PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

EITEM CAIS RHIF CYMUNED LLEOLIAD ITEM APPLICATION COMMUNITY LOCATION NUMBER

1 C12/0059/11/LL Bangor Junction of Deiniol Road and Sackville Road, Bangor 2 C12/0874/16/MW Llandygai Chwarael Penrhyn / Penrhyn Quarry, Bethesda 3 C12/0891/23/LL Llanrug Cae'r Eglwys, Ffordd Llanberis, Llanrug 4 C12/0980/17/LL Llandwrog Dinlle Caravan Park, Dinas Dinlle 5 C12/1001/23/LL Llanrug The Cottage, Pant Afon, Llanrug 6 C12/1002/23/CR Llanrug The Cottage, Pant Afon, Llanrug, 7 C12/1123/22/LL Llanllyfni Tir Ger / Land Nr. - Tir Capel Bach, Penygroes, 8 C12/1189/11/LL Bangor Vron Oleu, The Crescent, Bangor 9 C12/1193/22/LL Llanllyfni The Rectory, Llanllyfni, 10 C12/1283/30/AM Aberdaron Rhan Cae / Part Field AO/OS 1254 ger/near Efail Bach, Rhoshirwaun PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Number: 1 PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Number 1

Application Number: C12/0059/11/LL Date Registered: 14/06/2012 Application Type: Full - Planning Community: Bangor Ward: Deiniol

Proposal: ERECTION OF A NEW FOUR-STOREY BUILDING TO INCLUDE A RESTAURANT AND ASSOCIATED SERVICES ON THE GROUND FLOOR INCLUDING A BAR AND HOT FOOD TAKEAWAY FACILITIES WITH 25 SELF-CONTAINED ONE AND TWO BEDROOM APARTMENTS ON THE UPPER FLOORS AS WELL AS THE CREATION OF A NEW VEHICULAR AND PEDESTRIAN ACCESS, 19 PARKING SPACES, SITE CLEARANCE WORKS INCLUDING TREE FELLING AND SITE LANDSCAPING WORKS. Location: JUNCTION OF DEINIOL ROAD AND SACKVILLE ROAD, BANGOR, GWYNEDD, LL57 1LD

Summary of the TO REFUSE Recommendation:

1. Description:

1.1 Full application for planning permission to construct a new four-storey building to include a restaurant and ancillary 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, along with creating a new vehicular and pedestrian access, 19 parking spaces, clearing the site including felling trees and landscaping the site.

1.2 The application description has been amended from what was originally noted, to include additional details, also, an amended design and access statement was received and additional information relating to traffic matters.

1.3 The site is located within the development boundaries of the city of Bangor, which has been defined as a sub-regional centre in the Gwynedd Unitary Development Plan (July 2009), and is in a prominent location on a plot of land located between Deiniol Road and Sackville Road and close to the city centre. The new roundabout to service the new commercial development on the former Farrar Road football ground is located adjacent to the site's south western boundary.

1.4 Deiniol Road runs along the site’s northern boundary with various university buildings located adjacently along with nearby residential housing and housing on streets leading from Deiniol Road, such as Farrar Road, Lôn Abaty etc. On Sackville Road, which runs along the site’s southern boundary, various sites and uses can be found, including residential housing, a health clinic and public car parks.

1.5 Historically, the site has been used as a garden linked to the former use of the adjacent school building, which is now used as a library for the university. The plot of land PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

includes a number of substantial trees and it appears not to have been formally kept for some time. However, a decision has been made to impose a temporary Tree Preservation Order (TPO) on the site, and there is a report submitted to this Committee with a recommendation to confirm the temporary tree order with amendments.

1.6 The plans included with the committee report show the proposed development, and it can be seen from these details that the scale of the proposed building measures approximately 14.5 metres at its highest point while the finishes will be a combination of render and slate/brick blocks with a flat roof.

1.7 In brief, the proposal will include the following works:  clearing the site, including the felling of all trees  installing infrastructure and services  creating a new vehicular and pedestrian access off Sackville Road  constructing a building and ancillary services including 19 parking spaces (with two disabled spaces) and bicycle storage area.  Landscaping

1.8 The living units will vary in size and type, and an element will be designated for social renting, namely:  14 one bedroom units  6 two bedroom units  3 one bedroom units (social renting)  2 two bedroom units (social renting)

The restaurant would include the following:  325 square metre surface area  tables to seat 135 customers  bar/reception  kitchen  toilets  staff resources / facilities

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:

2.2.1 Taking A Precautionary Approach – Strategic Policy 1 Development proposals that would have an adverse or uncertain impact on the environment, the economy or the Welsh language or the cultural character of the Plan area will be refused unless it can be conclusively shown by an appropriate impact assessment that this can be negated or mitigated in a manner acceptable to the Planning Authority. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

2.2.2 Design Standards – Strategic Policy 4 Developments will be expected to be of a good design in order to ensure that it makes a positive contribution, wherever possible, to the landscape, built environment and sustainable development. Wherever possible, for the landscape, the built environment and sustainable development.

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

Policy B19 – Protected trees, woodlands and hedgerows - Approve proposals that will lead to the loss of, or damage to protected trees, woodlands or hedgerows only when the economic and/or social benefits of the development outweigh any harm.

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

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

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

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

Policy C3 – Re-using Previously Developed Sites - Proposals which give priority to the use of land or buildings previously developed and located within or adjacent to development boundaries will be permitted if the site or the building and use are appropriate.

Policy CH3 – New Houses on Unallocated Sites within the Development Boundaries of local centres and villages – Approve the construction of houses on appropriate unallocated sites within the development boundaries of the Sub-regional Centre and the Urban Centres.

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

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

Policy CH36 – Private Car Parking Facilities - Proposals for new developments, extension of existing developments or change of use will be refused unless off-street parking is provided in accordance with the Council’s current parking guidelines, and having given due consideration to accessibility of public transport, the possibility of walking or cycling from the site and the distance from the site to a public car park. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

 In addition to GUDP policies, full consideration is given to the Authority’s adopted Supplementary Planning Guidance (SPG), which are material and relevant considerations.

Gwynedd Design Guidelines

2.3 National Policies: Planning Policy Wales (edition 4, 2011) Chapter 3 – determining planning decisions and enforcing them Chapter 5 - protecting and improving the natural heritage and coastline Chapter 6 – sustaining the economy Chapter 8 - transport Chapter 9 - housing

Technical Advice Note (TAN) TAN 2: Planning and Affordable Housing TAN 10: Tree Preservation Orders TAN 12: Design TAN 18: Transport

3. Relevant Planning History:

3.1 Application C07A/0627/11/LL – erection of mixed development consisting of retail units, leisure facilities, student accommodation and restaurant – approved 28.01.09.

3.2 Application C06A/0738/11/AM – demolition of football stadium and erection of leisure units (class D2) and class A3 (food and drink) – approved 26.02.07.

3.3 Application C06A/0410/11/LL – variation of condition 2 of planning permission C03A/0184/11/AM (erection of food retail store) to extend the time allowed to submit a detailed application with reserved matters from 27.11.06 to 27.05.08 – approved 06.07.06.

3.4 Application C04A/0600/11/LL – construction of a food retail unit, including road changes – approved 16.01.06.

3.5 Application C03A/00184/11/AM – demolition of existing football club and nursery, Masonic Hall, clinic and existing commercial garage, including abolishing the car hire business and constructing a food retail store, which includes road changes, the addition of a roundabout at the junction between Deiniol Road and Sackville Road, widening of vehicular entrance on Farrar Road (for the use of services) and a pedestrian entrance off the high street – approved 23.10.03.

3.6 Application 3/11/388A – additional car park for the science library on the Deiniol Road and Sackville Road junction - approved 05.11.80.

3.7 Application 3/11/388 – erection of bus shelter – approved 05.04.78.

3.8 In addition to the above planning history, it is relevant to refer to a planning application relating to redeveloping a site on Farrar Road, which did not include this site. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

3.9 Application C11/0013/11/LL – demolition of football stadium and erection of a new food retail store along with parking spaces, access road, service yard and landscaping – approved 22.07.11.

4. Consultations:

Community/Town Council: Object to the original application and the subsequent amendments, due to overdevelopment; lack of parking spaces to sustain 25 living units and a restaurant; no capacity to accommodate the number of vehicles and movements within a restricted space; harmful impact on visual amenities and the character of the area due to the size and design of the proposed building and loss of mature trees affecting the area’s visual amenities.

Transportation Unit: The parking spaces shown for the commercial development are in accordance with the figure recommended within current parking standards, however, no specific provision has been indicated for delivery vehicles and there is no reference to the parking provision for the living units. Nevertheless, the parking standards state that the site’s location is close to existing facilities and links meaning that the development would not require the usual number of parking spaces in this particular location; it is also considered that there are sufficient public and private car parks in the site's vicinity. There are no robust guidelines and policies that can be used as a technical reason to recommend refusal.

Archaeological Service: Standard condition to agree on a programme of research work for the site.

Fire Service: There were no observations in response to the original application or the subsequent amendments.

Housing Strategic Policy It is noted that 20% of the units are being proposed as Unit: affordable, it is suggested that this number is not enough.

Access Officer: Observations and acknowledgement of what is provided.

Member of an adjacent Overdevelopment of the site, impact on road safety and loss Ward: of mature trees.

Joint Planning Policy Unit: It must be considered whether or not the provision of proposed residential units including the mix of units, is acceptable. There is a need to justify providing a restaurant in a location outside the town centre as it is expected to be located in the town centre but outside the main shopping area, a language and community statement could be required to undertake a full assessment.

Trees Officer: It can be seen from the further explanation in this report that the matter of trees being present on the site had been of great PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

importance in determining this application. A full assessment of the site was undertaken by the authority's trees officer who decided that the trees merited being formally protected by a TPO, on the grounds of visual amenities. As approving the development would supersede the TPO and therefore permit felling the trees on the site, there is an objection to approving the application in its submitted form.

Biodiversity Unit: In relation to the trees, although they have no high biodiversity value, they are of value and losing the trees would be an important factor, especially given that a number of trees have already been lost in the city centre. Following a survey of the site, the trees were not considered suitable for bat roosts, although it is likely that they could provide feeding opportunities.

Conservation Officer: The presentation needs to give better consideration to the impact on a nearby listed building, such as photo-montage, details of finishes.

Environment Agency: There is no flooding threat to the site and a standard condition is suggested to restrict surface water overflow with an acceptable method.

Bangor Civic Society: Object on grounds of parking provision / highway matters, need, environmental / waste matters, design and overdevelopment, safety / licensing.

Welsh Water: Standard conditions regarding site drainage and general advice regarding the development, the need to agree on connections and reference to the presence of a public pipe crossing part of the site.

Public Protection Unit: Lack of information on noise and odour control arrangements from the restaurant and the impact on neighbours.

Public Consultation: The application and subsequent amendments were advertised extensively, by placing a notice in the local press (with the original application), placing notices on the site and sending consultation letters to nearby residents. A substantial number of letters of objections were received from local residents, residents from Gwynedd and further afield, and from bodies such as the Friends of the Earth and the Campaign for the Protection of Rural Wales. The most apparent relevant objections are noted as follows:-

 Overdevelopment  Lack of parking.  Unacceptable design and size  Loss of on-street parking spaces PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

 Unacceptable impact on traffic / the local roads network  Unacceptable access  Loss of trees / important green site  Presence of protected species  Impact on the environment / unsustainable  Impact on the area’s character / landscape / visual amenities and residential amenities  Impact on the high street / local economy  Anti-social behaviour / unacceptable noise emanating from the takeaway element.  Lack of consultation / incorrect description by the authority  Misleading information  Impact on biodiversity  Lack of affordable housing  Archaeological matters  Lack of provision for commercial vehicles.  The need for a tree preservation order  Loss of natural water soakaway

As well as the above-mentioned objections, objections were submitted that were not valid planning objections, which included:  Loss of view  Flooding  The food element would have an impact on public health should it be a fast food takeaway.  The developer’s other developments are of a lower standard.  Money needs to be spent on other facilities in the city  Need to improve bus services  Too many student flats.

One letter/correspondence was received which supported the application on the grounds of:  Should only include a restaurant

The original consultation period for the application ended on 12 July. The application’s description was amended and an amended design and access statement was received as well as additional information regarding highway issues. The second consultation period ended on 4 October.

5. Assessment of the material planning considerations:

Principle of the development 5.1 Any development must be assessed on the grounds of local and national adopted policies along with other material considerations such as statutory and public consultation PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

response. Additionally, in this case, due to the decision to issue a temporary TPO, and the recommendation to confirm the TPO with amendments, consideration must be given to the implications of this development in terms of the value of retaining the trees, the application's qualities and the inevitable impact of the loss of these trees on the area's amenities, should the application be approved.

5.2 In principle, the local Planning authority supports applications to reuse sites that are central to established services and close to the city centre, such as in this case. As already noted, there are a number of polices contained in the unitary plan that are relevant in determining this application, however, due to the decision to issue a TPO on the site, the main policies for consideration are A3, B19 and B23. These policies presume against developments should there be any possibility of serious or irreversible damage to the environment, that the economic benefit would outweigh the loss of mature trees and that local amenities would be affected.

5.3 Additionally, it is appropriate to note that there is a common feature to the use of nearby sites and that it is not within the town centre’s defined boundaries, no reference can be made to specific policies for the proposed commercial use in the context of this specific site.

5.4 The site measures 0.12 hectares and contains a number of trees varying in species and size. The surface area of the proposed building and the ancillary services would involve felling all trees on the site in order to construct the building within the site. The application must therefore be carefully assessed against the criteria of policies A3, B19 and B34 and relevant national policies and guidance and to consider whether there is justification for approving the development, a decision that would supersede the TPO.

5.5 It can be seen from the Planning history, that previous applications approved on the site or affecting the site involved felling the trees in order to sustain the developments, nevertheless, despite this previous planning history, this application must be considered on its own merits as it is a new application and it is considered that the context is now different to what it previously was.

5.6 Recently, a planning application has been approved for the redevelopment of the site of the former Bangor City Football Ground known as Farrar Road. In the past when applications to develop this site were received, the site of the application in question here was included as part of this overall development. The recent application on Farrar Road did not include this site within the boundaries of its development and by commencing that development (which is nearly completed at the time of writing this report), previous approvals (if extant) have been replaced.

5.7 Therefore, as it has already been noted, this application must be considered by its own merits, namely, to consider whether this site is the most suitable site for the development shown. What impact would losing the mature trees on the site have on the area's visual amenity; and is there any justification in economic gain terms that would override and justify losing these trees.

Visual, general and residential amenities 5.8 As already noted, this site is in a conspicuous location between Deiniol Road and Sackville Road and within close proximity of Bangor city centre. When approaching the PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

city centre past the railway station, the site, or in particular, the site’s trees are prominent within the streetscape when travelling down Deiniol Road.

5.9 The university buildings, which are parallel to and opposite the site, are substantial buildings, and the majority of them have been set parallel with Deiniol Road. Other nearby buildings are a combination of mainly two-storey and single-storey structures with some developments such as the new Farrar Road shop being larger in bulk.

5.10 Without doubt, this proposed building would be the largest in the area overall, buildings such as the Brambell Laboratories, the Chemistry Department and the relatively new Wales Environment Centre are buildings of greater size but are located where the land rises to their rear and therefore, to some degree, they are better fused in their location.

5.11 The site of this application stands alone with no variation in surrounding land levels and no buildings directly adjacent that are greater in size. Due to the presence of the university’s large buildings, the existing trees and the general appearance of the site create somewhat of a buffer against these buildings and offer some natural greenery within the built-up form of this part of the city.

5.12 Losing these trees would affect the visual amenities of the local area by removing this natural presence in the centre of the current built-up appearance. This would be most apparent when travelling down from the railway station where the trees are conspicuous and offer a screen against nearby buildings and beyond. It is not considered that new landscaping would overcome the loss of these mature trees, any proposed landscaping would be restricted due to the size of the new building and the lack of appropriate space for new plants or trees to grow to an acceptable size would lead to there being very limited outgrowth on site.

5.13 It is considered that this site is important within its location and with the trees, it offers an important and natural feature, particularly given the presence of the large buildings nearby. Consequently, the proposal is considered to be unacceptable as it would lead to the loss of important mature trees that would affect the area’s visual amenities and would not constitute suitable or appropriate use of land. Therefore, the application is considered to be contrary to the criteria of policies A3, B23, B27 and C3 and strategic policy 6 of the Gwynedd Unitary Development Plan.

5.14 Design: This application includes the exact same design and finishes as was approved previously in application C07A/0627/11/LL. This application cannot be considered unacceptable in terms of its design and finish as these matters have been considered previously and were found to be acceptable, therefore, it is not considered that the proposal is contrary to policies B22 and B25 of strategic policy 6. However, reference must be made to the fact that the university building known as the memorial building located directly opposite the site on Deiniol Road, has been listed by CADW since the previous application was approved. This means that the considerations have changed to some degree, in relation to the impact of this development on the layout and character of the listed building. No evidence has been submitted which shows the development in relation to this listed building, but in this case, as no further justification was specifically requested, no weight can be put on this matter as a reason for refusal. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Transportation and access matters 5.15 Objectors have highlighted significant concern regarding the development’s impact on the local roads network in terms of its location and the lack of associated parking spaces. As noted in the response to the consultation, the transportation unit has confirmed that the proposed numbers, although they appear to be low, comply with current parking standard due to the type of development and its location within close proximity of facilities and links. Nevertheless, concern has been expressed regarding the additional pressure the development would impose on existing on-street parking sites, but this concern has not been outlined as an objection to the scheme and therefore the application is not considered contrary to the relevant requirements of policies, CH30, CH33 and CH36.

Biodiversity/Trees Issues 5.16 It is made apparent in reading this report, that the presence of trees on the site is a critical matter in determining this application. The matter is of such importance that it was decided to issue a temporary TPO on the site to safeguard the trees for a short term while the application was being considered.

5.17 This site’s trees have been assessed by the authority’s trees officer. It was noted originally that there was no intention of issuing a TPO for the site, however the matter was reconsidered and it was discovered that the trees scored highly enough in terms of amenity importance to warrant issuing a TPO.

5.18 The trees on the site include a group of black poplar trees that are quite unusual in a civic location such as this, but the true value of the trees are in amenity terms and what they contribute to the area's amenity value.

5.19 The site has been assessed in biodiversity terms by the department’s senior officer and has found there is no high biodiversity value to the site, but it is noted that the loss of the trees is an important factor to consider. Members of the public have claimed that bats are present on the site, and as part of the assessment, a survey of the trees was undertaken and it was found that they were unsuitable as roosts, but that it was likely that bats used the site for feeding.

5.20 A previous TPO was issued on the site in April 2003, but due to the decision to approve the previous planning application, this order was not retained as the status of planning approval supersedes any TPO.

5.21 The previous planning approvals have not been implemented, therefore no rights exist under past approvals; this application must therefore be considered on its own merits. It is obvious that the trees have existed on the site for some time, which poses the question why previous decisions were made to approve developments that would see the felling of these trees as a result of the approval. It is likely that the justification for approving the previous application was due to the benefit of the broader redevelopment it included as this site was part of a development linked to that of the redevelopment of the Farrar Road football ground. Therefore, in relation to previous applications it was considered that the economic benefit outweighed the possible impact of losing the trees on this site and that this loss was perceived to be reasonable given the economic benefit.

5.22 In this case, it is not considered that any regeneration benefit derives from the application to a degree which would justify felling the trees and the loss to the area's visual PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

amenities. Therefore, it is considered that the TPO should be retained for the long term security of the trees as losing them would have a detrimental impact on the area which is contrary to the requirements of policy B19.

Affordable Housing 5.23 In terms of relevant adopted policies, the proportion of affordable units provided is low, this can usually be resolved by holding a discussion with the developer. In this case, a request was not made for an increase in this number as amending this element would not improve the development to a degree that would make it acceptable and that would outweigh other elements of concern relating to the application.

5.24 In simple terms, having more affordable units would not make the application acceptable, it would remain unacceptable as the impact of the building would be unacceptable in terms of matters such as visual amenities and loss of trees protected by a TPO.

Relevant planning history 5.25 This site has a long planning history, mainly as part of wider developments. Planning applications are approved from time to time, where there is an overlap, namely when two planning permissions exist for the one site.

5.26 In this case, it can be seen that the previous application C07A/0627/11/LL was approved in January 2009 with a condition stating that the development should be commenced within five years of the date of the approval, which was to redevelop the Farrar Road football ground and included the element as it is in the existing application.

5.27 Subsequently, application C11/0013/11/LL was submitted for a new shop only on the football ground site without any development outside that site. As already known, this permission has commenced, therefore by implementing this approval it is considered that application C07A/0627/11/LL has been superseded and therefore it was not possible to commence any element of this development as permitted because, in legal terms, the more recent application has commenced and any other approvals do not therefore 'exist'.

The economy 5.28 As referred to above, this proposal is not considered to bring regeneration benefit to the same degree as would have existed with previous, more extensive, applications. These matters must be considered in their current context and it is considered that there is insufficient justification for approving this application when weighed against the loss of these important trees and the detrimental impact this would have on local visual amenities.

5.29 No Community and Language Statement has been submitted, therefore an assessment of the likely impact of this development on this aspect cannot be undertaken.

Any other considerations 5.30 As referred to above, the Strategic Policy Manager, who advises on matters relating to affordable housing, has noted that the development did not offer a sufficient number of affordable units. These matters have been considered, but no weight has been placed on the matter in terms of a reason for refusal as no further discussions regarding the matter have been held with the developers, therefore, it is not considered that the proposal is contrary to policy CH3. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Response to the public consultation 5.31 A significant response was received as part of the public consultation on this application, it was apparent that there were strong objections to the application; mainly due to its impact on local amenities and the concern of losing green space and trees that form the site.

5.32 Paragraph 3.1.8 of Planning Policy Wales 4 2011 states:

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

5.33 A substantial number of objections have been received in relation to the proposed development, however, as noted above, this in itself is not grounds for refusing the application, although the loss of these mature trees is obviously a concern for many, and a consideration in determining the application.

6. Conclusions:

6.1 This proposal is to construct a four-storey building with intensive use on a relatively limited site such as this meaning that felling mature trees and clearing such a notable site as this would be required. It would be difficult to see how the development in its current form, as submitted, would integrate in its location following the loss of trees from the site.

6.2 Serious consideration must be given to the benefits deriving from the application in economic terms and in local terms as well as the relevant planning history. However, having weighed up the proposal in the context of these matters, policies and guidelines as noted above along with the observations and objections received as part of the consultation process, it is not considered that the proposal in its submitted form is acceptable and it does not meet or satisfy the requirement of the noted policies. It is considered that approving this development would deprive this area of the city of Bangor of a notable natural feature, namely a group of mature trees on a piece of land that has remained untouched while developments have grown around it over the years and losing these prominent features would have a detrimental impact on the visual amenities of the nearby area and on views looking towards this area of the city from further afield.

6.3 Given all the relevant matters, including local and national policies and guidelines, relevant planning history and the observations received, it is not considered that the application is acceptable due to its impact on the area’s visual amenities from the loss of mature trees on the site and the proposal would not satisfy the requirements of relevant policies as noted above.

7. Recommendation: - To refuse – reasons

1. Approving this development means felling trees that are protected under Tree Preservation Order A92. Felling such trees cannot be justified, unless there are PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

economic and/or social benefits to the development that outweigh any harm. In this case, it is not considered that there is sufficient justification on the grounds of proven economic benefit. Therefore, felling these 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 recreative value of the preserved tree/coppice

Also, it is considered that the proposal does not meet the requirements of Policy A3 or Strategic Policy 1 which state that proposals will be refused if there is any possibility of serious or irreversible damage to the environment or the community. The proposal is 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 is considered that this site is important within its location and because of the trees, it offers an important and natural feature particularly given the presence of the large buildings nearby. Consequently, the proposal is 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 is considered unacceptable and contrary to the requirements of policy B23. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Number: 2 PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Number: 2

Cais Rhif: C12/0874/16/MW Dyddiad Cofrestru: 12/06/2012 Math y Cais: Mwynau/Minerals Cymuned: Llandygai Ward: Tregarth a Mynydd Llandygai

Bwriad: ESTYNIAD AC ADLINIAD ARFAETHEDIG O WEITHFEYDD CLODDIO LLECHI GYDA CHYNLLUN ADFER CYFNODOL/ PROPOSED EXTENSION AND RE-ALIGNMENT OF SLATE EXTRACTION OPERATIONS WITH A PROGRESSIVE SCHEME OF RESTORATION Lleoliad: CHWARAEL PENRHYN / PENRHYN QUARRY, BETHESDA, BANGOR, GWYNEDD, LL574YG

Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:

1. Description: 1.1 The Site is located on the northern flanks of Carnedd Y Filiast which rises to 821m AOD to the west of Nant Ffrancon. Penrhyn Quarry is divided into two distinct excavation areas being the North Quarry now flooded and the operational South Quarry both of which are flanked by extensive slate waste tips. Penrhyn Quarry is one of the longest established slate quarries in the U.K. where slate is understood to have been extracted from the site from as long ago as 13th century. In Victorian times it employed 3,000 and today the quarry has a workforce of 205.

1.2 The application proposes the realignment and extension of the current workings in order to extract high quality roofing slates and other slate products including sawn slate slabs and architectural material. The site comprises an area of land extending to some 8.1 hectares within which the slate extraction area would extend to some 3.7 hectares. This would necessitate the diversion of the 11KV overhead power line for some 600 metres together with the provision of a surface water leat. The proposed development incorporates mitigation measures identified during the assessment of environmental effects and the provision of a restoration scheme as part of the proposals.

1.3 The site will be worked using those methods currently employed. Overburden materials will be removed by back actor and dump trucks and placed using a tracked bulldozer. The weathered slate will be fractured by blasting and thereafter removed by back actor and dump trucks and disposed of in accordance with the Site Restoration Scheme.

1.4 Extraction of the quality slate is undertaken to minimise fragmentation and so maximise the recovery of slate suitable for processing into roofing or architectural slates. The virgin slate is sawn from the face by diamond wire cutters. The slate won is then transported to a pre-selection area where unsuitable material is visually identified and tipped, with the best quality material then taken to the processing area. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

1.5 The proposed development does not fall within the description and criteria set out in Schedule 1 of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999. The development however does fall within the description of development set out in paragraph 2 to Schedule 2 of the Regulations (quarries, open cast mining and peat extraction) and will impact directly on a SSSI & SAC. Having screened and assessed the proposal in accordance with the development criteria under Schedule 3 and given the scale of the development and the proximity of environmental and landscape designations in the area, a full Environmental Impact Assessment has been submitted with this application.

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:

 STRATEGIC POLICY 1 – Taking a Precautionary Approach  STRATEGIC POLICY 2 -The Natural Environment  STRATEGIC POLICY 3 - Built and Historic Environment  STRATEGIC POLICY 7 – Minerals  STRATEGIC POLICY 16 - Employment  POLICY A1 - Environmental or Other Impact Assessments. Ensure that sufficient information is provided with the planning application regarding any environmental impacts or other likely and substantial impact, in the form of an environmental assessment or assessments of other impacts.  POLICY A2 - Protect the Social, Linguistic and Cultural Fabric of Communities. Safeguard social, linguistic or cultural solidarity within communities against significant harm due to the size, scale or location of proposals.  POLICY A3 - Precautionary Principle. Refuse proposals if there is any possibility of serious or irreversible damage to the environment or the community unless the relevant impact assessment can show beyond doubt at the end of that the impact can be avoided or alleviated.  POLICY B7 - Sites of Archaeological Importance - Proposals that will damage or destroy archaeological remains of national importance or their setting (whether scheduled or not) will be refused. A development which affects other archaeological remains will be permitted only if the need for the development overrides the significance of the archaeological remains.  POLICY B8 – Llyn and Môn Areas of Outstanding Natural Beauty. Safeguard, maintain and improve the character of the Area of Outstanding Natural Beauty by ensuring that proposals conform to a number of criteria aimed at protecting the recognised features of the site.  POLICY B10 – Protecting and Enhancing Landscape Conservation Areas. Safeguard and enrich Landscape Protection Areas by ensuring that proposals conform with a series of criteria aimed at avoiding significant damage to recognised features.  POLICY B12 - Protecting Historic Landscapes, Parks and Gardens. Protection of landscapes, parks and gardens of special historic interest in Wales from developments which will cause significant harm to their character, appearance or setting. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

 POLICY B14- Protecting the Landscape Character of the Snowdonia National Park. Protecting the Landscape Character of the Snowdonia National Park. Proposals which would adversely affect the qualities and special character of the Snowdonia National Park will be refused unless they can comply with a series of criteria which aim to manage, enhance and protect the Park designation.  POLICY B15 - Protection of International Nature Conservation Sites. Refuse proposals which are likely to cause significant damage to the soundness of nature conservation sites of international importance unless they conform to a series of criteria aimed at the management, enjoyment and protection of recognised features within such sites.  Policy B16 – Protection of Nationally Important Nature Conservation Sites. Refuse proposals which are likely to cause significant damage to nature conservation sites of national importance unless they conform to a series of criteria aimed at the management, enjoyment and protection of recognised features within the sites.  Policy B27 – Landscaping Schemes. Ensure that permitted proposals incorporate soft/hard landscaping of high standard which is appropriate for the site and which takes into consideration a series of factors aimed at avoiding damage to recognised features.  POLICY B23 - Amenities. Protection of the amenities of local communities through securing that, proposals comply with a series of criteria which aim to protect recognized features and the amenities of the locality.  POLICY B32 - Surface Water. Proposals that do not include flood minimisation or mitigation measures that will reduce the volume and rate at which run off reaches rivers and other watercourses will be refused.  POLICY B33 – Development That Creates Pollution or Nuisance. Protection of public health, safety or amenities, or to the quality of the built or natural environment as a result of higher levels of pollution.  POLICY B34 - Lighting and Light Pollution. Ensure that proposals do not substantially impair amenity use of adjoining land and the environment.  POLICY C9 - Mineral Development Outside The Llyn Area of Outstanding Natural Beauty. To permit sites for mineral development based on a series of criteria which involve the principles concerning the amenities of local residents, landscape impacts, operational details and the means of working the material produced.  POLICY C10 - Contribution to the Supply of Aggregates. To have regard to current national policy for maintaining a landbank of aggregates minerals and the relevant guidance in Minerals Technical Advice Note MTAN (Wales) 1: Aggregates.  POLICY C12 - Buffer Zones. Planning applications for mineral extraction within the buffer zones identified on the proposals maps will be refused unless a new buffer zone can be provided to reflect the minimum distances referred to in MTAN1: Aggregates.  POLICY C13 – Slate. Proposals for extracting and working slate must conform to a series of criteria in Policy C9 together with geotechnical and economic justification, that there is a need for the development and that the existing quarry cannot fulfil that need.  POLICY C14 - Restoration and Aftercare. Applications for mineral working will be refused unless a scheme for restoration, aftercare and afteruse, including details of proposed funding is included.  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 to incorporate the above satisfactorily within the development and by refusing proposals which will prohibit plans to extend the cycling network, footpaths or rights of way. If this is not possible, appropriate provision will have to be made to divert the route or to provide a new and acceptable route. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

 POLICY CH33 – Safety on Roads and Streets. Development proposals will be approved if they can conform with specific criteria regarding the vehicular entrance, standard of the existing road network and traffic calming measures.  POLICY CH36 - Private Car Parking Facilities. Proposals for new developments, extension of existing developments or change of use will be refused unless off-street parking is provided in accordance with the Council’s current parking guidelines, and having given due consideration to accessibility of public transport, the possibility of walking or cycling from the site and the distance from the site to a public car park.  POLICY D4 – Bad Neighbour Sites. Approve developments of ‘Bad Neighbour’ industries provided the development is located on an allocated ‘bad neighbour’ site and subject to the scale and design being acceptable.

2.3 National Policies:  Protection of Habitats and Species Regulations 2010  Policies, guidance and general principles set out in the Welsh Assembly Government Minerals Planning Policy (Dec 2000),  Policies, guidance and general principles set out in the Welsh Assembly Government Planning Policy Wales (February 2011),  Policies, guidance and general principles set out in the Welsh Assembly Government Technical Advice Note (Wales) 5: Nature Conservation and Planning (2009),  Policies, guidance and general principles set out in the Welsh Assembly Government Technical Advice Note (Wales) 11: Noise  Policies, guidance and general principles set out in the Welsh Assembly Government Technical Advice Note (Wales) 15: Development and Flood Risk  Policies, guidance and general principles set out in the Welsh Assembly Government Technical Advice Note (Wales) 18: Transport  Policies, guidance and general principles set out in the Welsh Assembly Government Minerals Technical Advice Note (Wales) 1: AGGREGATES (March 2004),

3. Relevant Planning History: 3.1 Since 1947 the site has been operated with the benefit of an unconditional Interim Development Order (IDO) planning permission for “proposed tipping areas and quarrying development” was granted by the Ogwen Rural District Council.

3.2 Planning Permission C96A/0020/16/MW, was granted subject to conditions and Section 106 Agreement on 19th January 2000 which superseded the previous IDO consent and the permission granted in 1995 relating to mineral extraction at Penrhyn with an end of life date of 31st December 2032.

3.3 Planning Permission C04A/0519/16/MW, was granted subject to conditions on 31st May 2005 authorises the removal and processing of up to 650,000 tonnes per annum of aggregates from a mineral working deposit until 31st December 2015.

3.4 Planning Ref. C08A/0039/16/MW, Application under Section 73 to vary conditions 5 & 20 of planning permission C96A/0020/16/MW, amended plans for extraction areas (part retrospective) and noise monitoring scheme.

4. Consultations: PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Llandygai Community Council:  Ensure that the quarry continues to employ a local workforce and provides youth training & apprentiship opportunities for the area,  Impose planning conditions to protect the amenities of the area,  Set up a local weather station to monitor climatic conditions that may affect the migration and direction of fugitive dust and its impact on the local community,  Water bowsing regime on quarry haul routes/operational areas,  Reasonable working hours in the interests of the amenities of the area,  Conditions to control light pollution,  Conditions to control blasting,  Restoration proposals will ameliorate the visual impact of old slate tips and promote local biodiversity,  Mitigation and preservation of Stone & Bronze Age features and burial cairns,  Protection & maintenance of public footpaths,

Gwynedd Public Protection: Schedule of conditions to be updated to reflect the modern standards for the effective control of blast vibration, noise & dust in the interests of protecting the amenities of local residents.

Gwynedd Highways & No objection to the proposal given that chapter 16.8 of the non- Transportation Unit: technical statement confirms that the development will not involve any increase in quarry traffic.

Gwynedd Economy &  The economic information submitted as part of the Community: application shows the importance of the slate industry in Gwynedd and it is considered that the proposal to which the application relates is absolutely critical to the company’s future economic contribution.  The company makes a direct and significant contribution to the local economy, employing 205 workers but in addition, jobs within businesses associated with the quarrying activities or companies which provide services for the operating company.  Information submitted with the application confirms the company's present turnover of around £17 million per year, with about £8m in salaries of employees and contractors. As a result of this direct expenditure, it is anticipated that turnover within the economy is significantly higher due to the multiplier effect.  It is not considered that the proposal to extend Penrhyn quarry will affect or influence any development in terms of the Slate Industry of North Wales included as a World Heritage Site designation. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Gwynedd Council Public No objection as the proposal will not impact on public rights Rights of Way Officer: of way.

Gwynedd Archaeological 1st Response Planning Service:  Archaeological report for the re-alignment area meets with the approval of GAPS. Mitigation proposed in the report considered appropriate which may be further secured via planning condition.  Ecological compensation area contains features of known archaeological importance and should therefore be the subject of a full archaeological assessment prior to any planning consent being granted. Further information required on the type of ecological compensation and management regime for this area.

2nd Response  Archaeological assessment for the ecological compensation area meets the required standards. Ecological management regime for this site unlikely to affect known & undiscovered archaeological remains.

Inspectorate of Quarries: No Response.

Welsh Water: No Response.

Scottish Power: No Response.

Bethesda Town Council: No Response.

First Hydro: No Response.

Snowdonia National Park No objection as the proposal will not impact adversely on the Authority: amenity of the Snowdonia National Park

Gwynedd Council No Response. Conservation Officer:

Gwynedd Council Land No Response. Drainage: PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Environment Agency: 1st Response No objection subject to the following comments;  Re-alignment area located within the SAC/SSSI and closer to the headwaters of the Galedffrwd & Afon Marchlyn Mawr. Agency satisfied with the mitigation measures to re-direct surface waters around the current and proposed operational areas.  Site not actively dewatering. Water feature survey of the area identifies a low risk of impact from the quarry.  Subject to the CCW’s agreement, the Agency concede that with all of the mitigation methods outlined in chapters 12 & 13 of the Environmental Statement, combined with the creation of a 12 hectare compensation area, the impact of the re-alignment area will be low-medium. Secure long- term management plan for the compensation area to protect wet heath and grassland features.  Agree with the content of chapter 12 of the ES with regards to flood risk in that the development requires the construction of a Mitigation Leat.

2nd Response Agency add to their previous response that a consent under S.23 of the Land Drainage Act 1991 would be required should the works involve the erection of any dam or weir like obstruction on a watercourse. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Gwynedd Biodiversity Gwynedd Council as Competent Authority for the purposes of Section: the Conservation of Habitats and Species Regulations 2010 (as amended) have carried out an Appropriate Assessment under Regulation 61, in order to ascertain beyond reasonable scientific doubt that the proposal will not adversely affect the integrity of the SAC.

The key issues covered by the appropriate assessment are: 1. The potential direct loss of the wet heath habitat by excavation. 2. The indirect impact on blanket bog habitats and wet heath in Gwaen Gynfi because of potential changes to the hydrology of the SAC. 3. Potential direct loss of habitat feature – wet heath

The appropriate assessment concludes that there will be no adverse impact on the Eryri SAC. CCW concur with this assessment.

Also;  The surveys and assessments provided for the EIA have been undertaken to an acceptable standard.  The applicant has agreed to manage part of the moorland in their ownership currently not within the Eryri SAC to benefit the wet heath habitats.  The habitats within the re-alignment area that will be lost are acid grassland with scattered boulders and bracken. In order to compensate for the loss of this habitat, it is recommended that areas of the quarry that area being restored have a detailed restoration plan that includes a written audit of methods & management with reference to plans.  Approve subject to strict conditions to include; o a detailed habitat creation & restoration plan, o moorland habitat management plan, o construction of and proper functioning of a mitigation leat, o hydrological monitoring regime, o monitoring of leat flow, o construction plan & silt control, o control of excavations within the SAC during bird breeding season & reptile hibernating season.

Summary  There will be no adverse impact on the Eryri SAC because important habitats will be avoided and the hydrological impact will be mitigated.  The loss of moorland within the Eryri SSSI will be mitigated by the management of the additional area.  There are no significant impacts to species of conservation concern.  However the loss of moorland habitats must be compensated by the creation of new habitats. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Countryside Council for 1st Response Wales:  Object to the issue of the permission in that the proposal has the potential to impact directly on wet heath and indirectly on blanket bog habitats, both of which are features of the Eryri Special Area of Conservation (SAC) & Site of Special Scientific Interest (SSSI).  Not enough information to rule out possible adverse effects on the SSSI/SAC. The additional information required is: o Information on the proposed design of the leat, including details of how the water will be redistributed along the lower slope of the realignment boundary (i.e. replicating natural conditions). o Information on the likely footprint of the leat and the working area required for its construction. The information should also detail whether impacts are likely to be permanent or temporary, which habitats will be affected, and propose measures to minimise any impacts (e.g. through the use of matting).  Gwynedd Council as competent authority for the purposes of the Conservation of Habitats and Species Regulations 2010 (as amended) to carry out a test of likely significant effects under Regulation 61. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

2nd Response  The construction of a leat as specified should avoid hydrological impacts on the blanket bog and wet heath habitats of the SAC, the footprint of the leat itself is unlikely to impact on the SAC & SSSI habitat subject to a 5 yearly monitoring and review condition.  Subject to relevant planning conditions CCW believe that the scheme is unlikely to impact on the features of Eryri SAC & SSSI.  CCW do not consider that the proposal will be detrimental to the maintenance of the favourable conservation status of any protected species present in their natural range.  CCW consider that substantial landscape impacts on the Snowdonia National Park are unlikely; but recommend liaising with the SNPA for comment.  CCW object to issue of consent for this proposal until Gwynedd Council as competent authority for the purposes of the Conservation of Habitats and Species Regulations 2010 (as amended) have completed a test of likely significant effects under Regulation 61 for the scheme.

3rd Response Following receipt of the Authority’s Appropriate Assessment - CCW does not consider the proposal (alone or in combination with other plans or projects) to adversely affect theEryri Special Area of Conservation. Subject to the inclusion of planning conditions suggested in previous responses CCW does not object to the proposal. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Public Consultation: Notices have appeared in the local press with site notices displayed in the Bethesda and Mynydd Llandygai area in respect of two separate consultation periods commencing on 21st June and 4th October 2012 respectively. The second consultation period took account of additional information submitted in accordance with Regulation 19 of the EIA Regs. 1999. Four letters of objection have been received highlighting the following concerns;  Commoners rights & availability of land for sheep grazing  No proposals for boundary treatment, dry stone walling  Impacts on the Eryri SAC  Compliance with Habitat Regs. procedure  Mitigation & compensation for loss of SAC  Consideration of alternatives – underground mining  Noise & night-time working, background noise levels low

Three letters have been received in support of the application on the following grounds:  Creation of employment opportunities for young people  Preservation of Welsh culture & language  Retention of local jobs  Local economy

5. Assessment of the material planning considerations:

5.1 The principle of the development 5.1.1 Slate quarrying has been part of the way of life in Gwynedd for centuries and the legacy of its activities has become as much a part of the culture and landscape of the area as the Welsh language and scenery. This application sets out proposals for an extension to one of the largest and oldest quarries located adjacent to the Snowdonia National Park. Ultimately, mineral deposits can only be worked where they are found in geologically and economically viable quantities. There are a number of benefits arising from the proposal which would not be available if the site is not developed as a direct re-alignment of the existing Penrhyn Quarry operations.

5.1.2 The essential planning issues in this case are;  The sensitivity of the landscape - Snowdonia National Park, Landscape Conservation Area, Môn AONB & Landscape of Outstanding Historic Interest,  The direct & indirect impacts of the proposal on a European Special Area of Conservation and Site of Special Scientific Interest, and the undertaking of a test of likely significant effects and appropriate assessment under the Conservation of Habitats and Species Regulations 2010,  The requirement to monitor quarrying operations and the effects on the amenities of PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

the area, i.e. impacts of noise, dust, haulage and working hours,  The economic and social implications of prolonging local employment,  The potential to apply measures for long term mitigation based on continued working for a finite period of time & the opportunities for appropriate restoration,  The need for the development. Policy C13 of the UDP states that proposals for extracting and working slate must conform to a series of criteria in Policy C9 together with geotechnical and economic justification, that there is a need for the development and that the existing quarry cannot fulfil that need.

5.1.3 Policy C13 of the Unitary Development Plan is specific to slate operations and recognises that there is often a conflict between the beneficial contribution of the slate industry to the local economy and the visual impact of minerals development on landscape designations. The policy addresses the fact that there are sufficient reserves of slate for the plan period. It also states that proposals for the winning and working of slate from new sites or extensions to existing quarries will only be allowed in exceptional circumstances, provided that the proposal can be justified on geotechnical and economic grounds and that it would release material of dimension stone quality.

5.1.4 The South Quarry contains 3 geological and geotechnical domains separated by large faults each domain containing its own similar materials and structures.  The Hard Grey Domain  The Purple Domain  The Red and Blue Domain

5.1.5 Generally the slate rock is weathered to an average depth of some 60 metres below the existing surface at a level of c. 342m AOD. Whilst the total re-alignment area extends to 8.1 hectares the area of excavation within this overall area extends to 3.7 hectares.

5.1.6 Given the annual production rate of 400,000 tonnes per annum of roofing slate, architectural material and secondary aggregates, the lifespan of the current operation is estimated at approximately 5/6 years. The recent collapse of the hard grey reserve on the south eastern side of the quarry has severely constrained the workable area of the current face and it is anticipated that the actual lifespan of the operation is considerably less. With the release of permitted reserves within the proposed re-alignment, the workable area may be extended along the northern extent of the quarry, thereby allowing the company to prospect the purple, blue and red slate domains and extend the lifespan of the operation by a further 15 years up to 2032.

5.1.7 The applicant has considered alternative sources of slate with this application as well as alternative extraction methods referred to in the latter part of this report. This application seeks to secure development involving a re-alignment or extension to an existing permitted scheme of working where known reserves of quality slates exist, as opposed to prospecting for material in new sites or recommencement of long-dormant mineral sites.

5.1.8 The proposal to re-align and extend the extraction area will release specialist roofing material and material of dimension stone quality, and it is considered that the proposal conforms to the requirements of the policy in principle. Any waste produced by the new PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

extraction areas may either be utilised as aggregate or decorative material with the disposal of any surplus, low-grade material accommodated within the existing tipping regime granted under the terms of the ‘2000’ permission.

5.1.9 Subject to the consideration of all other material planning considerations, it is considered that the development in principle complies with National and Regional Planning Policy and Guidance as well as the requirements of Policy A1, A3, C9, C10 & C13 of the Unitary Development Plan.

5.2 Visual and Landscape 5.2.1 A landscape and visual assessment of the proposed development has been completed in accordance with accepted guidance through desktop study and fieldwork. The landscape and visual impact assessment includes an appraisal of the visual impact of the development on the Snowdonia National Park and the Landscape of Outstanding Historic Interest. It utilises a selection of viewpoints and computer-generated visualisations showing the location of the development in the context of the current permitted scheme of extraction and its setting within the wider landscape, including the Môn Area of Outstanding Natural Beauty. The assessment makes an appraisal of the direct and indirect (physical & non-physical) impacts of the development on the surrounding landscape, as well as local impact with mitigation proposed to minimise these impacts.

5.2.2 The potential significance of landscape and visual impacts is determined by a combination of the magnitude of the potential impact and the sensitivity of the landscape setting to change. The proposed development would cause direct impacts on landscape of the application site which is unavoidable due to the nature of mineral extraction.

5.2.3 The sensitivity of the surrounding landscape designations, residential areas and recreational receptors have been taken into account. Distance and the scale of the proposed realignment are also key factors, as the proposed realignment would be difficult to distinguish from the current permitted quarry operations from viewpoints further afield.

5.2.4 Possible visual and landscape impacts include a combination of site operations, vehicle movements, stockpile storage & screening mounds, exposed rock faces and loss of landscape elements including landform and vegetation both during extraction and post restoration. The landscape impacts of the proposal however, may be further reduced via the proposed mitigation and restoration works designed to assimilate the area of extraction to the surrounding landscape.

5.2.5 Mitigation includes, screening bunds, direction and phasing of working, placement of overburden and weathered slate as part of the site restoration scheme, retention of archaeological and ecological features of interest, specifically;  Phasing and working direction of slate extraction operations so as to best utilise existing landform features, i.e. to work behind a natural ridge on the south eastern side of the archaeological feature (sheepfold),  Early regeneration of exposed rock faces when extraction is completed in each phase,  Progressive restoration of worked out areas and regeneration of the historic slate waste tips located outside the area of application but contained within the envelope of the overarching scheme,  Restoring the historic slate waste tips with an emphasis on nature conservation. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

5.2.6 Restoration proposals are set out generally in line with the restoration scheme approved under the 2000 planning permission. Many of the techniques and skills developed and used in this process are exclusive to Penrhyn Quarry where all trees, shrubs and heathers as well as many of the grasses and wild flowers are sourced from local provenance. There are issues of historic landscape and biodiversity to be considered and the company have formulated their own restoration strategy based upon studies and specialist programmes of restoration configured to integrate these elements; e.g. ‘Restoring Habitats of High Conservation Value after Quarrying – Life Project in conjunction with Bangor University’.

5.2.7 The aim of the restoration programme is to encourage the natural process of regeneration and reinstatement of land damaged by quarrying activity. Certain areas of the quarry have already been subject to the processes of natural regeneration, providing a conservation model for the quarry restoration management programme. In addition, a substantial amount of tree planting and heather establishment has been undertaken on the north eastern tips and south western flank of the current extraction area in accordance with a programme that includes a variety of planting methods and trial areas for heather establishment. The scheme allows for the replication of the landscape of Moel y Ci mountain opposite which mainly consists of heathland vegetation. Restoration proposals will also include for the phased replacement of 750 metres of stone walling, along the Company property boundary.

5.2.8 It is therefore important for the success of the scheme that the restoration works are monitored so that the techniques and methodologies may be applied in a cohesive strategy for the whole site.

5.2.9 The Landscape and Visual assessment concludes that the direct physical and indirect visual impact of the proposed extraction area range from ‘Moderate to Negligible/None’, and the impact of the proposals on the historic landscape would be slight. Although the site is located adjacent to the boundary of the National Park, it is not considered that the proposal will materially affect the landscape character of the area given the proximity of current and historic workings and the landscape in which it is set. In their consultation response, the National Park Authority do not object to the proposal in that the development would not have an increased impact on the visual amenities of the National Park.

5.2.10 It is considered therefore that the submitted scheme of restoration and schedule of conditions is sufficient to mitigate for the potential visual & landscape impacts of the development and complies with the requirements of Policy A1, A3, B7, B8, B10, B12, B14, B27, C9, C10 & C14 of the Unitary Development Plan.

5.3 General and residential amenities 5.3.1 The authority has consulted with both the Environment Agency and Gwynedd Council Public Protection Department on the application and whilst there are issues that require additional permits and consents under their specific remit, the proposal by its nature is similar to the type of activity that has been implemented on the site for many years. The authority continues to monitor specific observations or issues in respect of potential nuisance or the impact of quarry operations on residential amenities and such instances PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

are brought to the attention of the quarry liaison group which has been conducting regular meetings every six months since its resurrection in 2008.

5.3.2 The group essentially constitutes a forum for the exchange of views and ideas between parties most affected or which are involved in the operation of the quarry, namely the community & local residents, the local planning authority and quarry operator. There have been relatively few instances of complaint reported to the group and it is considered that the site can operate without adversely impacting upon the amenities of the area under the terms of the conditions imposed on previous permissions granted on the site.

5.3.3 The application states that the existing noise climate has been assessed at neighbouring properties and predictions of maximum future noise levels have been undertaken in line with relevant British Standards and Welsh Government Guidance. With the development of wire saw technology, the operator may secure a better yield of material for high end uses such as roofing slate and architectural material without having to resort to blasting techniques that would otherwise cause fragmentation of the rock. Where geological and operational conditions allow, 60% of the material may be recovered from the working face using wire saw technology thereby reducing the impacts of blasting considerably.

5.3.4 In response to consultation, the community council requested that planning conditions be imposed to protect the amenities of the area from the impacts of noise, blast vibration and light pollution. The Public Protection Service has stated that there will be a requirement to review current noise and blast vibration limitations to ensure that conditions imposed on the grant of permission are reflective of the guidance issued in Welsh Government Guidance MTAN1.

5.3.5 Minerals Planning Policy Wales 2000 & MTAN 1 Wales, Aggregates recognises that there is often a conflict between mineral workings and other land uses and has established the principle of buffer zones around permitted and allocated mineral extraction sites. The objective of a buffer zone is to protect land uses that are most sensitive to the impact of mineral operations by establishing a separation distance. MTAN 1 further recommends that a minimum distance of 200 metres should be adopted for hard rock quarries and that Development Plans should indicate the boundary of a buffer zone for each mineral working. A buffer zone of 200 metres has been established around the periphery of Penrhyn Quarry in the Gwynedd Unitary Development Plan, and in respect of the proposal to re-align and extend the current workings, it should be noted that there are no residential properties within 1,000 metres of the application area.

5.3.6 With the imposition of updated planning conditions, as recommended by the Public Protection Service, to ensure that noise and blast vibration impacts from the winning and working of minerals may be controlled, it is considered that there would be no adverse impact on amenities of local residents and that the development conforms to policy A1, A3, B23 (Amenities) & D4 of the UDP (amenities & Bad Neighbour Site).

5.3.7 The air quality assessment deals with the potential issues arising from mineral extraction and restoration transfer of slate to the existing processing plant. Potential sources of dust have been identified and best practice dust control measures are recommended as currently required under planning conditions in order to minimise any such disturbance at nearby sensitive locations. Local climatic conditions have been assessed in order to indicate how often the proposal could be susceptible to fugitive dust events and a full PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

PM10 assessment undertaken at Penrhyn Quarry shows that the proposal will not exceed the Air Quality Objectives.

5.3.8 In response to consultation on the application, Llandygai Community Council requested that the operator sets up a local weather station to monitor climatic conditions that may affect the migration and direction of fugitive dust and its impact on the local community. This view has been supported by the public protection officer at a quarry liaison meeting and it is considered therefore that it would be reasonable to include for a weather station in the schedule of planning conditions and the proposal in terms of dust control, therefore complies with policy A1, A3, B23 (Amenities) & D4 of the UDP (amenities & Bad Neighbour Site).

5.4 Alternative Extraction Techniques 5.4.1 The site will be worked using those methods currently employed. Overburden materials will be removed by back actor and dump trucks and placed using a tracked bulldozer. The weathered slate will be fractured by blasting and thereafter removed by back actor and dump trucks and disposed of in accordance with the Site Restoration Scheme.

5.4.2 Extraction of the quality slate is undertaken to minimise fragmentation and so maximise the recovery of slate suitable for conversion into roofing or cladding slates. The virgin slate is sawn from the face by diamond wire cutters. The slate won is then transported to a pre-selection area where unsuitable material is identified and tipped, with the best quality slate then taken to the processing area. The blast and vibration levels will be similar to the same controls as currently implemented under the provisions of the current consent and it is not considered therefore that the geographical extent of the re-alignment area will result in any significant change in this respect.

5.4.3 With regards to other means of extraction, there has been no significant operations involving the underground mining of slate at Penrhyn quarry for over 200 years, given the complex geological and structural characteristics of the working face which makes it unsuitable for underground mining.

5.4.4 The layout and design of pillars and caverns needs careful consideration of the geological setting and in the case of Penrhyn Quarry, the width of the productive slate domain is demarcated to the NW & SE by two major boundary faults and restricted to 140 metres. Unlike Ffestiniog, and other areas where underground mining has been undertaken, the slate strata at Penrhyn are not interbedded with stronger rock units such as lavas and chert bands which have been used to form the roof and floors of large underground chambers.

5.4.5 The cleavage & bedding at Penrhyn, or foliation along which the rock splits into individual slates, is near vertical and parallel to the faults demarcating the productive slate domain with the rock mass further cut by numerous joints and smaller faults. In Ffestiniog, the cleavage & bedding is typically 35-40 degrees, but the steep cleavage at Penrhyn will result in the sidewalls being prone to spalling and toppling requiring significant bolting and support measures. The presence of steeply inclined joints will have a significant influence on local chamber stability and pillar stability on several levels.

5.4.6 All of the above indicates that underground mining would be at a high safety risk and further will not maximise the recovery of a high quality and finite slate reserve as large PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

pillars and thick floors will be required along with significant support structures to ensure underground stability and the safe operation of the mine. Given the restrictive geology and the requirement to comply with modern health and safety legislation, it is considered that the winning and working of slate by underground means at Penrhyn Quarry is neither practical nor safe and which overrides any financial considerations.

5.5 Traffic, Access Matters, Common Land & Public Rights of Way 5.5.1 The proposal would not result in more HGV movements and simply releases the full potential of the mineral resource in line with the currently permitted life span of December 2032. There would be no increase in vehicle movements resulting from the grant of planning consent. In response to consultation, Gwynedd Highways and Transportation department confirmed that they had no objection to the proposal given that the development will not involve any increase in quarry traffic. There is sufficient off-street parking provided within the quarry and it is considered therefore that the proposal complies with Policy CH33 & CH36 of the Unitary Development Plan.

5.5.2 The proposal does not directly affect any public rights of way with footpath 47 lying some 400 metres to the North West. No objections or observations from the authority’s public rights of way officer had been received in response to consultation on the application. The site lies within an area registered as Common Land namely Mynydd Llandegai (CL106) and a separate consent will be needed from the Welsh Government for the re-alignment area under Section 38 of the Commons Act 2006. The Commons extend over a total area of some 323.5 hectares of which up to 3.7 hectares would be lost to the development representing 1.1% of the total. Under present legislation there is an assumed right of the owner of the soils and minerals to work those minerals whilst causing as little disruption as possible.

5.5.3 The Mynydd Llandegai Common has been identified by the Countryside Council for Wales as open access land under the provisions of the Countryside and Rights of Way Act 2000, which rights include access for recreation. However, under the provisions of the Countryside and Rights of Way Act 2000 a “right to roam” over open countryside was established subject to certain limitations, there being a specific exclusion for mineral workings.

5.5.4 With respect to the loss of grazing land, approximately 12 hectares of moorland will be managed for nature conservation to provide mitigation and compensation for the loss of SSSI. The management scheme may include for low intensity grazing by sheep. In their consultation response the CCW stated that the quarry extension has the potential to impact on SAC habitat through reduction of grazing land. Given however that the reduction in grazing area is approximately 1.14% of the total area, the CCW conclude that the impacts are not significant and that there will be NO ADVERSE EFFECT on the integrity of the SAC.

5.5.5 An overhead 11kv power line traverses the application site being suspended from wooden poles. The line is the subject of a Wayleave Agreement dated June 1965 and upon grant of this application will require to be diverted over a distance of some 600 metres. The overhead line is the subject of a separate planning application.

5.5.6 The proposal therefore complies with the requirements of Policy CH22 & C14 of the Unitary Development Plan. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

5.6 Hydrology 5.6.1 The quarry is located in mountainous terrain in an area of high rainfall where surface water runoff is significant during storm events.

5.6.2 The current planning permission includes an interception leat above part the south- eastern lip of the current void, which continues around the southern tip of the void before conveying the water downslope along the development boundary and distributing it into the Gwaen Gynfi wetland area. A new leat is required and the design thereof has been prepared in order to provide detail on how the proposed mitigation can be implemented to address the following concerns from CCW;  Information on the proposed design of the leat, including details of how the water will be redistributed along the lower slope of the realignment boundary (i.e. replicating natural conditions).  Information on the likely footprint of the leat and the working area required for its construction. The information should also detail whether impacts are likely to be permanent or temporary, which habitats will be affected, and propose measures to minimise any impacts (e.g. through the use of matting).

5.6.3 The existing mitigation scheme comprising of an interception leat and spillway remains relevant and will need to be extended by some 400 metres to account for the extra incident rainfall over the area of the proposal. The surface water collected would be directed around the edge of the excavation and discharged back onto the hillside to flow to the wet heathland and peat bog known as Gwaen Gynfi. Amended details submitted with the application confirm measures required to mitigate the surface water runoff and conceptual design of the leat.

5.6.4 This channel will outfall into an attenuation pond to capture suspended solids and distribute the flow of water to three key receptors; the existing watercourse to the south- west of the development area, the wet heathland at the southernmost tip of mire community and south western extent of the realignment area and the greatest proportion of flow routed to the main recharge spillway on the north-western extent of the working so as to distribute water over a larger area downslope of the development.

5.6.5 Although the leat will be constructed within the Eryri SAC, no construction is to take place within protected wet heath features. Construction will be carried out by specialist contractors from the quarry side of the leat so as limit the damage to the SAC from construction traffic to operational areas within the boundary of the application, including the proposed extraction area. The extended leat will be the subject of an Appropriate Assessment under Regulation 61 of the Conservation of Habitats and Species Regulations 2010. In response to consultation, the Environment Agency confirmed that they had no objection to the provision of the mitigation measures to re-direct surface waters around the current and proposed operational areas.

5.6.6 Subject to the CCW’s agreement, the Agency concede that with all of the mitigation methods outlined in chapters 12 & 13 of the Environmental Statement, combined with the creation of a 12 hectare compensation area, the impact of the re-alignment area will be low-medium. It is considered therefore that the provision of a leat to re-direct surface waters, in order to replicate the flow of water downslope into the Gwaen Gynfi SAC, PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

meets with the requirements of Policy A1, A3, B32 & B33 of the Unitary Development Plan.

5.7 Ecology and The Eryri Special Area of Conservation and Site of Special Scientific Interest 5.7.1 The proposed re-alignment area is within the Eryri SAC & SSSI selected for its features of geological, geomorphological and biological interest. It is a large site covering many mountains and is a total of 20,343 ha. It is of special interest for its upland habitats including lichen and bryophyte heath, montane heath, dry heath, wet heath, blanket bog, flush and spring, calcareous grassland, tall herb and fern ledges, vegetated scree and broadleaved woodland communities and for its inland rock exposures with crevice vegetation and low nutrient lakes, with a mixture of other habitats including acid and neutral grasslands, fen, rush pasture and marshy grassland, swamp, bracken and scrub along with a large number of streams and rivers.

5.7.2 Gwynedd Council as Competent Authority for the purposes of the Conservation of Habitats and Species Regulations 2010 (as amended) has carried out an Appropriate Assessment under Regulation 61, in order to ascertain beyond reasonable scientific doubt that the proposal will not adversely affect the integrity of the SAC.

5.7.3 The key issues covered by the appropriate assessment are:  The potential direct loss of the wet heath habitat by excavation.  The indirect impact on blanket bog habitats and wet heath in Gwaen Gynfi because of potential changes to the hydrology of the SAC.  Potential direct loss of habitat feature – wet heath

5.7.4 Direct impact on SAC Habitats: The proposed re-alignment area is within the Eryri SAC. It will result in the loss of 3.7ha of upland moorland within the Eryri SAC. The realignment area avoids SAC features and especially wet heath habitats. The proposed area for quarrying is within the SAC but the habitats here are upland acid grassland and scattered boulders and a patch of bracken and are not features of the SAC.

5.7.5 The appropriate Assessment concludes that this proposal WILL NOT cause the direct loss of wet heath communities Annex 1 habitats and therefore NO ADVERSE AFFECT on the integrity of the SAC.

5.7.6 Indirect impact on SAC Habitats: Potential indirect changes to hydrology and water flow to the SAC because of loss of hill slope above and damage to wet heath communities and blanket bog. The permitted quarry extension and proposed re-alignment includes mitigation to avoid the adverse effect of the proposal on attributes and/or features and in relation to conservation objective for the features (changes in the composition of the habitats). An interception leat upslope of what will be come the quarry void. The water flowing down the slope above the quarry void will be captured in the leat and channelled around the void and discharged on to the lower hillside allowing water to reach Gwaen Gynfi (part of Eryri SAC) and the sensitive habitats (blanket bog and wet heath).

5.7.7 The Appropriate Assessment concludes that there is NO ADVERSE AFFECT on the integrity of the SAC as a consequence of any indirect impacts. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

5.7.8 This proposal will result in the loss of 3.7ha of the Eryri SSSI and in order to mitigate for the impact of the proposal, the applicant has agreed to manage 12ha of the moorland currently not within the SSSI. This area already supports wet heath, dry heath and acid grassland habitats and it is recommended that a management plan is produced and agreed by CCW.

5.7.9 The EIA included surveys and assessments for vegetation, invertebrates, birds, fungi, lichens, badgers, bats, otters, water voles, great crested newts which have been undertaken to an acceptable standard. Some lichens occur on rocks within the extraction area which may be relocated but generally, the proposal is unlikely to affect fungi, rare flora and habitats. Conditions may be imposed to control the timing of soil stripping and ancillary operations within the area of the SAC and which may affect breeding birds and reptiles and in this regard, stone walling removed during the advancement of extractive operations may be restored along the boundary of the site.

5.7.10 The habitats within the re-alignment area that will be lost are acid grassland with scattered boulders and bracken. In order to compensate for the loss of this habitat, it is recommended that areas of the quarry that area being restored have a detailed restoration plan that includes a written audit of methods & management with reference to plans.

5.7.11 Both the CCW & Gwynedd Biodiversity section have advised that conditions be imposed on the grant of permission to address the following issues; o Moorland habitat management plan for the compensation area to be agreed with the LPA & CCW, o A detailed habitat creation & restoration plan to be agreed with the LPA & CCW, o Leat construction method statement to be agreed beforehand with the LPA & CCW prior to the commencement of extraction, in order to minimise the impacts on habitats during the construction phase, o Restriction on vegetation clearance at specific times of the year unless it can be proven in writing that the work will not disturb birds & reptiles, o Construction of the leat within a specified timescale to be agreed in writing with the LPA & CCW, o Fencing to be agreed with the LPA & CCW, o Monitoring of leat flow as part of a 5-year formal review to assess the functioning of the leat, the hydrology of Gwaen Gynfi & requirement for any maintenance works, to be agreed in writing with the LPA & CCW. It is important that the functioning of the leat is checked and if necessary any alterations to the leat undertaken if required. Monitoring of the condition of the blanket bog required, o Detailed leat design report to be agreed in writing with the LPA & CCW, o Appropriate means to be agreed beforehand with the LPA & CCW in order to protect the adjacent mire from potential damage by dust, silt & leachate, o Control of operations within the SAC during bird breeding season & reptile hibernating season.

5.7.12 The Appropriate Assessment concludes that there is NO ADVERSE AFFECT on the integrity of the SAC as a consequence of temporary potential pollution and alterations to water quality and chemistry during construction of leat (wet heath communities & blanket bog). PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

5.7.13 The Countryside Council for Wales agree with the conclusion of the Appropriate Assessment and that the proposal to re-align the quarry workings at Penrhyn (alone or in combination with other plans or projects) is not likely to have a significant impact on the features of the SAC and will not affect the integrity of the site.

5.7.14 It is considered therefore that the development and complies with National Planning Policy guidance as well as Policy A1, A3, B15, B16, C9 & C14 of the Unitary Development Plan.

5.8 Archaeology 5.8.1 The application area has been configured so as to avoid a large and very obvious multicellular sheepfold which overlies part of a more significant prehistoric settlement consisting of several elements along the northern boundary of the proposed extraction area..

5.8.2 An archaeological evaluation has been carried out in advance of the proposed Penrhyn Quarry re-alignment which meets the required standards for this type of work. The study involved a review of the available documentary cartographic and photographic sources followed by walk over surveys and latterly site investigations. This evaluation formed the third part of a wider programme of assessment, the aim of which was to evaluate the archaeological importance of four features identified in earlier phases of this assessment namely:  A possible Burial Cairn (Site 15)  A suspected prehistoric structure (Site 16)  A possible ruined hut circle (Site 14)  A large cleared area (Site 20)

5.8.3 The findings confirm that in respect of Sites 14, 16 and 20 there was no archaeological evidence with no further work needed. Full excavation of Site 15 is recommended prior to extraction commencing which may be covered under planning condition. The upper land terrace contains little or no archaeology and the proposal would not produce a major negative impact on the known archaeology, provided that a watching brief carried out during top soil stripping.

5.8.4 In response to consultation, the Gwynedd Archaeological Planning service requested that an archaeological assessment be carried out on land at Gwaen Gynfi, which has been identified for a proposed ecological mitigation area.

5.8.5 A further archaeological study of this area was undertaken to the required standards and which confirmed the presence of archaeological features within the mitigation/compensation area with the potential for further archaeological evidence to exist within peat deposits. The ecological management regime for this site however only includes the minimal intervention with the area retained for low intensity sheep grazing.

5.8.6 It is expected that if the ecological compensation is primarily managed grazing then there would be negligible impact upon the standing and buried archaeological remains. There is therefore no justification for further archaeological evaluation of features in the form of archaeological trial excavation if the ecological management regime requires no intervention, i.e. the situation to remain the same. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

5.8.7 Subject to a planning condition requiring appropriate archaeological mitigation prior to and during the course of development, the proposal is compliant with the requirements of Policy A1, B7 & B12 of the Unitary Development Plan.

5.9 Sustainability matters 5.9.1 As Mineral Planning Authority, the Council has a duty to ensure that mineral resources are exploited in a sustainable way so that they can make an appropriate contribution to the area’s construction materials requirements. Gwynedd has a long history of mineral extraction and it remains an important facet of its economic and social make up. There are extensive deposits of a variety of materials suitable for exploitation in North Wales, particularly igneous rock, sand & gravel and limestone. Slate workings in Gwynedd are widespread and have traditionally been associated with the production of high quality roofing material. More recently its application has ventured into architectural sawn slabs, decorative building materials as well as the use of slate waste as a secondary aggregate to substitute traditional primary resources.

5.9.2 This application seeks to secure development involving a re-alignment or extension to an existing, permitted scheme of working where known reserves of quality slates exist, as opposed to prospecting for material in new sites or recommencement of long-dormant mineral sites. Where geological and operational conditions allow the use of wire saws to extract slate from the working face, the blasting regime may be reduced by 60% thereby minimising the fragmentation of rock and so to maximise the yield of material available for roofing or high quality architectural material.

6. The Economy 6.1 The local community council support the application on the grounds that the development will bring employment opportunities to the area and that it should be ensured that the quarry continues to employ a local workforce and provides youth training & apprentiship opportunities for the area. The development proposed extends the operational lifetime of the quarry and therefore extends the period of employment of workers employed directly and indirectly as a result of the quarry operations. Furthermore, the retention of a local workforce has positive impacts on the culture and more specifically, the status of the Welsh Language in the region.

6.2 In response to consultation, Gwynedd Council Economy & Community service confirmed that the information submitted as part of the application shows the importance of the slate industry in Gwynedd and that that the proposal to which the application relates is absolutely critical to the company’s future economic contribution. The company makes a direct and significant contribution to the local economy, employing 205 workers but in addition, jobs within businesses associated with the quarrying activities or companies which provide services for the operating company. The application confirms the company's present turnover of around £17 million per year, with about £8m in salaries of employees and contractors. As a result of this direct expenditure, it is anticipated that turnover within the economy is significantly higher due to the multiplier effect.

6.3 The proposal will therefore be likely to make a positive contribution on the economy of the area in accordance with Strategic Policy 16 and Policy A2 of the Unitary Development Plan. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

7. Response to the public consultation 7.1 The main concerns raised by third parties in response to consultation the application consists mainly of the potential impact of noise on residential amenity, commoners rights & availability of land for sheep grazing, proposals for boundary treatment, dry stone walling, impacts on the Eryri SAC & compliance with Habitat Regs procedure, mitigation & compensation for loss of SAC, consideration of alternatives including underground mining and the impacts of noise & night-time working.

7.2 The Local Planning Authority has considered these objections as material considerations in preparing a recommendation for this application. Furthermore, the material considerations relevant to this proposal have been assessed having regarding to the relevant planning policies and guidance and it is not considered that that there is justification to refuse this application.

8. Conclusions: 8.1 There is unlikely to be any apparent change in site working conditions with moderate change to the visual impact of the workings within the overall setting of the degraded quarry landscape. There are no overriding planning policy issues sufficient to warrant refusal of planning permission, and issues relating to noise, dust & environmental controls are well established on this site.

8.2 The Appropriate Assessment concludes that there is NO adverse affect on the integrity of the SAC as a consequence of any indirect impacts.

8.3 The quarry will continue to exploit high quality reserves of slate for roofing, sawn slabs, architectural material and other uses and in doing so, will secure long-term employment opportunities in the area with a direct and significant contribution to the local economy.

8.4 The scheme of restoration includes the treatment of the exposed faces within programme of phased working but could also monitor the establishment of appropriate vegetation & wildlife habitat as per requirement of condition consistent with the findings of the environmental statement submitted with application.

 The development is acceptable in principle and would contribute to the sustainable supply of slate products in Gwynedd and conforms to national, regional and local mineral planning policy requirements (specifically Policy A1, A3, C9, C10, C13 & C14),  The site will be the subject of a restoration plan (Policy C14),  The operation makes a significant contribution to the local economy employing 205 workers (Strategic Policy 16 & Policy A2),  It is considered that the proposal will not have a detrimental impact on any additional features of archaeological importance or have a direct or indirect (physical & non-physical) impact on the Historic Landscape Character Area (Policy B7 & B12),  It is considered that the proposal will not have a detrimental impact on the setting of the National Park (Policy B14),  With appropriate management & monitoring regime for the mitigation leat, It is considered that the proposal will not have a detrimental impact on the local water PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

environment and integrity of the Gwaen Gynfi SAC/SSSI (Policy A1, A3, B32 & B33),  There is no sensitive development within the designated buffer zone (Policy C12),  The implementation of proposed remedial works, habitat creation & management, restoration and landscaping and mitigation measures for protected species will ameliorate long-term detrimental effects on wildlife (Policy B15 & B16). The site is be the subject of an approved and well established restoration plan but also an extended scheme of restoration for wet heath nature conservation/amenity use & management of a mitigation area based upon the findings of a habitat & species surveys undertaken within & around the site and the findings of the Environmental Statement. (Policy A1, C14 & B15, B16),  An Appropriate Assessment under Regulation 61 of the Conservation of Habitats and Species Regulations 2010 (as amended). The proposal (alone or in combination with other plans or projects) is not likely to have a significant impact on the features of the Eryri SSSI/SAC and will not affect the integrity of the site (Policy A1, A3, B15 & B16),  The inclusion of planning conditions to meet modern standards in order to allow sufficient control on the potential nuisance impacts of noise and dust on the amenities of the area (Policy A1, A3 & B23).  The proposed development forms a natural progression to the existing permitted workings.  Slate has the unique properties which allows splitting into roofing materials and the development will maintain a continuous supply of the highest quality slate.  The phased development of the site ensures that the minimum amount of the mineral reserve is developed at any one time during the period of extraction and ensures that the site is restored to an acceptable after use at the earliest available time during development.

9. Recommendation:

9.1 To grant permission subject to conditions to include appropriate planning controls based on the following:

 Duration of Working 21 February 2032 to coincide with the terms of the existing planning permission,  Permitted Operations & Compliance with the Submitted Details/Plans,  Hours of Working,  Method of working & blast limitations,  Restoration, scheme of tree planting & a detailed habitat creation & restoration plan,  5-yearly Review of operations,  Control of external lighting,  Control of daytime & night-time noise limitations,  Control of fugitive dust & provision of a weather station,  Soils & 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 & reptiles,  Moorland habitat management plan for the compensation area to be agreed with the LPA & CCW,  A detailed habitat creation & restoration plan to be agreed with the LPA & CCW, PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

 Leat construction method statement to be agreed beforehand with the LPA & 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 & CCW,  Fencing to be agreed with the LPA & CCW,  Monitoring of leat flow as part of a 5-year formal review to assess the functioning of the leat, the hydrology of Gwaen Gynfi & requirement for any maintenance works, to be agreed in writing with the LPA & CCW,  Detailed leat design report to be agreed in writing with the LPA & CCW,  Appropriate means to be agreed beforehand with the LPA & CCW in order to protect the adjacent mire from potential damage by dust, silt & leachate,  Archaeological recording & mitigation,  Protection of archaeological feature to the north of the extraction area (multicellular sheepfold). PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Number: 3 PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Number: 3

Application Number: C12/0891/23/LL Date Registered: 19/06/2012 Application Type: Full - Planning Community: Llanrug Ward: Llanrug

Proposal: ERECTION OF 10 DWELLINGS, ROUNDABOUT, NEW ROAD AND INFRASTUCTURE WORKS Location: CAE'R EGLWYS, LLANBERIS ROAD, LLANRUG, GWYNEDD, LL554JA

Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:

1. Description:

1.1 The application involves constructing 10 two-storey houses in the form of five semi- detached houses in a cul-de-sac, along with a new road and infrastructure works to include a roundabout leading from Llanberis Road to Station Road and to serve the 10 new houses in the cul-de-sac.

1.2 The houses will be two bedrooms with a kitchen and lounge with a floor area of approximately 80m2. They will be of a fairly simple design and there will be two parking spaces in front of each house and a separate parking area nearby for eight cars. Also, every house will have a fairly sizeable garden.

1.3 The site is located within the development boundary of Llanrug and the land is currently redundant. Around the site is located Llanrug Primary School to the south, housing estates to the east and west and the surgery on Station Road to the north.

1.4 In terms of the plans to create a new road, amended plans are awaited to reflect the requirements of the Highways Unit. When preparing the report, the amended plans had not been received but it is anticipated that they will be to hand and the second consultation period will have ended prior to the date of the Committee so that a report can be submitted to the Committee on the day. It is expected that these amended plans will show the proposed road that will lead from Llanberis Road to Station Road as a two lane road along its length. This means that priority will be given to traffic from these two directions with a junction to the cul-de-sac of proposed houses. Consequently, there will be no parking area in the form of a lay-by along the side of the road but it will be possible to park on the road. There will also be a pavement along both sides of the road.

1.5 As part of the application, information was received involving: A Sustainable Homes Pre-assessment Report; a SUDS system; a Design and Access Statement; a Community and Language Statement. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

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

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

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

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

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

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

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

POLICY 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 C3 – RE-USING PREVIOUSLY DEVELOPED SITES PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

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

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

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

POLICI CH25 – NEW ROADS AND ROAD IMPROVEMENTS Proposals to improve existing roads and new road sections will be approved provided there is sufficient justification for the development on economic and public safety grounds and that there will be no unacceptable environmental effects. Developers must prove that other options have been considered, and that the scheme with least environmental impact has been chosen and that a series of specific criteria can be met.

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

POLICY 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 CH35 – PUBLIC CAR PARKING FACILITIES Proposals which provide public parking facilities which fill obvious gaps in the existing provision will be approved if they conform with a series of criteria regarding visual, environmental, parking and highways issues, as well as matters regarding the scale and design of the development and its impact on adjoining properties.

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. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

POLICY CH37 – EDUCATIONAL, HEALTH AND COMMUNITY FACILITIES Development proposals for new educational, health or community facilities or extensions to existing facilities will be approved provided they conform to a series of criteria relating to the location of the proposal, its accessibility using different modes of travel, together with highway considerations, the design of any new school and the effect on an identified town centre.

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

Gwynedd Design Guidance

Supplementary Planning Guidance: Affordable Housing 2009

2.3 National Policies:

Planning Policy Wales 2011

TAN 2: Planning and Affordable Housing

TAN 12: Design 2009

TAN 18: Transport 2007

TAN 22: Sustainable Buildings 2010

Welsh Office Circular 13/97: Planning Obligations

3. Relevant Planning History:

3.1 C08A/0109/23/R4 – application to construct a connecting road between Station Road and the A4086 (Llanberis Road) – no decision made on the application.

4. Consultations:

Community/Town Council: No objection. Concern regarding traffic coming from the connecting road towards Caernarfon as there are no railings on this side of the road to protect children who walk along it. Suggest extending the railings.

Transportation Unit: Suggest modifications and they are awaiting amended plans based on this.

Public Protection No response PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Biodiversity Unit Observations regarding reptiles and the need to cut back the vegetation in stages at specific times of the year and to have a watching ecological brief when scraping the highest layer of soil on the site in case there are reptiles present. Access Unit: Need for the houses to satisfy the requirements of Lifetime Homes and the parking spaces to be accessible. Affordable Housing A development of affordable homes in Llanrug is available with the Social Housing Grant ear-marked for them. Assurance is required that the houses will be affordable by means of the planning system but if they are affordable in any event, then this is acceptable.

Education The Head of Ysgol Llanrug has confirmed that the capacity of the school is approximately 300 pupils and the numbers in September 2011 was 250.

Environment Agency: Not aware of the risk of floods on the site and they note that surface water is to be controlled and delayed from discharging from the application site. They support plans that imitate pre-development overflow rates as part of a development plan which aims to reduce floods beyond the site. Advice consulting also with Welsh Water as it appears that surface water is discharged through their equipment.

Welsh Water: Standard observations and conditions; not to build within 3m of the public sewer. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Public Consultation: A notice was posted on site and in the press, and nearby residents were informed. The consultation has ended and five letters / correspondences were received objecting on the following grounds:

 Station Road had already reached its capacity in terms of traffic and the development will exacerbate the situation  More traffic problems during school hours  Increasing the existing traffic problem  Existing problems involving parking along Station Road  Loss of privacy – possible for people passing along the new road to see into the house  Impact on the safety of property backing onto the new road  Impact on health and safety of pedestrians  Traffic noise  Previous refusal on the grounds of safety

As well as the above-mentioned objections, objections were submitted that were not valid planning objections, which included:

 A request to consider a petition on a previous application on the site  Having a detrimental effect on the activities of the property, stating that there is a need to safeguard a tree on a site adjacent to the application site (the safeguarded tree does not have a Tree Preservation Order)

5. Assessment of the material planning considerations:

5.1 Principle of the development

5.1.1 Policies C1 and C3 of the Unitary Development Plan deals with Locating New Developments and Re-using Previously Developed Sites. The site lies within the development boundary of the village of Llanrug and, therefore, conforms to the requirements of Policy C1. Similarly, the proposal makes use of previously used land (the site used to form part of the site of a former rectory and now it has been redundant for some years) and therefore, it is in accordance with Policy C3.

5.1.2 Because of the nature of the proposal, there is also a need to assess the principle of the development in the context of Policy CH4 which deals with New Dwellings on Unallocated Sites within the Development Boundaries of Local Centres and Villages. The criteria for this policy requires a percentage of units on every site to be affordable, that the size, lay-out, design and materials are affordable; that there are satisfactory arrangements in place to ensure that the houses are affordable in perpetuity.

5.1.3 It is considered that an area of 80m2 for the two bedroom houses is affordable and that the design, lay-out and materials also reflect an affordable house. To this end, the proposal PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

partly complies with Policy CH4. The need to bind these units for affordable housing in perpetuity will be assessed under the heading of 106 Agreement Matters below.

5.1.4 On the basis of the number of units that form the application, there is also a need to assess the proposal in the context of Policy A2, Protecting the Social, Linguistic and Cultural Fabric of Communities. A Community and Linguistic Statement has been submitted with the application and when weighing up the information included in the application, along with the nature of the proposal, it is not considered that the proposed development would be likely to create any significant harm to the social, linguistic or cultural cohesion of the community.

5.1.5 The principle of developing a new road will be considered under Policy CH25, which deals with New Roads and Road Improvements. This policy approves proposals to improve existing roads and new road sections provided there is sufficient justification for the development on economic and public safety grounds and that there will be no unacceptable environmental effects. There are nine criteria associated with this policy and it is believed that only seven of these are relevant. To this end, it is believed that the proposal is likely to satisfy these criteria by: reflecting the status of the road in the hierarchy; reducing the danger of accidents for road users; to be acceptable in terms of its effect on the community; that the scale and design is suitable for the community; to ensuring that there is no significant damage to biodiversity; not to create significant harm to the amenities of neighbouring residents and that there are sufficient measures to mitigate any adverse impact.

5.1.6 On these grounds, it is believed that the principle of developing the site is in accordance with the policies noted above.

5.2 Visual amenities

5.2.1 The design of the proposed houses is simple and they are in the form of five semi- detached houses within a cul-de-sac. Considering the nature of adjacent land use it is believed that the proposal respects the site and its surroundings in terms of scale, size, form, density etc and the density of land use/ buildings and the surrounding spaces are acceptable. It is not believed that there would be an unacceptable detrimental impact on the form and character of the surrounding townscape as there are similar developments in the vicinity of the site. It is not believed either that there will be any unacceptable detrimental impact on prominent views. It is therefore considered that the proposal complies with policy B22. Building materials and landscaping plans can be controlled by relevant conditions which will ensure that the proposal is also in accordance with Policy B25, Building Materials and Policy B27, Landscaping Plans.

5.3 General and residential amenities

5.3.1 Policy B23 refers to amenities and requires: securing reasonable privacy for users of nearby properties; no overdevelopment; not to add to traffic or noise in any way which causes significant harm to local amenities; reducing the opportunities for anti- social behaviour and to consider the needs of all possible users. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

5.3.2 It is not considered that the proposal is an overdevelopment of the site and it is considered also that it takes into consideration all users of the site. Concern has been expressed by local residents about the loss of privacy and also to the additional traffic and noise emanating from the proposal. Concern has also been expressed about safety by creating an access to the rear of the houses of Corlan y Rhos which currently back onto the open land of the application site.

5.3.3 A definite boundary can be constructed along the rear of the gardens of the houses of Corlan y Rhos which back onto the proposed road in order to safeguard privacy and improve the safety of these houses. It is not considered that there is potential for overlooking from vehicles and people using the proposed road leading to unreasonable loss of privacy for the houses of Corlan y Rhos as there would be no direct and permanent overlooking. Creating a new boundary along the rear of the Corlan y Rhos estate to create a clear and defined boundary would improve safety and create more privacy for the main rooms (at ground floor level) and would be acceptable in order to satisfy Policy B23 and this can be secured by a relevant condition. In terms of traffic and noise, it is not considered that the scale of traffic and noise is likely to cause significant harm to local amenities as this traffic and noise already exists along Station Road near the site and all the proposal is likely to do is to direct some of this traffic and noise along the new road, i.e. it is not considered that it would be unreasonable new traffic or noise contrary to Policy B22.

5.3.4 Policy CH43, Provision of Open Spaces of Recreational Value in New Housing Development deals more with the amenities of new housing. This is a policy that is relevant to new sites of 10 or more houses and which are located in areas where existing open spaces would not satisfy the needs for the proposed housing development. In this case, it is believed that there is sufficient provision and open spaces within easy walking distance of the site and also there are larger than usual gardens for such a development provided as private open spaces for each house. Therefore, it is considered that the proposal complies with Policy CH43.

5.4 Transport and access matters

5.4.1 Amended plans are awaited for a section of the proposed new road. It is anticipated that these amended plans will show the proposed road that will lead from Llanberis Road to Station Road as a two lane road along its length. This means that priority will be given to traffic from these two directions with a junction to the proposed cul-de-sac of houses. Consequently, there will be no parking space in the form of a lay-by along the side of the road. There will also be a pavement along both sides of the road.

5.4.2 Should amended plans be received which incorporate the suggestions of the Highways Unit and subject to receipt of favourable observations as a result of the re-consultation on these plans, the proposal could be acceptable and in accordance with Policies CH25 and CH33. It is anticipated that the consultation period will have ended by the date of the Committee and the results can be reported orally to the Committee.

5.4.3 Despite this, there is sufficient information to hand to be able to consider other aspects of the application that are relevant to transport and access matters. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

5.4.4 It is considered that the proposed roundabout is beyond what is necessary to ensure the safety of road users and on this basis it is in accordance with Policy CH25 – New Roads and Road Improvements and Policy CH33 – Roads and Street Safety.

5.4.5 The developer has offered a car park for eight vehicles near the housing development. This is an offer beyond what the Local Planning Authority can reasonably insist upon, considering the nature of the proposal and it is an appropriate proposal considering local concerns regarding on-street parking. There is also a parking provision for two vehicles in the front of every proposed house and this satisfies the requirements set by the Wales Parking Standards 2008. This aspect of the proposal is in accordance with Policies CH35 – Public Car Parking Facilities and CH36 – Private Car parking Facilities.

5.4.6 Every aspect of this proposal safeguards and enhances links for pedestrians and provides safe footpaths in accordance with Policy CH29.

5.5 Biodiversity matters

5.5.1 Policy B20 safeguards species and their habitats of international and national importance. The Biodiversity Units offers observations regarding reptiles and the need to cut back the vegetation in stages at specific times of the year and to have a watching ecological brief when scraping the highest layer of soil on the site in case there are reptiles present. This can be secured by means of a condition to ensure that the proposal complies with Policy B20.

5.6 Sustainability matters

5.6.1 The Sustainable Homes Pre-assessment Report conforms with the requirements of Policy C7 Building in a Sustainable Manner and compliance with the requirements of this Code can be secured by appropriate conditions.

5.7 Flooding issues

5.7.1 The proposal is not on land which is likely to suffer from floods and, therefore, it is in accordance with Policy B29. However, Policy CH18 deals with the available infrastructure and generally the use of the SUDS system is encouraged to deal with surface water from new sites. The application shows an underground attenuation system and the Environment Agency supports the proposal. This will be secured by means of a condition. Therefore, it is considered that the proposal is in accordance with Policy CH18 as there are appropriate arrangements to dispose of surface water from the site.

5.8 Affordable housing matters

5.8.1 Because of the nature and size of the proposed houses (80m2 each), the value /size of the units is likely to be naturally restricted. Also, the nature of the site, its location, the type of houses, density of construction, the number of units proposed and the land-use of adjoining land are all likely to affect their value. Also, it must be borne in mind that a large percentage of affordable housing has been provided in the village of Llanrug recently. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

5.8.2 Circular 13/97 Planning Obligations, outlines the five tests for requesting a planning obligation. They are as follows: a requirement and relevant to planning; directly relevant to the proposal; fair and reasonably related…; reasonable in all other respects. When considering the application in this context, it is not considered that it would be reasonable to request to restrict any one of the units for affordable housing as they will already be affordable and there would be no point in restricting the price further by means of a Section 106 Agreement. It must also be considered that substantial costs are involved with developing the roundabout and the new road through the site.

5.8.3 This reflects a similar case in Porthmadog recently when the Council’s Solicitor stated that on the basis of the size of the units and the nature of the site that there was no point in further reducing the price by means of a Section 106 agreement. The Affordable Housing Officer has asked for assurance that the houses are to be affordable by virtue of the planning system but if they are to be affordable in any event (by means of factors such as size), then, this is also acceptable. On the basis of the above, it is not considered that it would be reasonable to request a Section 106 Affordable Housing Agreement and there would be no point in providing affordable housing by means of a 106 Agreement on the site.

5.9 The School’s capacity

5.9.1 Concern has been expressed regarding the capacity of the school to accept more children and it is likely that any housing development in the area will result in new children in the school. Policy CH37 states that “when a new residential development is approved which means that the educational needs of children living in the new houses cannot be satisfied in the existing school… planning conditions will be used … in order to satisfy those needs or which contribute towards them”. After a consultation with the Head of the local school, it is clear that there is capacity available in the local school to accept more children including those children that are likely to live in the proposed houses and also bearing in mind that they are only two bedroom houses. It is therefore considered that the proposal complies with Policy CH37.

5.10 Any other considerations

5.10.1 Should amended plans be received which incorporate the suggestions of the Highways Unit, then there will be a need for a re-consultation. Should the plans be received on the date agreed with the agent, it is anticipated that the period of the re-consultation will have ended by the date of the Committee and a report on the results can be submitted verbally to the Committee.

5.11 Response to the public consultation

5.11.1 It is considered that all relevant planning observations that were received as a result of the consultation period have been given due consideration in the above assessment.

6. Conclusions:

6.1 As a result of the above assessment and on the basis of the receipt of amended plans which are acceptable to the Local Planning Authority, it is not considered that the PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

proposal is contrary to any relevant policy noted above and there is no other relevant planning consideration which notes to the contrary.

7. Recommendation:

7.1 To delegate powers to the Senior Planning Service Manager to approve the application, subject to the applicant submitting an acceptable amended plan and in accordance with the following conditions:-

1. Time 2. In accordance with plans 3. Materials 4. Code 5. Welsh Water 6. Measures to protect reptiles 7. Surface water tank 8. To create a road, pavements and roundabout prior to the houses 9. To create all parking spaces (public and private) prior to occupation of the houses 10. Other Highway conditions 11. All boundary details 12. Removal of PD rights – windows 13. Landscaping details PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Number: 4 PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Number: 4

Application Number: C12/0980/17/LL Date Registered: 09/07/2012 Application Type: Full - Planning Community: Llandwrog Ward: Groeslon

Proposal: SITING OF 24 STATIC CARAVANS IN LIEU OF 34 TOURING CARAVANS WITHIN THE EXISTING SITE AND DEMOLISH AMENITY BUILDING Location: DINLLE CARAVAN PARK, DINAS DINLLE, CAERNARFON, LL545TW

Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:

1. Description:

1.1 An application to site 24 static caravans in lieu of 34 touring caravans within the existing site and demolish an amenity building that will no longer be needed as it is likely to deteriorate as it will not be used. The site is within a C1 Flood Zone.

1.2 The site is an existing caravan park with planning permission for 168 static caravans (10.5 months occupancy period) and 176 touring caravans (also with 10.5 months occupancy period) with a total of 344 units. The application will mean 192 static caravans and 142 touring caravans giving a total of 334 units. It is not intended to extend the site but to locate the new static caravans within the existing site.

2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009: POLICY B23 – AMENITIES Safeguard the amenities of the local neighbourhood by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features and amenities of the local area.

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

POLICY CH33 – SAFETY ON ROADS AND STREETS PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

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

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

Supplementary Planning Guidance: Holiday Accommodation, July 2011

2.3 National Policies:

Planning Policy Wales 2011 TAN 12: Design TAN 13: Tourism

3. Relevant Planning History:

3.1 C09A/0037/17/LL - Removal of Condition 6 on planning permission C99A/0287/17/LL in order for touring caravans on pitches 51 – 176 to operate with no stay limitation (currently no more than 14 days in July and August and 21 days during the remainder of the year). Approved with conditions 2/4/09.

3.2 C07A/0668/17/LL – Amend a condition on planning permission number C99A/0287/17/LL to retain the existing site plan along with relocating touring and static caravans. Approved with conditions 7/3/08.

3.3 C99A/0287/17/LL – Amend planning permission 3/17/46H, 3/17/461 and 3/14/46T in order to rationalise and improve the existing site plan along with landscaping. Approved with conditions 21/2/99

4. Consultations:

Community/Town Council: No objection

Transportation Unit: No objection

Environment Agency: Accepts the Flood Risk Assessment and suggests including an appropriate condition. Accepts that reducing the number is an improvement. A Flood Action Plan has been prepared in 2012 and this is also relevant to this application. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Welsh Water: Standard conditions, public sewerage nearby.

Caravan Officer: Awaiting a response

Public Consultation: A notice was placed on the site and nearby residents were informed. The consultation period has come to an end and no letters / correspondences have been received in objection or support of the application.

5. Assessment of the material planning considerations:

5.1 Design and Access Statement

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

5.2 Principle of the development

5.2.1 The main policy to consider when assessing the principle of the development is Policy D17. As this is an application to site static caravans in lieu of touring caravans with a reduction of 10 in the total number and that there is no extension to the park itself the proposal must be considered in the context of criteria c) and ch) of Policy D17. Criterion c) involves ‘Proposals for a small increase in the number of static holiday caravan units’ and Criterion ch) involves ‘Proposals to exchange touring pitches for static holiday caravan units’. It is not considered that criteria a) and b) are relevant as there will be no land extension to the existing site and the units will not be moved to less prominent locations as the entire site has been developed and is flat and therefore there is no location that is likely to be less prominent. 5.2.2 In terms of criteria c) and ch) the increase of 24 new static units is equivalent to 14% of the number of existing static units on the site and therefore it is not entirely in accordance with the Explanation of Policy D17 and the Supplementary Planning Guidance: Holiday Accommodation, 2011 which states that any increase should be no more than 10%. However, this increase of 24 static units can also be justified by disposing of 34 existing touring units that have planning permission to be located on the site for 10.5 months. These have the same occupation period as the static units on the site and means that the touring units must only be moved from the site for a relatively small period of 1.5 months. Therefore the proposal does not mean a pure increase in the number of static units and it also means an improvement in terms of losing 10 touring units that could be sited on the site for a period of 10.5 months. This will lead to an improvement in the setting and appearance on the site. In addition, it is considered that the increase in the number of static units is small and in accordance with the scale of the improvement of the site, namely fewer touring units and an improved setting. It is considered that the balance PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

of 192 static units and 142 touring units will continue to offer a good range of accommodation in accordance with Policy D17.

5.3 Visual, general and residential amenities

5.3.1 The caravan site already exists and therefore as there is no intention to extend the area of the site it can be argued that the visual impact already exists and that the proposal will not worsen the situation that already exists. The proposal will possibly improve the visual amenities of the area as there will be a reduction in the total number of units on the site and replacing 34 touring units with 24 static units is also likely to improve the visual amenities in terms of colour, clear organisation of the pitches and there are fewer odds and ends associated with a static unit compared with a touring unit e.g. awning.

5.3.2 Similarly, it is not considered that the general or residential amenities of the area will be significantly affected as a result of the proposal. Again, it is likely that the situation will be better than the current situation as it will not be as busy and there will be less traffic as a result of the reduction in the number of touring units. Therefore, the reduction in the total number will mean less traffic and the change from touring units to static units will also mean fewer vehicles towing touring caravans. Therefore, it is not considered that the proposal is contrary to policy B23 of the GUDP.

5.3.3 The site has already been landscaped but the nature of the area near the coast means that it is difficult to have a successful planting scheme. It is believed that the existing landscaping is sufficient on the site and no benefit will be had from requesting more landscaping as part of the alleviation plan for the proposal. Therefore, it is not considered that the proposal is contrary to policy B27.

5.4 Transport and access matters

5.4.1 The road to Dinas Dinlle is narrow and winding. The road serves a number of caravan parks, the airfield, Dinas Dinlle beach and a number of houses in the village and along the road. The Transportation Units has no objection to the application. It can be considered that the proposal is an improvement on the current situation as there will be fewer vehicles towing touring caravans to the site due to the reduction in numbers. It is considered that the reduction in the use of this sub-standard road will be an improvement compared to the current situation in accordance with Policy CH33.

5.5 Flooding issues

5.5.1 Based on the Environment Agency’s response to this application it is not considered that the proposal is contrary to Policy B29 as there is an improvement due to the reduction in the total numbers and as it is considered that the Flood Risk Assessment is sufficient. In addition, it is suggested that an appropriate condition be included in relation to the height of the plinths and anchoring the units that will make the proposal more acceptable.

6. Conclusions:

6.1 In the context of the site, its existing use and its proposed use it is not considered that the proposal is contrary to the relevant policies and that there is also no other relevant matter that states to the contrary. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

7. Recommendation: To approve – conditions

1. five years 2. in accordance with the amended plans 3. the Environment Agency conditions 4. occupation period of 10.5 months for the entire site 5. no more than 192 static units and 142 touring units on the site. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Number: 5 PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Number: 5

Application Number: C12/1001/23/LL Date Registered: 19/07/2012 Application Type: Full - Planning Community: Llanrug Ward: Cwm y Glo

Proposal: CONVERSION AND EXTEND BUILDING INTO HOLIDAY UNIT Location: THE COTTAGE, PANT AFON, LLANRUG, CAERNARFON, GWYNEDD, LL554RA

Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:

1. Description:

1.1 The proposal involves converting and extending an external building into a holiday unit. The proposal will include a kitchen, living room, bathroom and a utility room on the ground floor along with a small extension including a lobby and toilet, and then two bedrooms on the first floor. The single-storey extension will measure 4m by 1.9m with a height of 3.5m and slates on the roof. One existing door on the ground floor will be replaced by a window on the front of the property and the other openings will remain as they are at present and will be repaired.

1.2 The site is located in the countryside within a small complex that is off the road. The main house on the site has already been divided into separate units over the years and it is a grade II listed building. The property that is the subject of this application is located next to these units and therefore within the curtilage of the listed building. The access to the site is along a private road off a third class road. Several dwelling houses are located around the site.

2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009:

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

B23 - Safeguard the amenities of the local neighbourhood by ensuring that proposals must conform to a series of criteria which aim to safeguard the recognised features and amenities of the local area. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

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

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

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

CH36 – Proposals for new developments, extension of existing developments or change of use will be refused unless off-street parking is provided in accordance with the Council’s existing 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 D15 – Proposals for developing new, permanent self-catering holiday accommodation and adaptation of existing buildings or existing establishments will be approved if the design, setting and appearance of the development is of high standard and if it conforms to criteria relevant to the location and scale of the development, impact on the permanent housing stock and on residential areas and availability of this type of holiday accommodation.

2.3 National Policies:

Planning Policy Wales (3rd Edition, July 2010) Technical Advice Note 12: Design Technical Advice Note 15: Development and Flood Risk

3. Relevant Planning History:

3.1 No relevant planning history.

4. Consultations:

Community/Town Council: Not received

Transportation Unit: No objection

Environment Agency: Object on the grounds of installing a sewage pool which is an unacceptable danger that could contaminate ground water, but there is no objection if the applicant intends to change this for a private PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

treatment tank or a septic tank.

Welsh Water: No specific observations, only that the applicant should contact Welsh Water in order to locate the exact location of the sewer.

Biodiversity Unit: No bats in the building or in the locality but care should be taken when commencing the work in case bats are found. Public Consultation: A notice was placed on the site and nearby residents were informed. The consultation period ended on 12-10-12 and six letters / correspondences were received objecting to the application on the following grounds:

 Increase in traffic along the road  Loss of privacy  Additional unit will have an impact on the small community  Impact on the status of the listed building  Problems with water supply, sewerage and electricity  The proposed work will be detrimental to the residents’ way of life

5. Assessment of the material planning considerations:

5.1 The principle of developing the site as a holiday unit

Policy D15 of the GUDP supports the development of new permanent self-serviced holiday accommodation, or converting existing buildings into such accommodation if the criteria within the policy can be complied with. The proposal does not involve the construction of a new building in the countryside and it will not mean the loss of a house from the existing housing stock. It is considered that the scale of the development is suitable in terms of its site and location. A number of objectors are opposed to the proposal on different grounds but one is that a holiday unit will have an impact on the small community, but there is already one holiday unit on the site and no objections refer to this unit. Therefore, it is considered that the proposal will not lead to an excessive concentration of accommodation units of this type in the area. Therefore, it is considered, from the perspective of the criteria contained in Policy D15, that the proposal is acceptable.

5.2 Converting buildings

When converting buildings into any use, it must also be considered under Policy C4 of the GUDP. This policy states that proposals to convert buildings for re-use rather than for demolition will be approved provided that all the criteria contained in the policy can be complied with. From the aspect of criterion (i) the building in the countryside must be of permanent construction, structurally sound and capable of being converted without major or complete reconstruction. A structural report was submitted with the application that concludes that the structure is suitable to be converted into domestic accommodation as it has been kept in good condition over the years. It is also considered, from the aspect of Policy C4, that the proposed use is acceptable for the building and the use as a holiday unit is economically suitable for the area. In addition, very few modifications are PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

proposed for the building along with the small extension and replacing some windows as the existing openings will continue as the existing ones and the doors and windows will be of timber. The proposal retains the structure, form and character of the original building and also the plan that was submitted makes an effort to retain the traditional and historical features of the building. It is therefore considered that the proposal complies with Policy C4, B22 and B25 of the GUDP.

5.3 Road Safety A third class highway serves the site and access is gained to the site by means of a narrow road from this third class highway. This small road serves a few other properties nearby. The Transportation Unit did not object to the proposal but objections were received from the public stating their concern about the increase in traffic on the private road. However, it should also be remembered that the property already exists on the site and there is nothing to restrict the owners from using the site and to use the road a number of times a day, therefore it is not considered that the proposal will have a significant impact on road matters. There will also be sufficient parking spaces for the development within the curtilage. Therefore, it is considered that the proposal is acceptable in respect of Policies CH33 and CH36 of the GUDP.

5.4 Amenities A few houses are located not far from the site. However having considered what is proposed, namely one holiday unit, the proposal is not likely to have an impact on the amenities of the majority of the nearby residents in terms of the effect on privacy etc. but there is a property that is very close to the proposal and it is considered, in this case, that a frosted window should be installed within the elevation in order to restrict any privacy matters. Therefore, it is considered that the proposal complies with policy B23 of the GUDP.

5.5 The effect of the proposal on the Listed Building It is not considered in this case that the proposal will have any detrimental impact on the appearance or the character of the listed building as there will be no changes to the appearance of the building, only a small extension to the rear that will be in keeping with the rest of the building. Also, the proposal will mean bringing the building back into use again and this will ensure a future for the building.

6. Conclusions:

6.1 It is considered that the proposal is acceptable for the location and will make use of a building that is not used currently and is also a listed building. As this is an application for a holiday unit the occupancy period that any individual is permitted to stay in the property will be restricted to 28 days in any year and a register must be kept of names and times of stay. It is also considered that the proposal is acceptable in terms of road safety and the amenities of nearby residents by installing a frosted window in one of the side windows. It appears that the agent has been discussing the proposal with the Environment Agency in terms of the sewerage implications and if it is a requirement to install a private septic tank the applicant is willing to provide this. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

7. Recommendation

To approve – conditions 1. commencement within five years 2. slates on the roof 3. timber framed windows 4. frosted glass window in first floor bathroom 5. holiday use only and not to be used as a separate permanent residential unit 6. no one person or family to stay in the unit for more that 28 days in any year 7. keep a register of people who stay at the unit 8. possibility of bats when commencing the work 9. any condition the Environment Agency can offer as a result of receiving further response PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Number: 6 PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Number: 6

Application Number: C12/1002/23/CR Date Registered: 19/07/2012 Application Type: LB Consent Community: Llanrug Ward: Cwm y Glo

Proposal: CONVERT AND EXTEND BUILDING INTO HOLIDAY UNIT Location: THE COTTAGE, PANT AFON, LLANRUG, CAERNARFON, GWYNEDD, LL554RA

Summary of the Recommendation: TO APPROVE SUBJECT TO CONDITIONS

1. Description:

1.1 A listed building application to convert and extend an external building into a holiday unit. The proposal will include a kitchen, living room, bathroom and a utility room on the ground floor along with a small extension consisting of a lobby and toilet and two bedrooms on the first floor. The single-storey extension will measure 4m by 1.9m with a height of 3.5m and slates on the roof. One existing door on the ground floor will be replaced by a window on the front of the property and the other openings will remain as they are at present and will be repaired.

1.2 The site is located in the countryside in a small off-road complex. The main house on the site has already been divided into separate units over the years and it is a grade II listed building. The property that is the subject of this application is located next to these units and therefore within the curtilage of the listed building. The access to the site is along a private road off a third class road. Several dwelling houses are located around the site.

2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009:

B2 – Ensure that proposals do not cause substantial damage to the special architectural or historical character of Listed Buildings.

B3 - 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. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

2.3 National Policies:

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

3. Relevant Planning History:

3.1 No relevant planning history.

4. Consultations:

Community/Town Council: Not received

British Archaeological Council No objection

Royal Commission on the No observation – but to bear Cadw’s advice in mind to repair the Ancient and Historical windows rather than replace them. Monument of Wales

Ancient Monuments Society No objection to the application but concerned about some internal features, including moving the stairs because of difficulty in identifying the age of the building. Disagree with the decision to block two of the openings on the western elevation (but only one opening will be blocked and the other will be opened).

The Georgian Group No objection to the proposal or the extension but some points arising regarding the original features inside the building and an effort should be made to retain these in the proposal.

The Twentieth Century Society Not received

Gwynedd Archaeological No objection subject to including a condition to submit a Planning Service photographic report.

The Victorian Society Not received

The Society for the Not received Protection of Ancient Buildings PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Public Consultation: A notice was placed on the site and nearby residents were informed. The consultation period ended on 12-10-12 and six letters / correspondences were received objecting to the application on the following grounds:

 Increase in traffic along the road  Loss of privacy  Additional unit will have an impact on the small community  Impact on the status of the listed building  Problems with water supply, sewerage and electricity  The proposed work will be detrimental to the residents’ way of life

5. Assessment of the material planning considerations:

5.1 The impact of the development on the setting and the character of the Listed Building. Paragraph 68 of the Welsh Office Circular 61/96 – “Planning and the Historic Environment: Historic Buildings and Conservation Areas” states that Local Planning Authorities should have particular regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. Policy B2 of the GUDP upholds this and states that proposals for external or internal alterations, additions or change of use of Listed Buildings will be approved provided that the proposal will not cause significant harm to the special architectural or historic character of the building.

5.2 It is not intended to undertake many external changes to the building, with the exception of constructing a small extension to the rear of the property, replacing the steel sheets with slates and blocking one opening and replacing a door with a window. The Ancient Monuments Society is concerned about some of the work, including blocking one of the door openings, but it is considered, if the opening were to be blocked it should be set further back in order to show that an opening has been there in the past. In relation to the internal work, again we will not be aware of the amount of original features that exists until the work has begun, and it is considered that it is reasonable to include a condition to be cautious when commencing the work and to contact the Conservation Officer should any original features be discovered. The main change will be the change in use that will bring the property back into use after it has been empty for a long time. Therefore, it is considered that the proposal ensures the future of the building without great changes, so it will not have a significant impact on the architectural character of the building and therefore complies with policies B2 and B3 of the GDUP.

6. Conclusions:

6.1 It is considered that the proposal is acceptable for the change of use as there are no great changes in the building and the extension is in an appropriate location on the property and is also constructed of acceptable materials. It is not considered that the proposal will affect the appearance and character of the building and it will be protected for the future by being brought back into use. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

7. Recommendation – To approve – with conditions

1 commencement within five years. 2 slates on the roof 3 timber framed windows 4 frosted glass window in first floor bathroom 5 photographic report 6 the blocked door must be set back 30mm PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Number: 7 PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Number: 7

Application Number: C12/1123/22/LL Date Registered: 14/08/2012 Application Type: Full - Planning Community: Llanllyfni Ward: Penygroes

Proposal: CONSTRUCTION OF SIX TWO-STOREY DWELLING HOUSES (TWO AFFORDABLE) TOGETHER WITH NEW SERVICE ROAD Location: LAND NR. - TIR CAPEL BACH, PENYGROES, CAERNARFON, GWYNEDD

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

1. Description:

1.1 This is an application to construct six two-storey houses including two semi-detached affordable houses and four detached houses with garages, along with creating a vehicular access and a new estate road on land that is included in the development boundary of Penygroes as noted in the Unitary Development Plan and designated as a site to be developed for residential use.

1.2 Internally, the detached houses will include three bedrooms and a bathroom on the first floor along with a kitchen, lounge, spare room and toilet on the ground floor. Externally, the four detached properties will have garages and all the houses will be finished with a mix of rendered/brick/timber board walls, natural slate roof, painted timber window frames, and a boundary treatment including stone walls and timber fences. The total surface area of the detached houses is 122 m².

1.3 The two affordable houses measure around 100 m² and include two bedrooms, study/store room and bathroom on the first floor with a lounge, kitchen and toilet on the ground floor.

1.4 There is a provision for two parking spaces for the four detached houses – one in the garage and one on the drive and parking spaces for the two affordable houses have been created to accommodate four cars.

1.5 The site is located to the north of the centre of the village and is surrounded by residential dwellings including terraced houses, detached houses and houses that form part of a residential estate that is owned by Cymdeithas Tai Eryri (Cae Capel Bach). There is a busy commercial garage on the northern boundary of the site and there are two listed buildings, namely the previous Bethel Chapel and the separate chapel vestry to the south west of the site. There are a number of substantial mature trees close to the western boundary of the site.

2. Relevant Policies: PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

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 effect on the setting of Listed Buildings and that they conform to a series of criteria aimed at safeguarding the special character of the Listed Building and the local environment.

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.

Ensure that proposals have no effect on the setting of Listed Buildings 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 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 C7 – BUILDING IN A SUSTAINABLE MANNER Proposals for new development or for the adaptation and change of use of land or buildings will be refused where consideration has not been given to specific environmental matters. Proposals must conform to specific criteria relating to building in a sustainable manner, unless it can be demonstrated that it is impractical to do so.

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

POLICY 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 PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD) 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.

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

2.3 National Policies:

Planning Policy Wales - Edition 4, 2011 Chapter 4 on “Planning for Sustainability” (February, 2011). Chapter 9 on “Housing” (February, 2011)

TAN 12 on “Design” (June 2009).

TAN 2 ‘Planning and Affordable Housing’ (2006).

3. Relevant Planning History:

3.1 The site has no relevant planning history.

4. Consultations:

Community/Town Council: Approve the application but refer to the lack of consideration given to the implications of the increase in the number of vehicles travelling through the site, and therefore affecting the safety of the residents of the existing housing estate. Inconsistencies in the number of parking spaces provided on the site and misleading information is given regarding the trees on the site. Suggest that a Tree Preservation Order should be included to protect the remainder of the trees. A second consultation was held with the Council following the amendment to the water course arrangements and no response had been received at the time of writing this report.

Transportation Unit: Although the development will create an increase in the number of vehicles travelling through the existing estate, the scale of the development is not unreasonable in terms of an extension to an existing residential estate. Recommend that the applicant provides a footpath along one side of the proposed estate road and sufficient parking provision within the curtilage of this estate so that it does not have a detrimental impact on the parking arrangements of the existing estate. From my interpretation of the plans the parking provision is sufficient for the type of houses that are proposed to be constructed, with two or three spaces (including a garage) for each house, and therefore it is believed that the 12 spaces noted on the application forms are correct. It is likely that the objectors have counted the number of cars indicated rather that considering the number of spaces shown on the plans in this case. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Land Drainage Unit: Originally concern was highlighted regarding the development because of the watercourse on the site and the proposal to pipe this watercourse as a result of the development. Following further discussions with the developer, an amended plan was submitted which proposed piping part of the watercourse only. These amendments were accepted and agreed upon.

Environment Agency: No objection, but concern was highlighted regarding the effect of the development on the watercourse that crosses the site. It was suggested to contact the authority’s water drainage unit to further discuss the matter.

Welsh Water: Standard conditions regarding surface water and foul water drainage separately from the site.

Public Protection Unit: Not received.

Conservation Officer: In this case it is not considered that the development will have any detrimental effect on the appearance or character of the listed vestry.

Public Consultation: A notice was placed on the site and nearby residents were informed. The advertising period ended on 13.11.12 and one letter / correspondence of objection had been received when writing the report.  No objection as such, but a reference was made to the proximity of the proposed houses to the nearby listed building.

5. Assessment of the material planning considerations:

5.1 Principle of the development

5.1.1 This site is located within the development boundaries of Penygroes that has been designated as a local centre and the land has been specifically designated for constructing houses in the Gwynedd Unitary Development Plan (2009). This is consistent with policies C1 and CH1 which support applications within development boundaries along with residential developments on sites designated for housing in the unitary plan.

5.1.2 The proposal must also be addressed in the context of other policies, including Policy B3 (the setting of Listed Buildings), B22 (the design of buildings), B23 (amenities), B25 (materials), C7 (sustainable buildings), CH33 (safety on roads and streets) and CH36 (provision of vehicle parking).

5.2 Visual, general and residential amenities

5.2.1 All six houses have a relatively modern design compared to other houses in the area. Nevertheless consideration has been given to the character of the nearby listed buildings PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

and an attempt has been made to convey the appearance of these buildings in terms of the angle of the roofs.

5.2.2 Traditional materials are used such as natural slate, render and windows and boards of natural timber. The units have been set within the site by using informal forms and shapes. The patterns of developments vary within the nearby area and it is not considered that this setting is unacceptable in terms of its comparison with existing patterns.

5.2.3 It is considered that there is sufficient distance between the location of the proposed houses and the exiting houses, including the listed buildings, and that concerns about excessive over-looking will not arise. No objection to the plan was received by the authority’s conservation officer, who has stated that the houses in terms of their size, design and location will not have a detrimental impact on the nearby listed buildings.

5.2.4 Having considered the observations noted above it is believed that the impact of this proposal is acceptable based on its impact on the area’s amenities and the nearby listed buildings and therefore conforms to the requirements of Policies B3, B22, B23 and B25 of the Unitary Plan and the requirements of TAN 12 on “Design” regarding the scale of the proposal, its appearance (including materials), density and how it has been integrated into its environment.

5.3 Transport and access matters

5.3.1 Concern was expressed by the Community Council and the local member regarding the increase in the number of vehicles that will be travelling through the existing estate of Cae Capel Bach and that this will endanger children that are out playing. However, it can be seen from the observations made by the highways unit that this increase will not be unacceptable in terms of transportation regulations. The number of parking spaces shown are considered to be acceptable and in accordance with the current parking standards.

5.3.2 In addition, it can be seen that the existing access and the setting of a section of Cae Capel Bach estate road suggests that it is expected for the land that is the subject of this application to be developed as an opening and a section of pavements have been positioned in the past and the new access and estate road follows what has already been created there. 5.3.3 It is therefore believed that the proposal is acceptable based on the requirements of Policy CH33 and CH36 of the Unitary Plan.

5.4 Public safety and crime prevention

5.4.1 The development has been designed to conform with the statutory requirements of the document “Secured by Design SBD – New Homes Standard”, 2010 regarding issues involving privacy, surveillance and community safety.

5.5 Biodiversity/Tree Issues

5.5.1 Clearing work has been undertaken on the site in the past. It can be seen that the land was previously used as grazing land and therefore it is unlikely to be of high value in terms of biodiversity issues. As a result of this and the clearing work, the department’s officer confirmed that there were no concerns in terms of biodiversity issues. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

5.5.2 The community council and the local member referred to the trees on the site and the adjacent site. A tree preservation order does not exists on this site and therefore if previous clearing work has been undertaken including tree felling, this cannot be controlled as the site does not have a preservation status.

5.6 Sustainability matters

5.6.1 It appears, from the sustainable homes code pre-assessment report, that the Welsh Government criteria can be satisfied regarding achieving Level 3 of the Code with six credits under ENE1. Therefore, it is believed that the proposal satisfies the requirements of policy C7 and the advice in TAN 12 on “Design” (2009).

5.7 Community Benefit / 106 Agreement issues

5.7.1 As noted in the aforementioned assessment this site has been designated for residential development in the Unitary Plan with Policy CH1 stating that proposals to construct houses on designated sites will be approved subject to criteria regarding the specific features of the development.

5.7.2 The development of six houses on this site is slightly lower than the total of 8 houses the general density of 30 units per hector allows, and mentioned in the site’s development brief. Nevertheless, it is felt that a total of six houses is acceptable in this case, especially as concerns have been highlighted in relation to an increase in the number of vehicles travelling though Cae Capel Bach estate. Also, including two affordable units will satisfy the requirements of the percentage of affordable houses for the site.

5.7.3 Therefore, it is believed that the proposal satisfies the requirements of Policy CH7 and the requirements of the Supplementary Planning Guidance on “Affordable Housing” (2009).

5.8 Response to the public consultation

5.8.1 One letter was received in response to the public consultation, which expressed concern regarding the proximity of the new houses to a nearby listed building and it was noted that it had been confirmed in the past that there would be no development within 12 feet of the site’s boundary wall.

5.8.2 The nearest dwelling is located 5 metres, or over 15 feet, from the boundary wall of the listed building and therefore it is not considered that this issue will be a cause for concern.

6. Conclusions:

6.1 Having considered the assessment noted above and having considered all the relevant matters including local and national policies and guidelines, it is believed that the proposal is acceptable based on its location, scale, density, design, materials, infrastructure, visual and residential amenities and road safety and that it will not have an excessive detrimental impact of the area’s general and residential amenities. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

7. Recommendation:

7.1 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 and in accordance with the following conditions:-

1. Time 2. Comply with the plans 3. Materials 4. Welsh Water conditions 5. Highways 6. Remove permitted rights from the affordable units 7. Comply with the requirements of the Level 3 Code 8. Landscaping PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Number: 8 PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Number: 8

Application Number: C12/1189/11/LL Date Registered: 25/09/2012 Application Type: Full - Planning Community: Bangor Ward: Menai (Bangor)

Proposal: CONSTRUCTION OF FOUR-STOREY DWELLING HOUSE. Location: VRON OLEU, THE CRESCENT, BANGOR, GWYNEDD, LL57 2AB

Summary of the Recommendation: TO APPROVE SUBJECT TO CONDITIONS

1. Description:

1.1 A full application to erect a four-storey dwelling house at the end of a terrace on a parcel of land which is within the curtilage of another property at the end of the garden which is also a listed building. The proposal involves the erection of a four-storey dwelling house which would measure 14.9m x 9.2m and a height of 12.8m with a slate pitched roof and a single-storey section at the rear which would measure 2.9m x 6.8m and a height o 3.8m with a finish of render to be in keeping with the neighbouring properties.

1.2 The garden of the existing house would be divided between the existing house and also for the proposed new house. The site is on an unclassified road which runs in front of the site and it is intended to create an off-road parking space adjacent to the new property. There will also be a need to fell trees on the site.

1.3 The site is within the city’s development boundary and within the garden of a grade II listed property. The site is located within the Upper Bangor Conservation Area and there are several listed buildings nearby.

2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009:

B3 – DEVELOPMENTS AFFECTING THE SETTING OF A LISTED BUILDING - Ensure that proposals have no adverse effect on the setting of Listed Buildings and that they conform to a number of criteria aimed at safeguarding the special character of the Listed Building and the local environment.

B5 – DEMOLITION OF BUILDING IN CONSERVATION AREAS - Proposals to demolish buildings that make a positive contribution to the special character and appearance of the conservation area will be refused unless there are exceptional reasons for granting permission. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

B19 – PROTECTED TREES, WOODLAND AND HEDGEROWS - Approve proposals that will involve the loss of or damage to protected trees, woodlands or hedgerows only when the economic and/or social benefits of the development outweigh any damage.

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

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

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

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

CH1 – PROPOSALS TO BUILD HOUSES ON SITES ALLOCATED FOR HOUSING – Use will be approved provided that criteria relating to specific features of the development can be met.

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

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

2.3 National Policies:

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

3. Relevant Planning History:

3.1 No previous planning history. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

4. Consultations:

Community/Town Council: To refuse the application on grounds of it being an over- development of the site which would have a detrimental effect on the character and amenities of the area.

Transportation Unit: No objection

Environment Agency: Low risk

Welsh Water: To approve subject to standard conditions

Trees Unit: The trees report states that the tree on the site is important but unsuitable for the site as it continues to grow and will have an impact on the neighbouring buildings in the future. Should the application be approved, replanting conditions must be included.

Footpaths Officer: Not received Public Consultation: A notice was placed on the site and nearby residents were informed. The advertising period ended on 1-11-12 but no correspondence had been received objecting to the application.

The application is submitted to committee at the local member’s request.

5. Assessment of the material planning considerations:

5.1 Principle of the development It is considered that the proposal to erect a new dwelling on the site conforms to Policy CH1 of the GUDP in terms of being a specific site within a development boundary designated in the plan, and is also suitable as regards the size of the site which will continue from the existing terrace. As referred to above, the relevant policy states clearly that the property should be within the designated boundary for housing development; it is and therefore it complies with this criterion in the policy.

5.2 Visual amenities

The proposal is a new house at the end of an existing terrace and it is not considered that the proposal would have any impact on the amenities of the area in terms of appearance as the design is very similar to the terrace. Neither is it considered that the proposal would have any detrimental impact on the appearance or character of the neighbouring listed building as the new property would not have a direct impact on them and would not affect their character. Due to the above, it is considered therefore that the proposal complies with policies B3, B4 and B23 of the GUDP.

5.3 The house would be finished with a slate roof and a render finish to be in keeping with the rest of the terrace. The openings and the doors are of the same design and size as the terrace and are also of the same materials and, therefore, it is not considered that the proposal is acceptable in terms of policies B22 and B25 of the GUDP. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

5.4 Sustainability matters A pre-assessment report was submitted in relation to compliance with Level 3 of the Code for Sustainable Homes. This assessment shows that it is anticipated that the proposed house would reach Level 3 of the Code. It is therefore considered that the proposal is acceptable in terms of Policy C7 of the GUDP which relates to building in a sustainable manner.

5.5 Transport and access matters The site is served by an unclassified road which runs in front of the site where people park on the road as there are no specific parking spaces. It is intended to create a new entrance by the side of the property in order to create off-road parking provision. The Transportation Unit’s response stated no objection to the proposal as the provision is suitable and to include standard conditions and it is considered that the proposal complies with policy CH33 and CH36.

5.6 Trees matters A trees assessment of the site had stated that there is a mature tree of good shape on the site but that it is unsuitable for the site and likely to affect the neighbouring buildings in the future, along with the telephone lines nearby. Therefore, it is considered that it is acceptable for the tree to be felled subject to replanting work to be undertaken on the site in accordance with policy B19.

6. Conclusions:

6.1 As the site is within the city’s development boundary there is no objection to the proposal in principle. The main concern is the impact of the development on the site, tree felling and also highways issues and, in this case, parking provision has been provided therefore there is no impact on road safety. The property is also an addition to the existing terrace and is the same size as the rest of the terrace and, therefore, it is not considered to be an over-development of the site. Having received a trees assessment, it is not considered that there is justification to refuse this application on these grounds as the tree is unsuitable for the site and needs to be removed from there. Given the above, it is not considered that the proposal will have a detrimental impact on the amenities of the area, nor on those of nearby residents and therefore it conforms to the relevant policies.

7. Recommendation:

7.1 To approve – conditions 1. Five years 2. In accordance with plans 3. In accordance with the design and access statement 4. Level 3 Code conditions 5. Finish to be of render 6. Slate 7. Highway conditions 8. Welsh Water conditions 9. Trees conditions 10. Withdrawal of permitted rights PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Number: 9 PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Number: 9

Application Number: C12/1193/22/LL Date Registered: 10/09/2012 Application Type: Full - Planning Community: Llanllyfni Ward: Llanllyfni

Proposal: CONSTRUCTION OF NEW TWO-STOREY DWELLING HOUSE Location: THE RECTORY, LLANLLYFNI, CAERNARFON, GWYNEDD, LL546DF

Summary of the Recommendation: TO APPROVE SUBJECT TO CONDITIONS

1. Description:

1.1 Full application to erect a two-storey dwelling. It is proposed to erect a dwelling on a plot of land which is within the curtilage of another property and is, therefore, in front of an existing two-storey dwelling which is within the village boundary and also adjacent to the boundary wall of the Church, which is a Listed Building. The proposal involves the erection of a two-storey L-shaped dwelling which will measure 11.2m x 10.2m and a height of 8m with a slate pitched roof.

1.2 It is intended to erect the house within the garden of the existing house, which will be divided between the existing house and the proposed new house which are located within the village boundary with an access road leading from the highway down to the property. The same access will be used creating a new entrance for the new house which will involve opening a hole in the boundary wall. The front elevation will be finished with stone to be in keeping with the rectory.

1.3 The site lies within the development boundary of the Village and adjoins the wall of the Church, which is a grade II* listed building. There are dwellings in both directions from the site, and a Church to the side. A highway runs in front of the site.

2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009:

B3 – DEVELOPMENTS AFFECTING THE SETTING OF A LISTED BUILDING - Ensure that proposals have no adverse effect on the setting of Listed Buildings and that they conform to a number of criteria aimed at safeguarding the special character of the Listed Building and the local environment. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

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

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

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

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

CH1 – PROPOSALS TO BUILD HOUSES ON SITES ALLOCATED FOR HOUSING – Use will be approved provided that criteria relating to specific features of the development can be met.

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

CH36 – PRIVATE CAR PARKING FACILITIES – Proposals for new developments, extensions to existing developments or change of use will be refused unless off-street parking is provided in accordance with the Council’s current parking guidance. Consideration will be given to the accessibility of public transport services, the possibility of walking or cycling from the site and the proximity of the site to a public car park. In circumstances where off-street parking is needed 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 necessary parking spaces on another nearby site.

2.3 National Policies:

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

3. Relevant Planning History:

3.1 C11/1163/22/LL The Rectory, Llanllyfni – Construction of a new two-storey dwelling - Refused 20-3-12

4. Consultations: PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Community/Town Council: Concern about the proposal on the following grounds -

 The effect of the house on the condition of the Church wall  The effect of the proposal and excavation on the Church boundary wall.  The stone elevation should face the road and not the rectory (however, plans show that the elevation facing the road will be of stone)

Transportation Unit: No objection

Environment Agency: Not received

Welsh Water: To approve subject to standard conditions

Archaeological Trust: Not received

Footpaths Officer: Not received Public Consultation: A notice was placed on the site and nearby residents were informed. The consultation period ended on 11.10.12 and four letters / pieces of correspondence were received objecting to the application on the following grounds:

 The impact of the development on the privacy of a neighbouring resident with a window overlooking  The effect of the proposal on the Church boundary wall  The effect of the proposal on the view from the Church (essential setting)  The dwelling too large for the site  Concerns regarding using the adjacent public footpath with cars accessing the new property  No need for the house within the village  Loss of privacy  Concerns with driving out of the site with road safety

5. Assessment of the material planning considerations:

5.2 Principle of the development

It is considered that the proposal to erect a new dwelling on the site conforms to Policy CH1 of the GUDP in terms of being a specific site within a development boundary designated in the plan, and is also suitable as regards the size of the site. As referred to above, the relevant policy states clearly that the property should be within the designated boundary for housing development; it is and therefore it complies with this criterion in the policy.

5.2 Visual amenities PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Considering the previous application which was refused, the proposal has now been stepped back from the road and is also 1m lower in height. Therefore, it is not considered that the proposal should have any detrimental effect on the appearance of the listed Church nearby as the property will not conceal the Church from the road. The proposal is for a two-storey dwelling but the height has been lowered and, therefore, it is not considered that the property would have a detrimental effect on the amenities of the area or those of the neighbouring residents as there is 8m between it and the nearest property and there is also a vehicular access between them. Due to the above, it is considered therefore that the proposal complies with policies B3 and B23 of the GUDP.

5.3 The dwelling would be finished with slates on the roof, stone on the front elevation and the side of the property facing the road and render on the rest which are acceptable and in keeping with the other materials within the village. It is therefore considered that the proposal is acceptable in terms of Policies B22 and B25 of the GUDP.

5.4 Sustainability matters

A pre-assessment report was submitted in relation to compliance with Level 3 of the Code for Sustainable Homes. This assessment shows that it is anticipated that the proposed dwelling would reach Level 3 of the Code. It is therefore considered that the proposal is acceptable in terms of Policy C7 of the GUDP which relates to building in a sustainable manner.

5.5 Transport and access matters

The site is served by a highway which runs in front of the site with a private road leading into the site itself. It is intended to use the existing access down the private road and to open an additional entrance to the property which will also create plenty of parking spaces within the curtilage of the property. The Transportation Unit’s response stated no objection to the proposal as the turning provision is suitable and that there are plenty of parking spaces within the site and it is considered that the proposal complies with policy CH33 and CH36.

6. Conclusions:

6.1 As the site is within the village development boundary there is no objection to the proposal in principle. The main concern is the effect of the building on the Church which is the main building within the village; however, as the proposed property has been stepped back from the boundary and is also smaller in size, it is not considered that the proposal would have a detrimental effect on the appearance or character of the Church. Given the above, it is not considered that the proposal would have a detrimental impact on the amenities of the area, nor on those of nearby residents and therefore it conforms to the relevant policies.

7. Recommendation:

7.1 To approve – conditions 1. Five years 2. In accordance with the amended plans PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

3. In accordance with the design and access statement 4. Level 3 Code conditions 5. Front and side elevations to be of stone 6. Slate 7. Highway conditions 8. Welsh Water conditions PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Number: 10 PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Number: 10

Application Number: C12/1283/30/AM Date Registered: 25/09/2012 Application Type: Outline Community: Aberdaron Ward: Aberdaron

Proposal: RE-SUBMISSION - CONSTRUCT TWO 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 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.

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. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

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 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. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

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.

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 correspondences 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:

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. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

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 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. PWYLLGOR CYNLLUNIO DYDDIAD: 26/11/2012 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

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 Transport 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.