PWYLLGOR CYNLLUNIO DYDDIAD: 22/11/2010 PLANNING COMMITTEE DATE :
EITEM CAIS RHIF CYMUNED LLEOLIAD ITEM APPLICATION COMMUNITY LOCATION NUMBER
1 C10D/0247/45/AM Pwllheli Ala Cottage, Yr Ala, Pwllheli 2 C10A/0306/17/LL Llandwrog Adeiladau Tynllan Buildings, Llandwrog 3 C10D/0317/34/LL Clynnog Felin Faesog, Clynnog Fawr 4 C10D/0332/34/R3 Clynnog Llwyn Isaf, Clynnog Fawr 5 C10D/0363/39/LL Llanengan Ger y Môr, Abersoch 6 C10A/0377/14/LL Caernarfon Coed Helen Caravan Park, Caernarfon 7 C10A/0436/15/AM Llanberis Tir Groeslon, Clegir, Llanberis 8 C10A/0510/15/R3 Llanberis Llain ger Mynydd Gwefru/Land nr Electric Mountain, Parc Padarn, Llanberis 9 C10A/0511/11/R3 Bangor Ysgol Friars, Lôn y Bryn, Bangor 10 C10A/0519/15/LL Llanberis DMM International Ltd, Y Glyn, Llanberis 11 C10A/0522/22/R3 Llanllyfni Ysgol Bro Lleu, Ffordd y Brenin, Penygroes 12 C10A/0536/14/R3 Caernarfon Ysgol Syr Hugh Owen, Ffordd Bethel Road, Caernarfon
Number : 1
Application Number: C10D/0247/45/AM Date Registered: 15/06/2010 Application Type: Outline Community: Pwllheli Ward: Pwllheli North
Proposal: RESIDENTIAL DEVELOPMENT OF 28 HOUSES TOGETHER WITH FORMATION OF NEW VEHICULAR ACCESS, ESTATE ROAD AND ASSOCIATED WORKS Location: ALA COTTAGE , YR ALA , PWLLHELI , LL535BU
Summary of the TO DELEGATE THE POWER TO THE PLANNING MANAGER TO Recommendation: APPROVE THE APPLICATION .
Description: The application was deferred at the September 2010 committee to provide the applicant an opportunity to submit amended plans displaying an improved design for the properties facing Ala Road and to ask him to consider less density, better parking provision and an improved amenity resource for the residents of the proposed estate.
Amended plans were received on 13 October 2010 following discussions with the applicant and the agent. They show an amended design for the four types of house within the estate. The applicant was asked to submit an amended site plan showing the locations of the different types of housing in order for the plans submitted to the committee to be correct, and also in order to highlight the location of the parking provision within the scheme, however, these had not been received when preparing the agenda. The density of the development had also been discussed; however it appears that the applicant wished to keep to the present proposed density. Consultation was held on the amended plans, however, no response had been received when preparing the agenda.
This is an outline application for a residential development of 28 houses along with the creation of a vehicular access, an estate road and associated work, on land where a house, a former veterinary surgery and an outbuilding exist. It is noted that the applicant asks the Council to consider reserved matters regarding access, appearance, layout and size of the proposal also and, to this end, purposeful details of the proposal have been submitted.
The proposal involves the demolition of all the existing buildings on the site, including a lean to slate roof building which is physically connected to the grade II listed building, in order to improve visibility to the west of the new vehicular access and in order to have an acceptable layout for the development. The estate road from the junction with the first class county road which runs along the northern boundary of the site will be constructed to adoption standard.
The proposed houses are a mix of one, two and three bedroom units located within two and three storey dormer buildings covered with slate pitch roofs and with external walls covered with ivory coloured render. All the surface water goods will be of black uPVC and the external doors and windows will be of white uPVC. There will be two rows of 4 three storey dormer houses with three bedrooms facing the northern boundary of the site, with parking provision to the rear (plot nos. 1 8). In the middle of the site, 8 two storey houses with two bedrooms will be located in a block of six and two (plot nos. 9 14 and 27/28) either side of the estate road and 12 one bedroom studios will be located in a two storey building near the southern boundary of the site (plot nos. 15 26). It is intended to provide 21 parking spaces and create landscaped areas along the southern boundary and parts of the western and eastern boundaries of the site in order to use it as a surface water storage area within the flood plain.
The site lies within the town’s development boundary; however, the land has not been earmarked for residential development. To the north there are three storey houses on the opposite side of the first class county road as well as individual houses adjacent to the western boundary. To the east of the site there is a vehicle repair workshop and garages and to the south of the site there is a car park for a food shop. The southern part of the site lies within the C1 Zone and it is intended to raise the level of the land in the south eastern corner of the site by a maximum of XXX metres. However, it is also intended to move rubble and soil from part of the site near the southern boundary as a mitigating measure for raising the level of the land within the flood plain.
Relevant Policies: Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales (July 2010) emphasise that decisions should be in accordance with the Development Plan, unless material planning considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.
Gwynedd Unitary Development Plan 2009 (GUDP) Policy A2 Safeguard social, linguistic or cultural coherence within communities against significant harm due to the size, scale or location of proposals.
Policy A3 – Refuse proposals if there is any possibility of serious or irreversible damage to the environment or the community unless the relevant impact assessment can show beyond doubt ultimately that the impact can be avoided or alleviated.
Policy B1 Safeguard Listed Buildings against proposals for their total or partial demolition unless there is outstanding justification for doing so, in accordance with a number of criteria regarding the condition and ownership of the building. Policy 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.
Policy B20 – Refuse proposals which are likely to cause disturbance or unacceptable damage to protected species and their habitats unless they conform to a series of criteria aimed at safeguarding the recognised features of the site.
Policy B22 – Promotes the good design of buildings by ensuring that proposals conform to a series of criteria aimed at safeguarding the acknowledged features and character of the landscape and local environment.
Policy B23 – Safeguard the amenities of the local neighbourhood by ensuring that proposals must conform to a series of criteria aimed at safeguarding the recognised features and amenities of the local area.
Policy B25 – Safeguarding the visual character by ensuring that building materials must be of high quality that are in keeping with the character and appearance of the local area.
Policy B29 - Manage specific developments in the C1 and C2 flood zones and direct them towards suitable land in zone A unless they conform with a series of criteria relevant to the features on the site and to the purpose of the development.
Policy B32 – Refuse proposals which do not include flood reduction measures or appropriate alleviating measures which will lead to a reduction in the volume and scale of surface water reaching and flowing into rivers and other water courses.
Policy C1 Land within town and village boundaries and the developed form of rural villages will be the main focus for new developments. New buildings, structures and supplementary facilities in open countryside will be refused with the exception of a development which is permitted under another policy within the Plan.
Policy C3 – Proposals will be approved that prioritise re using land and buildings previously developed and located within or around development boundaries, provided that the site or the building and the use are suitable.
Policy C7 Proposals for new developments or for adapting and changing the use of land or buildings will be refused unless consideration is given to specific environmental matters. Proposals must conform to specific criteria regarding sustainable buildings, unless it is not practical to do so.
Policy CH3 - Approve the construction of houses on appropriate unallocated sites within the development boundaries of the Sub regional Centre and the Urban Centres.
Policy CH6 - Approve proposals for housing developments on sites allocated for housing or on random sites for five units or more within the development boundaries of the sub regional centre and the urban centres, which provide the appropriate element of affordable housing.
Policy CH30 – Refuse proposals for residential, business/commercial units or buildings/facilities for public use unless it can be shown that full consideration has been given to the provision of appropriate access for the widest possible range of individuals
Policy CH33 – Development proposals will be approved if they comply with specific criteria involving the vehicular access, the quality of the existing roads and traffic calming measures.
Policy CH36 – Proposals for new developments, extensions to existing developments or change of use will be refused unless off street parking is provided in accordance with the Council's current parking guidelines, and consideration given to accessibility to the public transport service, the ease with which travel to and from the site can be made on foot or bicycle and the proximity of the site to a public car park.
National Policies: Planning Policy Wales (Edition 3 July 2010) 9.2.11 Policies which seek to make maximum use of vacant urban land for housing will need to distinguish between sites which need to be retained for recreation, amenity or nature conservation purposes, and areas which are genuinely suitable for housing development. Where substantial new housing is to be permitted, plans should include policies to make clear that developers will be expected to provide open space which is reasonably related in scale and location to the development.
9.3.1 New housing developments should be well integrated with and connected to the existing pattern of settlements. The expansion of towns and villages should avoid creating ribbon development, coalescence of settlements or a fragmented development pattern. Where housing development is on a significant scale, or where a new settlement or urban village is proposed, it should be integrated with existing or new industrial, commercial and retail development and with community facilities. 9.3.4 In determining applications for new housing, local planning authorities should ensure that the proposed development does not damage an area’s character and amenity. Increases in density help to conserve land resources, and good design can overcome adverse effects, but where high densities are proposed the amenity of the scheme and surrounding property should be carefully considered. High quality design and landscaping standards are particularly important to enable high density developments to fit into existing residential areas.
Technical Advice Note 2 – Planning and Affordable Housing (2006) 10.3 Local planning authorities should include in their development plan either site thresholds or a combination of thresholds and site specific targets.
10.11 Local planning authorities and applicants for planning permission should work collaboratively in order to establish an appropriate and well integrated mix of housing types and tenures which will contribute to the identified need for affordable housing, and to the objective of achieving mixed and sustainable communities.
12.1 Both planning conditions and planning obligations may be used, where justified, to achieve the development and use of land in a way that contributes to meeting the identified need for affordable housing and to achieving mixed and sustainable communities.
Technical Advice Note 12 Design 2009 6. 7 The appearance and function of a proposed development, its scale and its relationship to its surroundings are material considerations in determining planning applications and appeals. Developments that do not address the objectives of good design should not be accepted.
Technical Advice Note 15 – Development and Flood Risk 2004 11.1 The susceptibility of land to flooding will be a material consideration in deciding a planning application. For proposals located in zone C developers will need to demonstrate, to the satisfaction of the planning authority, that the development can be justified in that location (section 6) and that the consequences associated with flooding are acceptable, with reference to section 7 and appendix 1. Where a site falls partially within zone C it will be a matter for the planning authority to judge whether to apply section 6, although it is probable that an assessment in accordance with section 7 and appendix 1 will be required. The Environment Agency will assist planning authorities in coming to their decision on whether the consequences of flooding are acceptable, in terms of the risks to people and property.
Technical Advice Note 18 Transport 2007 3.1 The land use planning system can impact on travel patterns, by guiding the location, scale, density and mix of new development and controlling changes of land use. In this way, transport and land use interact and can have an effect on the emission of greenhouse gases, the health of the local population, social inclusion and the costs of congestion. Changes in travel patterns brought about by land use change in the future are likely to be incremental, but over the medium to long term could significantly reduce the need to travel and ensure that effective use is made of public transport options, walking and cycling.
3.4 Settlement policies and residential allocations in development plans should therefore: • promote housing development at locations with good access by walking and cycling to primary and secondary schools and public transport stops, and by all modes to employment, further and higher education, services, shopping and leisure, or where such access will be provided as part of the scheme or is a firm proposal in the RTP; • include policies and standards on density, and parking to achieve higher residential densities in places with good public transport accessibility and capacity; • encourage residential layouts that incorporate traffic management proposals such as home zones, calming measures and 20 mph zones and where appropriate, layouts that allow public transport to pass through easily; and • require layouts and densities, which maximise the opportunity for residents to walk and cycle to local facilities and public transport stops.
Technical Advice Note 20 – The Welsh Language – Unitary Development Plans and Planning Control (2000) 12. In determining individual planning applications and appeals where the needs and interests of the Welsh language may be a material consideration decisions must, as with all other planning applications, be based on planning grounds only and be reasonable. These planning grounds include adopted development plan policies, including those which have taken the needs and interests of the Welsh language into account.
Technical Advice Note 22 – Sustainable Buildings 1.2.4.. ... planning therefore has a role in encouraging and facilitating homes and buildings that meet higher sustainable standards. In response to this PPW sets out the Assembly Government’s land use planning policies in respect of planning for sustainable buildings. This includes a national development management policy on planning for sustainable buildings that expects minimum sustainable building standards to be achieved for most new planning applications for residential and non residential development.
2.2.1 Nationally recognised quality assured standards provide a consistent and common framework against which the sustainability of most types of new buildings can be assessed. • For residential proposals the Code for Sustainable Homes (‘the Code’) has been adopted by the Assembly Government as the preferred tool to assess the sustainability of new homes in Wales.
Supplementary Planning Guidance Planning for sustainable building Supplementary Planning Guidance – Affordable Housing Supplementary Planning Guidance – Housing Developments and Educational Provision Supplementary Planning Guidance Housing Developments and Open Spaces of Recreational Value Supplementary Planning Guidance – Planning and the Welsh Language Supplementary Planning Guidance – Planning Commitments
History: C09D/0398/45/AM – Outline application to demolish a house, a former veterinary surgery and outbuildings and construct 28 houses. The application was withdrawn on 26 January 2010.
Consultations:
Pwllheli Town Council: Approve but draw attention to the fact that the buildings are unimaginative in terms of architectural quality and also they should be built with a local colour brick.
Transportation Unit: Not received
Environment Agency: Need to resolve matters involving compensatory flood storage void and restrict surface water runoff before being able to submit final observations. Propose condition to be imposed on any planning permission. Also note that finished floors should be no lower than 3.60m above the Ordnance Datum.
Confirmation was received via e mail on 1 November 2010 that the Agency would have no objections to the proposal provided that surface water disposal is by means of the foul water pipe.
Welsh Water: Propose advice and standard conditions.
Affordable Housing Officer: Supportive of the scheme on grounds that discussions have already taken place between the applicant and a Local Housing Association in terms of transferring 30% of the units (namely the affordable element) to a housing association. The mix of houses to be transferred includes 2 two bedroom houses, 2 three bedroom houses and 4 one bedroom houses. The development timetable will need to be known in order to ensure that the scheme is within the Gwynedd Social Housing Grant Programme in the future.
Access Officer: Submit observations on the access statement and seek further information regarding the options of houses for disabled people and how easy it would be to adapt the houses in the future for a disabled person.
Gwynedd Archaeological Propose condition requesting a survey and research work programme Planning Service: for the site.
Public Consultation: A notice was placed on the site and the application was advertised in the press as a substantial development. No response had been received within the statutory period which ended on 29 July 2010. The proposal is not likely to affect the amenities of any nearby residents.
A letter had been received from the Campaign for the Protection of Rural Wales which approved the fact that 29% of the units were going to be affordable ones, but criticising the design of the part of the proposal which faces Ala Road. They believe that the design should be simpler and that the finished colour was also important.
No response to the amended plans had been received when preparing the agenda, and the statutory period ends on 17 November 2010.
Additional Information: A Design and Access Statement, Flood Consequence Assessment, Planning Statement, Affordable Housing Statement and a bats survey were submitted with the application.
The application is submitted to the Committee as it is a development for five or more houses.
Other Material Planning Considerations:
The main considerations in this particular application include:
The principle of developing within the development boundary of an Urban Centre 1. Policy C1 states that land within town and village development boundaries will be the main focus for new developments. Locating new developments within towns and villages which have existing facilities and services offer an opportunity to reduce the need to travel, community regeneration and reducing the pressure to develop greenfield sites in the countryside outside development boundaries.
2. Similarly, Policy C3 states that proposals which give priority, wherever possible, to re using previously developed land or buildings that are located within or near development boundaries will be accepted, provided that the site or building and the proposed use are suitable and conform to the UDP’s objectives and development strategy.
3. It is therefore considered that the proposal complies with these planning policies.
The Council’s Housing Policies and Affordable Provision 4. Pwllheli has been defined as an urban centre in the UDP as it is accessible to the rest of the area and there is a provision of wide ranging social facilities and services and a high standard of public transport links. The principle to approve the construction of houses on appropriate unallocated sites within the development boundaries of urban centres has been established in Policy CH3. However, should any proposal provide five units or more on such sites, the application would be expected to comply with Policy CH6 on affordable housing also. Policy CH6 requires that a percentage of the units provided as part of the plan meet the need for affordable housing.
5. The Council’s Housing Needs Survey notes that a minimum of 105 affordable units per year need to be provided in the Unitary Plan area. The current application proposes eight affordable units as part of the scheme, namely 2 three bedroom units, 2 two bedroom units and 4 one bedroom units and they have all been integrated into the rest of the development. This represents approximately 30% of the number of units proposed to be provided on the site, which complies with the indicative target of between 10% and 50% set for each site designated in the UDP.
6. An affordable housing statement was submitted with the application in accordance with the requirements of the Supplementary Planning Guidance. In it, the applicant states that the affordable provision within the scheme has been reached following discussions with a Registered Social Landlord. It is not yet known what type of tenure the affordable units would be, but it is stated that this would be lead by the Registered Social Landlord. However, it is likely that they will be low cost ownership units (‘home buy’ schemes or part ownership). The Council’s Affordable Housing Officer is supportive of the proposal, subject to the affordable units being provided at the same time as the open market units, and the applicant anticipates that this is what would happen. The Council is able to ensure this through an appropriate clause within the 106 Agreement, as well as the usual clauses regarding ensuring who is eligible to occupy them, that the units are affordable for the future, that their market price is a percentage of the open market value price, or that rent levels are in accordance with the Assembly’s rules. The applicant has expressed his willingness to sign such an agreement and it is, therefore, considered that the proposal complies with Policies CH3 and CH6 of the GUDP.
The impact on the character and setting of the listed building (B1 B3) 7. The house which is located on the western boundary of the northern part of the site is a grade II listed building, therefore, the Council is required to consider whether the proposal would affect the character and setting of that building. As part of the current application, it is intended to demolish a stone outbuilding which has a lean to slate roof which is physically connected to that listed building. A separate Listed Building application has been submitted to the Council for the demolition of this building and it is anticipated that the Planning Service recommends to Cadw that the application should be approved as it is an ancillary building and that it does not form part of the main listed building.
8. Currently, views of the listed building from the east have been blocked by the former veterinary surgery building. Due to the proposal to demolish this building, the building line of the two rows of three storey dormer houses opposite the northern boundary of the site will start adjacent to the north eastern corner of the listed building. Consequently, the aspect of the listed building from the eastern direction will improve significantly and will create a more open feeling. However, it is noted that there will be a gap of only 1 metre between the nearest gable end of the terraced houses and the listed building itself.
9. Policy B1 of the GUDP states that proposals to demolish listed buildings entirely or substantially will be refused, unless there is particular justification for doing so. However, in circumstances where permission is granted to demolish the building conditions will be imposed which will prohibit the demolition work until the contract to redevelop the site has been set and to ensure that the building materials from the original building are used in the plans to redevelop the site, or are available to be reused in another development plan. It is not considered that the demolition work is substantial in this case as it is an ancillary outbuilding in question and, therefore, it is not considered that the proposal is contrary to Policy B1.
10. In relation to Policy B3 of the GUDP, it is stated that proposals on sites which affect the setting of a listed building will not be approved unless several criteria can be complied with. The design of any development is expected to enrich the special quality of the main building as well as the positive quality of the local environment; that the proposal will not result in a loss of features such as wall railings, ancillary buildings, planting work, hedges, trees, any material on the floor, associated objects or archaeological remains which contribute to the special character of the listed building; and that the proposal will not cause significant harm to important views of the building and out of it.
11. As explained in the description of the application, it is intended to cover the external facade of the houses with ivory coloured render. This includes the front facades facing the county road. The listed building itself is of natural stone material which has not been covered with pebble dashing or render of any type. Although the aspect of the views of the listed building are improved as a result of demolishing the existing buildings on the site, it is considered that the use of render on the front elevation of the proposed terraced houses is unsuitable bearing in mind their proximity to the listed building itself. Materials which are more in keeping with the finish of the building itself should be used. This could include an element of natural stone in the proposed front elevation of the terraced houses, which will also likely to ensure compliance with Policy B25 of the GUDP. Similarly, the applicant should consider erecting a stone wall with railings on top along the northern boundary of the site with the county road in order to define the front gardens of the terraced houses facing that road. It is noted that the other houses to the north of the site on the opposite side of the county road have a smooth render finish.
12. The second criterion of the policy refers specifically to the loss of ancillary buildings. The ancillary building is not visible from the highway at present as it is located at the rear of a solid gate. Consequently it can not be stated that it makes a contribution to the special character of the listed building. It is noted that the building is listed due to its value as part of a group with Pwllheli hospital, and there is no reference to the ancillary building in the description. Consequently, it is not considered that the proposal substantially affects the setting of the listed building and, therefore, it is not contrary to Policy B3 of the GUDP.
Design (B22 and B25) 13. The buildings proposed to be erected on the site are two storey and three storey dormer ones, with the height varying between 7.5 and 8.5 metres above ground level. The three storey dormer units will be set along the front of the site with the county road to the north. It is considered that the design of the front elevation of these units is most important in the development as they will contribute to the streetscene. The use of natural slate for the pitch roofs is noted, but it must be stated that the facade of the two rows of houses is quite monotonous in terms of form, and it is not considered that the finish of ivory coloured render for the entire row is desirable either. Due to their location between a listed stone building and a church constructed of stone and brick, it is considered that more imagination should be used with the materials and finished colour of this elevation. In addition, details should be obtained of how it is intended to deal with the boundaries of the site in order to comply with Policy B25 of the GUDP.
14. It is considered that the scale, size, density, aspect and location of the proposed houses are acceptable in principle and the proposal as a whole nurtures sustainability principles. The proposal will not have an unacceptable detrimental effect on prominent views which the public have into, out of or across the town nor on the form and character of the townscape surrounding it. It is considered that the proposal largely complies with the criteria of Policy B22 of the GUDP but there is room to improve the main appearance towards Ala Road in order to ensure that the proposal makes a positive contribution to the townscape. The applicant was asked to reconsider this aspect of the plan, as well as submitting details of the finish of the facades within the site, noting which ones would be pervious and impervious and a response is expected prior to the date of the committee.
15. Amended plans were received and the elevations of the houses, including those that would face Ala Road. There is a great improvement in the elevations of the units in their entirety, with the front and rear elevations now much more symmetrical, and with openings that are commensurate with each other and also with the elevations. It is proposed to cover the external walls with smooth render.
Flooding and surface water considerations 16. A Flood Consequence Assessment was submitted with the application in accordance with the requirements of section 6 of Technical Advice Note 15 and a copy has been sent to the Environment Agency for response. The whole site lies within a C1 Zone as noted on the development advice maps linked to TAN 15. A letter was received from the Agency on 21 July 2010 doubting the suitability of the Assessment and consequently there was much communication between the Agency and the applicant. The Agency did not believe that the Assessment submitted was valid as there were plans attached to it which were different from the ones submitted with the application. Consequently, the Agency was of the opinion that a new Assessment was required, or an update, showing specifically how a flood water storage void would be maintained on the site in the future, including a matter of legal enforcement, and if an Assessment showing that flood consequences can be managed in an acceptable way is not submitted, the application should be refused in accordance with the requirements of Technical Advice Note 15.
17. Following further discussions, it appears that there is now an intention to create a flood water storage void under plot nos. 15 26 which appears to be acceptable by the Agency. In addition, it is given to understand that additional details have been submitted regarding restricting surface water runoff in order to ensure that flood threat is not increased to others on sites outside the application site. Confirmation was also received that the ‘formpave’ underground storage network will be used in order to provide 61.8 cubic metres of storage void rather than the 19 cubic metres originally proposed. However, the Agency was of the opinion that further details were required regarding how the storage void had been estimated and that this matter needed to be resolved before final observations on the application could be given. It is, therefore, suggested that mitigation conditions are imposed on any planning permission in order to limit the surface water runoff generated by the 100 year critical storm so that it will not exceed 5.61 l/s and not increase the risk of flooding off site; providing a compensatory flood storage void on or nearby the site up to a 100 year standard as noted in plan no. 3580 105 B; and that finished floor levels will not be installed lower than 3.60m above the Ordnance Datum. It is stated that the development should not be fulfilled unless it is entirely in accordance with the Flood Consequence Assessment dated May 2010. In addition, the Agency suggests that enforcement should be used so that the flood water storage voids are not closed up by using an Agreement under Section 106 of the Town and Country Planning Act 1990.
18. In order to ensure that any development on the site complies with Policies B29 and B32 of the GUDP, it is believed that it is essential that the final observations of the Agency are received before being able to grant planning permission for any development. To this end, consideration could be given to delegating any permission to allow the development on the land subject to receiving those final observations. Unless the Agency is entirely satisfied, then the application could be refused on grounds that the proposal does not comply with national planning guidance or the Council’s local planning policy in relation to flood risk and surface water runoff. It is noted that the Agency has confirmed via e mail on the 1 November 2010 that it has no objection to the proposal, subject to surface water disposal by means of the sewer.
Road safety, access and parking provision considerations 19. The proposal involves demolishing existing buildings within and on the northern boundary of the site in order to improve the visibility line to the west of the vehicular access which opens to the first class county road which runs from the Maes to the direction of Abersoch. This road is a main artery for traffic travelling to the Llŷn Peninsula and it carries high levels of traffic especially during the busy summer months. It is, therefore, essential that any new vehicular access which will serve the proposal complies with national standards for visibility lines etc. An existing vehicular access exists for the site but it is substandard and the proposal involves providing a new vehicular access near the eastern boundary of the site with the county road.
20. There is a 30mph speed restriction on the highway in front of the site, and the speed of traffic on this part of the highway is unlikely to be higher than the national speed restriction due to a bend in the road near the police station. Technical Advice Note 18 sets the stopping sight distance (SSD) standards, the visibility lines as the minimum distance needed for drivers to be able to see in front in order to stop if there is a hazard ahead. Usually, the SSD involves the 85 th percentile of actual speed (for streets which already exist) or planning (for new streets) vehicles on the highway in wet weather.
21. There is no reference in the planning statement submitted with the application to say that the new vehicular access complies with the standards noted in Technical Advice Note 18, and no formal response had been received to this aspect of the proposal by the Transportation Unit when preparing the agenda. Concern exists regarding the applicant’s lack of management of the land which abuts the highway to the east of the site and, consequently, the ability to provide an acceptable visibility line. Similarly, there is no assurance that the visibility line to the west of the new access is acceptable either in order to ensure that the proposal would comply with Policy CH33 of the GUDP.
22. It is intended to build the estate road to adoption level and the plans show that there is an intention to provide 21 parking spaces within the site. The site lies in the town centre and, therefore, it is likely that there is no need for the same level of parking provision for an estate in such a location as would be required for a site in a suburb or a more rural site, where there is a greater dependency on vehicles. There is a broad range of public transport provision in the town and, therefore, it is likely that the proposed parking provision would comply with national parking standards and Policy CH36 of the GUDP.
23. If the observations of the Transportation Unit are received prior to the date of the committee and that those observations are favourable, consideration should be given to including a condition on any permission requiring a traffic calming scheme to be agreed upon and implemented as part of the development, in addition to any conditions which would be proposed by the Transportation Unit.
Building in a sustainable manner 24. Since 1 September 2009 any residential development of more than five units is required to reach Level 3 of the Sustainable Homes Code as noted in Technical Advice Note 22. This is reflected in Policy C7 of the GUDP. The Welsh Assembly Government has accepted this Code as the method it favours for assessing the sustainability of new houses.
25. Section 5.0 of the Design and Access Statement states that the proposed development has been designed to comply with Level 3 of the Code. In order to reach this level, the houses will include a 25% improvement in the Dwelling Emission Rates over the Energy Target Rate; that any unit will not use more than 105 litres of water to each person per day; that the holistic SUDS system will be implemented which will include the setting of butts for recycling rain water, setting permeable facades and undertaking measures to stop storm water from flowing away from the site; that an internal waste recycling store for at least 60 litres of waste is provided for each unit as well as reaching criteria for low ecology value. In addition to this, it is stated that the buildings have been set out in a way which would maximise the potential for solar increase, which would, therefore, reduce lighting and heating costs.
26. Therefore, it is considered that the proposal complies with Policy C7 of the GUDP and the Council’s Supplementary Planning Guidance on Planning for sustainable building. Should the Committee decide to approve the application, relevant conditions will need to be imposed in order to ensure that the houses satisfy the Sustainable Homes Code in order to ensure that each house approved is built to achieve at least [Level 3] of the Sustainable Homes Code and achieve at least [6 credits] under the category ‘Ene1 – Dwelling Emission Rates’ in accordance with the requirements of the Sustainable Homes Code – Technical Guidance. The development must be maintained in accordance with the assessment and the approved endorsement in every way; that work on building any house approved will not start until the ‘Interim Certificate’ has been submitted to the Local Planning Authority which endorses that at least [Level 3] of the Sustainable Homes Code and at least [6 credits] are achieved under ‘Ene1 – Dwelling Emission Rates’ for that individual house or that type of home in accordance with the requirements of the Sustainable Homes Code – Technical Guidance. Before the individual house is used, a ‘Final Certificate’ of the Sustainable Homes Code will need to be submitted to the Local Planning Authority which certifies that at least [Level 3] of the Sustainable Homes Code and at least [6 credits] have been achieved under ‘Ene1 – Dwelling Emission Rates’, for the house in accordance with the requirements of the Sustainable Homes Code – Technical Guidance.
Impact on amenities of nearby residents 27. Existing houses lie opposite the site to the north and adjacent to the site to the west. It is not considered that the houses to the north of the site are affected by the proposal and the amenities of the residents of those houses will not be affected.
28. In relation to the property to the west of the site, it is noted that the block of 6 two storey houses are located between 6 and 6.8 metres from the western boundary of the site. Although a high stone wall separates the site from the garden of the adjacent property, as well as mature trees, the rear appearance of the proposed houses includes a bedroom window on the first floor level. It is inevitable that some overlooking will happen within settlements which have a high density of development, but it is not considered that the amenities of the occupants of the adjacent property would be significantly harmed. It is not considered that there will be any over shadowing of the adjacent property either.
29. No objection to the proposal had been received from neighbouring residents following the statutory publicity given to the application, and it is not considered that the proposal is contrary to policy B23 of the GUDP which safeguards the amenities of local neighbourhoods from significant harm.
Protected species 30. A bat survey was submitted with the application as the proposal was to demolish the whole existing building on the site. No presence of bats was found inside the house, cottage, garage or ancillary building to the adjacent listed building. Old traces of bat droppings were found within the roof space of the former veterinary surgery, but it is estimated that these droppings were approximately 5 10 years old. It is, therefore, unlikely that bats use any of the buildings for roosting at present. Despite this, it is recommended in the report that any ivy on the external walls is cleared during the winter months (October to February); that the slates on the roofs should be taken away by hand; and that any demolition work is suspended immediately if presence of bats is found and that the Countryside Council for Wales is contacted or a licensed bats worker.
31. No evidence of the presence of owls was found, and it is not considered that the existing buildings are suitable as a roost for them in any case. Some evidence of the presence of swallows was found, and as roosting birds are protected as well as the other species named above, it is suggested that the demolition work is taken slowly and that any demolition work is suspended until chicks have left the nest, should nests be found in the buildings.
32. It is considered that these mitigation measures are acceptable to ensure that the proposal is not contrary to Policy B20 of the GUDP.
Conclusions: Although the application in question is outline, the applicant is asking the Council to determine details such as access, appearance, setting and scale of the proposal, namely four of the five matters which are reserved when outline permission is granted usually. Therefore, the only aspect of the proposal which is not to be considered by the Committee is landscaping.
In principle, using the land within the development boundaries of towns and villages for undertaking development work is acceptable. This includes residential developments. The Council’s studies show that affordable units need to be provided to meet the general need for housing in the area and the provision which forms part of this scheme complies with the Assembly’s target of providing approximately 30% of affordable units within any housing development. It also complies with the Council’s standards as noted in the GUDP in relation to allocated lands. It will need to be ensured that a 106 Agreement is completed prior to considering granting planning permission in order to ensure that the affordable units are provided in an acceptable way, including the timing of providing each unit. The affordable units should be an integrated part of the wider scheme in order to ensure that the development meets the housing needs for the widest possible range of local residents who need affordable housing.
Whilst development control considerations involving the amenities of neighbouring residents and protected species are acceptable and satisfy the relevant policies of the UDP, it is considered that additional details are required from the applicant in relation to matters involving flood risk before the Environment Agency can submit its final observations. An acceptable mechanism will also need to be ensured for enforcing the protection of the flood water storage void within the development from being filled in, and especially those voids which will be under the units on plot nos. 15 26. It is possible to do so through the provision of a 106 agreement but that would be subject to receiving favourable final observations from the Agency to ensure that the proposal complies with the requirements of national planning guidance and local planning policy.
Similarly, it is considered that a formal response from the Transportation Unit regarding road safety matters and access is essential in order to ensure that the proposal will not be harmful to existing users of the busy county road which runs past the site. Unless the access satisfies the national requirements, it will not be considered that this important part of the proposal complies with the Council’s planning policy.
As previously noted, the proposal will comply with the Sustainable Homes Code and this is to be welcomed. Some aspects of the design, such as the front façade of the houses which face Ala Road are quite monotonous and changes to these elevations should be considered in order to ensure that the proposal is more in keeping with the streetscene and that it would not have a harmful effect on the setting of the adjacent listed building. The amended plans received on 13 October 2010 show a significant improvement to the elevations, and it is considered that this is now acceptable. The applicant should submit details of the materials and façade finishes within the scheme in order for the local planning authority to approve them, as well as details for treating the site boundaries. Otherwise, many of the usual design considerations are acceptable in principle.
Planning Policy Wales states that there is a presumption in favour of approving planning applications, unless other material considerations state otherwise, and decisions should be made in accordance with the development plan in force at the time. As it can not be established at present that the matters involving road safety and flood risk comply with the Council’s planning policies and national planning policies, the committee is asked to delegate the right to the Planning Manager to approve the application subject to resolving these considerations in an acceptable way and subject to other requirements noted in this report.
Recommendation: To delegate the right to the Planning Manager to approve the application subject to receiving the observations of the Transportation Unit, agreeing on a timescale for the affordable units and signing a 106 Agreement of the Planning Act 1990 for enforcing keeping the flood water storage voids and the provision of affordable units – conditions – start time; submitting landscaping details (reserved matters); act in accordance with the approved amended plans; materials, appearances and facades within the site to be agreed; agree on and implement a plan regarding treating the site boundaries; roads including agreeing upon and implementing a traffic calming scheme; submitting the methodology and receiving the approval of the local planning authority for demolishing the existing buildings before starting any work; the houses to meet the Sustainable Homes Code in order to ensure that each house approved is built to achieve at least [Level 3] of the Sustainable Homes Code and achieve at least [6 credits] under category ‘Ene1 – Dwelling Emission Rates’ in accordance with the requirements of the Sustainable Homes Code – Technical Guidance, and maintain the development in accordance with the assessment and approved endorsement in all ways; that the work of building any house approved will not start until the ‘Interim Certificate’ has been submitted to the Local Planning Authority which endorses that at least [Level 3] of the Sustainable Homes Code and at least [6 credits] are achieved under ‘Ene1 – Dwelling Emission Rates’ for that individual house or that type of home in accordance with the requirements for the Sustainable Homes Code – Technical Guidance. Before the individual house is used, a ‘Final Certificate’ of the Sustainable Homes Code will need to be submitted to the Local Planning Authority which endorses that at least [Level 3] of the Sustainable Homes Code and at least [6 credits] are achieved under ‘Ene1 – Dwelling Emission Rates’ for that house in accordance with the requirements of the Sustainable Homes Code – Technical Guidance; any ivy on external walls of the buildings to be cleared during the winter months (October to February); that the slates on the roofs should be taken away manually; and that any demolition work is suspended immediately if presence of bats is found; any demolition work to be suspended until the chicks have left the nests, should nests be found in the buildings; conditions as suggested by Welsh Water; undertaking an archaeological survey; and any other conditions considered relevant by the local planning authority.
Number : 2
Application Number: C10A/0306/17/LL Date Registered: 12/06/2010 Application Type: Full Planning Community: Llandwrog Ward: Groeslon
Proposal: CONVERSION AND ADAPTATION OF REDUNDANT AGRICULTURAL BUILDINGS TO NINE HOLIDAY UNITS AND CREATION OF PRIVATE OUTSIDE SPACE FOR EACH UNIT, EXTEND/ADAPT CURRENT ACCESSES TO THE SITE AND WIDEN THE ROAD FROM GLYNLLIFON ROAD TO THE SITE, CREATION OF 30 PARKING SPACES AND INSTALL A SEPTIC TANK
Location: TYNLLAN BUILDINGS , LLANDWROG , CAERNARFON , GWYNEDD
Summary of the TO APPROVE WITH CONDITIONS Recommendation:
Description: The proposal relates to the conversion and adaptation of redundant agricultural buildings to 9 self contained holiday units and creation of private outside space for each unit; extend/adapt current accesses to the site and widen the road from Glynllifon Road to the site, creation of 30 parking spaces and install a septic tank.
The buildings that are the subject of the proposal are traditional buildings sited around a yard with an open barn to the rear. The buildings sited around the yard are single storey or one and a half storey high with openings including doors, windows and cart openings which are either open or closed up. All the buildings are in good condition with slate or corrugated roofs. The buildings are aited well and face inwards towards the yard and the secure stone walls are full of character and quintessence. Adjacent to the north west of the site is the road that leads from the Caernarfon to Pwllheli (A499) highway down towards the village of Llandwrog which is mostly within the Llandwrog Conservation Area. In all other directions are open fields. The site is located on higher ground in relatively open surroundings with the only screening being a few trees to the south east.
Two accesses service the site currently – both with poor visibility onto the traditional narrow lane with stone walls on either side.
The proposal includes: • The creation of 4 three bedroom holiday units and 5 two bedroom holiday units including any related alterations /outside work • New septic tank • Remove the wall between the A499 and the site in order to create 6m of road and re build the wall • Changes and improvements to both accesses to the site • Creation of parking spaces • Provide a bat roost in the holiday unit roofs
A Bat Report and a Structural Report were provided in relation to the application.
Relevant Policies: Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that decisions should be made in accordance with the Development Plan, unless material planning considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.
Gwynedd Unitary Development Plan 2009:
C4 Adapting of buildings for reuse Proposals to adapt buildings for reuse rather than to demolish them will be approved provided they conform to specific criteria regarding the aptness of the building, visual considerations, design and the impact on the vitality of neighbouring towns and villages.
D10 Adapting of buildings for industrial or business use – Proposals to change the use of buildings to small scale industrial or business use will be approved provided the chosen location can be justified and they conform to specific criteria regarding the scale and nature of the development and the relationship of the development with nearby buildings/uses.
D15 Self catering holiday let 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 a 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.
B15 Protection of nature conservation sites of international significance Refuse proposals which are likely to cause significant damage to nature conservation sites of international significance unless they conform to a series of criteria aimed at managing, enjoying and safeguarding the recognised features of such sites.
B20 Species and their habitats that are internationally and nationally important Refuse proposals which are likely to cause disturbance or unacceptable damage to protected species and their habitats unless they conform to a series of criteria aimed at safeguarding the recognised features of such sites.
B22 Building design Promoting the design of good buildings by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features and character of the local landscape and environment.
B23 Amenities Safeguard the amenities of the local area by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features and amenities of the local area.
B25 Building Materials Safeguarding the visual character by ensuring that the building materials are of a high standard and in keeping with the character and appearance of the local area.
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.
CH33 Safety on roads and streets – Development proposals will be approved if they comply with specific criteria involving the vehicular access, the quality of the existing roads and traffic calming measures.
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.
National Policies:
PPW Version 3 2010
TAN 6: Planning for sustainable rural communities, 2010
Relevant Planning History :
C09A/0009/17/LL Application withdrawn. Convert and adapt redundant agricultural buildings into nine holiday units, a farm shop and café along with a swimming pool building and tennis court, the creation of a new access and parking spaces including the installation of a septic tank.
C09A/0276/17/LL – convert and adapt redundant agricultural buildings into nine holiday lets, a farm shop and café and the construction of a swimming pool and tennis court, the creation of new access and 30 parking spaces, alterations to the two accesses and widening the lane from the Glynllifon road (A499) to the site and installation of a septic tank. Refused August 2009
Consultations:
Community/Town Council: No objections but need to widen the road to the site
Transportation Unit: Observations and relevant conditions
Environment Agency: Awaiting response
Welsh Water: No objection
Tree Officer: No objection, attention drawn to the SAC
Biodiversity/CCW Awaiting a response
Environmental Health Observations on the septic tank and standard conditions Section:
Public Consultation: • Two notices were given – one on site and the other on the fringe of the village, no nearby residents exist. The consultation period has come to an end and no responses have been received.
Additional Information:
Special Area of Conservation (SAC) & protected trees (TPO) nearby the site.
Material Planning Considerations:
1. In terms of the proposed use of the buildings as nine holiday units, there is no objection on the basis of Policy D10 Adaptation of Buildings for Business Use since the scale and nature of the development are acceptable considering the location and size of the said buildings and that it would not constitute an unacceptable relationship with the nearby current uses. Also, holiday lets are acknowledged as business use. Also, the proposal conforms to Policy C4 Adaption of Buildings for Reuse since the building is structurally sound and does not involve large scale adaptation work; the proposal is also appropriate for the nature and scale of the buildings and the design respects the structure, form and character of the original building and is in keeping with the inherent characteristics of the building. Also, it is not considered that the external work will have an adverse affect on the visual amenities and character of the surrounding area.
2. Policy D15 of the GUDP supports the development of new permanent self serviced holiday accommodation, or adaptation of existing buildings into such accommodation when the design, layout and appearance of the development are of a high standard and: that the scale of the proposed development is appropriate with regards to the site and location; the development is not in a residential area and that it would not lead to the over accumulation of such accommodation within the area. It is considered that the design is of a high standard and works well with the buildings whilst complementing their character. It is considered that nine units is a high number but the scale of the buildings means that nine are appropriate within the development with each of the units ample in size and that it is not an over development of the site.
3. Since Policies B22 and B25 relate to design and materials, it can be stated that the design of the changes and materials are appropriate and are in keeping with the current buildings that are on the site, retaining the simple, traditional and agricultural character of the said buildings. Whilst the north west elevation of the buildings are relatively prominent in the landscape, it is not considered that it would be much more prominent following its conversion into holiday lets and that it would not have an unacceptable adverse affect on the views or amenities of the area.
4. Policy B23 relates to Amenities and it is not considered that this proposal constitutes an over development of the site due to the information outlined in paragraph 2 above. Also, it is not considered that significant damage would derive from additional traffic to and from the site since it is not likely to create high density of movement. The proposal would not impair the privacy of nearby residents or their amenities. It would also consider the needs of all possible site users.
5. The site is located nearby Glynllifon SAC and a bat report has been submitted stating that a bat roost should be created in the new roofs in order to mitigate the effect of the development. I understand that the Council’s Biodiversity Unit and CCW have approved the design and the intention of creating a bat roost in the new roof. This will ensure that the proposal conforms to Policies B15 and B20 and the developer will also be asked to submit an application to the Assembly for a licence in order to carry work out on the buildings.
6. It is considered that sufficient parking provision exists for the development and that this conforms to Policy CH36. It is also considered that improvements by means of widening the road for a part of its length would improve the access as would improvements to the two current accesses. This would ensure conformity to Policy CH33 Road and Street Safety.
7. The proposal is a resubmission of a previous application that was refused but on a smaller scale which is much more appropriate for the location.
Conclusions:
It is apparent that there is no objection in principle or on Policy grounds to the proposal to reuse such farm buildings and this is also supported by national advice. It is not considered that any other relevant planning considerations exist.
Recommendation:
To approve the application with conditions relating to: commencement date, plans, designs and finishes, holiday lets only, holiday period, improvements to the road and accesses, parking, septic tank, bat roost and time of work, no changes or other developments.
Number : 3
Application Number: C10D/0317/34/LL Date Registered: 09/08/2010 Application Type: Full Planning Community: Clynnog Ward: Clynnog
Proposal: CONVERT A FORMER MILL INTO A HOLIDAY UNIT AND INSTALLATION OF A TREATMENT TANK Location: FELIN FAESOG , CLYNNOG FAWR , CAERNARFON , LL545DD
Summary of the DELEGATE THE RIGHT TO APPROVE WITH CONDITIONS Recommendation:
Description: The proposal involves the conversion of a former mill into a holiday unit along with the installation of a treatment tank. The proposal would include a kitchen, dining room and a bathroom on the ground floor and then a bedroom, lounge and bathroom on the first floor. The openings for the doors and windows would continue as they are at present and it is proposed to install two roof lights in the roof of the property.
The site is situated in the countryside and lies within an Area of Outstanding Natural Beauty (AONB). Most of the site is located within a C2 flood zone according to the development advice maps referred to in TAN 15: Development and Flood Risk. Afon Desach lies to the east of the site. Access is gained to the site along a narrow lane leading from the class 3 highway. Part of this access lane is also a public footpath. One house is located to the west of the site and another house is approximately 100m to the north of the site.
Relevant Policies: Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that decisions should be made in accordance with the Development Plan, unless material planning considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.
Gwynedd Unitary Development Plan 2009: B7 Refuse proposals which will damage or destroy archaeological remains which are of national importance (whether they are registered or not) or their setting. Also refuse any development which will affect other archaeological remains unless the need for the development is greater than the significance of the archaeological remains.
B8 To safeguard, maintain and enhance the character of the Area of Outstanding Natural Beauty by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features of the site.
B20 – Refuse proposals which are likely to cause disturbance or unacceptable damage to protected species and their habitats unless they conform to a series of criteria aimed at safeguarding the recognised features of the site.
B22 – Promote good building design by ensuring that proposals conform to a series of criteria relating to safeguarding the recognised features and character of the local landscape and environment.
B23 Safeguarding the amenities of the local neighbourhood by ensuring that proposals must conform to a series of criteria which aim to safeguard the recognised features and amenities of the local area.
B25 – Safeguard the visual character by ensuring that the building materials are of high standard and in keeping with the character and appearance of the local area.
B29 - Manage specific developments in the C1 and C2 flood zones and direct them towards suitable land in zone A unless they conform to a series of criteria relevant to the features of the site and to the purpose of the development.
C4 – Proposals to adapt buildings for reuse rather than demolish them will be approved provided they conform to specific criteria. These involve the suitability of the building for the proposed use, visual considerations and that the design respects the original building and the surrounding area. Buildings in the countryside must be permanent and structurally sound. They should be able to be adapted without substantial construction work. They should not disperse activities at a scale that would harm the vitality of towns and villages.
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 current parking guidelines. Consideration will be given to accessibility of public transport, the possibility of walking or cycling from the site and the distance from the site to a public car park. In circumstances where there is an assessed need for 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, the proposals will be approved provided the developer contributes to the cost of improving the accessibility of the site or providing the number of parking spaces on another nearby site.
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.
National Policies: Planning Policy Wales (Issue 3, July 2010) Technical Advice Note 12: Design Technical Advice Note 15: Development and Flood Risk
Relevant Planning History : 2/14/111 – Outline permission to convert and adapt the mill as a folk museum, café and shop Felin Faesog, Tai’n Lôn, Clynnog Fawr – Approved 5 February 1979.
2/14/111A – Convert and adapt a mill into a folk museum, café and shop and a car park Felin Faesog, Tai’n Lôn, Clynnog Fawr – Approved 18 December 1979.
Consultations:
Community Council: Object, as members questioned the need for another holiday unit in the area.
Transportation Unit: The proposal utilizes an existing access that already serves another property and, therefore, I have no objection. Suggest that the applicant contacts the landowner for permission to remove a section of the ‘clawdd’ in order to improve visibility at the entrance.
Environment Agency: Original observations state that the development is partly within a C2 flood zone and there is a requirement to submit a flood consequence assessment.
Furthermore, the applicant had a meeting with the Environment Agency and the following observations were received:
Following the review of the flooding threat, it is apparent that most of the floor of the building has been set some distance above the river bank, therefore we do not believe that this part of the building is in danger from floods. However, the kitchen floor has been set at a lower level and it has not been shown that it would be beyond the reach of floods with an annual probability of 1%, especially bearing in mind the effects of climate change. The applicant has not shown that the development can fully comply with the requirements of TAN 15 (sections A1.14 and A1.15). However, bearing in mind that only a small part of the building could ever be in danger from floods, we do not object to the development if the developer could submit flood hazard mitigating measures and if he includes flood resisting techniques in the plan of the building. During the meeting, the applicant suggested the following methods: • raising the floor levels of the kitchen; • constructing a wall next to the back door to direct floods away from that door; • include flood resisting methods when refurbishing the kitchen; • moving the compact treatment unit to higher ground so that it will not be in such a danger from floods. Therefore, the developer is requested to include steps such as those suggested above in a restricted flood consequence assessment.
Welsh Water: No observations
Environmental Health Section: Not received
Biodiversity Unit: In 1992, there was a bat roost for the lesser horseshoe bat in Felin Faesog, unfortunately, there is no bat roost in the building now. I visited the building with the applicant on 20 July and there was no evidence of bats in the mill. The lesser horseshoe bats still fly and hunt around the mill and this is known because I discovered evidence there of lesser horseshoe bats (a night roost) in a tin shed in a field behind the mill. Also, a bat survey showed that lesser horseshoe bats flew along the river. Following a discussion with the applicant, he agreed to provide a bat roost in the outbuilding near the mill to mitigate the loss of what used to be a bat roost in the past. Currently, there is no roof on the outbuilding. I have received amended plans from the architect that show mitigating measures for bats. The plans show that the outbuilding near the mill will be a bat roost with a list of details to ensure that the building is suitable for the lesser horseshoe bat. I am satisfied with the plans. Conditions will have to be included on any planning permission to provide a roost in the nearby building, the bat roost must be completed prior to commencing work on the mill; not to cut down any vegetation, shrubs or trees; no external lights on the roost or the mill without permission.
AONB Officer: The site in question lies within the AONB, a statutory designation of the same status as a National Park and has been so designated on the grounds of conservation. The AONB is safeguarded by national and local policies. The Design and Access statement is superficial and is incorrect in stating that the building is not located within the AONB. In general, the application is supported because no new openings are to be made, the doors and windows will be of timber and the original character of the mill will be well preserved. It is suggested that glazed doors with panes, like the original, should be used on the openings on the front elevation.
Gwynedd Archaeological It appears that much of the original character remains, including the Planning Service: mill’s machinery and water management system. It is considered that the proposal is sympathetic with the historical interest of the building as it is proposed to retain and maintain the water wheel and to make the minimum changes to the internal lay out and the historical fabric. It is proposed to undertake work to repair the mill’s machinery and it is suggested that an expert should be brought in to that end. A condition needs to be included on the planning permission to undertake a programme of archaeological work.
Public Consultation: A notice was placed on the site and neighbouring residents were informed. The consultation period ended on 29 September 2010 and 3 letters were received objecting to the application on the following grounds: • This is an old flour mill that has never been anyone’s home and the building is unique with the old flour mill’s machinery, the milling stones etc continuing to be there just as they were when the mill was working and all are unique and require to be protected. • Several young married couples from the parish have been refused permission either to convert outbuildings or construct a new house for themselves and, therefore, what reason could there be to consider this application to convert this special building into a holiday unit? • Problems already exist with the suitability of the road to reach Pant Afon and Felin Faesog and creating another new accommodation unit would exacerbate the existing problems. • Questioning the demand for a holiday unit at this location and that it was unnecessary. • Anything that is released from the treatment tank to Afon Desach as a result of a fault or accident would pollute the water that is drunk by cattle and sheep and would harm the fish also.
Additional Information: The application is being submitted to committee following receipt of three or more objections to the proposal. An acceptable Design and Access Statement was submitted with the application. A structural report and a bat survey were also received.
Material Planning Considerations:
The principle of developing the site as a holiday unit 1. Policy D15 of the GUDP supports the development of new permanent self catering 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 open countryside and it would 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 the site and its location. The Community Council object to the proposal on the grounds that there are plenty of holiday unit provision in the area already without adding to it. After examining planning applications in the locality, it appears that no concentration of holiday units has received planning permission in this area and, therefore, it is considered that the proposal would not lead to a concentration of accommodation 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.
Converting buildings 2. When converting buildings into any use, it must also be considered under Policy C4 of the GUDP. This policy states that proposals to adapt 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 adapted without major or complete reconstruction. A structural report was submitted with the application that concludes that the structure is suitable to be adapted into domestic accommodation. Also, it is 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 proposed for the building as the door and window openings will continue as the existing and the doors and windows will be of timber. It is proposed to install two roof lights in the building but it is not considered that these would have an impact on the character of the building. However, it is considered that conditions should be imposed on the planning permission that the roof lights must be of conservation type and installed flush with the slates on the roof so that they will be unlikely to have a detrimental impact on the building and that the windows and doors are 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 traditional and historical features of the building from the aspect of the mill’s machinery. Therefore it is considered that the proposal complies with Policy C4, B22 and B25 of the GUDP.
3. As noted above, the proposal retains the features of the existing building and there are very few external modifications to the building. Consequently, it is not considered that the proposal will have a detrimental effect on the visual amenities of the area and neither would the proposal have a detrimental effect on the appearance of the AONB and, therefore, it is acceptable from the aspect of Policy B8 of the GUDP.
Road Safety 4. A class 3 highway serves the property and access is gained to the site by means of a narrow lane from this class 3 highway. This narrow lane serves other properties nearby and part of this lane serves as a public footpath. The Transportation Unit has no objection to the proposal but has suggested that the applicant contacts the landowner to receive permission to remove a section of the ‘clawdd’ in an attempt to improve visibility. However, it must be borne in mind that planning permission was approved previously to use the mill as a folk museum, café and shop and that use had wider implications in respect of the use made of that access and the narrow road that serves the property. There would also be sufficient parking spaces for the development within the curtilage. It is considered that the proposal is acceptable in respect of Policies CH33 and CH36 of the GUDP.
Amenities 5. A few houses are located not far from the site. However, considering the proposal, namely, one holiday unit, the proposal is unlikely to have a detrimental effect on the amenities of nearby residents in respect of privacy etc. Therefore, it is considered that the proposal complies with policy B23 of the GUDP.
Floods 6. Part of the site lies within a C2 flood zone. Consequently, the applicant has had meetings with the Environment Agency. It appears that most of the floor of the building has been set considerably higher that the level of the adjacent river banks and, therefore, the Environment Agency does not believe that this part of the building is at risk from floods. However, the kitchen floor has been set at a lower level and it has not been shown that it would be beyond the reach of floods with an annual probability of 1%, especially bearing in mind the effects of climate change. The applicant has failed to show that the development can conform fully with the requirements of TAN 15. However, bearing in mind that only a small part of the building is in danger from floods, the Environment Agency does not object to the development if the developer submits proposals for mitigating flood hazards and includes flood resistant techniques in the design of the building. During the meeting with the Environment Agency, the applicant suggested the following methods: • raising the floor levels of the kitchen; • constructing a wall next to the back door to direct floods away from that door; • including flood resisting steps when refurbishing the kitchen; • moving the compact treatment unit to higher ground so that it will not be in such a danger from floods. As a consequence of the meetings that took place, the Environment Agency has requested the applicant to include steps, such as those suggested above in a restricted flood consequence assessment. This restricted floods consequence assessment was not to hand when the agenda was being prepared and, therefore, it cannot be confirmed now whether or not the development is acceptable in terms of Policy B29 of the GUDP.
Biodiversity 7. A bat survey was included as part of the application. This report states that there are no bats in the building. However, the observations of the Biodiversity Unit states that there was a lesser horseshoe bat roost in Felin Faesog in 1992 and lesser horseshoe bats still fly and hunt around the mill. They are aware of this as there is evidence of a lesser horseshoe bat night roost in a tin shed in a field behind the mill. Also, a bat survey showed that lesser horseshoe bats flew along the river. Following a discussion with the applicant and the Biodiversity Unit, he agreed to provide a bat roost in the outbuilding near the mill to mitigate the loss of what used to be a bat roost in the past. The applicant submitted plans showing the location of the roost and a list of details to ensure that the building is suitable for the lesser horseshoe bats and the Biodiversity Unit is satisfied with the plan. Conditions need to be imposed on any planning permission to provide a roost in the nearby building, the bat roost to be completed prior to commencing the work on the mill and details to be approved; not to cut down vegetation, shrubs or trees; no external lights on the roost or the mill without permission. It is considered that the proposal complies with policy B20 of the GUDP.
Archaeology 8. The observations of the Gwynedd Archaeological Service were received, stating that a record should be kept of any archaeological remains uncovered or affected by the development. To this end, it is considered that a condition should be imposed on the planning permission requesting that a programme of archaeological work should be undertaken to ensure that the proposal is acceptable in respect of Policy B7 of the GUDP.
Conclusions: It is considered that the proposal is acceptable for the location and would make use of a building that is not used currently. 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 considered that the proposal is acceptable in respect of road safety and amenities of nearby residents. Conditions will be imposed in respect of bats and undertaking a programme of archaeological work. It appears that the applicant has discussed the proposal with the Environment Agency in respect of floods implications and a restricted floods consequence assessment is awaited to ascertain whether or not the proposal is acceptable in respect of floods.
Recommendation To delegate powers to the Planning Manager to approve the application subject to receipt of an acceptable restricted floods consequence assessment and conditions – commence within five years; slate on the roof; any modifications to external walls to be finished in stone to match; timber windows and doors; roof lights of conservation type installed flush with the roof slates; removal of permitted development rights; no caravan within the curtilage; landscaping; holiday use only and not to be used as a separate permanent residential unit; no individual or family to stay in the unit for more than 28 days in any year; keep a register of people staying in the unit; undertake a programme of archaeological work; provide a roost in the nearby building in accordance with details to be approved; the roost to be completed prior to commencing work on the mill; no cutting down of vegetation, shrubs and trees; no external lights on the roost or the mill without permission; any condition imposed by the Environment Agency resulting from receipt of flood consequence assessment.
Number : 4
Application Number: C10D/0332/34/R3 Date Registered: 09/08/2010 Application Type: Regulation 3 Community: Clynnog Ward: Clynnog
Proposal: CONSTRUCTION AND IMPLEMENTATION OF ANAEROBIC DIGESTION FACILITY AND ASSOCIATED INFRASTRUCTURE INCLUDING CONTINUING USE OF AN ACCESS TRACK FROM THE A487 ALONG WITH DEVELOPING THE SURFACE WATER INFRASTRUCTURE ON ADJACENT LAND Location: LLWYN ISAF, CLYNNOG FAWR, CAERNARFON, GWYNEDD, LL54 5DF
Summary of the To approve with to conditions Recommendation:
Description: The development proposed on this site is one of the developments across Wales where the Welsh Assembly Government is providing support to local authorities to attempt to establish an infrastructure of anaerobic digestion facilities to manage food waste collected in Wales.
This is an application for an anaerobic digestion facility to deal with 15,000 tonnes of food waste collected in the County, along with producing up to 0.5MW of renewable energy from the process. The anaerobic digestion facility would treat food waste in a vessel in order to create material to improve the quality of the soil. This facility would be able to produce a maximum of 11,070m 3 of this material.
It is intended to locate the anaerobic digestion facility on 2.6ha of land to the south of the existing pulverisation building where there is extant permission for an in vessel composting unit (which has not been implemented thus far), and the permission also included the use of part of the Llwyn Isaf site as a waste transfer site. The application site is part of former sand and gravel works and is currently used to drain surface water from the landfill site in purpose built lagoons.
Therefore, there will be a need to provide a facility for the drainage of surface water on a level plot to the east of the existing landfill site. Part of the area has already been approved for a drainage lagoon as part of the permission for landfill and it is intended to extend this facility to deal with the capacity of surface water emanating from the hardcore floors of the proposed site.
It is anticipated that the landfill development will continue until the end of 2013 with an intention to operate the anaerobic digestion facility by the end of 2012.
The details of the application show the entire development over a 2.6ha area, which involves: • retaining the existing transportation road which links Llwyn Isaf and the A487 trunk road through the Cefn Graianog quarry, • extending the facility for draining surface water to the east of the site, • installing facilities for the waste treatment process within the Llwyn Isaf site to include, waste transportation hall, pre treatment building, treatment tanks and digested material storage tank. The applicants have submitted a design and access statement to confirm that the proposal satisfies the requirements in terms of access, character, design, ecology, community safety and environmental sustainability.
The Need for an Environmental Assessment: The application has been screened for the need for an Environmental Assessment under the Town and Country Planning (Environmental Impact Assessment) Regulations (England and Wales) 1999, and the application does not require an Environmental Statement.
Relevant Policies: Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 3.1.2 of Planning Policy Wales emphasise that decisions should be in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.
Gwynedd Unitary Development Plan 2009:
Strategic Policy 2 – The Natural Environment Strategic Policy 6 – Land Redevelopment and Reuse Strategic Policy 8 – Waste Strategic Policy 4 – Design Strategic Policy 9 – Energy
Policy B8 The Llŷn And Môn Areas Of Outstanding Natural Beauty (AONB) 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 B14 Safeguard the character of the Snowdonia National Park landscape Safeguard the character of the Snowdonia National Park landscape by refusing proposals which are visually obtrusive and/or are located insensitively and uncongenially within the landscape.
Policy B15 – Protect Nature Conservation Sites of an International Importance Refuse proposals which are likely to cause significant damage to nature conservation sites of national significance unless they conform to a series of criteria aimed at protecting, enhancing and managing recognised features within the sites.
Policy B16 – Protect Nature Conservation Sites of National Importance Refuse proposals which are likely to cause significant damage to nature conservation sites of national significance unless they conform to a series of criteria aimed at protecting, enhancing and managing recognised features within the sites.
Policy B17 – Protecting Sites of Regional or Local Significance - Refuse proposals which are likely to cause significant damage to sites of regional or local significance unless they conform to a series of criteria aimed at the management, enjoyment and protection of recognised features within the sites.
Policy B22 – 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.
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 B32 – Increasing Surface Water Refuse proposals which do not include flood reduction measures or appropriate alleviating measures which will lead to a reduction in the volume and scale of surface water reaching and flowing into rivers and other water courses.
Policy B33 – Developments that could cause pollution Protect human amenities, health quality and the natural or built environment from high levels of pollution
Policy C1 Locating New Developments – Land within town and village boundaries and the developed form of rural villages will be the main focus for new developments. New buildings, structures and supplementary facilities in open countryside will be refused with the exception of a development which is permitted under another policy within the Plan.
Policy C21 – Provision of waste management and recycling facilities – Land and property listed in the policy is safeguarded and/or allocated for the provision of infrastructure that could sustain or add to the range of waste management facilities noted in the North Wales Regional Waste Management Plan.
Policy C22 – Waste Management Facilities – Proposals for waste management facilities will be approved provided that they are justifiable in terms of the ‘Best Practicable Environmental Option’, the waste disposal hierarchy and the proximity principle provided there is demonstrable local need for the development.
Policy C27 – Renewable and Sustainable Energy Schemes – Proposals for renewable energy and sustainable energy management schemes will be approved provided that a series of criteria relating to the impact on the visual quality of the landscape and environmental and social factors can be met.
Policy CH33 – Highways Development proposals will be approved if they conform to specific criteria involving the vehicular access, the quality of the existing roads and traffic calming measures.
Regional Policies: North Wales Regional Waste Plan 2003 (First Review 2008)
National Policies: Planning Policy Wales 2002 Technical Advice Note (Wales) 12: Design Technical Advice Note (Wales) 5: Nature Conservation Technical Advice Note (Wales) 8: Renewable Energy Technical Advice Note (Wales) 21: Waste Technical Advice Note (Wales) 11: Noise Technical Advice Note (Wales) 18: Transportation Protection of Habitats and Species Regulations 2010.
Relevant Planning History : The site’s planning history dates back to the 1950s where permission was granted to obtain and work sand and gravel and the site was worked regularly for mineral purposes until 1983. Since 1983, two applications were approved by Dwyfor District Council including the development of landfill, in addition to a pulverisation building, and the site was used for waste disposal purposes by Dwyfor Council and Gwynedd Council until July 2000.
More recently, planning permission has been granted for: • C06D/0256/34/R3 – In vessel and open air composting facility, with an internal infrastructure including wash down area and storage area, along with provision for transferring waste. • C07D/0351/34/R3 – Mineral excavation developments in order to provide a domestic waste landfill facility, new access road, drainage system, stockpiling area and remedial works.
Consultations:
Clynnog Fawr Community No objection in principle based on the fact that recycling is Council: much better than landfill, but need an appropriate monitoring and management plan for the site as a result of concerns raised by local residents at a recent open evening.
Dolbenmaen Community No objection. Council:
Transportation Unit: No intention to provide a recommendation as it is assumed that the proposed development would not have a detrimental impact on any road, or proposed road, as there is a suitable access to the site that immediately joins the trunk road network.
Environment Agency: • The Agency supports the use of drainage methods based on the principles of Sustainable Drainage Infrastructures and suggest a condition to approve the plan to provide and implement a surface water regulatory infrastructure before installing any impervious surfaces that drain into that system. • No record of flooding on the application site. • Permission required from the Agency and Local Authority for any proposal to block up a water course. • The Agency’s permission required for any work within 7 metres of Afon Desach. • Environmental Licence required from the Agency under the Environmental Permission Regulations 2010; • No additional ecological studies required in the areas of the surface water accumulation pools.
Welsh Water: No public sewer in the application site. Mains water pipe crosses the site and need to conform to a series of conditions to protect it unless there is agreement to divert the pipe.
Countryside Council Initial Consultation: for Wales: • Concern regarding the possibility that discharge from the equipment’s processes will impact the Cors Eifionydd European Nature Conservation Area. Suggest the need to undertake an Appropriate Assessment under the Natural Habitat Protection Regulations 2010. • Concern regarding the impact of the development on the nearby Area of Outstanding Natural Beauty. Second consultation: Need a further assessment of the impact of the equipment’s processes – in order to ensure that there will be no significant impact on the Cors Eifionydd European nature conservation area.
Gwynedd Significance test under the Natural Habitats Conservation Council Biodiversity Unit: Regulations 2010 completed. Based on all information with this application, an assessment made by the Council concludes that the development will not have a detrimental impact on the integrity of the SAC and relevant features.
Gwynedd Archaeological Application site already assessed with the landfill Service: development and not of any archaeological value because of the history of sand and gravel excavation in the area.
Area of Outstanding Natural • Support in principle to the development that would Beauty Officer reduce landfill and promote recycling and create energy from food waste. • The site outside the AONB but visible from some locations nearby. Some implications in terms of the visual impact but the application site is quite low in the landscape with trees and other vegetation in its surroundings. Support the use of suitable colours to the structures of the site so that the development blends into the background. • It is not believed that the proposed development will be harmful to the Llŷn Area of Outstanding Natural Beauty.
Environmental Health Section: Noise levels from the development are low. Anticipate that the noise levels from the development would not be louder than the existing background levels measured in Llwyngwnadl Uchaf during the day and night.
Health Service, No response. Ysbyty Gwynedd: Public Consultation: This application has been advertised in the press and on the site. Local residents were informed and four letters were received in response to publicity on the application. The consultation period ended on 7 September 2010. The concerns based on planning grounds expressed in response to the notice on the application include:
• Increase in traffic levels on local roads • Odours • Noise from the activities and machinery • The detrimental effects of the existing landfill development on the amenities of the area, e.g. gulls and crows, rubbish being scattered and management of the site • The condition of the highway leading to the site • Dust • Vermin • The designation as a waste treatment site for the long term • Visual impact • The impact on the businesses and tourism of the area • Site opening hours
The above mentioned concerns will be assessed in the context of policies and all other material planning considerations.
Additional Information:
The application is submitted to Committee in accordance with the Gwynedd delegated scheme because it is an application submitted by the Council’s Highways and Municipal Department.
Other Material Planning Considerations: 1. The planning considerations include an assessment of the principle, road safety issues, visual impact on the AONB landscape, design issues, biodiversity issues, managerial issues and residential amenities.
The principle of the development 2. The demand for reusing or recycling waste materials has increased substantially in response to the European directive by means of the Landfill (England and Wales) Regulations 2000, to redirect waste from landfill sites to sources where sustainable use can be made of it.
3. This application responds to the need to manage and treat waste in a sustainable way. This facility would reuse food waste that would otherwise be sent to landfill and this method of treating waste is considered as a sustainable way of treating and dealing with waste. The facility would also produce renewable energy by treating the waste in this way.
4. The requirements of Technical Advice Note 21: Waste, along with the Regional Waste Plan objectives outline the need to develop a sustainable network of facilities for waste treatment, with particular emphasis on the need to provide facilities for reusing and recycling waste.
5. Llwyn Isaf has been designated by policy C21 of the Unitary Development Plan (UDP) 2004 2016 for developments associated with the disposal or treatment of waste.
6. Technical Advice Note 8: Renewable Energy and policy C27 of the UDP support the principle of providing energy from waste, subject to other relevant planning considerations.
7. Therefore, the development, in terms of principle, conforms to policy C21, C22 and C27 of the Gwynedd Unitary Development Plan and national planning guidance.
Highway Safety 8. The Council’s Transportation Unit does not object to the development considering that all movements will be restricted to the purpose built transport road that connects the site to the A487 trunk road. Of course, this will be managed by means of a planning condition. As 11,070m³ of material will be produced annually, there will be a need to secure appropriate provision for storing 5,535m³ in volume of material on the site as there is a need to remove the material from the site in two periods of six weeks at the beginning of the spring and at the end of the summer. During the period of exporting the material, there will be 14 additional vehicular movements per day to the usual movements of the site.
9. The access statement and the application plans confirm provision for turning spaces for loading vehicles, access to the highway, parking for site staff and visitor parking. No right of way or public footpath crosses the application site.
10. Since the new transport road became operational, managing transport emanating from Llwyn Isaf has improved substantially and the impact of the transportation has been mitigated substantially. No complaint was received regarding the effect of heavy transport associated with the landfill site. Therefore, it is unlikely that there will be any detrimental impact on the users of country lanes surrounding the site. Therefore, the development complies with policy CH33 of the UDP and national planning guidance.
Visual impact on the AONB landscape and design issues 11. The site is located outside, but on the periphery of the Llŷn Area of Outstanding Natural Beauty and within view of high land within the Snowdonia National Park. As a result, it is likely that some areas of the site would be visible from a distance from viewpoints that are subject to statutory protection. Following discussions with the applicant, many photographic montages of the buildings in relation to their surrounding area were submitted, including from nearby viewpoints and distant viewpoints. However, after assessing the details, it is considered that the change in the landscape will be relatively minor as a result of the proposed development.
12. The existing building on the Llwyn Isaf site was established as part of the landscaping development, in order to pulverise domestic waste before it was buried. As part of that development, a screen was established around the site, including a soil bund planted with hedges and trees. Today, some substantial vegetation has established as a screen surrounding the Llwyn Isaf site, including an extensive part of the application area.
13. The main structures of the development are located in a low dip within the Llwyn Isaf site that has been surrounded and screened with mature trees. Furthermore, it is possible to add to the screening measurements by planting additional trees and hedges in order to mitigate the visual impact of the development, in particular in the area of the two surface water reception pits located on a plot of land to the east of the existing site. There is extant planning permission for the northern pit with the landfill development and a vast number of the trees in this area have already been cleared. There is no intention to make additional provision to link to the electricity grid, only to upgrade the existing hook up point and use the electricity wires that serve the site.
14. In response to a consultation on the site, the Area of Outstanding Natural Beauty Officer stated that it was not believed that the proposed development would be harmful to the Llŷn AONB. It is not considered that there would be a detrimental impact on the visual amenities of the area or on the inward and outward views of the Area of Outstanding Natural Beauty or Snowdonia National Park.
15. Therefore, as a result of land levels, existing buildings on the site and screening that has been established around the site, it is believed that the development will not have any impact on the visual amenities of the AONB and therefore it complies with Policies B8, B14 and B22 of the UDP.
Biodiversity Issues 16. It is essential to consider the effect of the development on a special area of conservation (SAC), namely the Cors Eifionydd European nature conservation designation. The Countryside Council advised that there was a need to consider the development as a plan or project that could affect the features of the SAC and that there was a need to consider the need for an appropriate assessment in accordance with the Natural Habitats Conservation Regulations 2010. In response to a consultation on the application, no specific concerns were received from the Environment Agency regarding the possible impact on the SAC.
17. The information submitted with the application includes full drainage details to extend the facility for draining surface water to the east of the site. The anaerobic digestion process is completely closed and as a result it will not change the hydrology of the Special Area of Conservation or will cause pollution to any water source flowing into the Special Area of Conservation. The proposed development will not cause the direct loss of a habitat or species.
18. The part of the Special Area of Conservation that is closest to Llwyn Isaf is Cors Gyfelog which is located approximately 200m to the south east of the application site boundary and 330m away from the anaerobic digestion equipment and associated equipment. The applicant has provided information in an attempt to prove that any discharge from the anaerobic digestion process will not have an impact on the SAC and following the concerns of the Countryside Council, the applicant will provide further information to this end.
19. Despite the concerns of the Countryside Council, the Council’s Biodiversity Unit, as the Competent Authority, has undertaken the significance test in accordance with the Natural Habitats Protection Regulations 2010 and based on the information submitted with the application, it was considered that the development would not have a detrimental impact on the SAC’s integrity and relevant features.
20. The Biodiversity Unit’s assessment notes a series of recommendations for the benefit of safeguarding the integrity of the SAC, including restricting the size of the machinery and locating them as far away as possible from the SAC and monitoring discharge. However, these types of recommendations are mainly relevant to the site management plan that falls under the authority of the Environment Agency in relation to the licensing regulations of the site.
21. Based on the evidence, it is not believed that the development will have any significant impact on the qualities of the SAC or on the biodiversity of the area. Therefore, the development complies with Strategic Policy 2, policy B15, B16, B17, B32 and B33 of the Unitary Development Plan, as well as national planning guidance.
Management and Amenity Issues 22. The nearest residential property, namely Llwyngwnadl Uchaf, is over 400 metres from the site with other dispersed properties even further away than this, but they abut the transport road to the site. The noise assessment submitted with the application reflects the character of a rural area where the background noise levels in Llwyngwnadl Uchaf are low during the day and night. The assessment of the noise that is likely to emanate from the internal and external activities of the development has been undertaken in accordance with the necessary standards and has taken account of the worst possible scenario based on the noise levels provided by the manufacturers of the machinery that is part of the process.
23. The assessments have considered that the anaerobic process must work 24 hours a day and that some of the machinery, as a result, will be working constantly. However, it is not considered that the noise levels from the development will be louder than the background noise levels recorded in the noise assessment.
24. The assessment has also considered activities within the reception hall where purposeful machinery or equipment will transfer the waste deposited on the floor of the hall to parts of the equipment where it will be treated and processed. No waste will be deposited outdoors and no part of the anaerobic digestion process will be open to the elements either. There will be appropriate provision within the structure of the reception hall to manage odours from the process and it is intended to take advantage of the setting of the site by installing the doors of the hall on the northern side of the building which faces the current buildings.
25. It is intended to transport waste material and undertake ancillary activities within the reception hall during the hours of 08:00 – 18:00 Monday to Friday and between 08:00 – 16:00 on Saturdays.
26. An air quality assessment submitted with the application has considered the impact on ecological receptors, as referred to previously in this report, along with the impact on human receptors, namely nearby residents. The assessment confirms that the entire environmental contribution for all pollutants in the process is low, and it is not considered that emissions from the anaerobic digestion process in Llwyn Isaf would have a detrimental impact on the air quality of local residents.
27. The information submitted with the planning application notes that it is intended to impose a number of management measures in place in order to reduce the impact of noise, odours, etc. from the site. It would be possible to impose planning conditions to ensure that appropriate measures are in place permanently and to respond to any problem that could arise and to agree on any mitigation measures deriving from that. It must be emphasised that the Public Protection Section has no objection to the application, subject to conditions that will manage activities on the site and to monitor noise, dust and odour emissions. Also, a local liaison group has been established to deal with any complaints associated with any activities relating to the landfill development. The role of the group could be extended to respond to any concerns or anything related to the anaerobic digestion development.
28. The Environment Agency, by means of its powers, will also impose management standards and will monitor the situation. In addition to applying for planning permission, it is required for any venture that involves provision for waste treatment and disposal to apply to the Environment Agency in order to license the site under the Environmental Licensing Regulations 2010.
29. Therefore, it is not considered that this development is likely to have an unacceptable impact on the amenities of local residents or the local environment and as a result, the development complies with Strategic Policy 1, Policies B23, B32 and B33 of the Gwynedd Unitary Development Plan, along with national planning guidance.
Response to the public consultation
30. The main concerns being raised in response to the application mainly involve the possible impact on residential amenities.
31. Full consideration has been given above to the objections and planning grounds received in response to the consultation on this application. It is believed that there are no grounds to justify the refusal of planning consent in this case based on the impact on amenities as any effects can be mitigated by means of planning conditions. In addition, the development will need to comply with the requirements of the Environment Agency.
Conclusions: In general, food waste accounts for approximately 50% of all organic domestic waste and there are substantial environmental advantages available should it be possible for it to be collected and treated. It also appears that the choice is now moving away from in vessel composting and towards anaerobic digestion as it offers opportunities to produce renewable energy from an organic waste stream.
With the possibility that sending food waste to landfill will be prohibited in the near future, increasing landfill taxes and the increasing need to produce renewable energy in the UK, there will be more and more demand for AD facilities to treat municipal waste and commercial waste in the next years. Also, the development reflects national and regional objectives and guidance relating to the most sustainable methods of dealing with waste and providing renewable energy.
• The proposed development is acceptable in principle. • There will be no unacceptable impact on the safety of the users of any road and the development should improve safety on the existing road network, by using the purpose built transport road. • There will be no detrimental impact on the character of the Area of Outstanding Natural Beauty. • There will be no impact on the features of the SAC and SSSI or on the biodiversity of the area. • There will be no unacceptable impact on the amenities of local residents in terms of noise, odours. • It is believed that the development complies with local planning policies and regional and national planning guidelines.
Recommendation: To approve the development with conditions to ensure appropriate planning control in the following areas • Length of time • Site working hours • No working on Sundays or Bank Holidays • Noise, dust, odour monitoring and management plan • Review of the activities and implementation of any mitigation measures as required • Restricting transportation to the purpose built transport road • Planting / management and after care of vegetation surrounding the site • Welsh Water conditions
Number : 5
Application Number: C10D/0363/39/LL Date Registered: 17/09/2010 Application Type: Full Planning Community: Llanengan Ward: Abersoch
Proposal: TWO STOREY EXTENSION TO THE SOUTHERN GABLE END OF A DWELLING Location: GER Y MÔR , ABERSOCH , PWLLHELI , LL537DY
Summary of the TO APPROVE Recommendation:
Description: A full planning application to construct a two storey side extension to a two storey semi detached house. The extension measures approximately 6.8m wide and 6.5m in depth and includes a lounge and study on ground floor level and a bedroom and bathroom on the first floor. The windows are located on the front and rear elevations and it is not proposed to install windows in the gable end wall. The applicant states on the application form that it is not proposed to fell a tree. The gable end wall of the proposed extension is located approximately 3m from the low boundary wall of the property and approximately 4m from the gable end wall of the adjoining house. The property lies within the village boundary and AONB. The site is served by an existing access.
Relevant Policies: Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that decisions should be made in accordance with the Development Plan, unless material planning considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.
Gwynedd Unitary Development Plan 2009: B8 To safeguard, maintain and enhance the character of the Area of Outstanding Natural Beauty by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features of the site.
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 area by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features and amenities of the local area.
B24 – Ensure that proposals for adaptations or extensions to buildings conform to a series of criteria aimed at protecting the character and amenity value of the local area.
B25 – 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.
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.
National Policies: Planning Policy Wales 2010 (3 rd Edition) TAN 12: Design Relevant Planning History : 3/4/146 ‘A’ Convert a house into two houses – Approved – February 1974
Consultations:
Community Council: Approve
Transportation Unit: No observations
AONB Officer: He does not believe that it will create an unacceptable effect on the AONB.
Public Consultation: A notice was placed on the site and neighbouring residents were informed. The consultation period ended on 22.10.2010 and 3 letters were received objecting to the application on the following grounds: • The applicant failed to notify the joint owner of his intention to submit the application and the proposal would hinder the ideas of the joint owner for the property in respect of its division. • No consideration given to the detrimental effect of the proposal on nearby residents. • Over development, too close to the adjoining property; loss of privacy. • The proposal does not safeguard the amenities of neighbouring residents and the owners of those properties are dependent on tourism. • Obstructs the view of the sea from the street. • A massive extension to a holiday home that would spoil the character of the existing house. • Preventing access to the rear garden of the house. • The extension would partly obstruct the view from the rear of the adjacent house; within 3m to windows and overlooking. • The location plan is incorrect because it does not show the gable end extension to the adjoining property. • An incorrect statement in the application regarding previous consultation by the applicant with Council officers. • Locating the extension on the main sewer.
Additional Information: No additional evidence.
Material Planning Considerations:
Landscape 1. The site lies within the village boundary and AONB where local and national planning policies presume against developments that are likely to have a substantial detrimental effect on the landscape. The property is in a fairly concealed location because of the existing trees and hedges, along with the location of the house being approximately 60m from the county road. However, it is realised when looking at the property from the eastern direction (the coast) the houses in the village form a backdrop to the property and the proposed extension. «The coastline cannot be seen clearly from the street because of the existing semi detached houses and the trees within the curtilage of the property. Therefore, it is not considered that the proposal is likely to have a substantial detrimental effect on the landscape. The proposal is not contrary to policy B8 of the GUDP. Transportation 2. The access that currently serves the site is slightly sub standard because of lack of visibility. However, approving the proposal would not increase the use of the access to an unacceptable level that would have a detrimental effect on the safety of current users of the highway, especially bearing in mind that the site is within the village boundary. The response of the Transportation Unit has been received, confirming that they had no observations to make regarding the proposal. The proposal is not contrary to policy CH33 of the GUDP.
Design 3. The proposal involves constructing an extension on the gable end of a two storey semi detached house. It can be seen from the plan that the design of the extension is in keeping with the front and rear elevations of the original building and, although there is some concern regarding the width of the extension, it is not considered that this element in itself would be sufficient to object to the application. The property lies within a substantial curtilage and approving the application would not lead to an unacceptable reduction in amenity space within the curtilage of the house. It is considered that the proposal complies with policy B22 and B24 of the GUDP. The applicant states that he wishes to agree on the finish of the extension with the Council but a condition should be imposed on any planning permission to ensure that the external finish is in keeping with the existing house, thus ensuring that the proposal is in accord with policy B25.
Neighbouring Residents 4. The application was advertised on the site and nearby residents were notified and three letters of objection to the application were received. The majority of the concerns expressed by neighbouring residents have been noted in this report. It should be noted that the new extension will not significantly overlook the adjoining property. The gable end wall of the extension will be closer to the garden boundary of the property and consequently to the gable end of the adjoining house. Having noted this, it must be realised that it is not proposed to install a window in the gable end wall of the extension, that there are two windows in the gable end of the existing house and a distance of 4m will be kept between the proposed extension and the gable end of the adjoining property. The location of the extension will partly obstruct the view of the adjoining property but this is not a substantial material consideration. The owner of a nearby hotel has objected to the application. The location of this hotel is approximately 50m from the site on higher ground and it is felt that the effect of constructing the extension would not be substantially detrimental to the hotel or sufficient to refuse the application. In respect of concerns regarding sewerage, it is understood that there is no public sewer within the curtilage of Ger y Môr and, therefore, it appears that it is a private system. However, written confirmation of this is awaited from Welsh Water. This will be a matter for the applicant to discuss with the Planning Service, should the committee wish to approve the application. The joint owner of the property has expressed his concerns regarding the proposal on personal grounds but such issues are not material planning considerations. Having considered all the grounds for objecting, it is not considered that the proposal is contrary to policy B23 of the GUDP.
Conclusions: The property lies within the boundary of the village and AONB but the proposal to construct an extension on the gable end of a semi detached house is not likely to have a substantial adverse effect on the landscape because of the location of the property that backs onto the village and has existing trees and hedges within its curtilage. The extension is unlikely to attract additional traffic to the property that would likely have a substantial detrimental effect on road safety. `The extension is located on the gable end of a semi detached house and although the wall of the extension will be closer to the neighbour’s house, it is proposed to restrict windows to the front and rear elevations and consequently it is unlikely to have a detrimental effect on the amenities of residents of the house. The proposal will not have a substantial detreimental effect on the amenities of a nearby hotel because of the location of the application site in relation to the hotel and the objection of the joint owner are based on personal reasons. The design of the extension is acceptable.
Recommendation Approve – conditions – materials, no windows in the gable end wall of the new extension.
Number : 6
Application No: C10A/0377/14/LL Date Registered: 12/10/2010 Application Type : Full Planning Community : Caernarfon Ward: Seiont
Proposal: SITING OF 28 STATIC HOLIDAY CARAVANS IN LIEU OF 50 TOURING CARAVANS, LANDSCAPING AND ENVIRONMENTAL IMPROVEMENTS Location: COED HELEN CARAVAN PARK , COED HELEN ROAD , CAERNARFON , LL545RS
Summary of the Recommendation: Delegate the right to approve.
Description: The application entails the siting of 28 static holiday caravans in lieu of 50 touring caravans together with landscaping works and environmental improvements.
Relevant Policies: Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that decisions should be made in accordance with the Development Plan, unless material planning considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.
Gwynedd Unitary Development Plan 2009:
B6 – Caernarfon Castle and Town Walls World Heritage Site. Refuse proposals which will cause substantial harm to antiquities at the Caernarfon Castle World Heritage Site.
B7 Sites of archaeological importance. Refuse proposals which will damage or destroy archaeological remains which are of national importance (whether they are registered or not) or their setting. Also refuse any development which will affect other archaeological remains unless the need for the development is greater than the significance of the archaeological remains.
B12 – Protecting historical landscapes, parks and gardens. Safeguard landscapes, parks and gardens of special historical interest in Wales from developments which would cause significant damage to their character, their appearance or their setting.
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.
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.
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.
D17 – Upgrading static holiday caravan unit and holiday chalet sites Proposals for upgrading existing static holiday caravan and chalet sites by specific means will be approved if they conform with criteria regarding improving the range and quality of the accommodation and facilities; substantial and permanent improvements to the design, setting and appearance of the site and its position within the surrounding landscape; as well as increasing the number of units.
National Policies: Planning Policy Wales (3 rd Edition, July, 2010) Chapter 7 on “ Supporting the Economy” and Chapter 11 on “Tourism, Sport and Recreation”.
Technical Advice Note 5 –Nature Conservation & Planning
Technical Advice Note 12 – Design “….the relationship between all elements of the natural and built environment. To create sustainable development, design must go beyond aesthetics and include the social, environmental and economic aspects of the development, including its construction, operation and management, and its relationship to its surroundings.”
Technical Advice Note 13 - Tourism
Paragraph 13: ……. ‘New and extended sites should be effectively screened, and planned so as not to be visually intrusive’.
Paragraph 14: ‘Local planning authorities should examine the scope for encouraging holiday caravan site operators to improve the quality of their sites….. In some cases, to facilitate improvement or relocation, local planning authorities may need to consider some expansion of the area covered by a site, so that improved layouts and better landscaping can be implemented.’
Supplementary Planning Guidance:
Tourism Accommodation, September 2010 (Draft) Paragraphs 24 29
Relevant Planning History :
3/14/285A – Retention of the existing caravan park. Approved 06/09/78
3/14/285D – Siting of a portable office for touring caravans. Approved 07/03/84
C99A/0304/14/LL, C99A/0305/14/CR, C04A/0505/14/LL, C04A/0506/14/CR relate to Listed Building Consent applications and planning applications for the construction of a swimming pool. The applications were approved.
C05A/0918/14/LL – Amend condition 3 on planning permission ref 3/14/285A so as to extend the period of occupancy of the park from 1 st March 31 st October to 1 st March 10 th January in the following year. Approved 18/02/06
Consultations:
Town/Community Disagree – the change from 50 touring caravans to 28 static Council: caravans will bring less income to the town.
Highways: No objections to the placement of 28 statics in lieu of 50 touring caravans. A more detailed plan is required showing their intentions at the entrance with the adopted highway. Plan W1372 SK01 shows proposals to widen the access and highlight it with setts. The applicant submitted the relevant drawings on the 27/10/10 a copy of which was forwarded to the highways department for assessing. In response the highways department had no objection.
Environment Agency: At the time of writing the report no response had been received.
Environmental Health: If the application is successful the applicants should contact the department to alter the existing caravan site licence.
Welsh Water: Recommended standard conditions. The site is crossed by a water mains. The applicant is currently in discussions with Welsh Water regarding this issue.
CADW: The proposed development is located in the vicinity of the scheduled ancient monuments known as Caernarfon Town Wall, Caernarfon Castle, Lower Roman Fort. The application site also lies within the essential setting of the world heritage site. The Castles of Edward I in Gwynedd: Caernarfon; and within the arc of significant views. It is of paramount importance that the local planning authority satisfies themselves that the landscaping improvements and screening are included in the application. If the authority is minded to grant consent, that the proposed landscaping enhancements are made compulsory by condition.
Tree Officer: Supportive of the proposals regarding tree work and landscaping. Specifications for hard surfaces within root protection zones can be supported. A detailed landscaping plan and management specification needs to be issued.
Biodiversity: Initial comments identified a number of trees where a Bat Survey should be carried out and that conditions would be issued regarding the timing of when works to the trees can be carried out the specifics of which will be forwarded following assessment of the bat survey.
A bat survey was submitted on the 12 th October a copy of which was forwarded to the Biodiversity Department. At the time of writing the report no response had been received in response to the bat survey.
Gwynedd Coed Helen and gardens were established in the early 17 th century. Archaeological Coed Helen is a Grade II listed Building. The gardens are Planning Service. considered to be an important 18 th century style parkland landscape. The proposed landscape planting is in keeping with this character and since the site is already occupied by holiday caravans the proposed development will not detract from existing character.
The site is located within an area identified as an area of archaeological potential on the Historic Environment Record. Little archaeological research has been undertaken in the Coed Helen area. The site is located in close proximity to a number of historically important sites that includes scheduled ancient monuments. Given the relatively low impact of previous uses of the site it is considered potential of discovering well preserved Roman or prehistoric archaeology is relatively high.
A condition should be imposed if planning consent is to be granted to ensure that appropriate archaeological mitigation is carried out during the proposed development. This should compromise a programme of archaeological observation and recording, commonly termed a watching brief, on groundworks within the area of the new static caravans.
Public Consultation: The statutory publicity period came to an end on the 13/08/10. At the time of writing the report no representations adverse or otherwise had been received with respect to the application.
Additional Information:
The application has been supported by the following documents: • Tree assessment for bat potential. • Visual Study. • Five year Landscape Management Plan. • Design & Access Statement. • Arboricultural Report.
Material Planning Considerations:
Design & Access Statement : 1. Under the requirements of the Town & Country (General Development Procedure) (Wales) Order 2009 as Design & Access Statement is required to support this application. Technical Advice Note 12 – Design is clear in the advice given. The Design and Access Statement is a material consideration that the decision maker must have regard to when considering the application. The applicant has demonstrated through the design & access statement that consideration has been given to character, movement, environmental sustainability, community safety and access. The Design and Access statement has been given due weight and consideration in the determination of the application but it has not altered the recommendation made.
Policy Context & Principle of development: 2. As stated above there are a number of polices within the Gwynedd Unitary Development Plan that are applicable in the determination of the application. The main policy to be considered when assessing the principle of development is policy D17. Points A, B, and CH of the policy are applicable given that the application entails the exchange of touring pitches for static holiday caravan units by relocating existing units from within the site. The policy states that the development is acceptable providing that points one to three of the criteria can be met.
3. Criteria Point 1: That the proposed development is part of a scheme to improve the range and quality of tourist accommodation and facilities on the site.
• The existing site is already well serviced for visitors. The park has a permanent public reception an outdoor heated swimming pool, shower & toilet blocks, onsite pub and children’s play area. The park is within walking distance of the centre of Caernarfon and the nearby coastline.
• The ethos of the extension area is to provide a higher quality holiday accommodation experience by creating a new community area. The scheme will offer a greater variety in the level of accommodation provided at the park.
4. Criteria Point 2: that the proposed development offers significant and permanent improvements to the design, layout and appearance of the site and its setting in the surrounding landscape;
• The visual appearance of the existing site has a significant impact on the landscape when approaching the site from the A487 and down Lon Coed Helen. The existing touring site is visually open and has very little in terms of landscaping. The topography of the site and the surrounding landscape also makes existing static caravans visually apparent.
• The proposal entails significant levels of landscaping and boundary treatment that should improve the sites setting within the landscape.
5. Criteria Point 3: that any increase in the number of static holiday caravan or holiday chalet units is minor and is commensurate with the scale of any improvements to the site.
• The existing site has planning permission for 250 static caravans and 50 touring caravan units. Currently there are 217 static caravan bases on the site. The proposal will result in the cumulative siting of 244 static caravan units and no touring caravan units. The area of land that had permission for the 50 touring units will accommodate 26 static units.
• By virtue of the extant planning permission on the site there is no net increase in the number of permitted units. As a fall back position the site is able to locate all 250 static caravans and use the area for touring units to the detriment of the site, its facilities and the surrounding landscape. The current proposal gives an opportunity to substantially improve the sites setting within the landscape. Relevant conditions may be imposed regarding the colour of units sited and the level and type of landscaping carried out.
6. The applicant has demonstrated through the submission of a materplan, a design and access statement, a visual study and a 5 year landscape management plan that the scheme fundamentally aims to secure visual, environmental improvements whilst upgrading the overall quality of the park.
7. Whilst the comments raised by the Town Council have been considered and duly noted it is not considered that the application would merit refusal purely on that basis. It is considered that the improvements to the site and long term viability of the park outweighs the comments raised. It is not considered that the proposal will have a detrimental impact on the Centre of Caernarfon. It is therefore considered that the proposal conforms to policy D17 of the Gwynedd Unitary Development Plan and the guidance contained within the draft supplementary planning guidance relating to tourist accommodation.
Landscape & Visual Impact 8. Policies B6, B12 B23 and B27 is a consideration for this aspect of the application. The application site is located in the vicinity of the scheduled ancient monuments known as Caernarfon Town Wall, Caernarfon Castle, Lower Roman Fort. The application site also lies within the essential setting of the world heritage site The Castles of Edward I in Gwynedd: Caernarfon; and within the arc of significant views. The application site is screened from the Castle by virtue of the topography of the landscape and by existing woodlands. Nevertheless the setting of the landscape if of upmost importance in this location. The additional landscaping proposed will improve the sites setting and will aid in the mitigation of the existing site. It is considered that the proposal will not detract from the character and appearance of the site or its setting. The proposal therefore conforms with policies B6, B12 B23 and B27.
Affect on amenities of surrounding properties: 9. No letters of representation were received, adverse or otherwise following the statutory consultation process. The closest residential property is located on the access to the application site. Having considered the separation distances and the proposed planting scheme it is not anticipated that the proposal will have a greater impact on their amenities than the current situation or to such an extent that it would warrant refusal of the application. It is not considered that the development will unacceptably affect public amenity. The application therefore complies with policy B23 that refers specifically to amenities.
Highway Impact: 10. Lon Coed Helen is narrow and twisty. It serves a number of residential properties together with the holiday park and the Council’s Coed Helen leisure facilities. The proposal can be considered as a significant improvement to the current situation as there will no longer be vehicles towing caravans to the site. The reduced overall permitted numbers on site will also reduce the impact on the highway. The Transportation service had no objection to the proposal. It is therefore considered that the proposal conforms with policy CH33.
Conclusions: The siting design and landscaping is considered acceptable and will not detract from the character and appearance of the area. All material considerations have been taken into account in the determination of the application but have not altered the recommendation made.
Recommendation : Having considered the above and all other material considerations the recommendation is one of approval subject to satisfactory completion of consultations and the imposition of conditions regarding landscaping, archaeological assessment, siting, colour of units, number of units, seasonality, drainage and completion of the development in accordance with the approved plans and documents.
Number : 7
Application Number: C10A/0436/15/AM Date Registered: 31/08/2010 Application Type: Outline Community: Llanberis Ward: Llanberis
Proposal: OUTLINE APPLICATION TO ERECT ONE RURAL ENTERPRISE DWELLING Location: LAND AT GROESLON, CLEGIR, LLANBERIS, CAERNARFON, GWYNEDD , LL55 4EL
Summary of the TO REFUSE Recommendation:
Description:
Outline application to erect one rural enterprise dwelling.
A mineralogical plan was submitted demonstrating the layout of the proposed dwelling and the likely location of the sewage treatment system. It shows a probable floor area of 13m x 10m.
The site is in a rural area and is relatively open land with the remains of a stone building on one part of the site and a wire fence and posts safeguarding the boundaries.
A private track leads up to the site off the nearby highway and rises way above highway level towards the site itself.
The track passes by the applicant’s commercial vehicle repair garage and a machinery and materials storage site before reaching the site of the proposed dwelling which is approximately 50m further up the track.
The site is outside the village development boundary of Llanberis as designated in the Gwynedd Unitary Development Plan (2009).
Relevant Policies: Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that decisions should be in accordance with the Development Plan, unless material considerations dictate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.
Gwynedd Unitary Development Plan 2009:
Policy B17 – Protecting sites of regional or local significance Refuse proposals which are likely to cause significant damage to sites of regional or local significance unless they conform to a series of criteria aimed at protecting, enhancing and managing recognised features within the sites.
Policy C1 Locating new developments – Land within town and village boundaries and the developed form of rural villages will be the main focus for new developments. New buildings, structures and supplementary facilities in open countryside will be refused with the exception of a development which is permitted under another policy within the Plan.
Policy CH9 – New houses in rural areas – Refuse proposals for new dwellings in rural areas unless they are for individuals who must reside on the site due to their work and a number of other criteria relevant to the location and the type of dwelling, and restrictions on ownership of the dwelling.
National Policies:
Planning Policy Wales (version 3 2010).
Technical Advice Note 6: Planning for Sustainable Rural Communities
Relevant Planning History:
Planning application number C08A/0617/15/AM – outline planning application to erect a single storey dwelling – refused due to being contrary to relevant policies relating to new houses in the countryside 17.07.2009.
Consultations:
Community/Town Council: Not received
Transportation Unit: No objection
Environment Agency: Not received
Welsh Water: Comments regarding drainage.
Environmental Health Standard conditions regarding drainage. Section:
Policy Unit: Object due to being contrary to policies.
Biodiversity Unit: Comments regarding the status of the site.
Public Consultation: The application was advertised by means of a public notice on the site. No observation was received regarding the proposal, and the consultation period ended on 30 September.
Additional Information:
The application is submitted to the committee at the local member’s request in order to hold a discussion regarding the Assembly's guidelines relating to the erection of new houses in connection with rural enterprises.
Material Planning Considerations:
The main considerations in relation to this particular application include:
1. The appropriateness of the proposal in terms of conforming to local and national policies and guidelines, location and appropriateness of the site and the amenities of the area.
2. Policy CH9 of the Gwynedd Unitary Development Plan approves the erection of new dwellings in the countryside provided they conform to all the criteria in the Policy. Criterion 1a states that a dwelling is needed to house a full time worker or one who is employed mostly in agriculture, forestry or other rural industry based on using the land.
3. The explanation of the policy refers to defining rural industries that rely on the land as enterprises that are not agricultural but are dependent on the land and enterprises that vary the income streams on individual farms where workers have to reside on site rather than in a nearby residence.
4. Retrospective planning permission was given under reference C09A/0325/15/LL to change the use of an agricultural shed on a nearby site to keep machinery and fix vehicles. The garage and the vehicle repair element are implemented by another individual whilst the machinery and the materials stored on site are in the ownership of the applicant. The planning application was approved contrary to the recommendation of the officers since they were of the opinion that businesses like these should not be located in the countryside but on specific and appropriate industrial estates. It is considered that the current business does not entirely relate to a rural industry dependent upon the land and therefore the proposal does not conform to the criteria of policies CH9 and C1.
5. Also, it is not considered that the evidence submitted justifies erecting a dwelling for the applicant since much of the evidence relates to the garage which is operated by another individual, meaning that it does not meet the requirements of the functional test (paragraph 4.8.1) of TAN6, nor does it conform to other TAN6 requirements as explained in paragraphs 4.3 (rural enterprises dwellings) and 46 (new dwellings on new enterprises) for instance.
6. The site is located within an area designated as a wild life site. Although work and developments have taken place on this specific site, causing the land not to be of completely natural appearance, it is part of a larger site that has not been developed and is designated as a wildlife site, meaning that developments are likely to impair the appearance of the site and have an adverse affect on such designated sites, which is contrary to the requirements of policy B17.
7. The applicant states that the proposal conforms to the relevant policies of the Unitary Development Plan and TAN6 requirements, but it is considered that the development misinterprets the intention of the policies and guidelines relating specifically to erecting a rural enterprise dwelling, since it is not considered that the established business in its entirety is dependent upon work connected to agriculture, or rural enterprises, but rather consists of occasional elements of this type of work.
Site safety: 8. It is noted in the applicant’s statement that site safety and protection of machinery and valuable materials is crucial. Although incidences of theft and vandalism have occurred in the past, it is not considered that erecting a dwelling nearby the site would ensure more safety and is not a basis to justify deviating from the adopted policies. It is suggested that appropriate measures should be taken i.e. the erection of a security fence/installation of CCTV to safeguard the site, machinery and materials located there.
Conclusions:
It is considered that it is the wish of the applicant to erect a dwelling for himself and his family on the site but that there is insufficient clear justification for erecting a dwelling in the open countryside and outside adopted development boundaries. It is not considered that the application as it stands meets the requirements for rural enterprises as defined in TAN6 since the business in its entirety is not connected to rural enterprise, therefore adopted local and national policies and guidelines regarding erecting new dwellings in the countryside should not be deviated from.
Recommendation
To refuse the application since it is considered that the evidence submitted is not sufficient to justify erecting a rural enterprise dwelling, making the proposal contrary to policy CH9 of the Gwynedd Unitary Development Plan and the requirements of Technical Advice Note 6.
Number : 8
Application Number: C10A/0510/15/R3 Date Registered: 01/10/2010 Application Type: Rheol 3 Community: Llanberis Ward: Llanberis
Proposal: CREATE A WOODEN FOOTPATH / CYCLE TRACK AS AN EXTENSION TO LÔN LAS PERIS CYCLE TRACK Location: PLOT OF LAND NEAR ELECTRIC MOUNTAIN , PARC PADARN , LLANBERIS , CAERNARFON , LL55 4TY
Summary of the TO APPROVE WITH CONDITIONS Recommendation:
Description:
A full application to create a permanent footpath / cycling track on land adjacent to Llyn Padarn. The proposal involves installing a permanent wooden path as an extension to an existing path, and to form a permanent link between current entry points to the land. The condition of the land is marshy and wet in places and a small river flows past the site’s boundary. The length of the new path will be approximately 100 metres and will be raised from the ground, whilst a new timber bridge will replace the existing deficient bridge where the existing path will link with the new path. The proposed path mainly runs adjacent to the boundary of the site, with a wire fence and an established vegetation of trees and hedges alongside it.
Relevant Policies: Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that decisions should be in accordance with the Development Plan, unless material considerations dictate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.
Gwynedd Unitary Development Plan 2009:
Policy B23 – amenities Safeguard the amenities of the local neighbourhood by ensuring that proposals must conform to a series of criteria aiming to safeguard the recognised features and amenities of the local area.
Policy B10 – Protecting and enhancing landscape conservation areas – Protecting and enhancing Landscape Conservation Areas by ensuring that proposals conform with a series of criteria aimed at avoiding significant damage to recognised features.
Policy CH22 – cycling network, footpaths and rights of way All parts of the cycling network, footpaths and rights of way will be protected by encouraging proposals to incorporate them satisfactorily within the development and by refusing proposals which will prohibit plans to extend the cycling network, footpaths or rights of way. If this is not possible, appropriate provision will have to be made to divert the route or to provide a new and acceptable route.
Policy 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.
National Policies:
Planning Policy Wales (version 3, 2010).
Chapter 3 – determining planning decisions and enforcing them
Chapter 8 transport
Technical Advice Note 12: Design
Relevant Planning History:
The site has no relevant planning history.
Consultations:
Community/Town Council: Not received
Transportation Unit: No objection
Environment Agency: No objection but offer observations as the land is contained within a flooding zone.
Biodiversity Unit: Observations regarding the condition of the land and the biodiversity value of the area, no objection to the proposal.
Access Officer: Observations conveying concern regarding the open use and the effect on disabled users, the gradient of the path and lack of hand rail
Public Consultation: The application was advertised by means of a public notice on the site. No observation was received regarding the proposal, and the consultation period ended on 29 October.
Additional Information:
The application is submitted to committee since the applicant is the authority’s transportation unit, therefore the application cannot be dealt with under the delegated procedure.
In accordance with relevant legislation, a design and access statement was submitted which explained how consideration was given to issues involving character, movement, environmental sustainability, community safety and access. The statement has been given due weight and consideration in the determination of the application.
Material Planning Considerations:
The main considerations in determining this planning application are visual impact, accessibility and the impact on flooding.
1. Policy context and principle of development – the main policies to be considered in relation to this application are policies CH22 and CH30. Policy CH22 refers to the cycling network, footpaths and rights of way and the need to safeguard them. This proposal involves creating a permanent path across a plot of land that is marshy and wet, that would secure a clear entry for bikers, walkers and disabled users. Following discussions with the Access Officer and the Environment Agency regarding concerns about some aspects of the proposal (height from the ground, the width of the path, a suitable hand rail), the application was amended, and consequently, it is considered that the application meets the requirements of policies CH22 and CH30, namely access for everyone.
2. Location and the impact on the amenities of the landscape conservation area – the proposed path is an extension to an existing path, and is mainly situated so that is runs adjacent to the current boundary of trees and fencing. The path would be constructed of oak wood, with an anti slip finish. It is not considered that this proposal will have a detrimental impact on the amenities of the area, particularly the landscape conservation area, and it therefore conforms with the requirements of policies B23 and B10.
Conclusions:
Based on the above, it is considered that this application to create a permanent wooden path is acceptable, and is not contrary to the policies noted above.
Recommendation
To approve subject to conditions relating to time, the development to comply with the approved plans.
Number : 9
Application Number: C10A/0511/11/R3 Date Registered: 01/10/2010 Application Type: Regulation 3 Community: Bangor Ward: Glyder
Proposal: CREATION OF FOOTPATH AND CYCLE TRACK Location: YSGOL FRIARS , LON Y BRYN , BANGOR , LL572BJ
Summary of the TO APPROVE WITH CONDITIONS . Recommendation:
Description:
A full application to create a permanent footpath / cycle track on the land of Ysgol Friars, Bangor. The total length of the footpath would be approximately 560 metres and would mainly run along the existing boundaries of the School land. The width of the footpath would mainly be 3 metres across, with one part on land designated as a site of special scientific interest reducing to 1.8 metres. The fence would be erected along the boundary which abuts the school land, whilst gates and crossing areas will be placed in appropriate sites.
The footpath will be faced with tarmac mainly with the exception of the part which crosses the site of special scientific interest which will be faced with slate dust.
The existing public footpath crosses the school land and this proposal means that this route will be deviated.
Relevant Policies: Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that decisions should be made in accordance with the Development Plan, unless material planning considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.
Gwynedd Unitary Development Plan 2009:
Policy B23 – amenities Safeguard the amenities of the local neighbourhood by ensuring that proposals must conform to a series of criteria aiming to safeguard the recognised features and amenities of the local area.
Policy B16 – Protecting nature conservation sites of national significance Refuse proposals which are likely to cause significant damage to nature conservation sites of national significance unless they conform to a series of criteria aimed at protecting, enhancing and managing recognised features within the sites.
Policy CH22 – cycling network, footpaths and rights of way All parts of the cycling network, footpaths and rights of way will be protected by encouraging proposals to incorporate them satisfactorily within the development and by refusing proposals which will prohibit plans to extend the cycling network, footpaths or rights of way. If this is not possible, appropriate provision will have to be made to divert the route or to provide a new and acceptable route.
Policy 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.
National Policies:
Planning Policy Wales (version 3 2010).
Chapter 3 – determining planning decisions and enforcing them
Chapter 8 transport
Technical Advice Note 12: Design
Relevant Planning History:
This part of the extended school site has no relevant planning history.
Consultations:
Community/Town Council: No objection.
Transportation Unit: No observations.
Environment Agency: Not received
Welsh Water: Not received
Countryside Council: No objection following amending the size of the footpath through the protected area.
Biodiversity Unit: Not received
Access Officer: Not received
Public Consultation: The application was advertised by placing three public notices on different accesses to the site and consultation letters were sent to nearby neighbours. Six letters of objection were received referring to the following concerns:
• Detrimental impact on local species and wet coppices • Tree felling • Impact on nearby houses • The length of the proposed footpath and its proximity to houses • Wet land and surface water • Lack of light • Inappropriate fence • Safety for users • Impact of surface water on nearby houses
The consultation period ended on 3 November. Additional Information: The application is submitted to committee since it is made by the authority’s rights of way section, therefore such an application cannot be dealt with under the delegated procedure. No Design and Access Statement has been submitted as it is an application for engineering work which is exempt from the type of applications which require a design and access statement according to relevant legislation.
Material Planning Considerations:
1. Policy context and principle of development – the relevant policies to be considered in relation to this application are policies CH22, CH30 and B16. Policy CH22 refers to the cycling network, footpaths and rights of way and the need to safeguard them. This proposal would involve deviating the existing public footpath but would create a purposeful footpath and defined continuation for walkers and cyclists with a firm and smooth surface to the path itself. It will ensure that permanent access is available which complies with the requirements of policy CH22 and it would be accessible for all fulfilling the requirements of policy CH30, access for all. Part of the proposed path affects part of a site of special scientific interest (SSSI). The applicant has discussed the proposal with the Countryside Council for Wales prior to submitting the application and has agreed to reduce the width of the path at this point and to finish it with a more appropriate material. Discussions have been held with the authority’s biodiversity unit regarding the proposal to create a footpath through the coppice. Its setting, finish and size have been agreed upon following these discussions and, in addition, a proposal has been made to plant additional trees on a nearby site in order to alleviate any impact of the footpath running through this coppice. The application is supported by the Countryside Council and the Biodiversity Unit and, therefore, it is considered that the proposal satisfies the requirement of policy B16.
2. Location and impact on the amenities of neighbouring residents – concerns have been raised by local residents regarding the impact of the proposed development. The proposal involves deviating the existing footpath and creating a permanent and defined footpath on the site. Schools have rights to close public footpaths which cross their sites on grounds of health and safety under relevant legislation, therefore, this proposal ensures that there would be unobstructed access to the footpath along the site at any time. The problem of water accumulating on one part of the site and within the coppice has been considered and firm steps have been taken by offering landscaping on part of the site and creating a broader sub surface on the part through the coppice to ensure that the surface water problems would not be exacerbated and maintain the surface of the footpath. The fence erected will ensure that there is a definite boundary to the footpath and the school land, which ensures use as referred to already and the safety of the site. It is considered that appropriate and reasonable steps have been taken to safeguard the amenities of neighbouring residents whilst also maintaining access and right of way across the site. Therefore, the proposal complies with the requirements of policy B23 which deals with amenities.
Conclusions: Bearing the above in mind, and having given full consideration to all the relevant planning matters, including letters of objection, this proposal to create a permanent footpath and cycle track is acceptable on grounds of site, setting, materials and is, therefore, in accordance with local and national policies and guidelines.
Recommendation
To approve subject to conditions relating to time, comply with plans submitted, landscaping.
Number : 10
Application Number: C10A/0519/15/LL Date Registered: 06/10/2010 Application Type: Full Planning Community: Llanberis Ward: Llanberis
Proposal: RETROSPECTIVE APPLICATION FOR ADAPTING AND EXTENDING THE INDUSTRIAL UNIT. Location: D M M INTERNATIONAL LTD , Y GLYN , LLANBERIS , CAERNARFON , LL554EL
Summary of the TO APPROVE WITH CONDITIONS . Recommendation:
Description:
This is a retrospective application involving an extension to an established factory. The site is located in the area of Y Glyn which is on the outskirts of the village of Llanberis with industrial/commercial units and residential houses also present in the area.
The location of the extension is on the north western part of the site, which is partly concealed behind the main building of the site, with established growth of trees surrounding it and steep land along the western boundary which abuts the A4086 highway towards Llanberis. The site is located within an area designated as a landscape conservation area. The extension replaces a previous extension which was smaller in size and in a poor state of repair and was impractical for extending the business of the company.
The building is constructed with a steel frame and finished with iron sheets of a dark grey colour, four escape doors have been included and roller shutter doors as access in and out of the building, whilst internal opening will allow movement within the main building. The first floor will be created within the internal space of the building.
Relevant Policies: Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that decisions should be made in accordance with the Development Plan, unless material planning considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.
Gwynedd Unitary Development Plan 2009:
Policy B10 – Protecting and enhancing landscape conservation areas – Protecting and enhancing Landscape Conservation Areas by ensuring that proposals conform with a series of criteria aimed at avoiding significant damage to recognised features.
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 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 CH33 – Safety on roads and streets Development proposals will be approved if they comply with specific criteria involving the vehicular access, the quality of the existing roads and traffic calming measures.
Policy D8 – Expansion of existing enterprises Proposals to extend/expand/intensify industrial enterprises and existing businesses or other enterprises will be approved if they conform with specific criteria regarding the appropriateness of the existing use in relation to the surrounding area and adjacent uses and how relevant it is to the existing work.
National Policies:
Planning Policy Wales (version 3 2010).
Technical Advice Note 12: Design
Relevant Planning History:
The site has no relevant planning history.
Consultations:
Community/Town Council: Not received
Transportation Unit: Observations regarding ensuring that a new retaining wall which abuts the land adjoining the adjacent highway is adequate.
Environment Agency: Not received
Welsh Water: Standard conditions regarding drainage, surface water and sewerage.
Environmental Health Section: Not received
Public Consultation: The application was advertised by placing two notices on various parts of the site. No observation was received regarding the proposal, and the consultation period ended on 3 November 2010.
Additional Information:
The application is submitted to the planning committee as it involves an industrial development which intends to create a new surface area which is more than 500 square metres. In accordance with the requirements of relevant legislation, a design and access statement was submitted with the application which explained how consideration was given to issues involving character, movement, environmental sustainability, community safety and access. The statement has been given due weight and consideration in the determination of the application.
Material Planning Considerations:
1. Policy context and principle of development – the main policies to be considered in relation to this application are policies D8 and C3. Policy C3 refers to reusing previously used sites and D8 refers to extending existing enterprises. The extension site is on a plot where a previous extension existed and the addition would facilitate and extend the existing workspace as well as providing a storage site on the first floor. The factory is an established business and employs several local residents. It is considered that the principle of the development is acceptable despite having been implemented partly by erecting the shell of the extension without permission and that it complies with policies C3 and D8.
2. Location, design and visual amenities – the site is an established industrial site and the proposed extension, in terms of construction and appearance, appears to be suitable and appropriate within such a site. Therefore, the proposal complies with the requirements of policy B22 which relates to building design and policy B25 which refers to suitable building use. There are no buildings adjacent to this part of the site and, therefore, there is no detrimental impact on the amenities of residents. The site is surrounded by mature trees with land rising along the western side of the site which means that the extension is only partly visible to all intents and purposes, and is screened in the most part by the main building on the site. It is not considered that there would be a detrimental impact on the amenities of the area or the landscape conservation area, therefore, it is considered that it complies with policies B10 and B23 which involve amenities and landscape conservation areas.
3. Access and parking – there is established vehicular access to the site with wide spaces for parking for visitors and workers on the site. It is not considered that there would be a detrimental impact on highways issues, which is in accordance with policy CH33 involving safety on streets.
Conclusions:
Bearing the above in mind and having given full consideration to all the relevant matters, this retrospective application is considered to be acceptable as it is on an established industrial site and it would not have a detrimental impact on the amenities of the area which is also a designated landscape conservation area.
Recommendation
To approve subject to conditions relating to complying with plans submitted, water and suitable drainage.
Number : 11
Application Number: C10A/0522/22/R3 Date Registered: 08/10/2010 Application Type: Regulation 3 Community: Llanllyfni Ward: Penygroes
Proposal: ERECTION OF FENCE ALONG THE SOUTHERN BOUNDARY OF THE SITE Location: YSGOL BRO LLEU , KING ’S ROAD , PENYGROES , CAERNARFON , GWYNEDD LL54 6RL
Summary TO APPROVE WITH CONDITIONS TO ENSURE AN ORDERLY of the Recommendation: DEVELOPMENT OF THE SITE IN ACCORDANCE WITH THE PLANS SUBMITTED AS PART OF THE APPLICATION AND THE FENCE TO BE COLOURED GREEN
Description:
The proposal here is to erect a safety fence up to 2m in height along part of the southern boundary of the School (which measures approximately 58m long), with the B4418 highway towards Talysarn. Sections of the proposed fence also abut the dwellings known as 100, 102 and 104, County Road, Penygroes. An original stone wall measuring approximately 1.5m high already exists on the boundary and the fence is located immediately behind the wall that is to be retained.
This mesh panel type safety fence has already been used within the School site. The fence has been designed specifically to create a definite, safe and non intrusive appearing boundary.
Relevant Policies: Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that decisions should be made in accordance with the Development Plan, unless material planning considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.
Gwynedd Unitary Development Plan 2009:
Policy B23 – AMENITIES Safeguard the amenities of the local neighbourhood by ensuring that proposals must conform to a series of criteria aiming to safeguard the recognised features and amenities of the local area.
Policy B25 – BUILDING MATERIALS Safeguard the visual character by ensuring that the building materials are of high standard and in keeping with the character and appearance of the local area.
Policy 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.
National Policies:
TAN 12 Design
Relevant Planning History:
C05A/0411/22/R3 – Fence – Development included under permitted development rights 06.07.2005.
Consultations:
Community/Town Council: Not received
Transportation Unit: No objection
Public Consultation: A notice was placed on the site and neighbouring residents were informed. The advertising period will end on 6 November and no letter of objection has been received.
Additional Information:
It is not considered that a Design and Access Statement needs to be submitted with this planning application as erecting the fence is engineering work.
Material Planning Considerations:
I consider that the following planning issues are relevant when assessing this application:
Amenities 1. I consider that this proposal of erecting a safety fence does not have a detrimental impact on the visual amenities of the area or on the private residential amenities of any nearby property because of the nature of the design and colour of the proposed fence and also because the fence will protect the school land and private land of the nearby property. I am of the opinion that the proposal complies with the requirements of policy B23 of the Gwynedd Unitary Development Plan that relates to amenities.
Materials 2. The fence is manufactured from mesh panels that will be coloured green to match the nearby landscape. I am of the view that this is suitable to the site and therefore conforms to the requirements of policy B25 of the Gwynedd Unitary Development Plan that relates to building materials.
Landscaping Plans 3. I am of the view that the design, colour or material of the fence as described above will cause a detrimental impact in the area, therefore, I am not of the opinion that a landscaping plan is suitable in this case. Therefore, the proposal complies with the requirements of policy B27 of the Gwynedd Unitary Development Plan that relates to landscaping plans.
Conclusions:
Following the above mentioned assessment and after considering all appropriate planning issues, along with the above mentioned relevant planning policies; I conclude that the proposal to erect a safety fence measuring up to 2m high along the southern boundary of the School on the side of a public road is acceptable in terms of its scale, design and visual impact, along with any impact on the amenities of the area or any nearby property; therefore, it complies with planning policies within the Gwynedd Unitary Development Plan.
Recommendation: To approve with conditions to ensure an orderly development of the site in accordance with the plans submitted as part of the application and that the fence is to be coloured green.
Number : 12
Application No: C10A/0536/14/R3 Date Registered: 18/10/2010 Application Type : Rheol 3/Regulation 3 Community: Caernarfon Ward: Menai (Caernarfon)
Proposal: RETENTION OF TEMPORARY BUILDING , EXTENSION TO CREATE ADDITIONAL CLASSROOM AND IMPROVEMENTS TO THE EXTERNAL APPEARANCE OF THE BUILDING Location: YSGOL SYR HUGH OWEN , FFORDD BETHEL / BETHEL ROAD , CAERNARFON , LL551HW
Summary of Recommendation: APPROVE SUBJECT TO CONDITIONS
Description:
This is a Regulation 3 application submitted on behalf of the Director of Education by Gwynedd Consultancy Services for the retention of the existing building (approved in July, 2007 on a temporary basis), extending the building in order to create an additional classroom together with upgrading and improving the external appearance of the building. The proposal will also involve the felling of a of a silver birch tree which is located in amongst the existing buildings.
External improvements include a sedum planted roof, cedar self finished boarding fascias, rendered panelled walls, red facing brickwork plinths and white coloured pvcu fenestration and doors.
Internally the proposal will involve the creation of a new hairdressing classroom, toilet facility, storeroom and a plant room. The new extension will have an internal floorspace of 87 square metres. Access to the building is from the internal school courtyard via an existing ramp and new steps.
Relevant policies
Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning policy Wales emphasise that decisions should be in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National policy and the Unitary Development Plan.
Gwynedd Unitary Development Plan:
Policy B22 – Building Design - Promote the design of good buildings by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features and character of the local landscape and environment.
Policy B23 – Amenities Safeguard the amenities of the local area by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features and amenities of the local area.
Policy B24 Alterations And Building Extensions Within Development Boundaries, Rural Villages And The Countryside Ensure that proposals for adaptations or extensions to buildings conform to a series of criteria aimed at protecting the character and amenity value of the local area. Policy B25 – Building Materials Safeguard the visual character by ensuring that the building materials are of high standard and in keeping with the character and appearance of the local area.
Policy CH37 Educational, Health And Community Services Development proposals for new facilities associated with education, health and the community or extensions to existing facilities will be approved provided they conform with a series of criteria regarding the location of the proposal, its accessibility using different modes of travel, together with highway issues, the design of any new school and the effect on a specific town centre.
National Planning Policies:
TAN “12” on Design (June, 2009) and TAN 22 on “Planning for Sustainable Buildings (May, 2009).
Relevant Planning History:
Application ref no. C07A/0424/14/R3 – Temporary permission given in July, 2007 for the siting of temporary classrooms.
Application ref no. C07A/0194/14/R3 Siting of 4 mobile classrooms and 2 storage containers approved in May, 2007 for a period of 2 years.
Consultations:
Community/Town Council: Not recieved
Transportation Unit: Not recieved
Environment Agency: Not recieved
Welsh Water: Not recieved
Environmental Health Not recieved Section:
Pubic Consultation: This application was advertised by means of a site notice and neighbourhood notification letters and at the time of writing this report no replies had been received. The consultation period expired on 14 th November, 2010.
Additional Information:
As per the requirements of TAN 12 on “Design” the applicant has submitted a design and access statement referring to the 5 main design principles of environmental sustainability, movement, character, community safety and accessibility. It is considered that the contents of the statement is proportionate note to the development in question.
Relevant Planning Considerations:
1. Residential amenities – the building in question is located on the north western corner of the school site adjoining the school playing fields and established residential properties located along Lon Ysgubor Wen and within the cul de sac known as Yr Hwylfa. Given that the building is already “part and parcel” of the school curtilage and that the proposed extension will be no nearer to residential properties than the existing school buildings it is considered that any impact on the residential amenities of neighbouring properties will be minimal if not negligible and, as such, the proposal is considered to comply with the requirements of Policy B23 (safeguarding amenities of a local area) of the Gwynedd Unitary Development.
2. Visual amenities – the current appearance of the building is that of a temporary and bland nature with a grey fibreglass roof and walls of light grey coated steel panels. The concept behind the submission of this application is to upgrade the existing building to conform with current day standards and in particular thermal standards. The improved appearance of the existing building has been governed by principles of sustainability which will include the fabrication of new wall panels, the height of the extension has been minimised in order to reduce its massing, the use of a more natural roof covering (sedum planting) and the siting of column framing around the building as support for the overhang which forms part of the new roof covering.
3. All of these new features will improve the physical appearance of the building whilst at the same time improving teaching facilities within the building/extension itself.
4. It should also be noted that, due to the location of the building in relation to public vantage points, it is relatively well screened in relation to the existing larger and taller school buildings.
5. Sustainability – as indicated above the proposal has been geared to meet current BREEAM standards of sustainability as advocated by planning policies contained in the Gwynedd Unitary Development Plan and guidance given in the Welsh Assembly Government’s documents TAN 12 on “Design” and TAN 22 on “Planning for Sustainable Buildings”.
6. The proposal involves various aspects of sustainability including the use of straw as insulation for the walls and sedum for the roof (both being sustainable materials), a reduction in surface water run off in the form of attenuation measures, waste recycling management system (currently operated by the school), climate resilience (e.g. use of sedum for the roof), low energy light fittings and sun pipe installations on the roof. The proposal is, therefore, in compliance with Policy B22 (building design), B24 (alterations and extensions) and B25 (building materials) of the Gwynedd Unitary Development Plan.
7. Educational, health and community facilities – Policy CH37 of the Gwynedd Unitary Development Plan promotes development proposals for new facilities associated with education, health and the community or extensions to existing facilities provided they conform to various criteria relating to location, accessibility, highway issues, design issues and effect on a specific town centre. Given the matters raised in the above assessments it is considered that the proposal complies with the aforementioned policy in terms of location, design and accessibility. The proposal will have no effect on either the town centre for Caernarfon nor on issues of highway safety.
Conclusions:
Having regard to the issues raised above it is considered that the proposal as submitted is in accord with the relevant planning policies and with the advice and guidance given by the Welsh Assembly Government. The proposal is, therefore, considered acceptable in terms of location, scale, design, materials and use.
Recommendation:
Approve subject to conditions relating to commencement of work and in accordance with the submitted drawings and details.