Gwasanaeth Democratiaeth Democracy Service Swyddfa’r Cyngor CAERNARFON Gwynedd LL55 1SH
Cyfarfod / Meeting
PWYLLGOR CYNLLUNIO
PLANNING COMMITTEE
Dyddiad ac Amser / Date and Time
1.00pm DYDD LLUN, 17 RHAGFYR, 2012
1.00pm MONDAY, 17 DECEMBER, 2012
Lleoliad / Location
YSTAFELL GYFARFOD, FRONDEG, PWLLHELI MEETING ROOM, FRONDEG, PWLLHELI
Pwynt Cyswllt / Contact Point
IOAN HUGHES
01286 679780
distributed 07-12-12 PWYLLGOR CYNLLUNIO PLANNING COMMITTEE
Aelodaeth / Membership (15)
Plaid Cymru (7)
Y Cynghorwyr/Councillors Elwyn Edwards Dyfrig Jones Dafydd Meurig Michael Sol Owen Tudor Owen Hefin Williams Eurig Wyn
Annibynnol/Independent (3)
Y Cynghorwyr/Councillors Anne T.Lloyd Jones Dilwyn Lloyd Christopher O’Neal
Llais Gwynedd (3)
Y Cynghorwyr/Councillors Endaf Cooke Louise Hughes Owain Williams
Llafur/Labour (1)
Y Cynghorydd/Councillor Gwen Griffith
Rhyddfrydwyr Democrataidd / Liberal Democrats (1)
Y Cynghorydd/Councillor June Marshall
Eilyddion / Substitutes Y Cynghorwyr / Councillors
Craig ab Iago (Plaid Cymru) John Pughe Roberts (Annibynnol / Independent) Gruffydd Williams (Llais Gwynedd) Gwynfor Edwards (Llafur / Labour) Stephen Churchman (Rhyddfrydwyr Democrataidd / Liberal Democrats) AELODAU LLEOL A WAHODDIR/ LOCAL MEMBERS INVITED (Cynghorydd/Councillor + Rhif Cais/ Application Number)
1. Cyng/Coun Sian Gwenllian C12/0986/20/LL
2. Cyng/Coun Ann Williams C12/1198/13/LL
3. Cyng/Coun Michael Sol Owen C12/1247/45/LL
4. Cyn/Coun W. Gareth Roberts C12/1270/30/LL
5. Cyng/Coun W. Gareth Roberts C12/1283/30/AM
6. Cyng/Coun Elin Walker Jones C12/1291/11/LL
7. Cyng/Coun Aled Evans C12/1323/41/LL
8. Cyng/Coun Robert J. Wright C12/1395/45/LL
9. Cyng/Coun June Marshall/Mair Rowlands C12/1413/11/LL
10. Cyng/Coun June Marshall/Mair Rowlands C12/1416/11/LL
Hefyd / Also:-
Y Cynghorydd / Councillor Selwyn Griffiths (eitem 5 / item 5). TREFN SIARAD YN Y PWYLLGOR CYNLLUNIO
Mae’r Cyngor wedi penderfynu rhoddi’r hawl i 3ydd parti siarad yn y Pwyllgor Cynllunio. Mae’r daflen hon yn amlinellu’r trefniadau gweithredol arferol ar gyfer siarad yn y pwyllgor.
1. Adroddiad y Gwasanaeth Cynllunio ar y cais cynllunio yn cynnwys argymhelliad.
2. Os oes cais wedi ei dderbyn gan 3ydd parti i siarad, bydd y Cadeirydd yn gwahodd y siaradwr ymlaen
3. Gwrthwynebydd, neu gynrychiolydd o’r gwrthwynebwyr yn cael 3 munud annerch y pwyllgor
4. Ymgeisydd, gynrychiolydd yr ymgeisydd(wyr) neu Asiant yn cael 3 munud annerch y pwyllgor
5. Aelod(au) Lleol yn cael annerch y pwyllgor 10 munud
6. Cadeirydd y pwyllgor yn gofyn am gynigydd ac eilydd i’r cais cynllunio
7. Y pwyllgor yn trafod y cais cynllunio.
PROCEDURE FOR SPEAKING IN THE PLANNING COMMITTEE
The Council has decided that third parties have the right to speak at the Planning Committee. This leaflet outlines the normal operational arrangements for speaking at the committee.
1. Report of the Planning Service on the planning application including a recommendation.
2. If an application has been received from a 3rd party to speak the Chairman will invite the speaker to come forwards.
3. Objector, or a representative of the objectors to address the 3 minutes committee.
4. Applicant or a representative of the applicant(s) to address the 3 minutes committee.
5. Local Member(s) to address the committee 10 minutes
6. Committee Chairman to ask for a proposer and seconder for the planning application.
7. The committee to discuss the planning application AGENDA
1. APOLOGIES
To accept any apologies for absence.
2. DECLARATION OF PERSONAL INTEREST
To receive any declaration of financial interest or personal connection.
3. URGENT ITEMS
To note any items that are a matter of urgency in the view of the Chairman for consideration.
4. MINUTES
The Chairman shall propose that the minutes of the last meeting of this committee, held on 26 November, 2012, be signed as a true record (copy herewith - yellow enclosure).
5. CAFÉ PAVEMENT FACILITIES – PETHAU MELYS, PORTHMADOG
To consider the report of the Head of the Regulatory Department , (copy herewith – cream enclosure)
6. PLANNING APPLICATIONS
To submit the report of the Head of Regulatory Department (copy herewith – white enclosue). Planning Committee 26.11.12
PLANNING COMMITTEE, 26.11.12
Present: Councillor Gwen Griffith (Chair) Councillor Michael Sol Owen (Vice-chair).
Councillors: Endaf Cooke, Louise Hughes, Anne T. Lloyd Jones, Dilwyn Lloyd, June Marshall, Christopher O’Neil, Tudor Owen, Hefin Williams, Owain Williams, Eurig Wyn and Craig ab Iago (substitute)
Others invited: Councillors Gwynfor Edwards, Charles Wyn Jones, Eric Merfyn Jones, Brian Jones, Dyfed Edwards, Mair Rowlands and W. Gareth Roberts (local members).
Also present: Gareth Jones (Senior Planning Service Manager), Hywel Thomas (Development Control Manager), Iwan Evans (Legal Services Manager), Gareth Roberts (Senior Development Control Officer – Transport), Dafydd Gareth Jones (Planning Officer – Minerals and Waste – present for the discussion on application no C12/0874/16/MW) and Ioan Hughes (Member Support and Scrutiny Officer).
Apologies: Councillors Elwyn Edwards, Dyfrig Jones and Dafydd Meurig, together with Councillors Mair Rowlands and Dyfed Edwards (local members).
Sympathy
The Chair extended her sympathy to Councillor June Marshall following the death of her sister recently.
Speedy recovery
Councillor Elwyn Edwards was wished a speedy recovery following a recent illness.
1. DECLARATION OF PERSONAL INTEREST
The following member declared a personal interest for the reasons noted:-
Councillor Craig ab Iago in item 6 on the agenda (planning application number C12/1193/22/LL), as his partner’s family lived across the road to the church in Llanllyfni.
The member was of the opinion that they were prejudicial interests, and he left the chamber during the discussion on the matter.
The following members declared that they were local members in relation to the items noted:-
Councillor Gwynfor Edwards (not a member of this Planning Committee) in relation to item 6 on the agenda, planning application number C12/0059/11/LL.
Councillor Gwen Griffith (a member of this Planning Committee) in relation to item 6 on the agenda, planning application number C12/0874/16/MW.
Councillor Charles Wyn Jones (not a member of this Planning Committee) in relation to item 6 on the agenda, planning application number C12/0891/23/LL.
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Councillor Eric Merfyn Jones (not a member of this Planning Committee) in relation to item 6 on the agenda, planning application number C12/0980/17/LL.
Councillor Brian Jones (not a member of this Planning Committee) in relation to item 6 on the agenda, planning applications number C12/1001/23/LL and number C12/1002/23/CR.
Councillor June Marshall (a member of this Planning Committee) and Councillor Jean Forsyth (a member of an adjoining ward, who was not a member of this Planning Committee) in relation to item 6 on the agenda, planning application number C12/1189/11/LL.
The Members withdrew to the other side of the chamber during the discussions on the applications in question and they did not vote on those matters.
2. MINUTES
The Chairman signed the minutes of the previous committee meeting held on 5 November 2012 as a true record.
3. TREE PRESERVATION ORDER
(i) Submitted – the report of the Head of Regulatory Department by the Senior Planning Service Manager.
(ii) It was noted that a temporary Tree Preservation Order had been issued on an area of trees on land between Sackville Road and Deiniol Road, Bangor, in response to planning application no. C12/0059/11/LL, and that the purpose of the report was to confirm the Order with amendments.
(iii) It was explained that a detailed assessment had been carried out on the trees, and that their amenity value had been confirmed.
(iv) Further information was submitted regarding the location of the site and a description of the trees. It was considered that the trees made an important contribution to the amenities of the surrounding area.
(v) The planning background to the site was outlined, and it was explained that the trees were currently subject to a temporary area preservation order. However, following a detailed survey, it was recommended to amend the order from one which protected an area of trees to an order which preserved a group of trees and individual trees.
(vi) In addition to the written report, it was noted that Bangor City Council had no objection to confirming the Order in line with the recommendation. Furthermore, three letters had been received from third parties, supporting the confirmation of the Order. Bangor Civic Society also supported the confirmation of the Order.
(vii) It was explained that the site was owned by three companies, and it had been requested by them for the one letter that had been sent by them to be considered as three separate objections.
(viii) It was noted that their objections were based on the following four points:
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that the majority of trees on the site were protected by an existing tree preservation order, dated 1 April, 2003, and that there was no need to issue a new order. that several planning applications had been approved since the previous order (A74) was confirmed in 2003 and that each of those permissions had included felling the trees, which meant the Council accepted the importance of redeveloping the site, despite the existence of a tree preservation order on the site; that the trees were not of great value, particularly those which were the subject of the existing temporary TPO, as confirmed by the Arboriculture Statement prepared by Cheshire Woodlands Arboricultural Company, and the companies therefore did not consider there was a need to add another order on the land; and that the Biodiversity Unit had submitted observations on application number C12/0059/11/LL, confirming that development on the site should not be prevented by the existing TPO, provided that one tree was preserved and that heavy standard trees were planted to replace those that were to be felled.
(ix) The Council’s Biodiversity Service had responded formally to the objections, and they noted that the order which had been issued on the trees in 2003 was no longer active. It was further noted that previous planning applications had included the site as part of wider schemes. Regarding the current situation, a specific application was being submitted for this land only. It was added that the trees scored higher than the required threshold for issuing a Tree Preservation Order.
(x) The Planning Officers considered that the objections did not override the significance of the trees to the appearance of the townscape, nor did they present adequate reasons to prevent confirming the order.
(xi) It was explained that a decision by the Committee to approve the planning application to be discussed under item 4 (1) would override any tree preservation order.
(xii) It was noted that the members had four options to consider, namely: Confirm the order as it stood, without amendments; Confirm the order with amendments, namely amend the order from preservation of an area of trees to an order that preserved a group of trees and individual trees; Not confirm the order; Hold a public inquiry.
(xii) The local member (who was not a member of this Planning Committee) stated that he supported the confirmation of the Order.
RESOLVED to confirm the Order with amendments, namely amend the order from preservation of an area of trees to an order preserving a group of trees and individual trees.
3 Planning Committee 26.11.12
4. PLANNING APPLICATIONS
Before commencing the discussions the Senior Planning Service Manager noted that Volume 5 of Planning Policy Wales had now been published, and it would therefore apply to each of the planning applications. He explained that the main matters raised in terms of changes were a presumption in favour of sustainable development, and that even balance was given between planning, social, economic and environmental considerations.
The Committee considered the following applications for development.
Details of the applications were expanded upon and questions were answered in relation to the plans and aspects of the policies.
RESOLVED
1. Application no. C12/0059/11/LL – Junction at Deiniol Road and Sackville Road, Bangor.
Erect a new four-storey building to include a restaurant and associated services, including a bar and provision of hot food take-away on the ground floor with 25 one and two bedroom living units provided on the upper floors, together with creating a new vehicular and pedestrian access, 19 parking spaces, clearing the site including felling trees and landscaping the site.
(i) The Senior Planning Service Manager expanded on the background to the application and noted that tree considerations were important in respect of the application, since a Tree Preservation Order had just been confirmed in a decision on a matter considered earlier.
(ii) He noted that the development would mean felling all of the trees on the site, and that the members should consider whether the economic benefit that could derive from the development outweighed the value of the trees.
He explained that the site had an extensive planning history, where permissions had been granted to develop the site as part of wider development schemes, and where the economic benefit justified the approval of the applications. However, this application related to a single development on the site.
The planning officers considered that the trees had amenity value and were worth preserving, and that there was no economic benefit from the proposed development which outweighed this.
It was emphasised that there were other objections, but that the application could not be refused on the grounds of transport or design. It was further noted that a new application could be made if the applicant wished to submit amended plans.
(iii) In addition to the written report, it was confirmed that a request had been made by the applicant for the Committee not to make a decision on the application until amended plans had been submitted.
Furthermore, a petition had been received from Bangor Civic Society, signed by 478 people, objecting to the application.
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(iv) Taking advantage of the right to speak, the main following points were made by an objector: that the site was in a prominent place which could be seen as passengers approached Bangor City; that the trees on the site improved the view from many local residents’ homes; that there was exceptional value to the trees from the perspective of the City in general, and that the trees included as part of the proposed development would merely be decorations; the development would not generate economic benefit since it would lead to the decline of businesses on the High Street; the development would increase traffic problems, which were already a cause of concern; not enough parking spaces were offered for the development, and space for delivering goods to the restaurant was scarce; Bangor City Council objected to the application; approving the application would have a detrimental impact in terms of attracting people to the city of Bangor.
(v) Taking advantage of the right to speak, the applicant’s agent stated that the companies associated with the application had invested substantially in developments in Gwynedd recently.
He added that the application was exactly like an application that had been approved as part of the redevelopment of Bangor city football ground in 2009.
He noted that discussions had been held in light of the objections received, and that amended plans which protected many of the trees had been submitted. He wished for the application to be deferred so that further discussions could be held in relation to the amended plans.
(vi) The local member stated that the trees were obvious to passengers as they approached Bangor City, and that this view was all important. He added that the development was not on the High Street and that there was no obvious economic value. The local member expressed further concern regarding transport, and he noted that the number of affordable houses being proposed was too low.
(vii) A member from an adjoining ward was allowed to speak, and she made the following points: the proposal would have an adverse impact on all the residents of Bangor; the development would have an adverse impact on the character of the area and on visual amenities because of the scale of the design and the fact that trees would be lost from the city centre; that traffic problems already existed along Deiniol Road, with emergency services vehicles and members of the public who were going to hospital facing difficulties when travelling there; the four-storey building would not complement the nearby buildings, and it would be prominent and unacceptable when looking at it from any direction; the site should be transferred as a green plot, to be enjoyed by the residents of Bangor City.
(viii) In response to an enquiry, it was noted again that an amended plan would probably require that a new application be submitted, and the Senior Planning
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Service Manager explained that there was no justification to defer a decision on the current application.
RESOLVED to refuse the application.
Reasons: 1. Approving this development would mean felling trees that were protected under Tree Preservation Order A92. Felling trees like these could only be justified if there were economic and/or social benefits to the development that outweighed any harm. In this case, it was not considered that there was sufficient justification on the grounds of proven economic benefit. Therefore, felling the trees would be contrary to the requirements of policy B19 and specifically, criteria B and C which state that proposals should be assessed in terms of: b) the contribution of each tree/coppice to public amenity c) the recreational value of the preserved tree/coppice
It was also considered that the proposal did not meet the requirements of Policy A3 and Strategic Policy 1 which stated that proposals will be refused if there was any possibility of serious or irreversible damage to the environment or the community. The proposal was therefore considered to be unacceptable and contrary to the requirements of policies A3 and B19 and Strategic Policy 1 of the Gwynedd Unitary Development Plan.
2. It was considered that this site was important within its location and because of the trees, it offered an important and natural feature particularly given the presence of the large buildings nearby. Consequently, the proposal was considered to be unacceptable as it would lead to the loss of important mature trees that would affect the area’s visual amenities. The proposal was considered unacceptable and contrary to the requirements of policy B23.
2. Application no. C12/0874/16/MW – Penrhyn Quarry, Bethesda, Bangor.
Proposed extension and realignment of slate extraction operations with a progressive scheme of restoration.
The members had visited the site prior to the meeting.
(i) The Senior Planning Service Manager expanded on the background to the application.
(ii) He noted that the area to be extracted would extend to 3.7 hectares with the compensation area measuring approximately 12 hectares.
In principle, the application would add 15 years to the life of the quarry as one which produced high-quality slate products. Without the extension, the life of the quarry could be less than five years.
(iii) The site was not far from the boundary of Snowdonia National Park, but it was noted that the proposed extension was relatively small compared with the size of the quarry itself. A restoration scheme would be part of any permission. Consequently the officers did not consider that there would be a significant visual impact.
(iv) The company’s intention was to use alternative extraction techniques which would yield the best value from the slate material in the quarry, and reduce waste.
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(v) The site extended to a Special Area of Conservation and a Site of Special Scientific Interest, and it was noted that this was one of the main considerations in assessing the application. In accordance with environmental regulations, an appropriate assessment of the development was conducted, in order to consider whether it would have a significant impact on the important features of the Special Area of Conservation. It was concluded that the development would not have an unacceptable impact, which also derived from the fact that the company would offer specific land which would extend to around 12 hectares, as mitigation for the area being lost.
(vi) It was emphasised that the quarry was an important employer, with 200 workers currently employed there. It was noted that this underlined the economic value of the proposal.
(vii) In addition to the written report, observations were made, and the following conditions suggested by the Public Protection Service and Welsh Slate:
Public Protection Service The applicant to provide a dust management plan within three months of approval, and a dust deposition survey at the LPA’s written request; An air quality monitoring plan, to include weather recording, to be agreed in writing with the LPA and implemented in accordance with the UK National Air Quality Criteria for particles, in order to identify the need for any improvements or further control; An environmental record of dust complaints to be available at the request of the LPA; A maximum noise level of 45dB LAeq, 1 hour (0700 - 1900 during the day) and 42dB LAeq, 1 hour (1900 - 0700 during the night), as is measured in any property that is sensitive to noise. Temporary work that is louder than 45dB LAeq, 1 hour, not to continue for more than a consecutive period of eight weeks in any 12 month period, subject to a maximum noise level of 67dB LAeq, 1 hour. Review the existing blast vibration criteria of 6mm/s at confidence levels of 95% under MTAN1 national guidance, and propose further that the developer complies with a limit of 3mm/s.
Response of Welsh Slate
Agree with the scope of the planning conditions outlined in the report, subject to national planning policy guidance requirements.
(viii) Taking advantage of the right to speak, the applicant referred to the high standard of the produce gained from the quarry, and he emphasised that the public had been given the opportunity to receive information and voice an opinion before the application was submitted.
He noted further that the proposal adhered to local and national minerals policies.
He added that steps had been taken to ensure that the development would not have a detrimental impact on the setting of Snowdonia National Park or on archaeology. He further noted that the Council’s Transportation Unit had no objection to the application and he referred to the success of the company’s restoration scheme in the past, and he confirmed that this would remain part of the development.
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He emphasised the value of the company to the area as an employer, and that the development would safeguard jobs in the future and offer training and apprenticeship to young workers.
(ix) The local member (who was a member of this Planning Committee) confirmed her support to the application, but said that it was a very sensitive matter since the development would take the quarry closer to the village of Mynydd Llandygai than it had ever been.
She referred to a financial slump in the quarry recently, and how working hours had had to be cut there. This period only lasted a short time, but the local member emphasised that the situation underlined the importance of the jobs to the local community.
However, she wished for the Special Area of Conservation and the Site of Special Scientific Interest to be respected through appropriate conditions.
(x) Members expressed support for the application, and they made the following main points: that there was particular value to the jobs created through the success and continuation of the quarry; that cultural and historical value was a part of the quarry; that the quarry was of general economic benefit to a wide area; that there was room to take pride in the quarry’s produce which was used all over the world.
(xi) In response to an enquiry, it was explained that the materials that would be removed in preparation for extraction would be used for the restoration work. The restoration work would also include re-erecting the old stone walls. It was also confirmed that old archaeological features would be respected. Furthermore, an interception leat would be constructed for collecting surface water. Finally, the alternative extraction methods would reduce waste and noise levels.
RESOLVED to approve the application with conditions to include appropriate planning regulations based on the following:
Duration of Working – 21 February 2032 to coincide with the terms of the existing planning permission; Permitted operations and compliance with submitted Details / Plans; Hours of Working; Method of working – use the best possible technology without incurring excessive costs; Restoration, scheme of tree planting and a detailed habitat creation and restoration plan; Five-yearly review of operations; Control of external lighting; Control of daytime and night time noise limitations; Control of fugitive dust and provision of a weather station; Soils and restoration media storage; Restriction on vegetation clearance at specific times of the year unless it can be proven in writing that the work will not disturb birds and reptiles;
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Moorland habitat management plan for the compensation area to be agreed with the LPA and CCW; A detailed habitat creation and restoration plan, to be agreed with the LPA and CCW; Leat construction method statement to be agreed before hand with the LPA and CCW in order to minimise the impacts on habitats during the construction phase; Construction of the leat within a specified timescale, to be agreed in writing with the LPA and CCW; Fencing to be agreed with the LPA and CCW; Monitoring of leat flow as part of a five-year formal review to assess the functioning of the leat, the hydrology of Gwaen Gynfi and the requirement for any maintenance works, to be agreed in writing with the LPA and CCW; Detailed leat design to be agreed in writing with the LPA and CCW; Appropriate means to be agreed beforehand with the LPA and CCW in order to protect the adjacent mire from potential damage by dust, silt and leachate; Archaeological recording and mitigation; Protection of archaeological feature to the north of the extraction area (multi- cellular sheepfold).
The above application was chaired by the Vice-chair.
3. Application no. C12/0891/23/LL – Cae’r Eglwys, Llanberis Road, Llanrug.
Construct 10 houses, a roundabout, a new road and infrastructure works.
(i) The Senior Planning Service Manager expanded on the background to the application.
(ii) He noted that extensive discussions had taken place with respect to traffic and access matters, and that this had led to a solution, with the roundabout and road being beyond what was necessary in terms of the application. The car park would also benefit the public in general. It was emphasised that the roundabout provided was far beyond the standard requirements for a development of this size, and that the car park, which was part of the development, was something offered by the developer – it was not something that could be insisted upon him otherwise.
It was further noted that a fence or a wall could be provided to resolve any complaints regarding residential amenities, and that direct problems from overlooking did not exist.
The houses would be relatively small, two bedroom houses, and consequently the planning officers did not consider it necessary to impose a condition regarding a provision of affordable housing.
The Community Council had expressed some concern that there were no railings along a section of Llanberis Road. They noted that railings should be installed to safeguard children who walked there.
(iii) In addition to the written report, the following observations were received from the Highways Unit:
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It was proposed to construct a roundabout and a connecting road between the A4086 and Station Road, an estate of ten houses together with a car park off this connecting road. It was confirmed that the layout of the car park and the estate road was acceptable, with a turning space and an acceptable parking provision for each dwelling in the estate. The connecting road was shown with a normal junction at its entrance with Station Road i.e. the junction giving way, and priority given to traffic along the existing road. Ideally the priority should be changed at this junction and the traffic flow redirected down the proposed connecting road, but this change had to be coordinated to correspond with a minor improvements scheme on the square in Llanrug.
Whilst the proposal to install a roundabout as an access to the new proposed road had been agreed in principle with the Highways Department, it was not entirely necessary in terms of junction design, and was agreed on more for the benefit of slowing down traffic along the A4086. Ideally, and under the ‘TD42/95 Geometric Design of Major/Minor Priority Junctions’ design guidance, a standard junction or a junction with crossing islands should be considered for this location, as the traffic flow was not sufficient or proportionate to merit constructing a roundabout.
Additional planning conditions were noted.
The Environment Agency had also confirmed that their previous observations remained valid following the re-consultation period. They were not aware of flood risk on the site and they noted that surface water was to be controlled and delayed from discharging from the application site.
The Biodiversity Unit made additional observations, including conditions to safeguard protected species (reptiles).
(iv) Taking advantage of the right to speak the applicant’s agent stated that the development made a significant contribution to the community.
He emphasised that the plan had been designed to comply with traffic in Llanrug, and attention had been given to the safety of pedestrians and school children.
He added that there was a need for the houses and that they were affordable. He also referred to the consultation that had taken place over a period of two years and noted that conditions could be imposed to resolve any considerations regarding amenities.
(v) The local member (not a member of this Planning Committee) noted that the site was in the centre of the village of Llanrug and near the village Square, where there was a complex junction with five roads meeting there.
He emphasised the need to relieve the traffic there, and that discussions had been held in order to seek agreement on the best way of doing this. Following a public meeting, it was concluded that the best scheme would be to have a connecting road between Station Road and Llanberis Road so as to avoid traffic from the Square.
He added that the only land that could provide this was the site in question. When consideration was given to the best way of developing the site, the need to incorporate three things was emphasised, and these were: having sufficient parking spaces for the shops on Station Road and for parents taking their children to school;
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a connecting road between Station Road and Llanberis Road to relieve traffic on the Square; having a roundabout, rather than a junction, to connect the site and the connecting road with the road from Caernarfon in the direction of Llanberis.
The member was willing for discussions to be held regarding extending railings along Llanberis Road, and he called for confirmation that the two crossings on the connecting road would be wide enough for prams, wheelchairs and disabled scooters.
(vi) In response to an enquiry it was noted that the Environment Agency did not submit objections with regards to flooding.
(vii) A member noted that the roundabout was very much needed and that the affordable housing would be of benefit to the community.
RESOLVED: a) To approve the application Conditions: Commence the work within five years. In accordance with the plans Materials Code Welsh Water conditions Measures to protect reptiles Surface water tank Create the road, pavements and roundabout before the houses Create all parking spaces (public and private) prior to occupation of the houses Other Highway conditions All boundary details Removal of PD rights – windows Landscaping details b) To authorise the Senior Planning Service Manager to hold discussions with the developer with regard to extending railings along Llanberis Road.
4. Application no. C12/0980/17/LL – Dinlle Caravan Park, Dinas Dinlle, Caernarfon.
Locate 24 static caravans in lieu of 34 touring caravans within the existing site and demolish an amenity building.
(i) The Senior Planning Service Manager expanded on the background to the application and explained that the proposal would not involve extending the site area.
(ii) He explained that a condition to restrict the occupancy period of the static caravans was no longer relevant, since an application had recently been approved, under delegated rights, to extend the holiday period to 12 months. Therefore, he noted that a condition should be imposed that restricted use of the units to holiday use only, and that the 10 and a half months condition should be deleted for static caravans.
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(iii) The local member (who was not a member of this Planning Committee) expressed his support to the application and he added that no objections had been submitted.
He noted further that a similar application had been approved on this site a few years ago, and the change had proved successful, with static caravans benefiting local businesses because owners visited the area whatever the weather was.
(iv) In response to enquiries, he noted that a condition could be enforced for managing the use of the static caravans for holiday use only. The Council also had powers to respond to and investigate these matters through legislation.
As a result of the changes, there would be 192 static caravans and 142 touring caravans on the site, and the planning officers considered that this was a fair balance.
RESOLVED to approve the application.
Conditions Commence the work within five years In accordance with the amended plans Environment Agency conditions Restrict use of the caravans to holiday use only No more than 192 static units and 142 touring units on the site.
5. Application no. C12/1001/23/LL – The Cottage, Pant Afon, Llanrug
Conversion and extension of building into a holiday unit.
(i) The Development Control Manager expanded on the background to the application and noted that the right to use the building as a residential unit had been waived, as so much time had passed since it was used. Subsequently, an application was submitted to convert and extend the building into a holiday unit in order to comply with relevant policies.
It was noted further that policies B2 and B3 should be included as relevant policies.
It was added that the development would improve the appearance of the listed building, which would include having a slate roof on it.
(ii) In addition to the written report, it was noted that the Environment Agency was withdrawing its objection since the applicant had amended the application to use a sewage treatment tank. Furthermore, the Community Council’s objection was noted, on the grounds that the application would change the use of the site and would have a negative impact on local residents because of the presence of holiday visitors.
(iii) Taking advantage of the right to speak, an objector said that all current residents of the Pant Afon units objected to the application. They were of the opinion that the development would not be in keeping with the history of the listed building nor its present use. The objector also noted that it would clash with the interests of the Pant Afon residents.
12 Planning Committee 26.11.12
He added that all residents of the other units lived there permanently, and a close community had evolved there. He noted that some problems already existed in terms of transport and lack of parking spaces, and that the development would exacerbate the situation.
Further concern was expressed in relation to loss of privacy and overlooking. It was also noted that the water supply to the units was scarce at times, and that another unit would generate additional problems.
In light of all these problems, the objector called for the members to visit the site before determining the application.
(iv) The applicant’s agent could not attend the meeting because of the inclement weather, therefore written observations received from him were considered.
He noted that the applicant had connection with the property dating back 47 years, as it had been owned by his grandmother and then his parents.
He added that the owner had a duty to safeguard a listed building, and that it was therefore reasonable for acceptable use to be made of the property. With the original objection from the Environment Agency withdrawn, he noted that the application should be approved in respect of planning matters.
He added that the objections made had no planning grounds, and that the application complied with the policies of the Gwynedd Unitary Development Plan. He further noted that the development would bring the building back into use, and that it would not impact on the housing stock within the community.
(v) The local member (who was not a member of this Planning Committee) objected to the application, and he emphasised that the measurements of the extension would be entirely unsuitable for Pant Afon.
(vi) The local member referred in particular to the objection by the Community Council. He also noted that traffic, including agricultural vehicles, used the nearby road, and he was concerned that the problems would increase if an additional unit was approved.
(vii) He was also concerned about the ability to manage use of the unit, and keep a register of the people who would be staying there.
(viii) In response to an enquiry, it was noted that a holiday unit was an economic use and that another use, such as light industry, was not likely to be suitable/viable for the site. This development would safeguard the listed building to the future.
RESOLVED to approve the application.
Conditions: Commence within five years Slates on the roof Timber framed windows Frosted glass windows in first floor bathroom Holiday use only No one person or family to stay in the unit for more than 28 days in any year Keep a register of all the people staying on the site Possibility of bats when commencing the work
13 Planning Committee 26.11.12
Any other condition the Environment Agency may propose as a result of receiving further response
6. Application no. C12/1002/23/CR – Listed Building application – The Cottage, Pant Afon, Llanrug.
Conversion and extension of building into a holiday unit.
(i) The Development Control Manager elaborated on the background to the application.
(ii) He explained that the considerations on the application related specifically to the impact of the development on the historical character of the listed building.
(iii) Taking advantage of the right to speak, an objector said that the unit subject to the application was a part of an outbuilding, and that the other part of the building was not owned by the applicants.
It was noted that any development to the building would affect the yard and those living in the Pant Afon main house. It was accepted that the building should be renovated, but it was emphasised that the use made of it should be acceptable to those living in Pant Afon throughout the year.
(iv) The local member (who was not a member of this Planning Committee) noted that the Ancient Monuments Society should supervise any development. He also drew attention to the observations of the Georgian Group who did not object to the proposal, but noted the need to retain original features if possible.
RESOLVED to approve the application.
Conditions: Commence the work within five years Slates on the roof Timber framed windows Frosted glass windows in first floor bathroom Photographic report The blocked door must be set back 30mm
7. Application no. C12/1123/22/LL – Land near Tir Capel Bach, Penygroes
Construct six two-storey houses (two affordable), together with a new service road.
(i) The Development Control Manager expanded on the background to the application and noted that the site was within the development boundaries and was designated for residential development.
He added that the planning officers did not consider that the development would have a detrimental impact on the adjacent listed building, namely Capel Bach, Penygroes.
(ii) In response to an enquiry from a member who expressed concern regarding flood risk, the Manager referred to the observations of the Land Drainage Unit. The Unit
14 Planning Committee 26.11.12 stated that amendments, which proposed piping only part of the watercourse, had been received and agreed on.
RESOLVED to delegate powers to the Senior Planning Service Manager to approve the application, subject to the applicant signing a 106 Legal Agreement regarding the provision of affordable housing.
Conditions: Commence the work within five years Comply with the plans Materials Welsh Water conditions Highways Withdrawal of permitted rights from the affordable units Comply with the requirements of the Level 3 Code Landscaping.
8. Application no. C12/1189/11/LL – Fron Oleu, The Crescent, Bangor.
Construct a four-storey dwelling.
(i) The Development Control Manager expanded on the background to the application.
(ii) He noted that the proposed house would complement the nearby houses, and that one house at the end of a terrace would not cause a detrimental impact.
(ii) He explained that a tree would have to be felled near the site, whether the development proceeded or not, since the roots could impact on a nearby house.
(iv) A correction was made to the written report and it was explained that it should note ‘Policy CH3’ which related to new houses on unallocated sites within the development boundaries of the sub-regional centre and the urban centres, rather than ‘Policy CH1’.
(v) Taking advantage of the right to speak, the applicant’s agent said that the building had been designed to complement adjacent buildings, and to blend in with the streetscape. He added that the same care had been taken with the materials, with a render finish and Welsh slates on the roof. He added that the Council’s Biodiversity Unit had received recommendations made with regard to replanting trees and other hedgerows. He noted further that the plan for the entrance and parking had been received by the Council’s Transportation Unit.
(vi) Taking advantage of the right to speak, the local member (a member of this Committee) noted that she had some concern regarding the application, and she made the following main points: The site was within a conservation area, and the Council’s policies set clear criteria, including the need to enhance, when developments were made on allocated sites; The intention was to build a house at the end of a terrace, and there was a risk for it to appear completely new and prominent, compared with the older houses, although efforts had been made to use a similar design and materials;
15 Planning Committee 26.11.12
Much more attention needed to be given to the fact that the site was within the garden of a listed building; Landscaping would be lost; There was a lack of parking spaces on an adjacent road, which was extremely narrow.
The local member referred particularly to the fact that the application submitted was for a single dwelling house, and she did not wish to see this changing to be a unit of multiple occupancy. She therefore called for a condition to be imposed which would ensure that this would not change, and that it would remain as a single dwelling.
(vii) In response, it was noted that such a condition would not be effective, as any application in future would have to be considered on its own merits.
(viii) The Senior Development Control Officer – Transportation noted that there were traffic problems along the adjacent narrow road. However, he said that the development would include two parking spaces within the curtilage of the house, and that this would impact very little on the current problems.
RESOLVED to approve the application.
Conditions: Commence the work within five years In accordance with plans In accordance with the design and access statement Level 3 Code conditions Finish to be of render Slate Highways conditions Welsh Water conditions Trees conditions Withdrawal of permitted rights
9. Application no. C12/1193/22/LL – The Rectory, Llanllyfni, Caernarfon.
Construction of new two-storey dwelling
(i) The Development Control Manager expanded on the background to the application.
(ii) He noted that a previous application had been refused earlier this year through the Council’s delegated rights. At the time, the planning officers were of the opinion that the house, due to its size and its setting, would have a detrimental impact on the setting of Llanllyfni Church, which was a listed building.
However, following discussions, plans were received where the house had been set back, and the height of the ridge reduced. The proposed design also reflected the design of the adjacent Rectory.
(iii) A correction was made to the list of relevant policies, explaining that policy CH1 should have been noted rather than CH4.
RESOLVED to approve the application.
16 Planning Committee 26.11.12
Conditions: Commence the work within five years In accordance with the plans In accordance with the design and access statement Level 3 Code conditions Front and side elevations to be of stone finish Slate Highways conditions Welsh Water conditions
At the end of the discussion a member of the public, who intended to submit observations objecting to the application, expressed dissatisfaction.
Following a discussion, the Legal Services Manager explained that there was a procedure to follow in respect of members of the public’s rights to speak in meetings of the Planning Committee.
Those who wished to speak were required to request this beforehand. A letter of acknowledgment would be sent explaining the procedure, but the information regarding when a matter would be considered appeared on the web.
In respect of this particular case, another individual had submitted a request to speak, but had not been permitted because the request had been received too late.
Although they sympathised with the circumstances, the members agreed that there was no choice but to adhere to the procedure and be consistent.
10. Application no. C12/1283/30/AM – Part of field O.S. no. 1254 near Efail Bach, Rhoshirwaun.
Resubmission – construct two affordable dwellings.
(i) The Development Control Manager explained that the Planning Officers were keen to obtain more detailed information, particularly regarding the access to the site, and it would be beneficial for the application to be deferred.
(ii) In addition to the written report, the observations of the Strategic Housing Unit were received which noted that Tai Teg had stated that one person had expressed his/her wish to live in the area of Rhoshirwaun.
RESOLVED to defer the application in order to allow time for the Planning Officers to obtain further information, particularly in relation to the access to the site.
The meeting commenced at 1pm and concluded at 4:10pm
17 MEETING PLANNING COMMITTEE
DATE 17 December 2012
TITLE Café Pavement Facilities – Pethau Melys, Porthmadog
PURPOSE To consider appeal against Council’s refusal to grant consent
RECOMMENDATION To refuse the appeal
REPORT BY Aled Davies – Head of Regulatory Department
PORTFOLIO LEADER Councillor W. Gareth Roberts, Senior Portfolio Leader – Environment
1. BACKGROUND
1.1 The purpose of this report is to ask the Committee to consider an appeal submitted on behalf of the proprietors of Pethau Melys, 10 Pen Cei, The Harbour, Porthmadog, against the Head of Regulatory Department refusal to grant permission for a pavement licence to place café pavement facilities consisting of tables and chairs placed on the public highway opposite Pethau Melys, The Harbour, Porthmadog.
2. SECTION 115: HIGHWAYS ACT 1980
2.1 Under the provisions of Section 115 of the Highways Act 1980, the Council as Local Highway Authority is given powers to authorise and licence pavement café facilities, recreation and amenities on the public highway. Such facilities would otherwise be unlawful under various other provisions of the Act and would constitute an unauthorised obstruction of the highway.
2.2 In June 2006, the Authority resolved to implement a policy of granting licences to provide café facilities and to operate facilities for recreation or refreshments under section 115 of the Highways Act. This approach allows the Authority to regulate and control the placement of tables and chairs on the highway in accordance with its statutory duty. The licensing scheme aims to achieve a balance between safeguarding the rights of the public to the use and enjoyment of the highway whilst at the same time, allowing businesses to operate facilities which support local employment, improve visual amenities and viability of town centres.
2.3 Members will be aware that there is a widespread stakeholder support for the policy with representations made by access groups that facilities must be licensed and measures taken to mitigate the extent of obstruction caused by café pavement facilities placed outside restaurants, cafés and public houses.
2.4 However, the licensing procedure is complex and requires extensive consultation including the approval of adjacent frontages before consent can be given.
3. LEGAL PROTOCOL AND TECHNICAL CRITERIA FOR APPROVAL
3.1 Applications for pavement cafés are assessed in accordance with Council’s “Technical Criteria and policy for approval of licences”. These requirements which have a direct bearing on the appeal are listed in paragraphs 3.2 to 3.6 below.
1 3.2 In providing amenities on the highway, or granting permission to others to do so, it is paramount, in all instances, to ensure that in any event, no obstruction will be caused that would compromise the safety of road users, or access to apparatus, or the carrying out of any highway work.
3.3 Applications for pavement cafés will be assessed on their inter-relationship with the street and whether the facilities provided. - 1. adds to the visual amenities of the street scene, 2. is beneficial to the success of local business and; 3. improves the attractiveness of town centres.
Only well designed proposals which are sensitive to the surroundings will be considered.
3.4 Outside café areas must be clearly related to the unit from which they are serviced. Applications for external cafés that are not related, or in close proximity to the main use of the premises will not be considered.
3.5 Any proposals should not hinder the reasonable use and enjoyment of the highway, cause nuisance to adjacent frontages, or interfere with apparatus or access to apparatus within the highway and shall comply with all statutory requirements, which the applicant will be required to ensure.
3.6 With all such facilities, it is desirable to maintain an absolute minimum footway width of 1.8m; and in some heavily trafficked pedestrian areas may require to be greater.
3.7 Any appeal against refusal of consent by the Head of Service is to be considered by the appropriate Council Committee.
4. DESCRIPTION OF PROPOSAL
4.1 The application was submitted by the proprietor of Pethau Melys, 10 Corn Hill, Pencei, Porthmadog for consent to place pavement café facilities consisting of 2 tables and 8 chairs on the highway pavement directly opposite their premises. The extent of the proposed licenced area is shown on the attached plan reference S/115/D19 dated 24th April 2012. This area can be accessed from the cafe itself by crossing a road and is situated on the pavement opposite.
4.2 A separate application to provide pavement café facilities immediately outside the premises and consisting of 2 tables and 8 chairs has been approved on the 8th May 2012.
5. SECTION 115 CONSULTATION
5.1 The following consultations have been received in respect of the application:
5.2 Cyngor Tref Porthmadog No Objection
5.3 Planning Authority No objection in principle
5.4 Licencing Authority No objection in principle
2 5.5 Council’s Access Officer The tables and chairs on the pavement on the opposite side of the road to the café would narrow the footway for pedestrians, wheelchair users and the blind or partially sighted and place both customers and staff at potential risk from a road open to vehicular traffic. The Council would have to exercise caution in considering the application, given that the duty on the Authority is to assert the safe and unobstructed use of the highway.
5.6 North Wales Police No response
5.7 Public Consultation No response has been received
5.8 Letters of Support Dafydd Ellis Thomas (AM for Dwyfor/Meirionnydd) Councillor E. Selwyn Griffiths
6. HIGHWAY AUTHORITY – DECISION TO REFUSE CONSENT
6.1 In its decision notice dated 26th June 2012, the Council’s Head of Service, Regulatory Department refused consent for the reasons noted in paragraphs 6.2 to 6.3 of this report.
6.2 The provisions of pavement cafe facilities on the opposite side of a public vehicular highway would pose a threat to highway safety. This would represent a safety risk as a consequence of either patrons using the facilities; or persons delivering food and beverages from the main café premises located on the opposite side of the road.
6.3 The relationship between the external café pavement facilities would not be immediately apparent to the business unit from which it is serviced. As such, this would contravene the approval policy and criteria as noted in paragraph 3.4.
7. GROUNDS OF APPEAL IN THE SAME NUMERICAL ORDER AS REFUSAL DECISION
7.1 The grounds of appeal submitted by the Appellant are as follows:-
7.2 “I would like to make it clear that the road in question is a cobbled road and leading to a dead end, and whilst I appreciate that the road is used by vehicles these vehicles are few and far between and drive at sensible speed due to the condition of the road. This road is already crossed by customers to get to the cafe and often in busy periods customers take trays across the road to sit on the wall”.
7.3 “There are only two business located within this area of the harbour, ourselves and the Pen Cei pub. The tables that we are proposing would be a mirror image of the tables we currently have a licence for outside the cafe. They would have matching table cloths and chairs and also a copy of our menu. I would hope that this would make it obvious that they belong to us as they are less than 15 yards from us and directly opposite the other two”
3 7.4 “During this current economic climate I would have thought that the local council would be happy for small local business run by young people to expand but it would seem increasingly difficult to do so. We would have appreciated a site visit before such decisions were made to that these points could have been discussed in person and the Regulatory Department as Licensing Authority could have seen the area, the amount of traffic, how the tables would relate to the cafe and how these tables would improve not only our business but also give the harbour some sense of life and activity”.
7.5 “It has been said that since we took over this building (which was prior a fish restaurant which had been closed for 6 years but did in fact have tables across the road) that we have injected some life into the harbour and created a nice quite place to sit during the summer with a safe area for children to play. As residents ourselves (we occupy the flat above the café) we have no intention of these tables being a nuisance for the local residents or any increase of litter and would ensure that the area would be kept clean as we already regularly clean the pavement outside the cafe we have no objections to adopting the same methods for this area”.
7.6 “We would appreciate if our application could be considered again and perhaps a site visit so we can further discuss this situation”.
8. CONCLUSION
8.1 Despite representations made to the contrary, it is the Regulatory Department’s view that the proposal constitutes an unacceptable high level of risk to highway safety relating to the location of the site and in particular the requirement to cross the vehicular highway, to and from Pethau Melys, to either use the facilities or service the pavement café. In particular, there is concern that the necessity to carry hot food and beverages to the pavement site is likely to lessen the awareness of staff or patrons to the extent that they are not immediately aware of their surroundings and are distracted from the risk of moving vehicular traffic to the detriment of highway safety.
8.2 It is believed therefore that a decision to grant consent would be inconsistent with public road safety and the obligations placed on Gwynedd Council as the Highway Authority.
8.3 In addition, due to the distance between the proposed pavement site and the premises, the Regulatory Department is not convinced that the relationship between the outside café area and unit from which it is serviced is immediately apparent or obvious to the extent that it complies with clause 3.4 of the approval policy.
8.4 Members should also be aware that in order to grant permission, the Authority must have the consent of the owner with an interest in any premises adjoining the part of the highway on which the pavement café facilities are to be placed. In terms of this application, Gwynedd is itself the owner of such premises compromising an area of land between Pencei and Porthmadog Harbour.
9. RECOMMENDATION
9.1 Having considered the above and given full consideration to the grounds of the appeal, and representations made, it is the Regulatory Department’s view that
(i) permission should be refused, and the appeal should be dismissed.
4 Cyngor Gwynedd Council / Gwynedd Council Adran Rheoleiddio / Regulatory Department Gwasanaeth Trafnidiaeth a Gofal Stryd / Transportation and Streetcare Service Swyddfa’r Cyngor / Council Offices Caernarfon Gwynedd LL55 1SH Ffôn / Tel (01286) 679521 Ffacs / Fax (01286) 673738
Cais am drwydded i ddarparu cyfleusterau caffi palmant ar y Briffordd Application for a licence to provide pavement café facilities on the Highway
Mae’r cynllun a weithredir gan Gyngor Gwynedd yn cwmpasu’r mater o drwyddedau yn unol ag adrannau 115C, 115E, 115F ac 115K Rhan VII Deddf Priffyrdd 1980, sy’n caniatau darparu cyfleusterau ar y Briffordd (troedffyrdd a mannau cerddwyr yn unig) ar gyfer treuliant bwyd a/neu ddiodydd.
The scheme which is operated by Gwynedd Council covers the issue of licences pursuant to sections 115C, 115E, 115F and 115K of Part VII A of the Highways Act 1980 allowing the provision of facilities on the Highway (footways and pedestrian areas only) for consumption of food and/or beverages.
MANYLION Y CAIS / APPLICATION DETAILS
S115D19 Rhif Cais / Application Number……………………………………………………………………………………………….
Pethau Melys (Safle 2 / Site 2) Enw’r Sefydliad / Establishment Name………………………………………………………………………………………
10 Corn Hill, Pencei, Porthmadog, Gwynedd, LL49 9AT Cyfeiriad / Address……………………………………………………………………………………………………………..
Ty Coffi a Crefft / Coffee House and Craft Shop Math o Fusnes / Type Of Business…………………………………………………………………………………………..
A fyddech cystal â nodi a oes amod ar drwydded i eiddo a roddwyd i werthu alcohol dan Ddeddf Trwyddedu 2003 sy’n gwahardd bwyd, diod ac alcohol y tu allan i’r eiddo.
Please state whether any condition exists on a premises licence granted for the sale of alcohol under the Licencing Act 2003 which prohibit the consumption of food, drink or alcoholic beverages outside the premises.
OES / NAC OES YES / NO CYFLEUSTERAU AR GYFER TREULIANT BWYD A DIOD FACILITIES FOR THE CONSUMPTION OF FOOD AND BEVERAGES 8 2 Nifer y cadeiriau / No. of chairs……………………………Nifer y byrddau / No. of tables…………………………………
Arall / Other ……………………………………………………………………………………………………………………….
Cyfleusterau toiled ac ystafell ymolchi / Toilet and washroom facilities Na / No ……………………………………………………………………………………………………………………………………...
…………………………………………………………………………………………………………………………………….. Rhowch fanylion llawn am eich dull(iau) o gyflawni’r safonau gofynnol o lanweithdra o fewn y safle a drwyddedir. Give full details of your method(s) to achieve the required standards of cleanliness within the licensed area.
……………………………………………………………………………………………………………………………………..
…………………………………………………………………………………………………………………………………….. Sut ydych chi’n bwriadu symud/diogelu’r Cyfleusterau Cytunedig ar ddiwedd pob diwrnod gwaith? How do you intend to remove/secure the Agreed Facilities at the end of each business day?
Byrddau a chadeiriau i gael eu cloi mewn siop dros nos / Tables and chairs to be locked in shop overnight. …………………………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………………………….
Pethau Melys (S115D19) Safle / Site 2 Nodyn oddiwrth Tom Gloster (Perchennog / Rheolwr) Gan nad ydym ond yn gwerthu te, coffi, byrbrydau ysgafn a chrefftau ac ar agor rhwng 10am a 6pm yn ystod cyfnod yr haf, nid ydym eisiau tarfu ar breswylyr eraill yr ardal, am mai nhw yw ein cymdogion. Rydym yn byw yn y tŷ sydd uwchben y siop ac yn dymuno cadw’r ardal yn lân ac yn daclus pob amser.
Mae’r cwsmeriaid yn yfed eu diodydd ar y wal yn ystod tywydd braf a byddai cael byrddau a chadeiriau’n gwneud pethau’n fwy diogel oherwydd y byddem ni’n gyfrifol am gadw’r ardal yn lân. Yn ogystal, gallai’r rhieni ganiatáu i’w plant chwarae’n ddiogel ar y glaswellt wrth iddynt hwythau eistedd ar yr un ochr i’r ffordd.
Mae croesi’r ffordd yn destun pryder i’r cyhoedd oherwydd diogelwch, ac fe fyddwn yn cynnwys rhybudd diogelwch y ffyrdd, ‘Byddwch yn ofalus wrth groesi’r ffordd’, ar y bwydlenni ar y byrddau.
Mae cwsmeriaid yn croesi’r ffordd i’n cyrraedd ni ac felly maent yn ymwybodol mai ychydig o geir sy’n mynd heibio, fod y ffordd yn bengaead, ai bod wedi’i hwynebu â chobls sy’n arafu’r ceir ac yn ei gwneud hi’n haws i glywed y ceir yn dynesu.
Note from Tom Gloster (Owner / Manager)
As we only sell tea, coffee, light snakes and craft and open between 10am and 6pm in the summer, we don't want to disturb the other residents in the area as they are our neighbours, we live in the house above the shop we want to keep the area clean and tidy at all times.
Customers take there drinks to sit on the wall when it is sunny and by having tables and chairs would be safer and then it will be our responsibility to keep the area clean, also parents could let there children play on the grass safely as the parents can sit on the same side of the road.
Crossing the road is a safety concern to the public and our self’s and we will place road safety 'Please be careful crossing the road' on the menus on the tables,
Customers cross the road to get to us so they know the road has a few cars going past the road is a dead end, cobbles on the road slow the cars down and makes it easier to hear the cars coming.
PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Number: 1 PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Application Number: C12/0986/20/LL Date Registered: 21/11/2012 Application Type: Full - Planning Community: Y Felinheli Ward: Y Felinheli
Proposal: FULL APPLICATION FOR THE ERECTION OF A THREE-STOREY DWELLING Location: SITE NEAR - 11 CAERNARFON ROAD, Y FELINHELI, GWYNEDD, LL564RZ
Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:
1. Description:
1.1 Full application for the erection of a three-storey dwelling.
1.2 The site is located within the development boundary of Y Felinheli on the outskirts of Caernarfon Road. There is a cluster of houses to the direction of Caernarfon from the site and there is a row of houses opposite. Planning permission has already been granted on land directly next door to this site for a block of four residential flats. The site is located on the boundary of land that has been designated as protected open land.
1.3 It is intended to erect a three-storey dwelling, which will appear to be two-storey from the Caernarfon Road public highway. The property measures 7.6m in height to the ridge from this elevation. There are two proposed balconies on the rear elevation and it will measure 10.2m in height from this elevation. The roof pitch is different to the other properties along this road. The dwelling contains two bedrooms and will measure 7.6m wide and 7.9m long.
1.4 It is proposed to provide one parking space for the development which was part of the plan for the block of four residential flats; which means that parking spaces for the flats are reduced to four.
1.5 The application has already been submitted to the Planning Committee but it was deferred in order to confirm the location of the proposed house in the context of the Lôn Las Menai path near the site and to confirm the distance between the footpath and the proposed house. Revised plans (21.11.2012 AL(0)02G and AL.0.01) have been received which show the location of the footpath and it confirms that the distance between the gable end of the house and the footpath is 2.2m at its closest. This means that the balcony is 1m away from the boundary of the property and the footpath at its closest. The revised plans do not change the location or design of the proposed house. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
2. Relevant Policies:
2.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that planning decisions should be in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.
2.2 Gwynedd Unitary Development Plan 2009:
POLICY B22 – BUILDING DESIGN Promote good building design by ensuring that proposals conform to a series of criteria aimed at safeguarding the recognised features and character of the local landscape and environment.
POLICY B23 – AMENITIES Safeguard the amenities of the local neighbourhood by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features and amenities of the local area.
POLICY 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 CH4 – NEW DWELLINGS ON UNALLOCATED SITES WITHIN THE DEVELOPMENT BOUNDARIES OF LOCAL CENTRES AND VILLAGES Approve proposals to build new dwellings on unallocated sites within the boundaries of Local Centres and Villages provided they conform to criteria aimed at ensuring an affordable element within the development.
POLICY CH22 – CYCLING NETWORK, PATHS AND RIGHTS OF WAY All parts of the cycling network, footpaths and rights of way will be protected by encouraging proposals which will incorporate them satisfactorily within the development and by prohibiting plans to extend the cycling network, footpaths or rights of way. Should this not be possible, appropriate provision will have to be made to divert the route or to provide a new and acceptable route.
POLICY CH33 – SAFETY ON ROADS AND STREETS Development proposals will be approved provided they can conform to specific criteria relating to the vehicular entrance, the standard of the existing roads network and traffic calming measures.
POLICY CH36 – PRIVATE CAR PARKING FACILITIES Proposals for new development, extensions to existing development or change of use will be refused unless off-street parking is provided in accordance with the Council’s current parking guidelines, and having given due consideration to the accessibility of public transport, the possibility of walking or cycling from the site and the proximity of the site to a public car park.
2.3 National Policies:
TAN 12 Design Planning Policy Wales (Fifth edition), November 2012 PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
3. Relevant Planning History:
C07A/0300/20/LL replace dwelling and create a new access APPROVED 04.07.2007
C09A/0182/20/LL construct a block of four residential units and parking spaces APPROVED 14.08.2009
4. Consultations:
Community/Town Council: Object on the following grounds:
Overdevelopment of the site. This proposal affects parking sites which have already been approved under a previous application for flats. The plans show that part of the lay-by will be used as part of the application. That the proposal affects the development of Lôn Las. Additional pressure on existing parking – people already park on the road which means that the width of the highway is reduced. Existing pavement is sub-standard. Health and Safety of road users is affected.
Transportation Unit: Parking provision for this development is part of the provision which has already been granted and does not affect the public lay-by further.
Environment Agency: No objection – standard observations.
Welsh Water: Standard conditions.
Countryside Council: No objection PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Public Consultation: A notice was placed on the site and nearby residents were informed. The consultation period ended on 2 October and four letters / correspondences were received objecting to the application on the following grounds:
Conditions imposed on the land in relation to the old railway track. There was a landslide in the area in the 1980s. Overdevelopment of the land in addition to the flats which have already received planning permission. Use of parking space designated for the users of the nearby flats. Increasing pressure on existing parking spaces within the existing lay-by. The only pavement which exists within this area is the one on the same side as the development – which causes danger to users. Plans are incorrect in relation to how much of the lay-by will be lost. Noting that an accident has occurred in this location when a car hit another car which was parked on the side of the road. Noting other accidents which have occurred on this road. Noting that the police place a speed measuring vehicle outside the proposed site and claim that it is an area where speeding occurs. The proposed dwelling causes loss of light and privacy as it is three-storey. The proposal will mean that there will be more cars in the area and, therefore, more noise.
5. Assessment of the material planning considerations:
Principle of the development
5.1 Policy CH4 of the Gwynedd Unitary Development Plan involves proposals for new houses on sites which have not been designated within the development boundaries of local centres and villages; and states that similar proposals should be approved if criteria stating that a percentage of the units on every site (which will vary from site to site) are affordable can be satisfied. In this case, the proposal is for 1 two bedroom dwelling only and, therefore, an affordable percentage cannot be requested. It is considered that the criteria are not relevant in this case and, therefore, that the proposal is acceptable.
Visual, general and residential amenities
5.2 Policies B22, B23 and B25 of the Gwynedd Unitary Development Plan involve assessing the design, amenities and external materials of the proposal. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
5.3 The proposal involves erecting a three-storey dwelling on the site. The site levels mean that the dwelling appears three-storey from the rear and the elevation from the Menai Straits and that the dwelling appears two-storey from the front and the elevation from Caernarfon Road. It is intended to install a pitched roof which is different to the other roofs along this road. The height of the property is 2m lower than the flats which have been granted permission directly next door to the site, and is 0.3m higher than the ridge of the roof of 13 Caernarfon Road.
5.4 A kitchen window on the first floor faces the flats development which has been approved directly next door to the site. Despite this, the window faces the wall of the flat building, and the flats’ windows face the wall of the proposed dwelling. Therefore, it is considered that there is no overlooking as a result of this proposal on the side of the flats. The other side of the dwelling faces vacant land owned by the Council. The majority of this land is protected as Open Land apart from a narrow wedge shaped piece of land directly next door to the proposed site. There are several windows on this side of the proposed dwelling including a balcony on the top floor which runs along the rear of the property and around the corner of the property to this elevation. However, the proposal does not cause significant overlooking which affects the amenities of any individual.
5.5 The revised plan (AL(0)02G) shows the location of the proposed house in the context of the proposed Lôn Las Menai footpath which has already received planning permission. The footpath and the proposed house have both been marked out on the site already and the plan corresponds with the site entirely. There is 2.2m between the gable end of the house and the boundary between the property and the footpath (where a fence would be erected) at its nearest. There is 3.2m between the gable end of the house and the boundary between the property and the footpath at its furthest. It is proposed to install a balcony on the first and second floors on the rear elevation which will be supported by legs which will create a canopy above the lowest floor. The edge of the balcony is 1m away from the boundary between the property and the footpath at its nearest and 2m away at its furthest. There is a condition on the planning permission for the footpath to agree on a fence to be installed on the boundary; it is considered that it will be possible to agree on the height and material of an appropriate fence between the land owners and then for that to be agreed by the Local Planning Authority.
5.6 Despite the proximity of the footpath to the proposed house, it is not considered that it is likely to have a detrimental effect on the footpath users and it is not considered that the footpath will have a detrimental effect on the proposed house or on any prospective occupiers.
5.7 It is intended to finish the dwelling in a render of a colour to be agreed with the Local Planning Authority, as well as placing slates on the roof. A copy of the sustainable homes code pre-assessment report has been included with the application which shows that the plans comply with level 3.
5.8 Consequently, it is considered that the proposal complies with all the requirements of policies B22, B23 and B25 of the Gwynedd Unitary Development Plan involving assessing the design of the proposal, amenities and external materials. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Transportation and access matters
5.9 Policies CH33 and CH36 of the Gwynedd Unitary Development Plan involve assessing the impact of proposals in terms of safety on roads and streets along with providing private parking facilities.
5.10 The proposal offers a private parking provision of one parking space for the two bedroom dwelling. This parking provision is part of a provision which has been granted permission under reference number C09A/0182/20/LL for a block of four residential units on adjacent land under the same ownership as the applicant. Despite this, the Transportation Unit has confirmed that five parking spaces comply with the statutory requirements for parking provision for a block of four residential units as well as the proposed dwelling that is subject of this application. These parking spaces are in addition to the existing public lay-by which exists near the site.
5.11 On the above grounds and on grounds that the Transportation Unit does not have any objection regarding safety on roads and streets, it is considered that the proposal complies with policies CH33 and CH36 of the Unitary Development Plan.
5.12 Policy CH22 of the Gwynedd Unitary Development Plan deals with safeguarding all parts of the cycling network, footpaths and rights of way by encouraging proposals to incorporate them satisfactorily within the development and by refusing proposals which will prohibit plans to extend the cycling network, footpaths or rights of way. As noted above, the footpath lies within 1m to the balcony of the proposed house at its nearest but despite this, it is not considered that the proposal will have any detrimental impact on the footpath or prevent individuals from using it as a footpath. Therefore, it is considered that the proposal complies with the requirements of this policy.
Response to the public consultation
5.13 As mentioned above, several objections have been received as a result of this proposal. The points are discussed individually and collectively below:
This proposal affects parking sites which have already been approved under a previous application for flats. Use of parking space designated for the users of the nearby flats. The plans show that part of the lay-by will be used as part of the application. Additional pressure on existing parking – people already park on the road which means that the width of the highway is reduced. Increasing pressure on existing parking spaces within the existing lay-by. The only pavement which exists within this area is the one on the same side as the development – which causes danger to users. Plans are incorrect in relation to how much of the lay-by will be lost. Noting that an accident has occurred in this location when a car hit another car which was parked on the side of the road. Noting other accidents which have occurred on this road. Noting that the police place a speed measuring vehicle outside the proposed site and claim that it is an area where speeding occurs. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
5.14 The parking provision in relation to the planning permission which has already been approved under C09A/0182/20/LL and this proposal has already been discussed above. The numbers of parking spaces for the two developments satisfy standard requirements and the Transportation Unit does not object to this proposal on grounds of parking provision or detrimental impact on safety on roads and streets.
5.15 The proposed plans submitted as part of the application include part of the plan permitted under C09A/0182/20/LL in relation to providing parking spaces only. There is no physical change between the parking plan which has already been approved under the previous application and that shown in this application. The plan shows that one of the parking spaces is to be designated for the proposed dwelling that is the subject of this application only.
5.16 The plan approved under reference no. C09A/0182/20/LL shows that the visibility corner of the lay-by is adopted into the parking plan and this has already been approved. The latest revised plan also shows an outline of the existing lay-by in pink and it corresponds with the plans which have already received permission. Additionally, the applicant has marked the corner of the parking space which extends to the visibility corner of the lay- by on the site; and this corresponds to the plans which have already been submitted. The public parking spaces within the lay-by continue as existing.
That the proposal affects the development of Lôn Las Menai.
5.17 The amended plan (AL(0)02) shows the location of the proposed Lôn Las Menai footpath. The location of the footpath has been marked on the site and the amended plan conforms to the site. It is considered that the proposal will not have a detrimental effect on the Lôn Las Menai footpath.
Conditions imposed on the land in relation to the old railway track.
5.18 Any condition imposed on the sale of land is a civil matter and not a material planning consideration to be assessed with the merits of the application.
There was a landslide in the area in the 1980s.
5.19 No evidence has been submitted to confirm the location of any recent landslide or to suggest that the condition of the land is sub-standard for development.
Overdevelopment of the land in addition to the flats which have already received planning permission. The proposed dwelling causes loss of light and privacy as it is three-storey. The proposal will mean that there will be more cars in the area and, therefore, more noise.
5.20 The site is located within the development boundary of Y Felinheli and the application site is adequate for the proposed dwelling. Private parking provision is offered as part of the application and, therefore, it is not considered that the proposal is tantamount to an overdevelopment of the site. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
5.21 Despite the property being three-storey, it appears to be two-storey from Caernarfon Road and it measures 2m lower than the block of four dwellings that has been approved directly next door. The dwelling is located within 3.5m of the neighbouring block of dwellings, however, the land is within the same ownership. The dwelling is located over 16m away from any other private properties not owned by the applicant and there is a public highway between those properties and the application site. Therefore, it is not considered that the proposal causes loss of light and privacy to any neighbouring properties.
5.22 It is not considered that the likely increase in vehicles as a result of this application will cause a significant increase in noise, as the application site is located on the side of a highway which is used by cars in any event.
6. Conclusions:
6.1 In view of the above assessment, I do not consider the proposal to be contrary to any relevant policy. The proposal is unlikely to have a detrimental effect on the amenities of the local area or any nearby properties.
7. Recommendation:
7.1 To approve – conditions five years in accordance with the plans slate roof colour of finish to be agreed in accordance with the design and access statement code for sustainable homes Welsh Water details of boundary fence with the Lôn Las Menai path to be agreed remove permitted development rights PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Number 2 PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Number: 2
Application Number: C12/1198/13/LL Date Registered: 18/10/2012 Application Type: Full - Planning Community: Bethesda Ward: Ogwen
Proposal: APPLICATION FOR THE ERECTION OF 7 INDUSTRIAL UNITS AND STORAGE YARD TOGETHER WITH ASSOCIATED SERVICES Location: OLD STATION YARD, BETHESDA, BANGOR, GWYNEDD, LL573NE
Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:
1. Description:
1.1 An application to erect seven industrial units and a storage yard together with associated services.
1.2 The site is located on a plot of land behind Bethesda Medical Centre, and the Rugby Club. The site is currently used as a storage yard and office, although the temporary planning permission for this use has terminated since 17 September 2011. There is a fence and a high hedgerow around the site. Access to the site is from the A5, along Station Road and then past and in between the Medical Centre and the Rugby Club.
1.3 The site is located within the defined development boundary for Bethesda and has been designated as a redevelopment site on the supplementary maps in the Gwynedd Unitary Development Plan.
1.4 The proposal includes installing seven single-storey industrial units that measure 10m by 8m each, and are 4.6m high to the ridge. The units are fronted with a wide door and also a small door for pedestrians and one window. The rear elevations offer one window and a single door for pedestrians. The side elevations of the units offer one small window either side (except for the semi-detached units). The units will be of block construction and will be finished in render (colour to be agreed); and steel sheets of a colour to be agreed on the roof.
1.5 Unit 3 contains a yard for storage, parking and storing waste, which is reserved to this site, and it has gates at the front. The area for water drainage and installing sewage treatment works is set to the corner of the site and is screened with vegetation, and is to be used for parking.
1.5 It is proposed to install a 3m high green mesh fence around the site, with security gates at the entrance. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
1.6 It is proposed to create an estate road from the existing access around the site to a cul-de- sac, and through to the other end of the site, which is open. There are footpaths around each unit to provide access to the rear of the units. Each unit contains one parking space (apart from unit 3 which contains a yard for storage, parking and storing waste instead), one parking space for goods and an area for storing waste. There are 10 additional parking spaces, which include two spaces by units 4/5 and 6/7, six spaces located at the centre of the estate, and two in the area where the sewage treatment equipment is located. Disabled parking provision includes two additional spaces; one located in the centre of the estate and the other where the sewage treatment equipment is located. A bicycle storage provision is located on a space in the centre of the estate.
2. Relevant Policies:
2.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that planning decisions should be in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.
2.2 Gwynedd Unitary Development Plan 2009:
POLICY B22 – BUILDING DESIGN Promote good building design by ensuring that proposals conform to a series of criteria aimed at safeguarding the recognised features and character of the local landscape and environment.
POLICY B23 – AMENITIES Safeguard the amenities of the local neighbourhood by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features and amenities of the local area.
POLICY 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 C1 – LOCATING NEW DEVELOPMENT Land within the development boundaries of towns and villages and the developed form of rural villages will be the main focus for new development. New buildings, structures and ancillary facilities in the countryside will be refused with the exception of a development that is permitted by another policy of the Plan.
POLICY CH33 – SAFETY ON ROADS AND STREETS Development proposals will be approved provided they can conform to specific criteria relating to the vehicular entrance, the standard of the existing roads network and traffic calming measures.
POLICY CH36 – PRIVATE CAR PARKING FACILITIES Proposals for new development, extensions to existing development or change of use will be refused unless off-street parking is provided in accordance with the Council’s current parking PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION) 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 D6 – INDUSTRIAL/BUSINESS UNITS WITHIN DEVELOPMENT BOUNDARIES. Approve proposals provided that the site has not been designated for any other use and that the scale, type and design of the development are appropriate for the site and compatible with other existing nearby uses.
2.3 National Policies:
Planning Policy Wales version 5 November 2012 TAN 12 Design
3. Relevant Planning History:
3.1 Application/appeal reference. Application address. Description of the proposal. Decision and date.
C02A/0589/13/LL – Proposed development of four business/storage/light industry units, entrance and parking space. Former Station Yard, Bethesda. APPROVED 12.12.2002.
C07A/0578/13/LL – use land as a temporary yard and office and erect a fence. Station Yard, Bethesda. APPROVED 04.09.2007.
C08A/0207/13/TC – Confirmation at commencement of development permitted under application number C02A/0589/13/LL. Station Yard, Bethesda. APPROVED 18.07.2008.
C09A/0395/13/LL – Renew planning application number C07A/0578/13/LL to use land as a temporary yard and office and erect a fence. Station Yard, Bethesda. APPROVED 17.09.2009.
4. Consultations:
Community/Town Council: Not received.
Transportation Unit: No objection.
Public Protection Not received.
Environment Agency: Proposed conditions relating to installing an oil interceptor on the surface water network, and installing any oil, fuels or chemical storage facilities on impervious bases and within bund walls. Also offer advice on environmental matters.
Countryside Council: No objection.
Access Officer: No objection.
Welsh Water: Confirm that connection to the mains water pipe is possible. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Biodiversity Unit: Not received.
Public Consultation: A notice was placed on the site. The advertising period ended on 15 November 2012 and one letter/correspondence of objection was received:
No objection in principle, but concerns regarding access to the site. The road into the site is narrow with a tight corner by the surgery, which is dangerous because there are no road markings. A possible increase in traffic into the site as a result of the development, which could cause accidents. Access from the A5 into the site is dangerous because of insufficient visibility. Note that the plans should be assessed in accordance with the requirements of the National Park.
5. Assessment of the material planning considerations:
The principle of the development
5.1 Policy C1 of the Gwynedd Unitary Development Plan relates to locating new development. The policy states that land within the development boundaries of towns and villages will be the main focus for new developments, and that new buildings, structures and ancillary facilities in the countryside will be refused with the exception of a development that is permitted by another policy in the Plan.
5.2 In this case, the site received planning permission for developing business/storage units back in 2002, and this permission is still extant following an application to prove so in 2008. Also, the site is located within the development boundary of Bethesda, and is designated as a redevelopment site within the Gwynedd Unitary Development Plan. It is therefore considered that the proposal complies with the requirements of policy C1 of the Gwynedd Unitary Development Plan.
5.3 Policy D6 of the Gwynedd Unitary Development Plan relates to assessing proposals for business or industrial units within development boundaries. The policy states that proposals should be approved provided that the site has not been designated for any other use and that the scale, type and design of the development are appropriate for the site and compatible with other existing nearby uses.
5.4 As mentioned above, the site is located within the Bethesda development boundary, and is designated as a redevelopment site within the Gwynedd Unitary Development Plan. A Development Brief for the entire site states that the site should be redeveloped to provide a comprehensive mixed development, which could include a range of land uses associated with the town centre e.g. tourism or leisure facilities, business or commercial uses, community facilities, and a car park. The site which is the subject of this application is part of this designation – therefore there is further development potential in the future. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
5.5 This proposal is for developing light industrial units in the form of seven small workshops, each measuring 80 square metres. It is considered that this use is suitable for the site, and is a suitable business use which complies with the requirements of the development brief.
5.6 In terms of assessing the proposal against the requirements of policy D6 above, it is considered that the use complies with the land designation, and it is considered that the scale, type and design of the development are suitable for the site and the immediate area, and compatible with existing nearby uses. It is therefore considered that the proposal complies with the requirements of policy D6 of the Gwynedd Unitary Development Plan.
Visual and General Amenities
5.7 Policies B22 and B25 of the Gwynedd Unitary Development Plan relate to assessing the design and external materials of the proposal.
5.8 The proposal includes installing seven single-storey industrial units that measure 10m by 8m each, and are 4.6m high to the ridge. The units offer a front elevation with a wide door together with a small door for pedestrians and one window. The rear elevations offer one window and a single door for pedestrians. The side elevations of the units offer one small window either side (except for the semi-detached units). The units will be of block construction and will be finished in render (colour to be agreed); and steel sheets of a colour to be agreed on the roof.
5.9 It is proposed to install a 3m high green mesh fence around the site, with security gates at the entrance. It is also proposed to landscape the site with vegetation.
5.10 The units are small and are designed in the form of small workshops. It is considered that the buildings are suitable in terms of their scale, design and size, and compatible with the area. It is considered that the proposed materials are suitable, and that the particular colours may be agreed later on through a condition. The fence is considered suitable and typical of an industrial estate like this one. The proposal therefore complies with the requirements of policies B22 and B25 of the Unitary Development Plan.
5.11 Policy B23 of the Gwynedd Unitary Development Plan relates to safeguarding the amenities of the area and any nearby properties.
5.12 It is considered that the proposal is suitable in terms of its scale and design, and also the landscaping measures in the form of a fence and vegetation. It is considered that the development is unlikely to appear intrusive despite it being near several houses, businesses and recreational spaces. Access to the site is provided through the site of the present Medical Centre and Rugby Club, which means there is already traffic in the vicinity. The units proposed here are small, therefore it is not considered that they will generate very heavy traffic. It is not considered that the development is likely to cause a detrimental impact to the area’s visual amenities or to any adjacent properties. It is therefore considered that the proposal complies with the requirements of policy B23 of the Unitary Development Plan.
5.13 Policy B27 of the Unitary Development Plan relates to assessing landscaping schemes, and ensures that permitted proposals incorporate soft/hard landscaping of a high standard PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
which is appropriate for the site and which takes into consideration a series of factors aimed at avoiding damage to recognised features. It is intended to landscape the site with vegetation within specific areas. There are no details regarding the type of vegetation proposed, but it is considered reasonable to impose a planning condition on the permission in order to confirm the landscaping details later on.
Transportation and access matters
5.14 Policy CH33 of the Gwynedd Unitary Development Plan relates to ensuring safety on roads and streets. The proposal uses an existing access to the site which involves leaving the A5 and then driving along Station Road, which is an adopted road, and past the Medical Centre and the Rugby Club on a shared private road. The proposed units are small, and are unlikely to cause a significant increase in heavy traffic. The units are smaller than the units already permitted on the site. The Transportation Unit has no objections to the proposal on the grounds of road safety from the existing network. It is therefore considered that the proposal is not contrary to the requirements of policy CH33 of the Gwynedd Unitary Development Plan.
5.15 Policy CH36 of the Gwynedd Unitary Development Plan relates to private car parking facilities. There is parking provision which contains 20 parking spaces, including two disabled parking spaces. Parking does not include parking on the yard as it is included as part of unit no. 3. It is considered that the parking provision is sufficient, and is distributed appropriately around the site. There is also parking provision for bicycles in a convenient spot in the centre of the site. The site is accessible for public transport and pedestrian links. It is therefore considered that the proposal complies with the requirements of policy CH36 of the Gwynedd Unitary Development Plan.
Response to the public consultation
5.16 A notice was placed on the site. The advertising period ended on 15 November 2012 and one letter/correspondence of objection was received:
No objection in principle, but concerns regarding access to the site. The road into the site is narrow with a tight corner by the surgery, which is dangerous because there are no road markings. A possible increase in traffic into the site as a result of the development, which could cause accidents. Access from the A5 into the site is dangerous because of insufficient visibility. Note that the plans should be assessed in accordance with the requirements of the National Park.
5.17 The development has been assessed above in terms of the impact on road safety, and the transportation unit does not object to the proposal. A section of the road past the Medical Centre and the Rugby Club is privately owned.
5.18 The site is over 1Km away from the boundary of the National Park, and it is not considered that the proposal is likely to cause a detrimental impact to the interests of the National Park. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
6. Conclusions:
6.1 I do not consider the proposal to be contrary to any relevant policy. The proposal is unlikely to have a detrimental effect on the amenities of the local area or any nearby properties.
7. Recommendation:
To approve – conditions 1. commence within five years 2. complete the development in accordance with the plans 3. agree on the colour for the external finish 4. Environment Agency conditions 5. Highways conditions
Welsh Water note PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Number 3 PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Number: 3
Application Number: C12/1247/45/LL Date Registered: 24/10/2012 Application Type: Full - Planning Community: Pwllheli Ward: Pwllheli North
Proposal: VARIARION OF CONDITION 9 ON PLANNING PERMISSION C05D/0693/45/LL TO INCREASE OPENING HOURS FROM 08:00 – 22:00 TO 07:00 – 22:00 Location: ASDA, SAND STREET, PWLLHELI, GWYNEDD, LL535HY
Summary of the TO APPROVE WITH CONDITIONS Recommendation:
1. Description:
1.1 The application involves varying a condition in order to increase the supermarket’s trading hours. It is requested to vary condition 9 on planning permission C05D/0693/45/LL which stated that the supermarket was not permitted to open for trading between the hours of 22.00 and 08.00. The current application requests the variation of the condition so that the store may trade for an additional hour in the morning, i.e. from 07.00 rather than 08.00.
1.2 The site lies within the development boundary of Pwllheli. It is also within the Conservation Area. The site is surrounded with two-storey and three-storey houses as well as flats above businesses.
1.3 The application is submitted to the Committee as three or more objections have been received to the proposal.
2. Relevant Policies:
2.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that planning decisions should be in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.
2.2 Gwynedd Unitary Development Plan 2009: POLICY B4 – DEVELOPMENT WITHIN OR AFFECTING 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. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
POLICY B23 – AMENITIES – Safeguard the amenities of the local neighbourhood by ensuring that proposals conform to a series of criteria aimed at safeguarding the recognised features and amenities of the local area.
POLICY CH33 – SAFETY ON ROADS AND STREETS – Development proposals will be approved provided they can conform to specific criteria relating to the vehicular access, the standard of the existing roads network and traffic calming measures.
2.3 National Policies: Planning Policy Wales (Fifth edition, November 2012)
3. Relevant Planning History:
3.1 C05D/0693/45/LL – a revised application to construct a supermarket, car park and ancillary facilities – Land in Pentre Poeth, Pwllheli – Approved 19 April 2006.
3.2 C06D/0439/45/LL – Revise condition 11 on planning permission number C05D/0693/45/LL to allow using 465 square metres of the total retail floor area for retailing comparison goods – Asda, Sand Street, Pwllheli – Refused 1 November 2006. This proposal was later approved through appeal on 25 May 2007.
3.3 C08D/0019/45/LL – Erect a draught lobby at front entrance – Asda, Sand Street, Pwllheli – Approved 16 March 2008.
4. Consultations:
Community/Town Council: Approve the application on the condition that lorries carrying goods are not permitted to access the site before 7.00am.
Transportation Unit: No recommendation as it is not assumed that the proposed development would have a detrimental impact on any road or proposed road.
Public Protection Unit: Not received. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Public Consultation: A notice was posted on the site and in the press, and nearby residents were informed. The advertising period ended on 22 November 2012 and four letters / items of correspondence were received objecting to the application on the following grounds:
Containers near Llawr Gors are an eyesore and residents have complained to the managers about this over the years. Noise from an extractor fan keeps them awake throughout the night. There is noise from staff arriving in the early hours of the morning or taking their break and smoking and talking loudly outside near Llawr Gors. Have been bothered during the summer months by seagulls sitting and flying around Asda to try and scavenge food from any waste left lying around. Goods lorries arrive very early in the morning, throughout the day and at night, and they park near the back gardens of Llawr Gors and let the engine run, thus generating noise and fumes.
We put up with a lot of noise – refrigerators humming, lorry engines running for long periods of time. Use of forklift trucks and delivery trucks which cause vibration and noise. Also beep their horns often. This happens every day between 7 and 9pm but can happen at any time of the day, including late at night after 10pm. The waste compactor is noisy. An increase in rat problems due to waste disposal methods. Affect the shopping areas of Pwllheli which have already been destroyed. Effect on small traders in the town, and how could they compete with Asda operating for 18 hours a day? Questioned how Asda had increased its hours from 8pm to 10pm without consulting residents who live in the nearby area.
5. Assessment of the material planning considerations:
5.1 General and residential amenities The proposal is for varying a condition with restricts the supermarket’s trading hours. Currently, the supermarket can be open for trading between 08.00 and 22.00 and the current application is for extending this to allow opening at 07.00. The site is surrounded PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
by residential dwellings, and four items of correspondence were received from nearby residents objecting to the proposal. Those objections are outlined above. As can be seen from these objections, many of them relate to noise, for example from the extractor fan, lorries, refrigerators, a forklift truck, waste compactor, staff gathering. They also refer to problems with waste and containers that are an eyesore. These problems are recognised, but it appears that these complaints stem from issues that do not essentially arise from the supermarket’s trading hours. In respect of the lorries, another condition, namely condition 10, on permission C05D/0693/45/LL relates to the hours for receiving goods, and delivery lorries remaining on the site. That condition states that it is not permitted for goods to be delivered or for delivery lorries to remain on the premises between 22.00 and 07.00. The current application does not mean any change to that condition. As can be seen from these hours, goods lorries are permitted to enter the site from 07.00 onwards. The Town Council has stated that it supports the application provided that goods lorries are not permitted to enter the site before 7.00am. The current application does not involve a change to the hours for receiving goods and lorries, therefore lorries will not be able to enter the site before 07.00. Condition 22 of planning permission C05D/0693/45/LL also prevents the storage of chests, distribution trolleys and waste material outside the building at any time. Also, although there is a condition which restricts the trading hours, there is no condition which restricts the hours when staff may work in the supermarket. Although the concerns voiced by nearby residents are recognised, it is not considered that permitting an extra hour of trading would be likely to impact on the matters mentioned in the correspondence objecting to the proposal. It is considered that 07.00 is a reasonable time to trade from the supermarket, and in light of the fact that goods lorries can come into the site from this time onwards anyway, it is not considered that the proposal would cause significant harm to the amenities of the local neighbourhood.
5.2 Transportation and access matters It is not considered that there are implications regarding road safety arising from the extension of one hour to the trading hours. The Transportation Unit does not consider that the proposal would have a detrimental impact on any road or proposed road. It is considered that the proposal is acceptable in terms of Policy CH33 of the GUDP.
6. Conclusions:
6.1 Although the concerns that have been voiced in the letters of objection are acknowledged, it is not considered that those objections essentially relate to the supermarket’s trading hours. Lorries can already enter the site from 07.00 onwards, and it is not considered therefore that increasing the trading hours by an hour in the morning would cause significant harm to the amenities of the local neighbourhood. It is not considered that the proposal would affect road safety.
7. Recommendation: 7.1 To approve – with conditions 1. The supermarket is not permitted to be open for trading between the hours of 22.00 and 07.00. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Number 4 PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Number: 4
Application Number: C12/1270/30/LL Date Registered: 21/09/2012 Application Type: Full - Planning Community: Aberdaron Ward: Aberdaron
Proposal: CONSTRUCTION OF A NEW TWO-STOREY VISITOR BUILDING FOR THE NATIONAL TRUST TO INCLUDE DEMOLITION OF EXISTING OUTBUILDINGS ON THE SITE Location: LAND NR. - HENFAES, ABERDARON, PWLLHELI, GWYNEDD, LL538BE
Summary of the TO DELEGATE POWERS TO APPROVE Recommendation:
1. Description:
1.1 The proposal is for the construction of a new two storey visitor building for the National Trust (NT) and includes the demolition of existing outbuildings on the site. It has been given to understand that the main function of the building itself would be to house an interpretive exhibition. This would provide an interpretive experience based on the landscape of Llŷn and the communities who have lived there. The centre is intended to be an all year round facility and one of the project’s main aims is extending the tourist season and to attract and provide for new audiences. One of the interpretive spaces would have room for approximately 30 people for informal talks or readings and the intention of the NT is to hold occasional presentations as well as making this space available for local groups or individuals. It has also been given to understand that the centre would operate as an educational centre that would enable schools to visit the centre to take advantage of the facilities before undertaking field work to expand their knowledge. Also, it is expected that general information would be available in the centre for visitors, for example, local maps, information about the weather, tide details etc. and that it would have staff and volunteers on hand to offer information about local events and activities such as boat trips, bird watching, learning to surf. The reception area would consist of some space for a shopping area that would be an addition to the main use of the building. The building would also include facilities such as toilets, an office and a staff room.
1.2 The development has been designed as one building but appears as a number of buildings due to its appearance. Two main parts of the pitched roof buildings have slate roofs. The main part would measure approximately 19.3 metres by 7.3 metres and extend to a height of 7.6 metres and there would be a similar design for the other part of the building but this time measuring approximately 12.2 metres by 4.9 metres and extending to a height of 5.6 metres. In addition, the ‘Y Gorlan’ part would measure approximately 10.2 metres by 10.2 metres and it would have a roof around the sides but with an open centre. The proposal would also include ancillary buildings to the main use for refuse / recycling storage, a plant room and a bicycle storage area. The original proposal also showed elements of corrugated sheet roofs but in the updated design and access statement these have been changed to slates with an element of a sedam roof near ‘Y Gorlan’. An amended plan is awaited to reflect these changes. It is also intended to have a lawn that PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
would link with the slope to the north of the site. It is proposed to install solar panels on a section of the building. The buildings would acquire a part of the existing car park but, as part of the application, it is intended to upgrade the existing car park to provide 99 parking spaces including four spaces for the disabled.
1.3 The site is partially located within the development boundary of Aberdaron. It is also located within a conservation area, the Area of Outstanding Natural Beauty (AONB) and the heritage coast. There are a few listed buildings in the proximity of the site. It is located close to the Pen Llŷn a’r Sarnau Special Area of Conservation (approximately 180 metres away), the Aberdaron Coast and Bardsey Island Special Protection Area (approximately 450 metres away), the Seacliffs of Llŷn Special Area of Conservation (approximately 450 metres away) and the Aberdaron Coast Site of Special Scientific Interest (approximately 450 metres away).
1.4 As part of the application, a design and access statement, an ecological report, an archaeological assessment and a flood consequence assessment were received.
1.5 The application is submitted to Committee following receipt of three or more objections to the proposal.
2. Relevant Policies:
2.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that planning decisions should be in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.
2.2 Gwynedd Unitary Development Plan 2009: POLICY B3 - DEVELOPMENTS AFFECTING THE SETTING OF LISTED BUILDINGS - 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 – DEVELOPMENTS WITHIN OR AFFECTING 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 B5 – DEMOLITION OF BUILDINGS IN CONSERVATION AREAS - Proposals to demolish buildings that make a positive contribution to the character and appearance of the conservation area will be refused unless there are exceptional reasons for granting permission.
POLICY B7 - SITES OF ARCHAEOLOGICAL IMPORTANCE - Refuse proposals which will damage or destroy archaeological remains of national importance (whether scheduled or not) or their setting. Also refuse any development which will affect other archaeological remains unless the need for the development overrides the significance of the archaeological remains. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
POLICY B8 – THE LLŶN AND ANGLESEY AREAS OF OUTSTANDING NATURAL BEAUTY (AONB) - Safeguard, maintain and enhance the character of the Areas of Outstanding Natural Beauty by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features of the site.
POLICY B9 – THE HERITAGE COAST - Refuse proposals for any building or structure on the heritage coast unless they can conform to a series of criteria aimed at avoiding significant damage to recognised features.
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 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 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 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 to a series of criteria relevant to the features on the site and to the purpose of the development.
POLICY C1 – LOCATING NEW DEVELOPMENT - Land within town and village development boundaries and the developed form of rural villages will be the main focus for new developments. New buildings, structures and ancillary facilities in the countryside will be refused with the exception of a development that is permitted by another policy of the Plan. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
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 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 provided they can conform to specific criteria regarding the vehicular access, the standard of the existing roads network and traffic calming measures.
POLICY CH36 - PRIVATE CAR PARKING FACILITIES - Proposals for new 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. Consideration will be given to the accessibility of public transport services, the possibility of walking or cycling from the site and the proximity of the site to a public car park. In circumstances where there is an assessed need for off-street parking and when the developer does not offer parking facilities on the site, or where it is not possible to take advantage of the existing parking provisions, proposals will be approved provided the developer contributes to the cost of improving the accessibility of the site or providing the number of necessary parking spaces on another site nearby.
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 conform to certain criteria. 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 for sustainable building (April 2010)
2.3 National Policies: Planning Policy Wales (Fifth Edition, November 2012) Technical Advice Note 12: Design (2009) Technical Advice Note 13: Tourism (1997) Technical Advice Note 15: Development and Flood Risk (2004) Technical Advice Note 22: Sustainable Buildings (2010)
3. Relevant Planning History: PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
3.1 The site has no relevant planning history.
4. Consultations:
Community/Town Council: Following a discussion, it was decided to support the application but with a condition that it should have a slate roof.
Transportation Unit: No recommendation as it is deemed that the proposed development would not have an adverse impact on any road or proposed road.
Public Protection Unit: Not received.
Environment Agency: Having reviewed the Flood Consequence Assessment that was submitted, it is advised that flood risks can be managed in accordance with the Technical Advice Note on Development and Flood Risk. The Flood Consequence Assessment (FCA) has inspected the site’s various flooding sources. Even though the site has flooded in the past, it is agreed that the flood mitigation plan that was completed in 1984 has reduced the risk, although not abolishing it entirely. The risk of tidal flooding was considered in the FCA and we would advise that 50 years of sea level elevations were used (the impact of climate change). We would advise that 75 years should be considered as it would be nearer to the lifespan of this type of plan. As the proposed finished floor levels are higher than the anticipated flooding levels, we are satisfied that an update to the FCA is not required. A condition needs to be imposed on any planning permission to ensure that the floor’s finished level is not lower than 4.5 metres above the ordnance datum.
Welsh Water: Conditions need to be imposed on any planning permission in relation to foul water, surface water, land drainage and that a public sewer crosses the site.
Conservation Officer: The site is located within the Aberdaron Conservation Area and there are several listed buildings nearby. It is not considered that the proposal would have a detrimental impact on the appearance or character of the Conservation Area as the design and size of the proposal is acceptable in terms of architectural issues. Neither is it considered that the proposal would have any impact on the listed buildings as the proposal will not directly affect the appearance or character of these buildings. The proposal is a relatively simple design resembling old traditional external buildings, but it also has relatively modern elements that will be an improvement to what is already on the site. There is no objection to the proposal.
Countryside Council for Wales: The site is located close to the Pen Llŷn a’r Sarnau Special Area of Conservation, the Aberdaron Coast and Bardsey Island Special Protection Area, the Seacliffs of Llŷn Special Area of Conservation and the Aberdaron Coast Site of Special Scientific Interest but it is not considered that the proposal would directly or indirectly affect PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
the features, functions or integrity of any statutory protected sites.
Satisfied that the bat and birds report that was prepared is acceptable. The survey indicated that there are no traces of bats inside or outside the buildings that are to be demolished. Also, due to the structure of the buildings they did not have the potential to be a bat roost. Therefore the proposal not likely to impact on a bat roost.
Do not consider that the proposal in its current form will have any significant impact on the landscape value of the area, including the function of the AONB. To conclude, the development is not likely to have an adverse effect on the interests of natural heritage and therefore there is no objection to the proposal.
Biodiversity Unit: The application needs to provide a bat survey report. The survey will have to be undertaken during the summer (May to the beginning of September).
AONB Unit: The site currently has several single-storey buildings with an asbestos pitched roof and the buildings do not make a positive contribution to the site or the area and there is no objection to demolishing these sub-standard buildings. It is proposed to construct two new buildings as well as an enclosed area known as ‘Y Gorlan’. The idea of developing a building that is similar to a two-storey warehouse is understood, but these type of buildings are not common in the seaside villages of Llŷn. The most traditional buildings in the local villages are the chapels and the churches. In terms of the AONB and visual amenities there is a concern regarding the size and scale of the proposed buildings in such a prominent location in the village and in the Conservation Area. There is also doubt regarding the suitability of the buildings set at an angle to each other; the glass in the roof of the front building and the solar panels. The Design and Access Statement indicate that attention was given to local building materials and some were chosen to complement the area, which is commendable. The intention to erect a wall in front of the buildings in order to continue with this element of the character of the village is also supported. It is noted in the Access and Parking Statement that the car park is an important resource and that parking jams are common in the summer. Unfortunately, the proposed buildings use part of the existing car park, and in order to extend the site there are no additional parking spaces being provided. The existing car park is informal and open and it is believed that this befits well to the village of Aberdaron. There is doubt regarding the intention to mark individual parking spaces, to create footpaths and install pay and display machines as they would be formal and more prominent. It must be acknowledged that the historic character of the centre of Aberdaron village has been maintained wonderfully. This, as well as its unique location at the end of the peninsula is what makes it such a popular little village with local people and visitors, with the PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
numerous environmental designations reflecting the special character of Aberdaron. The village and the area already attracts a substantial total of visitors and at times there are traffic jam issues. It appears that a development of this size and type would attract more visitors, without providing additional parking, thus increasing parking problems in the village and pressure on local resources. Although supportive of the demolition of existing buildings, there is a concern regarding the size and scale of the new development a such a prominent location in the centre of the village. In order to fully assess this aspect of the development in a balanced manner, it is recommended that a Visual and Landscape Impact Assessment (to include photomontages) is completed in order to assist the decision making process.
Access Officer: Not received.
Llŷn Landscape Partnership: Support the development of a new interpretation centre. The Llŷn Landscape Partnership Project attempts to ensure that we protect the natural resources in Llŷn and also the people who live, work and maintain the unique culture and heritage that surrounds us. In the summer, Aberdaron is a very popular holiday destination but with developments such as the coastal path and increasing interest in the heritage and culture of the area, more people visit throughout the year. To acquire a totally sustainable tourism industry, quality indoor attractions are required which provides for this market and encourages people to visit and remain in the area if the weather is unfavourable for outdoor activities. Small and marginal communities such as Dunquin in the west of Ireland has established a similar centre to what is proposed in Aberdaron, the centre attracts visitors from far way, and they can interpret the life and traditions of the Blasket Islands as well as the wildlife of the Dingle Peninsula. The centre makes a positive contribution by offering permanent employment for local people, and ensures that the local guest houses, hotels and shops are busy throughout the year with a regular flow of independent buses, walkers and visitors being attracted to the area. The development in Aberdaron could enrich the experience of visitors from far and wide, and place the area on the map as an all year round tourist destination. Without proceeding with the plan, it is difficult to envisage how more people can be attracted to visit the area outside the main holiday season, and therefore the economic opportunities for the local community are limited. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Public Consultation: A notice was posted on site and in the press, and nearby residents were informed. The consultation period ended on 6 December 2012 and four letters / items of correspondence were received objecting to the application on the following grounds:
The size of the development is too large. The development is too high. An excessively large development which is around three- storeys. This large development is not in keeping with the character of the village. The design of the tourism centre not in keeping with the character and form of existing buildings in Aberdaron. Dominates the village centre. Spoils views of the village and within the village. Aberdaron is a small unspoilt village and commercialising the village with this tourist attraction would blight the setting and could mean a reduction, rather than an increase, in the number of visitors. Parking within the village is scarce and this development extends into the existing car park. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Serious transport problems exist during the summer months and a new attraction would make the situation worse. The land at the rear of the building is unstable and tampering with it would make the situation worse. No reference to the commercial activities that would take place within the development; therefore not able to state how the development would impact on businesses in the village. The building is supposed to be a Coastal Centre of Excellence, but it’s unclear as to what exactly is meant by this which creates doubts that the centre will not serve the needs of the local community as a resource, rather, it will be used by members of the NT and visitors to the village.
o It is stated that the NT has consulted widely with the public and interested tenants and that the NT notes that residents and visitors want the centre. However, locally there is strong disapproval in terms of the NT’s development and it is felt that these concerns have been ignored. o People not walking through the village to go to the beach; therefore impacting on village businesses. o The tourism industry has had a detrimental impact on the Welsh language and this is contrary to the policy of Gwynedd Council. The language has more or less ceased in Abersoch and approving this development would seal the same fate here in Aberdaron.
As well as the above-mentioned objections, a three part petition was received with a total of 134 signatures. Following the submission of these petitions, three items of correspondence were received by people who had originally signed the petition but they now wished for their names to be removed from the petition. The petition was submitted on the following grounds:
The development is too large in size, too high and unpleasant. Out-of-character and alien and unnecessarily spoils the village. A substantial effect on the visual amenities of the area. A substantial effect on the amenities of nearby residents. Transport and parking problems already in the village during the summer months and the proposal would make the situation worse. The development is too ambitious and out-of-character in an unspoilt small historical village.
One letter / item of correspondence was received supporting the application on the following grounds: PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Businesses in the area have a problem in terms of the duration of the holiday season which has been limited more or less to school holiday periods. Businesses and the Aberdaron and District Tourism Liaison Group have been trying to extend the season and trying to attract visitors to Aberdaron and district during the quiet periods. To this end, it is believed that the centre would be of assistance and that local businesses and the economy of the area in general would benefit.
5. Assessment of the material planning considerations:
Principle of the development 5.1 Policy C1 of the Gwynedd Unitary Development Plan states that land within development boundaries will be the main focus for new developments and that new supplementary buildings, structures and facilities will be refused in the countryside unless the development is approved by another policy in the plan. One of those cases is development in connection with rural tourism, outdoor leisure and sports initiatives. In terms of tourism initiatives, Policy D13 is considered relevant. This policy states that proposals to develop new attractions and facilities for visitors will be approved if they are within the development boundary. The application site is partially located within the development boundary. However, Policy D13 can also approve the use of existing buildings or sites closely related to other existing buildings that form part of an existing tourist facility complex including one that provides visitor accommodation. The proposed development would be located close to existing buildings and some of these buildings are used for tourism purposes with Henfaes, as it has been given to understand, being used as holiday accommodation units. Therefore, in terms of the location the site is considered acceptable as it is partially located within the development boundary of the village and is also located directly nearby existing buildings.
Visual amenities 5.2 The proposal is located near existing buildings and in a part of the existing car park. The location is located within the AONB and the Heritage Coast. Although it is only one building, the proposal appears as a combination of buildings that have been located near each other. The proposal is mainly made up of two pitched slate roof buildings which resemble traditional external buildings. The fact that the building is broken up into different elements is considered to minimise the impact of the proposal on the site in terms of its scale and size, creating a development which is more in keeping with buildings that exist near the site and in the vicinity. It is also considered that the form of these buildings, that are relatively simple in design, are suitable for the site. It is realised that a number of concerns have been voiced in terms of the size and scale of the development. However, it should be realised that the subject of the application is a two- storey building and it would be approximately 1.6 metres lower than the nearby Henfaes building. In light of this, in terms of its height it is not considered to be out-of-character with the nearby buildings. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
5.3 The site lies within the AONB and observations of the AONB Unit on the proposal have been received. These observations state that the existing buildings on the site do not make a positive contribution to the site or the area; therefore, there was no objection to demolish those buildings. It is noted that the idea of developing a building that is similar to a two-storey warehouse is understood, but these type of buildings are not common in the seaside villages of Llŷn, and that the most traditional buildings in the local villages are chapels and churches. In terms of the AONB and visual amenities there is a concern regarding the size and scale of the proposed buildings in such a prominent location in the village and in the Conservation Area. There is also doubt regarding the suitability of the proposal to set the buildings at an angle to each other, glass in the roof of the front building and the solar panels. The Design and Access Statement indicates that attention was given to local building materials which were chosen to complement the area, which is commendable. The proposal to install a wall in front of the buildings in order to continue with this element of the character of the village is also supported. The observations of the AONB Unit also state that it should be acknowledged that the historic character of the centre of Aberdaron village has been maintained wonderfully, and that this as well as its unique location at the end of the peninsula makes it such a popular little village with local people and visitors, with the numerous environmental designations reflecting the special character of Aberdaron. The AONB Unit stated that a Visual and Landscape Impact Assessment should be prepared (to include photomontages) in order to assist the decision making process. However, the observations of the Countryside Council for Wales deem that the proposal in its existing form would not have any significant impact on the landscape value of the area, including the function of the AONB; therefore, they did not deem that the proposal would have an adverse impact on the interests of the natural heritage and there is no objection to the proposal. As a result of the observations of the AONB Unit, photomontages were received from four sites indicating the proposed development. A second consultations was held with this additional information and a further response is awaited by the AONB Unit. However, these photomontages show a building, which in terms of colour and materials, resembles other buildings in Aberdaron. Also, when looking at the photomontage from the direction of Allt yr Eglwys, it can be seen that the Church also has two gable-ends and that the proposed development resembles this as there are two gable-ends to the building in an attempt to break up the bulk of the building. It is not considered that the proposal would be very visible from a distance and that the visual impact of the development would be more local in nature. In essence, it is not considered that the proposal would have an unacceptable detrimental impact on the form and character of the landscape or townscape or on prominent views. Therefore, in essence it is considered that the proposal is acceptable in respect of Policies B8, B9, B22 and B25.
Conservation Matters 5.4 The site lies within the conservation area of Aberdaron and there are some listed buildings nearby. The nearest listed building to this site is the bridge near the car park entrance but there is no intention to adapt this entrance and therefore the proposal will not affect this listed bridge. The observations of the Conservation Officer were received regarding the proposal. These observations state that it is not considered that the proposal would have a detrimental impact on the appearance or character of the Conservation Area as the design and size of the proposal is acceptable in terms of architectural matters. Also, it is not considered that the proposal would have any impact on the listed buildings as the proposal will not directly affect the appearance or character of these buildings. The Conservation Officer also deems that the proposal is a relatively simple design PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
resembling old traditional external buildings but with relatively modern elements that will be an improvement to what is already on the site, and that there is no objection to the proposal. Therefore, it is considered that the proposal is acceptable in respect of Policies B3, B4 and B5 of the GUDP.
Archaeological Matters 5.5 An archaeological assessment was submitted as part of the application. The site was assessed in terms of the direct and indirect impact of the development in respect of archaeological matters. The direct impact is identified as the existing outbuildings in Henfaes as they are to be demolished. However, these are considered as twentieth century buildings and there is no major architectural value to them; therefore, the impact is low. There is also a potential of direct impact on unknown archaeological features under the surface. The assessment suggests that the likelihood of coming across archaeological remains is low but that this is not impossible, however that the impact is low. In terms of an indirect impact on the historical setting of Aberdaron village, it is considered that the largest impact would be on the road leading into the village to the west rather than within the village. The use of traditional pitched roofs and traditional materials and the alignment of the building with other structures reduces the impact and it is considered that the impact in its entirety is low. In view of the fact that there is a low impact in terms of archaeology to the proposal, it is considered that the proposal is acceptable in terms of Policy B7 of the GUDP.
Transportation and access matters 5.6 It is intended to upgrade the existing car park as part of the proposal. It is estimated that the car park currently has space for approximately 120 vehicles but no assurance can be given to this figure as the car park has an informal arrangement and that no specific spaces have been marked out. A part of the car park would be taken up by the proposal and therefore there would be a slight loss in the number of parking spaces, and following the development it is understood that there would be space for 99 vehicles (including 4 disabled spaces). It is intended to upgrade the car park as part of the proposal by creating marked out parking spaces, but the surface would be a combination of gravel and bodpave 85 that would allow grass to grow through it. Currently, the site is a combination of shingle and grass and therefore it is considered that the proposed type of finish that will retain the existing character of the car park. It is also considered that the proposal creates a development that would offer access to a number of different users and offer facilities for the disabled. Whilst acknowledging the concerns that have been voiced by the objectors regarding the fact that there would be a loss in parking spaces and that the new development would increase the number of visitors; as a consequence of the Transportation Unit’s observations it is not considered that the proposal would have a detrimental impact on road safety. It is considered that the proposal is acceptable in respect of Policy CH30, CH33 and CH36 of the GUDP.
General and residential amenities 5.7 The site is located near the centre of Aberdaron village. The nearest property to the site is the property of Henfaes and it is understood that this property is used as holiday units by the NT. From the perspective of the proposal, it is not considered that it would have a substantial impact on the amenities of neighbouring residents in terms of over-looking or loss of privacy. As explained in the visual amenities section, it is also not considered as an overdevelopment of the site. It is likely that the proposal could increase the traffic coming to the site; however, it is not considered that the proposal would add to the traffic PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
or the noise associated with traffic in a way that would cause significant harm to local amenities. In terms of criterion 4 of Policy B23, it is not considered that the proposal would create more opportunities for anti-social behaviour and it is considered that people using the site should feel safe in doing so. The proposal is considered acceptable in respect of Policy B23 of the GUDP.
Biodiversity matters 5.8 No ecological report had been submitted when the application was originally submitted. An ecological report has now been submitted for the site. This report concludes that there are no signs of any protected species within the study area that would be affected. The observations of the Biodiversity Unit have not been received following the receipt of this ecological report but the observations of the Countryside Council for Wales have been received.
5.9 The observations of the Countryside Council for Wales state that the site is located close to the Pen Llŷn a’r Sarnau Special Area of Conservation, the Aberdaron Coast and Bardsey Island Special Protection Area, the Seacliffs of Pen Llŷn Special Area of Conservation and the Aberdaron Coast Site of Special Scientific Interest but that they do not consider that the proposal would directly or indirectly affect the features, functions or integrity of any statutory protected sites. Furthermore, they were satisfied with the ecological report that was prepared and that the survey indicated that there were no traces of bats inside or outside the buildings that are to be demolished, and therefore the proposal was not likely to impact on a bat roost. Therefore, it is considered that the proposal is acceptable in respect of Policy B15 and B20 of the GUDP.
Sustainability matters 5.10 Sustainability has become an important consideration when determining planning applications. The building in question falls under the thresholds where it is necessary to submit a BREEAM assessment. However, it is understood from the design and access statement that the applicant is eager to reach the BREEAM standard of excellence. As the proposal does not have a floor area of 1,000 square metres or more, there are no requirements in terms of planning to submit these details but the fact that the applicant wishes to reach a BREEAM standard in terms of sustainability is to be welcomed. As part of the proposal, it is intended to install solar panels on a part of the building’s southern roof. The proposal is considered acceptable in respect of sustainability matters and complies with Policy C7 of the GUDP.
Flooding issues 5.12 According to the development advice map referred to in TAN 15: Development and Flood Risk, the site lies partially within a C1 zone and partially within a C2 zone. A FCA was received as part of the application and a consultation was held with the Environment Agency. The Environment Agency reviewed the FCA and they were of the opinion that flood risks can be managed in accordance with TAN 15. The FCA inspected various flooding sources and even though the site has flooded in the past it is agreed that the flood mitigation plan that was completed in 1984 has reduced the risk, although not abolishing it entirely. The risk of tidal flooding was considered in the FCA and even though it used 50 years of sea level elevations (the impact of climate change) rather than 75 years that would be nearer to the lifespan of this type of plan, it is considered that the proposed finished floor levels are higher than the anticipated flooding levels. In light of this, the Environment Agency are satisfied that an update to the FCA is not required but PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
that a condition should be imposed that the floor’s finished level is not lower than 4.5 metres above the ordnance datum. In this respect, it is considered that the proposal is acceptable in terms of policy B29 of the GUDP.
6. Conclusions:
6.1 The proposal is for the construction of a new two-storey visitor building for the National Trust (NT) and includes the demolition of existing outbuildings on the site. Although it’s only one building, the development has been designed to appear as a combination of buildings that have been located near each other. It is considered that the fact that the building has been designed to appear as a number of buildings reduces the impact of the proposal on the area in terms of the bulk, scale and size of the building. The development appears as a collection of traditional buildings. Although it seems that the AONB Unit has concerns about the proposal, other responses have been received by the Countryside Council’s Conservation Officer which are more positive in terms of the proposal and its impact on the landscape and conservation matters. Further to the observations of the AONB Unit, photomontages of the proposal were received and a further response is awaited following the receipt of these photomontages. There was no objection to the proposal on the grounds of road safety and as part of the proposal, the car park will be upgraded. As part of the proposal, an ecological assessment was received and this report has not identified protected species on the site; therefore, it is considered that the proposal is acceptable in terms of ecological matters.
7. Recommendation:
7.1 To delegate powers to the Senior Planning Manager to approve the application, subject to the end of the consultation period and the following conditions:- 1. Commencement within five years. 2. In accordance with plans. 3. Slates on the roof. 4. To agree on external finish. 5. Preservation roof lights. 6. Solar panel frames to be of dark grey colour and the brackets should not obtrude outside the panel edges. 7. Complete the work on the car park before use commences. 8. Submit full landscaping details. 9. Complete the landscaping work in accordance with the approved details. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Number 5 PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Number: 5
Application Number: C12/1283/30/AM Date Registered: 25/09/2012 Application Type: Outline Community: Aberdaron Ward: Aberdaron
Proposal: RE-SUBMISSION - CONSTRUCT 2 AFFORDABLE DWELLINGS. Location: PART OF OS FIELD NO. 1254 NEAR EFAIL BACH, RHOSHIRWAUN, PWLLHELI, GWYNEDD, LL53 8LB
Summary of the Recommendation: TO REFUSE
1. Description:
1.1 The decision on this application was deferred in the Planning Committee held on 26 November 2012 in order to give the applicant an opportunity to submit plans to confirm the details of the access to the development, and to submit indicative plans for the layout of the houses. This is an outline application to construct two affordable dwellings on agricultural field no. 1254 to the rear of the two Refail Bach properties in Rhoshirwaun. Details such as the layout, scale, design and access have all been reserved. It is understood from the Design and Access Statement that there would be access to the site through the existing vehicular entrance near the Cwm Ci property, with a new long track being provided through the field to the two plots. Rhoshirwaun has been designated as a village in the GUDP and the site in question is outside the village development boundary but abuts the boundary as included in the adopted Unitary Plan. The site is within a Landscape Conservation Area Designation and is served by a third class county road.
1.2 A Design and Access Statement and a Sustainable Homes Pre-Assessment Statement were submitted with the application.
1.3 The application is a resubmission of application no. C11/0910/30/AM which was refused in May and there is no change to the information. The application is submitted to committee at the Local Councillor’s request.
2. Relevant Policies:
2.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that planning decisions should be in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.
2.2 Gwynedd Unitary Development Plan 2009: B10 – PROTECTING AND ENHANCING LANDSCAPE CONSERVATION AREAS – Protecting and enhancing Landscape Conservation Areas by ensuring that proposals conform to a series of criteria aimed at avoiding significant damage to recognised features. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
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.
C1 - LOCATING NEW DEVELOPMENTS Land within the development boundaries of towns and villages and the developed form of rural villages will be the main focus for new development. New buildings, structures and ancillary facilities in the countryside will be refused with the exception of a development that is permitted by another policy of the Plan.
CH7 – AFFORDABLE HOUSING ON RURAL EXCEPTION SITES DIRECTLY ADJOINING THE BOUNDARIES OF VILLAGES AND LOCAL CENTRES Permit affordable housing on rural sites directly adjoining the boundaries of Villages and Local Centres if they conform to criteria relating to local need, affordability and impact on the form of the settlement.
CH9 – NEW DWELLINGS IN OPEN COUNTRYSIDE – Refuse proposals for new dwellings in rural areas unless they are for individuals who must live on the site due to their work and a series of other criteria relating to the location and type of the dwelling, and restrictions on ownership of the dwelling.
POLICY CH33 – SAFETY ON ROADS AND STREETS Development proposals will be approved provided they can conform to specific criteria relating to the vehicular entrance, the standard of the existing roads network and traffic calming measures.
Supplementary Planning Guidance: Affordable Housing 2009
2.3 National Policies: Planning Policy Wales, Chapter 9, “Affordable Housing” (July 2010)
TAN 2 ‘Planning and Sustainable Buildings’ (February, 2006).
3. Relevant Planning History:
3.1 C11/0910/30/AM – Construction of two affordable dwellings – Part of O.S. field no. 1254 near Efail Bach, Rhoshirwaun – Refused 25 May 2012
4. Consultations:
Community/Town Council: Support.
Transportation Unit: Require further information – it is unclear which access road it is intended to use. Public footpath no. 67 (Aberdaron community) runs through the plot, therefore, I recommend that you should bring the application to the attention of the Rights of Way Officer also. Should the PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
application use the existing entrance to Refail Bach or the nearby shed, I would recommend standard conditions.
Environment Agency: Low risk to the environment.
Welsh Water: As it is proposed to use a private sewage treatment system it is suggested that they contact the Environment Agency.
Senior Dwyfor Rights of Way Need to ensure that public footpath no. 67 Aberdaron is Officer: protected during and also at the end of the development. As there is no plan showing the exact location of these two houses the applicant will have to ensure that the proposed houses will not obstruct the footpath; that a new access is created through the new boundary wall / fence which will be erected to separate the garden from the agricultural field (field no. 1254). Also, should the applicant intend to erect a garden fence to create a corridor for the public footpath, a width of at least 2m for the footpath will have to be ensured. Should this application be successful, I suggest that the applicant contacts this department as soon as possible to discuss the options.
Strategic Housing Unit: From the Tai Teg information, one person has noted their wish to reside in the Rhoshirwaun area.
Public Consultation: A notice was placed on the site and nearby residents were informed. The consultation period ended on 26 October 2012 and six letters / items of correspondence had been received objecting to the application on the following grounds: Impact on amenities / privacy The site is a considerable distance from the entrance A long track needs to be provided to the rear of houses which would have an effect on neighbouring residents Doubts whether the track is so long so as to make the development unaffordable The entrance is unsuitable and the road is narrow Increase in traffic, noise and pollution Contrary to policies Constructing to the rear of houses and the development boundary – creating a precedent Intrusive in the countryside A public footpath crosses the site Sewage deficiencies as it is in Rhoshirwaun Design alien to the area Impact on the Landscape Conservation Area
5. Assessment of the material planning considerations: PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
5.1 Principle of the development The principle of developing sites which are located outside but on the outskirts of development boundaries, for affordable houses, is acceptable in policy CH7 if relevant criteria are complied with. The criteria include that general local need has been proven; that the development forms a logical extension to the village; the development would not form an unacceptable extension into the countryside and satisfactory arrangements are in place to restrict the occupancy of the houses to those who are able to prove general local need for affordable housing.
5.2 Criterion 1: Two letters have been included as part of the application by two local people showing an interest in building a house and remaining in their local area. They argue that the houses on the market in the vicinity are beyond their reach financially. Whilst it appears that the two individuals are local no evidence had been submitted to prove that they had been assessed to see whether they were eligible for an affordable house and at the time of preparing the report no response had been received from the Affordable Housing Officer. As affordable need has not been proven the proposal is also tantamount to new houses in the countryside and also, therefore, contrary to the objectives of policy CH9 of the GUDP.
5.3 Criterion 2: The application site is located in the southern corner of the field, namely the site which abuts the development boundary of the village of Rhoshirwaun and to the rear of properties 1 and 2 Refail Bach and Bryn. It is noted in the Design and Access Statement that access to the site would be via the existing access to the field adjacent to Cwm Ci, which is nearly 200m from the application site. This is the only corner of the field which abuts the development boundary. Despite being a rural exemption site, in the sense that it abuts the village’s development boundary, it is not considered to be an ideal location to build. The two houses would be located to the rear of other houses, with implication on the amenities of the neighbouring properties and this is a concern which has been expressed in the letters of objection. In addition, a long access road would need to be developed to reach the development which would make the development costly and beyond an affordable development. Developing this site would create a precedent for similar developments to the rear of existing terraced houses. It is considered that the location is unsuitable and an inconsistent extension of the built residential area, which would not integrate with the plan of the village houses. Therefore, for the abovementioned reasons, it is considered that this site does not form a logical extension to the village and is contrary to the aims of criterion 2 of policy CH7.
5.4 Criterion 3: It is not an infill site but, rather, a corner of an agricultural field to the rear of an existing terrace of houses. Currently, the village is a cluster of houses which follow the pattern of the road network in general, namely in the form of a regular and consistent plan. There are no residential developments to the rear of houses and the character of buildings follows a ribbon development, therefore, the proposed rear development would be out of character given the existing pattern of the village. It is also considered that it would be an unacceptable intrusion in the countryside and would create a fragmented development. For these reasons, it is not considered that the proposal complies with the objectives of criterion 3.
5.5 Criterion 4: The applicant was not asked whether he was willing to sign a 106 Agreement to restrict the houses to be affordable houses as it is not considered that the proposal satisfies all the criteria of policy CH7. Also, sufficient evidence was not received as part of the PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
application that the two individuals interested in the houses were eligible for affordable housing.
5.6 An officer stated, in response to an enquiry prior to submitting the application, that erecting houses in this location would likely not to receive a favourable recommendation and it must be borne in mind that a previous application, C11/0910/30/AM had been refused this year for the exact same proposal. Therefore, having weighed-up the proposal against Policy CH7, it is considered that the proposal is contrary to the objectives of the policy along with the Supplementary Planning Guidance: Affordable Housing.
5.7 General and Residential Amenities As only illustrated plans have been submitted in this case and as matters such as the layout and appearance have been reserved from the outline application, it is difficult to assess the actual impact of the development on the amenities / privacy of neighbours. Without question, the dwellings would lead to activity, increase in traffic and those things associated with full domestic presence in this location which would likely have an impact on the amenities of neighbours. Bearing in mind the lack of details, it is not considered that the proposal at present is contrary to policy B23.
5.8 Visual Amenities / Landscape The site is visible from a distance of the county road near Neuadd Rhoshirwaun; however, as no plans have been submitted it is difficult to assess whether the proposal is likely to have a significant detrimental impact on the Landscape Conservation Area.
5.9 Transportation and access matters Matters involving the access have been reserved from this application. However, it is noted in the Design and Access Statement that access to the site would be via the existing access to the field beyond the Cwm Ci property, which is nearly 200m from the plot. It would be necessary to create a long vehicular track along the field boundary which would be costly and beyond reasonable for an affordable dwelling. Also, a public footpath runs through the site, therefore, it would be necessary to ensure that the houses would not obstruct any part of the public footpath with additional costs to divert the footpath.
6. Conclusions:
6.1 Having weighed-up the proposal it is considered that the proposed site is unsuitable to be developed for affordable housing and is tantamount to a new development in the countryside and, therefore, contrary to local and national policies involving Affordable Housing.
7. Recommendation:
7.1 To refuse - The proposal is contrary to policy CH7 and CH9 of the Gwynedd Unitary Development Plan 2009, Supplementary Planning Guidance: Affordable Housing 2009 and Planning Policy Wales (2011) Chapter 9, as it is considered that the location of the proposed development is tantamount to an unacceptable rear development which is intrusive in the countryside. The proposed plot is inconsistent with the pattern of a built residential area and it is not considered that its location is a logical extension of the village. In addition, a long access road would be needed to the site, which is contrary to the objectives of Affordable Housing. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Number 6 PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Number: 6
Application Number: C12/1291/11/LL Date Registered: 28/09/2012 Application Type: Full - Planning Community: Bangor Ward: Glyder
Proposal: APPLICATION FOR THE DEMOLITION OF EXISTING DWELLING AND ERECTION OF TWO-STOREY BUILDING PROVIDING THREE SELF-CONTAINED LIVING UNITS TOGETHER WITH ALTERATIONS TO EXISTING VEHICULAR ACCESS. Location: 98, PENRHOS ROAD, BANGOR, LL572BQ
Summary of the TO APPROVE WITH CONDITIONS Recommendation:
1. Description:
1.1 This is a full application to demolish the existing dwelling and erect a two-storey building providing three self-contained living units together with alterations to the existing vehicular access.
1.2 The site is located within the development boundary of the City of Bangor, on the outskirts of Ffordd Penrhos highway and opposite Ffordd Coed Mawr. The development pattern within this area consists of houses of various sizes (one and two-storey) in a ribbon pattern along the side of the highway. Other houses of various sizes are located either side and opposite the site, with a two-storey property on one side, and a one and a half storey property on the other.
1.3 It is proposed to demolish the existing dwelling and garage on the site. The existing dwelling is single-storey with a room in the roof and its footprint measures approximately 109m². The property measures 5.5m high. The garage is situated at the rear of the property and will be demolished to enable maximum use to be made of the site.
1.4 It is proposed to erect a new two-storey residential building on the site that will comprise three self-contained units; two units with two bedrooms on the lower floor, and a unit with three bedrooms on the first floor. The proposed building stands on the same footprint as the existing house, and the proposed footprint measures approximately 153m². The proposed building is situated 1m away from the boundary on one side, and 1.8m away from the boundary on the other side. The front of the building has been set back compared to the existing building with two properties either side.
1.5 The proposed building is two-storey and measures 7m high to the apex. The street scape plan indicates that the height of the proposed building will not be higher than the two- storey property directly next door.
1.6 The rear of the building includes a lean-to extension in place of the flat roof extension and the balcony above that was part of the original application. The building’s windows PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
are on the front and back only, however, there are access doors to the building on the side elevations.
1.7 It is proposed to provide six parking spaces directly in front of the proposed building (together with a small parking area that can be used for bicycles); as well as improvements to the entrance that has been amended in accordance with the Transportation Unit’s advice and which now comprises a sufficient entrance and boundary walls reduced 1m in height.
2. Relevant Policies:
2.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that planning decisions should be in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.
2.2 Gwynedd Unitary Development Plan 2009:
POLICY B22 – BUILDING DESIGN Promote good building design by ensuring that proposals conform to a series of criteria aimed at safeguarding the recognised features and character of the local landscape and environment.
POLICY B23 – AMENITIES Safeguard the amenities of the local neighbourhood by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features and amenities of the local area.
POLICY 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 CH3 – NEW HOUSES ON UNALLOCATED SITES WITHIN THE DEVELOPMENT BOUNDARIES OF THE SUB-REGIONAL CENTRE AND URBAN CENTRES Approve the construction of houses on appropriate unallocated sites within the development boundaries of the Sub-regional Centre and the Urban Centres.
POLICY CH33 – SAFETY ON ROADS AND STREETS Development proposals will be approved provided they can conform to specific criteria relating to the vehicular entrance, the standard of the existing roads network and traffic calming measures.
POLICY CH36 – PRIVATE CAR PARKING FACILITIES Proposals for new development, extensions to existing development or change of use will be refused unless off-street parking is provided in accordance with the Council’s current parking guidelines, and having given due consideration to the accessibility of public transport, the possibility of walking or cycling from the site and the proximity of the site to a public car park.
2.3 National Policies:
TAN 12 Design Planning Policy Wales (Fifth edition), November 2012 PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
3. Relevant Planning History:
3.1 No relevant planning history:
4. Consultations:
Community/Town Council: Refuse on the grounds of too many units on one site; increase in use of the access in a busy and unsuitable location near a school and bus stop.
Transportation Unit: No objection following amended plans concerning the access.
Environment Agency: General observations.
Welsh Water: Observations and standard conditions
Biodiversity Unit: No response.
Access Officer: Requests confirmation that one of the parking bays is for the disabled. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Public Consultation: A notice was placed on the site and nearby residents were informed. The consultation period expired on 24 November, and six items of correspondence were received objecting to the application on the following grounds:
Loss of privacy as the proposed development extends back more than the existing building. Parking difficulties The application form states that there are no trees or water course on the site, however, it is alleged that there is an underground river in the vicinity. The location of the access is dangerous for six vehicles to use it daily. Three units on the site is contrary to the area's character which is typically dwellings for families. The proposed building is too high. The size and height of the proposed building is likely to cause the loss of light and sun. The height and the balcony cause significant overlooking into the rooms and garden of the property next door. Concern that providing a hard surface in front of the site for parking is likely to cause surface water to run into the highway and into the property next door, as the levels of the application site are higher. That the design and access statement is incorrect. No more houses are needed as new permission has been given to other sites in Bangor and there are many houses for sale in the area. Concerns that the proposal would be used as a house in multiple-occupation.
5. Assessment of the material planning considerations:
Principle of the development
5.1 Policy CH3 of the Gwynedd Unitary Development Plan deals with proposals for new housing on unallocated sites within the development boundaries of Bangor Sub-regional Centre, and states that approval should be given to the construction of houses on appropriate unallocated sites within the development boundaries of the Sub-regional Centre.
5.2 In this case, the proposal includes the demolition of the existing dwelling together with the associated garage in order to erect a new building which provides three self-contained units that comprise two units with two bedrooms, and one unit with three bedrooms. The site is located within the development boundaries of the City of Bangor and within a residential area. The plot is quite substantial and is typical of housing plots in this area of Bangor. The existing residential property is a one and a half storey house in poor PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
condition with a narrow access and a garden to the front and rear. There is an extensive variety of housing sizes and designs in this area, and there is a two-storey house directly next door to the site and a one and a half storey house on the other side. 5.3 It is considered that the site is suitable for a residential development in accordance with the above policy.
Visual, general and residential amenities
5.4 Policies B22, B23 and B25 of the Gwynedd Unitary Development Plan involve assessing the design, amenities and external materials of the proposal.
5.5 The proposal includes demolishing the property and the existing garage, together with erecting a two-storey building that will provide three self-contained units. There are two units with two bedrooms on the lower floor and one unit with three bedrooms on the first floor.
5.6 Although the existing property is a one and a half storey house, it is considered that the site is suitable for a two-storey property as there is a wide mixture of different sized and designed houses in the area. There is a two-storey house directly next door to the site and a one and a half storey house on the other side. Plans have been submitted more recently (2007:12:9 14:11:2012) which confirm that the height of the proposed building will be no higher than the two-storey property directly next door.
5.7 The proposed building is substantial, however, it is considered that its size is suitable for the site with sufficient area between the building and the boundaries either side, as well as a sufficient curtilage in the front and back. It is considered that the size of the building is in keeping with the general size of buildings in the area.
5.8 Currently on the site is a single residential house, and it is proposed to provide three self- contained units within one building. It is considered that the self-contained units are of a suitable size and there is a variety in the number of bedrooms, which means that the units are suitable for all types of individuals and/or families. It is not considered that the number of units for the site is excessive, as the site is located within a varied residential area and the building is suitable for the site with sufficient parking areas and a curtilage.
5.9 No windows face towards the properties on either side of the site. The windows face the rear and front only. Although the gardens of the houses situated along Penrhos Avenue back the site it is not considered that the proposed development would cause significant overlooking into their gardens or houses as the rear elevation of the proposed building would be over 4m away from the boundary with the gardens of these houses, and the gardens run crosswise to this site’s garden.
5.10 It is considered that substantial overlooking would not stem from the proposal, having taken off the original balcony from the rear elevation.
5.11 It is intended to finish the dwelling in a render of a colour to be agreed with the Local Planning Authority, as well as fixing slates onto the roof. A copy of the sustainable homes code pre-assessment report has been included with the application which shows that the plans comply with level 3. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
5.12 Consequently, it is considered that the proposal complies with all the requirements of policies B22, B23 and B25 of the Gwynedd Unitary Development Plan involving assessing the design of the proposal, amenities and external materials.
Transportation and access matters
5.13 Policies CH33 and CH36 of the Gwynedd Unitary Development Plan involve assessing the impact of proposals in terms of safety on roads and streets along with providing private parking facilities.
5.14 The proposal offers private parking provision of six parking spaces for the three self- contained units. It is considered that this number of spaces is suitable for the number of bedrooms proposed.
5.15 Originally, the improvements to the access included widening the access significantly; however, the Transportation Unit was of the view that this was excessive on the grounds that the access was directly opposite the busy junction of Ffordd Coed Mawr and Penrhos Road. It is considered that an access that would be a little narrower with the boundary walls taken down to 1m in height would be much more suitable for this location. It is considered that the access is suitable having received the amended plan (2007:12:3 06.11.2012).
5.16 Given the above, and on grounds that the Transportation Unit does not have any objection regarding safety on roads and streets; it is considered that the proposal complies with policies CH33 and CH36 of the Unitary Development Plan.
Response to the public consultation
5.17 As mentioned above, several objections have been received as a result of this proposal. The points are discussed individually and collectively below:
Loss of privacy as the proposed development extends back more than the existing building.
5.18 The proposed building has a bigger footprint than the existing property, and the front is located a little further back than the existing property, which means that the proposed building extends further back than the existing property. It is considered that the location of the building would not cause a detrimental impact on the privacy of any nearby property, the gardens of the houses in this area are quite substantial and long. The garden of the property directly next door is short, however, no windows face this part of the site.
Parking difficulties The location of the access is dangerous for six vehicles to use it daily.
5.19 The parking and access requirements have already been discussed in paragraphs 5.14 and 5.15 above.
The application form states that there are no trees or water course on the site, however, it is alleged that there is an underground river in the vicinity. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
5.20 There are no substantial trees and/or hedge that is likely to have an impact on the proposed development. There are no Tree Protection Orders on the site and therefore no planning permission is required to fell any trees or hedges. If there was a tree or hedge on the boundary with another property then it would be necessary to discuss any work to the trees or hedge with the next door neighbours. In addition, there is a right to plant trees and/or hedges without planning permission to screen any visual impact.
5.21 The Environment Agency have not stated that there is any water course in close proximity to the site.
Three units on the site is contrary to the area's character which is typically dwellings for families. No more houses are needed as new permissions have been given to other sites in Bangor and there are many houses for sale in the area. Concerns that the proposal would be used as a house in multiple-occupation.
5.22 The number of units have already been discussed in paragraph 5.8 above. It is considered that the site is suitable for the number of units and the planning policy does not require a test of need for housing.
5.23 The application is not to provide multiple-occupation accommodation. There is a right for more than one person to live together as a family within any residential unit without further planning permission. However, if the units are used for multiple-occupation accommodation where the residents do not live as a family (i.e. pay rent and bills separately, locks on bedroom doors, the number and type of facilities that are shared) then further planning permission will be required.
The proposed building is too high. The size and height of the proposed building is likely to cause the loss of light and sun. The height and the balcony cause significant overlooking into the rooms and garden of the property next door. Concern that providing a hard surface in front of the site for parking is likely to cause surface water to run into the highway and into the property next door, as the levels of the application site are higher.
5.24 I note that an amended street scape plan was received (2007:12:9 14.11.2012) which indicates that the proposed building will not be higher than the two-storey property directly next door, and an amended plan for the proposed elevations (2007:12:6c 14:11.2012) which takes away the balcony from the back.
5.25 The street scape plan indicates that the difference in the entire height of the proposed building compared with the existing property is approximately 1.85m. It is considered that this difference in height is not likely to cause significant loss of light and sun into the property directly next door.
5.26 The street scape plan also shows that the land levels will be reduced in order to ensure that the height of the building is lower than the two-storey property next door. This means that surface water should not flow from the site onto the highway, or to the property next door. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
That the design and access statement is incorrect.
5.27 An amended design and access statement (12.11.12) has been submitted and this corrects the original errors.
6. Conclusions:
6.1 In view of the above assessment, I do not consider the proposal to be contrary to any relevant policy. The proposal is unlikely to have a detrimental effect on the amenities of the local area or any nearby properties.
7. Recommendation:
7.1 To approve – conditions five years in accordance with the plans slate roof colour of finish to be agreed in accordance with the design and access statement Code for sustainable homes Welsh Water complete access in accordance with the plans, no boundary wall higher than 1m along the highway. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Number 7 PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Number: 7
Application Number: C12/1323/41/LL Date Registered: 04/10/2012 Application Type: Full - Planning Community: Llanystumdwy Ward: Llanystumdwy
Proposal: APPLICATION TO VARY CONDITION 5 ATTACHED TO PERMISSION NO. C11/0986/41/LL TO BE ABLE TO USE THE SITE ALL YEAR FOR HOLIDAY PURPOSES. Location: OCEAN HEIGHTS CARAVAN PARK, CHWILOG, GWYNEDD, LL53 6NQ
Summary of the Recommendation: TO APPROVE
1. Description:
1.1 This is an application to abolish condition C11/0986/41/LL to allow a holiday season of 12 months. This proposal therefore extends the occupancy period of static caravans on the site from ten and a half months to twelve months. The existing permission restricts the occupancy of the caravans from 1 March to 10 January the following year. It is not intended to add to the number of caravans on the site (94 holiday caravans and one for the warden), only to extend the occupancy period.
1.2 There will be no amendments or additions to the existing facilities on the site as a result of this application.
1.3 The site is located in the countryside near the village of Chwilog, and three nearby houses are located around a farmyard, with the road to the site running past the yard, between the houses.
2. Relevant Policies:
2.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that planning decisions should be in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.
2.2 Gwynedd Unitary Development Plan 2009:
POLICY B23 – AMENITIES - Safeguard the amenities of the local neighbourhood by ensuring that proposals conform to a series of criteria aiming to safeguard 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 D18 – STATIC CARAVAN AND HOLIDAY CHALET SITES – EXTENDING THE SEASON - Proposals for extending the holiday season of static holiday caravan sites (single and PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION) double units) and holiday chalet sites to ten and a half months will be approved provided the standard of the units is appropriate for human habitation during the winter period.
Supplementary Planning Guidance: Holiday Accommodation (July, 2011)
2.3 National Policies:
Planning Policy Wales (Fifth edition, November 2012)
Chapter 11 Tourism, Sport and Recreation
11.3.3 Authorities need to consider the effect of sports and recreation activities on the neighbouring uses in terms of noise, light emissions, traffic generation and in the case of larger developments, ease of access and the safety of residents, users and the public.
Technical Advice Note 13 - Tourism Paragraph 14 - Authorities should give sympathetic consideration to applications to extend the opening period allowed under existing permissions.
3. Relevant Planning History:
C04D/0224/41/LL – variation of condition 3 on consent 3/4/1396A, condition 1 on consent 34/67/1396C and condition 8 of consent 34/67/1396E to allow ten and a half month use of static caravans. Approved 2005.
C04D/0538/41/TC - use of land for boat storage, football field and children's play area ancillary to existing static caravan park. Approved 2005.
C09D/0247/41/LL - extend site area to re-site five existing static caravans and site six new static caravans together with environmental improvements. Withdrawn.
C11/0986/41/LL - application to relocate 12 static caravans and siting of four additional caravans on land that forms an extension to the existing caravan park, to include a landscaping scheme and re-siting of boat storage area and the use of one of the existing caravans as a manager’s residence.
4. Consultations:
Community/Town Council: Strong objections, as approving this application could set a very dangerous precedent that could lead to every other caravan park submitting a similar application. It is understood that approval has already been granted to an application in the Treflys area. The approval of this type of application could have a detrimental impact on communities.
Transportation Unit: No detrimental impact on any road.
Fire Officer: Awaiting response. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Public Protection Unit: During the visit it was noted that the site was of a high standard. However, some aspects of the conditions have led to a breach of the licence as noted in a letter dated 01-12-2011 to the applicant through the agent Charles F Jones.
The applicant is required to comply with the conditions noted above. This site will be expected to comply with the 1989 Model Standards.
If this application were to be approved, the applicant would be required to conform to the additional licensing conditions relating to extending the holiday occupancy period throughout the year.
The existing site licence, number 406 dated 12-01-1979 requires amending. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Public Consultation: A notice was placed on the site and nearby residents were informed. The advertisement period ended on 8 November 2012 and four letters were received objecting to the application on the following grounds:-
Impact on the quality of family life due to the increase in traffic, noise and pollution Would end the 3-month period of peace and tranquillity that currently exists Vehicle lights would be likely to affect the amenities in front of the property, reducing privacy and spoiling the peace and tranquillity which is enjoyed during the quiet period The access statement is misleading and threatening as it mentions an appeal in Caerwys Additional movements would be likely to have a detrimental impact on the residents in the three nearby properties Access statement is contrary to the Supplementary Planning Guidance: Holiday Accommodation Although there is ten and a half months approval, it is only in operation for nine months, is there an intention for residential status?
As well as the above-mentioned objections, objections were submitted that were not valid planning objections, which included:
The caravan owners have no objection to the existing occupancy restriction. A wish to see a separate access road created for the caravan park
Accuracy issues: A question regarding the accuracy of the land ownership map and the ownership of the access road.
5. Assessment of the material planning considerations:
Principle of the development
5.1 As shown above, the Unitary Development Plan has a specific policy which supports applications to extend the holiday season of holiday sites to up to a period of ten and a half months provided the standard of the units is appropriate for human habitation during the winter period.
5.2 Historically, conditions have been placed on such sites in order to ensure holiday use and also, historically, the standard of the units was not suitable for use in winter. Also, the PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
nature of holidays has become more varied in terms of location, season and length. Many more people go on holiday many times a year now, more often for shorter periods and not necessarily during the summer.
5.3 The UDP already acknowledges that the seasonal nature of tourism causes a lot of variation in the demand for workers during the year and has a notable effect on the economic prosperity of Gwynedd. Therefore, the Plan encourages spreading the demand for accommodation beyond the traditional holiday period. The Supplementary Planning Guidance: Holiday Accommodation (2011) also refers to using a holiday occupancy condition which allows the use of holiday units throughout the year but with relevant conditions which ensure that such units are not used for permanent residential use.
5.4 Although Policy D18 of the UDP states that proposals to extend the occupancy period from 1 March to 1 January will be approved there is no restriction or guidance in the condition to prevent extending the period further. There are many legal cases that are clear and supportive on this matter.
5.5 One of the static caravans on the site has received approval under application C11/0986/41/LL to be used by the residential site warden throughout the year and is therefore excluded from this application.
Visual amenities
5.5 This proposal will not make the existing situation worse in relation to the impact of the static caravans on the environment as they are already located on the site throughout the year and it is not intended to increase the number. Therefore, it is believed that the proposal is acceptable in relation to the requirements of Policy B23 of the UDP (safeguarding the amenities of the local neighbourhood).
General and residential amenities
5.6 It is not believed that extending the occupancy period of the caravans will have a significant impact on the amenities of neighbouring residents bearing in mind that the site already has approval for ten and a half months and that it only adds an extra month and a half to the existing occupancy period. As the site is unlikely to be full to capacity during this period it is not considered that the proposal would cause significant harm to the amenities of local residents, and that the additional disturbance, if any, would be minimal. It must also be considered that nothing within planning regulations prevents the caravan owners from visiting the units for maintenance purposes during the 6 weeks when they cannot be occupied, and therefore the potential of journeys back and forth already exists. Therefore, it is considered that the application is acceptable in terms of the requirements of Policy B23 as above.
Transportation and access matters
5.7 The application does not involve any increase to the number of static caravans, only an extension to the occupancy period. It is not believed that the extra month and a half in the caravan occupancy period would laed to a significant increase in the use of the road network which serves the site. The Transportation Unit has no concerns regarding the proposal. Therefore, it is considered that the proposal complies with Policy CH33. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Consultation response
5.8 Concerns have been raised by the Community Council that approving this application could set a very dangerous precedent that could lead to every other caravan park submitting a similar application. The approval of this type of application could have a detrimental impact on communities. However, it would be possible to control the holiday usage on the site by means of new conditions to ensure that the units are not used as permanent dwellings. A number of sites within the County have already received approval (with relevant conditions) for this type of development.
In relation to the objection regarding the impact on family quality of life due to the increased traffic, noise and pollution and that the application would be likely to eliminate the three months of peace and tranquillity that currently exists, it is not considered that extending the current approved period of ten and a half months by six weeks, would have a significant or unacceptable impact on the amenities of nearby residents.
It is not considered that passing vehicle lights would be likely to affect the amenities at the front of the property, reducing privacy and spoiling the peace and tranquillity which is enjoyed during the quiet period, as the additional disturbance would be minimal, if at all.
Additional movements would have a likely detrimental impact on the residents of the three nearby properties. It is considered that this concern has been assessed under the headings ‘General and Residential Amenities’ and ‘Transportation and Access Matters’ above.
The objection also notes that the access statement is contrary to the Supplementary Planning Guidance: Holiday Accommodation, and that it is also misleading and threatening as it mentions an appeal in Caerwys. There is no reference as to why it is considered that the access statement is contrary to the SPG. The following observation was also made: Although there is ten and a half months approva, it is only in operation for nine months, is there an intention for residential status? These points are addressed below:
The Supplementary Planning Guidance: Holiday Accommodation deals with Holiday Occupancy Conditions in paragraphs 45-47, and paragraphs 46 and 47 state:
“Whilst extending the holiday season is to be encouraged this needs to be balanced against the need to ensure that self serviced accommodation and static holiday caravans and holiday chalets cannot be used as permanent residences. Appropriate holiday occupancy conditions will therefore be attached to all planning permissions granted for permanent self-serviced and static holiday caravans and holiday chalet proposals.”
In accordance with the Supplementary Planning Guidance and in the case of static holiday caravans and holiday chalets, the relevant condition would be:
‘That the accommodation will be occupied for holiday purposes only and will not be occupied as a person’s sole, or main place of residence.’ PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
As well as the above-mentioned objections, objections were submitted that were not valid planning objections, which included:
The caravan owners have no objection to the existing occupancy restriction – this is not a relevant planning matter. A wish to see a separate access road created for the caravan park – this is not relevant to the application.
These are immaterial and irrelevant to this application.
There was also a question relating to the accuracy of the land ownership map and the ownership of the access road. By now a new land ownership map has been received that supersedes the original map which was questioned.
6. Conclusions:
6.1 Despite the objections, it is believed that this application, subject to conditions, is acceptable on policy grounds and its impact on the amenities of nearby residents and the wider area. All material considerations were addressed when determining this application, but this has not changed the recommendation.
7. Recommendation:
7.1 To approve – abolish the relevant conditions to allow a 12-month per year holiday period, subject to setting a holiday caravans condition stipulating holiday usage only. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Number 8 PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Number: 8
Application Number: C12/1395/45/LL Date Registered: 24/10/2012 Application Type: Full - Planning Community: Pwllheli Ward: Pwllheli South
Proposal: DEVELOPMENT OF 25 NEW DWELLINGS COMPRISING OF 2 TWO- STOREY HOUSES, 14 THREE-STOREY HOUSES AND NINE APARTMENTS WITH 9 AFFORDABLE UNITS INCLUDING ASSOCIATED WORK TO CREATE CAR PARK, DRAINAGE AND EXTERNAL WORKS Location: FORMER CAELLOI SITE AND PAVILLION SITE, MARIAN Y MÔR, PWLLHELI, GWYNEDD, LL535PN.
Summary of the TO DELEGATE POWERS TO APPROVE Recommendation:
1. Description:
1.1 The proposal is for a residential development of 25 new dwellings to include 2 two- storey houses, 14 three-storey houses and nine apartments. The proposed houses to be built on the site would have three bedrooms while the apartments would be a mixture of single and two bedroom units. It is proposed for 9 units, namely the 9 apartments to be affordable units. The three-storey houses would be located to the front of the site, facing the sea with sea-view balconies. These houses would be laid-out on the site in two similar blocks containing seven dwellings in each block, each measuring approximately 33 metres by 10.8 metres and extending to a height of 9.9 metres. Both two-storey houses would be located to the west of the site and the site access located between them. Both these houses would measure approximately 5 metres by 9.2 metres (including a front porch) and would extend to a height of 7.6 metres. It is intended to build a block of nine apartments to the eastern side of the site. This would be a three-storey building of a ‘T’ formation measuring approximately 18.4 metres by 18.2 metres. It is also intended to create parking spaces within the site with a total of 54 parking spaces for the development meaning that on average, there would be two parking spaces for each unit along with four parking spaces for visitors.
1.2 The site is located within the development boundary of Pwllheli. The promenade and beach are located to the south. There are residential units to the north, west and east. The beach to the south of the site is located within the Pen Llŷn a’r Sarnau Special Area of Conservation designation and also within the Mynydd Tir Cwmwd a’r Glannau Site of Special Scientific Interest. The site has been cleared and the former Caelloi garage buildings and the old Pavillion have been demolished as part of a previous planning application to develop the site.
1.3 A Design and Access Statement, Community and Linguistic Impact Assessment and details of a level 3 assessment of the Sustainable Homes Code were submitted as part of the application.
1.4 The application is submitted to the committee as it involves five or more dwellings. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
2. Relevant Policies:
2.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that planning decisions should be in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.
2.2 Gwynedd Unitary Development Plan 2009: POLICY B15 – PROTECTION OF NATURE CONSERVATION SITES OF INTERNATIONAL SIGNIFICANCE - Refuse proposals which are likely to cause significant damage to nature conservation sites of international significance unless they conform to a series of criteria aimed at managing, enhancing and safeguarding the recognised features of such sites.
POLICY B16 – PROTECTING NATIONALLY IMPORTANT NATURE CONSERVATION SITES - Refuse proposals which are likely to cause significant harm to nature conservation sites of national significance unless they conform to a series of criteria aimed at protecting, enhancing and managing the recognised features of the sites.
POLICY B20 – SPECIES AND THEIR HABITATS THAT ARE INTERNATIONALLY AND NATIONALLY IMPORTANT - 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 B22 – BUILDING DESIGN - Promote the design of good buildings by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features and character of the local landscape and environment.
POLICY B23 – AMENITIES - Safeguard the amenities of the local neighbourhood by ensuring that proposals must conform to a series of criteria 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 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 C3 – RE-USING PREVIOUSLY DEVELOPED SITES - Proposals which give priority to reusing previously developed land or buildings and are located within or adjacent to development boundaries will be permitted if the site or the building and use are appropriate. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
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 CH3 – NEW HOUSES ON UNALLOCATED SITES WITHIN THE DEVELOPMENT BOUNDARIES OF THE SUB-REGIONAL CENTRE AND URBAN CENTRES – Approve the construction of houses on appropriate unallocated sites within the development boundaries of Sub-regional Centres and Urban Centres.
POLICY CH6 – AFFORDABLE DWELLINGS ON EACH DESIGNATED SITE IN THE PLAN AREA AND ON UNDESIGNATED WINDFALL SITES WITHIN THE DEVELOPMENT BOUNDARIES OF THE SUB-REGIONAL CENTRE AND THE URBAN CENTRES – Refuse proposals to develop housing on sites that have been designated for housing or on windfall sites within the development boundaries of the sub- regional centre and the urban centres where it is not possible to comply with criteria controlling affordability and the local need of the development.
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 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. Consideration will be given to the accessibility of public transport services, the possibility of walking or cycling from the site and the proximity of the site to a public car park. In circumstances where there is an assessed need for off-street parking and when the developer does not offer parking facilities on the site, or where it is not possible to take advantage of the existing parking provisions, proposals will be approved provided the developer contributes to the cost of improving the accessibility of the site or providing the number of necessary parking spaces on another site nearby.
Supplementary Planning Guidance - Affordable Housing, (November 2009) Supplementary Planning Guidance – Planning and the Welsh Language (November 2009) Supplementary Planning Guidance – Planning for Sustainable Building (April 2010)
2.3 National Policies: Planning Policy Wales (Fifth edition, November 2012) Technical Advice Note 2 – Planning and Affordable Housing (2006) Technical Advice Note 12 - Design (2009) Technical Advice Note 15 – Development and Flood Risk (2004) Technical Advice Note 18 – Transport (2007) Technical Advice Note 22 – Sustainable Buildings (2010)
3. Relevant Planning History: PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
3.1 C02D/0251/45/LL – Demolition of existing building and construction of five-storey building including 17 flats and parking spaces – Pavillion Site, Pwllheli – approved 11 November 2002.
3.2 C04D/0061/45/LL – Amended details for the external elevations of a development for 16 residential units – Pavillion Site, Marian y Môr, Pwllheli - approved 27 May, 2004.
3.3 C04D/0062/45/LL – Construction of 12 apartments, seven low-cost flats and three low- cost houses – Caelloi Garage, Marian y Môr, Pwllheli – approved 5 July 2006.
3.4 C04D/0343/45/LL – Demolition of three residential properties and construction of ten apartments, associated parking and access – 2-4 Llys Ceredigion – approved 5 July 2006.
3.5 C06D/0376/45/LL – Amended application to construct a five-storey building to include 25 flats and 15 duplex, four-storey building to include 10 flats, four-storey building to include 12 flats, along with the creation of parking provision – Pavillion Site, Marian y Môr, Pwllheli – approved 21 February, 2007. There was a 106 agreement linked to this application restricting 14 of the units for affordable need and five for local need.
4. Consultations:
Community/Town Council: Approve the development but to draw attention that the design is sub-standard and that more features are needed. They are not very imaginative, sub-standard architecture especially for the front row, it might not be as important for the back row.
Transportation Unit: The parking provision shown is sufficient for the type and number of proposed houses. The location of the access is acceptable and is more suitable than having a vehicular access to the promenade, as the location has already been identified as a gateway with a white line to protect the access. Welcome the proposal to built a footpath from the centre of the development to the promenade, however, I recommend that the access road should include a separate footpath in order to separate pedestrians and vehicles along the main access.
Public Protection Suggest that as the site was previously used as a vehicle depot that the land could have been contaminated and therefore suggest adding a condition to the planning permission in relation to undertaking a desktop search to assess the potential risk of pollution on the site.
Environment Agency: The site lies partially within a B zone according to the development advice map referred to in TAN 15: Development and Flood Risk. Do not object to the proposal but propose conditions to be added to any planning application regarding the finished floor levels and the provision and implementation of a surface water management method.
Welsh Water: Propose conditions relating to foul water drainage, surface water and land drainage and submit a comprehensive plan for drainage of the site. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Countryside Council for Wales: No objection to the proposal. Nevertheless, note that the site is approximately 39 metres from the Pen Llŷn a’r Sarnau SAC and the Mynydd Tir Cwmwd a’r Glannau SSSI and there is a need to ensure that there is no impact on these protected sites. The drainage method should ensure that foul water drains run through the main sewer and that surface water rubs through a new soakaway on the site.
Biodiversity Unit: This site was cleared in 2007 and in the meantime, wild plants have settled here including sand dune habitat plants, such as sea-grass along with some thorns. It is a further possibility that there are birds nesting on the site. Consequently, I would like to include a condition that the site should not be cleared during the nesting season (1 March to 30 September).
Affordable Housing: This application seems acceptable in terms of numbers, I note that only the flats have been included as affordable dwellings. In relation to social housing, for information, this is the number of applicants needing accommodation in Pwllheli:- 1 bedroom flat – 86 applicants 2 bedroom flat – 102 applicants 3 bedroom flat – 23 applicants Note that many applicants could have selected more than one combination of the above. From the Tai Teg information, one person requires two bedrooms and two people require 3 bedrooms.
Access Officer: Acknowledge what is proposed. However, it is not vey clear from what was noted in the access statement that these houses would comply with the ‘Lifetime Homes Standards’.
Public Consultation: A notice was placed in the press and on the site, and nearby residents were informed. The advertising period ended on 22 November 2012 but no observations or letters of objection had been received.
A letter was received in support of the proposal stating that they welcomed the application and hoped that the construction work would begin soon.
5. Assessment of the material planning considerations:
Principle of the development 5.1 The site lies within the town development boundary and Policy CH3 of the GUDP states that applications for the construction of houses on appropriate unallocated sites within the development boundaries of Sub-regional Centres and Urban Centres will be approved. In relation to housing developments in town centres, Policy CH6 of the GUDP also applies. This policy states that proposals for housing developments on a site, or on part of a site that can accommodate five or more housing units will be refused unless they comply with the criteria of the policy. Criteria 1 asks for a percentage of the units provided to be allocated for affordable need. The proposal is for 25 residential units, and PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
as part of the proposal, the applicants propose to bind the nine apartments as affordable units. This would mean that 36% of the units will be bound for affordable need. This percentage is considered acceptable and it adheres to a similar percentage that was bound through a 106 agreement for affordable and local need in the previous application, namely, C06D/0376/45/LL. Therefore, it is considered that by binding nine units through a 106 agreement for affordable need, the proposal is acceptable in terms of Policies CH3 and CH6 of the GUDP.
Visual amenities 5.2 It can be seen from the planning history that a number of applications have been approved in the past to develop the site, either in its entirety, or to develop a part of it. The most recent approval for developing the site was to construct a maximum of 62 units within three buildings – one five-storey building and two four-storey buildings. In contrast to this, the current proposal asks for a total of 25 residential units with two blocks of three-storey dwellings, a three-storey block of apartments and 2 two-storey dwellings. In terms of the site’s layout, the buildings will be laid out in approximately the same place as those which were approved previously, namely, a row of sea-facing units on the front of the site; a block in the north-east corner; two houses on the site’s western side and the car park in a more central location within the site. The proposal involves a substantial reduction in the density of units on the site. By reducing the density, the scale and size of the proposed buildings will be reduced. Previously, permission had been granted for constructing five and four-storey buildings, however, this application sees a reduction to two and three-storey buildings. The proposal is therefore considered acceptable for the site in terms of its scale and size. It is intended for the external walls to be finished with a combination of coloured render and brick and to have slate roofs. These materials are considered suitable and it will be possible to agree on the colours of the render and the brick in order to blend with the surrounding area. The Town Council has voiced concern regarding the design of the buildings, especially those that are sea-facing. However, given what has been previously approved on the site, it is not considered that much can be done about the current design. The agent was contacted to ask whether they would be able to look at the balance between the windows on the ground floor and the first floor on the front elevation of the sea-facing building and also to submit a plan that will give some indication of the proposed colours to be used. No plan had come to hand when preparing the report. We await an amended plan for the front elevation of the sea- facing units’ front elevation, meanwhile, it is not considered that the proposal will have a detrimental impact on the area’s visual amenities and that the type of proposed buildings are in keeping with surrounding buildings. Therefore, in essence, it is considered that the proposal is acceptable in respect of Policies B22 and B25 of the GUDP.
General and residential amenities 5.3 Residential units are located around the site to the west, north and east. However, due to the location of the proposed buildings in relation to existing residential units and due to the distances between those buildings, it is not considered that the proposal would cause significant harm to the amenities of the local neighbourhood in relation to loss of privacy or overlooking. Additionally, there are some public spaces such as the footpath link with the promenade between the site and the adjacent residential units. It is not considered that the proposal would be an overdevelopment of the site or that it would add to traffic to a degree that would cause significant harm to local amenities. The proposal would reduce the density on the site, and would therefore generate less traffic than what could have been possible under the previous application for 62 residential units. It is considered that PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
the proposal is acceptable in terms of Policy B23 and that it would not cause significant harm to the amenities of the local neighbourhood.
Transport and access matters 5.4 The proposal intend to create a vehicular access to the site from Cardiff Road and there will be foot access from the site to Marian y Môr. It is also intended to create parking spaces within the site with a total of 54 parking spaces for the development meaning that on average, there would be two parking spaces for each unit along with four parking spaces for visitors. The observations of the Transportation Unit have been received regarding the proposal. The parking provision shown is considered sufficient for the type and number of houses proposed and the location of the access is acceptable and more suitable than having a vehicular access to the promenade, as the location has already been identified as a gateway with a white line to protect the access. They also welcome the proposal to build a footpath from the centre of the development to the promenade, however, they recommend that the access road should include a separate footpath in order to separate pedestrians and vehicles along the main access. The applicant was contacted in relation to this and his response is awaited. However, overall, it is considered that the proposal is acceptable in respect of Policies CH33 and CH36 of the GUDP.
Biodiversity matters 5.5 The site itself has not been designated however, the site is approximately 39 metres form the Pen Llŷn a’r Sarnau SAC and the Mynydd Tir Cwmwd a’r Glannau SSSI. Observations on the proposal have been received by the Countryside Council for Wales and although they did not object to the proposal they were eager to ensure that these designated sites would be safeguarded and that the drainage system would ensure that foul water drains would run into the main sewer and that surface water would run to a new soakaway on the site. In their observations, Welsh Water have requested that a condition be included to submit a comprehensive drainage plan for the site. Usually, Welsh Water would be consulted on the details submitted to release such a condition, but it would also be possible to consult with the Countryside Council on the drainage system to ensure that no drainage proposal will have a detrimental impact on the SAC and SSSI. In light of this, the proposal is considered acceptable in relation to Policies B15 and B16 of the GUDP.
5.6 The observations of the Biodiversity Unit on the proposal have also been received. They state that the site was cleared in 2007, however, in the meantime wild plants have established on the land. These plants include species from sand dune habitats, such as sea-grass and some thorns. Therefore, there is a possibility of birds nesting on the site and a condition should be imposed that the site should not be cleared during the nesting season, namely from 1 March to 30 September. In this respect, it is considered that the proposal is acceptable in terms of policy B20 of the GUDP.
Sustainability matters 5.7 A pre-assessment report was submitted in relation to compliance with Level 3 of the Code for Sustainable Homes. This assessment demonstrates that it is anticipated that the house would reach a score of 62.35% and it is anticipated that the house would reach Level 3 of the Code. A condition will be needed with any planning permission to ensure that the completed house reaches at least Level 3, and provided this is done, it is PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
considered that the proposal is acceptable in relation to Policy C7 of the GUDP which involves building in a sustainable manner.
Flooding issues 5.8 The site lies within a B zone as defined on the development advice maps referred to in Technical Advice Note 15: Development and Flood Risk. The observations of the Environment Agency have been received and they did not object to the proposal, however they did suggest conditions to be imposed on any planning permission. These conditions would relate to ensuring finished floor levels of at least 5.4m AOD and the implementation of a surface water management method of the site. It is considered that the proposal complies with policy B29 of the GUDP.
6. Conclusions:
6.1 The proposal is for constructing a total of 25 residential units and nine of them are to be bound by a 106 affordable housing agreement. The proposal is considered acceptable and the type of design and layout for the site is similar to that of the previous permission given for 62 residential units. A plan is awaited from the applicant to seek better balance between the windows of the front elevation of the block of buildings facing the sea and also to gain some idea of the proposed colours for this part of the development. A response is also awaited to the observations of the Transportation Unit in terms of creating a separate footpath near the site’s vehicular access. Otherwise, given that condition will be imposed on the planning permission, the proposal is deemed acceptable.
7. Recommendation:
7.1 To delegate powers to the Senior Planning Manager to approve the application subject to signing a 106 agreement to bind nine of the units for affordable housing and subject to the following conditions:- 1. Commencement within five years. 2. Slates on the roof. 3. Agree on external finish. 4. Complete the access and the parking provision prior to the occupation of the units. 5. Submit a landscaping plan. 6. Implement the submitted landscape plan. 7. Submit certificates in relation to compliance with Level 3 of the Code for Sustainable Homes. 8. Separate disposal of surface and foul water from the site. 9. No surface water to connect with the public sewer. 10. Land drainage run-off not to connect with the public sewer. 11. Submit a comprehensive plan for the site drainage. 12. Finished floor levels of at least 5.40m AOD. 13. Provide and implement a surface water regulation method. 14. No clearing of the site during bird nesting season (1 March to 30 September). 15. Undertake a desktop search to assess potential pollution risk on the site. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Number 9 PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Number: 9
Application Number: C12/1413/11/LL Date Registered: 19/10/2012 Application Type: Full - Planning Community: Bangor Ward: Menai (Bangor)
Proposal: APPLICATION FOR THE CHANGE OF USE OF EXISTING OFFICES INTO SEVEN BEDROOM HOUSE OF MULTIPLE OCCUPATION. Location: BODFAEN, CRAIG Y DON ROAD, BANGOR, LL572BG
Summary of the TO APPROVE Recommendation:
1. Description:
1.1 Application for the change of use of existing offices into a seven bedroom house of multiple occupation.
1.2 The site is located on a junction along Craig y Don Road; and directly behind a terrace of houses along College Road, and opposite the ‘Menai’ pub. The property stands alone and abuts the rear of the cultilage of houses along College Road and an access track behind College Road. There is a small yard to the rear of the property and a single garage. The site is within the development boundary of Bangor City and in a location that is close to the University’s main buildings.
1.3 The property is currently used as offices for the Health Board, and it is proposed to change its use to a seven bedroom house of multiple occupation provided over two floors, which includes a kitchen and a lounge along with two bedrooms and a bathroom on the ground floor and five bedrooms and bathroom on the first floor.
1.4 It is proposed to use the yard to the rear of the property to store refuse and the existing garage to park one car.
1.5 The proposal does not include any external alterations at all.
2. Relevant Policies:
2.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that planning decisions should be in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.
2.2 Gwynedd Unitary Development Plan 2009:
POLICY B23 – AMENITIES - Safeguard the amenities of the local neighbourhood by ensuring that proposals must conform to a series of criteria aiming to safeguard the recognised features and amenities of the local area. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
POLICY C4 – ADAPTING BUILDINGS FOR RE-USE Proposals to adapt buildings for re-use rather than demolition will be approved provided they can conform to specific criteria relating to the suitability of the building, visual considerations, design and the impact on the vitality of neighbouring towns and villages.
POLICY CH14 - CONVERSION OF DWELLINGS INTO FLATS, BED-SITS OR MULTI- OCCUPANCY DWELLINGS Approve change of use of dwellings/residential buildings into flats, bedsits or multi-occupation dwellings provided that it has no negative impact on the social and environmental character of the area.
POLICY CH33 – SAFETY ON ROADS AND STREETS Development proposals will be approved provided they can conform to specific criteria relating to the vehicular entrance, the standard of the existing roads network and traffic calming measures.
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 distance from the site to a public car park.
2.3 National Policies:
Planning Policy Wales, Fifth edition (November 2012)
3. Relevant Planning History:
3.1 There is no planning history to the site, but the following applications are based on local planning history which is relevant to the proposal:
4. Consultations:
Local Members: Object on the grounds that approving another house of multiple occupation in this area would have a detrimental impact on the amenities of nearby residents in terms of parking and refuse.
Community/Town Council: Object on the grounds that the proposal is contrary to policy CH14 of the Gwynedd Unitary Development Plan as the development involves over-provision of student accommodation within houses of multiple occupation in this area, which will have a negative impact on the social and environmental character of the area, and there are not enough parking spaces for the proposed users and therefore the proposal is likely to cause an increase in on-street parking that will have a detrimental impact on the character and amenities of the area.
Transportation Unit: No objection
Welsh Water: Standard conditions and notes PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Access Officer: Need to confirm whether or not the ground floor is accessible to wheelchair users.
Public Consultation: A notice was placed on the site and neighbouring residents were informed. The first consultation period ended on 28.11.2012 and no objection to the application was received.
5. Assessment of the material planning considerations:
Principle of the development
5.1 Policy C4 of the Gwynedd Unitary Development Plan involves adapting buildings for re- use and it states that proposals to adapt buildings for re-use will be approved provided they conform to specific criteria regarding the aptness of the building, visual considerations, design and the effect on the vitality of the neighbouring towns and villages.
5.2 Policy CH14 specifically involves the conversion of houses into flats, bed-sits or houses in multiple occupation. It must be emphasised that this application would not mean converting a house, but nevertheless the basic principles of policy CH4 in terms of the impact of the development on the social character of the area is relevant.
5.3 In this case, the proposal involves changing the existing offices in a seven bedroom house of multiple occupation, and does not include any external changes. The property is located within the development boundary of Bangor City and therefore criterion 2 of the policy noted above, which states that the building should be suitable for its proposed use in terms of form and location is appropriate.
5.4 The building is structurally sound and appropriate to be re-used. The building is located in an area that is characteristic of a residential area to accommodate students (College Road) and it is very close to the University’s main buildings. Following an investigation into the number of houses of multiple occupation in the area, it was discovered that seven out of ten of the nearby properties on College Road (between number 12 and 30) are known to the Council as houses of multiple occupation, and therefore it is considered that accommodation in the form of houses of multiple occupation is characteristic of the area. It is therefore considered that the proposal complies with the requirements of policy C4 of the Gwynedd Unitary Development Plan.
5.5 Bangor City Council’s objection notes that the proposal does not comply with policy CH14 of the Gwynedd Unitary Development Plan which involves the conversion of houses or other residential buildings into flats, bed-sits or houses of multiple occupation, which is supported on condition that the development does not create an over-provision of this type of accommodation in a specific street or area where the cumulative effect would have a negative impact on the social and environmental character of the street or area, or likely to do so.
5.6 The application to hand involves changing the use from offices into a house of multiple occupation, therefore policy CH14 is not relevant in this case. Policy CH14 seeks to safeguard existing houses for residential use and to seek to protect areas of a typical residential character from over-provision of houses of multiple occupation. Having PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
considered the existing character of the location it is not considered that this development would have a negative impact on the social character of the street and its area. Also, the development would not mean the loss of a house – but rather it would add to the residential provision in the area.
General and residential amenities
5.7 Policy B23 of the Gwynedd Unitary Development Plan involves protecting the amenities of the area and any nearby residents.
5.8 In this case, as mentioned above, accommodation in the form of houses of multiple occupation very close to the University’s main buildings is characteristic of the area. The property is located to the rear of a row of terrace houses along College Road and seven out of ten of the properties in the terrace are know to the Council as houses of multiple occupation.
5.9 The proposal involves changing the property from offices to a seven bedroom house of multiple occupation. Currently, the whole property is used as offices, and it is considered that it is reasonable for the building to provide a place of work for around 10-12 individuals who are likely to travel to and from the area using private vehicles, buses, bikes or on foot at different times during the day.
5.10 Another application is submitted under reference number C12/1416/11/LL which proposes to change existing offices into an eight bedroom house of multiple occupation. This property is within the terrace on College Road which already includes seven multiple occupation properties.
5.11 It is not considered that the proposal is likely to cause overdevelopment of the site; it is considered that seven bedrooms is appropriate for the building and the proposal does not include any extensions or external changes in order to provide the accommodation.
5.12 It is not considered that the proposal is likely to have a detrimental impact on the area’s amenities in terms of use, on the grounds that this type of accommodation is already characteristic of the area. As mentioned above, seven out of the ten houses in the single terrace along College Road are houses of multiple occupation, and if it is considered that there is a possibility for each of these properties to provide accommodation for eight individuals there would be multiple occupation provision for 56 individuals within this terrace alone (there are another three multiple occupation properties on the other side of College Road that could add another 24 bedrooms). Therefore it is not considered that adding another seven bedrooms, which is the subject of this application, is likely to have a detrimental impact on the area’s amenities; even when considering the possibility of another eight bedrooms under reference number C12/1416/11/LL. It is considered that the character of the area continues as it has already been established.
5.13 The five properties along College Road that adjoin the property which is the subject of this application are known to the Council as houses of multiple occupation. Therefore, it PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
is not considered that the proposal is likely to have a detrimental impact on the general amenities or privacy of the nearby property in terms of noise or movements.
5.14 It is not considered that the proposal is likely to have a detrimental impact on the area’s amenities in terms of parking as the site is accessible and is convenient to the University, city centre, and train and bus station. It is considered that the property would be appropriate for accommodation in connection with the University and for individuals who work in Bangor City. It is proposed to use the existing single garage and there is on- street parking in the area.
5.15 The proposal notes that refuse will be kept in the yard to the rear of the property and it is considered that this is sufficient.
5.16 It is not considered that the proposal is likely to have a detrimental impact on the amenities of the area or the local neighbourhood for the reasons noted above, and that the proposal complies with the requirements of policy B23 above.
Transportation and access matters
5.18 Policy CH33 of the Gwynedd Unitary Development Plan involves ensuring safety on roads and streets. The site of the proposal is located within Bangor City and it is accessible in terms of its distance to the city centre, the University and transport links (bus and train station) and there is a sufficient road network and parking spaces on the site and on the street. The property is currently used as offices, and it is considered that the change of use is not likely to have a detrimental impact on road safety or any significant increase in vehicles. It is therefore considered that the proposal complies with the requirements of policy CH33of the Unitary Development Plan.
5.19 Policy CH36 of the Gwynedd Unitary Development Plan involves private car parking facilities. The parking provision for one vehicle as a result of this proposal, and this provision already exists. There is also on-street parking in front of the property. Therefore, it is considered that the parking provision is sufficient for the proposal, and that the proposal complies with the requirements of policy CH36 of the Gwynedd Unitary Development Plan.
6. Conclusions:
6.1 In view of the above assessment, I do not consider the proposal to be contrary to any relevant policy. The proposal is unlikely to have a detrimental effect on the amenities of the local area or any nearby properties or the local transport network.
7. Recommendation:
7.1 To approve – conditions – five years, the development is to be completed in accordance with the plans submitted. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Number 10 PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Number: 10
Application Number: C12/1416/11/LL Date Registered: 19/10/2012 Application Type: Full - Planning Community: Bangor Ward: Menai (Bangor)
Proposal: APPLICATION FOR THE CHANGE OF USE OF EXISTING OFFICES INTO EIGHT BEDROOM HOUSE OF MULTIPLE OCCUPATION. Location: 26 COLLEGE ROAD, BANGOR, GWYNEDD, LL57 2AN
Summary of the APPROVE Recommendation:
1. Description:
1.1 Application for the change of use of existing offices into an eight bedroom house of multiple occupation.
1.2 The property is located in the centre of a terrace along College Road. There is a small curtilage to the front of the property and a long and narrow curtilage to the rear. An access track runs past the rear of the terrace between Craig y Don Road and Princes Road. A private parking provision for four cars exists and will be kept on the site.
1.3 The property is currently used as offices for the Health Board, and it is proposed to change its use to an eight bedroom house of multiple occupation provided over three floors, which includes a kitchen and a lounge along with two bedrooms on the ground floor, two bedrooms and two bathrooms on the first floor and four bedrooms on the second floor.
1.4 It is proposed to use the yard to the rear of the property to store refuse and the existing parking spaces for four cars.
1.5 The proposal does not include any external alterations at all.
2. Relevant Policies:
2.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that planning decisions should be in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.
2.2 Gwynedd Unitary Development Plan 2009:
POLICY B23 – AMENITIES - Safeguard the amenities of the local neighbourhood by ensuring that proposals must conform to a series of criteria aiming to safeguard the recognised features and amenities of the local area.
POLICY C4 – ADAPTING BUILDINGS FOR RE-USE PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Proposals to adapt buildings for re-use rather than demolition will be approved provided they can conform to specific criteria relating to the suitability of the building, visual considerations, design and the impact on the vitality of neighbouring towns and villages.
POLICY CH14 - CONVERSION OF DWELLINGS INTO FLATS, BED-SITS OR MULTI- OCCUPANCY DWELLINGS Approve change of use of dwellings/residential buildings into flats, bedsits or multi-occupation dwellings provided that it has no negative impact on the social and environmental character of the area.
POLICY CH33 – SAFETY ON ROADS AND STREETS Development proposals will be approved provided they can conform to specific criteria relating to the vehicular entrance, the standard of the existing roads network and traffic calming measures.
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 distance from the site to a public car park.
2.3 National Policies:
Planning Policy Wales, Fifth edition (November 2012)
3. Relevant Planning History:
3.1 There is no planning history to the site, but the following applications are based on local planning history which is relevant to the proposal:
4. Consultations:
Local Members: Object on the grounds that approving another house of multiple occupation in this area would have a detrimental impact on the amenities of nearby residents in terms of parking and refuse.
Community/Town Council: Object on the grounds that the proposal is contrary to policy CH14 of the Gwynedd Unitary Development Plan as the development involves over-provision of student accommodation within houses of multiple occupation in this area, which would have a negative impact on the social and environmental character of the area and there are not enough parking spaces for the proposed users and therefore the proposal is likely to cause an increase in on-street parking that will have a detrimental impact on the character and amenities of the area.
Transportation Unit: No objection
Welsh Water: Standard conditions and notes
Access Officer: Need to confirm whether or not the ground floor is accessible to wheelchair users. PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
Public Consultation: A notice was placed on the site and neighbouring residents were informed. The first consultation period ended on 28.11.2012 and no objection to the application was received.
5. Assessment of the material planning considerations:
Principle of the development
5.1 Policy C4 of the Gwynedd Unitary Development Plan involves adapting buildings for re- use and it states that proposals to adapt buildings for re-use will be approved provided they conform to specific criteria regarding the aptness of the building, visual considerations, design and the effect on the vitality of the neighbouring towns and villages.
5.2 Policy CH14 specifically involves the conversion of houses into flats, bed-sits or houses in multiple occupation. It must be emphasised that this application would not mean converting a house, but nevertheless the basic principles of policy CH4 in terms of the impact of the development on the social character of the area is relevant.
5.3 In this case, the proposal involves changing the existing offices in an eight bedroom house of multiple occupation, and does not include any external changes. The property is located within the development boundary of Bangor City and therefore criterion 2 of the policy noted above, which states that the building should be suitable for its proposed use in terms of form and location is appropriate.
5.4 The building is structurally sound and appropriate to be re-used. The building is located in an area that is characteristic of a residential area to accommodate students (College Road) and it is very close to the University’s main buildings. Following an investigation into the number of houses of multiple occupancy in the area, it was discovered that seven out of ten of the properties within this terrace on College Road (between number 12 and 30) are known to the Council as houses of multiple occupation, and therefore it is considered that accommodation in the from of multiple occupation is characteristic of the area. It is therefore considered that the proposal complies with the requirements of policy C4 of the Gwynedd Unitary Development Plan.
5.5 Bangor City Council’s objection notes that the proposal does not comply with policy CH14 of the Gwynedd Unitary Development Plan which involves the conversion of houses or other residential buildings into flats, bed-sits or houses of multiple occupation, which is supported on condition that the development does not create an over-provision of this type of accommodation in a specific street or area where the cumulative effect would have a negative impact on the social and environmental character of the street or area, or likely to do so.
5.6 The application to hand involves changing the use from offices into a house of multiple occupation, therefore policy CH14 is not relevant in this case. Policy CH14 seeks to safeguard existing houses for residential use and to seek to protect areas of a typical residential character from over-provision of houses of multiple occupation. Having considered the existing character of the location it is not considered that this development would have a negative impact on the social character of the street and its area. Also, the PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
development would not mean the loss of a house – but rather it would add to the residential provision in the area.
General and residential amenities
5.7 Policy B23 of the Gwynedd Unitary Development Plan involves protecting the amenities of the area and any nearby residents.
5.8 In this case, as mentioned above, accommodation in the form of houses of multiple occupation very close to the University’s main buildings is characteristic of the area. The property is located within a row of terrace houses along College Road and seven out of ten of the properties in the terrace are know to the Council as houses of multiple occupation.
5.9 The proposal involves changing the property from offices to an eight bedroom house of multiple occupation. Currently, the whole property is used as offices, and it is considered that it is reasonable for the building to provide a place of work for around 10-12 individuals who are likely to travel to and from the area using a private vehicle, bus, bike or on foot at different times during the day.
5.10 Another application is submitted under reference number C12/1413/11/LL which proposes to change existing offices into a seven bedroom house of multiple occupation. This property is located directly behind this terrace on College Road.
5.11 It is not considered that the proposal is likely to cause overdevelopment of the site; it is considered that eight bedrooms is appropriate for the building and the proposal does not include any extensions or external changes in order to provide the accommodation.
5.12 It is not considered that the proposal is likely to have a detrimental impact on the area’s amenities in terms of use, on the grounds that this type of accommodation is already characteristic of the area. As mentioned above, seven out of the ten houses in the single terrace along College Road are houses of multiple occupation, and if it is considered that there is a possibility for each of these properties to provide accommodation for eight individuals there would be multiple occupation provision for 56 individuals within this terrace alone (there are another three multiple occupation properties on the other side of College Road that could add another 24 bedrooms). Therefore it is not considered that adding another eight bedrooms, which is the subject of this application, is likely to have a detrimental impact on the area’s amenities; even when considering the possibility of another seven bedrooms under reference number C12/1413/11/LL. It is considered that the character of the area continues as it has already been established.
5.13 One of properties that is either side to this site has planning history as an office. The property that is located the other side does not have any planning history. As mentioned above, the provision of multiple occupation accommodation is characteristic of the area. Therefore, it is not considered that the proposal is likely to have a detrimental impact on the general amenities or privacy of the nearby property in terms of noise or movements.
5.14 It is not considered that the proposal is likely to have a detrimental impact on the area’s amenities in terms of parking as the site is accessible and is convenient to the University, city centre, and train and bus station. It is considered that the property would be PLANNING COMMITTEE DATE: 17/12/2012 REPORT OF THE HEAD OF REGULATORY DEPARTMENT GWYNEDD (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)
appropriate for accommodation in connection with the University and for individuals who work in Bangor City. It is proposed to use the four existing parking spaces on the site and there is on-street parking provision in the area.
5.15 The proposal notes that refuse will be kept in the yard to the rear of the property and this is considered to be sufficient.
5.16 It is not considered that the proposal is likely to have a detrimental impact on the amenities of the area or the local neighbourhood for the reasons noted above, and that the proposal complies with the requirements of policy B23 above.
Transportation and access matters
5.17 Policy CH33 of the Gwynedd Unitary Development Plan involves ensuring safety on roads and streets. The site of the proposal is located within Bangor City and it is accessible in terms of its distance to the city centre, the University and transport links (bus and train station) and there is a sufficient road network and parking spaces on the site and on the street. The property is currently used as offices, and it is considered that the change of use is not likely to have a detrimental impact on road safety or any significant increase in traffic. It is therefore considered that the proposal complies with the requirements of policy CH33of the Unitary Development Plan.
5.18 Policy CH36 of the Gwynedd Unitary Development Plan involves private car parking facilities. There will be a parking provision for four vehicles as a result of this proposal, and this provision already exists. There is also on-street parking in front of the property. Therefore, it is considered that the parking provision is sufficient for the proposal, and that the proposal complies with the requirements of policy CH36 of the Gwynedd Unitary Development Plan.
6. Conclusions:
6.1 In view of the above assessment, I do not consider the proposal to be contrary to any relevant policy. The proposal is unlikely to have a detrimental effect on the amenities of the local area or any nearby properties or the local transport network.
7. Recommendation:
7.1 To approve – conditions – five years, the development is to be completed in accordance with the plans submitted.