PWYLLGOR CYNLLUNIO DYDDIAD: SIAMBR DAFYDD ORWIG 4/11/2013 PLANNING COMMITTEE DATE : CHAMBER CAERNARFON

EITEM CAIS RHIF CYMUNED LLEOLIAD ITEM APPLICATION COMMUNITY LOCATION NUMBER

1 C09A/0396/18/AM Llanddeiniolen Tir ger / Land near, Teras Fictoria / Victoria Terrace, Deiniolen 2 C13/0835/22/LL Llanllyfni 3, Water Street, Penygroes 3 C13/0561/39/LL Llanengan Tir Gyferbyn / Land Opposite – Anhywel, Lon Pont Morgan, Abersoch 4 C13/0679/45/R3 Pwllheli Hafan Pwllheli, Ystad Ddiwydiannol Glan y don, Pwllheli 5 C13/0710/23/LL Llanrug Tir yn / Land at Parc Uchaf, Llanrug 6 C13/0758/42/LL Nefyn Tu Hwnt i'r Ffrwd, Lon Uchaf, Morfa Nefyn 7 C13/0770/00/LL Abermaw Memorial Park Tennis Courts, Park Road, Barmouth 8 C13/0822/17/LL Llandwrog Air Caernarfon Ltd, Caernarfon Airport, Llanwnda 9 C13/0826/39/LL Llanengan Blaen Y Wawr, Abersoch 10 C13/0885/11/AM Bangor Bron Derw, Ffordd Garth, Bangor 11 C13/0929/14/LL Caernarfon Canolfan Arddio Fron Goch Garden Centre, Pant Road, Caernarfon

PLANNING COMMITTEE DATE: 04/11/13 REPORT OF HEAD OF REGULATORY DEPARTMENT (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

REPORT TO THE PLANNING COMMITTEE REFER TO A COOLING OFF PERIOD

DATE OF THE 04 November, 2013. PLANNING COMMITTEE:

DESCRIPTION AND Application number C09A/0396/18/AM – a residential LOCATION OF development of 27 houses together with the creation of a APPLICATION: new access on land near Victoria Terrace, Deiniolen.

REPORT BY: Head of Regulatory Department

RECOMMENDATION: To accept the recommendation, namely to delegate the right to approve subject to the applicant signing a Section 106 legal agreement for the provision of an element of affordable housing.

1. PURPOSE

1.1 This outline application was reported to the Planning Committee on 23.09.13 and the Committee’s wish was to refuse the application contrary to the recommendation on the grounds of flood risk, transportation matters and road users’ safety, overdevelopment which would affect the amenities of neighbouring residents, no local need for the development, an insufficient provision of affordable housing, the detrimental effect on the Welsh language and a lack of play area / open space. Because, in the view of the Head of Regulatory Department, the decision represented a significant risk to the Council, the matter was referred to a cooling off period in line with the Committee’s standing orders. The purpose of reporting back to the Committee is to highlight the planning policy issues, the possible risks and the possible options for the Committee before it reaches a final decision on the application.

1.2 The application was submitted to the Planning Committee on 23.09.13 following its deferral at the Committee meeting on 17.06.13, in order to ask the applicant to submit additional information to the Local Planning Authority. This additional information was to include the following:-

 Submit a Community and Language Statement in accordance with the requirements of the Supplementary Planning Guidance document: Planning and the Welsh Language (November 2009).  Details from the Housing Strategic Unit regarding the need for housing within the village/catchment area.  Confirmation of the observations of the Transportation Unit.  Confirmation from the Joint Planning Policy Unit that the primary school has the capacity to be able to accommodate any additional growth resulting from the development.  A statement from the Joint Planning Policy Unit about the need to designate the land and the need for housing in the Caernarfon dependency catchment area in the context of the Unitary Development Plan.  Appraisal of the viability of the development by using the “3 dragons” programme in order to assess the possible contribution of affordable housing. PLANNING COMMITTEE DATE: 04/11/13 REPORT OF HEAD OF REGULATORY DEPARTMENT (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

 A synopsis of the surface water drainage design for the proposed development.

1.3 In response to the above the necessary information was received and contained in the report to the Committee on 23.09.13.

1.4 Briefly, the information and evidence received is based on the following:-

 Community and Language Statement: This document was assessed by the Council and it was concluded that the scale of the development was unlikely to cause a substantial growth in the population which could detrimentally affect the Welsh language. It is not believed that the percentage of affordable housing is insufficient in this case, and it is believed that the mix of housing proposed would make them attractive to the local population. Also, it is not likely that the development will have a harmful effect on the local primary school.  Housing Strategic Unit (the need for housing). Many applications are received for social housing in Llanddeiniolen and over half the local population are priced out of the housing market. Based on the evidence it is believed that five affordable houses would be acceptable and there is a need for this type of housing in the community.  Transportation Unit: The Unit has confirmed that it has no objection to the application subject to including a number of standard conditions with any planning permission.  The capacity of the primary school: The Joint Planning Policy Unit confirmed that there is sufficient capacity in the local school to cope with any potential growth that could result from the development. Therefore there is no justification in requesting a financial contribution from the applicant towards the school.  The need to designate land: There is a need for more housing in the area of the Unitary Development Plan in order to meet the increase in the population within the eight dependency catchment areas in the County. 1,384 extra houses are required in the Caernarfon catchment area and one way of meeting this need is by developing sites that are designated for housing in the Plan itself. In addition, the principle of developing this particular site was supported by the Planning Inspector in the Local Public Inquiry. The land was designated for housing in order to contribute to meeting the need in the Caernarfon dependency catchment area, and not specifically to meet the need in Deiniolen.  Appraisal of the viability of the application: The application was evaluated using the “3 dragons” programme which concluded that it would not be viable to include more than five affordable dwellings as part of this application and that this, in turn, is a realistic and reasonable figure. The reason for this is the abnormal costs associated with providing infrastructure for the development.  Summary of the drainage design: Based on the vast amount of information submitted with regard to drainage, this aspect of the proposal can be controlled in an acceptable manner subject to including relevant conditions on any planning permission. There is no objection from Natural Resources Wales, the Land Drainage Unit or Welsh Water.

2 DESCRIPTION

2.1 This is an outline application to construct 27 houses (including five affordable dwellings for a general local need) and create a new entrance. The recommendation is to delegate the right to approve subject to the applicant signing a Section 106 agreement for the provision of an element of affordable housing. PLANNING COMMITTEE DATE: 04/11/13 REPORT OF HEAD OF REGULATORY DEPARTMENT (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

2.2 The site is currently used for agricultural purposes (grazing land) and slopes down towards the south from a height of 218m above ordnance datum to 210m above ordnance datum near the boundary with Pentre Helen below. Since submitting the original application, the site has been reduced in surface area from 0.99ha to 0.8ha as the western section of the site has been earmarked as a biodiversity improvement area to reduce surface water run-off. A public sewer and mains water pipe cross the site along with natural water courses and the site is currently served by an agricultural entrance from the third class county road.

2.3 The application was submitted to Committee on 23.09.13, with the officers’ recommendation to delegate the right to approve. It was recommended to approve with relevant conditions and subject to a section 106 agreement for affordable housing, as the application, based on the evidence, was considered acceptable and complied with local and national planning policies. A copy of the report and the plans submitted to the Planning Committee on 23.09.13 is attached in Appendix 1, which further explain the background of the application.

3 POLICY CONTEXT

Planning Policy Wales (Version 5, November 2012) and Technical Advice Note.

3.1 Before reaching a decision on this application, it will be necessary to consider National Planning Policy which is a material planning consideration in making decisions on planning applications. It provides a framework for Local Planning Authorities, so that they can prepare effective development plans, and the Welsh Ministers and Planning Inspectors will consider these in determining planning applications that are called in, and also on appeal. Chapter 4 on “Planning for Sustainability” states that sustainability should be promoted through design and “good design must go beyond aesthetics and include the social, environmental and economic aspects of the development”.

3.2 Chapter 8 on “Transport” states that when determining applications, local planning authorities should take into consideration the effect of the proposal on travel demand, the level and nature of public transport, and the accessibility of the site by various means of travel modes. It also states the need to consider the effect of the transport infrastructure and the traffic generated on the environment and the effect on the safety and convenience of other users of the transport network.

3.3 Chapter 9 on “Housing” states that the need for affordable housing in the community is a material planning consideration. It states that “affordable housing makes an essential contribution to community regeneration and social inclusion”. It also states that “new housing developments should be well integrated with and connected to the existing pattern of settlements”.

3.4 Planning Policy Wales is endorsed by a series of Technical Advice Notes (TANs). The TAN that relates specifically to this proposal is TAN 2 on “Planning and Affordable Housing” which states that land use planning is one way of securing a provision of affordable housing.

3.5 TAN 12 on “Design” states that “design for the built environment plays a key role in economic growth and in raising the quality of the places where we live and work”. As part of the requirements of TAN 12, applications must be justified by submitting design and access statements in order to explain the design principles and concepts applied to the development or the work. PLANNING COMMITTEE DATE: 04/11/13 REPORT OF HEAD OF REGULATORY DEPARTMENT (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

3.6 TAN 15 on “Development and Flood Risk” states that “Planning Authorities will need to be satisfied that a proposal is justified and that the possible consequences of flooding are acceptable. Where the risks of, and consequences of, flooding cannot be managed to an acceptable level then developing in these areas shall be avoided irrespective of justification under section 6…”.

3.7 TAN 16 on “Sports, Leisure and Open Spaces” states that in dealing with planning applications for sports, leisure and outdoor facilities, consideration must be given to factors relating to design, noise, floodlights and accessibility.

3.8 TAN 18 on “Transport” deals with matters relating to integrating transport and land use planning by, for example, promoting settlement patterns that are efficient in terms of resources and travel, ensuring good parking, ensuring that new developments are located where there is good access, or where there will be good access by public transport or cycling and encouraging a high standard of street design.

3.9 TAN 20 on “Planning and the Welsh Language” explains how the Welsh language should be taken into consideration in preparing development plans and in determining planning applications where the needs and interests of the Welsh language may be a material consideration.

3.10 In the context of the national planning policies and advice, it is believed that the proposal complies with the requirements and aims of these documents having considered the information and the evidence that were submitted to support the planning application.

Gwynedd Unitary Development Plan (GUDP) and Supplementary Planning Guidelines (SPG):-

3.11 A vast number of the policies in the GUDP are relevant to this proposal and these have already been mentioned in the Committee report on 23.09.13. Nevertheless, it is believed that the policies below set the planning background for development of this site.

3.12 Policy A1 of the GUDP refers to environmental impact assessments or assessments of other impacts. A number of local residents have objected to the application based on its effect on the environment. As a result, a screening opinion was undertaken in order to confirm that the development is not likely to cause significant harm to the environment because of its location, size and nature. The conclusion of the screening opinion was that the proposal is unlikely to have a significantly detrimental impact on the environment, and to this end it is not required to submit an environmental statement under the relevant regulations.

3.13 Policy A2 of the GUDP refers to protecting the social, linguistic and cultural fabric of communities. Members of the Planning Committee had expressed concern regarding the impact of the proposal on the Welsh language and the local community. The applicant undertook a language and community assessment. The information that was submitted by the applicant was assessed and the proposal is considered acceptable on the basis of its effect on the local community, and on the Welsh language, as the mix of housing included in the proposal is likely to be attractive to the local population and as the proposal will not have a damaging effect on the primary school. PLANNING COMMITTEE DATE: 04/11/13 REPORT OF HEAD OF REGULATORY DEPARTMENT (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

3.14 Policy C1 of the GUDP is a specific policy that supports applications to for new development within the development boundaries of towns and villages and the developed form of rural villages. The site in question is located within the development boundary of Deiniolen as contained in the GUDP and the SPG: Development Briefs (November, 2009).

3.15 Policy CH1 of the GUDP states that proposals to build houses on sites allocated for housing will be approved provided that criteria relating to specific features of the development in question can be met. The explanation behind the policy confirms that allocated sites within the GUDP have been selected carefully, in order to provide a source of new homes for meeting the need over the 15 years of the lifetime of the Plan. By assessing and undertaking research, the Council has attempted to ensure that these sites are suitable for housing, that there are no obvious barriers to developing them and that they are “actually” available. In addition to this, the principle of developing the site was supported by the Planning Inspector in the Local Public Inquiry.

3.16 Policy CH6 of the GUDP states that proposals to build houses on sites allocated for housing which provide an element of affordable housing will be approved. In this case, although only five affordable houses are proposed which will be the subject of a Section 106 legal agreement, it is not viable to have more affordable units on the site because of substantial infrastructure costs. This has been proven following an appraisal by the Joint Planning Policy Unit using the “3 dragons” programme.

3.17 Policies B29 and B32 of the GUDP relate to development on land at risk from flooding and increasing surface water. This concern has already been highlighted by local residents. As a result of this, the applicant commissioned a thorough drainage assessment of the site as it is, and how it will be after its development. The result of the assessment was that the surface water run-off from the site could be controlled by designing a drainage system that emulates the existing arrangement. The assessment states that the proposal will not create any additional flood risk, either to the nearby dwellings or on the site. There is no objection from Natural Resources Wales, the Land Drainage Unit or Welsh Water.

3.18 Policies CH33 and CH36 of the GUDP relate to road safety and private car parking facilities. The Transportation Unit are of the opinion that the layout of the estate and the footway, the proposed junction and the visibility splays are satisfactory along with the parking provision and the water drainage system. They suggest that conditions are imposed on any planning permission. We must also remember that matters such as road safety and transport have already been considered by the Planning Inspector in the Local Public Inquiry.

3.19 Policy B23 relates to safeguarding the amenities of the local neighbourhood. The density of the development has been reduced from 30 to 27 houses following amendments to the plan that was submitted originally. The density is therefore less than the density of 30 units shown for the site in the Unitary Development Plan’s Development Brief. Further to this, there is sufficient space between the houses within the development, and between the said houses and the existing neighbouring houses. On this basis it is not considered that there would be any unacceptable impact on the amenities of the local neighbourhood. PLANNING COMMITTEE DATE: 04/11/13 REPORT OF HEAD OF REGULATORY DEPARTMENT (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

3.20 Policy CH43 relates to the provision of open spaces in new housing developments. There is a play area within the development and an open green space on the western part of the site, and the houses would have private gardens. There is a provision in Deiniolen and the location is fairly rural. On this basis, it is believed that the provision included in the application is acceptable.

Planning Policy Wales, fifth edition, (November 2012).

3.21 Chapter 3 on “Making and Enforcing Planning Decisions” states that “imposing conditions on a planning permission can enable many development proposals to proceed where it would otherwise be necessary to refuse planning permission. The proper use of conditions can improve the quality of a development and enhance public confidence in the outputs of the planning system”.

3.22 If using conditions on planning permissions they must be necessary, relevant to planning, relevant to the development to be permitted, practical to enforce, precise and reasonable in all other aspects.

3.23 In the context of the above, it is believed that the proposal in question is acceptable based on the relevant evidence, and that the application complies with local and national planning policies by including relevant conditions that comply with these criteria. The Members must have clear reasons and evidence for overturning the officers’ recommendation on developments that, based on the evidence in front of them, comply with the development plan and the prescribed Welsh Government planning policies. In this particular case, it is not believed that there is a sufficient reason(s) to reverse the officers’ recommendation, as the information and evidence received makes the proposal acceptable, and the application complies with the relevant planning policies.

4. RISKS TO THE COUNCIL OF REFUSING THE APPLICATION

4.1 As has been outlined in the assessment above, refusing the application would undermine policies at a local and national level. This is particularly true in respect of developing sites that have been designated in GUDP and are part of a strategy and plan adopted by the Council to meet the need for an additional 1,384 housing units in the Caernarfon catchment area during the life of the Plan (2001-2016).

4.2 Refusing the application would create inconsistency with previous decisions on applications in terms of using sites that have been specifically designated as sites to be developed for housing in the Unitary Plan and in the Development Brief (November, 2009).

4.3 There is a risk of the application being called in by the Welsh Government to be determined. As well as the risk of individual applications being called in, the Welsh Ministers have powers to intervene formally in the way a Council provides the Planning Service.

4.4 The risk of refusing the application without evidence introduces the risk that an appeal will be submitted to the Planning Inspectorate, with the likelihood that the appeal would be approved. This would also incur the risk of substantial financial costs against the Council for refusing an application without evidence. There are previous cases (e.g. Wern Manor, Treflys, Pentrefelin) where applications were PLANNING COMMITTEE DATE: 04/11/13 REPORT OF HEAD OF REGULATORY DEPARTMENT (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

refused contrary to officers’ recommendation and without sufficient evidence to support such decisions, where the following appeals were approved with costs against the Council. In this particular case, the agent has already stated that they would go to appeal by requesting a hearing or a public inquiry, and would apply to the Planning Inspectorate for costs.

4.5 It is believed that the additional detailed information and evidence contained in the report to the Committee on 23.09.13 respond fully to those matters outlined in paragraph 1.4 above. It is believed that there is no evidence to justify refusing the application on the grounds of flood risk, transportation matters and road users’ safety, overdevelopment which would affect the amenities of neighbouring residents, no local need for the development, an insufficient provision of affordable housing, a detrimental effect on the Welsh language or lack of play areas / open spaces. It is believed that the evidence proves that the application complies with the Unitary Development Plan and the relevant national planning policies. The applicant could use this information and evidence to support his case against the Council in an appeal. The applicant could also use the evidence to try and claim costs against the Council as part of the appeal process.

5. OPTIONS TO THE COMMITTEE

5.1 If it is the Committee’s intention to refuse the application, the options that are open to the Committee in determining the application include the following, where the level of risk for the Council is also highlighted, starting with the option that poses the greatest risk:

a) Refuse the application on the grounds of flood risk, transportation matters and road users’ safety, overdevelopment which would affect the amenities of neighbouring residents, no local need for the development, an insufficient provision of affordable housing, a detrimental effect on the Welsh language and lack of play areas / open spaces. Refusing this application on a site that has been designated for housing, without strong and robust evidence for the seven reasons noted, would create a significant risk for the Council. The Council would have to have strong and robust evidence to defend the seven reasons. There would be a significant and genuine risk of costs against the Council, which could amount to some tens of thousands of pounds, should the application go to appeal.

b) Refuse the application on the grounds of two or more of the reasons referred to in 5.1a). Refusing this application on a site that has been designated for housing, without strong and robust evidence for two or more of the reasons noted in 5.1a), would create a significant risk for the Council. The Council would have to have strong and robust evidence to defend the two reasons. There would be a significant and genuine risk of costs against the Council should the application go to appeal

c) Refuse the application on the grounds that it is an overdevelopment which would have an impact on the amenities of neighbouring residents. It is not believed that there would be a detrimental impact on neighbouring residents, taking into account the location and layout of the proposed houses and their density in relation to neighbouring houses. There would still be costs for the Council if the application was refused on this basis in terms of officers’ time, and an appeal lodged by the applicant would still very likely be successful. PLANNING COMMITTEE DATE: 04/11/13 REPORT OF HEAD OF REGULATORY DEPARTMENT (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

There would still be the possibility of a claim for costs from the applicant as part of the appeal process, but there would be less risk of the claim succeeding.

5.2 It must be realised, therefore, that there are significant risks associated with refusing the application, which include substantial financial risks for the Council. In order to ensure that the Council avoids the above risks, and since the application based on the evidence complies with the Unitary Development Plan and national planning policies, the recommendation is:

To delegate the right to approve in accordance with the recommendation in the report (Appendix 1) and subject to signing a section 106 agreement for affordable housing and planning conditions relating to:-

i) Relevant time conditions ii) Conditions regarding submitting reserved matters details iii) Highways conditions / notes iv) Conditions of Natural Resources Wales/Land Drainage Unit v) Welsh Water conditions vi) Materials / slates vii) Biodiversity mitigation measures as included in the ecological survey viii) Landscaping ix) Removal of permitted rights for the affordable houses

6. APPENDIX

Appendix 1 – A copy of the report that was submitted to the Planning Committee on 23.09.13. Number: 1 Application Number: C09A/0396/18/AM Date Registered: 26/08/2009 Application Type: Outline Community: Llanddeiniolen Ward: Deiniolen

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

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

1. Description:

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

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

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

1.2 This is an outline application to construct 27 residential houses on a plot of land located to the north-west of the village of Deiniolen, along with creating a new access from the adjacent third class county road and undertaking drainage and landscaping work. The site has been earmarked in the Unitary Plan and a Development Brief (November 2009) has been prepared for the site to correspond with the designation.

1.3 Since submitting the original application, the size of the site has been reduced from 0.99ha to approximately 0.8ha as the western section of the site has been earmarked as an area for biodiversity improvement and to reduce surface water run-off. There are residential dwellings to the north of the site, including a terrace (Victoria Terrace) and individual houses; the primary school is located to the east; a housing estate is located to the south (Pentre Helen) and open farmland is located to the west.

1.4 The site is currently used as grazing land. The land slopes towards the south from a height of 218m above ordnance datum to 210m above ordnance datum near the boundary with Pentre Helen. A public sewer and mains water pipe cross the site along with natural water courses and the site is currently served by an agricultural entrance from the county road.

1.5 Although this is an outline application, plans have been received showing the external elevations of the houses and these show a mixture of external materials which include brick and coloured render for the walls with natural slate roofs and Upvc windows/doors. Every house has its private amenity area and parking spaces off the estate road. Engineering work will have to be undertaken to change the current topography in order to create plateaux for the dwellings, parking spaces and an estate road.

1.6 The houses facing the county road would have individual pedestrian access to the pavement which would be provided by the developer and this is located along the front of the site with the adjacent road (a section of the proposed pavement has already been created by the Council as part of a scheme to improve the safety of pedestrians in the area around the primary school). In addition, a footpath will be provided near the highest part of the eastern boundary of the site to link the estate with the footway of the third class county road and the nearby school.

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

1.8 In accordance with the requirements of Technical Advice Note 12 on Design (June 2009) a Design and Access Statement was submitted with the application (updated in July 2012 to include issues involving an amended site plan, rough plans of the elevations of the houses, cross-sections of the site in relation to the location of Victoria Terrace, a drainage report, an ecological report and a housing needs survey). In accordance with the requirements of the Development Brief, a surface water drainage assessment and plans were submitted with the application and consideration was given to ecological features and submitting a local housing provision survey.

2. Relevant Policies:

2.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that planning decisions should be in accordance with the Development Plan, unless material planning considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan. 2.2 Gwynedd Unitary Development Plan 2009:

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

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

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

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

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

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

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

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

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

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

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

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

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

POLICY CH30 – ACCESS FOR ALL Proposals for residential/business/commercial units or buildings/facilities for public use will be refused unless it can be shown that full consideration has been given to the provision of appropriate access for the widest possible range of individuals.

POLICY CH31 – PROVIDING FOR CYCLISTS Development proposals that do not provide specific facilities for cycling where there are obvious opportunities for doing so will be refused.

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

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

POLICY CH36 – PRIVATE CAR PARKING FACILITIES Proposals for new developments, extensions to existing developments or change of use will be refused unless off-street parking is provided in accordance with the Council’s current parking guidelines, and having given due consideration to the accessibility of public transport, the possibility of walking or cycling from the site and the proximity of the site to a public car park.

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

Gwynedd Design Guidelines (April 2003).

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

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

2.3 NationalPolicies:

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

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

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

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

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

4. Consultations:

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

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

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

Welsh Water: Standard conditions regarding surface water and foul water along with a note stating that a public sewer crosses the site. Public Protection Unit: Not received.

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

Housing Strategy: Ensure that an element of affordable housing is part of the application. Five affordable houses are acceptable based on the size of the development as a whole and there is a need for this type of housing in the community.

Public Consultation: A notice was posted on the site and nearby residents were informed. The notification period ended on 16.10.09 and 43 letters / items of correspondence and one petition with 13 signatories had been received. Following a second consultation on the amended plans 13 letters and one petition with 200 signatories were received objecting on the grounds of:

 The site is a greenfield site located in the countryside.  The deeds for the land restrict any development on it to agricultural use only and it must not include any residential development.  The proposal, because of its size and the need for it, is completely unjust and unnecessary at the expense of the rural character of the area. It is an overdevelopment of the site.  The application, if approved, would have a detrimental effect on the residents of the nearest houses on the grounds of losing privacy, overlooking and the development being a mask for them, and there would be light pollution from vehicles exiting the site.  The proposal would affect the natural daylight which currently illuminates the houses opposite the site.  The proposal would increase traffic flow along the road which is not sustainable and would be detrimental to the safety of road users and pedestrians.  Immense pressure would be placed on public facilities, such as the school and the health centre and assessments are required to this end.  Local housing needs have not been considered as part of the application.  If the application is approved the character of the village will be compromised.  The size of the site does not reflect the original requirements of the Unitary Plan.  The length of the development period will have a detrimental effect on the safety of the village.  There are flooding problems above and below the site and how can additional surface water be managed without affecting water courses that currently cross the site? Concern about additional surface water and flooding as a consequence.  There are other suitable sites in the village which would avoid the need to develop this site. This application should be refused until the other sites are developed and sold. There are over 30 houses already for sale in the village.  Creating a new access adjacent to an existing access would create a danger especially when vehicles are parked along the carriageway of the county road.  There are concerns regarding the location of three of the houses near the school on the grounds of privacy and safety.  Question the content and accuracy of the design and access statement, e.g. the location of the new access, and the reference to the post office is incorrect as it has now closed.  The prices of adjacent houses are reduced because of the location of the new houses in front of them.  Loss of the view to the south which is currently enjoyed by neighbouring residents.  The development could have a detrimental effect on the centre of the village on the grounds of de- centralisation and may encourage commuters to the village.  Affecting the amenities of the local residents on the grounds of disturbance and noise.  No play areas for children as part of the scheme.  The latest proposal does not achieve the aim of having 30% of houses on the site as affordable houses.  The policy states that the high cost of infrastructure, such as drainage, is not a sufficient reason to reduce the numbers of affordable houses in a scheme.  Unacceptable that the proposal does not satisfy the requirements of level 3 of the Code for Sustainable Homes conditions (although the application had been submitted prior to this requirement being adopted by the Welsh Government).  The latest application should be dealt with by means of a new application taking into account the length of time that has elapsed since the application was submitted initially.  It is doubtful whether the proposal satisfies the housing needs of the local population. The new houses which are being built near the school are selling very slowly – this shows that there is no need for additional houses in Deiniolen.  The ecology survey is not comprehensive – there is a need for additional surveys.  Need confirmation from Welsh Water that the existing sewerage system is acceptable.  The applicant has not shown why a play area cannot be provided on the application site as the existing one needs to be renewed.  Local residents will not be able to afford the new houses because of the recession.  With such a large development, the whole community should be consulted and not only the residents affected by the proposal.

5. Assessment of the material planning considerations:

Principle of the development

5.1 The principle of developing this site for housing has already been accepted as it was designated specifically as a site to be developed for housing in the Unitary Plan and a Development Brief (November 2009) has been prepared for it.

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

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

5.4 Based on the above, the need for housing is supported and confirmed and it is considered that the proposal is acceptable in principle based on the requirements of Policy CH1 of the Unitary Plan and the adopted Development Brief provided that the development also complies with other relevant policies in the UDP. 5.5 The applicant will be required to sign a Section 106 agreement to ensure that five affordable houses are provided on the site. As referred to above, there has been a reduction in the number of houses proposed to be constructed on the site and this is reflected in the number of affordable houses proposed as part of the plan. In order to justify this reduction in the number of affordable housing, an appraisal of the development was submitted by the applicant. The appraisal concludes that it would not be viable to offer more than five affordable houses as part of the development and that the affordable houses would be sold on the basis of shared equity with a reduction of 20% of the open market house price.

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

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

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

Visual amenities

5.9 As referred to in the above assessment, the site is located on open land in a fairly conspicuous location on the western boundary of the village. The slope and topography of the land means that it slopes down towards an established housing estate named Pentre Helen to the south. Most of the site will be prominent; especially the dwellings located in the northern section opposite the adjacent county road and Victoria Terrace and the houses themselves will be prominent compared with the character of the site at present as an open ‘green’ field. Although this is an outline application, we have an idea of the proposed houses in terms of the elevations, materials and design and it is believed that the proposal will not have a substantial or detrimental effect on the amenities of this part of the village given that established residential areas already exist to the north and south with the primary school located to the east of the site. 5.10 One of the reasons for justifying the selection of this site for development was that it is located between existing developments on the edge of the village and it integrates well with the existing built form of Deiniolen. The location and layout of the proposed houses have been designed so that they reflect the formal and ribbon development of Victoria Terrace and other dwellings that are located adjacent to the county road, with the houses at the rear of the site laid out rather less formally because of the site’s infrastructure restrictions and because of the location and flow of natural water courses, surface water run-off mitigation measures, the requirements of the Highways Unit (e.g. parking spaces and the design of the estate road), the need for private and public amenity spaces within the site and the location of the mains sewerage pipe crossing the site. The Development Brief requires that it must be ensured that new houses are in keeping with the local area in terms of scale and building material, however, a new and different design is encouraged rather than a common and boring design.

5.11 It is believed that the design of the new houses add to the variety and eclectic mixture of dwellings that are currently around the site and as this is an outline application, a condition could be imposed on this element of the proposal in the reserved matters application. It must also be remembered that the plot of land to the west of the site (approximately 0.19 ha) is being kept as it is as a ‘green’ area of open grazing and creates an amenity area in front of the proposed development. In this respect, it is believed that the proposal is acceptable on grounds of the requirements of Policy B22, B23, B25 and B27 of the Unitary Development Plan as well as the advice contained in Technical Advice Note 12: “Design” (June 2009).

General and residential amenities

5.12 Although the application is an outline application, a rough plan of the proposed site has been submitted showing that the front section of the development includes houses facing the adjacent county road and they have been set in a way which reflects the setting of the adjacent houses in Victoria Terrace, and this is the built form of this part of the village. Consequently, several local residents object on grounds that a layout such as this would detrimentally affect residential amenities by means of overlooking and loss of privacy.

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

5.14 Despite the proposal leading to more traffic along this part of the county road (which will naturally create more noise and disturbance) it is not believed that the impact would be significantly more than what already exists. Reference was also made by the objectors that lights from vehicles exiting the estate would reflect directly into the front rooms of houses on Victoria Terrace and other houses adjacent to the road. Taking into account the topography of the site, the entrance and road into the estate will be on a gradient and it is believed that it will be inevitable that there will be some glare from the lights of vehicles exiting the site facing these houses. However, the following must be considered in this context:- (i) this is the safest place to create a new access in accordance with highways guidance; (ii) it is not believed any vehicle will have to wait for a long time to join the county road; (iii) the new access is located adjacent to an existing access serving the rear of the terrace and which joins Marchlyn Road to the north which means that only three houses have the potential to be affected directly by the vehicle headlights – namely 1 and 2 Victoria Terrace and Pen Golwg. Vehicle lights would be seen amidst the background of existing street lights located in front of Victoria Terrace. Therefore, given the above, it is believed that this proposal is acceptable and complies with the requirements of Policies B23 and CH1 of the Unitary Plan.

Transport and access matters 5.15 Although concerns have been submitted by local residents regarding the suitability and safety of the proposed entrance which is opposite an existing entrance and residential dwellings, it is considered that the location, layout and design of the proposed access is acceptable/standard and in accordance with highways requirements and guidelines. In response to the statutory consultation, the Highways Unit is proposing relevant conditions which will ensure that the access is acceptable. It must also be remembered that road safety considerations have already been discussed during the adoption phase of the UDP when it was acknowledged in principle that the site’s location and the adjacent roads network could cope with a maximum of approximately 30 dwellings.

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

Language matters

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

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

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

Public safety and crime prevention

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

5.21 Sustainability matters

5.22 The development brief states that any development on the site should be carried out in a sustainable way, e.g. by using and supplying hydro energy in a sustainable manner, using materials from certified sustainable sources. A Level 3 Code for Sustainable Homes assessment was not submitted with this application as it was submitted before this requirement had come into force. Due to other requirements outside the planning field it is likely that the building work will be in keeping with sustainability principles in any case. However, as there is no Code assessment as part of the application, it is not believed that it is appropriate to assess the proposal in the context of Policy C7.

Flooding matters

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

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

5.25 In response to the content of this assessment, further observations were submitted by Natural Resources Wales, stating that the proposed surface water drainage arrangements are acceptable and will be similar to the current overflow rates for the green field site. It was suggested that relevant conditions should be imposed with any planning permission for the development in order to prevent flooding.

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

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

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

Community benefit / 106 Agreement issues

Affordable Housing:

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

Open spaces:

5.29 On the basis of the information contained in the Supplementary Planning Guidance on ‘Residential Developments and Open Spaces of Recreational Value’, along with the development brief for the site, it is expected for the applicant to discuss with the Local Planning Authority with regard to establishing whether the current provision of recreational open spaces in the area satisfies the needs of this development or whether there will be a need for a provision on site. In this case, a formal recreational area for children is provided on site and in addition to this, the northern section of the site will remain as open grazing land and it can be used informally as an open recreational area in accordance with the most recent site plan submitted as part of the application. The houses also have private gardens which also provide suitable playing areas.

Education:

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

Response to the public consultation

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

6. Conclusions:

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

7. Recommendation:

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

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

PLANNING COMMITTEE DATE: «Planning_Ctte_Date» HEAD OF REGULATORY DEPARTMENT REPORT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

Number: 2 PLANNING COMMITTEE DATE: «Planning_Ctte_Date» HEAD OF REGULATORY DEPARTMENT REPORT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

Application Number: C13/0835/22/LL Date Registered: 04/09/2013 Application Type: Full - Planning Community: Llanllyfni Ward: Penygroes

Proposal: CHANGE OF USE OF THE FORMER SHOP (A1) TO A HOT FOOD TAKEAWAY (A3) Location: 3, WATER STREET, PENYGROES, CAERNARFON, LL546LR

Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:

1. Description:

1.1 This is a full application to change the use of an empty shop (A1 use) to A3 use in order to sell hot food to take-away with opening hours of 12:00 to 23:00 daily. The proposal involves internal alterations to the ground floor, installation of access ramp at the front of the building and installation of an air extraction flue on the rear elevation.

1.2 The site is located within the Penygroes development boundary and within an area designated as a ‘town centre’ in the Gwynedd Unitary Development Plan 2009. This area has a mixture of uses including residential houses, shops, restaurants (including hot food take-aways) and other businesses. Therefore, the area can be lively during the day and night.

1.3 The front elevation of the property faces Water Street which is one of the main town centre streets and it is also a second class road. There is a parking restriction (public crossing) on the road immediately in front of the property; however, there is on-street parking provision approximately 20m to the north and there is private parking at the rear. A bus stop is also located nearby.

2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009:

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

POLICY D25 – HOT FOOD TAKE-AWAY DEVELOPMENTS Proposals for hot food take-away developments will be refused unless criteria relating to the impact on adjacent land uses can be met and that it will not lead to a concentration of this type of development in one specific area. PLANNING COMMITTEE DATE: «Planning_Ctte_Date» HEAD OF REGULATORY DEPARTMENT REPORT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

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

2.3 National Policies:

Planning Policy Wales (Edition 5) (2012)

Planning Policy Wales, Fifth Edition, November 12. TAN 4 - Retail and Town Centres (1996) TAN 12 – Design (2009)

3. Relevant Planning History:

C13/0836/22/HY – INSTALLATION OF ILLUMINATED SIGN – Under consideration C06A/0584/22/LL – CHANGE OF USE OF FORMER SHOP INTO RESIDENTIAL USE AND CHANGE FRONT ELEVATION OF BUILDING – Approved with conditions 03/10/2006

4. Consultations:

Community/Town Council: Object:  Application details are incorrect – it is claimed that the flat has been used until recently.  Danger caused by the ramp in the entrance  A destination for anti-social behaviour  Many residents oppose the application  Would produce more litter around the square  Plenty of other food retailers on the street already

Environmental Health and Further information required regarding the extraction system before Public Protection: reaching an opinion.

Welsh Water: No observations

Transportation Unit: No objection to the change of use but object to the ramp as it would cause an obstruction on the pavement.

Public Consultation: A notice was posted on the site and nearby residents were informed. The advertising period will end on 17 October 2013. At the time of writing the report, 12 letters/e-mails of objection had been received on the following planning grounds:  There are plenty of food retailers on Water Street already.  It would contribute to late-night anti-social behaviour PLANNING COMMITTEE DATE: «Planning_Ctte_Date» HEAD OF REGULATORY DEPARTMENT REPORT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

in the town centre, including noise and litter.  It would cause fumes and unpleasant odours.  It would deteriorate the appearance and character of Penygroes.  The business would have an English influence on the character of the village.

A petition signed by 267 people was received, stating as follows:

“We feel that there are plenty of such businesses already and a business of this type would attract anti-social behaviour on the street and noise, litter and nuisance for neighbours and other businesses as a consequence of that.

We demand that the Council takes the views of the people and community of Penygroes into consideration.”

In addition to the above, objections were received that were not valid planning objections which included:  Giving planning consent would be unpopular amongst residents and other business owners.  Competition for existing food retailers – ‘there is not enough money in the area to maintain more businesses of this type’.  A letter was received from the prospective buyer of 16 Water Street (who received similar permission recently – C13/0582/22/LL), who will reconsider his purchase if this permission is granted.  Does not contribute to raising the standard of Water Street.  Contrary to the philosophy of regenerating the former slate mining areas.  There is no need to change the use to improve the condition of the building – it is the responsibility of the owner.  Such shops encourage people to eat junk food.

5. Material Planning Considerations:

Principle of the development

5.1 As shown above, the Unitary Development Plan has a specific policy that is relevant to Hot Food Take-Away Developments (Policy D25). This specific policy acknowledges the role that such use could have (if it is managed properly) by being a valuable asset to a town centre, in particular for visitors and the night-time economy of the centre.

5.2 The policy notes clearly that the use should be in-keeping with adjacent land use. In response, the site is located in an area with a mixture of various uses. Considering its current use as a shop (empty), with a flat (empty) above, and other uses along this PLANNING COMMITTEE DATE: «Planning_Ctte_Date» HEAD OF REGULATORY DEPARTMENT REPORT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

street, it is not considered that the development would create excessive noise, odours or litter in such a way that would have an unacceptable impact on the character of the area. It is acknowledged that there are many hot food take-aways in Penygroes and that permission has already been granted for another. However, upon visiting the site it does not appear that there is an excessive accumulation of this type of development in the vicinity; although it is agreed that this part of the street could be close to reaching its capacity of this type of business.

5.3 It is also relevant to note that the shop has been empty for many years and that there is a need to avoid having empty frontages within town centres. Planning Policy Wales and Technical Advice Note 12 – Design, support this matter. Applications for change of use must be determined in a flexible way in order to assist to retain a building or improve the townscape or landscape. Maintaining commercial use assists urban areas to be more competitive, viable and sustainable. Therefore, the application complies with the criteria of policy D25.

General and residential amenities

5.4 Policy B23 is a consideration for this aspect of the application. The policy relates to safeguarding residential amenities and the area’s amenities. As noted previously, the site is in an area with a mixture of various uses. However, it is acknowledged that there are many residential houses on the street. Considering the mixed use in the area, the area can be lively during the day and night already. The street is also served by a bus stop that is located near the site. Despite the objections received and because of the nature of the street and existing materials, it is not considered that the proposal would worsen any effects that exist already to such extent that the application would have to be refused on the grounds of amenities only. The opening hours could be amended to ensure that the amenities of nearby residents are protected. Also, odours could be controlled by imposing conditions to ensure that a suitable air extraction system is installed prior to the property being used for A3 use.

5.5 The applicant has expressed his wish to be open from 12:00 to 23:00 daily. It is considered that this closing time is reasonable in the proposed location over the weekend, however, a closing time of 22:00 would be more suitable from Sunday to Thursday. It is not believed that the hours suggested are unreasonable as they would add to the choice of facilities available to the night-time economy in an area that is already active at that time. (This reflects what was permitted in the other application recently).

5.6 On the whole it is considered that the development is unlikely to have a considerable detrimental impact on the amenities of nearby residents and to a degree which would justify the refusal of the application. Subject to appropriate conditions, it is not considered that the development will have an unacceptable effect on the amenities of the nearby houses. Also, it is not considered that the development would attract additional anti-social behaviour to the street as there is good natural surveillance on the street. Therefore, the proposal complies with the requirements of policy B23 which deals specifically with amenities.

Transport and access matters

5.7 The site is convenient for pedestrians from the town, users of public buses and there is public parking provision on the street adjacent to the site. It is therefore considered that the site’s location is sustainable and within the local community’s reach. No PLANNING COMMITTEE DATE: «Planning_Ctte_Date» HEAD OF REGULATORY DEPARTMENT REPORT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

objection was received from the Transport unit to the principle of the proposal despite the fact that they object to the access ramp included in the current plans. (A letter was sent to the applicants inviting them to submit an amended plan in order to overcome this problem). It is not anticipated that the development will create an unacceptable situation relating to transport that would lead to the refusal of the application on this basis. It is therefore considered that the proposal complies with Policy CH33 of the GUDP.

Response to the public consultation

5.8 A notice was posted on the site and nearby residents were informed. Subsequently a number of local objections were received, together with a petition. The main points arising from the objections are listed in the consultations table above. The objections express concern regarding the proposed use of the building, and the impact on the amenities of nearby residents, and these matters have been assessed in the above assessment. It is not considered that the day to day use of the building as a hot food take-away is likely to cause unacceptable additional disturbance, and there are public protection regulations in place for dealing with noise or pollution that is considered to be an unreasonable and persistent nuisance. References to competition with other businesses is a commercial matter and these matters cannot be considered as material planning issues.

6. Conclusions:

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

7. Recommendation:

To delegate powers to the Senior Planning Manager to approve the application, subject to receiving favourable observations on the application from the Public Protection Unit and Transportation Unit and conditions in relation to: 1. Five years 2. In accordance with the plans 3. Opening hours 09:00 – 22:00 (Sunday – Thursday), 09:00 – 23:00 (Friday and Saturday) 4. To submit the details of the air extraction and flue system. 5. To install the air extraction system before using the property for A3 use. 6. Any further conditions from the Transportation Unit and Public Protection Unit.

Number: 3 Application Number: C13/0561/39/LL Date Registered: 07/06/2013 Application Type: Full - Planning Community: Llanengan Ward: Abersoch

Proposal: TŶ NEWYDD A GWAITH CYSYLLTIOL / NEW HOUSE AND ASSOCIATED WORKS Location: TIR GYFERBYN / LAND OPPOSITE - ANHYWEL, LÔN PONT MORGAN, ABERSOCH, PWLLHELI, GWYNEDD, LL537AD

Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:

1. Description:

1.1 Full application to build a modern two-storey house designed to include three en-suite bedrooms, living room / kitchen, two balconies, landscaping and the creation of a parking / turning space for two vehicles near the current access. The plans were amended following discussions between the applicant’s agent and the department. The development would involve considerable groundwork to respond to the sloping ground, meaning that the house’s roof level will be similar to those of nearby houses (0.85m higher than the nearest house) and its appearance from the nearby highway (A499) will appear as a single storey dwelling, approximately 3.5m high while the sea-facing elevation will be approximately 6.5m high. This will be done by locating the bedrooms to the rear part of the house’s ground floor, which will be buried below ground with the car park/turning space located above it.

1.2 It is intended to cover the majority of the building’s external walls with white render while the south eastern elevation (seawards) will be mainly constructed of glass. The house will have a slate roof with solar panels covering approximately 3.7m2 of the south western roof. A Design and Access Statement was submitted with the application along with details of the Code for Sustainable Homes which confirmed that the design meets level 3 of the code.

1.3 The site is situated within the Abersoch village development boundary and within an Area of Outstanding Natural Beauty (AONB). It forms part of the existing garden of Anhywel (the applicant’s property) which is located on the side of the highway (A499). There are currently trees and hedges on the site and it is intended to retain them and to add to them in order to maintain a relatively hidden site.

2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009:

Policy B8 - Safeguard, maintain and enhance the character of the Area of Outstanding Natural beauty by ensuring that proposals conform to a series of criteria that aim at protecting the recognised features of the site.

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

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

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

Policy B27 – Landscaping Schemes – Ensure that permitted proposals incorporate high quality soft/hard landscaping that 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 Development – Land within the development boundaries of towns and villages and the developed form of rural villages will be the main focus for new development. New buildings, structures and ancillary facilities in the countryside will be refused with the exception of development that is permitted by another policy of 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 relating to building in a sustainable manner, unless it can be demonstrated that it is impractical to do so.

Policy CH4 – New Dwellings on Unallocated Sites within the Development Boundaries of Local Centres and Villages – Approve proposals for the construction of new dwellings on unallocated sites within the 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 can conform to specific criteria relating to the vehicular access, the standard of the existing roads 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 off-street parking is provided in accordance with the Council’s current parking guidelines, and having given due consideration to the accessibility of public transport, the possibility of walking or cycling from the site and the proximity of the site to a public car park.

2.3 NationalPolicies: Planning Policy Wales (Fifth edition, November 2012)

Part 9.3.4 – In determining applications for new housing, local planning authorities should ensure that the proposed development does not damage an area’s character and amenity. Part 4.10 – Promote sustainability through good design Part 4.11 – Planning for sustainable buildings Part 8.7.1 – Development Control and Transport

Technical Advice Note 12: Design (2009) Technical Advice Note 18: Transport (2007) Technical Advice Note 22: Planning for Sustainable Buildings

3. Relevant Planning History:

3.1 The site has no recent relevant planning history.

4. Consultations:

Town Council: Objection - Overdevelopment

Transportation Unit: No objections – Suggest conditions

Welsh Water: Suggest conditions

AONB Unit: Observations:  The site is prominent from the beach and from other locations within the AONB.  There is no guarantee that the trees and hedges will be retained.  Concern regarding a development being squeezed into a sensitive site.  Concern regarding the design, especially the substantial glass element which creates a non-residential character. Public Consultation: A notice was posted on the site and nearby residents were informed. The advertising period ended on 21 August 2013 and three letters / correspondences were received objecting on the following grounds:  Overdevelopment of a small site  Will cause hazards on the highway  Impact on the privacy of neighbours  Damage to tree roots and lack of information on the impact on trees  Incorrect plans  Loss of light to next door’s window  Loss of privacy to next door’s garden.  Deterioration in the area’s character – is not in keeping with nearby housing  Impact on the AONB and the Heritage Coast  No details regarding increasing the ground level and how next door’s lands will be protected

In addition to the abovementioned objections, an objection was submitted that was not a valid planning objection:

 There is a legal covenant which prevents building on the site.

5. Assessment of the material planning considerations:

The principle of the development

5.1 The proposal involves building a two-storey house on a site within the Abersoch development boundary and residential houses are located on nearby land to three sides of the site. The site is not designated for any particular use or as protected open land. From the perspective of housing policies, the site falls within the definition of infill land and policies C1 and CH4 are relevant to this application.

5.2 Policy C1, ‘Locating new development’ states that land ‘within the development boundaries of towns and villages … will be the main focus for new development’.

5.3 Policy CH4 is relevant and states that, in principle, proposals for the construction of new dwellings on unallocated sites that are within village development boundaries will be approved provided they can conform to all the relevant policies of the Plan and the three criteria which form part of the Policy. Criterion 1 relates to having a portion of all units on the site as affordable units, unless it would be inappropriate to provide affordable housing on the site. In terms of this policy, it is not considered that it would be reasonable to request an application for one property to be affordable as the criterion talks about ‘a portion of the units on each site’ therefore referring to more than one house. The second and third criteria relate to the arrangements of providing affordable housing (if the application contains more than one house) and for the reasons already noted it is not believed that these are relevant. Based on the above it is considered that the application conforms to the principles of policies C1 and CH4 of the GUDP.

Design and visual amenities

5.4 Policies B22, B23 and B25 of the GUDP are relevant to the application and relate to: design, finishes, elevations and visual amenities. It is considered that the design would offer a modern house located on a site near the sea which is relatively confined. It is in an area characterised by detached houses of a variety of designs and sizes with relatively large gardens and a number of mature trees. The existing houses have no definite pattern or common theme. However, it is considered that any new development needs to be designed in a compatible manner that will not detract from the area’s existing character.

5.5 It is acknowledged that difference of opinion on a modern design is an objective matter and it can be seen that differing opinions have been conveyed in relation to the design of the proposed plan. There is a reference to design in paragraph 9.3.1 of Planning Policy Wales which states that “new housing developments should be well integrated and connected to the existing pattern of settlements”. The proposal offers a house of a size, scale and form which would on the whole correspond with the context of the site, and the design of the house on a confined site, responds positively to the shape and the slope of the site.

5.6 The development would be located within existing trees and vegetation and the applicant intends to plant indigenous hedges to protect the privacy of neighbours.

5.7 It is not considered that the proposed development would have a detrimental impact on the character or appearance of the area and although it is a modern design, it is considered that it would suit the surrounding area. Consequently it is considered that the proposal conforms to policies B22, B23 and B25.

Impact on the AONB

5.8 The site is situated within the AONB, however it is also an infill site within the development boundary of Abersoch and is surrounded by other residential developments. As acknowledged in 5.3 – 5.7 above, there are many different designed houses in the area and there is no characteristic building pattern. Although modern, this design is of a scale that would be in keeping with the site, along with its materials. Some of the existing vegetation can be protected, along with ensuring that more trees and hedges are planted, by receiving a landscaping plan before work commences on the site. Given the above, it is not considered that this development would have a detrimental impact on the AONB.

Sustainability matters

5.9 The National Code for Homes (‘the Code’) is a means of assessing and improving the sustainability of new homes by satisfying the required three star standard – level 3 of the Code. The site has been registered with a sustainability code assessor and the applicant has submitted a pre-assessment report to show that the dwelling could exceed the required standard, reaching a score of 58.67 and achieving Level 3 of the Code for Sustainable Homes. It is aimed to reach the standards of the code by incorporating design features that are environmentally sustainable and planning conditions will have to be imposed in order to ensure compliance. Therefore, the application satisfies policy C7 and TAN 22.

General and residential amenities

5.10 Policy B23 asks for consideration to be given to the effect of the proposal on nearby residential amenities. Furthermore, concern has been expressed by objectors regarding overlooking and loss of privacy. There are two properties adjacent to the application site: Glyn Dŵr Chalet and Carrog, namely the two properties located next door on either side. No observations have been received from the owners of the Glyn Dŵr Chalet (or from the owners of the Glyn Dŵr house nearby either). The owners of Carrog strongly object to the proposed development and the following is an assessment of their amenities:

 The north eastern elevation would be approximately 13m from Carrog’s south western elevation.  There would be no windows on this elevation of the new house, and therefore there would be no impact on the privacy of the house itself.  It would be possible to see into parts of Carrog’s garden from the house’s first floor balcony, however there is existing vegetation between the two gardens and it is intended to reinforce this planting.  The proposed building will be 0.85m higher than Carrog, but it is not considered that this would create any excessive shadowing that would have an unacceptable impact on the light reaching the windows of Carrog.  There are no details of the proposed treatment to the site’s boundaries – there would be a need to agree on the full details of landscaping works before commencing any work on site in order to protect the amenities of the neighbours and the area in general.

5.11 Therefore, it is not considered that the proposal would cause unacceptable harm to the amenities of the residents of nearby houses or the local neighbourhood and the proposal is considered acceptable in respect of Policy B23.

Transport and access matters

5.12 It is considered that the proposal would satisfy road safety requirements, and the Transport Officer proposes standard road conditions. The parking, turning and roads provision would be consistent with the objectives of policies CH33 and CH36 which require that road safety, parking and vehicle turning considerations are addressed in plans on new developments.

Response to the public consultation

5.13 Full consideration has been given to the objections and concerns of the local community in assessing this application and it is considered that there is no matter that outweighs the relevant policy considerations and that the application is acceptable and complies with the requirements of the local and national policies and guidelines, subject to including relevant conditions.

6. Conclusions:

6.1 It is considered that the development of a new house on this site is acceptable with respect to the relevant policies noted above and it is not considered that it would have an adversely harmful impact on the area’s amenities or on neighbouring residents. Furthermore, it is considered that the location, design, finish and form of the development is acceptable and corresponds with the context of its location. Having given full consideration to all the relevant planning matters and all the objections received, it is considered that the development is suitable for the site and that it complies with the local and national policies and guidelines noted.

7. Recommendation:

7.1 To approve – conditions 1. 5 years 2. Work in accordance with the plans 3. Materials / slates 4. Highways / parking 5. Code for sustainable homes 6. Landscaping / trees 7. Water 8. Withdrawal of general permitted rights.

Number: 4 Application Number: C13/0679/45/R3 Date Registered: 27/06/2013 Application Type: Regulation 3 Community: Pwllheli Ward: Pwllheli South Pwllheli North

Proposal: MARINE WORK WITHIN PWLLHELI HARBOUR IN ASSOCIATION WITH THE WELSH NATIONAL SAILING ACADEMY AND EVENTS CENTRE INCLUDING DREDGING OF EXISTING CHANNEL AND PONTOONS, CAPITAL DREDGING TO CREATE NEW MOORINGS, LAND RECLAMATION WITHIN THE HARBOUR, LANDSCAPING OF EXISTING DREDGED MATERIAL AND CONSTRUCTION OF NEW PILES AND PONTOONS Location: HAFAN PWLLHELI, GLAN Y DON INDUSTRIAL ESTATE, PWLLHELI, GWYNEDD, LL535YT

Summary of the Recommendation: TO APPROVE WITH CONDITIONS

1. Description:

1.1 This application relates to marine work which includes the construction of new piles and pontoons, the quay wall with cranes, capital and maintenance dredging, land reclamation within the harbour and landscaping of existing dredged material. This application forms part of a larger plan which encompasses landworks, marine works, dredging and removal of the dredged material by creating an area of reclaimed land to the south west of the harbour. The land works include the academy building, the re-laying of the access road and the provision of parking spaces, and planning permission has already been granted for this element of the work.

1.2 In relation to this application, the proposed design of the piles and pontoons would include the following:-  An access bridge of 2.5m width at an angle of approximately 45◦ to the shoreline.  In the northern zone traditional finger pontoons providing 15 x 10m berths.  Three long pontoon bays (22 m wide) in the southern sector to provide a flexible berthing arrangement for a variety of moorings, to accommodate a varying range of vessels (typically 30-35).  16 steel piles, 16 metres in length.  Two fixed dockside cranes to be installed on the new quay wall to launch dinghies and keelboats, and on the southern side to the keelboat launch pontoon, an extended pontoon, 15 metres in length will be built. The cranes would launch the vessels into a berthing zone with flexibility to raft vessels within the launch bay.  A bespoke pontoon arrangement (51.5m long by 8.39m wide) would provide launch and event berthing immediately adjacent to the quay wall. This pontoon would also accommodate the bridge landing pontoon including 12 RIB docks (3m wide), a floating slipway (12.5m wide) and rowing pontoon (3m wide).  Two crew lift hoists would be located adjacent to the launch and event berthing area. The pontoons will be designed to maximise the number of berths, and with the capital dredging works there will be adequate underkeel clearance for moored vessels up to approximately 12m in length at all tide levels.

1.3 The capital dredging work will be undertaken to the north of the existing marina basin. The purpose of the capital dredging work will be to provide adequate depth of water to accommodate berthed events craft at all states of tide. This extended basin will occupy an area of approximately 25,000m2, and the harbour bed will need to be dredged to a level of -5.44 metres OD. In order to reach this depth, dredging to a maximum depth of 4 metres will be required. A 20m wide fairway would be created around the basin to provide adequate space for vessels to manoeuvre into and out of moorings. The fairway would also provide sufficient width to permit the side by side movement of vessels towards and away from the new event berths.

1.4 The Maintenance dredging of the current marina and the approaches requires 32,000m3 of accumulated silts and sands to be cleared to several design depths. The maintenance dredging can be divided into dredging works around the existing pontoons and the dredging work to maintain the existing channel. All maintenance work will be undertaken by Gwynedd Council as the acting Harbour Authority under the powers of the Pwllheli Harbour Act 1993. Whilst the maintenance dredging does not require planning consent, the works have been included in the scheme description and environmental impact assessment. This is mainly due to the combined disposal of dredge arising from the harbour bed and therefore the potential cumulative impact must be considered.

1.5 The material to be removed as part of the dredging comprises soft silt overlying bands of sands/gravels and stiff clay. It is intended to remove the material by a small cutter suction dredger using a floating discharge pipe. The dredged material will then be pumped ashore to an area of reclaimed land. In order to minimise the amount of sediment, a bund 130m in width will be built across part of the external harbour. It is intended to use approximately 81,000m3 of dredged material to reclaim the land.

1.6 All the reclaimed land is intended to be used as part of an ecological compensation package. This land will be divided into two parts. Part of the land will be used as a stilling lagoon, with sea water being able to enter during certain periods to ensure that there is some standing water in the area. The amount of water entering and exiting this area will be controlled by the bund’s structure. The other part will be dried out before being landscaped in order to form areas for wading birds and which would enable the formation of freshwater pools. Access to the ecological compensation area would be controlled by a timber post and rail fence to prevent disturbing the nesting and feeding birds. Viewing areas and interpretation material will be provided in the surrounding area. It is also noted that there is an intention to designate this ecological compensation area as an extension to Lôn Cob Bach Local Nature Reserve.

1.7 The majority of the site lies outside the development boundary for Pwllheli. Part of the site is included in an area designated for development within the GUDP. The Pen Llŷn a’r Sarnau Special Area of Conservation (SAC) is located approximately 200m from the site. 1.8 The proposed development does not fall within the description and criteria of Schedule 1 of the Town and Country Planning Regulations (Environmental Impact Assessment) (England and Wales) 1999. However, it is a development which falls within the description of a development as defined in paragraph 1(e) reclamation of land from the sea, 2(e) extraction of minerals by fluvial dredging, 10(g) Construction of harbours and port installations including fishing harbours, 10(m) Coastal work to combat erosion and maritime works capable of altering the coast through the construction, for example, of dykes, moles, jetties and other sea defence works, excluding the maintenance and reconstruction of such works and 12(b) marinas from Schedule 2 of the Regulations. Following formal screening and assessment of the proposal in accordance with the criteria of Schedule 3 and based on the size, nature and proximity of the site to protected areas, a full Environmental Impact Assessment has been submitted with this application.

1.9 As is required in order to comply with current legislative requirements, the following information was submitted in the form of formal documents.

 Design and Access Statement  Traffic Impact Assessment and Route Options for Maritime Works (May 2013)  Habitats Regulations Assessment – Statement to inform the test of the likely significant impact  Environmental Statement including: o Introduction o Environmental Impact Assessment Treatment o Description of the Plan o Construction o Policy Context o Hydrodynamics o Deposits and soil o Water quality o Flora and Fauna o Transportation and seamanship o Landscape and the visual impact o Archaeology and cultural heritage o Noise and vibration o Summary of residual impacts o Assessment of cumulative impacts o Framework of the environmental management plan  Non-technical Summary of the Environmental Statement.

1.9 The application is submitted to Committee as it is an application which includes an Environmental Impact Assessment.

2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009:

STRATEGIC POLICY 1 – TAKING PRECAUTIONARY MEASURES - Development proposals that would have an adverse or uncertain impact on the environment, the society, the economy or the Welsh language or the cultural characteristics of communities in the area of the Plan will be refused unless it can be conclusively shown by an appropriate impact assessment that this can be negated or mitigated in a manner acceptable to the Planning Authority.

STRATEGIC POLICY 2 – THE NATURAL ENVIRONMENT - The area’s natural environment and its landscape character, and views in and out of the Snowdonia National Park and the Anglesey and Llŷn Areas of Outstanding Natural Beauty will be maintained or improved by refusing development proposals that will significantly harm them.

STRATEGIC POLICY 14 – SPORTS AND LEISURE – Development proposals for the maintenance or improvement of existing sports and leisure facilities will be approved or proposals for new quality sports and leisure activities which extend the range of activities available if they are not harmful to the environment or detrimental to the amenities of nearby residents in a significant way.

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

POLICY A3 – PRECAUTIONARY PRINCIPLE - Refuse proposals if there is any possibility of serious or irreversible damage to the environment or the community unless the relevant impact assessment can show beyond doubt ultimately that the impact can be avoided or alleviated.

POLICY B7 – SITES OF ARCHAEOLOGICAL IMPORTANCE - Refuse proposals which will damage or destroy archaeological remains which are of national importance (whether they are registered or not) or their setting. Also refuse any development that will affect other archaeological remains unless the need for the development overrides the significance of the archaeological remains.

POLICY B12 – PROTECTING HISTORIC LANDSCAPES, PARKS AND GARDENS - Safeguard landscapes, parks and gardens of special historic interest in Wales from developments which would cause significant damage to their character, their appearance or their setting.

POLICY B13 - PROTECTING THE OPEN COASTLINE - Protection of the open coastline by ensuring that proposals are not permitted unless they conform to a series of criteria aimed at avoiding significant damage to recognised features.

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

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

POLICY B17 - PROTECTING SITES OF REGIONAL OR LOCAL SIGNIFICANCE Refuse proposals which are likely to cause significant harm to sites of regional or local significance unless they conform to a series of criteria aimed at the protecting, promoting and managing recognised features within the sites.

POLICY B20 – SPECIES AND THEIR HABITATS THAT ARE INTERNATIONALLY AND NATIONALLY IMPORTANT - Refuse proposals which are likely to cause disturbance or unacceptable damage to protected species and their habitats unless they conform to a series of criteria aimed at safeguarding the recognised features of the site.

POLICY B21 – WILDLIFE CORRIDORS HABITAT LINKAGES AND STEPPING STONES - Safeguard the integrity of landscape features which are important for wild flora and fauna and development will only be permitted if it can be shown that the reasons for the development clearly outweigh the need to retain the features and that mitigating measures can be provided.

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

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

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

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

POLICY B29 – DEVELOPMENT ON LAND AT RISK 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 B33 – DEVELOPMENTS THAT CREATE POLLUTION OR NUISANCE - Protect public amenities, health and the natural or built environment from high levels of pollution. POLICY B35 – AVOIDING THE SPREAD OF INVASIVE SPECIES – Ensure that measures are taken to deal with invasive species where the development involves the disturbance of soil contaminated by invasive species.

POLICY C5 – REDEVELOPMENT SITES - Development proposals on sites identified on the Proposals Maps as redevelopment sites will be permitted provided they are consistent with the relevant development brief and/or any master plan for the site approved by the Local Planning Authority.

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

POLICY CH47 – MARITIME ACTIVITIES - Approve improving and extending the variety of maritime facilities within existing marinas and improve the quality of the boating provision or upgrade facilities within existing harbours, provided the scale and design of the proposed development is of the highest standard and is suitable for the site in question.

POLICY D13 – ATTRACTIONS AND FACILITIES - Proposals for the development of new attractions and facilities for visitors, or to improve the standard of existing facilities, will be approved provided they are within development boundaries. Where there are no suitable opportunities within the development boundary, only proposals that involve the re-use of an existing building(s) or a previously used site, or an existing building(s) or a site closely related to other existing buildings that forms part of an existing tourist facility complex including one that provides visitor accommodation, or the development of an activity restricted to a specific location due to its use of a historical or natural resource, will be approved. Every proposal will be required to comply with the criteria relating to the development of ‘niche’ markets, or supporting the development of an identified theme in the Gwynedd Tourism Strategy, appropriateness to the urban/rural setting and the design, setting and appearance of the proposed development.

Supplementary Planning Guidance – Planning and the Welsh Language Supplementary Planning Guidance – Wildlife Sites Supplementary Planning Guidance – Development Briefs Supplementary Planning Guidance – Landscape character

2.3 NationalPolicies: Planning Policy Wales (Fifth edition, November 2012) Technical Advice Note (TAN) 5 - Nature Conservation and Planning (2009) Technical Advice Note 11 - Noise (1997) Technical Advice Note 15 – Development and Flood Risk (2004) Technical Advice Note 16 – Sports, Leisure and Open Spaces (2009) Technical Advice Note 18 – Transport (2007) Technical Advice Note 20 – Planning and the Welsh Language

3. Relevant Planning History:

3.1 There is a long history of developments involving the marina and the harbour. The latest planning history on parts of the site includes - C02D/0319/45/R3 – Construction of a roundabout and access road to the site of the Old Island - Old Island Site, Embankment Road, Pwllheli - Approved 7 October 2002.

C11/0422/45/LL – Construction of two A Frames and a cable for practising water-sking - Outer Harbour, Pwllheli – Approved 16 August 2011.

3.2 C12/0818/45/LL – Construction of new three-storey multi-purpose building to include an office, training room, kitchen, changing rooms, storage area, multi-purpose hall, cafe/ eating area, bar, toilets, outdoor seating area and look-out pods, a new car park for 40 vehicles with landscaping and new access for deliveries to the building and for emergency vehicles to access the beach, creating a new multi-purpose compound for events including open and buried storage and extending the existing sailing compound to the south of the building with a wall to the west and the south, creating a walkway to link the site with Coleg Meirion Dwyfor nearby, take the open compound to the north-east corner of the site and extend the existing public car park in the northern part of the site - Pwllheli Sailing Club, Glandon, Pwllheli – Approved 16 August 2012. The current application involves marine work associated with the sailing academy and the new events centre which was approved in 2012.

4. Consultations:

Town Council: With a majority vote, it was decided to support but concern was expressed that the harbour was being reduced in area as land was being reclaimed and the question was asked whether there was another option for disposing of the sediment and what will happen to the harbour in the future if it continues to fill in at this rate in the future. At one time the houses of Morfa Garreg were on the side of the harbour but now they are some considerable distance away from it.

Transportation Unit: No objection to the proposal. The most relevant element in terms of the effect on transport is the impact of heavy traffic during the construction phase. The applicant has already submitted a traffic assessment which has identified the scale and impact of the proposal, including suggestions of measures to alleviate the problem. Suggest that conditions / notes should be imposed on any planning permission.

Footpaths Unit: Not received.

Natural Resources Wales: Further to our comments dated 17 September 2013 and a subsequent meeting with the applicants we are in receipt of further information including a letter from YGC, Addendum to Appendix A Morphology and Dredging, a revised landscape plan and a revised version of the statement to inform a test of likely significant effect assessment. We are satisfied that the submission now allows for an assessment to be made of the possible impact of the proposed development on the Pen Llyn a’r Sarnau Special Area of Conservation. We agree with your conclusion under the Conservation of Habitats and Species Regulations 2010 (as amended) that the proposal is not likely to have a significant effect on a SAC, SPA or Ramsar site provided that the conditions referred to below are attached to any planning consent for the development.

Protected Sites The proposed scheme is located approximately 200m from the Pen Llyn a’r Sarnau Special Area of Conservation (SAC). - Impacts from suspended sediment from dredging Our initial comments on the proposal identified that the main potential impacts of the development on the Pen Llyn a’r Sarnau SAC could be negative impacts from suspended sediment from dredging on the Reef and Large Shallow Inlet and Bay features of the SAC located close to the harbour mouth, principally through changes in turbidity and smothering. We are satisfied that the Appendix A addendum provides an adequate rationale for an assessment to be made of both the fate of the suspended sediments and deposition of those suspended sediments under realistic and worst case scenarios for the planned dredging. We are therefore satisfied that the impacts from suspended sediment from dredging won’t have a negative effect on reef and large shallow inlet and bay features of the SAC and therefore that the proposal will not have a significant effect, either directly or indirectly on the SAC, provided that the mitigation and conditions noted further below and within the Habitats Regulation Assessment are implemented and adhered to. Clarification was provided during our meeting that a total volume of 81,000 cubic meters of sediment will be dredged. In terms of release of sediment from the bund construction and holding area we request that any planning permission given for the development includes a condition requiring the submission of a method statement which should be agreed with both the LPA and NRW prior to the commencement of development. The statement should provide full details of the dredging method, quay wall construction, pontoons and bund construction. As recommended the assessment now considers the worst case scenario with a 5 cubic metre ebb tide for sediment release calculations and modelling purposes and 2% used as a worst case scenario loss of sediment from the dredger. The calculations based on the above now indicate a 2.5 cubic metre release of dredged sediment into Cardigan Bay. In terms of assessing the sediment plume effects (both amount and type) in the far field outside of the harbour entrance, we are satisfied that it has been demonstrated that sediment will travel in an easterly direction. In terms of coastal process, reference has now been made to the Pwllheli Pilot Climate Change Adaptation Strategy prepared by Halcrow. As part of this pilot scheme the ‘Pwllheli Geomorphological Baseline Report 2011’ has been produced which details historic changes to the coastline and identifies current coastal processes within Pwllheli. We are satisfied that this information provides details of the dispersive effects of tidal currents within the bay, including both speed and direction. In addition information has now been provided with regards to the outcomes of previous dredging campaigns to inform the assessment of fate of suspended sediment. It is now reasonable to conclude, that any sediment released from the harbour mouth is likely to travel in an easterly direction, although some sediment will be deposited in the lie of the harbour arm. We are now satisfied that following receipt of additional information that the proposed development will not have a significant effect on the Pen Llyn a’r Sarnau SAC provided that the following conditions are attached to any planning permission:  A Construction Method Statement and Environmental Management Plan should be submitted and agreed prior to the commencement of any works on site. The Construction Method Statement should provide full details of the dredging method, quay wall construction, and construction of the pontoons and bund. The Environmental Management Plan should summarise the environmental actions and any monitoring required to implement the proposed work.  A programme for regular monitoring of water quality and visual inspection of the de-watering facilities of the reclamation area is to be agreed prior to commencement of works. This should include agreement over the threshold of suspended sediments and methods and frequency of monitoring. The monitoring programme should also identify methods of mitigation in the instance that target sediment loading is exceeded.  A biosecurity risk assessment (including details of ‘easy clean’ pontoon design and future marina code of practice) is to be submitted and agreed prior to commencement of development. The submission should provide reassurance that prior to any plant being introduced into the harbour, that adequate measures have been undertaken to prevent the risk of introducing non-native species into the marine environment. Evidence of appropriate cleaning procedures will also need to be presented to the Environmental Clerk of Works prior to plant entering the site. We would expect easy clean pontoon designs to facilitate future inspection and cleaning to address, amongst other things, potential control of invasive non native species. - Future Dredging Campaigns The Statement to Inform the Habitats Regulation Assessment clearly identifies a requirement for future dredging campaigns to maintain sufficient vessel access to the harbour and marina. We seek commitment from Gwynedd Council to produce a revised Pwllheli Harbour / Marina dredging strategy well in advance of any future dredging requirement, to set out how this will be achieved, and which addresses any potential impacts on the Pen Llyn a’r Sarnau SAC and other protected habitats and species. We would expect the strategy to be assessed through a HRA process. - Compensation for loss of intertidal mudflat As previously noted in our earlier response, NRW considers that a well thought out compensation package is required fro the loss of mudflat arising from the proposal, including a package that is linked with the existing Local Nature Reserve and provides real potential for biodiversity benefits. The compensation package needs to be fully funded – the future safeguard of any proposals needs to be addressed as an integral part of the compensation package. We would expect the final compensation package to be a condition of any planning permission given for the development with a requirement for agreement of an appropriate package and its future implementation prior to completion of the dredging operations. Flood Risk The works will require a Marine Licence under the terms of the Marine and Coastal Access Act 2009. Section 82 of that Act stipulates that a Flood Defence Consent under the Water Resources Act 1991 will not be required, provided we are satisfied that all the conditions we would require can be addressed through the Marine Licence. We do not anticipate a Flood Defence Consent will be required in this instance. Waste Management and Pollution Control Dredged material is to be used for land reclamation and provision of environmental benefit to compensate for loss of a section of mudflat within the harbour. The requirements and specifications of the environmental improvement are to be agreed with NRW. We recommend that a Site Waste Management Plan is drawn up prior to the scheme’s commencement in order to ensure full duty of care is complied with. Conclusion NRW does not object to the proposed development subject to providing that the advice outlined above is implemented and that the conditions listed are attached to any planning permission given for the proposed development.

Biodiversity Unit: Further to the original observations, we have now received further details, along with modifications to the original plan. The developers propose the whole area of new land as an area for wildlife – a substantial improvement on the original proposal of 0.8ha. They have also explained how they will ensure that part of the site will continue to be wetland by allowing sea water to flow through it at different states of the tide. They also show how the remainder of the land will be managed as an area of fresh water pools with some access for the public. I am now satisfied with these amended plans. I wish to impose a condition that the developer should propose a management plan for this land within a year of receiving planning permission. The plan should include details of how the site will be managed for wildlife along with details of who will be responsible for managing the site and how it will be funded. We have agreed that the intertidal area proposed originally will not now be designated.

The developer has re-submitted the document which assesses the impact of the development on the Pen Llŷn a’r Sarnau European SAC site (Habitat Regulations Assessment Statement to inform of likely significant effect). More information regarding modelling has been included in the document along with detailed maps of the location of features of the site. Following a discussion with the Pen Llŷn a’r Sarnau Officer and the NRW expert, we have now agreed with the conclusions of the document that there will be no significant likely adverse effects on the Pen Llŷn a’r Sarnau SAC on its own or jointly with any other development.

To summarize, after more information was submitted, I am withdrawing my objection because:  The amended alleviating measures to compensate for the loss of 2.3ha of intertidal habitat.  New information which demonstrates that the development would not have a significant impact on the European site of Pen Llŷn a’r Sarnau.

Welsh Water: Not received.

Public Protection Unit: Not received.

Marine Crown Estates Not received.

Maritime Officer: Not received.

Public Consultation: Notices were posted on site and in the press and nearby residents were informed. The advertising period ended on 18 August 2013 and one letter was received requesting to speak at the meeting of the Committee against the application but no reasons for the objection were given.

5. Assessment of the material planning considerations:

Principle of the development 5.1 Policy CH47 is supportive of proposals that will improve and extend the variety of maritime facilities within existing marinas, and also improve the quality of the boating provision. Permission was previously granted to construct the Wales National Sailing Academy and Events Centre on a nearby site. The existing application includes the maritime work associated with the Sailing Academy. The application would include pontoons for mooring a variety of different boats including boats for events associated with the Sailing Academy. Policy CH47 is supportive of proposals that will improve and extend the variety of maritime facilities in the existing marinas, including increasing the number of pontoon mooring facilities in the Hafan, Pwllheli. It is considered that the proposal would improve and extend the maritime facilities available in the existing marina including the addition of pontoons and it is considered that it would be acceptable in respect of Policy CH47.

5.2 Overall, the existing application, together with the building for the Wales National Sailing Academy and Events Centre which was approved previously, is also being considered as a visitor attraction. In light of this, it is also considered that the application may be considered under Policy D13 of the GUDP which relates to attractions and facilities. The policy is supportive of proposals for new attractions and facilities for visitors, or for improving the standard of existing facilities if they are within the development boundary. In some cases developments may be located outside the development boundary. One of these cases is if the proposal is for developing an activity that is restricted to a specific location because of its use of a historical or natural resource. It is considered that the proposal in its entirety makes use of a natural resource, namely the sea, and there is justification in respect of Policy D13 to locating the proposal in this spot, which is partly outside the development boundary.

5.3 Policy B13 of the GUDP states that proposals will be refused on open coastlines in the Plan area, unless they comply with a number of criteria within the policy. There is a reference in the first criterion that developments under this policy require a location on the coast or open estuaries, or close to them. As the proposal includes the creation of new pontoons, it is considered that the proposal before the Committee is a development that requires a location by the coast. Furthermore, criterion 3 of the policy notes that priority is given to locations with a close visual connection to current buildings or existing structures. It is considered that the proposal would comply with this element of the policy in light of the fact that the existing marina is located nearby, together with the fact that a number of buildings can be seen in the vicinity. Also, the proposal in question corresponds with the sailing academy and events centre, which has already been granted planning permission, near the existing application site. Therefore, in principle, it is considered that the proposal is one that requires a coastal location and that it is acceptable in terms of Policy B13 in this respect.

5.4 Part of the site is located on a part of broader land that has been denoted as a re- development site. The location of this part of land is immediately near the land to be reclaimed from the sea. In terms of this land, there is no real change to the existing situation in terms of use. This land could still be available in future to be part of a further development to be re-developed in its entirety and therefore it is not considered that the proposal would have implications in terms of the content of the development brief for the area and Policy C5.

Visual amenities 5.5 A full assessment has been undertaken regarding the visual impact of the proposed development on the landscape. This has been made in the form of a landscape and visual amenities assessment. The assessment has examined the visual impact of the proposal during and at the end of the construction phase. It is considered that the main visual concerns during the construction phase would be matters such as construction traffic and construction methods including cranes, pipes and dredgers. The main visual impacts during the operational phase have been noted as a permanent loss of landscape features such as muddy intertidal sandbanks, the creation of new areas of reclaimed land and new permanent structures such as pontoons and boats. The impact on a variety of users and different locations in Pwllheli was also examined. The assessment concludes that the main visual impact would be seen during the construction phase and that this impact would reduce during the operational phaseof the proposal. The operational phase was assessed at different periods following completion of the work and it can be seen from the assessment that this visual impact would reduce over the years as landscaping work etc. was undertaken and as it matured.

5.6 As noted above, it is likely that there would be a visual impact in terms of the proposal during the construction phase and subsequently. It is realised that the visual impacts associated with the construction phase would be over a temporary period and that this is to be expected with any development. As part of the proposal, a new pontoon site will be created near the existing marina. Although these pontoons would be a new feature in the landscape, it is considered that they would not have a detrimental impact on the area’s visual amenities due to their location near the existing marina. In order to create new pontoons, there is a need to dredge parts of the muddy intertidal sandbanks in the harbour. These muddy sandbanks can be seen when the tide is out, therefore it is likely that there will be more long-term impacts in terms of this part of the site’s appearance, particularly when this site is visible to the public as the tide goes out. Another visual feature would be the land that will be reclaimed as a result of removing the dredging. A bund would be constructed across part of the external harbour in order to store the dredging material behind it. It is proposed to face the bund with stone that would provide a similar finish to the land that has been previously reclaimed. A condition could be imposed on the permission in terms of agreeing on the stone used to ensure that it is in keeping with the adjoining land.

5.7 It is intended for the reclaimed land to be subsequently used as part of an ecological compensation scheme. There will be a need to ensure that a landscaping work programme would be in place to ensure that the reclaimed land is suitably landscaped so that it was in-keeping with the nearby area and also suitable for the wildlife it is being prepared for. Should a suitable landscaping work programme be implemented, it is considered that the visual impact of the reclaimed land would reduce over the years as the landscaping undertaken matures. Whilst it is considered that there would be a short-term visual impact it is considered that this would reduce over the years. Therefore, in the long-term, it is not considered that the proposal would have a detrimental impact on the visual amenities of the area, neither would it have an impact on the Llŷn and Bardsey Island Landscape of Outstanding Historical Interest. Therefore, it is considered that the proposal is acceptable in respect of Policies B12, B22, B25, B27 and point c) of criterion 2, Policy B13 of the GUDP.

Biodiversity matters 5.8 The location of this proposed development includes important sites in terms of biodiversity, protected species, the ecology of the area in general and specific sites that have a protected status. The Pen Llŷn a’r Sarnau SAC is located approximately 200m from the site. The development has been fully assessed in terms of the possible impact on the designated areas and biodiversity. As the competent authority, Gwynedd Council has undertaken a ‘Habitats Regulations Assessment’ in order to consider the impact of the development, and has come to the conclusion that there will be no likely substantial impact on the Pen Llŷn a’r Sarnau SAC neither on its own nor jointly with any other development. Natural Resources Wales confirm that they agree with the conclusions of the ‘Habitats Regulations Assessment’ namely that the proposal is not likely to have a significant effect on any SAC, SPA or RAMSAR sites.

5.9 The Environmental Impact Assessment includes surveys and assessments for a wide range of wildlife and vegetation. Assessments are also included in terms of how the work would affect sediments and water quality and the impacts of this on the designated sites and on biodiversity. In light of discussions held with Natural Resources Wales (NRW) and the Biodiversity Unit, further information has been added to the assessment. In their original observations, NRW identified that the main potential impacts of the development on the Pen Llŷn a’r Sarnau SAC would derive from the negative impact of suspended sediments from the dredging work. It was considered that this could have a negative impact on the Reef and the Large Shallow Inlet and Bay features of the SAC located close to the harbour mouth, principally through changes in turbidity and smothering. In light of these concerns, additional details were received relating to the proposal and the information that has now been submitted is acceptable. However, NRW has suggested imposing a number of conditions on any planning permission in terms of receiving and approving construction method and environmental control statements, a water quality monitoring programme and biosecurity risk assessment. In addition, the Biodiversity Unit has asked for a condition to be included in terms of having a management plan for the reclaimed land that would include details of how the site would be managed for wildlife and also who would be responsible for managing the site and how it is funded. NRW and the Biodiversity Unit suggest imposing stringent conditions in order to safeguard these relevant matters and they are of the opinion, that in doing so, there is no objection to the principle of the development provided that it can be demonstrated by means of details and further monitoring that there would be no long term or significant harmful impact on the protected areas or species, including the Pen Llŷn a’r Sarnau SAC.

5.10 The proposal would mean losing parts of muddy intertidal sandbanks. Following discussions with the Biodiversity Unit, a plan and information have been received confirming that all reclaimed land would be provided as part of a compensation package. Observations were received from the Biodiversity Unit confirming that this proposal was a substantial improvement to the original proposal of 0.8 hectares. Part of this reclaimed land would continue to be wetland by allowing sea water to flow through it at different times of the tide. It is proposed for the rest of the site to be managed as an area of fresh water pools with some access to the public. These amended details are acceptable but, as noted above, a condition will be required in terms of how the land would be managed and funded. There is also a possibility that this area could be included as an extension to the Lôn Cob Bach Local Nature Reserve.

5.11 Therefore, it is deemed that full consideration has been given to all the submitted information together with the observations received from statutory consultees and by imposing conditions as suggested it is possible to ensure that full protection is sustained and a clear agreement can be realised in relation to these matters. In doing so, it is believed that the requirements of national planning policies and guidance will be met along with policies A1, A3, B15, B16, B17, B20, B21, B35 and point a) of criterion 2, Policy B13 of the GUDP.

General and residential amenities 5.12 Some residential dwellings are situated near the site. The effect on the residents of these houses is likely to be a short-term to some extent as it is intervention during the construction phase that is most likely to occur such as movements from heavy vehicles, noise and vibrations associated with the dredging work. A noise and vibrations assessment was submitted as part of the Environmental Statement, which identified that there would be a minor or moderate impact on some of the nearby houses as a result of the construction work and mainly during the dredging work. The assessment also proposes a number of mitigating measures in order to reduce any potential impact on the amenities of neighbouring residents.

5.13 The Public Protection Unit was consulted on the proposal but no response has been received thus far. The local Public Protection Unit has a responsibility over matters such as noise, light and the impact of vibration etc., and any developer would be required to comply with restrictions such as those included within the Welsh Government’s current guidance on these aspects and the situation would have to be monitored regularly in order to ensure compliance. Therefore, it is considered that matters such as noise control, vibrations, pollution etc., would be safeguarded and that there would be no excessive long-term impact on the amenities of local residents or the community in general.

5.14 There is no objection to the application on the grounds of these matters, but the mitigating measures included in Part 13 Noise and Vibrations of the Environmental Statement should be adhered to in order to ensure that every possible step has been taken to reduce the impact on the amenities of nearby residents. To this end, it is considered that a condition should be imposed on the planning permission and that this, and the fact that it is also possible to control such matters with requirements and methods other than the planning system, should ensure that there is no long-term substantial impact on the amenities of nearby residents as a result of the development. Therefore, it is considered that the proposal complies with the requirements of policies A1, A3, B23, B33 and part of point c) of criterion 2, Policy B13 of the GUDP.

Transport and access matters 5.15 At times, it is inevitable that the proposed development will affect transport during the construction phase. However, the fact that the material for the reclaimed land will be transported to the site via dredging pipes means that there will be less construction traffic using the roads network. A transport and navigation assessment was included as part of the Environmental Statement and a Traffic Impact Assessment and Route Options for Maritime Works (May 2013) document was submitted as part of the application. These documents measure and assess the number of movements against existing traffic levels with attention also given to the form of crucial vehicular routes. The assessment found that the local road network would have the capacity to accommodate all movements to an extent that would not excessively compromise existing movements.

5.16 The Transportation Unit was consulted on the proposal and they had no objection. The Transportation Unit noted that the most relevant element of the proposal from their point of view was the effect of heavy traffic during the construction phase. It was noted that the applicant had already submitted a transport assessment which identified the scale and impact of the proposal, including suggestions of measures to alleviate the problem. The Transportation Unit suggests conditions in terms of sweeping the local roads on a daily basis and to agree on the quality of the roads before commencing the work. By imposing such conditions, it is considered that the requirements of Policies CH33 and part of point c) of criterion 2, Policy B13 will be met.

Archaeological Matters 5.17 It is apparent that the greatest impact on locations of Archaeological interest will be the construction work itself. An Archaeological Assessment was submitted as part of the Environmental Statement. This Archaeological Assessment came to the conclusion that no new archaeological sites had been identified and it was considered that the potential for the survival of archaeological evidence was low. Therefore, it appears that the site does not have substantial archaeological potential and therefore it is not considered that there is a need to impose an archaeological condition on the planning permission. It is therefore considered that the proposal is acceptable in terms of Policy B7 of the GUDP.

Flooding matters 5.18 The site lies within a C1 flood zone. The Hydrodynamics Assessment notes that there would be a trivial impact on the risk of flooding. A consultation was held with NRW in terms of flooding risk and it was noted that the proposal would not likely require a Flood Defence Consent. Therefore, it appears that there are no concerns relating to this aspect of the proposal and that the proposal is acceptable in terms of Policy B29 of the GUDP.

5.19 Linguistic and Community Matters No language impact report was submitted as part of the current application. However, the proposal in terms of creating new pontoons has been considered as part of the language impact report submitted with the application for the building of the Sailing Academy. That report concluded that the key matters on the one hand are the threat of potential additional inward migration and the effect on the average house price as a result of the National Sailing Academy and Events Centre, and on the other hand the opportunities to promote the Welsh language in a new field by offering employment, training and qualifications to the young people of Llŷn and to promote the unique Welsh identity in a way that hasn’t been done before. It is likely, therefore, if the academy and centre are run appropriately, offering opportunities to promote the Welsh language by offering Welsh- medium employment and training opportunities, that the proposal would not cause significant harm to the language, and that the proposal would be acceptable in respect of Policy A2 of the GUDP.

6. Conclusions:

6.1 This proposed development is likely to affect the local landscape during the construction phase and for a period of time following this until the mitigation measures have been established. The pontoons would be located near the moorings in the existing marina, therefore, it is not considered that these would ultimately stand out in the landscape. It is likely that the loss of muddy intertidal sandbanks would change the site’s appearance when the tide is out. The reclaimed land would have to be carefully landscaped to ensure not only that it would be in keeping with the surrounding area, but also that the vegetation used is suitable for the site in light of the fact that it would form part of an ecological compensation package. There will also be a need to ensure that the stone intended to face the bund is agreed upon and is in keeping with the nearby materials. Therefore, it is considered that the long-term effect of the development will be mitigated and that the proposal will not have a harmful effect on the local landscape.

6.2 The development has been assessed in full and it has been stated that it would not have a direct or indirect harmful effect on protected species or sites, including the Pen Llŷn a’r Sarnau SAC. In addition, all of the reclaimed land will be included within an ecological compensation package that will include an area of wetland and an area of fresh water pools. NRW and the Biodiversity Unit have proposed a number of conditions, therefore a number of further assessments must be received and agreed to by means of a formal conditions arrangement. There is a need to ensure that the restoration plans for the land- reclamation are undertaken with full agreement of the details of the proposed work, and equally important will be the need to ensure that regular and thorough monitoring is undertaken in order to ensure that habitats and vegetation are established in accordance with the recommendations of the assessments agreed as well as the information submitted in the Environmental Statement. A permit must be granted for some aspects of the development prior to commencing the construction work. Based on this, NRW and the Biodiversity Unit are of the opinion that the proposal is not likely to have any substantial impacts on the Pen Llŷn a’r Sarnau SAC.

6.3 It is considered that including conditions in terms of complying with the mitigating measures in Section 13 ‘Noise and Vibrations’ of the Environmental Statement would mean that there will be further control over aspects of the work that have the potential to impair or create a nuisance for local general and residential amenities including movements and the local road network, noise, vibrations etc. The Transportation Unit has also requested the inclusion of conditions in terms of sweeping the roads and agreeing on the condition of the roads before commencing the work.

6.4 Based on the assessment above, it is considered that the proposal is acceptable and in accordance with relevant local and national policies. A ‘Habitats Regulations Assessment’ was also undertaken by the Council and it came to the conclusion that there will be no likely substantial impacts on the Pen Llŷn a’r Sarnau SAC neither on its own nor jointly with any other developments.

7. Recommendation:

7.1 To approve – with conditions 1. Commencement within five years. 2. In accordance with revised plans and details. 3. Agree on the natural stone to face the bund. 4. Submit and agree on a Construction Method Statement and Environmental Management Plan before commencing the work. The Construction Method Statement to include full details of the dredging method, the construction of the quay wall and construction of the pontoon and bund. The Environmental Management Plan to summarise the environmental actions and the monitoring required. 5. Submit and agree on a programme to monitor water quality. This should include an agreement regarding the suspended sediments and the monitoring method and frequency. A mitigating method will also be required if the target sediment loading is higher than what was agreed. 6. Submit and agree to a biosecurity assessment. There will be a need to ensure that appropriate measures have been taken to ensure that there is no risk of introducing non-native species to the marine environment. Evidence of suitable cleaning methods will be required and to ensure that pontoons have easy cleaning methods. 7. There is a need to agree on the compensation package for the reclaimed land including details of how the site will be managed for wildlife along with details of who will be responsible for managing the site and how it will be funded. 8. Landscaping. 9. Compliance with mitigating measures that have been included in Section 13 Noise and Vibrations of the Environmental Statement. 10. Sweep the road on a daily basis during the construction phase. 11. Agree on the condition of roads before commencing the work. 12. Any relevant conditions from the Public Protection Unit.

Number: 5 Application Number: C13/0710/23/LL Date Registered: 09/07/2013 Application Type: Full - Planning Community: Llanrug Ward: Llanrug

Proposal: ERECT 2 DWELLINGS AND GARAGES TOGETHER WITH ASSOCIATED ACCESS Location: LAND AT PARC UCHAF, LLANRUG, CAERNARFON, GWYNEDD, LL554AW

Summary of the TO REFUSE Recommendation:

1. Description:

1.1 This is a full application to construct two two-storey houses on a plot of land within the development boundary of Llanrug and which has been earmarked for residential development in the Gwynedd Unitary Development Plan (GUDP), in addition, a Development Brief (November 2009) has been prepared for the site. The proposal will also mean locating two garages at the rear of the houses and the new access to the adjacent class III county road would be shared between the occupants of the two houses. To the front of the site, the two proposed houses would have a front curtilage which would include a hard surface and a garden.

1.2 The house on plot 1 will include a lounge, living room, shower / utility room and a kitchen on the ground floor and four bedrooms (one of which has its use noted as a bedroom / office) and a bathroom on the first floor. It is proposed to install a natural slate roof, walls of natural stone facing and painted render with uPVC windows and doors. The house on plot 2 will include a lounge, living room, kitchen, utility room and a wet room on the ground floor and four bedrooms (one of which has its use noted as a bedroom / office) and a bathroom on the first floor. The exterior materials will match the fabrication of the house on plot 1.The internal area of the house on plot 1 will be 181.15m2 and the internal area of the house on plot 2 will be 175.56m2 excluding the two garages which have a floor area of 36m2 each.

1.3 This site forms part of a larger site which has been earmarked for 12 houses in the Gwynedd Unitary Development Plan. According to the requirements of the Development Brief which has been prepared specifically for the site, it will be a requirement to develop this site in its entirety for a density of 30 units per hectare and this equates to constructing six residential units on the site which is the subject of this application. The six other units have received permission on the remainder of the already earmarked site, two of which are affordable.

1.4 In accordance with the requirements of Technical Advice Note 12 on “Design” (June, 2009) a design and access statement was submitted with the application. Also submitted was a pre-assessment report demonstrating that level 3 could achieve with over 60 points of the Welsh Government’s code for sustainable homes 1.5 As part of the planning application pack a planning statement was submitted supporting the application on the grounds of relevant local and national policies. Briefly, the statement notes:-

(i) Approving this application for two substantial houses would contribute towards a mixture of housing for local people on this site, along with the adjacent site which has already received permission for six houses which are smaller in size (including two affordable houses). (ii) This proposal would not have an adverse impact or undermine the GUDP strategy as a considerable number of new houses (most of them small houses and affordable houses), have already been provided by the development of undesignated sites (sites which become available at random, e.g. the site of the former Ysgol Glanmoelyn) and on sites which have been designated such as Parc Isaf and Pencae. Thus far, a total of 52 houses have been completed during the period of the GUDP (2001-2016). (iii) In addition to the figure above, there are several unexpected or random sites in the village including a site for 10 two bedroom houses on the site of Cae’r Eglwys in the centre of the village but is yet to be commenced. (iv) The proposal to reduce the number of houses on this site from six to two will not undermine the five year land supply for housing. Based on a recently published study, the loss of four houses would not reduce the supply below that of five years. Apart from this, the loss of four houses would not be material, considering the total number of units needed within the five years, namely 2,200 residential units. At worst the application if approved would mean a reduction in the supply of 0.2% only. (v) The number of houses for sale in the village is comparatively low compared with the size of the village. (vi) Approving the application would mean supporting sustainable communities along with improving the choice of different types of houses in the village for the local population.

2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009:

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

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

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

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

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

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

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

POLICY CH2 – LAND SUPPLY FOR HOUSING Ensure through the monitoring and reviewing processes of the Plan that there is at least a five year genuine supply of land available for housing in the area of the Plan.

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

POLICY CH18 – AVAILABILITY OF INFRASTRUCTURE Development proposals will be refused if there is no adequate provision of necessary infrastructure for the development, unless they can conform to one of two specific criteria which require that appropriate arrangements are made to ensure adequate provision, or that the development is carried out in phases in order to conform to any proposed scheme for the provision of infrastructure.

POLICY CH29 – SAFEGUARDING AND IMPROVING LINKS FOR PEDESTRIANS Proposals within Centres and Villages will be refused unless they provide safe, attractive and direct footpaths for pedestrians across and out of the site where there is a clear opportunity to make such a provision. POLICY CH30 – ACCESS FOR ALL Proposals for residential/business/commercial units or buildings/facilities for public use will be refused unless it can be shown that full consideration has been given to the provision of appropriate access for the widest possible range of individuals.

POLICY CH31 – PROVIDING FOR CYCLISTS Development proposals that do not provide specific facilities for cycling where there are obvious opportunities for doing so will be refused.

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

POLICY CH36 – PRIVATE CAR PARKING FACILITIES Proposals for new developments, extensions to existing developments or change of use will be refused unless off-street parking is provided in accordance with the Council’s current parking guidelines, and having given due consideration to the accessibility of public transport, the possibility of walking or cycling from the site and the proximity of the site to a public car park.

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

Gwynedd Design Guidelines (April 2003).

Supplementary Planning Guidance (SPG): Affordable Housing (November, 2009).

SPG: Planning Obligations (November, 2009).

SPG: Housing Developments and Open Spaces of Recreational Value (November 2009).

SPG: Development Briefs (November, 2009)

2.3 National Policies:

Technical Advice Note (TAN) 2 “Planning and Affordable Homes” (June, 2006).

TAN 12 on ‘Design’ (June 2009).

Planning Policy Wales (November 2012), Chapter 3 on “Making and Enforcing Planning Decisions” and Chapter 4 on “Planning for Sustainability” and Chapter 9 on “Housing”.

3. Relevant Planning History:

3.1 There is no formal planning history relating to this particular site although a pre- application enquiry was made (under reference number Y13/001418) by the applicant's agent regarding the principle of building two houses on this site rather than building six houses on it. Concern was expressed by officers on the grounds that such an application would undermine local and national policies and advice. 3.2 Relevant to this application is an application approved in September 2013 under reference number C13/0732/23/MG for reserved matters to construct six houses including two affordable houses on a site adjacent to the application site and which forms part of the same allocation for 12 houses.

4. Consultations:

Community/Town Council: Glad to see local people building within the boundaries of the village – no objection but eager to express that a pavement should be constructed outside the site after completing the development.

Transportation Unit: No objection but, with relevant conditions.

Natural Resources Wales: No observations

Welsh Water: Conditions relating to the disposal of surface and foul water from the site.

Public Protection Unit: No observations Public Consultation: A notice was posted on site and neighbouring residents were notified. The advertising period ended on 08.08.13 and a letter of objection was received on the following grounds:

 Road safety – no provision has been made for pedestrians along the narrow adjacent road where vehicles drive past at speed. There is no pavement on the part of the road adjacent to the site.  The proposed houses, because of their design, materials, size and prominent location will have a substantial detrimental effect on the visual amenities of the area - contrary to the requirements of the Development Brief.  Loss of privacy – as a consequence of the height of the houses on elevated ground, the first floor rooms will have views directly into the neighbouring houses, including Treflan, Argraig, Pant y Celyn and Erw Gain.  It is possible that parts of both houses will be used as commercial offices.

Four letters were received supporting the application on the following grounds:

 Larger houses with gardens are needed for professional young people and local families.  Constructing two houses here would be more in keeping with the street scene than constructing an estate of houses.  Too many affordable housing were being built in the village for housing associations.  The proposal will create a variety of houses in the village and provide an opportunity for people to move up the property ladder.

5. Assessment of the material planning considerations:

Principle of the development

5.1 The starting point in the context of assessing the principle of the proposed development is the GUDP and it can be seen from the above assessment that the site forms approximately 50% of a larger site which has been designated for housing in the Unitary Development Plan. Using the general density (30 houses per hectare), the GUDP predicts that the whole site could cope with 12 residential units and, therefore, the GUDP would be looking for six residential units on this site. Planning permission has already been approved for six houses in the northern part of the land which has been designated for housing and known as Parc Isaf.

5.2 Policy CH1, CH2 and CH6 of the Plan promotes housing development and deals with: Type and size – the applicant intends to provide two large detached houses only on the site in question which equates to a building density of approximately 10 units per hectare and as referred to in paragraph 5.1 above, the GUDP applies a building density of 30 units per hectare and it is obvious from the applicant’s proposal that this density is far lower than that required by the GUDP. Planning Policy Wales, Chapter 9 “Housing”, encourages developments which make the most effective use of resources including land with high densities where appropriate on sites that are accessible to people.

The housing designations in the GUDP are located in accessible areas in the villages and towns and careful and detailed consideration should be given to a proposal to apply very low density building compared with the building density referred to in the GUDP, especially when there are no physical or amenity reasons or other restrictions on the site to justify this. To this end, it is not believed that sufficiently strong evidence has been received with the application to justify such a low density on a site which has been designated specifically for six houses where no physical or amenity reasons or other restrictions for development have been identified on the site.

The planning statement states that providing four fewer houses than expected on the site would not have a detrimental effect on the GUDP housing strategy because several houses have received planning permission or have been built in the village since the GUDP was adopted (most of these on random sites). It must be borne in mind that the GUDP expects the level of growth in housing (4,178) which was identified for the area of the Plan as a whole, to be supplied by a combination of types of sites: (i) those with extant planning permission in 2001; (ii) random developments on sites and by adapting buildings and (iii) land designations for housing.

With reference to the effect of reducing the number of houses on this site, the requirements of Policy CH2 of the GUDP must be considered, along with national policies and guidelines (e.g. Planning Policy Wales, Chapter 9 “Housing”) which state that the Council must ensure that there must be a permanent supply for at least five years of land which is actually available for housing in the area of the GUDP. In 2012, the Council published a study regarding monitoring the availability of land for housing and this study showed that the supply was a little under five years, i.e. Gwynedd does not have a full five years' supply of land for housing. Although only a few under the target are available in Gwynedd, approving low density developments (as has happened recently on a number of sites which have been designated on the basis of factors such as infrastructure and additional costs), as in this case, without physical or amenity reasons could contribute towards keeping the figure under five years or could contribute towards an additional reduction in the supply of land which is actually available for housing.

Affordability – Policy CH6 of the GUDP promotes the provision of affordable housing on designated sites for housing in the GUDP and as included in the SPG: Development Briefs (November, 2009). In this specific case, a target of 30% of the total houses on both sites must be affordable which is equal to 4 of the 12 houses being affordable housing. Two affordable houses have already been approved on the Parc Isaf site in September 2013. However, the current application does not include any affordable housing as part of the proposal on the grounds that the planning statement submitted with the application suggests that a sufficient supply of affordable housing has been provided in the village.

Policy CH6 expects that designated sites in the GUDP include a percentage of affordable houses unless there is appropriate evidence which indicates otherwise. This aim of the Policy is supported by TAN 2 “Planning and Affordable Housing”. The applicant has not proved that circumstances have changed since the GUDP was adopted so that there is no longer a need for affordable housing. The latest Housing Market Study shows the need for 828 affordable houses every year to remove the backlog which therefore confirms that the affordability of houses continues to be a matter to be addressed in the GUDP area, especially in Llanrug where affordability continues to be a problem there. This is supported on the basis of house prices compared with the median income of the local population, i.e. the supply of affordable houses is insufficient to satisfy the housing needs of Llanrug.

The applicant has not submitted evidence to show that providing affordable housing on the site would affect the viability of the development and it appears that the applicant’s aspiration and wish is to provide housing for members of his family rather than releasing the houses on the open market. There is no local policy basis to control the occupancy of houses for specific / local people unless they are affordable housing for local need which is the subject of a legal agreement under Section 106. It must also be emphasised that personal circumstances are not material planning considerations (Planning Policy Wales, Chapter 3 “Making and Enforcing Planning Decisions”) and such a reason for submitting the application cannot justify undermining relevant national and local policies and plans.

Therefore, the proposal is contrary to the requirements of Policy CH1, CH2 and CH6 of the GUDP along with the advice included in the SPG: Development Briefs (November, 2009), SPG: Affordable Housing (November 2009) and Chapter 4 “Planning for Sustainability” and Chapter 9 “Housing” of Planning Policy Wales.

Visual amenities

5.3 The site is located adjacent to established residential houses which are of various designs and scales. The design of the proposed houses is modern and will use traditional materials such as natural slate and rough plaster for the walls. It is considered that the proposal will not have a negative impact on the street scene or the neighbourhood on the grounds of visual amenities. It is therefore considered that the proposal is acceptable in terms of the requirements of Policies B22, B23, B25 and CH1 of the GLDP.

General and residential amenities

5.4 A letter was received objecting to the application (from the occupants of the dwelling known as “Y Dreflan” which is located adjacent to the application site), on the grounds of several concerns including the loss of privacy. Y Dreflan is located approximately 26m away from the front of the house on plot 2, with a county road separating them. The house on plot 2 has several clear glass windows facing the property of the objectors which include the kitchen and lounge on the ground floor and a bedroom window and stairs on the first floor (the other windows in the front of the property have opaque glass). Taking into consideration the number of windows, along with the distance between the proposed houses and the houses on the opposite side of the county road, it is believed that there would be no significant overlooking or loss of privacy as a result of this development. It is therefore considered that the proposal is acceptable in relation to the requirements of Policy B23 of the GUDP.

Transport and access matters

5.6 It is not considered that there is an objection to the proposal on highway grounds and following consultation with the Highways Unit, it is considered that the proposal is acceptable and in accordance with Policies CH33 and CH36 subject to relevant conditions. Sustainability matters

5.7. A pre-assessment level 3 code report was submitted with the application which states that the relevant targets of the Welsh Government could be achieved regarding sustainable homes and, therefore, it is considered that the application is in accordance with Policy C7.

Community benefit / 106 Agreement issues

5.8. As the proposal is for two open market houses rather than for four open market houses and two affordable houses as designated in the GUDP and SPG: Development Briefs, the above is not relevant.

6. Conclusions:

Taking the above assessment into consideration and the fact that the site has been designated specifically for housing, it is not considered that the proposal as submitted is acceptable on the grounds of:-  The number of houses forming part of the application;  No affordable housing being offered as part of the application;  The proposal is contrary to the requirements of relevant local and national policies and advice along with the SPG: Development Brief for the site.

7. Recommendation:

To refuse – reasons:-

1. The proposal is contrary to the requirements of Policy CH1 and CH6 of the GUDP, Supplementary Planning Guidance: Development Briefs (2009) and TAN 2 “Planning and Affordable Dwellings” because the proposal does not include an element of affordable dwellings for local need and the applicant has been unable to prove beyond doubt that circumstances have changed so that the requirement for affordable dwellings in Llanrug no longer exists.

2. The proposal is contrary to the requirements of Policy CH1 of the GUDP, Supplementary Planning Guidance: Development Briefs (2009) and Planning Policy Wales, Chapter 9 on “Housing” as the development does not propose to build at a density of 30 houses per hectare on this designated site and it is not considered that building two houses on a site designated for six houses makes the most efficient use of resources particularly when no physical or environmental justification has been submitted to justify why this site will not be developed in accordance with the relevant SPG: Development Brief.

Number: 6 Application Number: C13/0758/42/LL Date Registered: 25/07/2013 Application Type: Full - Planning Community: Nefyn Ward: Morfa Nefyn

Proposal: CREATE A SITE FOR 16 TOURING CARAVANS INCLUDING HARD STANDINGS Location: TU HWNT I'R FFRWD, LÔN UCHAF, MORFA NEFYN, GWYNEDD, LL53 8UP

Summary of the TO REFUSE Recommendation:

1. Description:

1.1 The application was deferred at the Planning Committee on 14 October 2013 as the assessment did not refer to the appropriate policies.

1.2 This is an application for siting 16 touring caravans, laying down hard standings for the touring caravans and providing a track around the field, which would form an extension to the existing caravan park. The proposal to hand also includes an element of additional landscaping to reinforce existing hedges, and it is intended to use ‘bodpave’ which lets grass grow through it as hard standings beneath the units. The field in question is adjacent to a field that was granted planning permission under number C12/0862/42/LL for 14 touring units. The toilet block which formed part of that application has already been started, but the caravan use has not yet been operated. The field in question is approximately 50m from the second class county road, namely the B4412 to Morfa Nefyn.

1.3 Planning permission was also granted in February this year, under number C12/1564/42/LL, for installing 11 touring units and hard standings on another field that is within the same holding, which is the field below an existing agricultural shed. The 16 caravans included in that application would therefore be in addition to the 25 caravans that have already been permitted on the unit.

1.4 The site is two fields, or approximately 260m, away from an area that has been designated a Landscape Conservation Area, and is also within 230m of the Cors Geirch Site of Special Scientific Interest (SSSI). A public footpath runs alongside the access road to the site.

1.5 The application is submitted to the Committee as it involves a development of five or more caravans.

2. Relevant Policies: 2.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that planning decisions should be in accordance with the Development Plan, unless material planning considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.

2.2 Gwynedd Unitary Development Plan 2009: POLICY B10 – PROTECT AND ENHANCE LANDSCAPE CONSERVATION AREAS Protect and enhance Landscape Conservation Areas by ensuring that proposals conform to a series of criteria aimed at avoiding significant harm to recognised features.

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

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

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

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

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

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

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

Supplementary Planning Guidance, Gwynedd Council: Holiday Accommodation (July 2011)

2.3 NationalPolicies: Planning Policy Wales (Fifth edition) November 2012 Technical Advice Note 13 – Tourism Technical Advice Note 18 – Transport 3. Relevant Planning History: C12/1564/42/LL – Change of use to create a site for 11 additional touring caravans including hard standings: Approved 11 February 2013.

C12/0862/42/LL – Establish a new site for 14 touring caravans, construction of toilet block, changes to the access and creation of a new access track (Amended application to that of C11/0576/42/LL): Approved 5 September 2012.

C11/0576/42/LL – Application to establish a new site for 13 touring caravans, construction of toilet block, changes to the access and creation of a new access track: Approved 22 December 2011.

C10D/0112/42/LL – Application to establish a site for 33 touring caravans, 33 hard standings, construction of a toilet block, track and improvements to the existing access. Refused May 2010 on grounds of visual amenities.

C09D/0270/42/LL – Establish a site for 33 touring caravans, 33 hard standings, construction of toilet block, track and improvements to the existing access. The application was withdrawn in September 2009 to give the applicant an opportunity to prepare a landscaping scheme and to plant trees.

4. Consultations:

Community/Town Council: No objection.

Transportation Unit: No objection to the proposal – the improvements to the entrance and the access road to the site have already been granted permission and it is deemed that these are sufficient to accommodate increased traffic in relation to this application.

Senior Rights of Way Officer, The Countryside and Access Department is keen to ensure that public Dwyfor: footpath no. 13 Nefyn is protected during and after this development.

Public Protection Unit: Not received.

Welsh Water: No objection.

Fire and Rescue Service: No observations.

Public Consultation: A notice was posted on the site and nearby residents were informed. The consultation period ended on 30 August 2013 and one letter was received in support of the application.

5. Assessment of the material planning considerations: 5.1 The main considerations in the case of the current application are the principle of extending an existing touring caravan park, its impact on the area’s visual amenities and road considerations.

5.2 The principle of the development Policy D20 of the GUDP approves proposals to increase the number of pitches on existing touring caravan sites by means of an extension provided the proposal forms part of a plan that will secure environmental and visual improvements in terms of the location, layout, design and appearance of the site, and its position in the surrounding landscape. Furthermore, it is a requirement that the proposed development will not exceed the reasonable capacity of the immediate locality to accommodate such a development, taking into account the accumulative impact of existing touring caravan sites.

5.3 The application to hand is an extension to a site that has extant permission for 11 touring units below the agricultural shed and 14 touring units on the field that is adjacent to the application site. It is intended to extend over to the adjacent field and provide 16 additional pitches, install ‘bodpave’ areas beneath the units and create a hard surface track of slate waste around the field. The field in question is located approximately 50m from the B4412 county road between the Bryncynan roundabout and Morfa Nefyn and is relatively flat and open in nature. The proposal will share the same facilities as those that have already been authorised.

5.4 It appears that a ‘clawdd’ was recently erected and soft planting has been undertaken, however, the landscaping is not established to a degree that would screen a development of 16 caravans, and there are many open gaps on the boundaries. The application notes that it is intended to undertake further landscaping, to reinforce the existing boundaries. This would take some time to establish and even then, it will be unlikely to integrate or conceal the proposal. Apart from the additional landscaping noted in the plan, the proposal does not note any environmental or visual improvements in terms of location, layout, design and appearance which would improve the site in its entirety.

It is believed that the development, due to its scale and its flat and unconcealed location, would be visible from the B4412 county road and would be obtrusive in the landscape. Such a development, in this location, would not integrate with the landscape or contribute positively to the area’s visual amenities. It must be noted that the site is relatively close to a Landscape Conservation Area designation, and views of the proposal would certainly be visible from the designation.

5.5 The Supplementary Planning Guidance: Holiday Accommodation, Gwynedd Council (2011) states that the aim of policy D20 is to encourage developments that will lead to visual improvements and upgrading existing sites, and NOT promote an increase in the size of a business in terms of the number and size of units on the site. It elaborates that applicants will need to be able to demonstrate, to the satisfaction of the Local Planning Authority, that the proposal is essentially a scheme to make visual, environmental, ecological or economic improvements. In the LPA’s opinion, the proposal to hand does not satisfy this requirement.

5.6 It must be remembered that planning permission has already been granted for touring caravan developments on the site, with one field for 14 units and another for 11 units, thus permitting a total of 25 units on the site. It could be argued that the additional 16 units on the holding would be an overdevelopment of this site. It must also be questioned whether there is real justification to extend the site, permitting more caravans on a site where the use has not yet commenced. Whilst there are concerns regarding the site being overdeveloped, it is not considered that there would be a significant cumulative effect as there aren’t many existing sites in the close vicinity.

5.7 In relation to the proximity of the site to the roads network, access to the field is approximately 90 metres from the second class county road. It is proposed to undertake work to improve the access which has already received permission in the previous applications, and the changes are not likely to cause any significant harm to the character or features of the landscape. A suitable vehicular track leads from the access and down to the application site.

5.8 The proposal does not comply with the main principles of policy D20 of the GUDP in the sense that the extension of 16 caravans, which would be over double the numbers that have been permitted in the adjacent field, does not form part of a scheme to improve the site in its entirety.

5.9 General and residential amenities With the exception of the Bryncynan Inn, there are no residents near this field; therefore there is no significant concern that the proposal would have an impact on the amenities of nearby residents in this case. The proposal is not contrary to policy B23. Nevertheless, there are concerns regarding the impact of the proposal on the area’s visual amenities, which have been already discussed.

5.10 Transport and access matters Improvements to the vehicular entrance were authorised by previous applications for a caravan site and the work involves widening the entrance to 5.5 metres beside the county road. Although the applicant has not yet undertaken the changes, planning conditions have been imposed on permission C12/0862/42/LL stipulating that the improvements are implemented prior to using the site for caravans. On grounds of previous discussions and details, the Highways Unit do not object to the proposal and they are satisfied that the improvements agreed by previous applications are suitable and sufficient for the proposed additional numbers. Therefore, the proposal complies with the requirements of policy CH33 relating to road safety. It is not considered that the proposal would affect the public footpath which runs parallel to the holding’s vehicular track.

5.11 Relevant planning history There is extant permission for 25 touring units on the holding, and although the work of erecting the toilet block has begun, the caravan use has not yet been implemented. Generally, the locations of the previous applications were on fields that are less prominent and less open than the field in question, where there is established landscaping and where the units can be integrated into the landscape in an acceptable manner. Every application must be considered on its own merits, and in this case it is considered that the proposed extension is unsuitable and obtrusive in the landscape, and does not offer improvements that would be positive for the environment or the visual amenities of the area. It is noted that the committee report for the previous application, C12/1564/42/LL, stated that it would not be appropriate to extend the site that had already been approved due to the more open nature of the landscape. 6. Conclusions:

6.1 It is considered that extending the site, due to its location and scale, would be obtrusive in the landscape and would lead to an unacceptable harmful effect on the area’s visual amenities which is located very close to a Landscape Conservation Area designation. Whilst it is noted that there are no concerns based on highways or local amenities, the main principles of policy D20 are not met, as the proposal does not form part of a scheme that would lead to environmental and visual improvements in respect of the location, layout, design and appearance of the site in the landscape. The proposal is therefore contrary to policy D20 of the GUDP and the SPG: Holiday Accommodation.

7. Recommendation:

7.1 To refuse - The proposed extension to the caravan site, due to its location, scale, layout and appearance in the landscape, would create a prominent and obtrusive feature in open countryside and would have a detrimental impact on the landscape and visual amenities of the area. The development is therefore contrary to policy D20 of the Gwynedd Unitary Development Plan and the SPG: Holiday Accommodation.

Number: 7 Application Number: C13/0770/00/LL Date Registered: 13/09/2013 Application Type: Full - Planning Community: Barmouth Ward: Barmouth

Proposal: INSTALLATION OF PLAYGROUND EQUIPMENT, RUBBER MATTING AND FENCE. Location: MEMORIAL PARK TENNIS COURTS, PARK ROAD, BARMOUTH, GWYNEDD, LL42 1PL

Summary of the TO DELEGATE POWERS TO APPROVE Recommendation:

1. Description:

1.1 The proposal involves installing a synthetic surface to a playing field, installing new playground equipment and erection of a fence within the existing park and tennis court which is already surrounded by a high fence. The playground equipment would include a stainless steel climbing frame and various outdoor fitness equipment of painted steel material.

1.2 The development would be on the existing tarmac yard site and the new surface would be of a green synthetic material and the surrounding fence and steel posts would be of the weldmesh type approximately three metres high. The climbing equipment would extend to 4.2m from ground level and would have a red coloured finish and the fitness equipment would extend to a height of no more than 1.6m.

1.3 The site is located on the existing tennis court site which is in close proximity to club buildings and bowling green, a park for children and the Barmouth town memorial garden. The site has been designated as a protected play area as shown on the proposals map of the Gwynedd Unitary Development Plan (GUDP). There is a residential area with gardens to the north, east and south and to the west there is a mixture of houses, a commercial yard and the Cambrian railway.

2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009: Policy 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. Policy B23 – 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 – Safeguarding the visual character by ensuring that building materials must be of high quality that are in-keeping with the character and appearance of the local area.

Policy CH42 – Safeguarding Open Spaces of Recreational Value – Proposals that will lead to the loss of existing open spaces of recreational value will be refused unless a series of criteria can be satisfied in relation to the need for the facilities, offering a similar provision, best way of ensuring the future of the facility, improving the range and quality of the current provision and the importance in terms of biodiversity, the quality of the landscape and amenities.

Policy CH44 – Proposals for the provision of new sports and/or leisure facilities, or for improving existing facilities to meet the needs of the local community will be approved provided they meet with all the criteria relevant to the location of the development, the possibility of meeting the need through dual use or through adapting the existing buildings, and the scale and nature of the development.

2.3 NationalPolicies:

Planning Policy Wales (Fifth edition, November 2012) Technical Advice Note 16: Sports, Leisure and Open Spaces (2009)

3. Relevant Planning History:

3.1 The site has no recent relevant planning history.

4. Consultations:

Town Council: No objection

Public Consultation: A notice was posted on the site and nearby residents were informed. The advertising period ended on 4 October 2013 and no correspondence was received on the application.

5. Assessment of the material planning considerations:

Principle of the development 5.1 Policy CH44 is supportive of providing new sports and/or leisure facilities or improving existing facilities in order to meet the needs of the local community if the criteria within the policy are complied with. It appears from the design and access statement that these new playing facilities are needed to regenerate the area and to provide the children and young people of the town with an opportunity to have modern facilities in a safe environment within walking distance of their homes. At the moment the provision has fallen into disrepair. In respect of criterion 1 of policy CH44, it is considered that the site is appropriate for the proposal as it is within the built form of the town and within the boundaries of the existing park. Also, from the perspective of criterion 2, there is no similar outdoor resource available in the town and the leisure provision would satisfy local need and, therefore, it is considered that the principle complies with policy CH44 of the GUDP. Visual, general and residential amenities 5.2 The site is prominent and visible in a residential area and currently it is a play area and tennis court. It is not considered that the proposal to renew the surface of the court, the equipment and the fence would be likely to have a substantial detrimental effect on the visual amenities of the area. An all-weather surface could lead to increasing the use of the site and consequently it would lead to an increase in the impact on the amenities of nearby residents. However, considering that the use is no different it is likely that any additional impact would be negligible as a consequence of the all-weather surface and new equipment and this would be unlikely to have any detrimental effect on the amenities of the locality. It is considered that the proposal to renew the boundary fence offers an opportunity to manage the use of the site by installing locks on the gates to control the time it is used if required. Consequently, it is not considered that the proposal is contrary to policy B23 of the GUDP.

5.3 Criterion 3 involves how the proposal fits in with the character, appearance and layout of the settlement. The synthetic surface and the climbing frame and fitness equipment would be installed within the existing boundary of the park which is used for holding outdoor sports activities. The fence and the synthetic surface would be green in colour and the red climbing frame would be on a silver coloured frame. Therefore, it is considered that the proposal is acceptable in respect of criterion 3 of policy CH44 of the GUDP and is also acceptable in respect of Policies B22, B23 and B25 of the GUDP.

6. Conclusions: 6.1 This site is located within an existing protected playing park and within the development boundary of Barmouth. It is considered that the principle of renewing the boundary fence, resurfacing the tennis court and installing play / fitness equipment for the park are acceptable. Having considered all the aforementioned matters and having considered all the material planning considerations, it is believed that the proposal is acceptable in terms of local and national policies and there is no other relevant matter that states otherwise.

7. Recommendation:

To approve: Conditions - 1. time 2. comply with plans 3. materials / colour

Number: 8 Application Number: C13/0822/17/LL Date Registered: 23/08/2013 Application Type: Full - Planning Community: Llandwrog Ward: Groeslon

Proposal: DEMOLISH THE EXISTING CONTROL TOWER, ERECT A NEW CONTROL TOWER, ALTERATIONS TO THE EXISTING CAR PARK AND CONSTRUCTION OF A NEW VEHICULAR ACCESS Location: AIR CAERNARFON LTD, CAERNARFON AIRPORT, LLANWNDA, CAERNARFON, LL54 5TP

Summary of the Recommendation: TO APPROVE SUBJECT TO CONDITIONS

1. Description:

1.1 The proposal involves demolishing the existing airport control tower and constructing a new control tower to replace it. The new building would have four storeys, with a height of 16.1m. The height of the existing three floors is 8m, and its footprint will be substantially larger, increasing from approximately 108m2 to 250m2 (from 250m2 to 582m2 of internal floor surface area).

1.2 The proposed building will have three main areas:  A single storey element to house the fire engines  A three storey section to will include the reception, departure lounge and offices  A control tower on the fourth floor surrounded by glass windows to ensure the best visibility

1.3 The application also requests an increase in the number of parking spaces from 40 to 122 by re-designing and formalising the existing car park. This will include creating a new access to the site, between the two existing accesses.

1.4 The site is located within a C2 flood zone and a Flood Risk Assessment has been submitted with the application, along with a Design and Access Statement.

2.2 Gwynedd Unitary Development Plan 2009:

POLICY B7 – SITES OF ARCHAEOLOGICAL IMPORTANCE Proposals that will damage or destroy archaeological remains which are not of national importance will be permitted only if the need for the development overrides the significance of the archaeological remains.

POLICY B8 – THE LLŶN AND ANGLESEY AREAS OF OUTSTANDING NATURAL BEAUTY (AONB) To safeguard, maintain and enhance the character of Areas of Outstanding Natural Beauty. Development proposals that would cause significant harm to the landscape will be refused.

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

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

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

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

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

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

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

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

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

POLICY CH33 – SAFETY ON ROADS AND STREETS Development proposals will be approved provided they can conform to specific criteria relating to the vehicular entrance, the standard of the existing roads network and traffic calming measures. 2.3 National Policies:

Planning Policy Wales – Fifth Edition (November 2012) Chapter 4 Planning for Sustainability Chapter 6 Protecting the Historic Environment Chapter 8 Transport Chapter 12 Infrastructure and Services Chapter 13 Minimising and Managing Environmental Risks and Pollution

Technical Advice Note 12: Design Technical Advice Note 18: Transport Technical Advice Note 15: Development and Flood Risk Technical Advice Note 22: Planning for sustainable buildings Welsh Office Circular 60/96: Planning and the Historic Environment: Archaeology

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

3. Relevant Planning History:

C13/0796/17/LL – Erection of a new hangar including ancillary accommodation, new vehicular access and car park and ancillary exterior works. Under consideration.

C12/1481/17/AM – Application for outline permission for the erection of a new hangar to include ancillary accommodation, two new entrance points and ancillary work. Withdrawn 14/02/13.

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

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

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

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

C07A/0411/17/LL – convert and adapt a former fire station to create self-serviced accommodation for airport students. Approved with conditions 5/10/07.

C06A/0007/17/LL – new hangar. Approved with conditions 9/3/06.

4. Consultations:

Community/Town Council: No objection Transportation Unit: No objection - comments and conditions Natural Resources Wales: Observations Biodiversity: Initial objection, but further information provided by the applicant - objection withdrawn. Risk of flooding: Object to the original plans; the plans have been amended to overcome the concerns by raising the floor level in accordance with NRW’s suggestions – awaiting NRW’s response to the new plans. Waste and Pollution Control: Recommend producing a Site Waste Management Plan prior to commencing the work

Welsh Water: No response Biodiversity Unit: No observations to submit Isle of Anglesey County No response Council: Archaeological Trust: The tower is one of the only Technical Site structures still in existence since the use of the airfield in the 1940s. It is a significant element of the wartime infrastructure which has survived in Llandwrog. They suggest archaeological mitigation conditions.

Public Protection Unit: Recommend Contaminated Land conditions. Public Consultation: A notice was posted on site and in the press, and nearby residents were informed. The advertising period ended on 26/09/2013. No objections from the public were received.

5. Assessment of the material planning considerations:

Principle of the development

5.1 Policy C1 relates to ‘Locating New Development’ stating that ‘land within development boundaries...will be the main focus for new developments. New buildings, structures and ancillary facilities in the countryside will be refused with the exception of a development that is permitted by another policy of the Plan.

5.2 To this end, policy CH27 specifically relates to Caernarfon Airfield and approves proposals to improve existing facilities for Airfield users provided they conform to the relevant criteria. These criteria involve the scale and design of the proposal; making use of unused buildings when it is practical; no significant harm to the landscape, coast or biodiversity; no significant harm to the amenities of nearby residents; and is acceptable in terms of parking and highway considerations.

5.3 Due to its scale, design and condition, the existing building is not fit for the intended purpose, and therefore constructing a new building is the only practical option to ensure these services. The impact on other policy matters is assessed below.

Visual amenities

5.4 The building would be very sizeable and would reflect the size of the other buildings that are on the site in terms of scale, design and materials. Policy B22 ‘Building Design’ requests the proposal to respect the site and its surroundings in terms of scale, size, form etc.; and for it not to have an unacceptable detrimental impact on the form and character of the surrounding landscape or on prominent public vistas that surround the area.

5.5 It is considered that the proposal would fit in comfortably with the other airfield buildings, and that its modern design would, in fact, be an improvement on the existing building which is in a poor condition, and which has a detrimental impact on the site’s visual amenities. The new tower would not have an unacceptable detrimental impact on the form and character of the landscape or on prominent public vistas as these have already been affected to all intents and that the proposal would not worsen the situation that already exists. 5.6 It is not considered that the development would have a negative impact on the view of Anglesey AONB as the character of the site from distant vistas will not change significantly, and the site is approximately 3km from the boundary of the AONB. It is therefore considered that the proposal is acceptable in respect of Policy B8.

5.7 For the above reasons, it is considered that the proposal is acceptable in respect of Policies B22, B25 and CH27 of the Plan. It would not be appropriate to request a landscaping scheme (Policy B27) for this site due to the scale and nature of the proposal and the nature of the site which would mean that a landscaping plan is not likely to contribute anything in terms of alleviating the impact of the proposal and that a landscaping plan is not likely either to be a success in such an open area near the coast.

General and residential amenities

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

Transport and access matters

5.9 Policy CH33 approves proposals that can provide a vehicular access to the site that is in keeping with the local area. Although the site has existing accesses, the proposal would require an independent access and from this perspective the plan is considered acceptable. In addition, the policy states that the current road network should be of sufficient standard to be able to deal with the traffic flow that is likely to result from the new development. The service already exists on the site and there is some current traffic associated with this usage. It is not considered that increasing the existing use of the site would create problems in terms of the local highway network as it is considered that they would be able to cope with the increased traffic that would be associated with this proposal.

Biodiversity Matters

5.10 As the vast majority of this proposal is located on land that has already been developed and is a part of the existing airport, it is not considered that the development would lead to a significant loss of grassland of high value to biodiversity. In addition, it is not considered that this loss would be significant to local biodiversity as the site is part of a larger site. The applicants have provided NRW with information about bats which has addressed their concerns on the matter.

Archaeological Matters

5.11 A report was submitted recording the archaeological features of the existing structure with the application; however it is possible that more features may be discovered in the process of demolishing the building and undertaking work on nearby land. As Llandwrog Airfield is of recognised historical value, in order to conform to the requirements of Planning Policy Wales 2012 and the Welsh Office Circular 60/98, it is suggested that an appropriate archaeology mitigation programme is required, including observation by a qualified archaeologist during the demolition process and any work on the surrounding land.

Sustainability matters

5.12 The existing tower is in a poor condition with external walls without insulation and single glazed windows. The new building will be constructed in accordance with current Building Regulations which means that the new building would be far more efficient in terms of heating. Due to the size of the building (less than 1,000m2) a BREEAM assessment is not required.

Relevant planning history

5.13 There is a long planning history to the application site as a whole. Considering the current legal use of the site, the proposal is compatible with the other land uses which are within the Airfield.

5.14 Flooding matters

5.15 A Flood Risk Assessment has been submitted with the application. The site is within a C2 Zone which is recognised by TAN 15 as areas of the flood plain without substantial infrastructure to be protected from floods. The TAN also states that ‘only developments that are less vulnerable to harm should be considered subject to the results of the justification test...’ Following an objection by Natural Resources Wales, the plans were amended to ensure that they conformed to their recommendations regarding building in such areas.

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

5.17 Therefore, it is clear that there is a need to weigh up the site location within a C2 Flood Zone, with a need to locate the new control tower on the site and also to consider the current use of the site as an airport. As a result of the intended amendments to the plan, the risk which already exists on the site would be reduced.

5.18 Due to the site’s location within a C2 flood zone, the observations of Natural Resources Wales are crucial when assessing the application. At the time of writing the report, no response to the amended plan had been received from NRW but, as the plans were changed in accordance with its requirements it is expected that it will now withdraw its objection. Should any response be received before the date of the Committee, they will be submitted as late observations.

5.19 Based on the receipt of favourable observations from NRW, it is considered that the proposal will be acceptable in this location, and that it is acceptable in relation to TAN 15 and Policy B29. It is expected that the situation can be confirmed before the date of the Committee. Any other considerations

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

6. Conclusions:

6.1 Based on the above assessment, and having considered the relevant matters, it is not considered that the proposal is contrary to local and national policies and guidelines noted in the assessment, nor are there any material planning considerations that state otherwise. Based on the above, it is considered that the proposal is acceptable subject to relevant conditions.

7. Recommendation:

To delegate powers to the Senior Planning Manager to approve the application, subject to receiving favourable observations from NRW and conditions in relation to:

1. Five years 2. In accordance with the revised plans received 03/10/2013 3. To agree on external finish and colour 4. Transport conditions 5. Contaminated land conditions 6. Submit a Site Waste Management Plan 7. Archaeology conditions

Number: 9 Application Number: C13/0826/39/LL Date Registered: 08/08/2013 Application Type: Full - Planning Community: Llanengan Ward: Abersoch

Proposal: DEMOLITION OF EXISTING DWELLING AND DETACHED GARAGE AND CONSTRUCTION OF NEW DWELLING WITH ATTACHED GARAGE Location: BLAEN Y WAWR, ABERSOCH, PWLLHELI, LL537LB

Summary of the Recommendation: TO APPROVE SUBJECT TO CONDITIONS

1. Description:

1.1 This is an application to demolish an existing bungalow and garage and replace it with a new two-storey dwelling and garage. The proposal is of a modern design, with a large two-storey section with an arched roof, and to the rear a two-storey and single-storey section with a flat roof and a garage. It is proposed to use a variety of materials, including a green sedum roof, glass, coloured render and other sections will be covered with timber. The floor area of the house will be larger than the existing surface area and the vast majority of the two-storey dwelling will be set further into the plot, although part of the dwelling will continue to be on the footprint of the bungalow. It is a corner plot and the front and side boundaries abut Lôn Engan and a public footpath runs along the front of the plot. A hedge of laylandii creates a dense screen along the front boundary of the plot and hedges and bushes have been dispersed on the side boundary, which means that the plot is relatively enclosed. It is a residential area, located within the development boundary of the village of Abersoch. It is proposed to use the existing access to the county road (class 3) Lôn Engan. The dwelling is located within an Area of Outstanding Natural Beauty.

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

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

2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009:

B8 – THE LLŶN AND ANGLESEY AREAS OF OUTSTANDING NATURAL BEAUTY (AONB) Safeguard, maintain and enhance the character of the Areas of Outstanding Natural Beauty by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features of the site. B20 – SPECIES AND THEIR HABITATS THAT ARE OF INTERNATIONAL AND NATIONAL IMPORTANCE – Refuse proposals which are likely to cause disturbance or unacceptable damage to protected species and their habitats unless they conform to a series of criteria aimed at safeguarding the recognised features of the site.

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

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

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

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

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.

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

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

2.3 National Policies: Planning Policy Wales (Version 5, 2012) Technical Advice Note 12: Design Technical Advice Note 22: Sustainable Buildings

3. Relevant Planning History: 3.1 No recent planning history. 4. Consultations:

Community/Town Council: Approve and include a condition for the roof opposite Derlwyn to be straightened.

Transportation Unit: I refer to the application, and confirm that I have no objection to the proposal. It is proposed to use the existing access and provide parking spaces for four vehicles and a turning space within the curtilage. No objection.

AONB Officer: Blaen y Wawr is a dwelling which dates back to the last century and does not have any special historical and architectural features. The dwelling is located amongst other houses on the outskirts of the village of Abersoch and is surrounded by a large garden. The house is white with a slate roof and appears to be in a good condition. If there is justification for demolishing the existing dwelling there is no objection to erecting a new house on the site. The proposed development is a substantial two-storey building of a modern and different design. It is proposed to incorporate local unusual building materials (sedum roof, aluminium windows, and timber panels). It is not believed the design would be in keeping with its background and environment in the AONB.

Welsh Water: Recommend standard conditions.

Biodiversity: It is unlikely that bats use this building due to its smooth walls and the good condition of the roof. Should bats be found during the work, the work should be stopped immediately and advice sought from Natural Resources Wales.

Public Consultation: A notice was posted on the site and nearby residents were informed. The consultation period ended on 11 September 2013 and seven letters / items of correspondence have been received objecting on the following grounds:  The development is much larger and higher than the existing bungalow.  Appears to be large and oppressive.  The modern design is not in keeping with the traditional houses in the area, has a detrimental impact on the amenities of the area.  Overlooking – impact on privacy and amenities.  They should consider changing it to a single-storey dwelling the same as the existing dwelling and remain in the same location.  Bats have been seen in the area  Should the application be approved – a condition should be imposed that restricts the commencement of building work prior to 10am  The trees along the boundaries should be retained Observations that are not planning considerations  Impact on the views 5. Assessment of the material planning considerations:

5.1 Principle of the development The property in question is in a central location within a residential area in the village of Abersoch and is within the development boundary of the village. There is no specific policy that refers to demolishing and rebuilding houses within the development boundaries of villages, therefore the policy under consideration is Policy CH4 for erecting new houses on undesignated sites within the development boundaries of local centres and villages. As there is an existing open market house on the site, it is not reasonable to request that the new house be an affordable dwelling, and as this is a development for one house, the house would not be required to be for local affordable need on the grounds of policy CH4. Similarly, as this site is within a development boundary it is not necessary to prove that it is not possible to repair, convert or extend the existing building. Therefore, it can be considered that replacing the house with a new house within the development boundary of the village is acceptable under policy CH4 of the Gwynedd Unitary Development Plan.

5.2 Visual amenities A bungalow with a low hip roof currently stands on the site with a large garden to the front and side. The building has been painted white and has been pushed back close to the rear boundary of the property. It is not considered that the existing bungalow is of special architectural value and does not make a substantial contribution to the visual amenities of the area. The proposed two-storey house is of a modern design and is very different in terms of scale and design. Although part of the proposal lies on the footprint of the existing bungalow, the two-storey section of the building has been pushed further into the plot which is on a slightly lower level than the existing house. The main section has a green arched sedum roof and the walls are a mixture of coloured render and timber and the front includes balconies and large glass openings. There is also a section with a flat-roof to the rear which links to the single-storey section where the garage and a bedroom will be.

5.3 Some objectors express concern regarding the modern design of the building and the fact that it is not in keeping with the traditional buildings in the area. It is not considered that there is a typical character to the houses in the area, in reality there is a variety of bungalows, dormer bungalows, two-storey houses and a row of terraced houses of different styles, scales, densities and periods close to the site. Concerns were also expressed regarding the scale of the proposal, which is changing from a bungalow to a two-storey house with an evident change in the floor area. It is agreed that the proposed house is larger and is considerably different to the existing dwelling, however it is not considered that the scale of the proposal is unreasonable nor is it an overdevelopment of the site, given that the plot itself is large and the vast majority of the house has been pushed further into the plot. In response to the objections the agent states that the scale and size of the proposal is in proportion with the other properties in the area.

5.4 The boundaries of the plot which abut Lôn Engan have been landscaped with a dense and high hedge of laylandii to the front and various hedges to the side which means that the property is enclosed and can only be seen within a close proximity on Lôn Engan. As the proposal is a two-storey development it will be more visible than the existing dwelling and approximately 2m higher than the roof ridge of the bungalow. Although it will be higher it is not considered that it will have an unacceptable visual impact on the area. The AONB Officer states that the development would not be in keeping with the background and environment of the AONB and he does not like its modern and unusual design. As this plot can only be seen from very close areas and as it is located within a residential area, it is not considered that there are grounds for the AONB Officer’s objection nor will it have any significant impact on the broader landscape of the AONB and it is not considered to be contrary to policy B8. Given the variety of houses nearby, it is considered that a modern design would fit comfortably into this plot without it standing out in a prominent or incongruous manner. It is recognised that the design and finishes are very different to the existing dwelling and perhaps they would not appeal to everyone, however, it is considered that the proposal is modern and appropriate for the site without having a significant impact on the streetscene or prominent views within and across the area. Therefore, it is considered that the proposal complies with the requirements of policies B8, B22 and B25 of the GUDP.

5.5 General and residential amenities Several objections to the application were received expressing concern about the proposal’s impact on amenities, in terms of its setting within the plot, matters relating to overlooking, and concern about the proposal’s intrusive size and nature. The agent submitted a letter, plan and photos in response to the contents of the objections.

5.6 The owners of Groeslon and Derlwyn note that the proposed setting of the dwelling would have an impact on their amenities, and that it would likely create an element of overlooking. The agent’s latest layout plan clearly shows that those two properties would not be directly overlooked due to the angle of the development. Therefore it is not considered that there are any grounds for those objections, especially as both properties are located on the opposite side of the county road and that there are trees and hedges separating them.

5.7 The agent was informed of the officer’s concerns in relation to possible overlooking from the window of bedroom number four on the first floor on the southern gable end over towards the property of Bron y Gân. This matter has been resolved by installing permanent timber louvrer on the windows that will direct the view away from Bron y Gân. There is not as much concern about overlooking from the long windows in the corridors as they are not habitable rooms.

5.8 Some of the objections argue that replacing the bungalow with a new bungalow would be appropriate here, and concerns are also raised about the size of the building and its obtrusive impact on their amenities. It is realised that the proposal is higher and larger in terms of floor area than the existing dwelling, but as previously discussed, the two-storey section has been pushed further into the plot on land that is slightly lower. The proposal will be further away from the Ynys Fawr row of houses, where the owner of property number one, which adjoins the application site, has expressed concern about the obtrusive impact the proposal will have on his property and view. It must be noted that the first-floor balcony of number one Ynys Fawr overlooks the Blaen y Wawr property significantly at present, looking directly over the rear garden/patio which is otherwise entirely private. In response to the observations the agent noted that there would be a distance of approximately 12m between the two-storey element and the boundary of Ynys Fawr. It is also noted that the proposal has been sited approximately 2m further back from the rear wall of Ynys Fawr. High windows alone face this direction, therefore it is not considered that overlooking is a problem. As for the argument in relation to an obtrusive impact, it is considered that 12m is a reasonable distance, and the arched nature of the proposal is likely to have less of an impact than a usual slate pitched roof. It is likely that the two-storey element will restrict some of their views but loss of views is not a material planning consideration. 5.9 One of the objectors is concerned about the future of the trees and hedges along the plot’s boundary. It has been given to understand by the agent that it is intended to retain the vegetation along the plot’s boundaries which offer a natural screen and maintains privacy. Another objector suggests, should the application be approved, that a condition be imposed to ensure that the construction work does not commence prior to 10am. It is not considered that such a condition is necessary or reasonable for the small scale development of one house.

5.10 Having given due consideration to the observations of the objectors against the requirements of policy B23 Amenities, it is considered that the proposal demonstrates an effort to maintain the reasonable privacy of the nearby houses, and although it is larger in terms of height and footprint, it is not an overdevelopment of the site given the extensive size of the plot. The proposal will not lead to a significant change in traffic. Based on the above assessment the noted reasons for objection do not merit refusing the application. It is therefore considered that the proposal is acceptable in the context of Policy B23 of the GUDP.

5.11 Transport and access matters No change to the property’s vehicular access is indicated and there is parking provision within the curtilage for four vehicles and sufficient turning space. The Transportation Officer was happy with the proposal, therefore it is considered that it satisfies the requirements of policies CH33 and CH36.

5.12 Sustainability matters A Code for Sustainable Homes report was submitted with the application which shows that the house has the potential to reach Level 3 of the Code. Conditions will be required, if the application is approved, to ensure that the finished house reaches Level 3, and provided this is done, the proposal is considered to be acceptable as regards Policy C7 of the GUDP in relation to building in a sustainable manner.

5.13 Biodiversity As the proposal involves demolishing an existing house, the Biodiversity Unit was informed about the application in case there was a potential for bats to be in the building. The unit’s response was received confirming that it would be unlikely that bats use the building due to its smooth walls and the good condition of the roof. Nevertheless, the officer suggests that a condition be imposed so that should bats be found during the work, the work should be stopped immediately and advice sought from Natural Resources Wales. Imposing such conditions will be an alleviation measure to ensure that the proposal conforms to the requirements of policy B20.

6. Conclusions:

6.1 Having weighed up the proposal in the context of the relevant policies and the objectors’ arguments, it is considered that the proposal is acceptable for approval. The setting, density, size, form and increase in surface area is reasonable in comparison with the size of the plot. It is understood that the modern design is not to everyone’s taste, but in this case it is considered that the design is appropriate for the plot, given the variety in the design of the houses in the area. The site is in a built-up area where views of the property have been restricted to close areas alone, therefore it is not considered that there would be any significant impact on the broader landscape of the ANOB in this case. The officers’ main concern in relation to overlooking has been resolved. Whilst acknowledging the points and concerns of the objections, it is not considered that there are any grounds to refuse the application. In light of the above, and having given full consideration to all material planning issues, it is considered that this proposal is acceptable and that it complies with the requirements of the aforementioned policies.

7. Recommendation:

7.1 To approve – conditions 1. Commence within five years. 2. In accordance with the amended plans 3. Finishes to be agreed 4. Agree on the details of the timber louvres 5. Sustainable homes code conditions 6. Withdrawal of permitted development rights 7. No windows except those shown on the plan 8. Welsh Water conditions 9. Landscaping. 10. Stop work if bats are found.

Number: 10 Application Number: C13/0885/11/AM Date Registered: 20/09/2013 Application Type: Outline Community: Bangor Ward: Garth

Proposal: OUTLINE APPLICATION FOR THE ERECTION OF THREE BUILDINGS TO PROVIDE 64 STUDENT ACCOMMODATION WITH COMMUNAL AND ANCILLARY FACILITIES AND PARKING. Location: BRON DERW, GARTH ROAD, BANGOR, GWYNEDD, LL57 2RT

Summary of the Recommendation: TO REFUSE

1. Description:

1.1 This is an outline application with some reserved matters for planning consent to erect three new buildings to provide 64 living units for students including communal and ancillary facilities along with the creation of parking spaces.

1.2 The site is located within the development boundaries of the city of Bangor that is designated as a sub-regional centre in the Gwynedd Unitary Development Plan (July 2009). It is in a comparatively prominent location on Garth Road (which is also designated as the A5 first class highway) which runs past the south-eastern boundary of the site opposite a busy junction with Glynne Road and close to the city centre.

1.3 It is considered that the site is within an urban built area with residential houses surrounding the site itself and other buildings of various uses also nearby including hotels, a dental surgery and offices. There are playing fields and open public lands adjacent to the site as well as a bowling green and a public swimming pool to the north- east. Erw Fair terrace which borders the site on its western boundary are grade II listed buildings whilst the Bangor conservation area boundary also lies on this boundary.

1.4 Historically, there was varied use of the site including, and mainly, as residential dwellings but also as offices and a surgery. There is an existing vehicular access to the site from Garth Road with a difference in the land level from the public road towards the existing dwelling whilst there is a further difference of nearly 15 metres between the existing dwelling site and the boundary of the site curtilage to the rear.

1.5 Despite the application having been submitted in outline form, detailed plans have been submitted which show the layout of the proposed building within the site and it is seen from these details that two buildings would be erected to the rear of the site and one to the side of the existing building, using the existing vehicular access. It is acknowledged that in terms of size, the details submitted were indicative and the exact details will be determined at the time of discussing the design details with a reserved matters application; however, the indicative details of the development are given in terms of the height of the buildings within the Design and Access Statement:  Block 1 – maximum height of ridge at front of building – 16.9m maximum height of ridge at rear of building – 11.7m  Block 2 – maximum height of ridge at front of building – 16.9m maximum height of ridge at rear of building – 11.7m  Block 3 – maximum height of ridge at front of building – 10.3m maximum height of ridge at rear of building – 10.3m

2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009:

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

Policy B4 – Development within or that affects the setting of Conservation Areas - 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.

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 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 off-street parking is provided in accordance with the Council’s current parking guidelines, and having given due consideration to accessibility of public transport, the possibility of walking or cycling from the site and the distance from the site to a public car park.

2.3 GwyneddDesignGuidance

2.4 NationalPolicies:

Planning Policy Wales (version 5, 2012):

Chapter 3 – determining planning decisions and enforcing them Chapter 6 – protecting the historic environment Chapter 8 – transport

Technical Advice Notes (TAN)

Specifically: TAN 12: design TAN 18: transport TAN 20: the Welsh language

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

3. Relevant Planning History:

3.1 Application No. C09A/0195/11/LL – change of use from offices to residential dwelling – approved 18.05.2009

Application No. C03A/0549/11/LL – change of use from surgery to offices – approved 09.10.2003

Application No. 3/11/383A – single-storey extension to surgery – approved 30.12.1988.

4. Consultations:

Community/Town Council: Not received at the time of preparing the report.

Transportation Unit: In accordance with current parking standards, a provision of nine spaces specifically for this development is expected. It is also expected that provision is available for Bron Derw itself. Consequently, the parking provision shown for keeping the current dwelling and building the 64 units is not adequate. 14 are expected, not the eight shown. In addition, there are concerns about the vehicular access between and around the buildings, it does not look wide enough nor does it have turning areas to ensure easy access for delivery lorries or emergency vehicles such as fire engines. There is no segregated access to the site for pedestrians or cyclists and it is presumed that it would be advantageous to widen the vehicular access in order to ensure adequate width for two vehicles to pass through the gap. Therefore, it is recommended that the application be refused on the grounds of lack of parking provision and sub-standard access.

Archaeological Service: Not received at the time of preparing the report.

Fire Service: No observations.

Joint Planning Policy Unit: Not received at the time of preparing the report.

Natural Resources Wales: No objection but need to take appropriate steps if bats or other protected species are discovered on the site. Trees Officer: The trees on the site play an important sheltering role and form an essential element to the local landscape. In order to protect the trees it is suggested that a report be submitted recording the details of the trees and the method of protecting them.

Biodiversity Unit: No observations.

Conservation Officer: The site is located on the boundary of the Bangor Conservation Area and adjacent to the Erw Fair terraced houses which are Grade II listed buildings designated in 1949. It is not considered that the development is suitable for the site due to the detrimental effect of the new buildings on the appearance and setting of the listed terraced houses in terms of size and height which dominate the site. It is considered that the proposal would have an impact on the appearance and setting of the terraced houses from the back also which is on a higher slope. It is felt that the proposal has a detrimental effect on the character and setting of the Conservation Area in terms of the appearance of the street scene which is currently traditional, and in erecting the new buildings this will be lost.

Welsh Water: Not received at the time of preparing the report.

Public Protection Unit: Not received at the time of preparing the report.

Public Consultation: The application was advertised extensively, by placing a notice in the local press, placing notices on the site and sending consultation letters to neighbouring residents. Several letters of objection were received from local residents (including the member for a neighbouring ward); the relevant objections are noted as follows:  Overdevelopment  Building out of character in terms of size  Changing the tone and character of the area and the local natural landscape  Concern about the impact of digging on a neighbouring private road/retaining wall  Detrimental effect on visual amenities  Detrimental effect on the Erw Fair listed buildings/ Conservation Area  Lack of parking  Unacceptable size  Unacceptable access  Loss of trees  Impact on the area’s character / landscape / visual amenities and residential amenities  Lack of consultation with local residents although it is claimed that this has been done  Misleading information In addition to the above, objections were received that were not valid planning objections which included:  No demand for this type of development  Need accommodation for elderly people  Rights of access

The consultation period for the application ended on 17 October.

5. Assessment of the material planning considerations:

5.1 The principle of thedevelopment

5.1.1 Any development must be assessed on the grounds of local and national adopted policies along with other material considerations such as statutory and public consultation response.

5.1.2 In principle, the local Planning authority supports applications to use sites that are central to established services and close to the city centre, such as in this case. The policies contained within the Unitary Plan are the main material consideration when determining the application. The relevant policies presume against developments if there would be any possibility of serious or irreversible damage to the local environment on grounds of visual, residential amenities etc.

5.1.3 The application must therefore be carefully assessed against the criteria of policies B3, B4, B22 and B23 and other relevant national policies and guidance and to consider whether there is justification for approving the development. This application must be considered on its own merits, namely, to consider whether this site is the most suitable site for the development shown; what the impact would be on the area’s visual amenity, the amenities of local residents, the adjacent highway, the listed buildings and the adjacent conservation area.

5.2 Visual, general and residential amenities

5.2.1 As already noted, this site is in a comparatively conspicuous location near Garth Road and within close proximity of Bangor city centre. In approaching the Garth Road junction down from the Glynne Road direction, the site is directly opposite. There is a substantial growth of hedges and trees which are prominent along the front of the site at present; however, the proposed buildings would clearly be to the rear of these hedges towards the rear of the site.

5.2.2 Other neighbouring buildings are mainly two-storey structures with some buildings such as the Tabernacle larger in size. Certainly, therefore, these proposed buildings would be the largest within this local area and in setting them within the curtilage where the level of the land is raised at the rear, the height of the buildings would dominate the local street scene. It is appropriate to note that neighbouring buildings are fairly common in character in terms of appearance, size and mass. 5.2.3 The size and design of new developments are expected to consider the local environment such as the characteristics of the built environment and site boundaries. In this case, the site is in a prominent location and despite some aspects in terms of design and finishes being in common, the size and mass of the proposed buildings would be oppressive and would therefore have a detrimental effect on the character of the neighbouring area. The level of the land is raised towards the rear of the site and although there would be an element of placing the buildings ‘within’ the site itself, it is felt that they would continue to be incompatible within the local street scene.

5.2.4 Residential houses are located adjacent to the site, with the houses known as Maes Hyfryd being on raised land to the rear of the site. The buildings, in the form and site as shown, would be of an oppressive appearance and would have a detrimental effect on the residential amenities of the closest neighbours in terms of visual impact and overlooking. Despite some factors being acceptable in terms of the location of the site and as claimed, the need for serviced student accommodation, it is not felt that these considerations would outweigh the harm caused by this proposed development and the conflict with the requirements of the relevant policies and guidance.

5.2.5 It is acknowledged that the details submitted with the application were indicative in the form of plans. However, the Design and Access Statement (which is a material consideration with any planning application) refers to the indicative size of the development, namely a height of 16.9m to the ridge of both buildings built towards the rear of the site and 10.3m to the ridge of the building which would be adjacent to the existing building, Bron Derw.

5.2.6 Consequently, the proposal is considered to be unacceptable as it would lead to an overdevelopment of the site, it would be a prominent development and oppressive in size to an extent that would affect the area’s visual amenities and local residents and would not constitute suitable or appropriate use of land. Therefore, it is considered that the application is contrary to the criteria of policies B22 and B23.

5.3 Transport and access matters

5.3.1 The Authority’s Transportation Unit objects to the application by reason of lack of parking spaces provided on the site not only attached to the proposed development but also for the existing dwelling. It is considered that the road surrounding the buildings is narrow and restricted which would mean that having an easy and unobstructed route within the site would be difficult.

5.3.2 Please see the officer’s observations in their entirety:

The proposal is to erect three blocks with 64 beds for students and, in accordance with the CSS Cymru parking standards, the following is expected as parking provision for it: 1 space for every 10 beds for visitors etc. (64/10=6.4). 1 space for every 25 beds for students. (64/25=2.6) (total 6.4 + 2.6 = 9). For a total of 64 bed units, a provision of nine spaces specifically for this development is therefore expected. It is shown that the proposal is to place the units within the curtilage of an existing dwelling, therefore consideration must also be given to the existing parking provision for this dwelling. It is presumed that the five spaces noted and approved as part of the application to convert it in 2009 should be kept specifically for Bron Derw itself. Consequently, I believe that the parking provision shown to keep the existing dwelling and build the 64 units is inadequate. 14 are expected, not the eight shown. In addition, there are concerns about the vehicular access between and around the buildings - it does not look wide enough nor does it have suitable turning area to squeeze the two parking spaces between the buildings or to ensure easy access for delivery lorries or emergency vehicles such as fire engines. There is no segregated access for pedestrians or cyclists to the site and I presume that it would be advantageous to widen the vehicular access in order to ensure adequate width for two vehicles to pass through the gap. Therefore, I recommend that the application be refused on the grounds of lack of parking provision and sub-standard access.

5.3.3 It is acknowledged that the historical use of the site as a surgery and offices means that occasional movements would be more than usually expected in an ordinary residential site. However, it is felt that the density in this case and the parking provision proposed are unacceptable and would have an impact on the local area.

5.3.4 Therefore, given the above, it is considered that the proposal is unacceptable and would not satisfy the requirements of policies CH33 and CH36.

5.4 Historical conservation matters

5.4.1 The site boundary, on the western/southern side also forms the boundary of the Bangor conservation area and the Erw Fair terraced houses, which are grade II listed buildings, also directly adjoin it. The proximity of the conservation area and the listed buildings and the impact of the proposed development on them are also material considerations.

5.4.2 It is seen from the observations of the authority’s Senior Conservation Officer that this development would detrimentally affect the setting of the area and these special buildings to an unacceptable extent. As the development would be unacceptable in terms of the impact on the area’s heritage assets, it would not satisfy the requirements of policies B3 and B4.

5.5 Trees matters

5.5.1 It is noted in the observations received that several trees on the site have been felled comparatively recently and although it was very unfortunate to lose so many mature trees on the site which had given an important contribution to the local landscape, they were not covered by a Tree Preservation Order and as they were outside the Conservation Area boundary, there was no requirement to submit a notice of intention to fell them.

5.5.2 Observations were received from the Authority’s Trees Officer confirming that the trees on the site play an important role in terms of sheltering the site and there would be a need for a report and assessment on the impact of the development on these trees. Given that the recommendation is to refuse this application, it is considered that it would not be reasonable for the Authority to insist that the applicant submits this information.

5.6 Community and Language Statement This report was submitted to explain the relationship between the proposed development and the local community and the Welsh language. This statement is a material consideration in determining this application. Formal observations on the content of the statement are expected from the joint policy unit but had not been received at the time of writing this report.

5.7 Anyotherconsiderations

None

5.8 The need for student accommodation

The formal observations regarding this matter are expected from the joint policy unit but they had not been received at the time of writing this report.

5.9 Response to the public consultation

5.9.1 Response was received as part of the public consultation on this application, it was apparent that there were objections to the application; mainly due to the impact it would have on local visual and residential amenities.

Paragraph 3.1.8 of Planning Policy Wales 5 2012 states:

“When determining planning applications, local planning authorities must take into account any relevant view on planning matters expressed by neighbouring occupiers, local residents and any other third parties. Whilst the substance of local views must be considered, the duty is to decide each case on its planning merits. As a general principle, local opposition or support for a proposal is not, on its own, a reasonable ground for refusing or granting a planning permission.”

5.9.2 Despite receiving a substantial number of objections in relation to the proposed development, as noted above, this in itself is not grounds for refusing the application, although the concern regarding the size of the proposed development is obviously a concern for many, and a consideration in determining the application.

6. Conclusions:

6.1 This outline application (with some reserved matters) which is for erecting three buildings as student accommodation makes intensive use of this comparatively restricted site. It would be difficult to see how the development in its current form, as submitted, would integrate in its location (although it is accepted that it is an outline application with reserved matters).

6.2 Serious consideration must be given to the benefits deriving from the application in economic terms and in local terms. However, having weighed up the proposal in the context of these matters, policies and guidance as noted above along with the observations and objections received as part of the consultation process, it is not considered that the proposal in its submitted form is acceptable and it does not meet or satisfy the requirement of the noted policies. It is considered that approving this development would detrimentally affect the visual amenities of the neighbouring area and the views looking into this part of the city from further afield.

6.3 Given all the relevant matters, including local and national policies and guidance and the observations received, it is not considered that the application is acceptable due to its impact on the area’s visual amenities, neighbouring residential amenities, listed buildings and the conservation area as well as highways matters and it is considered that the proposal would not satisfy the requirements of relevant policies as noted above.

7. Recommendation: - To refuse – reasons

7.1 Given the character and appearance of the local area, the proposal in its current form is oppressive and is considered an overdevelopment of the site. The proposed development would not be in keeping with the form of the neighbouring area and would detrimentally affect the general character of the area and, therefore, would be contrary to the requirements of policy B22 of the Gwynedd Unitary Development Plan (2009) and sections 3 and 5 of the Gwynedd Design Guidance.

7.2 It is likely that the proposed development would significantly harm the residential amenities of neighbouring residents due to the size, location of the buildings and general disturbance which could arise from a development of this scale which is contrary to the requirements of policy B23 of the Gwynedd Unitary Development Plan 2009.

7.3 It is considered that this development would detrimentally affect the setting of the conservation area and adjacent listed building to an unacceptable extent which means that it would not satisfy the requirements of policies B3 and B4 of the Welsh Office Circular 61/96 guidance.

7.4 It is considered that the parking provision shown on the site is unacceptable and fails to satisfy current parking standards, in addition the existing access is sub-standard for the scale of the proposed development. It would not, therefore, satisfy the requirements of policies CH33 and CH36.

PLANNING COMMITTEE DATE: «Planning_Ctte_Date» HEAD OF REGULATORY DEPARTMENT REPORT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

Number: 11 PLANNING COMMITTEE DATE: «Planning_Ctte_Date» HEAD OF REGULATORY DEPARTMENT REPORT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

Application Number: C13/0929/14/LL Date Registered: 20/09/2013 Application Type: Full - Planning Community: Caernarfon Ward: Seiont

Proposal: DEMOLISH EXISTING STRUCTURES, EXTENSIONS TO THE GARDEN SHOP AND CAFE, ERECT NEW STORAGE BUILDING, EXTEND SERVICE YAR, ERECT A 2M HIGH SECURITY FENCE, CREATE ADDITIONAL PARKING SPACES TOGETHER WITH LANDSCAPING Location: FRON GOCH GARDEN CENTRE, PANT ROAD, CAERNARFON, LL545RL

Summary of the TO APPROVE WITH CONDITIONS Recommendation:

1. Description:

1.1 This is an application to extend Fron Goch Garden Centre by demolishing existing structures and making extensions to the garden shop and café, erecting a new storage building, extending the servicing yard, erecting a 2m high security fence, creating additional parking spaces and landscaping. The extensions will be located behind the existing constructions and will be located approximately 16.5m into an embankment with a new embankment created below the staff parking spaces. The existing embankment to the south-east of the site will be re-profiled and replanted with trees/shrubs, along with the need to partly re-direct a small stream along a culvert that will run below a new turning space for the servicing vehicles. 1.2 The extension to the existing café will measure approximately 1m higher (to the ridge) than the existing structures and the extension to the garden shop will be approximately 1.8m higher but will be set back more to the rear of the site. Its height of 6.5m would allow access for vehicles such as a fork-lift truck. The surface area of both extensions would measure 376m2. The extension to the café would be constructed of glass panels to the northern elevation with grey steel panels along the back wall and roof to match the existing ones. The extension to the garden shop will be of a similar construction, excluding the glass panels. 1.3 In the eastern corner of the site, it is intended to create an additional parking and turning area for customers which will then increase the number of parking spaces to 119, including 4 parking bays for the disabled. The refurbishment would also involve moving the servicing yard to the rear of the site and behind a new 2m high fence, along with disposing of storage containers which are currently located externally (which are an eyesore). It is also proposed to carry out additional planting to what has already been done on the site following past planning consents. 1.4 A design and access statement was submitted with the application and as well as this statement, a Retail Statement and Transport Statement were submitted with both stating that there will not be a substantial impact (if any) on either the vitality of town centres or on road safety. 1.5 The site has been developed over a period of approximately 30 years. It is located 1.2km to the south of Caernarfon and is served by a class III county road (Pant Road), and by the Lôn Eifion footpath / cycle track with a bus service running every 90 minutes from Caernarfon to Dinas Dinlle Airport. 1.6 Located to the north of the site is the property and garden of the applicant (Fron Goch), to the east on the top of the embankment is the Lôn Eifion public footpath and PLANNING COMMITTEE DATE: «Planning_Ctte_Date» HEAD OF REGULATORY DEPARTMENT REPORT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

the tracks of the Snowdonia Highland Railway that run in parallel, there is agricultural land that is divided by natural cloddiau to the south and the class III county road that links Caernarfon with Llandwrog and other villages is to the west. The site is not located within a Landscape Conservation Area or identified as an area of unique character and quality according to Natural Resources Wales’ “LANDMAP” information system. 1.7 Considering the scale of the proposed development, it does not need to be screened under the requirements of the Environmental Assessment Regulations 1999.

2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009:

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

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

POLICY B24 – ALTERATIONS AND BUILDING EXTENSIONS WITHIN DEVELOPMENT BOUNDARIES, RURAL VILLAGES AND THE COUNTRYSIDE Ensure that proposals for alterations or extensions to buildings conform to a series of criteria aimed at protecting the character and amenity value of the local area.

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

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

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

POLICY CH30 – ACCESS FOR ALL PLANNING COMMITTEE DATE: «Planning_Ctte_Date» HEAD OF REGULATORY DEPARTMENT REPORT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

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

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

POLICY CH36 – PRIVATE CAR PARKING FACILITIES Proposals for new developments, extensions to existing developments or change of use will be refused unless off-street parking is provided in accordance with the Council’s current parking guidelines, and having given due consideration to the accessibility of public transport, the possibility of walking or cycling from the site and the proximity of the site to a public car park.

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

2.3 National Policies:

Planning Policy Wales, Edition 5 (November 2012), Chapter 7 “Economic Development”.

TAN 12 on “Design”, (June, 2009).

3. Relevant Planning History:

3.1 Application number C04A/0137/14/LL – construction of open-sided polytunnels, extension of current buildings to create greenhouses (including a kitchen and café), open retail space, extension of existing car park, creation of lake and landscaping – approved in June 2004.

Application number C03A/0604/14/LL – change the use of land to open retail space – approved in March 2003.

Application number C97A/0601/14/LL – extension to the existing greenhouse and parking area – approved in December 1997.

Application number C96A/0406/14/LL – resiting of greenhouse and landscaping – approved in December 1996.

4. Consultations:

Community/Town Council: Support.

Transportation Unit: No recommendation as it is not anticipated that the proposed development would have a detrimental impact on any road or proposed road. The site abuts a public footpath and the footpath needs to be protected from any obstruction.

Natural Resources Wales: Not received. PLANNING COMMITTEE DATE: «Planning_Ctte_Date» HEAD OF REGULATORY DEPARTMENT REPORT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

Welsh Water: Not received.

Public Protection Unit: Not received. Land Drainage Unit: Not received. Biodiversity Unit: No observations

Public Consultation: A notice was posted on site and neighbouring residents were notified. At the time of writing the report, this consultation period had not ended.

5. Assessment of the material planning considerations:

Principle of the development

5.1 In the context of Policy C1, new developments will be usually located within the development boundaries of towns and villages, except for developments approved by another policy in the Plan, e.g. employment enterprises that facilitate diversification in the rural economy and ensure that there is a good visual relationship between existing structures and new structures.

5.2 Policy D8 of the GUDP states that proposals relating to extending existing enterprises and businesses will be approved subject to compliance with a number of guidelines relating to ensuring that the proposal (or existing use), does not cause significant harm to the surrounding area, that the proposal is located within the existing development, that the proposal is ancillary to the work that exists there already, that the scale of the proposal is acceptable based on environmental amenities and the local roads network and that any proposals include sensitive landscaping measures. The explanation accompanying this policy states that current enterprises form an important part of the local economy and can add to the vitality of existing centres and villages. The aim of the policy is to facilitate their development in the future.

5.3 Chapter 7, Planning Policy Wales, Edition 5 (November 2012), endorses the aim of the abovementioned policy by promoting diversification in the rural economy – “Many commercial and light manufacturing activities can be located in rural areas without causing unacceptable disturbance or other adverse effects.” It states that businesses located in rural areas are essential to maintain and improve rural communities and promote healthy economic activity in rural areas.

5.4 Policy C1 states that new developments will usually be located within the development boundaries of towns and villages, except for developments approved by another policy in the Plan, e.g. employment enterprises that facilitate diversification in the rural economy and ensures that there is a good visual relationship between existing structures and new structures.

Visual amenities

5.5 As referred to above, the site is located 1.2km to the south of Caernarfon in a rural area with dwellings, smallholdings and farms dispersed in the surrounding area. The site itself is located in a slight dip in the landscape with a substantial embankment and established vegetation on it as a backdrop to the existing structures. The extensions and storage area are located to the rear of the existing structures in order to mitigate their impact on visual amenities, along with making the best use of existing desolate land. The height of the PLANNING COMMITTEE DATE: «Planning_Ctte_Date» HEAD OF REGULATORY DEPARTMENT REPORT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION) structure will vary from 4.7m high (café) to 5.3m high (shop / display canopy) to 6.5m high (new storage area), compared to the existing structures that measure 3.7m high. It is proposed to use materials that reflect the elevations of existing structures and the new storage area elevations will be constructed of dark green panels, taking into account the “green” backdrop to this part of the site. This will be an attempt to mitigate the impact and scale of this building in the landscape.

5.6 However, the site has been screened well by the high cloddiau that are well established, along with landscaping including trees and hedges that have already been planted by the applicant following previous permissions. Although the new storage area will be a relatively sizable building compared with the nearby structures, it is believed, because of its location, its external appearance of a dark green colour and established natural screening currently surrounding the site, that its impact on the nearby landscape will not be substantial or significant. It must also be borne in mind that the area surrounding the application site is not designated or protected in terms of special character or quality; therefore, it is believed that the proposal is acceptable based on the requirements of Policy B22, B23, B24, B25 and D8 of the GUDP.

General and residential amenities

5.7 As referred to above, a number of various dwellings are dispersed in the surrounding area. The private property located closest to the site is a dwelling called Tŷ Gwyn Bach, which is located approximately 162m to the north-east of the site on the opposite side of the tracks. Fferm Pant is located 238m to the north below Pant Road bridge and Fferm Tŷ’r Allt is located 295m to the west on elevated land. Therefore, it is evident that the dwellings located closest to the site are located some distance from the proposed development; consequently, it is not believed that approving the application would have a substantial detrimental impact on the general amenities of the occupants of these dwellings. It is therefore considered that the proposal is acceptable in relation to the requirements of Policy B23 and D8 of the GUDP.

Transport and access matters

5.8 A transportation statement was submitted with the application which states that the development will not have a detrimental impact on the flow or movement of traffic along the local roads network. It is stated that there will only be a 6% increase in cars visiting the site, compared with the current situation, and it is not believed that such a low increase will have a detrimental impact on the operational effectiveness of the local roads network. It is believed that there is sufficient parking capacity within the site with 119 parking spaces and the proposal involves improving the arrangements of the servicing area so that it is now separate to the customer parking spaces. The site is accessible to pedestrians, cyclists and users of public transport. It is therefore considered that the proposal is acceptable in terms of the requirements of Policy CH30, CH33 and CH36 of the GUDP.

Relevant planning history

5.9 The site has been developed gradually to the current scale since the 1990s and it is believed that it has taken its place suitably in the landscape. The applicant has undertaken a tree and shrub planting programme following previous planning permissions and to date they have established well as part of the landscape screening the site.

The economy

5.10 As part of the design and access statement submitted with the application, the garden centre currently employs 79 people (full and part-time), and this figure could increase to 95 if PLANNING COMMITTEE DATE: «Planning_Ctte_Date» HEAD OF REGULATORY DEPARTMENT REPORT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION) the application is approved and the existing business makes a substantial contribution to the local economy. The statement notes that the proposal complies with the principles of the Council’s policies as well as the aims of the Welsh Government in relation to promoting the rural economy in Wales.

6. Conclusions:

6.1 After considering the abovementioned assessment, it is believed that the proposal as submitted is acceptable based on its location, scale, design, materials, road safety, visual amenities and residential amenities as it complies with relevant local and national planning policies and guidance.

7. Recommendation:

7.1 To delegate powers to approve the application subject to the end of the consultation period and not receiving more than two letters opposing the application.

To approve – with conditions:-

1. Five years. 2. In accordance with the plans. 3. Landscaping 4. External materials to be agreed with the LPA. 5. Work on the car park to be undertaken before commencing the use of extensions.