likely to have a substantial detrimental effect on the landscape. The property is located in a fairly conspicuous location on a residential estate that includes dwellings of different designs, roofs and heights ranging from singlestorey dormer dwellings to twostorey dwellings. Even though the present dwelling is visible from the estate and the adjacent county road to the rear of the property, it is unlikely that the proposal would have a significant detrimental effect on the landscape and therefore it is not considered that the proposal is significantly contrary to Policy B8.

The proposal’s impact on nearby residents 2. The application was advertised on site and the nearby residents were informed and three letters were received including the objection of the Community Council objecting to the application on the grounds of unacceptable design, loss of privacy due to overlooking and noise deriving from the balcony and loss of sunlight due to raising the level of the roof ridge approximately 0.900m. It has to be recognised that the dwelling occupies a site within a residential estate and backs onto the county road and consequently, it is inevitable that an element of overlooking will occur in such circumstances. However, the side balcony is located within 2 metres at the most to the eastern boundary of the site and 12 metres to the adjacent dwelling and despite the fact that the back curtilage of the adjacent property is visible from the county road, it is considered that a first floor balcony would usually have an intrusive impact on this property. The applicant has showed a screen approximately 1.8 metres in height along the eastern side of the balcony only and 1.1 metres along the front and rear walls of the balcony and despite not noting the material used for the screen on the plan, opaque glass or similar material would be likely to contribute towards protecting the amenities of the nearby neighbour. In relation to overlooking, concern remains that it would be an alien development that would impair the amenities of the neighbours especially in relation to overlooking and noise on the first floor level. The neighbour has declared that rising the roof ridge level by 0.900m would lead to loss of some sunlight during the evening but that it should be recognised that it is the neighbour’s dwelling that receives sunlight first due to being located to the west of the application site and it would be difficult to argue that a proposal that involves raising a pitched roof 0.900m higher than the current one would impair its light significantly. In terms of concerns regarding noise, this element of the complaint is totally dependent upon the conduct of the residents of the dwelling although it is understood that noise concerns have existed in the past and despite noting these concerns, it is not considered that it is a matter that would lead to control through a separate planning condition to include a condition to delete the balcony completely in order to ensure that the remainder of the proposal conforms to Policy B23.

Design 3. The bungalow is of a modern and simple design and despite occupying a site within the AONB it is also within a residential estate where the houses of the area are of varied design and height. The dwelling that is the subject of the application occupies a plot of land between a singlestorey dormer dwelling and a twostorey dwelling and is a part of an estate where dwellings in the local area have roofs of varied heights and flat roof dormer windows and due to this it is not considered that raising the level of the roof to the proposed height, widening the front dormer window, constructing a rear dormer window and a singlestorey flat roof extension would be alien features. The singlestorey extensions are located at the gableends of the dwelling and in a location that would not impair the design of the property. It is considered that the design of the current proposal is an improvement on the previous plan that was rejected on the grounds of unacceptable design but that the existence and impact of the balcony on the design of the dwelling and the amenities of neighbours are concerns that are contrary to the above policy. It is not considered that the proposal, excluding the balcony, is contrary to policies B22 and B24.

Conclusions: The proposal, excluding the balcony is unlikely to have a significant adverse effect on the landscape or road safety due to the location of the site within the residential estate and the nature and design of the proposal. There is concern that the balcony, due to its location in relation to the dwellings of the objectors, even with the privacy screen, is likely to have a significant adverse effect on the amenities of nearby residents. The design of the extension in general is an improvement on the previous proposal that was rejected on the grounds of unacceptable design and it is not considered that it should be rejected in its entirety because of the concern regarding the balcony and if the wish is to approve, a condition could be imposed to delete the balcony.

Recommendation: To approve – conditions – 5 years, submit an amended plan deleting the balcony and not outlining the balcony as part of the proposal, materials to be inkeeping with the current dwelling.

Number : 7

Application Number: C10D/0433/39/LL Date Registered: 15/11/2010 Application Type: Full Planning Community: Llanengan Ward: Llanengan

Proposal: ENGINEERING OPERATIONS TO EXTEND CARAVAN SITE, RELOCATE UNITS AND RETAIN 1 ADDITIONAL CARAVAN (TOTAL 13 UNITS), CREATE 13 HARD STANDINGS AND EXTEND HOLIDAY SEASON TO 10 AND A HALF MONTHS Location: CARAVAN SITE NANT Y BIG , ABERSOCH , PWLLHELI , GWYNEDD , LL537DB

Summary of the TO APPROVE WITH CONDITIONS Recommendation:

Description: A full application to undertake engineering works to extend a site with 12 static caravans in order to relocate caravans and to retain an existing caravan, to construct hard standings for the units and to extend the residence period to ten and a half months together with landscaping. The site is situated against higher land and between another owner’s residential property and a yard and barn owned by the applicant. The site is served by a narrow road which is also a public footpath and serves private houses, a seasonal parking site and the applicant's touring caravan and tent site. The site lies within the Area of Outstanding Natural Beauty and the Heritage Coast (HC).

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

Gwynedd Unitary Development Plan 2009: B8 To safeguard, maintain and enhance the character of the Area of Outstanding Natural Beauty by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features of the site.

B9 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 Safeguard the amenities of the local neighbourhood by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features and amenities of the local area.

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

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

D17 Proposals to upgrade static holiday caravan sites and existing holiday chalets using specific methods will be approved if they conform to criteria regarding improving the range and quality of accommodation and facilities; substantial and permanent improvements to the design, setting, and appearance of the site and its setting in the surrounding landscape; along with increasing the number of units.

National Policies: Planning Policy Wales 2010 (3 rd Edition) TAN 14 Tourism – Holiday and touring caravans are an important part of the selfcatering holiday sector. There is a need to assess the impact of sites on the landscape. Sites should be screened so as to prevent forming a visible and intrusive development in the landscape. Refers to encouraging operators of holiday caravan sites to improve the quality of their sites. TAN 12 Design – emphasises the need to ensure a design and setting of a high standard. TAN 18 Transport – amongst other things, aims to ensure that developments will not have an impact on road safety.

Relevant Planning History: 3/4/1072 – An outline application for a caravan site on fields number 856 and 730 in Nant Big, Cilan – Refused – June 1966 3/4/1072A – An application to locate 12 caravans in field number 856 in Nant Big, Cilan – Approved – June 1967 3/4/1072B – An application to locate 12 caravans in field number 856 in Nant Big, Cilan – Approved – August 1967 34/66/1072C – An application to locate an additional 5 caravans in Nant Big, Cilan – Refused – May 1969 34/67/1072D – A full application to extend a house – Nant Big, Cilan – Approved – April 1973

Consultations:

Community/Town Council: Approve

Transportation Unit: No observations

AONB Officer: The site in question lies within the AONB which is a statutory designation on the basis of conservation and is an area that is protected by local and national policies.

The proposal in question is to retain one static unit on the site (a total of 13 units), relocate units within the present site and to construct hard standings for the plots. Having examined the plans and visited the site, it is not believed that the development would have an unacceptable impact on the Llŷn AONB landscape.

It is recommended to follow the guidance of the relevant planning policy with regard to extending the residence period of the caravans to 10 ½ months.

Caravan Site Inspection It appears in the planning statement that the proposed application Officer: notes that changes would be in accordance with the Model Standards 1989, therefore this application is welcomed as the improvements would raise the site’s standard to be in line with the Model Standards 1989. The applicant would need to change the site licence to include 1 additional caravan to make a total of 13 holiday caravans should the application be successful.

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The statutory period ended on 23 December 2010. No response had been received when preparing the agenda.

Additional Information: An acceptable design and access statement was received.

Material Planning Considerations:

Impact on the landscape of the AONB and the HC 1. Policy B8 presumes against developments which are likely to have a substantial detrimental effect on the character and appearance of the AONB. The main purpose of this national designation is to protect the beauty of the area and the Council has a responsibility to ensure that priority is given to protecting the landscape. Despite this, the need to safeguard agriculture, forestry and other rural industries and the area’s economic and social needs should be considered. It is, therefore, important to balance the need and the advantages of the proposal against the impact on the landscape. The existing caravans are relatively concealed in the landscape due to the location of the site against higher land and the existence of trees and hedges. The applicant states in the Design and Access statement that it is intended to replace the current caravans for caravans of a conservational colour in order to reduce the impact on the landscape. It is also realised that the applicant intends to landscape within the site, however a condition should be imposed to protect the existing hedges in order to safeguard the appearance and character of the landscape. The applicant states that is it intended to level the land on the eastern side of the site, which would result in decreasing the height of the units and therefore it is not considered that the proposal is substantially contrary to policy B8.

Neighbouring Residents 2. The application was advertised on the site and neighbouring properties were notified; no response had been received at the time of preparing the agenda. It should be noted from the site plan that it is intended to locate caravans 7 and 8 some 15m from the northern wooded boundary, and as such it is not considered that the proposal would have a detrimental effect on the residents of the adjacent house, and therefore it is not considered that the proposal is contrary to policy B23.

Transportation 3. The site is served by a narrow and winding vehicular road which serves other houses, a car park and the applicant’s touring caravan and camping site, and is also a public footpath. It is not intended to add to the number of units on the site, therefore it is unlikely that the proposal would add to the road use. The Transportation Unit confirmed that they had no observations to make regarding the application. The proposal is not substantially contrary to policy CH33 in terms of the impact on road safety and there is no lack of parking spaces on the site, which forms part of the applicant’s agricultural property.

Policy 4. Policy D17 approves proposals to upgrade static holiday caravan sites by permitting small extensions to the site’s surface area; relocating units from prominent locations to less prominent locations; creating a small increase in the numbers; as long as the proposal meets the three criteria. The work involves restructuring the site by undertaking levelling work, placing hard standings under the units, slightly extending the boundary in the north west corner of the site in order to allow more room by the northern entrance to the site, placing a 13 th caravan on the plan on the site of old toilets which will be demolished as part of the development. It is also intended to implement a landscaping plan within the site in order to add to the current landscape and make it more concealed in the AONB. The extension to the site involves excavating the higher land in order to extend the boundary by 4m only and it is not considered that this element of the work would disturb the landscape. It is intended to place new caravans of a conservational colour and this will reduce the impact on the landscape in the longterm. The applicant states that the proposal also legitimises locating one caravan (number 13) which had been on the site for several years and is likely to have a Lawful Use Right, although such an application had not been submitted. Whether the additional caravan has consent or not, policy D17 permits a small increase in numbers on existing sites. It should be ensured through a condition that the existing trees and hedges along the site’s boundaries are protected in order to safeguard the character and the appearance of the area. For the above reasons it is considered that the proposal is a substantial improvement to the current site, and therefore conforms to policy D17.

Conclusions: The current site lies in a fairly concealed location due to the high land and the existing trees and hedges. It is intended to undertake excavation work on the higher land on the western boundary but this will not impair the landscape. A condition should be imposed on any planning permission to protect the existing trees and hedges. The plan demonstrates the intention to locate units 7 and 8 further away from the northern boundary than the current units, and this will be an improvement to the amenities of residents of the adjacent residential property. It is unlikely that the increase in numbers to 13 by retaining one historical caravan would impair on road safety. It is considered that the changes / improvements are a substantial improvement to the current site, and therefore comply with policy D17.

Recommendation:

To delegate the right to the Planning Manager to approve the application – conditions – receipt of an acceptable crosssection plan, 5 years, 13 static caravans, a residence period of 10.5 months, holiday use, a conservational colour for the new units, landscaping, protection of existing trees and hedges.

Number : 8

Application Number: C10A/0450/16/AM Date Registered: 31/08/2010 Application Type: Full Planning Community: Llandygai Ward: Tregarth a Mynydd Llandygai

Proposal: OUTLINE APPLICATION FOR THE ERECTION OF A SINGLE DWELLING (AMENDED APPLICATION TO PREVIOUSLY REFUSED APPLICATION REF NO C09A/0497/16/AM) Location: LAND AT LLYS Y BRYN , TREGARTH , BANGOR , LL574PW

Summary of the TO APPROVE WITH CONDITIONS Recommendation:

Description An outline application which is an amended application to a previously refused application (application number C09A/0497/16/AM) to erect one residential dwelling. The application has been amended from the previous application that was refused upon appeal, by removing one dwelling and submitting this application for erecting one detached dwelling.

The proposal involves creating a new entrance off a private road, creating a parking and turning spot and erecting a detached dormer dwelling.

The existing site forms part of a substantial residential curtilage, with a 2/3 storey dwelling located on the southern end of the site, and a substantial growth of trees and hedgerows within and along the site's boundaries.

Nearby houses border with the site’s boundaries, whilst the road leading to the site is shared with around five other dwellings. The site lies within the village development boundary of Tregarth as defined in the Gwynedd Unitary Development Plan.

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

Gwynedd Unitary Development Plan 2009:

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

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

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

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

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

CH4 – New dwellings on unallocated sites within the development boundaries of local centres and villages – Approve proposals for the construction of new dwellings on unallocated sites within the development boundaries of Local Centres and Villages if they conform to criteria aimed at ensuring an affordable element within the development.

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

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

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

National Policies:

Planning Policy Wales Version 3, 2010

Paragraphs 3.1.2 to 3.1.5 state

3.1.2. Applications for planning permission, or for the renewal of planning permission, should be determined in accordance with the approved or adopted development plan, unless material considerations indicate otherwise. Material considerations could include current circumstances, policies in an emerging development plan and planning policies of the Assembly Government and the UK Government. All applications should be considered in relation to up to date policies.

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

3.1.4. Material considerations must also be fairly and reasonably related to the development concerned. The Courts are the final arbiters of what may be regarded as material considerations in relation to any particular application, but they include the number, size, layout, design and appearance of buildings, the means of access, landscaping matters, service availability and the impact on the neighbourhood and the environment. The effects of a development on, for example, health, public safety and crime, can also be material considerations as, in principle, can public concerns in relation to such effects.

3.1.5. The local planning authority should have good reasons if it approves a development which deviates from the approved or adopted development plan, or is contrary to the Assembly Government’s stated planning policies, the advice of a statutory consultative body or the written advice of its officers. Those reasons should be recorded in the Committee’s minutes. Where planning permission is refused, the local planning authority must state clearly the reasons for the refusal.

Technical Advice Note 12: Design

Paragraph 6.7 The appearance and function of proposed development, its scale and its relationship to its surroundings are material considerations in determining planning applications and appeals. Developments that do not address the objectives of good design should not be accepted.

Relevant Planning History:

Application C09A/0497/16/AM – an outline application to erect two twostorey houses – refused 07.12.09. An appeal was submitted against this decision, the appeal was refused on 17.05.10.

Application 3/16/18C – erecting a bungalow – refused 07.12.84.

Consultations:

Community/Town Council: Object on the grounds of an unsuitable road system.

Transportation Unit: Object on the grounds of an unsuitable road.

Environment Agency: Not received.

Welsh Water: Standard conditions relating to drainage, connections to public systems etc.

Public Protection Unit: Not received.

Access Officer: No observations.

Public Consultation: The application was advertised by placing a public notice near the site and consultation letters were sent to nearby neighbours. Four letters of objection were received regarding the proposal, which raised the following concerns:

• traffic increase • a detrimental effect on vehicular movements • appearance • overlooking • shadowing • noise • loss of privacy

The consultation period ended on 2 October 2010.

Additional Information: The application is submitted to Committee as the service had received four objections to the application. Material Planning Considerations:

Policy Considerations 1. The principle of developing the site: this site is contained within the development boundary of the village of Tregarth which has been designated as a village according to the maps of the Gwynedd Unitary Development Plan 2009. Furthermore the site forms part of a residential curtilage which is considered as previously developed land, and of a substantial size which allows the availability of a sufficient site for a turning and parking provision.

2. It is considered, therefore, that the proposal complies with the requirements of policies C1 – Locating new developments, C3 – Reusing previously developed sites, CH4 – New dwellings on unallocated sites within the development boundaries of local centres and villages and CH36 – Private car parking facilities.

Design and amenities 3. The nature of residential developments in this area is varied but it is noted that a scattered, loose and informal pattern is seen for the dwellings, and mainly so within their own substantial curtilage. Although the draft plans submitted showed the proposed dwelling, this is an outline application to seek the principle of developing this site, and the details with regard to design, size and setting can be addressed through a reserved matters application. The issue of overlooking would be considered at that time, but it is not considered that the effect of one house would be detrimental to the amenities of nearby houses due to the size and setting of the existing houses, the size of the curtilage and the distances between sites and the established growth of trees and hedgerows within the site and along its boundaries. It is considered, therefore, that the proposal complies with the requirements in policies B22 Building design, B23 – Amenities, B25 – Building materials and CH30 – Access for all.

Highways matters 4. A narrow and winding public road leads to the site, and a further private road leads off this road towards Llys y Bryn. A number of other residential houses use the public road as well as the private road.

5. Concern was raised by local neighbours and the authority’s transportation unit in relation to the increased use of this road, which stated that the road's steep and narrow nature was unsuitable for handling additional movements.

6. However, all material planning considerations must be considered, and in this case, the observations of the Planning Inspector on appeal C09A/0497/16/AM is an essential consideration.

7. In his decision, he discusses matters relating specifically to highways and states that he acknowledges that the width and alignment of the road is substandard. However the site is contained within the development boundaries, and he has considered that the Council would have been aware of the road’s condition when the decision was made to contain it, and he was not of the opinion that the increased traffic generated by the development would be so substantial so that it posed an unacceptable risk to road safety or to the free flow of traffic on the local roads network. However the appeal was refused on amenity considerations.

8. It is therefore considered that the proposal complies with the requirements of policy CH33 – road safety.

Conclusions:

Having considered the above, and having given full consideration to all the material planning matters, which include the observations of the objectors, this outline application to erect one detached house, with a turning and parking space and streets is acceptable and in accordance with local and national policies and guidance.

Recommendation:

To approve – conditions – relating to time, reserved matters, materials, withdrawal of permitted development rights, and drainage conditions.

Number : 9

Application Number: C10D/0468/45/R3 Date Registered: 02/12/2010 Application Type: Regulation 3 Community: Pwllheli Ward: Pwllheli North

Proposal: INSTALL PUBLIC INFORMATION PANEL (DOUBLE SIDED 1.4 METRE X 1 METRE) AND SUPPORT POSTS ON PAVEMENT TO SIDE OF DENTIST'S SURGERY Location: PENLAN STREET , PWLLHELI , GWYNEDD , LL535HA

Summary of the TO DELEGATE THE RIGHT TO APPROVE Recommendation:

Description: It is intended to display a double sided information panel, measuring 1.4m in width and 1m in height, on a plot of public land by a dental surgery on the junction between Penlan Street and the first class highway that runs through the town. The panel will extend to 2.085 metres above the ground.

The site is within the boundary of the town centre and within the boundary of a Conservation Area. It is not yet known what type of materials will be used to construct it as the panel is still in the process of being designed, but it is unlikely that there will be any substantial changes from the details submitted with the application.

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

Gwynedd Unitary Development Plan 2009: B4 – Ensure that proposals within conservation areas, or which affect their setting, are refused unless they aim to maintain or enhance the character or appearance of the conservation area and its setting. B22 – 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. B25 – Safeguard the visual character by ensuring that the building materials are of a high standard and in keeping with the character and appearance of the local area. C1 Land within town and village development boundaries and the developed form of rural villages will be the main focus for new developments. New buildings, structures and supplementary facilities in open countryside will be refused with the exception of a development which is permitted under another policy within the Plan. CH33 – Development proposals will be approved if they can conform to specific criteria regarding the vehicular entrance, standard of the existing road network and traffic calming measures.

National Policies: TAN 12 Design TAN 18 Transport Circular 61/96 – Planning and the Historic Environment: Historic Buildings and Conservation Areas

Relevant Planning History: The site has no relevant planning history.

Consultations:

Community/Town Council: Not received.

Transportation Unit: No details about the panel’s setting. Need to ensure that it is set so as not to impair or obstruct the visibility of road users and the nearby roundabout.

Environment Agency: N/A

Welsh Water: N/A

Public Protection Unit: N/A

Public Consultation: A notice was placed on the site and in the press. The statutory period ends on 11 January 2011. No response had been received when preparing the agenda.

Additional Information: The application is submitted to the Committee as it is an application by the Council’s Economy and Community Unit, and on Council owned land.

Material Planning Considerations:

The impact on the visual amenities and character of the conservation area 1. Policy B4 of the GUDP presumes against approving any development within a conservation area, unless the proposal maintains or enhances the appearance of the area. Likewise, policy B22 expects the design of a development in such an area to be of a high standard. There are no details regarding the fabrication of the panel as of yet in order to establish if it conforms with policy B25, but it is considered that the panel’s design is suitable for a conservation area, and is in keeping with other street furniture in the area surrounding the site. Consequently, it is not considered that the proposal is contrary to policies B4 and B22 of the GUDP.

Road Safety 2. The site lies on the pavement to the east of the dental surgery, and near the junction between Penlan Street and the A497 highway that runs through the town. A response was received from the Transportation Unit asking for details about the panel’s setting in order to ensure that it does not impair on any visibility splays at the junction, nor on the highway itself. The applicant was asked to submit this information before the date of the committee in order to ensure that the proposal in not contrary to policy CH33 of the GUDP.

Conclusions: There is no objection in principle to the proposal as it is not considered detrimental to the character of the conservation area, and it is of an acceptable design. However it should be ensured that it is of an acceptable colour which is in keeping with other street furniture in this part of the town.

In terms of road safety, it is unlikely that the proposal will be detrimental to road safety, but the final response of the Transportation Unit is awaited to the details regarding the panel's setting.

Recommendation:

To delegate the right to the Planning Manager to approve the application subject to receiving a plan demonstrating the panel's setting, and the response of the Transportation Unit to it; receiving the response of the Town Council; and the consultation period ending without objection – conditions – 5 years; the setting in accordance with the details submitted; the panel's colour to be approved before hand.

Number : 10

Application Number: C10D/0469/45/R3 Date Registered: 02/12/2010 Application Type: Regulation 3 Community: Pwllheli Ward: Pwllheli North

Proposal: INSTALLATION OF PUBLIC INFORMATION PANEL (DOUBLE SIDED 1.4 METRE X 1 METRE) AND SUPPORT POSTS ON PAVEMENT NEAR CONSERVATIVE CLUB Location: Y MAES , PWLLHELI , GWYNEDD , LL535HA

Summary of the TO DELEGATE THE RIGHT TO APPROVE Recommendation:

Description: It is intended to display a double sided information panel being 1.4 metres wide and 1 metre high on a piece of public land in the northern end of Y Maes, outside the Conservative Club. The panel will extend to 2.085 metres above the ground.

The site is within the boundary of the town centre and within the boundary of the Conservation Area. It is not yet known what type of materials will be used to construct it as the panel is still in the process of being designed, but it is unlikely that there will be any substantial changes from the details submitted with the application.

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

Gwynedd Unitary Development Plan 2009: B4 – Ensure that proposals within conservation areas, or which affect their setting, are refused unless they aim to maintain or enhance the character or appearance of the conservation area and its setting. B22 – 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. B25 – Safeguard the visual character by ensuring that the building materials are of a high standard and in keeping with the character and appearance of the local area. C1 Land within town and village development boundaries and the developed form of rural villages will be the main focus for new developments. New buildings, structures and supplementary facilities in open countryside will be refused with the exception of a development which is permitted under another policy within the Plan. CH33 – Development proposals will be approved if they can conform to specific criteria regarding the vehicular entrance, standard of the existing road network and traffic calming measures.

National Policies: TAN 12 Design TAN 18 Transport Circular 61/96 – Planning and the Historic Environment: Historic Buildings and Conservation Areas

Relevant Planning History: The site has no relevant planning history. The right to approve a sculpture of a fish on an adjacent site was delegated in the committee on 13 December 2010.

Consultations:

Community/Town Council: Not received.

Transportation Unit: No details about the panel’s setting. Need to ensure that it is set so as not to impair or obstruct the visibility of those using the road and the nearby roundabout.

Environment Agency: N/A

Welsh Water: N/A

Public Protection Unit: N/A

Public Consultation: A notice was placed on the site and in the press. The statutory period ends on 11 January 2011. No response had been received when preparing the agenda.

Additional Information: The application is submitted to the Committee as it is an application by the Council’s Economy and Community Department, and on Council owned land.

Material Planning Considerations:

The impact on the visual amenities and character of the conservation area 1. Policy B4 of the GUDP presumes against approving any application within a conservation area, unless the proposal maintains or enhances the appearance of the area. Likewise, policy B22 expects the design of a development in such an area to be of a high standard. There are no details regarding the fabrication of the panel as of yet in order to establish if it conforms with policy B25, but it is considered that the panel’s design is suitable for a conservation area, and is in keeping with other street furniture in the area surrounding the site. Consequently, it is not considered that the proposal is contrary to policies B4 and B22 of the GUDP.

Road Safety 2. The site lies on a public open space in the northern end of Y Maes and adjacent to an unclassified county road and a roundabout on the main road through the town. A response was received from the Transportation Unit asking for details about the panel’s setting in order to ensure that it does not impair on any visibility splays along the unclassified road, nor on the highway itself. The applicant was asked to submit this information before the date of the committee in order to ensure that the proposal in not contrary to policy CH33 of the GUDP.

Conclusions: There is no objection in principle to the proposal as it is not considered detrimental to the character of the conservation area, and it is of an acceptable design. However it should be ensured that it is of an acceptable colour which is in keeping with other street furniture in this part of the town.

In terms of road safety, it is unlikely that the proposal will be detrimental to road safety, but the final response of the Transportation Unit is awaited to the details regarding the panel's setting.

Recommendation:

To delegate the right to the Planning Manager to approve the application, subject to receiving a plan showing the setting of the panel and the response of the Transportation Unit to it; to receive the response of the Town Council; and for no objections to be received before the end of the statutory consultation period – conditions – 5 years; setting in accordance with the details submitted; colour of the panel to be approved beforehand.

Number : 11

Application Number: C10A/0485/20/LL Date Registered: 08/10/2010 Application Type: Full Planning Community: Y Felinheli Ward: Y Felinheli

Proposal: ERECTION OF A PRIMARY HEALTH CARE CENTRE TOGETHER WITH CREATING A NEW ACCESS AND REALIGNING THE CYCLE PATH Location: LAND OFF, BEACH ROAD, Y FELINHELI , GWYNEDD , LL564RX

Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:

Description:

The site is located on the southern outskirts of the village on open grass land. The land gradually descends towards the Menai Straits and the Dinas coppice to the west. The site is also adjacent to the monument known as “Dinas Camp”.

This application involves erecting a health centre along with creating a new access from the adjacent unclassified road (Beach Road) and realigning the public cycle route (Lôn Las Menai).

Internally, the new building will consist of service rooms, reception, visiting/consultation rooms, toilets, waiting area on the ground floor along with a meeting room, library, bathrooms, storerooms and rooms for nurses and health visitors. Externally it will be partly natural slate roof and partly sedum flat roof with walls of white coloured render and cladding of natural timber (red cedar or similar). The external elevations will include aluminium windows and doors with an architectural feature of a stone or natural slate wall outside the waiting/reception area.

The design of the building is partly singlestorey and partly twostorey with a modern and innovative appearance in keeping with a similar centre built in Nefyn. The building will have a floor surface area of 870m2 and a height of 7.8m to the highest point of the roof reducing to approximately 2.6m at the lowest part.

Externally, the site will consist of the surface area of the building itself, 14 staff parking spaces, 21 visitor parking spaces, 3 disabled parking spaces and 3 emergency services parking spaces. The proposal also includes landscaping around and within the site with a mixture of trees, hedges and flowers.

There will be adaptations to the Lôn Las Menai access which is opposite the new access to the health centre itself.

The informal footpath towards the Menai Straits will be renewed and improved with the intention that the community council or Gwynedd Council adopts it in the future.

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

Gwynedd Unitary Development Plan 2009:

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

Policy B8 – Llŷn and Môn Area of Outstanding Natural Beauty (AONB). To safeguard, maintain and improve the character of the Area of Outstanding Natural Beauty by ensuring that proposals conform to a series of criteria that aim at protecting the recognised features of the site.

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

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

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

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

National Policies:

TAN 12 “Design” (June, 2009) involving matters of sustainability, form and building design (public), landscape, the historic environment, transport and access for all.

TAN 18 “Transport” (March, 2007) involving the creation of an efficient and sustainable transport system, accessibility (accessible developments), parking standards, inclusive mobility and access for disabled people, traffic control and access to roads.

TAN 22 “Planning for Sustainable Buildings” (June, 2010) involving improving the sustainability of new development by, for example, using natural resources to build and create designs which withstand climate change in order to achieve carbon neutral standards.

Supplementary Planning Guidance: “Planning for Sustainable Building” (April, 2010) – this document follows the guidance and advice contained in TAN 22 and the policies of the Unitary Plan referred to below.

Supplementary Planning Guidance “Character of the Landscape” (November, 2009) – this document presents guidance to ensure that developments will not affect the features of a landscape character area.

Relevant Planning History:

Application No. C08A/0623/20/AM – Construction of primary health centre and creation of new access and realigning the cycle route approved in December, 2008.

Consultations:

Community/Town Council: Enquiry regarding the footpath down towards the Menai Straits along with concern regarding the suitability of the existing road to take an increase in traffic.

Transportation Unit: No objection conditions.

Environment Agency: Not received.

Welsh Water: Standard conditions.

Public Protection Unit: Not received.

Countryside Council for No observations. Wales:

Gwynedd Archaeological Predetermined archaeological assessment needed. Planning Service:

CADW: Not received.

Isle of Anglesey Council: Concerns regarding impact on visual amenities.

Senior Countryside Warden: Not received.

Biodiversity Unit: Not received.

Access Officer: Not received.

The Campaign for the Not received. Protection of Rural Wales (Arfon):

The Campaign for the Not received. Protection of Rural Wales (Anglesey):

Public Consultation: The application was advertised by means of a site notice and letters to neighbours. A letter was received from the occupant of a neighbouring property, objecting to the application on the following grounds: • The proposal has not been the subject of a local Planning discussion – a public footpath and cycle route need to be deviated along with disturbance to existing trees and hedges. • It is believed that the proposal will have a detrimental effect on the residential amenities of the objectors on the grounds of general disturbance and noise. • The site is outside the village boundary – the suitability of other land in the village for a health centre should have been investigated. • What confirmation can be given that the remainder of the field will not be developed in the future? It is a rural site and it should, therefore, be safeguarded.

Additional Information:

A design and access assessment was submitted with the application referring to the following issues:

• The centre will be for 2,500 people on the patients list and 5,000 on the wider list of patients.

• Forty part time and full time jobs will be created.

• This is the most suitable site having looked at and assessed other sites in the village including the old station, the existing surgery, the conservative club, the old school (Aberpwll) etc.

• The new centre would replace the existing substandard surgery in the centre of the village.

• The proposal complies with relevant planning policies along with the requirements and advice of Planning Policy Wales.

• The building is suitably designed for its setting, easily served, accessible for the public, creates a link to the cycle network and the public footpath and achieves high BREEAM standards in accordance with the “AEDET Evolution Toolkit” document (special guidance involving how new buildings such as health centres create a sense of place and make a positive contribution to those working in these buildings along with the local residents). • Despite the proposal being contrary to Policy CH37 of the UDP this in itself is not an adequate reason to refuse the application as other Planning matters should be considered here and not only this particular policy e.g. the real need for such modern facilities as these in the village.

Material Planning Considerations:

1. Residential Amenities – despite the site being located in a fairly open and visible area there are several residential houses nearby to the north and east. The occupant of the property known as “Crossing Cottage” has objected to the application as referred to previously on grounds of disturbance and noise. This property is located approximately 48m to the northeast of the proposed centre and the site and access will be adjacent to this property. It is recognised that there will be an increase in the traffic using Beach Road and this, in turn, will create more disturbance and noise. However, it must be remembered that this road is already fairly busy and is used regularly by traffic visiting the workshops and offices in Rowen at the bottom of the hill. Additionally, the centre is designed in a way and located in a place which will reduce its impact on the residential amenities of neighbouring residents. The proposal also includes extensive landscaping within the site and on the outskirts. It is, therefore, believed that the application is acceptable on grounds of the requirements of Policy B23 of the Unitary Plan.

2. Visual Amenities – despite the new building being located in a fairly visible and open area (due to the topography and lay of the land) especially from Anglesey (over the Menai Straits) and partly along Beach Road, the design of the building (architectural features), traditional materials along with extensive and various landscaping all contribute to reducing the visible and amenity impact of the proposal. It is, therefore, believed that the proposal complies with Policy B23 of the Unitary Plan. It is also believed that the proposal will not have a detrimental impact on the setting of the Llŷn and Môn Area of Outstanding Natural Beauty. Despite the proposal being visible from Anglesey (but from a distance) and to some extent from the adjacent road, it is believed that the extensive landscaping plan will reduce its impact on visual amenities and on the integrity and character of the AONB. The site is surrounded by high land including established green growth as well as various residential houses which themselves assimilate the proposal into its surroundings. Therefore, the proposal complies with Policy B23 and B25 of the Unitary Plan.

3. Road safety – it is believed that creating an access in this area on the unclassified road complies with the requirements of road safety on grounds of its location, design and use. It is also believed that the parking spaces within the site are sufficient. The site is an accessible one and can be served quite easily by public transport, on foot or by car or bike and it is believed that the junction to the main road is suitable to take more traffic. Therefore, the proposal complies with Policy CH33 of the Unitary Plan.

4. Archaeological implications – Policy B7 states that proposals which will harm or ruin archaeological remains of national importance should be refused. The site is located above the Dinas monument, therefore, a predetermined archaeological assessment should be undertaken first prior to commencing any work on the site.

5. Location of the development – Policy C1 states that new developments must be located within development boundaries. New proposals in open countryside will be refused with the exception of developments which are permitted under other policies within the Unitary Plan. The principle of locating a health centre outside the boundary has already been agreed by the Council in 2008 when the outline application was approved. The application was approved on the basis that there were no other suitable sites in the village to locate the centre and that this site was convenient and accessible for patients.

6. The requirements of the aforementioned policy are reflected in Policy CH37 of the Unitary Plan which states that educational, health or community facilities will be approved if located within the boundaries.

7. Exceptions to approving this type of the use is subject to the site being accessible for different modes of transport, acceptable on grounds of parking, traffic and road safety and that the development will not undermine the attraction, viability and vitality of the town centre.

Conclusions:

Having considered the above assessment, it is believed that the other material issues recognised outweigh Policy CH37 of the UDP and that the proposal is acceptable on grounds of location, design, scale, landscaping, road safety and materials.

Recommendation

To approve – conditions – commencing the work, in accordance with the plans, landscaping, natural slate, footpath, Welsh Water conditions, archaeological conditions and highway conditions.