PWYLLGOR CYNLLUNIO DYDDIAD: 16/06/2014 SIAMBR DAFYDD ORWIG PLANNING COMMITTEE DATE: COUNCIL CHAMBER CAERNARFON

EITEM CAIS RHIF CYMUNED LLEOLIAD ITEM APPLICATION COMMUNITY LOCATION NUMBER

1 C13/0036/13/AM Bethesda Austin Taylor Communications Ltd, High Street,

Bethesda

2 C13/0403/39/LL Llanengan Gwesty White House Hotel, Abersoch

3 C13/0920/17/LL Llandwrog Parc Llanfair, Dinas Dinlle Caernarfon

4 C14/0002/16/LL Llandygai Ysgubor y Gelli, Lon y Wern, Tregarth, Bangor

5 C14/0100/23/LL Llanrug 7, Minffordd Estate, Llanrug

6 C14/0106/20/LL Y Felinheli 27, Brynffynnon, Y Felinheli

7 C14/0210/41/AM Llanystumdwy Cyn safle/Site of former Afon Wen Laundry,

Afonwen, Pwllheli

8 C14/0304/38/LL Llanbedrog Crugan Holiday Park, Llanbedrog

9 C14/0306/39/LL Llanengan Haulfryn Talyfan, Abersoch

10 C13/0786/32/MW Botwnnog Nanhoron Granite Quarry PWYLLGOR CYNLLUNIO DYDDIAD: 16/06/14 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD CAERNARFON

REPORT TO THE PLANNING COMMITTEE REFER TO A COOLING OFF PERIOD

DATE OF THE 16 June, 2014 PLANNING COMMITTEE:

DESCRIPTION AND Application Number C13/0036/13/AM – outline application LOCATION OF to demolish the existing buildings and erect 37 dwellings APPLICATION: and create an estate road on the Austin Taylor site, Bethesda. REPORT BY: Senior Planning and Environment Service Manager

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

1. PURPOSE

1.1 This outline application was reported to the Planning Committee on 28.04.14 and the Committee’s intention was to refuse the application contrary to the recommendation based on lack of local need for housing, no specific statistics submitted relating to the local need, the site had not been for sale for a sufficient period of time to justify the loss of an industrial site and the detrimental impact on the Welsh language. Because, in the view of the Head of Regulatory Department, the decision represented a significant risk to the Council, the matter was referred to a cooling off period in line with the Committee’s standing orders. The purpose of reporting back to the Committee is to highlight the planning policy issues, the possible risks and the possible options for the Committee before it reaches a final decision on the application.

2 DESCRIPTION

2.1 This is an outline application to demolish a factory building and erect 37 residential units (including seven affordable units) and confirm the details of the access. The recommendation is to delegate the right to approve subject to the applicant signing a Section 106 agreement for the provision of an element of affordable housing.

2.2 The application site is located within the Bethesda development boundary and has not been designated for housing. The site measures 1.59 hectares and comprises a substantial former factory on a fairly flat plot. The site is situated below the A5 trunk road and Caseg river runs directly past the site. The majority of the site that forms part of this application is situated within a C2 flooding zone.

2.3 The application was submitted to Committee on 28.04.14 with the officers’ recommendation to delegate the right to the Senior Planning Manager to recommend the Welsh Ministers to approve subject to the applicant signing a Section 106 legal agreement for the provision of an element of affordable housing as it was considered, based on the evidence, that the application was acceptable PWYLLGOR CYNLLUNIO DYDDIAD: 16/06/14 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD CAERNARFON

and complies with local and national planning policies. A copy of the report and the plans submitted to the Planning Committee on 28.04.14 is attached in Appendix 1, which further explains the background of the application.

3 POLICY CONTEXT

Planning Policy Wales (Version 6, February 2014) and Technical Advice Note.

3.1 Before reaching a decision on this application, it will be necessary to consider National Planning Policy which is a material planning consideration in making decisions on planning applications. It provides a policy framework for Local Planning Authorities, so that they can prepare effective development plans. The Welsh Ministers and Planning Inspectors will consider these in determining planning applications that are called in, and also on appeal.

3.2 Chapter 7 on ‘Economic Development’ states that the planning system should help the economy and employment to grow and to support social and environmental sustainability in the context of sustainable development. Therefore it is important to ensure that the lack of economic land does not hinder the growth in output and employment in the area. It states that local planning authorities should seek to provide the land required by the market.

3.3 Chapter 9 on ‘Housing’ states that previously developed land should be used rather than using Greenfield sites and that local planning authorities should promote sustainable residential environments and avoid creating large areas of housing of uniform character and make appropriate provision for affordable housing. The chapter also states that new housing developments should be well integrated and connected to the existing pattern of settlements. It states that affordable housing makes an essential contribution to community regeneration and social inclusion.

3.4 Planning Policy Wales is endorsed by a series of Technical Advice Notes (TANs). TAN 23 on ‘Economic Development’ ensures that social, environmental and economic considerations are considered. Paragraph 4.6.9 of the TAN notes that “existing employment sites should only be released for other uses if one or more of the following apply:

 They have poor prospects of being re-occupied for their previous use; The particular market that the site is part of is oversupplied; The existing employment use has unacceptable adverse impacts on amenity or the environment; The proposed redevelopment does not compromise unduly neighbouring employment sites that are to be retained; Other priorities, such as housing need, override more narrowly focussed economic consideration; and / or Land of equal or better quality is made available elsewhere, even if this is not within the local planning authority boundary.

3.5 TAN 20 on “Planning and the Welsh Language” explains how the Welsh language should be taken into account when preparing development plans and when determining planning applications where the needs and interests of the Welsh language may be a material consideration. PWYLLGOR CYNLLUNIO DYDDIAD: 16/06/14 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD CAERNARFON

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

The Welsh Language

3.6 Policy A2 of the GUDP refers to protecting the social, linguistic and cultural fabric of communities. Members of the Planning Committee expressed concern in relation to the impact of the proposal on the Welsh language and the local community. The Supplementary Planning Guidance: Planning and the Welsh Language supports the policies of the adopted GUDP and its contents is a material planning consideration. The guidance states that it builds upon research that was commissioned in partnership with other planning authorities, the Assembly Government, the Welsh Language Board and the Home Builders Federation and the guidance is a way of supporting inclusive, bilingual and hardworking communities achieve one of the main themes of the Community Strategy for Gwynedd. The purpose of the guidance is to provide guidance on how the Planning Authority will deal with applications for developments that could affect the future of the Welsh language in communities.

3.7 The guidance states when planning applications should include a Community and Language Statement, and as a starting point the Planning Authority will request a Community and Language Statement as part of a planning application that includes a residential development of five or more residential units on a site / land that has not been designated for a housing development in a development plan. The guidance goes on to confirm that the statement will be part of the background work to asses planning applications and part of a number of other material factors that will be considered, and applications are not often decided based on the information in the Statement alone.

3.8 In this case, the applicant undertook a community and language assessment despite there only being a need for a community and language statement. This means that the information submitted by the applicant is more detailed than what is expected in this case. The information submitted by the applicant was assessed and the following points were noted by the Joint Planning Policy Unit:

 There is a wide range of facilities and services in Bethesda and it is considered that these are sufficient to support the growth in the population that would derive from the proposed development.

 It is noted that 73.7% of the population of the Gerlan ward speak Welsh compared with 69% in Gwynedd.

 The proposal offers a selection of different types of houses and it is proposed to meet local needs. The proposed selection should appeal to local residents from different backgrounds, especially young families.

 In using the formula and the information noted in the Supplementary Planning Guidance ‘Housing Developments and Educational Provision’ it is noted that the development would mean that the number of pupils in Ysgol Gynradd Abercaseg and Ysgol Gynradd Penybryn would continue to be lower than their capacity i.e. continue to be 57 vacant spaces in Ysgol Abercaseg and Ysgol Penybryn (based on the 2012 school figures). PWYLLGOR CYNLLUNIO DYDDIAD: 16/06/14 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD CAERNARFON

 It is noted that the percentage of migrants in the Gerlan ward has increased from 168 to 238 (+41.7%) between 1991 and 2001 in comparison with the increase in Gwynedd from 9521 to 14,046 (47.5%) (2011 Census Data not available). It is also noted that the percentage of the population born in Wales and who speak Welsh is relatively high (91% compared with 89.7%m in Gwynedd). In addition to this the percentage of Welsh speakers in the ward has increased 4.9% between 2001 and 2011.

 It is noted that the percentage of second homes / holiday homes is very low in the ward in Bethesda community council (1%) compared with the county percentage (8%) (November 2011). The possibility of these units being used for this purpose is very low.

 The 2011 Census figures show that 70% of the population between 16-64 years old (namely working age) in the Gerlan ward can speak Welsh which is considerably higher than the average for the County (62.5%). This means that it is very important to keep hold of this group in order to support the language in the area. Providing affordable housing is one way of doing this.

 The fact that the units offered are 2, 3 and 4 bedroom units along with the different types of houses show that it seeks to meet the broader needs within the Bethesda area. This will provide more choice for local people within the local housing market. The variety of units offered is likely to mean that the units are truly available to local people.

3.9 To conclude the assessment of the Joint Planning Policy Unit it is considered that the proposal is acceptable based on its impact on the local community and the Welsh language. This is due to the fact that the scale of the proposed development is not likely to cause significant growth in the population that would have a detrimental impact on the Welsh language in this area. Also, the mix of housing proposed makes the development attractive to the local population and especially to families who have children, and the proposal is likely to be beneficial to the Welsh language.

3.10 In the context of the above it is not considered that approving the proposal would lead to any accumulative impact as no site has been designated in Bethesda and no site for five or more houses has received planning permission thus far. However, any Community and Language Statement provided as part of further applications for five or more houses will be required to consider any accumulative impact in the context of any other sites in the area that have received planning permission (for five or more houses).

Housing within the development boundaries of the Unitary Development Plan

3.11 Policy C1 of the GUDP is a specific policy that supports applications for new development within the development boundaries of towns and villages and the developed form of rural villages. The policy promotes the concept of nurturing sustainable communities that is a central part of the GUDP and locating new developments within specified areas that have been defined within the GUDP as towns, villages and rural villages helps to achieve this. The site in question is located within the development boundary of Bethesda as noted in the GUDP.

3.12 Policy C3 of the GUDP gives priority to reusing previously developed land or buildings located within or around development boundaries, rather than using PWYLLGOR CYNLLUNIO DYDDIAD: 16/06/14 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD CAERNARFON

greenfield sites. The policy promotes the Local Planning Authority’s intention to ensure that the area’s development needs are met during the 15 year lifetime of the Plan in a way that encourages reusing previously developed land or buildings in order to protect valuable open land within the centres and villages and in the countryside. The policy also promotes reusing land that is suitable for redevelopment in order to contribute to improving the appearance of areas and to maintain investment and attract further investment. Proposals to develop on previously developed land or buildings will be considered against all of the other relevant planning policies of the GUDP.

3.13 Policy CH4 of the GUDP states that proposals to erect new houses on unallocated sites within the development boundaries of villages will be approved provided that all of the Plan’s relevant policies along with specific criteria including that a percentage of the units are affordable units, that the size of the building plan, design and materials of the affordable units are consistent with the specific need and that there are satisfactory arrangements available to restrict the occupancy of any affordable house on the site in the first instance and in perpetuity to those who can prove general local need for affordable housing.

3.14 This policy is a way of supporting local communities in accordance with the Plan’s strategy by facilitating a development that will contribute to creating mixed social communities and meeting the need for housing that cannot only be met through specific sites that have been designated in the GUDP. Bethesda is located within the Bangor Dependency Catchment Area and according to figures that were calculated when drawing up the GUDP there is a need for 1456 new houses in the Bangor Dependency Catchment Area within the period of the GUDP and it is expected that 359 of these will be on random sites such as this site. Therefore it must be emphasised that meeting the need for housing in the dependency catchment area is the consideration in terms of the matter of need when assessing this application and not a consideration of the specific local need in Bethesda alone. In accordance with the spatial strategy of the GUDP this housing development on a random site would contribute to meeting the need for housing in the Bangor Dependency Catchment Area. Bethesda has been defined as a village for the purpose of the GUDP and there are a restricted number of designated sites for housing on the general market. However, meeting all of the housing needs of the GUDP is dependent on suitable sites that become available at random within the development boundary along with sites that have been designated for housing.

3.15 The UDP shows that it is required to provide 1456 houses in the Bangor Dependency Catchment Area during 2001-2016. It is expected to provide 802 of these on designated sites and 652 of these on sites that become available at random (such as this site) and through commitments. The Joint Planning Policy Unit has confirmed that there is a deficit of approximately 150 houses provided on sites that become available at random and therefore that there is a specific need for developing this type of site within the Bangor Dependency Catchment Area.

3.16 In this case, the evidence clearly proves that the need for housing in the Bangor catchment area continues and that the purpose of the Plan to meet all the needs through designated sites and random sites has not yet been achieved. PWYLLGOR CYNLLUNIO DYDDIAD: 16/06/14 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD CAERNARFON

Land for industrial use

3.17 Polices D1 and D2 of the GUDP safeguards land and units on High Standard Employment Sites and Industrial Sites as noted on the proposals map. Although this application site includes an industrial unit it has not been protected for that use on the proposals map and therefore through the policies noted above. As the site has not been protected for employment use in the GUDP the site has not been considered for the Employment Land Study in relation to the Joint Local Development Plan. The outcome of this study showed that there was an excess of employment land in the area of the Plan. Consequently, the Joint Local Development Plan will not look at including more employment land to what is protected in the UDP.

3.18 A summary of the number of enquiries the Business Service (Economy and Community Department) has received for industrial space during the period 01.04.2013 – 13.05.2014 in the Bangor and Bethesda area states the following:

 Llandygai Industrial Estate (industrial units) - 16  Pantdreiniog Industrial Estate, Bethesda (industrial units) - 4  Intec Business Centre, Bangor (offices and laboratory space) - 13  Mentec Centre, Bangor (offices and laboratory space) - 5  Enquiries for land - 2

3.19 In addition to Council sites that are available in these locations, the Business Service provides a list of land / units that are privately available in the area in order to meet any industrial need that cannot be met by the Council’s units. This list for April 2014 includes various units and land available in the Llandygai Industrial Estate (including Gateway Park) and Bryn Cegin land that is located approximately 4 miles away.

3.20 The site’s valuation that was undertaken by the Council’s Property Unit confirmes that there is no longer a demand for this type of industrial site locally, and there is no market for renting the site in its current state. The period of time that this site and similar sites such as Ferodo in Caernarfon and the Gelert site in Porthmadog have been empty supports this opinion.

3.21 Therefore it is considered that there is no justification to retain or safeguard the industrial use for this site.

To summarise:

3.22 In the context of the above and based on the information and the evidence submitted with the application it is believed that the proposal is acceptable and that the application complies with local and national planning policies.

3.23 Members should have strong reasons and evidence to reverse the officers’ recommendation on an application that corresponds with the Unitary Development Plan and the Welsh Government’s specified planning policies. In this particular case it is not believed that there are sufficient reasons and evidence to support the reasons to refuse given by the Planning Committee to reverse the officers’ recommendation. PWYLLGOR CYNLLUNIO DYDDIAD: 16/06/14 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD CAERNARFON

4. RISKS TO THE COUNCIL OF REFUSING THE APPLICATION

4.1 As has been outlined in the assessment noted above, refusing the application would undermine the policies at a local and national level and would undermine the role of the Local Planning Authority to approve suitable opportunities to meet the need for 5024 houses in Gwynedd with 1456 of these in the Bangor Dependency Catchment Area during the period of this Plan (2001-2016).

4.2 Refusing the application would create inconsistency in terms of the implementation of planning policies on previous decisions on applications in terms of using sites within the development boundaries of villages as suitable sites to be developed for housing in the GUDP.

4.3 The risk of refusing the application without strong evidence introduces the risk that an appeal will be submitted to the Planning Inspectorate, with the likelihood that the appeal would be approved. This would also incur the risk of substantial financial costs against the Council for refusing an application without evidence. There are previous cases (e.g. Wern Manor, Treflys, Pentrefelin, Ocean Heights, Chwilog) where applications were refused contrary to officers’ recommendation and without sufficient evidence to support such decisions, where the following appeals were approved with costs against the Council. In this particular case, the agent has already stated that they would go to appeal by requesting a hearing or a public inquiry, and would apply to the Planning Inspectorate for costs.

4.4 It is believed that there is no evidence to justify refusing the application on the grounds of lack of local need for housing, no specific statistics submitted relating to the local need, that the site has not been for sale for a sufficient period of time to justify the loss of an industrial site and the detrimental impact on the Welsh language. It is believed that the evidence proves that the application complies with the Unitary Development Plan and the relevant national planning policies. The applicant could use this information and evidence to support his case against the Council in an appeal, as has happened with other applications. The applicant could also use the evidence to try to claim costs against the Council as part of the appeal process.

4.5 In this case the Welsh Government Circular: 07/12: Town and Country Planning (Notification) (Wales) Direction 2012 states that any proposals for 10 dwellings or more where the whole site is located within a C2 flooding zone should be referred for consideration to the Welsh Ministers. It is considered that the above requirement is relevant to this application as at least 85% of the site is within a C2 flooding zone. To this end, the Planning Committee would only recommend approving the application to the Welsh Ministers, and therefore the Welsh Ministers will assess the proposal’s benefits in order to make the final decision.

5. OPTIONS TO THE COMMITTEE

5.1 The options available to the Committee in determining the application include the following, where the level of risk to the Council is also identified. PWYLLGOR CYNLLUNIO DYDDIAD: 16/06/14 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD CAERNARFON

1. To refuse based on any one or a combination of the reasons noted below: a) No local need for housing. Refusing the proposal based on this would be contrary to the requirements of policy CH4 of the GUDP and would create a significant risk to the Council as there is no evidence to support the reason to refuse. As there is no evidence to support the reason there would be a substantial risk of costs against the Council as a result of an appeal against the refusal. Also, the decision would undermine the strategy and policies of the GUDP in relation to meeting the need for housing in the area of the GUDP and creating basic inconsistency in the implementation of the planning policies adopted by the Council. b) Impact on the Welsh language. Refusing the application on this basis without evidence would create a substantial risk to the Council that would include a risk of costs against the Council as a result of an appeal against the refusal. The applicant/agent has provided the relevant information to prove that there would be no substantial impact on the Welsh language. This information has been assessed by the Council’s Joint Planning Policy Unit and the unit agrees with the conclusion in terms of impact. c) No justification for losing an industrial site. Refusing the application on this basis without evidence would create a substantial risk to the Council that would include a risk of costs against the Council as a result of an appeal against the refusal. This element of the proposal is not contrary to any policy in the GUDP and work has already been undertaken to protect industrial sites that are suitable and sufficient to meet the County’s long-terms needs. Therefore there is no strong evidence to support this reason to refuse.

5.2 Therefore it must the acknowledged that there are substantial risks associated with refusing the application and there are financial risks associated with each of the reasons to refuse noted above. The financial risk increases if the application is refused for more than one of the reasons noted above, and the possibility of costs of tens of thousands of pounds for the Council if a decision is made to refuse for the three reasons above.

5.3 In order to ensure that the Council avoids the above risks, and since the application based on the evidence complies with the Unitary Development Plan and national planning policies, the recommendation is:

To delegate the right to the Senior Planning Manager to recommend the Welsh Ministers to approve subject to the applicant signing a Section 106 legal agreement for the provision of an element of affordable housing and planning condition relating to:-

1. Time 2. Time (three years reserved matters) 3. Reserved matters to be submitted 4. Slates on the roof 5. Agree on external materials 6. Sustainable homes code 7. Parking areas 8. A buffer area must be provided in accordance with the ecological report 9. Landscaping Scheme 10. Welsh Water conditions 11. The finished floor levels to be agreed with the LPA PWYLLGOR CYNLLUNIO DYDDIAD: 16/06/14 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD CAERNARFON

12. The flooding swale to be maintained so that it works effectively. 13. The access details between the site and the highways to be agreed prior to commencement of the work and no property to be occupied until the work on the access has been completed. 14. A safety inspection to be provided and agree on any safety measures with the Council's transportation unit. 15. Size of the estate road 16. It must be ensured that surface water will be prevented from running from the site curtilage to the highway. 17. No vegetation/plants to be cleared from the site during the nesting season. 18. Removal of permitted delegated rights from the affordable units 19. Boundaries 20. Complete the development in accordance with the ecological report.

6. APPENDIX

Appendix 1 – A copy of the report that was submitted to the Planning Committee on 28.04.14. PWYLLGOR CYNLLUNIO DYDDIAD: 16/06/14 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD CAERNARFON

APPENDIX 1 PWYLLGOR CYNLLUNIO DYDDIAD: 16/06/14 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD CAERNARFON

Application Number: C13/0036/13/AM Date Registered: 20/02/2013 Application Type: Outline Community: Bethesda Ward: Gerlan

Proposal: OUTLINE APPLICATION TO DEMOLISH EXISTING BUILDINGS AND ERECT 37 DWELLINGS AND CREATE ESTATE ROAD Location: AUSTIN TAYLOR COMMUNICATIONS LTD, HIGH STREET, BETHESDA, BANGOR, LL57 3BX

Summary of the Recommendation: DELEGATE THE RIGHT TO THE SENIOR PLANNING MANAGER

1. Description:

1.1 This is an outline application to demolish a factory building together with the erection of 37 residential units and to confirm access details. Matters regarding appearance, landscaping, layout plan and scale are to be reserved and to be agreed under a subsequent application. The proposal offers 7 of the 37 dwellings to be affordable housing.

1.2 The application site is located within the Bethesda development boundary and has not been designated for housing. The site measures 1.59 hectares and comprises a substantial former factory on a fairly flat plot. The site is situated below the A5 trunk road and Caseg river runs directly past the site. The majority of the site that forms part of this application is situated within a C2 flooding zone.

1.3 The layout plan has been submitted as part of the application, however, it is only indicative despite this the plan is set in accordance with the flooding impact assessment. The plan also shows an open public area, estate road and a buffer landscaping area. It is proposed to use the existing access to the site from the A5 without any changes.

1.4 There is a terrace of houses directly near the site that are grade II listed; and part of the site is located within the Penrhyn Quarry buffer zone.

1.5 A flooding impact assessment has been submitted as part of the application together with an ecological assessment, affordable housing assessment, assessment of linguistic and community impact together with a design and access statement.

1.6 The Welsh Government Circular: 07/12: Town and Country Planning (Notification) (Wales) Direction 2012 states that proposals for 10 dwellings or more where the whole site is located within a C2 flooding zone should be referred for consideration to the Welsh Ministers. It is considered that the above requirement is relevant to this application as at least 85% of the site is within a C2 flooding zone.

2. Relevant Policies: PWYLLGOR CYNLLUNIO DYDDIAD: 16/06/14 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD CAERNARFON

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

2.2 Gwynedd Unitary Development Plan 2009:

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

POLICY B3 – DEVELOPMENTS AFFECTING THE SETTING OF LISTED BUILDINGS Ensure that proposals have no impact on the setting of Listed Buildings unless they conform to a series of criteria aimed at safeguarding the special character of the Listed Building and the local environment.

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

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

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

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

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

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

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

POLICY C1 – LOCATING NEW DEVELOPMENT Land within the development boundaries of towns and villages and the developed form of rural villages will be the main focus for new developments. New buildings, structures and PWYLLGOR CYNLLUNIO DYDDIAD: 16/06/14 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD CAERNARFON ancillary facilities in the countryside will be refused with the exception of a development that is permitted by another policy of the Plan.

POLICY C3 – RE-USING PREVIOUSLY DEVELOPED SITES Proposals that give priority to re-using previously developed land or buildings that are located within or near development boundaries will be permitted provided the site or building and the proposed use are appropriate.

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

POLICY C12 - BUFFER ZONES Development within buffer zones will not be permitted unless it is possible to provide new buffer zones which reflect the minimum distance referred to in NCTM 1: Aggregates.

POLICY CH4 – NEW DWELLINGS ON UNALLOCATED SITES WITHIN THE DEVELOPMENT BOUNDARIES OF LOCAL CENTRES AND VILLAGES Approve proposals to build new dwellings on unallocated sites within the boundaries of Local Centres and Villages provided they conform to criteria aimed at ensuring an affordable element within the development.

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

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

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

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

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

Supplementary Planning Guidance – Planning Commitments PWYLLGOR CYNLLUNIO DYDDIAD: 16/06/14 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD CAERNARFON

Supplementary Planning Guidance Affordable Housing Supplementary Planning Guidance Planning and the Welsh Language Supplementary Planning Guidance – Planning for sustainable building Supplementary Planning Guidance - Housing Developments and Open Spaces of Recreational Value

2.3 National Policies:

Planning Policy Wales (6th Edition) February 2012 Part 4.9 – Preference for the re-use of land Part 4.11 – Promoting sustainability through good design Part 4.12 – Planning for sustainable buildings Para 6.5.9 – Effect on listed buildings Para 8.7.1 – Development control and transport Para 9.2.14 – The community’s need for affordable housing Para 9.3.1 – New housing developments should be well integrated and connected to the existing pattern of settlements. Part 13.3 - Development and Flood Risk

Technical Advice Note 2: Planning and Affordable Housing Technical Advice Note 12: Design Technical Advice Note 15: Development and Flood Risk Technical Advice Note 18: Transport Technical Advice Note 20: The Welsh Language Technical Advice Note 22: Planning for sustainable buildings

3. Relevant Planning History:

3/13/81D – EXTENSION AND ADDITIONAL CAR PARK - APPROVAL - 03.01.1996

3/13/81C – CREATION OF A CAR PARK - 22.02.1991

3/13/81B – CHANGE OF USE TO A1 AND B1 – REFUSAL – 04.07.1990

4. Consultations:

Community/Town Council: 24.10.2013 Refusal. The site has not been designated for residential development and the land should continue to be for industrial use. Concern regarding the flooding situation. Concerns regarding parking Cae’r Berllan vehicles. Concern that there will be further development in the future at the rear of this site.

Transportation Unit: 14.10.2013 No objection. Propose standard conditions and note that parking spaces should be offered to Cae Berllan residents within the site.

13.03.2013 No objection to the proposal and standard conditions recommended. In addition to the above conditions, the Trunk Roads Unit was consulted to consider releasing the slip road land into the existing site, and request that the developer considers extending the site nearer to the main road, retaining a footway of usual width and use the standard junction as a standard access.

Public Protection: No response PWYLLGOR CYNLLUNIO DYDDIAD: 16/06/14 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD CAERNARFON

Welsh Water: 18.10.2013 Propose conditions.

28.08.2013 Withdrew the objection following additions to the flooding impact assessment together with proposing conditions.

24.04.2013 Object as the proposal would overload the existing public sewage system.

Natural Resources Wales: 06.03.2014 No objection following the receipt of further information on the flooding impact assessment. Propose conditions

18.11.2013 Confirm that the information submitted thus far is sufficient to show that the site is suitable for 37 dwellings.

13.03.2013 Object the proposal on the basis that it does not conform to the requirements of Technical Advice Note 15 Development and Flood Risk. It is also noted that a bats survey is required prior to demolition of the building and perhaps an ecological assessment may be required dependent on what sections of the site will be developed.

Biodiversity: 11.03.2013 An ecological report was submitted with the application. In accordance with the recommendation in the report, it should be ensured that the ‘buffer’ area is created between the development and the river. Native trees should be planted along this strip. Since this plot is not detailed in the submitted plans, the developer should re- submit the plan with this buffer zone marked clearly. A condition should also be included in accordance with the recommendation in the report to ensure that the site is cleared of vegetation and trees outside the nesting season (March-August)

Conservation Officer: 28.02.2014 Further to the observations dated 7/3/13 I refer to the revised plan dated 17/2/14. The three new properties have been moved from the listed terrace which is to be welcomed and therefore there is no objection to the application.

18.10.2013 It is noted that it is proposed to retain the three properties near the listed terrace but they will be one-storey dwellings rather than two-storey. It is considered that the impact on the terrace will be less.

07.03.2013. The site is located near a terrace of 12 houses that are grade II listed. There is no objection to the proposal in principle however it is suggested that the three new properties nearest to the terrace are re-located in order to safeguard the historical appearance and character.

Archaeological Trust: 21.05.2013 There is a draft report on the experimental trenching that has occurred on the site; and following the assessment it is considered that there is no need for any further investigation or mitigation on the site.

13.03.2013 Sufficient information has not been submitted and it is necessary to undertake further archaeological work in order to assess the archaeological potential of the site prior to granting planning permission. PWYLLGOR CYNLLUNIO DYDDIAD: 16/06/14 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD CAERNARFON

Strategic Housing Unit: 21.11.2013 Continue to be of the view that 11 affordable housing (30%) are required and the seven proposed is a low number bearing in mind that 45 persons have registered with Tai Teg and state Bethesda as a first option regarding where they would like to live.

Assembly Transportation 19.12.2013 and 04.02.2014 Propose conditions. (Trunk roads) : 15.10.2013 Need further information regarding proposed daily movements and confirmation that the existing access conforms to the requirements.

14.03.2013 Confirm that it does not intend to give any directive in this case.

Public Consultation: A notice was posted on site and in the press, and nearby residents were informed. The latest advertising period expired on 04.03.14 and four items of correspondence were received objecting on the following relevant planning grounds:

 Parking – increase in traffic and the site’s capacity, no consideration given to parking for Cae’r Berllan residents.  Safety of the residents of Cae’r Berllan street  Pressure on the existing sewerage system  Flooding  The site should be retained for industrial use and to ensure that employment is kept in the area.

Three items of correspondence were received supporting the proposal that also note the following:

 Suitable site for housing.  Opportunity to create a path from the rear of the site to Braichmelyn for the safety of pedestrians.  Houses for families

Observations were received that were not relevant planning issues:

 The consideration of the application should be deferred until the Dyffryn Ogwen planning strategy has been drafted in order to ensure a suitable development for the whole community.  Tourism would also be another suitable use for the site. PWYLLGOR CYNLLUNIO DYDDIAD: 16/06/14 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD CAERNARFON

5. Assessment of the material planning considerations:

Principle of the development

5.1 Policy A2 of the Unitary Development Plan concerns safeguarding the social, linguistic or cultural cohesion of communities. In accordance with the Supplementary Planning Guidance ‘Planning and the Welsh Language’ a linguistic and community assessment have been submitted as part of this application. The assessment states that the development would have a positive impact on the use and promotion of the Welsh language as there is a potential to increase the number of Welsh speakers through the immigration of Welsh speakers to the areas and the opportunities for learning Welsh to those who do not speak the language. The Joint Planning Policy Unit has evaluated the assessment and states that it does not believe that the scale of the proposed development is likely to cause a significant increase in the population that can detrimentally impact the Welsh language in this area, and that the mixture of housing proposed makes the development attractive to the local population especially to families with children and the proposal is therefore likely to be beneficial for the Welsh language. On this basis, it is considered that the development is unlikely to cause a detrimental effect on the social, linguistic or social cohesion of the local community and therefore the proposal conforms to the requirements of policy A2 above.

5.2 Policy C1 of the Unitary Development Plan involves locating new developments, and states that land within town and village development boundaries will be the main focus for new developments. New buildings, structures and ancillary facilities in the countryside will be refused with the exception of a development that is permitted by another policy of the Plan. Policy C3 of the Unitary Development Plan concerns the re-using previously developed sites and proposals that give priority to re-using previously developed land or buildings that are located within or near development boundaries will be permitted provided the site or building and the proposed use are appropriate. Policy CH4 of the Unitary Development Plan concerns new dwellings on unallocated sites within the development boundaries of local centres and villages and approves proposals for the construction of new dwellings on unallocated sites within the development boundaries of Local Centres and Villages if they conform to criteria aimed at ensuring an affordable element within the development.

5.3 The site that is the subject of this application is situated within the development boundaries of the Bethesda local centre, and it has not been designated for any specific use. In the past, the site was used for factory use and a substantial building is located at the centre of the site with hardstanding and grass surrounding. There is vehicular access to the site via the slip. Economic use of the site has expired over 12 months ago and the site is large and unlikely to attract another business use.

5.4 Subject to providing an acceptable number of affordable housing it is considered that the proposal may comply with the requirements of Policy CH4 of the Unitary Development Plan and on the grounds that the proposal conforms to this policy; it is also considered that the proposal makes suitable use of a previously developed site situated within the centre’s development boundaries, and therefore it is considered that the proposal is in compliance with the requirements of policies C3 and C1 of the Unitary Development Plan.

5.5 Policy C7 of the Unitary Development Plan concerns building in a sustainable manner. The application includes confirmation that the proposal will be completed in accordance with the requirements of the affordable housing code, and therefore it is considered to be in compliance with this policy. PWYLLGOR CYNLLUNIO DYDDIAD: 16/06/14 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD CAERNARFON

5.6 Policy C12 of the Unitary Development Plan involves buffer zones and it states that developments within buffer zones will not be permitted unless it is possible to provide new buffer zones which reflect the minimum distance referred to in Technical Advice Note Minerals 1: Aggregates. A small section of the site (south west) is situated within the Penrhyn Quarry buffer zone. Housing development is considered as a sensitive development in Technical Advice Note Minerals 1: Aggregates. It is noted that this specific buffer zone deals with the impact of traffic and that the quarry works themselves are located up to ¾ of a mile away from this zone. The application site is situated within the Bethesda development boundaries and there is residential housing north and south of the site with the quarry located on the other side of the A5 to the site. Although the submitted layout plan as part of the application is only indicative it shows that it can be ensured that the majority of the houses are located outside this buffer zone. It is possible that a small number (up to four properties) will be situated within the buffer zone, however it is considered that the impact of the quarry is minimal in this case and to this part of the site. It is therefore considered that the proposal cannot be refused based on the requirements of Policy C12 of the Gwynedd Unitary Development Plan.

Visual amenities

5.7 Policy B3 of the UDP concerns developments affecting the setting of listed buildings and ensures that proposals have no detrimental impact on the setting of Listed Buildings. The application site is located directly near the side of a terrace of 12 small cottages that are grade II listed. The proposal before you does not include any work to any listed structure. It was originally proposed to erect three houses on land directly near the end of this listed terrace. More recently it was agreed that the units located here would only be one-storey. By now, and following more flooding impact modelling work, this parcel of land is earmarked in the indicative layout plan as open public land. Therefore on this basis the applicant has shown that the site can be developed without causing a detrimental impact to the setting of the nearby listed buildings. The Senior Conservation Officer is satisfied with the latest arrangement. Therefore, it is considered that the proposal complies with Policy B3 above.

5.8 Policy B22 and B25 of the UDP deal with design and building materials and promote good design by ensuring that proposals conform to a series of criteria by aiming to safeguard the recognised features and character of the landscape and the local environment, together with safeguarding the visual character by ensuring that building materials are of a high standard and in keeping with the character and appearance of the local area.

5.9 In this case the application is an outline application with all setting, design and appearance issues reserved. A layout plan has been submitted and revised to try to ensure that the site can cope with the impact of flooding. What has been submitted is an indicative layout and it shows that it is possible to develop the site in a manner that offers reasonably sized plots and set out in a suitable way. It is considered that there will be an opportunity to consider the design during the reserved matters application.

5.10 To the same end, it is not currently possible to assess any proposed materials, however, it is considered that it is reasonable in this case to attach a planning condition to the permission to ensure that slates of a suitable type and colour in keeping with the area are used, as well as suitable materials that are in keeping with the area. PWYLLGOR CYNLLUNIO DYDDIAD: 16/06/14 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD CAERNARFON

5.11 On the above basis, it is therefore considered that the proposal complies with the requirements of policy B22 and B25 of the Unitary Development Plan.

5.12 Policy B27 of the UDP deals with landscaping plans and it ensures 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. In this case, the proposal does not include any landscaping details, apart from including a reference to the landscape buffer between the proposed houses and the Caseg river on the indicative layout plan. It is considered reasonable for the proposal to include hard and soft landscaping, and this landscaping complies with the requirements of the ecological report submitted as part of the application. It is therefore considered that it is reasonable to attach a condition to agree on a landscaping scheme that comprises of soft and hard landscaping on the site. On this basis, it is considered that the proposal complies with the requirements of Policy B27 of the UDP.

General and residential amenities

5.13 Policy B23 of the UDP deals with safeguarding 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. The application before you is an outline application to develop the site with 37 houses. The layout plan submitted is indicative only and does not form part of any permission. However, the plan shows that it is possible to develop the site to provide 37 living units as well as ensure that there is no serious flooding impact to the satisfaction of Natural Resources Wales. It is considered that the site is set out in a manner where no unit has a direct impact on the reasonable privacy of any existing dwelling. The location, size and setting of the units mean that the proposal will not overdevelop that site and it is considered that the development would not cause a substantial or significant increase in traffic or noise associated with an increase in traffic, bearing in mind its current and previous use as a factory. It is considered that the layout shown ensures that people would feel safe to walk, cycle and play and that there is potential for the site to provide units for the widest range of individuals.

5.14 Further assessment of the above issues will be required in an application of reserved matters but in terms of the details submitted with this outline application it is considered that the proposal complies with the requirements of policy B23 above.

5.15 Policy CH43 of the UDP concerns the provision of open spaces of recreational value in new housing developments and expects that new housing developments of 10 or more dwellings - in areas where the existing open spaces provision does not meet the needs of the development - provide suitable open spaces of recreational value as an integral part of the development. The proposal is to erect 37 properties that comprise a mixture of two bedroom, three bedroom and four bedroom units and the indicative layout plan also notes that it is proposed to provide an open area for the public within the site. This layout plan will not form part of the permission however the applicant has shown that it is possible to provide an open area within the site as well as to provide a garden for each house. It is therefore considered reasonable for the developer to provide an open area within the site. Therefore to this end, it is considered that the proposal complies with the requirements of policy CH43 above. PWYLLGOR CYNLLUNIO DYDDIAD: 16/06/14 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD CAERNARFON

Transport and access matters

5.16 Policy CH30 of the UDP deals with ensuring access for all, and refuses 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. A design and access statement has been included as part of this application, and its contents indicate that full consideration has been given thus far to the contents of this outline application. It is considered that it will be possible to assess access issues further when assessing the reserved matters, however the proposal before you as it stands complies with the requirements of policy CH30 above.

5.17 Policy CH33 of the UDP deals with safety on roads and streets and development proposals will be approved if they comply with specific criteria involving the vehicular access, the quality of the existing roads network and traffic calming measures. Policy CH36 of the UDP deals with private car parking facilities and 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. In this case, it is proposed to retain the access to the site from the A5 exactly as it is. There is a slip road north of the access with sufficient visibility for the proposal according to the Transportation Unit and the Assembly’s Trunk Roads Unit. In the past, and up until recently the site was used as a factory with staff and lorries using the access daily. A number of objections to the application have been received as it does not include parking bays for the residents of nearby Cae’r Berllan street. These residents do not have specific parking areas with their houses and they currently park on the slip road at the access to the application site, although there are double yellow lines there. The application site is private and there is currently no parking provision within the site for these residents and it is illegal to park on the slip road and therefore the parking situation for these residents does not change at all. The indicative layout plan shows that space will be available within the plots for parking and the Transportation Unit proposes a standard condition is attached to any permission to provide off-street parking spaces. Therefore, it is considered that the proposal complies with the requirements of policies CH33 and CH36 above.

Biodiversity matters

5.18 Policy B20 of the UDP concerns species and their habitats that are internationally and nationally important and to 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. An ecological report has been submitted as part of the application and has been assessed by the Biodiversity Unit. More recently, an indicative layout plan was submitted showing the possibility of providing a buffer area between the development and the river in accordance with the requirements of the ecological report. The Biodiversity Unit also considers that this buffer area should be planted with native trees and it is considered that a landscaping condition would be sufficient for this element. The Biodiversity Unit also notes that the site should not be cleared of vegetation and trees during the nesting season and it is considered reasonable to attach a planning condition to this end. On the basis of the above, it is considered that the proposal complies with the requirements of Policy B20 of the UDP. PWYLLGOR CYNLLUNIO DYDDIAD: 16/06/14 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD CAERNARFON

Archaeological Matters

5.19 Policy B7 of the UDP relates to sites of archaeological importance and to refuse proposals which will damage or destroy archaeological remains which are of national importance (whether they are registered or not) or their setting. Following the initial receipt of the planning application, the Gwynedd Archaeological Planning Service noted the potential for archaeological remains on the site and therefore further work should be undertaken on the site. More recently, a archaeological report was received following a burrowing test on the site and the Gwynedd Archaeological Planning Service have confirmed that there is no archaeological potential on the site and therefore no further work is required in terms of archaeology. It is therefore considered that the information submitted as part of the applications complies with the requirements of policy B7 above.

Flooding matters

5.20 Policy B29 of the UDP manages specific developments in the C1 and C2 flood zones and directs 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. In this case, the development is located within a C2 flooding zone and a Flood Consequence Assessment has been submitted and assessed by Natural Resources Wales. The applicant has submitted appendices and amendments to the Flood Consequence Assessment in accordance with the requirements of natural Resources Wales; and Natural Resources Wales have now confirmed that sufficient information has been submitted in order to indicate that it is possible to develop the site in the way shown in the submitted the indicative layout plan. It is noted that Natural Resources Wales have proposed planning conditions to secure the flooding situation and have stated that the layout of the outline application is only indicative if the layout changed than the Flood Consequence Assessment would have to be amended and ensure that the development continues to be suitable at the time. To this end, it is considered reasonable that the reserved matters should be stipulated for permission for the whole site prior to development, in order to ensure that the setting continues to be suitable when considering flooding.

5.21 A residential development is defined as development that is less vulnerable to damage within Technical Advice Note 15 and therefore such a development should not be permitted within the zone C2 area unless it complies with the specific criteria in policy B29 and TAN 15. In this case, the proposal forms part of the Local Planning Authority’s strategy via its location within the Bethesda Local Centre development boundaries; and it will support the settlement by providing residential units (with an affordable percentage). During the building period the proposal will provide employment for local workers and will make suitable use of a substantial site within the boundaries which is now an unoccupied business site. Therefore, the Local Planning Authority is satisfied that it is previously developed land. Because Natural Resources Wales are also satisfied with the proposal, it is considered that it complies with the requirements of Policy B29 of GUDP and TAN15.

5.22 Despite the above, in paragraph 1.6 above it is noted that circular 07/12 states that the proposed development of 10 dwellings or more on a site which is entirely located within a C2 flooding zone should be referred for consideration to the Welsh Ministers. It is considered that the above requirement is relevant to this application as at least 85% of the site is within a C2 flooding zone. PWYLLGOR CYNLLUNIO DYDDIAD: 16/06/14 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD CAERNARFON

Infrastructure Issues

5.23 Policy CH18 of the UDP deals with the availability of infrastructure and development proposals will be refused unless there is adequate provision of necessary infrastructure for the development, unless they conform to one of two specific criteria which require that appropriate arrangements are made for sufficient provision or that the development is carried out in stages in order to conform to any proposed plan for the provision of the infrastructure. Although Welsh Water initially objected to the application due to the pressure on the existing sewerage system, they have by now confirmed that the development is acceptable and therefore consider that the proposal complies with policy CH18.

Affordable Housing Matters

5.24 Policy CH4 states that a proportion of the units on the site should be affordable units to meet the general local need determined for affordable housing and that the size of the building plan and the design and materials of the affordable housing, including the number of bedrooms be proportionate to the particular need identified for affordable housing. The Housing Strategy Unit have stated that there is a need for affordable housing in Bethesda with a high number of individuals registered with Tai Teg for homes in this area. The Housing Strategy Unit therefore consider that it is reasonable for 30% of the houses to be for affordable need which is equivalent to 11 on this site of 37 houses. The agent argues that there are costs to developing the site which mean that no more than seven affordable house can be offered on the site. The costs have been assessed by the Joint Planning Policy Unit using 'toolkit' '3 Dragons'. Some of the figures submitted are inconsistent and the Local Planning authority are awaiting further confirmation of the figures in order to ensure that the appropriate number of affordable houses are offered, and it is possible that it will be necessary to negotiate for more affordable houses on the site. This has not been confirmed at the time of writing and it is trusted that there will be more information to hand by the date of the committee. If an acceptable number of affordable houses are offered and if the application is approved a 106 legal agreement will be established prior to releasing any planning permission on the site to secure a specific number of affordable housing; restrict the occupation of any affordable house on the site initially and in perpetuity to those who can prove need for an affordable house in accordance with the agreement.

Community benefit / 106 Agreement issues

5.25 Policy CH4 is to erect houses on unallocated sites within the local centres development boundaries, states that a proportion of the units on the site should be affordable, as discussed in paragraph 5.24 above.

5.26 It is considered that the above issues that have already been discussed in the report, will form a part of a 106 legal agreement that will be attached to any planning permission.

Response to the public consultation

5.27 The response to the public consultation period has already been stated as part of this report. Deserving consideration has been given to the relevant planning observations received as a result of the public consultation period as part of this assessment and it is considered that there are no issues that override the relevant planning policy issues. PWYLLGOR CYNLLUNIO DYDDIAD: 16/06/14 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD CAERNARFON

6. Conclusions:

6.1 As a result of the above assessment it is considered that that proposal is not contrary to any of the relevant policies or national guidance stated as it is considered that the proposal is unlikely to have a detrimental impact on the amenities of the local area or on any nearby property, or likely to lead to an unacceptable flooding impact and will not have an unacceptable impact on the area’s linguistic and social cohesion or national guidance.

7. Recommendation:

7.1 Delegate the right to the Senior Planning Manager to approve the application subject to providing an acceptable number of affordable houses and to complete a 106 agreement concerning affordable housing provision and the following conditions:

21. Time 22. Time (three years reserved matters) 23. Reserved matters to be submitted 24. Slates on the roof 25. Agree on external materials 26. Sustainable homes code 27. Parking areas 28. A buffer area will be provided in accordance with the ecological report 29. Landscaping Scheme 30. Welsh Water conditions 31. The finished floor levels to be agreed with the LPA 32. The flooding swale to be maintained in order that it works effectively. 33. The access details between the site and the highways to be agreed prior to commencement of the work and no property to be occupied until the work on the access has been completed. 34. A safety inspection to be provided and agree on any safety measures with the Council's transportation unit. 35. Size of the estate road 36. It will be ensured that surface water will be prevented from running from the site curtilage to the highway. 37. No vegetation/plants to be cleared from the site during the nesting season. 38. Removal of permitted delegated rights from the affordable units 39. Boundaries 40. Complete the development in accordance with the ecological report.

PWYLLGOR CYNLLUNIO DYDDIAD: «Planning_Ctte_Date» ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD GWYNEDD

Number: 2

Application Number: C13/0403/39/LL Date Registered: 09/04/2013 Application Type: Full - Planning Community: Llanengan Ward: Abersoch

Proposal: DEMOLITION OF EXISTING HOTEL, CONSTRUCTION OF A MIXED USE STRUCTURE INCORPORATING A 42 BEDROOM HOTEL AND SPA FACILITY, A RESTAURANT/BAR AND 18 RESIDENTIAL APARTMENTS WITH ASSOCIATED CAR PARKING, SERVICING AREAS AND LANDSCAPING Location: WHITE HOUSE HOTEL, ABERSOCH, PWLLHELI, LL537AG

Summary of the Recommendation: TO REFUSE

1. Description:

1.1 At the meeting of the Planning Committee on 19 May, 2014, it was decided to defer making a decision on the application in order to negotiate with the applicant to increase the contribution towards affordable housing. Previously, it was decided to postpone making a decision on this application in the Planning Committee on 3 February 2014 in order to have an opportunity to consider the additional information received from the applicant regarding the viability of the development. In addition to this, when it was decided to postpone determining the application, members were eager to emphasise the need to provide affordable housing as part of the development in accordance with the Council’s policies and the need to increase the supply of affordable housing in the Abersoch area. Since the Committee on 3 February, further response was received from the Council’s Consultant on the additional information submitted by the applicant. Further discussions have also been held with the applicant and as a result of these discussions further information was submitted regarding affordable housing and the economic benefits deriving from the development which have been subject to further consultation. These matters are discussed further in the relevant parts of the report.

1.2 The development includes a 42 bedroom hotel which also includes a bar, a restaurant for approximately 140, a conference facility and spa which would include a swimming pool, sauna, gym and fitness studio. It would also include 18 residential units. The development would be over five floors which would include a basement, ground floor, first floor, second floor and third floor as follows:-  Basement – spa area including a swimming pool, fitness studio, gym and bar.  Ground floor – restaurant, bar, kitchens, storage areas, office and goods delivery area.  First floor – 21 bedrooms for the hotel, three apartments.  Second floor – 21 bedrooms for the hotel, three apartments.  Third floor – 12 apartments Four apartments would be one bedroom units and 14 apartments would include two bedrooms. The form of the building would be circular in nature and from the first floor up the building would appear to be broken up to take the form of two limbs. It is proposed to finish the basement and the ground floor in local slate. The three upper floors would be finished with render with timber detail. There would be a vehicular PWYLLGOR CYNLLUNIO DYDDIAD: «Planning_Ctte_Date» ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD GWYNEDD

and pedestrian access from Lôn Pont Morgan to the east. The development would include 62 parking spaces and there is a provision for keeping bicycles.

1.3 The site lies within the development boundary of Abersoch. Towards the east is the A499 class 1 highway, namely Lôn Pont Morgan. On the other side of the road is the boundary of the Llŷn Area of Outstanding Natural Beauty (AONB). The site is located within a Landscape Conservation Area and within the Llŷn and Bardsey Island Landscape of Outstanding Historic Interest. There are trees on and in close proximity to the site which are the subject of a tree preservation order.

1.4 The site faces the A499 and it is on ground sloping from west to east. The existing building of the White House hotel currently occupies the site. The existing hotel is a building which is two and a half storeys high. The hotel has been vacant for several years now and in the past few years the site has been used as a car park. The surrounding area is mainly residential in nature. The residential house of Hunter’s Moon is surrounded by the application site. The houses towards the north of the site are on higher ground than the application site.

1.5 A design and access statement, a planning statement, a landscape and visual impact assessment, a sustainable housing code assessment, a BREEAM assessment, a daylight and sunlight amenities assessment, a traffic statement, an amended ecological assessment a bats mitigation strategy, a tree assessment, a community involvement statement, a financial viability assessment, a community and language assessment were submitted as part of the application.

1.6 The application is submitted to the Committee because of the size of the development and it involves five or more houses (apartments).

2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009: POLICY A2 – PROTECT THE SOCIAL, LINGUISTIC AND CULTURAL FABRIC OF COMMUNITIES - Safeguard the social, linguistic or cultural cohesion of communities against significant harm due to the size, scale or location of proposals.

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

POLICY B8 – THE LLŶN AND ANGLESEY AREAS OF OUTSTANDING NATURAL BEAUTY (AONB) - Safeguard, maintain and enhance the character of the Areas of Outstanding Natural Beauty (including views into and out of the area) by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features of the site. PWYLLGOR CYNLLUNIO DYDDIAD: «Planning_Ctte_Date» ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD GWYNEDD

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

POLICY 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.

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

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

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

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

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

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

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

POLICY C3 – RE-USING PREVIOUSLY DEVELOPED SITES - Proposals which give priority to reusing previously developed land or buildings and are located within or adjacent to development boundaries will be permitted if the site or the building and use are appropriate.

POLICY C7 – BUILDING IN A SUSTAINABLE MANNER - Proposals for new developments or for adapting and changing the use of land or buildings will be refused unless consideration is given to specific environmental matters. Proposals PWYLLGOR CYNLLUNIO DYDDIAD: «Planning_Ctte_Date» ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD GWYNEDD

must conform to specific criteria relating to building in a sustainable manner, unless it can be demonstrated that it is impractical to do so.

POLICY CH4 – NEW DWELLINGS ON UNALLOCATED SITES WITHIN THE DEVELOPMENT BOUNDARIES OF LOCAL CENTRES AND VILLAGES – Approve proposals for the construction of new dwellings on unallocated sites within the development boundaries of Local Centres and Villages if they conform to criteria aimed at ensuring an affordable element within the development.

POLICY CH10 – SECOND HOMES - Refuse proposals for new dwelling(s) which would lead to an increase in the number of second homes within a community where they already constitute a high percentage of the housing stock.

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

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

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

POLICY D13 – ATTRACTIONS AND FACILITIES – Proposals for the development of new attractions and facilities for visitors, or to improve the standard of existing facilities will be approved if they are located within a development boundary or on other specific sites if there are no suitable opportunities within a development boundary. It will be a requirement that each proposal conforms to the criteria regarding the development of ‘niche’ markets or support for the development of the recognised Gwynedd Tourism Strategy and also the design, appearance and setting of the proposed development.

POLICY D14 – SERVICED HOLIDAY ACCOMMATION - New proposals or adaptations of existing buildings or extensions to existing holiday accommodation establishments will be approved if the design, setting and appearance of the development is of high standard and if it conforms to the criteria regarding the location and scale of the development.

D15 – SELF-SERVICED HOLIDAY ACCOMMODATION – Proposals for the development of new, permanent self-serviced holiday accommodation or for the conversion of existing buildings or the extension of existing establishments will be approved provided the design, setting and appearance of the development are of a high standard and provided they conform to criteria relevant to the location and scale of the development; loss of permanent housing stock; residential areas and a concentration of this type of holiday accommodation.

Supplementary Planning Guidance – Holiday Accommodation (2011) Supplementary Planning Guidance – Planning for Sustainable Building (April 2010) PWYLLGOR CYNLLUNIO DYDDIAD: «Planning_Ctte_Date» ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD GWYNEDD

Supplementary Planning Guidance - Affordable Housing (November 2009) Supplementary Planning Guidance – Planning and the Welsh Language (2009) Supplementary Planning Guidance - Housing Developments and Open Spaces of Recreational Value (2009)

2.3 National Policies: Planning Policy Wales (Sixth edition, February 2014) Chapter 5 - Conserving and Improving Natural Heritage and the Coast Chapter 7 – Economic Development Chapter 9 - Housing Chapter 11 - Tourism, Sport and Recreation

Technical Advice Note 2: Planning and Affordable Housing (2006). Technical Advice Note 12: Design (2009) Technical Advice Note 13: Tourism (1997) Technical Advice Note 18: Transport (2007) Technical Advice Note 20: Planning and the Welsh language (2013) Technical Advice Note 22: Planning for sustainable buildings (2010) Technical Advice Note 23: Economic Development (2014)

3. Relevant Planning History:

3.1 C01D/0005/39/LL – Rear extension – Approved 05 March 2001.

3.2 C05D/0627/39/LL – Extensions and alterations to existing hotel – 23 December 2005.

3.3 C06D/0275/39/LL – Demolition of hotel and construction of a 35 bedroom hotel with restaurant and health spa – Approved 16 June 2006.

3.4 C07D/0682/39/CC Maintenance work and safeguarding four trees which are the subject of a tree preservation order – Approved 29 January 2008.

4. Consultations:

Community Council: The application is supported as there is a real need to tidy up the site. Despite this, it was expressed that the community did not benefit sufficiently from the contribution that is proposed.

Transportation Unit: No objection to the proposal. The proposal utilizes the existing access which serves a private road and it is confirmed that the access is acceptable. The proposal shows that a total of 62 parking spaces will be included. In accordance with the guidelines of CSS Wales, one space is required for every bedroom in the hotel and one parking space for each flat with one to two bedrooms. Therefore, the parking provision for these elements is acceptable. Parking for staff should also be considered and a parking space for HGV vehicles servicing the site. A turning and reversing space is shown to the rear of the development which appears to be acceptable for HGVs. No information was submitted regarding the number of staff, however, it is believed that the location is accessible and it is believed that a percentage of the staff would be likely to depend on other forms of PWYLLGOR CYNLLUNIO DYDDIAD: «Planning_Ctte_Date» ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD GWYNEDD

transport to the site. Propose a condition regarding the need to complete parking spaces prior to commencing the use.

Environmental Health / Public Insufficient details shown on the plan to enable observations to be Protection: made. More information is needed on the location of the air extraction system, cooling units, fans and further details regarding the kitchen.

Welsh Water: Propose conditions regarding the sewerage system.

Biodiversity Unit The ecological information submitted with the application is very comprehensive. Surveys have shown that bats use the building. The developer has suggested a strategy for dealing with the loss of a bat roost by means of mitigation measures which include the creation of a new roost. I am satisfied with this proposed provision. The details of when the roosts will be created in the context of the demolition of the existing building are detailed in the report. A condition should be included to ensure that mitigating measures and the timing are followed in accordance with the details submitted in part 5.0 of the report.

Trees Unit: The trees report that has been submitted on this application is of high standard. There are important trees of a high amenity value on the site that have been protected with the tree preservation order. Conditions are suggested on any planning permission in order to protect the trees.

AONB Unit Comments.  A very visible site directly opposite the AONB boundary  No objection in principle to a new hotel but it should be in keeping with the background and location.  There is agreement on the methodology of the Landscape and Visual Impact Assessment but doubt regarding the conclusions.  The size and density of the proposed development is substantially larger than the existing buildings and appear discordant in an area of dwelling houses.  The plan and design of the development is modern and foreign for a seaside village in Llŷn and adjacent to the protected landscape of the AONB.  There is concern about creating 18 new living units in a village where the percentage of second homes is already high and the language and local culture are under pressure and not much effort was put into the Community and Language Statement.

Strategic Housing Unit Details were received of the number of people on the TaiTeg waiting list for housing in Abersoch:-

Area 1st choice 2nd choice 3rd choice Abersoch 8 individuals 12 individuals 5 individuals Number of Of the 8 above: Of the 12 above: Of the 5 above: bedrooms PWYLLGOR CYNLLUNIO DYDDIAD: «Planning_Ctte_Date» ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD GWYNEDD

required 5 wanted a two 1 wanted a two 2 wanted a two 1 wanted a two bedroom house bedroom house bedroom house bedroom house

2 wanted a three 9 wanted a three 2 wanted a three 3 wanted a three bedroom house bedroom house bedroom house bedroom house

1 wanted a four 2 wanted a four 1 wanted a four bedroom house bedroom house bedroom house

Confirmation was also received that there were 72 names on the waiting list for housing in the Llanengan Community Council area which includes the village of Abersoch.

State that the community sum that is proposed is insufficient based on the principle of having 33% of the units as affordable units. The developer is requested to revisit this. It is important that affordable units are secured as house prices in the Abersoch area are amongst the highest in Gwynedd and the Strategic Housing Unit would be willing to collaborate to find a solution and not to provide information about a discount but to provide information about house prices.

Gwynedd Archaeological Comments. Planning Service:  The site is within 50m of the Abersoch motte (PRN 1239).  There have been discussions with the applicant prior to submitting the application. It appears that the site has been the subject of substantial landscaping work previously and, therefore, there is very little potential for finding very deep archaeological deposits. Consequently, it was decided that an archaeological assessment was not required as part of the application.  The existing building is of some historical interest as an Edwardian residence and for its contribution to the tourist industry in the 20th century. Its demolition represents a loss to the historic built environment.  Propose a condition to ensure that an archaeological record is completed of the building prior to its demolition.

Economy and Community Confirm the full support of Gwynedd Council’s Economy and Department: Community Department to this application.

The redundant site of the former White House Hotel is in a prominent location and it is an eyesore which is detrimental to the tourist resort of Abersoch. Considering the significance of tourism to Gwynedd’s economy (£917m per annum and 16,000 jobs), and to the Llŷn peninsula specifically, Gwynedd Council’s Economy and Community Department believes that redeveloping the site of the former White House Hotel is a priority for the area.

Only 6% of the 125,000 visitor bed spaces in Gwynedd are serviced accommodation and the Gwynedd Destination Management Plan PWYLLGOR CYNLLUNIO DYDDIAD: «Planning_Ctte_Date» ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD GWYNEDD

2013 – 2020 notes that the limited variety of serviced accommodation (especially high quality hotels) «restricts the opportunities to extend the season. Gwynedd needs more of a variety of serviced accommodation provision if it is to take more advantage of the tourist market. The Economy and Community Department has been holding discussions with accommodation providers for several years to try to attract investment into the area but the interest has been very limited because of the difference in the development cost and the value of the resource as a business.

Considering that the proposed development is high quality accommodation and that employment for the area will be substantial during the construction period and beyond (65 FTE during construction and 65 FTE directly to run the business thereafter which could increase to 120 mid-summer jobs with an opportunity to stimulate 22 indirect jobs in the area as a result), the development contributes to our economic aims.

Gwynedd Council’s Strategic Plan identified the intention to develop an Employment Plan for the area of Llŷn and Eifionydd. Work on analysing the economy has already commenced and arrangements are in place to develop a work programme with Members of the Dwyfor area. Although the aim will be to try to ensure a variety of jobs in the area in a variety of economic sectors; without a doubt tourism jobs will be important to maintain the rural communities of Llŷn. The 65 new full time jobs and the investment of £1.5 million annually to the local economy can contribute to the short-term targets of the Employment Plan.

The Department has collaborated with the applicant to identify opportunities to maximise the local economic benefit from this investment. The Council supports the methodology used to measure the economic impact and welcomes the steps that have been taken to plan to keep the benefit local. Support is available for the company to collaborate with the College and schools to ensure that there is a suitable provision of skills available to take advantage of the opportunities resulting from the investment. We will also offer a service for the Company to raise their awareness of local suppliers and providers along with assistance to promote the Welsh language.

If this application is not successful there is concern that we will lose the opportunity to ensure economic benefit to the Llŷn area and to the site. The Department has considered the business case and agrees with the applicant’s analysis of the business values that are the basis for the proposal in relation to the contribution to affordable housing. The housing units are crucial to fund the Hotel development. To satisfy the requirements of the affordable housing policy entirely, it is considered that a private housing development would be the only commercial development that could be on the site, which of course would not lead to creating local short-term employment.

Design Commission Wales: Comments:  Note that the hotel bar has been moved to the basement PWYLLGOR CYNLLUNIO DYDDIAD: «Planning_Ctte_Date» ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD GWYNEDD

which has enabled the façade near Hunter’s Moon to be moved and pushed further back. Appreciate the effort to reduce the shadowing effect on this property. However, the proposal is still four storeys high and is comparatively close to existing houses. Cross-sections taken through Hunter’s Moon and the proposed building would enable an assessment to be made of the impact of the proposal.  Support the principle of the development.  Need to examine reducing the bulk and mass of the proposal, e.g. by variations in the form of the roof, lowering part of the building.  Consider separating the hotel from the living units to reduce the bulk of the buildings.  Concern was expressed regarding the impact on nearby properties.  Look at simplifying the access and parking spaces.  The main concerns are the scale, the relationship with nearby properties, complexity of the structure, the response to the site and the impact on views and landscape strategies.

North Wales Tourism Support noted to redeveloping the site for tourists and the Partnership: contribution to improving visual amenities in Abersoch which will in turn improve experiences for tourists. It is noted that one of the Strategic objectives within the North Wales Tourism Strategy 2010- 15 is to invest in product excellence and some of the key priorities in providing quality accommodation are:-  Improve standards and quality.  Look favourably at projects which would improve the quality of the landscape and the environment.  Renew out-dated products to reflect modern design and tastes.  Improve and add to facilities to attract specific markets.  Encourage individuals and new blood.  Attract new developments.

They also state that areas of development potential include:  One or more notable four-star hotels linked to golf or driven by business demand.  Smaller independent boutique provision along with restaurants with rooms which have a strong food and style element.

Public Consultation: A notice was placed in the press and on the site and nearby residents were informed. The advertising period ended on 16 May 2013. Letters / correspondence were received from five objectors, three supporters and one providing observations.

Summary of the planning objections:  Too close to the AONB  It would be detrimental to the character of the village  Over-development of the site – insufficient space for a hotel, residential units and parking / access arrangements PWYLLGOR CYNLLUNIO DYDDIAD: «Planning_Ctte_Date» ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD GWYNEDD

 Unacceptable impact on amenities, privacy of nearby houses and their gardens  Doubt whether the scheme is viable  The current poor state of the site does not justify accepting any development there  The scale of the development is excessive in the location and it would be prominent from public vantage points including the beach and surrounding rural areas  The site is in a quiet residential area of the village and the design does not reflect the character of surrounding houses  18 open market residential units is excessive for the village and adds to the problem of second homes in the village  There is no justification given of the need for a hotel development of this size.  The design is similar to a hotel in a large seaside resort and it is not a reflection of the local character  Loss of open lands within the site  The design does not reflect the semi-rural nature of the site  Damage to existing mature trees  There is already sufficient holiday accommodation in the area to satisfy the need

Summary of the supportive observations:  The site has been an eyesore for many years and the development would be an improvement.  There is a great need for a new hotel in Abersoch  Realisation that consideration has been given to converting the building so that it is in-keeping with the site and its setting and using different cladding materials and detailed landscaping.  More jobs created.  Improve the aesthetics of the area and welcome more tourists to promote the economy of Abersoch.  This is a high-level development which will bring jobs that are very much needed to the area and do not consider that the argument of low-cost affordable housing should be used to refuse the application.

5. Assessment of the material planning considerations:

Principle of the development 5.1 The site is located within the development boundary of Abersoch as indicated on the GUDP proposal maps. No part of the site has been specifically designated for housing in the GUDP. Policy C1 of the GUDP states that land within town and village development boundaries and the developed form of rural villages will be the main focus for new developments. Furthermore, the policy states that new buildings, structures and ancillary facilities in the countryside (i.e. outside development boundaries and outside the developed form of rural villages) will be refused with the exception of development that is permitted by another policy of the Plan. PWYLLGOR CYNLLUNIO DYDDIAD: «Planning_Ctte_Date» ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD GWYNEDD

5.2 The site is also considered to be on previously developed land. Policy C3 of the GUDP states that proposals that give priority, wherever possible, to reusing previously developed land or buildings that are located within or near development boundaries, rather than using greenfield sites, will be approved provided that the site or building and the proposed use are suitable and conform to the Plan’s objectives and development strategy. The proposal would therefore make acceptable use of previously developed land.

5.3 Policy D14 deals with the provision of serviced holiday accommodation. This policy approves new hotel development on sites located within the development boundary or on a previously developed site, provided that the design, setting and appearance of the development is of high quality. Therefore, it is considered that the principle of redeveloping the site for hotel use is acceptable in the context of policy D14.

5.4 Policy CH4 relates to housing developments within development boundaries. This policy approves, in principle, proposals to build new homes on unallocated sites within the development boundaries of villages provided a proportion of the units on each site (which will vary from site to site) are affordable units to meet the general local need determined for affordable housing, unless it can be proven to the satisfaction of the Planning Authority that, having considered all the relevant factors, it would be inappropriate to provide affordable housing on the site.

5.5 Consequently, and subject to assessment of the following issues: affordability, language and community, economic, visual, general and residential amenities, transportation, biodiversity, sustainability, the principle of the proposal is considered acceptable.

Economic and Tourism Matters 5.6 Paragraph 7.1.1 of Planning Policy Wales states that economic development for planning purposes is a development activity which provides land on which activities will be held that generate wealth, jobs and income. Land that is used for economic purposes includes traditional employment land (offices, research and development, industry and warehousing) as well as uses such as retail, leisure and public services. Furthermore, paragraph 7.6.1 states that, in determining applications for economic land uses authorities should take account of the likely economic benefits of the development and in assessing the benefits the key factors to consider are:  The numbers and types of jobs expected to be created or retained on the site;  Whether and how far the development will help redress economic disadvantage or support regeneration priorities, for example by enhancing employment opportunities or upgrading the environment;  A consideration of the contribution to wider spatial strategies, for example for the growth or regeneration of certain areas.

5.7 Paragraph 11.1.1 of Planning Policy Wales states that tourism is vital to economic prosperity and job creation in many parts of Wales. It is a significant and growing source of employment and investment, based on the country’s cultural and environmental diversity. Tourism can be a catalyst for environmental protection, regeneration and improvement in both rural and urban areas.

5.8 At present, the White House hotel site is redundant other than the use of the car park and therefore it does not currently contribute to the economic growth in the area. The location is quite prominent when approaching the village of Abersoch and the condition of the building has deteriorated over the years. Therefore, redeveloping the PWYLLGOR CYNLLUNIO DYDDIAD: «Planning_Ctte_Date» ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD GWYNEDD

site would be of assistance in regenerating the site itself and would also improve the appearance of the site as visitors approach the village.

5.9 Recently, the applicant submitted details of the economic benefits of the proposal and following receipt of this information, a further consultation was held with the relevant consultees. Those consultees were ones which had submitted previous observations on the application in terms of affordable housing and/or the economy. This second consultation period ended on 8 May, 2014.

5.10 The details of the economic benefits received outline the benefits to the proposal and the area. The details state that the proposal would be an investment of £7.8 million in construction and infrastructure. It is considered that the construction work would be over a period of two years and would be sufficient to support 65 full-time jobs per year. These jobs would be on-site and off-site. Following the completion of the shell of the building there would be additional jobs in terms of installing the fixtures and fixings which could create up to four additional full-time jobs. Figures obtained from the Office of National Statistics in February 2014 show that 255 benefits claimants looking for work in Gwynedd are looking for jobs in the construction field. It is expected that a significant number of the construction jobs would be taken by residents of the area and the construction work would include varied jobs e.g. site labourers, skilled construction jobs such as plumbers, carpenters and site managers/supervisors.

5.11 Following the construction period, direct jobs would be available at the hotel. By the third year of the hotel being operational, it is expected that between 65 and 75 full- time jobs would be created. The hotel would also be expected to employ several casual staff for activities such as weddings and also during the peak holiday season when the number of visitors would increase. The developer anticipates a total of between 100 and 120 jobs. These jobs would be varied and would include managerial / supervisory jobs, skilled jobs, specialist jobs and lower-skilled jobs. The proposal would also support indirect and induced employment.

5.12 It is considered that using local products, services and goods would contribute approximately £1.5 million to be spent locally every year. This, along with spending by visitors staying at the hotel, would contribute to creating jobs which would be indirectly linked to the proposal. The wider contribution of the proposal would include an increase of 25% in bedspaces in serviced accommodation, an increase in facilities available locally such as the spa, fitness facilities, restaurant and bar and an improvement to the built environment of Abersoch.

5.13 Gwynedd Council’s Economy and Communities Department declared their complete support to the proposal. Considering the significance of tourism to Gwynedd’s economy (£917m per annum and 16,000 jobs), and to the Llŷn peninsula specifically, Gwynedd Council’s Economy and Community Department believes that redeveloping this site is a priority for the area. Only 6% of the 125,000 visitor bed spaces in Gwynedd are serviced accommodation and the Gwynedd Destination Management Plan 2013 – 2020 notes that the limited variety of serviced accommodation (especially high quality hotels) restricts the opportunities to extend the season. Gwynedd needs more of a variety of serviced accommodation provision if it is to take more advantage of the tourist market. The observations of the Economy and Community Department state that the proposed development is high quality accommodation and that employment for the area will be substantial during the construction period and beyond with 65 FTE during construction and 65 FTE directly to run the business thereafter which could increase to 120 mid-summer jobs with an PWYLLGOR CYNLLUNIO DYDDIAD: «Planning_Ctte_Date» ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD GWYNEDD

opportunity to stimulate 22 indirect jobs in the area as a result. Gwynedd Council’s Strategic Plan has identified the intention to develop an Employment Plan for the area of Llŷn and Eifionydd and although the aim would be to try to ensure a variety of jobs across the area in a variety of economic sectors, without a doubt tourism jobs will be important to maintain the rural communities of the Llŷn peninsula. The 65 new full time jobs and the investment of £1.5 million annually to the local economy can contribute to the short-term targets of the Employment Plan. The Department has collaborated with the applicant to identify opportunities to maximise the local economic benefit from this investment. The Economy and Community Department supports the methodology used to measure the economic impact and welcomes the steps that have been taken to plan to keep the benefit local. Support is available for the company to collaborate with the College and schools to ensure that there is a suitable provision of skills available to take advantage of the opportunities resulting from the investment. We will also offer a service for the Company to raise their awareness of local producers and providers along with assistance to promote the Welsh language. If this application is not successful there is concern that we will lose the opportunity to ensure economic benefit to the Llŷn area and the site. Also, as seen from the observations, the North Wales Tourism Partnership has given its support to the redevelopment of the site for tourists and the contribution that this would make to improving visual amenities in Abersoch and the visitor experience. As a result of this information and the observations noted above, it is certain the the proposal would make a significant economic contribution to the area and would contribute in terms of creating jobs and income not only within the application site but also to the wider area.

Affordable Housing Matters 5.14 The proposal in addition to the hotel includes 18 residential units. Paragraph 2.17 of the Supplementary Planning Guidance – Affordable Housing (November 2009) states that the local planning authority, when assessing an application in accordance with Policy CH4, will consider the situation that exists in the settlement in question. This will include consideration of matters such as:

 evidence of the factors which influence affordability in the local area;  evidence of a specific need for housing in the Village or Local Centre;  the current availability of affordable housing in the Village or Local Centre, i.e. the mixture of housing, in terms of tenure;  to what extent will it be possible, realistically, to meet the need for affordable housing on land within the development boundary;  proposed housing association schemes (within or immediately adjoining the development boundary);  evidence of the financial feasibility of providing affordable housing on the site.

5.15 There is evidence that there are problems with housing affordability in the Abersoch area and that there is a need for affordable housing in the area. Also, a significant percentage (around 45%) of the housing in Abersoch consists of second homes. Details were received from the Housing Strategy Unit of the number of people on the Tai Teg waiting list for housing in Abersoch.

Area 1st choice 2nd choice 3rd choice 4th choice Abersoch 8 individuals 12 individuals 5 individuals 4 individuals Number of Of the 8 above: Of the 12 above: Of the 5 above: Of the 4 above: bedro oms 5 wanted a two 1 wanted a two 2 wanted a two 1 wanted a two PWYLLGOR CYNLLUNIO DYDDIAD: «Planning_Ctte_Date» ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD GWYNEDD

requir bedroom bedroom bedroom bedroom ed house house house house

2 wanted a three 9 wanted a three 2 wanted a three 3 wanted a three bedroom bedroom bedroom bedroom house house house house

1 wanted a four 2 wanted a four 1 wanted a four bedroom bedroom bedroom house house house

Confirmation was also received that there were 72 names on the waiting list for housing in the Llanengan Community Council area which includes the village of Abersoch.

5.16 However, in accordance with the policy as seen above, consideration must also be given to the financial feasibility of providing affordable housing on the site. Paragraph 10.6 of Technical Advice Note 2 – Planning and Affordable Housing, states that the viability of a site will be a critical factor to consider in determining thresholds (for affordable housing), particularly on small sites. The impact of specific costs on the viability of a development is a factor which is considered in the first criterion of Policy CH4. This criterion states that a proportion of the units on a site of this type should be affordable, unless it can be demonstrated to the satisfaction of the Planning Authority that, having considered all the relevant factors, it would be inappropriate to provide affordable housing on the site. Paragraph 5.2.30 of the GUDP states that specific costs associated with the development of the site is a factor to be considered when negotiating with a developer in relation to the provision of affordable housing.

5.17 As part of the application the applicant submitted a Financial Viability Assessment which was provided by the Petty Company. Later on following discussions, a Financial and Economic Review was submitted by the Five Lines Company. The applicant argues that costs associated with the hotel means that it would not be viable to offer a contribution towards affordable housing as part of the scheme. In order to assess the situation the Council commissioned work to make an assessment of the proposal’s viability and whether it was considered viable to have a portion of affordable units, or have a financial contribution towards affordable housing as part of the development. As a result a Financial Viability Report was received from Andrew Golland Associates. The report concludes that the applicant has not provided firm evidence which supports his viewpoint on viability matters, and that the scheme should therefore include a contribution towards affordable housing. Following an assessment of further information submitted by the applicant regarding viability matters, Andrew Golland Associates confirm again that they are not of the opinion that the applicant has provided firm evidence to justify that it would not be viable for the applicant to provide affordable housing.

5.18 Following discussions, the applicant has made a financial offer of £150,000 towards affordable housing provision off the site. Following this offer, a period of re- consultation commenced and this second consultation period ended on 8 May 2014. Whilst the financial contribution is to be welcomed, it must be borne in mind that the application includes 18 housing units and consideration must also be given to the professional opinion of the Council’s experts, namely Andrew Golland Associates, who are of the opinion that the viability argument has not been justified with firm evidence. It is not considered that the contribution of £150k (which is not supported PWYLLGOR CYNLLUNIO DYDDIAD: «Planning_Ctte_Date» ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD GWYNEDD

with evidence) for affordable housing off the site is adequate. In general, such a contribution would be expected to reflect the value of approximately 30% of affordable units of the development, namely approximately six affordable units of the 18 which are part of the development. Therefore, owing to a lack of appropriate and realistic evidence of the actual value of the development from the applicant and the fact that the offer made is significantly lower than what would be expected on the site as a contribution towards affordable housing on the site, it is not considered that the application complies with Policy CH4 of the GUDP. The Committee decided on 19 May, 2014 to defer making a decision on the application to seek more of a contribution towards affordable housing. The applicant was contacted in relation to this and his response is awaited by the time of the Committee.

Language and Community Matters 5.19 A language and community statement was received as part of the application. It is noted that the percentage of Welsh speakers in Abersoch is comparatively low, and that it has reduced between 2001 and 2011. It is recognised that the site is located in a convenient place in Abersoch, close to services and facilities, and is therefore likely to have a positive effect on local shops and services. The development should improve the visual environment and make the area a more attractive place to live. No specific mitigation measures have been proposed in the language and community statement. Providing a supply of open market housing without any control over their occupancy or their price at this location is likely to lead to more second/holiday homes, which is contrary to Policy CH10 of the GUDP. There is no conclusive evidence by the applicant to show that the houses truly are affordable for local people. There will be a need to ensure that an adequate portion of the relevant units are affordable and attractive to local individuals who are in need of affordable housing. It is also difficult to anticipate whether the Welsh language will be harmed by attracting more visitors, and therefore the potential impact of the hotel on the language should be considered against the benefits that will be created from the development of the hotel.

5.20 From a community perspective, Policy CH10 of the UDP which deals with second homes is relevant to the application. However, it is essential to note that the Planning Inspectorate affords very little weight to this policy when determining appeals that are based on this policy. What comes over in the appeals is that it cannot be proven with robust evidence that the residential units would be holiday homes or second homes. Although there is a substantial percentage of second homes in Abersoch, an appeal on the site of the Power Boat Club has been approved, contrary to the decision of the Council. The appeal related to deleting a condition which restricted the occupancy of the open market housing to be developed on the site for use as permanent homes only. As a result of such appeal decisions, we cannot lend much weight to this policy when considering planning applications.

Design and Visual Amenities 5.21 Policies B8, B10, B22 and B25 of the GUDP are relevant to this application and relate to: design, finishes, elevations, visual amenities and protected landscapes. The design is modern and contemporary compared with the nearby buildings. The development would be located on a site that is fairly prominent when approaching Abersoch. The site is also on an incline with higher land towards the north-west of the site. The adjacent dwellings vary in respect of size, design and finishes. They have no definite pattern or common theme, and there are some modern designs in the vicinity of the application site. However, it is considered that any new development must be designed in a compatible manner that will not detract from the area’s existing character. PWYLLGOR CYNLLUNIO DYDDIAD: «Planning_Ctte_Date» ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD GWYNEDD

5.22 It is acknowledged that difference of opinion on a modern design is an objective matter and differing opinions have been conveyed in relation to the design of the proposed plan. It can be seen from the observations of the Design Commission that they are supportive of the principle of the development, but are not completely satisfied with the plan that has been submitted, including the scale, bulk and mass of the proposal.

5.23 The proposal offers a building that is substantial in size. A landscape and visual impact appraisal was provided as part of the application and this assessment notes that the footprint of the proposed building would be approximately 2.5 times larger than the existing building, and would be approximately 4.5 metres higher. The building would be five storeys, as was the hotel that was granted permission under application number C06D/0275/39/LL which was not implemented. Although five storeys high, effort has been made to reduce the effect of the proposal on the landscape. The lower floors make use of the slope of the land by cutting into the land and working with the slope so that the proposed building would be located lower down on the site than the ground level of the existing building. In addition, since the design of the upper floors are in the form of two arms, there would be an empty space in the middle of the building, and there would be a green roof above the central part between the two ‘arms’. This green roof would be located above the ground floor. It is considered that this is a means of reducing the bulk of the building and breaking it up, which also therefore assists in reducing the impact of the proposal on the landscape. It is also proposed to face the two lower floors with local slate, and the upper three floors would be covered with a combination of render and timber. The use of local slate on the two lower floors assists in giving the impression that the building is three storeys rather than five storeys. It is also considered that the use of different materials assists in breaking up the building and providing a variety of finishes. In terms of size and scale the proposed building would be larger than other buildings in the vicinity, and it is likely that such a building which also has a modern design will divide opinions. The site is located within a Landscape Conservation Area and the boundary of the Llŷn AONB is on the other side of the county road. However, due to its position amongst other buildings, it is not considered that the proposal would stand out prominently in the landscape, and any views of the building would be in the context of other buildings in the surrounding area. The combination of materials proposed to be used – local slate, render and timber – contribute to the modern appearance, but at the same time they are not materials that are uncommon in the area which will respect the features of local building materials.

5.24 Therefore, having weighed up the design of the proposed building, it is not considered that the proposed development would have a detrimental impact on the character and appearance of the area and although it is a modern and different design, it is considered that it would suit the surrounding area. Similarly, it is not considered that it would have a detrimental impact on the Landscape Conservation Area, or that it would impact significantly on the views into and out of the nearby AONB. Consequently it is considered that the proposal conforms to policies B8, B10, B22 and B25 of the GUDP.

General and residential amenities 5.25 Policy B23 requests that consideration is given to the effect of the proposal on nearby residential amenities. Furthermore, concern has been expressed by objectors regarding overlooking and loss of privacy. There are dwelling houses located around the site and one house, namely Hunter’s Moon, is encircled by the application site. The proposal contains several balconies and windows. The design has taken into PWYLLGOR CYNLLUNIO DYDDIAD: «Planning_Ctte_Date» ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD GWYNEDD

consideration the location of adjacent houses and measures have been included within the design to reduce the effect of the proposal on those houses. The balconies on the western side are in a direction facing away from the nearby dwellings, towards the sea. On the eastern side it is proposed to use vertical louvres in order to direct views away from adjacent dwellings. As part of the application the applicant submitted a daylight and sunlight amenity assessment. This assessment concludes that there would be loss of aerial visibility; however, the windows would still receive sufficient levels of daylight, either individually or through the distribution of sky light within the room which the windows serve. It is considered that some of the windows in Hunter’s Moon would not meet the daylight guidelines. However, it appears from the assessment that there are circumstances that are not associated with the proposed development that contribute to this. This includes the fact that there is a balcony/canopy above one window and the fact that there are evergreen trees on the boundary between the site and the property which contributes to the loss of light to other windows, and the fact that the assessment cannot take account of such vegetation. The assessment then concludes that the proposal would not have a material effect on sunlight amenities and that the development would not have an unacceptable impact on the occupants of nearby dwellings. It must also be borne in mind that hotel use currently exists on the site and that there is an existing building on the land. Effort has also been made to sink the proposal into the ground to reduce its impact. Having weighed up the information to hand along with the location of the nearby houses in relation to the proposed development it is not considered that the proposed development would impact significantly on the amenities of the adjacent houses. Therefore, it is not considered that the proposal would cause significant harm to the amenities of the residents of nearby houses or the local neighbourhood and as a result, the proposal is considered acceptable in respect of Policy B23.

Transport and access matters 5.26 The development would use the existing vehicular access to the county road, but there would be adaptations to the entrance to the car park. The proposal would include a parking area for a total of 62 vehicles, including five disabled parking spaces. It is also proposed to have bicycle parking facilities. Contrary to the current arrangement where all the parking spaces are to the front of the building, the proposed development would include parking spaces to the rear of the property. The Transportation Unit was consulted on the application. The observations note that the proposal uses an existing access which serves a private road and it is confirmed that the access is acceptable. The observations also state that it is proposed to have 62 parking spaces, and in accordance with the guidelines of CSS Wales one space is required for every bedroom in the hotel, and one space for every flat with 1-2 bedrooms, therefore the provision offered is acceptable. Parking for staff should also be considered and a parking space for HGV vehicles servicing the site. A turning and reversing space is shown to the rear of the development which appears to be acceptable for HGVs. No information was submitted regarding the number of staff, however, it is believed that the location is accessible and it is presumed that a percentage of the staff would be likely to depend on other forms of transport to the site. It is therefore considered that the proposal is acceptable in respect of policies CH33 and CH36 which relate to road safety and parking.

Biodiversity matters 5.27 The applicant submitted a revised ecological assessment and a bat mitigation strategy (March 2013) with the application. The Biodiversity Unit and Natural Resources Wales were consulted on the application. The observations state that the surveys submitted are very comprehensive and they have found that there are bats using the building. The surveys submitted suggest mitigation measures for dealing with the PWYLLGOR CYNLLUNIO DYDDIAD: «Planning_Ctte_Date» ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD GWYNEDD

loss of a roost, which would include building a new roost in the north-eastern part of the site. The Biodiversity Unit is happy with this provision and the details of the timing of creating the new roost in the context of demolishing the existing building are included in the report that was submitted. The Biodiversity Unit is keen to include a condition to ensure that mitigation measures and the timing are followed in accordance with the details submitted in part 5.0 of the ecological report. As a result, it is considered that the proposal is acceptable in respect of policy B20 of the GUDP.

5.28 There are trees on and in close proximity to the site which are the subject of a tree preservation order. An arboriculture survey was submitted as part of the application. The Trees Unit states that the trees report submitted is of a high standard. In order to ensure that the development does not affect the trees, the Trees Unit suggests conditions to impose on any planning permission. As a result of the above, it is considered that the proposal is acceptable in respect of policy B19 of the GUDP.

Sustainability matters 5.29 As part of the application a BREEAM assessment was received for the hotel element, and a Code for Sustainable Homes assessment was received for the apartments element. The Code for Sustainable Homes assessment shows that it is anticipated that the units would achieve a score of 60.07% which is sufficient to reach level 3. The BREEAM assessment gives a performance score of 57.07% which is sufficient to achieve a very good grade. Conditions will be needed on any planning permission to ensure compliance with the requirements of BREEAM and the Code for Sustainable Homes and if this is done, it is considered that the proposal is acceptable in relation to Policy C7 of the GUDP which relates to building in a sustainable manner.

Archaeological Matters 5.30 The observations received from the Gwynedd Archaeological Planning Service state that discussions took place with the applicant before the application was submitted and that the potential for archaeological deposits on the site is very low, therefore there was no need for an archaeological assessment as part of the application. However, the building is of some historical interest as an Edwardian residence, and for its contribution to the tourism industry in the 20th century, and demolishing it would represent a loss to the historic built environment. They have no objection to the proposal but they recommend imposing a condition for completing an archaeological record before commencing the development. As a result, it is considered that the proposal is acceptable in respect of policy B7 of the GUDP.

Relevant planning history 5.31 In 2006 permission was granted to application C06D/0275/39/LL for demolishing a hotel and building a 35 bedroom hotel with a restaurant and a health spa. This permission was not carried out but it should be noted that it was for a five-storey building, but which had a smaller footprint than that of the current application.

Response to the public consultation 5.32 Consideration has been given to all the observations received which were based on planning matters in the above assessment of all the relevant planning considerations.

6. Conclusions:

6.1 It is considered that the development, from the perspective of having a new hotel on this site, is acceptable with respect to the relevant policies noted above, and having weighed up the matter it is considered that the location, design, finish and form of the development are acceptable. The development is also likely to have a positive impact PWYLLGOR CYNLLUNIO DYDDIAD: «Planning_Ctte_Date» ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD GWYNEDD

on the local economy and it is not considered that it would have a detrimentally harmful impact on the amenities of the area or on neighbouring residents.

6.2 Policy CH4 highlights the need for a proportion of the units on an unallocated site within the development boundary of a village such as Abersoch to be affordable units which meet a local need. If it is not intended to provide affordable housing on the site, then it should be proved that this would not be appropriate. In considering the provision of affordable housing, consideration will need to be given to the suitability of the site, the economics of the provision, specific costs associated with developing the site and the need to consider whether providing affordable housing would impact on the ability to realise other planning objectives. As part of the application the applicant submitted financial reports to try and demonstrate that it would not be viable to provide affordable housing on the site, or to provide a financial contribution towards affordable housing. The Council commissioned Andrew Golland Associates to make an assessment of the viability of the proposal and assess whether the development could contribute an element of affordable housing or a financial contribution. This report and a follow-up report concluded that the applicant had not submitted firm evidence to prove his case, and that the scheme should therefore include an element of affordable housing on the site or a financial contribution. The applicant has now offered a financial contribution of £150,000 towards affordable housing provision off the site. Whilst the financial contribution is to be welcomed, this contribution does not reflect what we would have expected as a financial contribution equivalent to the development value of approximately 6 (30%) affordable houses expected as part of the development. Therefore, owing to a lack of appropriate and realistic evidence of the actual value of the development from the applicant and the fact that the offer made is significantly lower than what would be expected on the site as a contribution towards affordable housing on the site, it is not considered that the application complies with the requirements of Policy CH4 of the GUDP. The Committee decided on 19 May 2014 to defer making a decision on the application to seek more of a contribution towards affordable housing. The applicant was contacted in relation to this and his response is awaited by the time of the Committee.

6.3 In reaching a decision on this application, we must weigh up a number of relevant planning considerations. It must be acknowledged that there would be benefits to this development, including economic benefit. We must also acknowledge the need for affordable housing in the area and the problems that exist with the affordability of houses in the area. Paragraph 2.1.2 of Technical Advice Note 23: Economic Development states that there will be occasions when social and environmental considerations will outweigh economic benefit and that the decision in each case will depend on the specific circumstances and the planning authority’s priorities. It must be acknowledged that the applicant has provided evidence which shows that the development would be a significant investment for Abersoch and that there will be significant economic and social benefits arising from this for Abersoch, the Llŷn Peninsula and Gwynedd.

6.4 Despite the economic benefits arising from the development, the provision of affordable housing is a priority for the Council in particular in an area such as Abersoch. In this case, having weighed up all the material planning considerations, as there is no firm evidence to justify the applicant’s case regarding viability matters, it is considered that the financial contribution offered towards affordable housing is not adequate. Therefore, it is considered that the provision for affordable housing as a part of this development is unacceptable and that this consequently outweighs the PWYLLGOR CYNLLUNIO DYDDIAD: «Planning_Ctte_Date» ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD GWYNEDD

economic benefits that would arise from the development. It is therefore considered that the development does not comply with the GUDP.

7. Recommendation:

To refuse – reasons There is no evidence which proves that it would be viable for the scheme to include an element of a contribution towards affordable housing and the financial contribution offered is insufficient and, therefore, the proposal is contrary to Policy CH4 of the GUDP and Supplementary Planning Guidance: Affordable Housing (November 2009).

PLANNING COMMITTEE DATE: 16/06/2014 REPORT OF THE SENIOR PLANNING AND ENVIRONMENT SERVICE MANAGER CAERNARFON

Number: 3

Application Number: C13/0920/17/LL Date Registered: 21/11/2013 Application Type: Full - Planning Community: Llandwrog Ward: Groeslon

Proposal: ERECTION OF A WIND TURBINE 20.5M TO HUB, TOTAL HEIGHT OF 27.1M TO BLADE TIP Location: PARC LLANFAIR, DINAS DINLLE, CAERNARFON, LL54 5TW

Summary of the TO REFUSE Recommendation:

1. Description:

1.1 The aim of this application is to erect a wind turbine that will measure 20.5m to the hub and 27.1m to the tip of the blade. It would be set on a concrete foundation measuring 5.5m x 5.5m and would have a width of 0.88m at its base and 0.37m at the top. It is proposed to paint the turbine in a matt grey colour and install a 1.2m high wire and post fencing around the base. An underground cable would run from the turbine to the Parc Llanfair house, approximately 300m away.

1.2 The turbine would have the potential to generate a power output of up to 15kW and it would be located on agricultural land just under 1km to the south of the two existing turbines located at Caernarfon airfield. The village of Dinas Dinlle is approximately 1.1km to the south of the site and the following land designations are operational in the area:

 Llŷn AONB and Heritage Coast approximately 7km to the south  Anglesey AONB approximately 4km to the north-west  The Foryd Local Nature Reserve and SSSI approximately 1.4km to the north- west  The Menai Straits and Conwy Bay Special Area of Conservation (SAC) within 3.5km  Abermenai/Aberffraw SAC (including the Newborough Warren National Nature Reserve and SSSI) which is 3.5km to the north-west  Glynllifon SAC, 3km to the south-east  Fort Belan Grade 1 Listed Building, 2.8km to the north  Morfa Dinlle Geological SSSI 2.5km to the west.

1.3 The applicant has submitted the following documents to support the application:

 Design and Access Statement  Site Survey  Acoustic report  Noise impact assessment  Ecological report  Bird report PLANNING COMMITTEE DATE: 16/06/2014 REPORT OF THE SENIOR PLANNING AND ENVIRONMENT SERVICE MANAGER CAERNARFON

 Landscape and visual impact assessment  Flood consequence assessment  Applicant’s Statement  Aviation Assessment

1.4 LANDMAP information gives the landscape a moderate value and describes it as quite insignificant landscape between undulating agricultural land and the coast but with a high visual value because of the views towards the coast, the mountains and Anglesey.

1.5 The application has been screened for an Environmental Impact Assessment under the Town and Country Planning (Environmental Impact Assessment) (Wales and England) Regulations 1999 (as amended). The proposal does not fall within any development criteria in Schedule 1 but it does fall within the development description under Part 3(I) to Schedule 2, Installations to use wind energy in order to generate energy (wind farms), in that the development includes the installation of more than two wind turbines; or that the height of any wind turbine or the height of any other structure is greater than 15 metres.

1.6 Having assessed the likely impact of the proposal on the environment using the selected criteria in Schedule 3 as well as the guidelines in the Welsh Office Circular 11/99, it is considered that the impact of the development on the environment is insufficient to justify submitting an environmental statement with the planning application.

1.7 This application was originally submitted to the Committee on 3 March, 2014 but it was deferred before the discussion as late additional information had been received relating to the safety of the nearby airfield, and further work was therefore required to investigate the matters that had been raised.

2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009:

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

STRATEGIC POLICY 3 – BUILT AND HISTORIC HERITAGE The area’s built and historic heritage will be protected from development that would significantly harm it, and new developments in historic areas will be expected to conform to particularly high design standards which will maintain or improve their special character. PLANNING COMMITTEE DATE: 16/06/2014 REPORT OF THE SENIOR PLANNING AND ENVIRONMENT SERVICE MANAGER CAERNARFON

STRATEGIC POLICY 9 – ENERGY Development proposals to provide energy from renewable sources will be approved provided they do not significantly harm the environment or the amenities of nearby residents.

POLICY A3 – PRECAUTIONARY PRINCIPLE Refuse proposals if there is any possibility of serious or irreversible damage to the environment or the community unless it can be shown conclusively at the end of an appropriate impact assessment that the impact can be negated or mitigated.

POLISI B3 – DEVELOPMENT AFFECTING THE SETTING OF LISTED BUILDINGS Ensure that proposals have no impact on the setting of Listed Buildings unless they conform to a series of criteria aimed at safeguarding the special character of the Listed Building and the local environment.

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

POLICY B8 – THE LLŶN AND ANGLESEY AREAS OF OUTSTANDING NATURAL BEAUTY Safeguard, maintain and enhance the character of the Areas of Outstanding Natural Beauty by ensuring that proposals conform to a series of criteria aimed at protecting recognised features.

POLICY B13 – PROTECT THE OPEN COASTLINE Protect the open coastline by ensuring that proposals are not permitted unless they conform to a series of criteria aimed at avoiding significant damage to the natural features of the coast.

POLICY B15 – PROTECTION OF INTERNATIONAL NATURE CONSERVATION SITES Proposals that are likely to cause significant harm to nature conservation sites of national importance will be refused unless they meet a series of criteria that aim to safeguard, enhance and manage the nature conservation features of the sites.

POLICY B16 – PROTECTING NATIONALLY IMPORTANT NATURE CONSERVATION SITES Proposals that are likely to cause significant harm to nature conservation sites of national importance will be refused 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 Proposals that are likely to cause significant harm to sites of regional or local significance will be refused unless they conform to a series of criteria aimed at protecting, promoting and managing the sites’ recognised features.

POLICY B20 – SPECIES AND THEIR HABITATS THAT ARE INTERNATIONALLY AND NATIONALLY IMPORTANT Proposals that are likely to cause unacceptable disturbance or harm to protected species and their habitats will be refused unless they can conform to a series of criteria aimed at safeguarding the recognised features of the site. PLANNING COMMITTEE DATE: 16/06/2014 REPORT OF THE SENIOR PLANNING AND ENVIRONMENT SERVICE MANAGER CAERNARFON

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 B29 – DEVELOPMENTS ON LAND AT RISK FROM FLOODING Manage specific developments in the C1 and C2 flood zones and direct such developments towards suitable land in zone A unless they comply with a schedule of criteria that seek to protect the recognised features of the site.

POLICY B33 – DEVELOPMENT THAT CREATES POLLUTION OR NUISANCE Protect public health, safety or amenities, or the quality of the built or natural environment as a result of higher levels of pollution.

POLICY C26 – WIND TURBINE DEVELOPMENTS Proposals for wind turbine developments on sites within the Llŷn AONB will be refused. In other locations, only proposals for small-scale or community or domestic based wind turbine developments will be approved provided that a series of criteria can be met that relate to the effect on the visual quality of the landscape and environmental and social factors.

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

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

Supplementary Planning Guidance – Onshore Wind Energy (Consultation Draft, December 2012)

2.3 National Policies:

Planning Policy Wales, Welsh Assembly Government (Fifth edition, November 2012)

Technical Advice Note (Wales) 5, Welsh Assembly Government: Nature Conservation and Planning (September 2009)

Technical Advice Note (Wales) 8, Welsh Assembly Government: Renewable Energy (July 2005)

Technical Advice Note (Wales) 11, Welsh Assembly Government: Noise (1997)

Technical Advice Note (Wales) 12, Welsh Assembly Government: Design and Access Statements (2009)

Technical Advice Note (Wales) 15, Welsh Assembly Government: Development and Flood Risk (2004) PLANNING COMMITTEE DATE: 16/06/2014 REPORT OF THE SENIOR PLANNING AND ENVIRONMENT SERVICE MANAGER CAERNARFON

Landmap Information Advice Note, Countryside Council for Wales, Number 3 – Landscape and Visual Assessment of Onshore Wind Turbines (June 2010).

Circular 61/96 Planning and the Historic Environment

3. Relevant Planning History: None

4. Consultations:

Airwave Solutions Ltd Not received

Wales Air Ambulance Not received

Arquiva on behalf of the No objection BBC and ITV transmission network

Atkins Global on behalf No objection. of Welsh Water Telecoms

Civil Aviation Authority No specific observations – emphasise the importance of consultation with the Ministry of Defence, NATS and the Airfield. They note that site operators are responsible for offering specialist advice regarding the potential effects on the facility.

BBC Spectrum Planning Not received

Bristow Helicopters Ltd. Not received

CADW No objection.

Crown Castle Not received

Defence Infrastructure No objection – Observations for the developer Organisation

Welsh Water Not received

Natural Resources Wales No objection. Flood Consequence Assessment was acceptable to them. They accept the ecological report but emphasise that there is a need to ensure that the recommendations are realised. Observations provided for the developers. No objection based on the effects on landscape features of national importance but emphasise that full consideration must be given to local impacts, impacts on the Anglesey AONB and cumulative impacts.

Community Council To refuse PLANNING COMMITTEE DATE: 16/06/2014 REPORT OF THE SENIOR PLANNING AND ENVIRONMENT SERVICE MANAGER CAERNARFON

Turbines should be restricted to the land of the airfield. Concern regarding the impact of the decision to re-locate the Air Rescue Service.

Isle of Anglesey County Observations provided that full consideration should be given to Council the impact on the Anglesey AONB, including the cumulative impact.

Gwynedd Archaeological No response Planning Service

JRC on behalf of Scottish No objection. Power

Caernarfon Airfield Refuse. A danger for aeroplanes and helicopters because it would change bird swarming patterns, turbulence and it would create an obstruction / distraction for pilots.

NATS Safeguarding No objection - Observations for the developer

Snowdonia National Park Not received

RSPB No observations.

Spectrum Licensing No observations. on behalf of Ofcom

Conservation Officer No objection – due to its distance from the Fort Belan listed building, it is not considered that the proposal would affect its setting.

AONB Unit There will be no negative impact on the Llŷn AONB.

Biodiversity Unit The turbine is of a comparatively small size and the location is not close to habitats that are important to bats or birds. No Biodiversity concerns.

Transportation Unit: No objection.

Public Protection Unit An original objection due to an insufficient noise report but as a result of receiving more information, they confirm that the development would be acceptable and they propose appropriate conditions.

Public Consultation: A notice was placed in the press and on the site and nearby residents were informed. This advertising period ended on 17 October 2013.

18 items of correspondence were received during the consultation period. Two offered observations on the plan and 16 objected to the application: PLANNING COMMITTEE DATE: 16/06/2014 REPORT OF THE SENIOR PLANNING AND ENVIRONMENT SERVICE MANAGER CAERNARFON

Objections

Health issues  Too close to houses and the turbine should be located closer to the Airfield and further away from houses.  It would be harmful to health as a result of low frequency noise.  Negative impacts on health and the tranquillity of neighbouring residents because of noise.  TAN 8 states that turbines should be 500m away from houses – the turbine would be 200m away from the nearest house.  A danger to pilots, Air and Sea Rescue service crews and other users of Caernarfon Airfield.  A concern regarding the health impacts of shadow flicker.

Noise  The validity of the Acoustic Report is questioned as the figures were very similar to those in a report by the same company about another location.  Concern that the noise assessment was received late, after the end of the consultation period.  The noise will impact on the tranquillity of those who use the coastal path.  A concern regarding the health impacts as a result of noise.  The noise report is not independent and it does not use the appropriate assessment.  The noise assessment does not refer to the right type of turbine.

Visual Amenities  Harmful to the visual amenities of neighbouring properties.  Harmful to the visual amenities of the area, in particular the views of Snowdonia from the beaches in Anglesey such as Llanddwyn. It would destroy a special landscape.  The turbine is too high for the site.  The visual impact study is insufficient.  There would be a cumulative visual impact as a result of the existing turbines nearby.  The visibility report does not comply with TAN 8.  The amenities of the area would be dominated by wind turbines.  Concern that the study of visual impacts had been completed before the two turbines were erected on the airfield.  The colours proposed are unsuitable – they should satisfy aeroplane safety requirements.

Ecological impacts  A danger to birds and bats.  Close to the RSPB’s nature reserve. PLANNING COMMITTEE DATE: 16/06/2014 REPORT OF THE SENIOR PLANNING AND ENVIRONMENT SERVICE MANAGER CAERNARFON

 A general danger to wildlife.  The validity of the ecological report is questioned; the ecological report is not suitable, accurate or independent.  A concern that some results of the ecological report are confidential.  A concern regarding the change in bird flight patterns because of the turbine and the danger that this will cause to aeroplanes and helicopters.

Policy  Onshore wind turbines are contrary to national policy.  The risk of setting a precedent meaning that there will be more similar developments in future.  The two turbines that are in the Airfield should not set a precedent for further such developments.  There would be no benefit to the local community.  There are six additional dwellings within 1km of the site to what is suggested in the DAS (which mentions 8).  The site is on a flood plain.  The development would generate more electricity than domestic needs require.

Other  Concern regarding impacts on television and mobile phone signals.

Observations that are not planning considerations  Approving the development would reduce the value of neighbouring properties.  Land ownership as indicated on the plans is incorrect.  The development would only be for the benefit of a holiday home owner.  The development would be detrimental to the tourism industry and therefore have a negative impact on employment.

5. Assessment of the material planning considerations:

Principle of the development

5.1 Technical Advice Note 8: Renewable Energy (2005) considers the contribution of wind turbines for generating electricity to be a national requirement and is one of the principal aims of the Welsh Government’s energy policy. The Welsh Government is of the opinion that wind power offers the greatest potential, in the short term, to increase electricity generated from renewable sources.

5.2 TAN 8 also notes that there is a need to ensure that developments do not affect AONBs or National Parks. However, it also notes that small-scale or community or domestic based developments could be acceptable dependent on all other material planning considerations. PLANNING COMMITTEE DATE: 16/06/2014 REPORT OF THE SENIOR PLANNING AND ENVIRONMENT SERVICE MANAGER CAERNARFON

5.3 The draft version of the Supplementary Planning Guidance “Onshore Wind Energy” was subject to a public consultation last year, but as the Council had received observations regarding key parts of it and as changes have been proposed (that have been the subject of another public consultation) we cannot lend much weight to this document at present.

5.4 No Strategic Search Areas have been identified in Gwynedd due to the proximity of national designated areas such as Snowdonia National Park and the AONB. Therefore, any development must be assessed on the basis of policy C26 which deals specifically with wind turbine developments, as well as the other relevant planning policies of the Unitary Development Plan. Policy C26 restricts wind turbine developments to small-scale, community or domestic based schemes. The policy explanation describes community or small-scale wind turbine developments as developments with the capacity to generate less than 5MW.

5.5 In accordance with the objectives of Strategic Policy 9 of the UDP, the local planning authority is supportive in principle of plans to generate renewable energy with wind turbines, subject to consideration of all relevant planning issues. As noted above, a number of policies within the Gwynedd Unitary Development Plan are relevant when determining an individual application. The main policy to consider in assessing the principle of this development, which is an application for one wind turbine measuring 27.1m to the tip of the blade, is policy C26 of the UDP which is discussed below.

5.6 Policy C26 of the Development Plan relates to ‘Wind Turbine Developments’ and states that ‘proposals for wind turbine developments within the Llŷn AONB will be refused. In other locations, only proposals for small-scale or community or domestic based wind turbine developments will be approved, provided that all of the noted criteria are met.’ The criteria state:

1) that the development would not have a significant detrimental impact on the setting of the Llŷn or Anglesey AONBs or the Snowdonia National Park; 2) that any associated ancillary developments…are designed and, where possible, sited so as to alleviate their potential visual impact; 3) that the development (either individually or combined with other wind turbine developments) will not have a significant detrimental impact on the landscape or nature conservation features; 4) that there are no unacceptable potential environmental impacts or effects on amenity arising from the wind turbines including noise, light reflection and shadow flicker; 5) that the development will not create significant electromagnetic interference to existing transmitting or receiving systems that cannot be adequately mitigated; 6) that adequate provision has been included in the scheme regarding the decommissioning…, restoration and after-care of the land…; 7) that the development will not cause significant harm to areas of archaeological importance, particularly within or near designated areas.

5.7 In this context, it is considered that all the criteria of policy C26 are relevant and they are addressed below, along with other relevant planning policies in this report.

5.8 The explanation to Policy C26 states that domestic wind turbines should only have a power output that is proportionate to the energy consumption requirements of the development. The Applicant’s Statement explains that the family is trying to re- establish a farm business on the 30 acre holding and the electricity produced by the turbine would assist them to meet this objective by using a natural resource that is available on the site. PLANNING COMMITTEE DATE: 16/06/2014 REPORT OF THE SENIOR PLANNING AND ENVIRONMENT SERVICE MANAGER CAERNARFON

The main matters of this application are the impact of the proposed development on:

Impact on the use of Caernarfon Airfield

5.9 Policy CH27 of the Unitary Development Plan states that proposals that are likely to have an unacceptable impact on the ability of Caernarfon Airfield to operate safely and effectively will be refused. In response to the statutory publicity on the application, a number of letters drew attention to the potential to create a danger to aeroplanes and helicopters that use the site, which could possibly risk the decision to bring the Air and Sea Rescue Service to the Airfield.

5.10 According to the document ‘Protecting Safeguarded Surfaces’ produced by the managers of Caernarfon Airfield as part of their registration process with the Civil Aviation Authority, the site of the proposed turbine is in a location known as an ‘internal horizontal surface’ where it is not a requirement for the LPA to consult with the Airfield with regard to any structure below 45m high. The purpose of this document is to ensure that aeroplanes using the airfield are safeguarded. However, an objection to the application was received from the manager of the Airfield, who expressed concern that a turbine at this site would cause danger for air vehicles, particularly helicopters that travel to the airfield from a southerly direction. There are three main reasons for this concern, namely:

1. A possible change in bird flight patterns that could propel the bird flying route from the area of the proposed turbine to the final landing path for landing strips 02 and 07 in the airfield. Copies of observations by the Airfield’s owner were sent to NRW, the Biodiversity Unit and the RSPB and none of them had observations to make regarding the matter. 2. Uncertainty regarding the effect of air turbulence on the safety of air vehicles because of a lack of information with the application. 3. Risk of collision, or at least a distraction to pilots’ attention.

5.11 Since this matter was included on the agenda of the Planning Committee on 3 March 2014, the Manager of Caernarfon Airfield has provided further evidence in relation to the dangers he assumes will result from the development, including confirmation from three pilots that use the airfield regularly, who work for the Wales Air Ambulance, Bristows Company (a Search and Rescue Service) and North Wales Police, stating that they anticipate an increased danger for the users of the airfield as a result of the turbine. The manager himself is an experienced pilot and he states that he has concerns regarding the safety of the development. The Civil Aviation Authority’s policy (CAP 764 – CAA Policy and Guidelines on Wind Turbines) emphasises that the Airfield Manager is the competent person to advise on the facility’s established amenity, and that his evidence should be accepted as expert evidence. However, any observations must be based on robust evidence.

5.12 In response to this evidence an Aviation Assessment was provided by a specialist aviation company on behalf of the applicants, claiming that no robust evidence has been provided by the Manager of the Airfield, or by those who have declared their support to him, and that therefore their objection is not valid. The report comes to the following conclusions:

 The assessment shows that the proposed turbine is located in a position that complies with the policies of the Civil Aviation Authority (CAA) and that there would be no effect on Caernarfon airfield. PLANNING COMMITTEE DATE: 16/06/2014 REPORT OF THE SENIOR PLANNING AND ENVIRONMENT SERVICE MANAGER CAERNARFON

 In terms of air turbulence, the CAA’s guidelines suggest that there would be no effect by turbine blades on distances that are more than 16 times the diameter of the blades (namely 210m in this case). The nearest part of the airfield is over 400m away from the turbine, therefore the airfield’s activities are safe from its effects.  Common winds in the area indicate that the vortex of the turbulence would travel parallel to, and outside the boundary of the airfield.  This turbine would cause less air turbulence than those that are already located on the airfield.  The evidence provided by the airfield and the pilots of the Wales Air Ambulance and Bristows does not meet the CAA’s requirements in terms of being robust evidence.  The evidence submitted by the pilot for the Police is based on incorrect information and the police’s guidelines allow flying in areas that contain structures of this size – the helicopter would usually be in operation far from the turbine.  Microlight aeroplanes usually fly at a level of 500 feet, therefore there would be no effect on them or on flight activity in general.  The distance of the proposed turbine from the operational areas of the airfield is similar to the distances from the airfield’s existing turbines.  The location of the turbine corresponds with the CAA’s guidelines in respect of avoiding areas where aeroplanes are in operation.  There is no evidence that there would a change in bird flight paths as a result of this small turbine. There is a greater concentration of birds on the airfield, or closer to it.  There would be no danger from the proposed turbine.

5.13 Whilst officers acknowledge the content of the Aviation Assessment and also acknowledge the concern that the evidence provided by the Airfield’s Manager in his objection to the application is, on the whole, weak, the CAA’s advice must be taken into consideration. The CAA confirms that the Airfield Manager is the competent person to provide expert observations on applications that are adjacent to airfields. The Manager’s statement that he believes, as an experienced pilot, that safety concerns would derive from the development, is in itself strong evidence that must be given due consideration.

5.14 NATS Safeguarding and Defence Infrastructure Organisation on behalf of the Ministry of Defence stated that they had no objection to the development, and the Civil Aviation Authority had no specific observation on the development.

5.15 Having considered the above, and in the context of the two accidents that have happened in the Airfield over the past year (one on 15 May this year), it is essential that we take a precautionary approach when dealing with applications, especially when safety concerns have been raised by a competent person. This is in accordance with the requirements of Policy A3 of the UDP.

5.16 Policy CH27 of the UDP also states that proposals that are likely to have an unacceptable impact on the ability of Caernarfon Airfield to operate safely and effectively will be refused. The explanation to the policy confirms that it is essential to control the location and scale of any development close to flight paths in order to avoid physical obstruction or distraction. The Airfield’s Manager has stated several times that the development would have a harmful effect on the facility’s ability to operate safely and effectively, and in light of his continuing objection to the PLANNING COMMITTEE DATE: 16/06/2014 REPORT OF THE SENIOR PLANNING AND ENVIRONMENT SERVICE MANAGER CAERNARFON

development, it is therefore considered that the development does not meet the requirements of Policy CH27. Officers acknowledge that both the applicant and the airfield’s operator have presented a reasonable argument – and following the advice of the Civil Aviation Authority, weight must be afforded to the observations of the Airfield Manager as the competent person. Although the observations do not offer robust evidence, their contents are considered adequate to be able to reasonably question the effect of the proposal in terms of ensuring that the airfield can continue to operate safely and effectively. Therefore, taking a precautionary approach, it is considered that the proposal is contrary to policy A3 and CH27 of the UDP.

Visual Amenities and the Landscape

5.17 The character and nature of the landscape is defined by LANDMAP work (Countryside Council for Wales). From a LANDMAP visual and sensory landscape aspect, the site of the application is located within the Menai Coastal Landscape Character Area. This area is the narrow belt of land near the coast between Dinas Dinlle and Bangor outside the urban area of Caernarfon and its main features are identified as:

• a range of various landscape types – woodland, educational, historical, nature conservation, commercial airfield; • a diverse pattern of landscape reflecting the land use; • the main feature is the visual and sensory influence of the sea – the tide, winds, movement patterns; • there is a range of marginal features.

5.18 The site itself is not subject to any statutory or local landscape restrictions. The proposed wind turbine would be located approximately 7km to the north of the Llŷn AONB and 4km south of the Anglesey AONB. Policies B8 and C26 of the Unitary Development Plan are relevant to wind turbine developments near AONB designations, along with aim NA2 of the Llŷn AONB Management Plan which seeks to protect, maintain, enhance and monitor important elements in the landscape, the landscape in its entirety and associated views.

5.19 The applicant has submitted a landscape and visual assessment in order to assess the impact of the proposal from different perspectives around the area and on views in and out of the Llŷn and Anglesey AONBs along with the impact on the historic landscape including the setting of the Fort Belan Grade 1 listed building.

5.20 The visual assessment includes LANDMAP records of visual and sensory information for Morfa Dinlle, the beach and surrounding sand dunes and for the Foryd estuary. The assessment includes consideration of the visual impact and the effects on the landscape which is supported by montage images. This provides a valuable tool to assess the impacts of the development on local receptors, along with the impacts on the surrounding landscape within the broader context. The assessment was completed prior to erecting the two existing turbines on the Airfield site, which measure 45m to the tip of the blades, however, the report gives consideration to the potential cumulative impact of those turbines together with others that exist, or that are proposed within approximately 10km to the site.

5.21 The assessment suggests that the erection of one medium sized turbine within the landscape would have the potential to be detrimental in local terms but, given that the landscape quality is moderate in the Character Area recognised by LANDMAP and PLANNING COMMITTEE DATE: 16/06/2014 REPORT OF THE SENIOR PLANNING AND ENVIRONMENT SERVICE MANAGER CAERNARFON

that negative features are already in existence, it is not considered that the site is sensitive compared with the more notable areas of the county. The assessment concludes that the development would not substantially affect the local landscape and that the impact on the broader landscape would be small.

5.22 In this case, NRW states that, although there will be various scales of visual impacts from several perspectives, they do not consider that the magnitude of the impact in question is sufficiently large to justify an objection based on the visual impact and the impact on the landscape.

5.23 In response to the consultation on the application, Gwynedd Council’s AONB Officer noted, having considered the type and scale of wind turbine in question, and its distance from the boundary of the designation, that the proposal would not have an adverse effect on the Llŷn AONB or on views into/out of the designation. The visual assessment shows that the turbine would be visible from the Anglesey AONB, but due to the relatively small size of the turbine and the expanse of the scenery, the development would not cause a significant negative impact. Anglesey County Council have offered a comment on the proposal but they do not object on the grounds of any negative impact on the Anglesey AONB.

5.24 The cumulative impact is also a consideration as two, substantially larger (45m to the tip of the blades) turbines are within a kilometre of the site. Having said this, due to the relatively small size of the turbine under consideration, its presence would not lead to an unacceptable cumulative impact or substantially add to the existing impact on the wider landscape.

5.25 In terms of the visual impact and the impact on the landscape, it is considered that the proposed development is unlikely to have a significant detrimental impact on the setting of the Llŷn and Anglesey AONBs or have a significantly harmful effect on the wider landscape, including the open coast. Therefore, the proposal complies with Strategic Policy 2, Policy B8, B13 and clauses 1 and 3 of policy C26 of the Unitary Development Plan.

5.26 The impacts of associated developments will be very small. The fence surrounding the base of the turbine will be agricultural in form and wires connecting to the network will be installed underground. It is therefore considered that the proposal complies with criterion 2 of policy C26.

Cultural Heritage

5.27 The site is located in an area that is rife with Scheduled Ancient Monuments but due to the relatively small size of the turbine, CADW does not consider that the development will have a detrimental impact on notable views of these monuments. None of the Scheduled Monuments are within 1km of the proposed site, and given the small footprint of the development, no unacceptable impact on the historical landscape is anticipated. The observations of the Gwynedd Archaeological Planning Service are awaited and it is hoped that they will have been received before the date of the Committee in order to submit the findings verbally. Based on the development’s footprint and the observations of CADW, it is considered that the proposal is in accordance with Policy B7 of the UDP.

5.28 The Fort Belan Grade 1 listed building is located less than 3km north of the proposed wind turbine but given the distance between the turbine and the listed building, and PLANNING COMMITTEE DATE: 16/06/2014 REPORT OF THE SENIOR PLANNING AND ENVIRONMENT SERVICE MANAGER CAERNARFON

also taking into account the scale of the existing infrastructure in the airfield, it is not considered that there would be a detrimental impact on the setting of Fort Belan. The Conservation Officer has confirmed that the proposal would not have any unacceptable impact on the setting of Fort Belan.

5.29 As a result of the above, it is considered that the proposal complies with Strategic Policy 3, Policy B3 and clause 7 of Policy C26 of the UDP.

Highway safety

5.30 The Transportation Unit is satisfied that traffic and transport in light of operations on the site will not have a detrimental impact on the safety of local roads. Therefore, it is considered that the plan complies with Policy CH33.

Noise, Moving Shadows and Residential Amenities

5.31 TAN 8 suggests that a distance of 500m between a wind turbine and a residential property is the norm but court cases have confirmed that a distance restriction should not be set in advance when considering such developments and the impact of every application should be considered individually. The next closest residential property to the proposed development is Brynford, which is located approximately 226m to the south-east, and there are five other residential properties within approximately 300m to the site.

5.32 TAN 8 suggests using the standards included in the British Government’s Department of Industry and Trade’s document, "ETSU-R-97 - Assessment and Rating of Noise from Wind Farms", which notes that noise level should be under 35dB(A) (or 5dB(A) louder than the background noise level if the level exceeds 35dB(A)) in order to safeguard the neighbouring residents from any significant interference in their day to day lives. The Noise Impact Assessment shows that 34.5dB LA90 would be the loudest noise to reach the nearest house and that levels would be low in the other residential properties. The noise report concludes that the noise level would not exceed 35dB LA90 in any of the neighbouring residential properties that have no financial interest in the scheme.

5.33 In order to mitigate any impact, the Public Protection Unit has confirmed that planning permission for a wind turbine development in this location should be subject to specific noise control and noise monitoring conditions.

5.34 No correspondence was received from the appropriate agencies to suggest that there will be any interference with electronic communication signals or other television and radio services in the area.

5.35 It is not considered that the proposal would have a detrimental impact on the amenities of neighbouring residential properties or on the amenities of the nearby caravan site; therefore, the development complies with policies B23 and B33 of the UDP and clauses 4 and 5 of Policy C26 of the UDP.

5.36 It is suggested that a condition be included on any planning permission in order to limit the duration of the permission and ensure that the site is restored when the wind PLANNING COMMITTEE DATE: 16/06/2014 REPORT OF THE SENIOR PLANNING AND ENVIRONMENT SERVICE MANAGER CAERNARFON

turbine ceases to be operational. This will ensure that there will be no long-term impact on the land in accordance with the objectives of clause 6 of Policy C26.

Flood Impact Assessment

5.37 The development is contained within a C2 Zone as noted in Flood Advice Maps in TAN 15. However, this type of development has not been listed as one of those that are more at risk of the impact of flooding. As a result of NRW’s response, a Flood Consequence Assessment was submitted that was acceptable by NRW subject to imposing a condition that the level of the electrical switch mechanism was at least 5.00m Above Ordnance Datum. In terms of flood risk, it is considered that this proposal would not have a detrimental impact and it therefore complies with the requirements of Policy B29 of the UDP and TAN 15.

Ecology and Biodiversity

5.38 There are many important nature sites in the area (within approximately 3km) including designated protected areas of local, national and international importance. Having said this, the site is not located within, or adjacent to, any wildlife designation and it is not considered that the impact of transportation or construction work associated with the wind turbine on the site will have a direct impact on the features of any protected site.

5.39 An Ecological Evaluation of the development was submitted with the application and the individual impacts deriving from it are considered below:

The impact on birds:

5.40 One of the main issues to be considered when looking at the landscape surrounding the site is the impact of the proposed development on birds. The Foryd is a SSSI of national importance for wild birds and wintering waders.

5.41 It is recognised that wind farms can have four main detrimental impacts on birds, namely:

 colliding into moving blades;  displaced from the area surrounding the wind turbines or kept away from their preferred habitats when no other suitable location is available;  disturbance due to the presence of the wind turbines, maintenance and construction work, movement obstruction and disturbing ecological connections such as feeding, breeding, flight paths, and;  change or loss of habitat.

5.42 A Birds Study Report was submitted and some of its main conclusions are as follows:

 there is no evidence to suggest that the development will affect birds that dwell on designated sites;  the value of the site itself for wintering birds is low;  it is considered that the risk of birds colliding with the blades is low; PLANNING COMMITTEE DATE: 16/06/2014 REPORT OF THE SENIOR PLANNING AND ENVIRONMENT SERVICE MANAGER CAERNARFON

 it is considered that the risk of the development disturbing the birds is low;  there will be some increased risk for the lapwings as they use the nearby fields;  there will be no significant cumulative impact on birds as a result of the presence of three turbines in the area.

5.43 The report concludes that no significant ornithological impacts would derive from the wind turbine that is the subject of this application.

5.44 The contents and conclusions of the report are acceptable to NRW and the Biodiversity Unit has no concerns regarding impacts on biodiversity.

Impact on bats:

5.45 The Ecological Evaluation includes a bat survey which concluded that there is a low/moderate risk of collision to one species of bats, namely the lesser common bat (Pipistrellus pipistrellus), and a low risk of collision to another four species, and the Evaluation includes mitigating measures to alleviate those concerns. The report concludes that, if mitigation measures are completed, there will be no long-term negative impacts on the features of the area for bat species. No concerns were raised by NRW or the Biodiversity Unit in terms of the potential impacts the proposal could have on the local bat population.

5.46 As a result, and based on the evidence submitted with the application and the observations of NRW and the Biodiversity Unit, it is not considered that the proposal would have any detrimental impact on nearby national and international nature reserve designations or on any protected species or their habitats. Therefore, it is considered that the development complies with Strategic Policy 2, policies B15, B16, B17, B20 and clause 3 of Policy C26 of the UDP, as well as the requirements of national planning policy.

Response to the public consultation

5.47 It is considered that the above assessment gives full consideration to the objections noted and it is considered that no matter outweighs the relevant policy considerations.

6. Conclusions

6.1 The proposed development is located on rough agricultural land that is not within the AONB or any other designated area. It is considered that the proposed development is acceptable in principle and in accordance with all the criteria of Policy C26 of the UDP. The particular policy of CH27 is in place to protect the amenity of Caernarfon Airfield, and adequate information has not been submitted to confirm or to prove that the proposed development would not have a harmful effect on the ability of Caernarfon Airfield to operate safely and effectively. Officers acknowledge that both the applicant and the airfield’s operator have presented a reasonable argument – and following the advice of the Civil Aviation Authority, weight must be afforded to the observations of the Airfield Manager as the competent person. Although the observations do not offer robust evidence, their contents are considered adequate to be able to reasonably question the effect of the proposal in terms of ensuring that the airfield can continue to operate safely and effectively. Therefore, taking a PLANNING COMMITTEE DATE: 16/06/2014 REPORT OF THE SENIOR PLANNING AND ENVIRONMENT SERVICE MANAGER CAERNARFON

precautionary approach, it is considered that the proposal is contrary to policy A3 and CH27 of the UDP.

7. Recommendation

7.1 To refuse – reason

1. Adequate information has not been submitted to prove beyond doubt that the proposed development would not have a harmful effect on the ability of Caernarfon Airfield to operate safely and effectively, therefore the proposal is contrary to policy A3 and CH27 of the UDP.

PLANNING COMMITTEE DATE: «Planning_Ctte_Date» REPORT OF THE SENIOR MANAGER - PLANNING AND ENVIRONMENT SERVICE GWYNEDD

Number: 4 PLANNING COMMITTEE DATE: «Planning_Ctte_Date» REPORT OF THE SENIOR MANAGER - PLANNING AND ENVIRONMENT SERVICE GWYNEDD

Application Number: C14/0002/16/LL Date Registered: 21/03/2014 Application Type: Full - Planning Community: Ward:

Proposal: APPLICATION FOR THE CHANGE OF USE OF EXISTING OUTBUILIDNGS USED AS OFFICE AND PHOTOGRAPHY STUDIO TO A RESIDENTIAL DWELLING TOGETHER WITH THE ERECTION OF EXTENSION AND NEW GARAGE AND EXTERNAL ALTERATIONS Location: YSGUBOR Y GELLI, LON Y WERN, TREGARTH, BANGOR, GWYNEDD, LL574AY

Summary of the REFUSE Recommendation:

1. Description:

1.1 This is an application for the change of use of existing outbuildings which are used as an office and photography studio to a residential dwelling, along with the erection of extensions and a new garage and creating external alterations.

1.2 The site is located on the outskirts of the village of Tregarth and approximately 140m outside the development boundary of the village; a cluster of three residential houses is located around the site. Access to the site is off the B4409 and then down a purpose-built access track through a small field. The site is located within 45m of the highway. The proposal site includes two stone buildings and the ruins of a small stone building. One of the buildings is two-storey and has already been converted into an office and photography studio under application nos. C04A/0182/16/LL and C07A/0004/16/LL. The one and a half storey building has also received planning permission for conversion into an office as part of the above applications but it has not yet been converted and now it is in a poor state of repair.

1.3 The boundary of the Tregarth Conservation Area runs through the site and, therefore, the outbuildings are located within the conservation area and the remainder of the adjoining yard is located outside.

1.4 After receiving an amended plan, the external changes include retaining the level of the ridge of the roof as a floor and a half and install a flat roof dormer window in the front of the building which faces the highway. The proposal is to retain the majority of openings in this building, except for replacing a door on the front elevation with a window, and install additional roof lights. It is intended to retain this part of the building of stone with a slate roof.

1.5 It is proposed to retain the majority of the openings on the two-storey building also, along with changing part of the opening on the eastern elevation from being a window and a door to being wide doors in the form of a patio. It is proposed to retain the roof lights. It is intended to keep this part of the building of stone, along with the existing timber boards and a slate roof but to add suspended slates also. PLANNING COMMITTEE DATE: «Planning_Ctte_Date» REPORT OF THE SENIOR MANAGER - PLANNING AND ENVIRONMENT SERVICE GWYNEDD

1.6 It is intended to erect a link extension between the two buildings in the form of a curve. This extension is partly two-storey and partly single-storey with a balcony above and external stairs leading to the balcony. The balcony is placed on the front of the building which faces the highway. The extension offers a flat roof with openings of a modern size and shape. It is proposed to finish the extension in a mixture of timber boards and suspended slates.

1.7 The total floor area of the existing buildings (including the crogloft) is 160.5m2. The total floor area of the proposal including the extension is 234.25m2.

1.8 The proposal also includes constructing a garage for two vehicles at the rear of the site on where currently is located the ruin of a small stone building. The garage measures 9m by 6.7m and 3m to the eaves. The garage measures 6.2m to the roof ridge. It is proposed to provide solar panels on the roof of this garage.

1.9 The following documents have been submitted as part of the application:

 An e-mail from an estate agent/business regarding the situation with the sale of the site, a copy of the advertisement on the internet, along with information regarding the number of enquiries received as a result of the marketing.  Design and Access Statement  Survey of protected species  A structural survey on the floor and a half building.  A BREEAM Report on the conversion of houses.

1.10 The agent has already received pre-application advice on this proposal and the requirements of the relevant policies noted below have been highlighted to him.

1.11 The application was submitted the Planning Committee on 19.05.2014; however the discussion on the application was deferred after amended plans and late information was received.

2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009:

POLICY B4 – DEVELOPMENTS IN OR AFFECTING THE SETTING OF CONSERVATION AREAS Ensure that proposals within conservation areas, or proposals that affect their setting, are refused unless they aim to maintain or enhance the character or appearance of the conservation area and its setting.

POLICY B20 – SPECIES AND THEIR HABITATS THAT ARE INTERNATIONALLY AND NATIONALLY IMPORTANT PLANNING COMMITTEE DATE: «Planning_Ctte_Date» REPORT OF THE SENIOR MANAGER - PLANNING AND ENVIRONMENT SERVICE GWYNEDD

Proposals that are likely to cause unacceptable disturbance or harm to protected species and their habitats will be refused unless they can conform to a series of criteria aimed at safeguarding the recognised features of the site.

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

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

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

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

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

POLICY C4 – ADAPTING BUILDINGS FOR RE-USE Proposals to adapt buildings for re-use rather than demolition will be approved provided they can conform to specific criteria relating to the suitability of the building, visual considerations, design and the impact on the vitality of neighbouring towns and villages.

POLICY CH12 – CONVERSION OF BUILDINGS IN RURAL VILLAGES AND OPEN COUNTRYSIDE FOR RESIDENTIAL USE Approve the conversion of buildings to residential use within rural villages and the countryside if a suitable economic use can be secured for the building, and that criteria relating to local need, affordability, impact on the character of the area and occupancy of the dwelling can be met.

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

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

POLICY CH36 – PRIVATE CAR PARKING FACILITIES Proposals for new developments, extensions to existing developments or change of use will be refused unless off-street parking is provided in accordance with the Council’s current parking guidelines, and having given due consideration to the accessibility of public PLANNING COMMITTEE DATE: «Planning_Ctte_Date» REPORT OF THE SENIOR MANAGER - PLANNING AND ENVIRONMENT SERVICE GWYNEDD transport, the possibility of walking or cycling from the site and the proximity of the site to a public car park.

Supplementary Planning Guidance: Affordable Housing (November 2009)

Supplementary Planning Guidance: Converting buildings in open countryside and in rural villages , November 2009

Gwynedd Design Guidelines

2.3 National Policies:

Planning Policy Wales – (Edition 6) 2014

Technical Advice Note 2: Planning and Affordable Housing (2006).

Technical Advice Note 12: Design (2009)

3. Relevant Planning History:

C04A/0182/16/LL – CONVERT OUTBUILDINGS INTO AN OFFICE AND PHOTPGRAPHIC STUDIO – APPROVED - 05.05.2004

C06A/0194/16/LL – CREATE A NEW VEHICULAR ACCESS (RE-SUBMISSION FOLLOWING A REFUSAL UNDER REFERENCE NO.C04A/0443/16/LL ) – REFUSED - 03.05.2006

C06A/0708/16/LL - CREATE A NEW VEHICULAR ACCESS, DEMOLITION OF EXISTING WALL AS CONSTRUCTED BY THE HIGHWAYS AUTHORITY ALONG THE SIDE OF THE ROAD AND ERECT A TRADITIONAL STONE WALL IN-KEEPING WITH THE CHARCTER OF THE SURROUNDING WALLS – APPROVED - 06.11.2006

C07A/0004/16/LL – AMENDED DESIGN REGARDING APPROVAL TO ADAPT A BUILDING FOR BUSINESS PURPOSES (CHANGE TO CONDITION 2 OF THIS PERMISSION) – APPROVED – 26.02.2007.

4. Consultations:

Community/Town Council: No response

Transportation Unit: It is assumed that the proposed development would not have a detrimental impact on any road or proposed road.

Natural Resources Wales: No response

Welsh Water: No observations to submit.

Biodiversity: A protected species report has been submitted with the application. Unfortunately the bat survey was undertaken in February and no bat activity survey has been included. As a result of the character of the building to be converted we cannot determine the application without first receiving a bat activity survey and there will be a need to wait until at least May until such a survey can be undertaken. PLANNING COMMITTEE DATE: «Planning_Ctte_Date» REPORT OF THE SENIOR MANAGER - PLANNING AND ENVIRONMENT SERVICE GWYNEDD

Conservation Officer: The site is located within the Tregarth Conservation Area. The proposal involves the conversion of two traditional agricultural buildings into a dwelling house with a link extension. It is noted in the design and access statement that they are simple and straightforward traditional buildings in form, but it is not believed that this has been considered in the design. The design is too modern and completely alien in a traditional farm building which is very prominent in the landscape. It is considered that the proposal would cause substantial harm to the appearance and character of the Conservation Area.

Strategic Housing Unit: No response

Tai Teg: No response

Public Consultation: A notice was posted on the site and nearby residents were informed. The advertising period ended on 18.04.14 and no objections were received but three items of correspondence were received in support / providing observations on the application on the grounds of:

 Support for a house instead of a business on this site

 That the design is in-keeping with its location.

5. Assessment of the material planning considerations:

Principle of the development

5.1 Policy CH12 of the Unitary Development Plan relates to the conversion of buildings in rural villages and in open countryside for residential use, and it permits the conversion of a building for residential use within rural villages and in the countryside unless a suitable economic use can be assured and provided that a series of criteria are met which relate to local need, affordability, impact on the character of the area and the occupancy of the house.

5.2 In this case, the existing buildings have received planning permission under reference numbers C04A/0182/16/LL and C07A/0004/16/LL for use as a studio and offices. One of the two outbuildings have been converted with the other building being used as storage at present. An e-mail, dated 10.05.2013 from the Williams and Goodwin estate agents has been submitted as part of the application and this states that the outbuildings have been marketed widely since April 2012 and there has been no interest at all in the buildings for business use unless they are converted into residential use. No offers had been made for the outbuildings during the marketing period.

5.3 After receiving a copy of the advertisement and further details, it appears that the site has been marketed as an economic redevelopment site at a price of £210,000. It is considered that this is a high price for a redevelopment site, and no confirmation has been received as to whether the price has been reduced during the advertisement period, and any impact seen after reducing the price. The advertisement also refers to the potential of converting the site for residential use, which is misleading. No enquiries have been made to the Local Planning Authority PLANNING COMMITTEE DATE: «Planning_Ctte_Date» REPORT OF THE SENIOR MANAGER - PLANNING AND ENVIRONMENT SERVICE GWYNEDD

by the agent or the applicant regarding any other economic use for the building, e.g. holiday accommodation. Therefore, it is not considered that the information submitted as part of the application proves without doubt that a suitable economic use cannot be secured for the outbuildings and, therefore, the proposal fails to comply with the first part of Policy CH12.

5.4 Policy CH12 states that if it can be proved that a suitable economic use cannot be secured for the building, then it would be possible to proceed to consider the suitability of the building for satisfying a need which has been proved in the local community for an affordable house. Although officers have not been convinced that an economic use can be secured for the building, and, thus that the proposal is not acceptable from the perspective of the first part of Policy CH12, the second part of the policy which deals with affordable housing must also be considered.

5.5 It appears that this proposal is not offered as an affordable house and no attention is given to this matter in any document submitted as part of the application. No proof has been submitted that there is a need in the local community for an affordable house and the applicant has not proved that he is in need of an affordable house either. Furthermore, paragraph 2.3.9 of the Supplementary Planning Guidance states that planning applications for affordable dwellings under Policy CH12 must be based on an actual need proved for such houses and that a speculative application should not be submitted. The Supplementary Planning Guidance proceeds to state the appropriate sizes for affordable houses and paragraph 5.17 states that a four bedroom two-storey house (as is being proposed here) should be 120m2 in size and the additional garage should be 20m2 in size. The total floor area of the house which is the subject of this application is 234.25m2 which is approximately double what is permitted as an affordable house of this type and the proposed garage measures 84m2. Therefore, it is clear that the house which is proposed does not comply with the requirements of policy CH12 or the Supplementary Planning Guidance: Affordable Housing.

5.6 Policy C4 of the Gwynedd Unitary Development Plan involves adapting buildings for re-use, and it approves proposals to convert buildings for re-use rather than demolishing them provided they can conform to specific criteria relating to the suitability of the building, visual considerations, design and the impact on the vitality of neighbouring towns and villages.

5.7 In this case, the proposal includes substantial extensions in the form of a link which includes bathrooms and a lounge which suggests that this building is not suitable for its proposed use as it stands. The link extension is of a size, design and form which does not respect the original structure and it is not considered that it is necessary – it adds approximately 50% to the original floor area. Also, as the roof of the floor and a half building will not be raised, it is now proposed to provide flat roof dormer windows on the elevation that faces the highway. It is not considered that this is suitable in terms of the location of the window and its design. Despite the amended plans, the proposed garage is substantial and is likely to cause significant harm to the visual quality and character of the surrounding area which is a Conservation Area. Although a structural inspection has been undertaken of the building which has not been converted which states that the building is suitable for restoration, and it is considered that the buildings are structurally sound, it is not considered that the conversion respects the structure, form or character of the original building in this case. Gwynedd Design Guidance states that the existing form of the buildings must be able to perform their new function satisfactorily without the need for appropriate work or extensive re-designing and the original form of the building must be retained PLANNING COMMITTEE DATE: «Planning_Ctte_Date» REPORT OF THE SENIOR MANAGER - PLANNING AND ENVIRONMENT SERVICE GWYNEDD

– the existing sheds which are attached to the building could be used to provide more space but the addition of extensions or the use of outbuildings as separate garages must be avoided. Hence, the proposal is considered contrary to the requirements of policy C4 and the Gwynedd Design Guidance.

5.8 Policy C1 of the Unitary Development Plan involves locating new developments, and states that land within town and village development boundaries and the developed form of rural villages will be the main focus for new developments. New buildings, structures and ancillary facilities in the countryside will be refused with the exception of a development that is permitted by another policy of the Plan. In this case and as noted above, the site is located outside the development boundary of the village of Tregarth and the proposal does not comply with the above-mentioned policy requirements; therefore, the site is unsuitable for this proposal and it is contrary to the requirements of policy C1 also.

Visual amenities

5.9 Policies B22 and B24 of the UDP deals with the design of buildings and making alterations and extending buildings in open countryside and these policies promote buildings of good design by ensuring that proposals comply with a series of criteria which aim to safeguard the features and acknowledged character of the landscape and the local environment and ensures that proposals to make alterations or to extend a building comply with a series of criteria aimed at safeguarding the character and amenity value of the .local area.

5.10 The proposal submitted involves the conversion of outbuildings into a residential house, including the erection of a relatively substantial extension between the two buildings to act as a link which includes a balcony and also involves the installation of a flat roof dormer window. The extensions are equal to 50% of the original area of the outbuildings. It is considered that the extensions and modifications are excessive for a conversion scheme and its modern form and design does not respect the scale, size, form, density and lay-out of the original buildings or the site and it would have an unacceptable detrimental effect on the form and character of the landscape. Therefore, the proposal is considered contrary to the requirements of policies B22 and B24 above.

5.11 Policy B25 of the Unitary Development Plan relates to building materials, and it safeguards the visual character by ensuring that building materials must be of a high standard that complement the character and appearance of the local area. The proposal involves retaining the roof slates along with the retaining the external natural stone. The amended plans show that it is proposed to cover a part of the extension which faces the highway, as well as the proposed stone staircase leading up to the balcony. It is proposed to finish the part of the extension facing the rear of the site in suspended slate. It is not clear from the amended plans whether or not it is intended to press-on with the sedum roof on the extension. The garage is to be finished with render and slate on the roof. No information has been received regarding the doors and windows. It is considered that the finishes are not completely appropriate in terms of pattern, location and the expanse of the new stone and suspended slate, but it is considered that it would be possible to ensure a better pattern by imposing a condition. Therefore, it is considered that it can be ensured that the materials used are appropriate and it is considered that the proposal complies with the requirements of policy B25 above. PLANNING COMMITTEE DATE: «Planning_Ctte_Date» REPORT OF THE SENIOR MANAGER - PLANNING AND ENVIRONMENT SERVICE GWYNEDD

5.12 Policy B4 of the Gwynedd Unitary Development Plan involves developments within or that affect the setting of conservation areas and it ensures that proposals within conservation areas, or which affect their setting, are refused unless they aim to maintain or enhance the character or appearance of the conservation area and its setting. In this case, the proposal is for the conversion of two existing outbuildings into one residential house. The boundary of the conservation area runs through the centre of the site with the outbuildings to be converted located inside the conservation area and the proposed garage outside. It appears that no consideration has been given to the conservation area when designing the scheme as there is no reference to it in the design and access statement. The extension is modern, large and unnecessary when converting these buildings. The Senior Conservation Officer is of the opinion that the proposal would have a substantial impact on the appearance and character of the Conservation Area. Therefore, it is considered that the scale, size and form of the proposal is not in-keeping with the character of the conservation area; therefore, it is not considered that the proposal complies with the requirements of policy B4.

General and residential amenities

5.13 Policy B23 of the UDP safeguards the amenities of the local area by ensuring that proposals must conform to a series of criteria aimed at protecting the recognised features and amenities of the local area. The proposal involves extensions and substantial modifications which to all intents is an over-development of this site which is located outside the development boundary of the village of Tregarth and, therefore, it is in open countryside. It is not considered that the proposal is likely to cause additional or unacceptable overlooking although it is proposed to provide a balcony and dormer window on the front of the building. Nevertheless, it is considered that the proposal is contrary to the requirements of policy B23 above based on overdevelopment of the site and the buildings to be converted.

Transport and access matters

5.14 Policy CH30 of the UDP deals with ensuring access for all, and refuses 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. In this case, it is considered that the proposal complies with policy CH30 above.

5.15 Policy CH33 of the UDP deals with safety on roads and streets and development proposals will be approved if they comply with specific criteria involving the vehicular access, the quality of the existing roads network and traffic calming measures. Policy CH36 of the UDP deals with private car parking facilities and 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. The access and access track to the site has already been approved under reference number C06A/0708/16/LL and it is proposed to provide four parking spaces (including two within the garage) along with a turning space within the cartilage. The transportation unit has no objection to the proposal and it is not considered that the proposal would have a detrimental impact on road safety. Therefore, it is considered that the proposal complies with the requirements of policies CH33 and CH36 above.

Biodiversity matters PLANNING COMMITTEE DATE: «Planning_Ctte_Date» REPORT OF THE SENIOR MANAGER - PLANNING AND ENVIRONMENT SERVICE GWYNEDD

5.16 Policy B20 of the UDP concerns species and their habitats that are internationally and nationally important and this policy refuses 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. In this case, a protected species report has been submitted as part of the application but the bat survey was undertaken in the wrong season and no bat activity survey has been included. The Biodiversity Unit is of the opinion that because of the nature of the outbuildings to be converted that it is a requirement to provide a bat activity survey before determining the application. Therefore on this basis, the proposal is contrary to the requirements of policy B20 above.

The response to the public consultation

5.17 Following a period of public consultation, three pieces of correspondence were received supporting the proposal of converting the outbuildings into a residential unit. The relevant policy considerations have been assessed above and the observations proposed to support the application do not change the recommendation in this case.

6. Conclusions:

6.1 It is not considered that sufficient evidence has been submitted as part of the application to prove conclusively that there is no suitable economic use for the buildings which are the subject of the application. In addition, it is not considered that a local community need for an affordable house has been proved and the proposal does not reflect the floor area of the size of an affordable house. The proposal includes extensions, modifications and a substantial new garage which is not in-keeping with the character of the existing buildings and the conservation area and they are considered excessive and an over-development of this site which is located in open countryside.

6.2 It is also considered that the protected species report has been prepared in the wrong season and no survey of bat activity has been submitted. To this end, insufficient information has been submitted in order to assess the impact on protected species.

7. Recommendations:

7.1 Refuse – reasons.

1 The proposal is contrary to policy C1 and CH12 of the Gwynedd Unitary Development Plan as well as the Supplementary Planning Guidance: Affordable Housing (2009) and Technical Advice Note 2: Planning and Affordable Housing (2006) because the site is located in open countryside, insufficient evidence has been submitted as part of the application to prove firstly, that an appropriate economic use cannot be secured for the buildings intended to be converted and no evidence at all has been submitted to prove the need in the local community for an affordable house or to prove that the applicant is in need of an affordable house. The proposed unit would offer a floor area which is substantially larger than the thresholds recommended in the Supplementary Planning Guidance - Affordable Housing for a four bedroom affordable house and, therefore, the size of the conversion does not reflect the size of an affordable house or ensures that the house continues to be affordable in perpetuity. PLANNING COMMITTEE DATE: «Planning_Ctte_Date» REPORT OF THE SENIOR MANAGER - PLANNING AND ENVIRONMENT SERVICE GWYNEDD

2. The proposal is contrary to the requirements of policies B4, B22, B23, B24 and C4 of the Gwynedd Unitary Development Plan, Gwynedd Design Guidance and Technical Advice Note 12: Design (2009), because the extensions and the new ancillary building is substantial, excessive and of a modern design that is not in-keeping with the character of the existing buildings and conservation area, and is of an unsuitable size for a proposal to convert traditional outbuildings and which is tantamount to overdevelopment of the site which has been located within a conservation area and open countryside.

3. The proposal is contrary to policy B20 of the Gwynedd Unitary Development Plan because no suitable and acceptable protected species report has been submitted as part of the application.

Number: 5 Application Number: C14/0100/23/LL Date Registered: 07/02/2014 Application Type: Full - Planning Community: Llanrug Ward: Llanrug

Proposal: ERECTION OF NEW DWELLING AND PARKING ACCOMODATION Location: 7 MINFFORDD ESTATE, LLANRUG, CAERNARFON LL554PU

Summary of the Recommendation: TO APPROVE SUBJECT TO CONDITIONS

1. Description:

1.1 The application was postponed at the request of the Planning Committee Members at the Committee on 28.04.14 in order to undertake a site visit.

1.2 To remind members, the proposal is for the erection of a two-storey house on a plot of land adjacent to a class III county road (Ffordd Glanmoelyn) and Minffordd Estate and which lies within the development boundaries of Llanrug as included in the Gwynedd Unitary Development Plan (GUDP). On the ground floor, there is a living room, kitchen, small storage room and toilet and on the first floor there are two bedrooms, a bathroom and a landing. Externally, the house will have a natural slate roof (and will include solar panels), aluminium windows (colour to be agreed), oak doors with the lowest part of the walls with facing brick and the highest part in coloured render (these again to be agreed with the Local Planning Authority).

1.3 The design of the proposed house is a striking and modern design that uses a variety of different materials and modern windows (in terms of material and design) and has a flat roof above the main windows. The design and form of the proposed house, to some extent, has been determined by the relatively narrow shape of the application site which has a vertical emphasis. An element of the rear of the house will be set into the land, whilst the front of the house will be raised approximately 1m above the existing land level.

1.4 It is intended to provide a parking space to the rear of the site for a car and access can be gained to it along the unclassified Minffordd Estate road. In order to create the access to the site, there will be a need to demolish approximately 3m of a brick wall with a timber fence along its top, along with 2m of a low brick wall and any vehicle will need to drive over the existing pavement in order to enter or exit the site itself. It is proposed to erect a 900mm and 5m long brick wall at the rear of the house in order to create a prominent boundary between the application site and the adjacent footpath.

1.5 In line with the requirements of Technical Advice Note 12 “Design” (2009), a Design and Access Statement was submitted with its contents reflecting the nature and scale of the proposal by referring to the five statutory headings. In addition to this statement, a pre-assessment statement for level 3 of the sustainable homes code was submitted which clearly states that this target can be reached in accordance with the requirements of the Welsh Government.

2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009:

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

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

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

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

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

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

POLICY CH4 – NEW DWELLINGS ON UNALLOCATED SITES WITHIN THE DEVELOPMENT BOUNDARIES OF LOCAL CENTRES AND VILLAGES Approve proposals to build new dwellings on unallocated sites within the boundaries of Local Centres and Villages provided they conform to criteria aimed at ensuring an affordable element within the development.

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

POLICY CH36 – PRIVATE CAR PARKING FACILITIES Proposals for new developments, extensions to existing developments or change of use will be refused unless off-street parking is provided in accordance with the Council’s current parking guidelines, and having given due consideration to the accessibility of public transport, the possibility of walking or cycling from the site and the proximity of the site to a public car park. Gwynedd Design Guidelines, (April 2003).

2.3 National Policies:

Technical Advice Note 12 “Design” (June 2009).

Planning Policy Wales, Sixth Edition (February 2014).

3. Relevant Planning History:

3.1 A large number of planning applications have been submitted in the past in relation to this current site along with the northern part of the Minffordd Estate and it is believed that the following applications are the most relevant involving this latest application.

3.2 Application number C13/0392/23/LL – erection of a new house and parking space refused in June 2013 on the grounds of design, visual amenities and road safety.

3.3 Application number C13/0892/23/LL – erection of a new house and parking spaces withdrawn by the applicant on the grounds of uncertainty regarding land ownership.

3.4 Application number C05A/0865/23/CL – erection of a house, refused in February 2006 on the grounds of overdevelopment and visual amenities (current application site).

3.5 Application number C97A/0170/23/CL – erection of eight houses, access road and landscaping refused in July 1997 (this site includes the current application site along with the northern part of Minffordd Estate).

4. Consultations:

Community/Town Council: No response.

Transportation Unit: No objection, but with conditions.

Natural Resources Wales: Low risk to the environment.

Welsh Water: No response.

The Council’s Biodiversity No response. Unit:

Public Protection Unit: No response. Public Consultation: A notice was posted on the site and nearby residents were informed. The advertising period ended on 06.03.14 and three letters / correspondences were received objecting on the following grounds:

 Erecting this house would darken the ground floor rooms of no. 24 Minffordd Estate.  Concern regarding the access and parking space adjacent to the footpath that is often used by school children. The proposal would involve driving over the footpath to the detriment of road safety. Approving the proposal would make it difficult for the occupiers of no. 24 to park within their curtilage.  The ancient drains that run under Ffordd Glanmoelyn cannot cope with additional residential developments and the implications of flooding that has occurred in the past should be considered.  The proposal would increase traffic flow to the site along Ffordd Glanmoelyn.  Insufficient parking spaces for the proposal within the site.  There is evidence of bats flying around the site; therefore, a permit will be required to undertake work on the site itself.

As well as the objections noted above, objections were received which were not valid planning objections which include:

 Concern regarding raising the foundations of the proposed house and the impact (on the grounds of vibration), this would have on no. 24 Minffordd Estate and nearby houses.

5. Assessment of the material planning considerations:

Principle of the development

5.1 The principle of developing within development boundaries as defined in the GUDP has already been accepted in Policy C1 where it is confirmed that land within the development boundaries of towns and villages and the built form of rural villages will be the main focus for new developments. Policy CH4 of the GUDP states that proposals to erect new houses on unallocated sites within the development boundaries of local centres and villages will be approved provided that guidelines regarding having a percentage of units on each site (which will vary from site to site), as affordable units can be complied with, that the size and design of the houses is equivalent to affordable housing and that arrangements are in place to ensure that the occupancy of any affordable house on the site is restricted initially and in perpetuity. However, in this particular case and taking into account that only a single two bedroom house is proposed here, it will not have to be affordable.

5.2 Policy B22 of the GUDP states that proposals for new buildings will be refused unless a series of criteria, including that any proposal respects the site and its surroundings in terms of size, scale, form, density, location, plan, symmetry, quality, materials, aspect and land use/building density and the empty spaces around the buildings, are complied with and that it does not have a detrimental impact on the form and character of the surrounding landscape or townscape.

5.3 Policy B23 states that proposals which would cause significant harm to the amenities of the local community will be refused and Policy B25 states that the visual character of the Plan area will be protected by ensuring that only natural Welsh slate or similar slate in appearance, colour and weathering features will be used. Gwynedd Design Guidance conveys the importance of considering the context of a site on the basis of location, scale and views, along with the design of new buildings.

5. 4 Although an application to erect a two-storey house was refused in February 2006 on the grounds of over development and visual amenities, it is believed that the current proposal is more acceptable on the grounds of its design and on the grounds of its location within the site. The previous application was refused under planning policies which existed at the time, namely the Rural Arfon Local Plan and the Gwynedd Structure Plan. These plans were replaced in 2009 and it is a requirement to deal with any planning application under the policies which have been adopted and which are current when planning applications are submitted. To this end it is believed that the current plan is acceptable based on the requirements of current Unitary Plan policies.

5.5 Given the abovementioned policy context, and the assessment below, it is believed that the principle of the development is acceptable.

Visual amenities

5.6 The site is located in the centre of an established residential area and within a development boundary with a vast mix of residential dwellings surrounding the site, including traditional cottages, two-storey houses and single-storey houses/bungalows with dormer windows/roof lights. The external materials vary from natural slate for the roofs, facing brickwork, coloured render and pebble dash. Currently, the site is a plot covered in thick vegetation and some fly-tipping has occurred there in the past. The site is an infill site and is prominent in the street scene.

5.7 This latest plan is a smaller plan in terms of size and scale compared to the plan for a three-storey house that was refused in June 2013. Its scale and size is more similar to the two-storey dwellings surrounding it, although an element of vertical emphasis continues in the form of this latest design. By creating a smaller dwelling on the site, this allows other parts of the site to be used for residential facilities, including a parking space, along with a private amenity area for the occupiers of the proposed house and it is believed that the plan for the proposal site is acceptable in terms of density and that it is not tantamount to an overdevelopment of the site. The surface area of the site (approximately 208m2), is equivalent to the surface area of some of the similar houses (e.g. the surface area of the curtilage of properties in Minffordd Estate facing Ffordd Glanmoelyn varies from 161m2 to 214m2).

5.8 Although the external appearance and design of the proposed house is striking, it is believed that it will not create an incompatible structure in the streetscape, considering the variety of different dwellings (based on size, form, design and materials), which already exists in the area and indeed, it is believed that this latest proposal will contribute to this eclectic mix of dwellings. The design and form of the proposed house is relatively simple with symmetric architectural features which creates an interesting and pleasant structure in terms of its appearance. To that end, it is believed that the proposal is acceptable based on the requirements of Policy B22, B23 and B25 of the GUDP, along with the advice included in the Gwynedd Design Guidelines (2003).

General and residential amenities

5.9 As referred to above, the site can be described as an infill site within an established residential area with residential dwellings to the east (the gable end of no. 24 Minffordd Estate), established dwellings at the rear of the site (1 and 2 Bryn Tirion) and established dwellings on the opposite side of Ffordd Glanffynnon located below the application site approximately 48m from window to window. The design and location of the windows of the proposed house means that there will be no unacceptable or substantial overlooking into gardens and nearby dwellings and from this perspective, it is not believed that there will be a detrimental impact on the amenities of nearby residents based on loss of privacy or overlooking. The gable end of no. 24 Minffordd Estate (including three windows, a door and sun lounge in the front and on the ground floor), is located 4.5m away from the gable end of the proposed house. A timber fence has been erected along the length of the boundary of no. 24 with the nearby footpath. Taking into account the location of the proposed house compared to the location of no. 24, it is not believed that erecting a new house 4.5m to the north will have a substantial impact on the grounds of loss of light into the main windows of the property. To reduce any possibility of darkening the rooms in no. 24, a condition can be imposed on any permission to ensure that the applicant renders the southern gable end in coloured render, in a colour that will reflect light. To this end it is believed that the proposal is acceptable based on the requirements of Policy B23 of the GUDP.

Transport and access matters

5.10 The proposal involves creating a parking space for one car to the rear of the site with access gained into it off Minffordd Estate. This will involve demolishing part of the existing brick wall that defines the application site and driving over part of the footpath in order to park a car within the curtilage of the proposed house and this is not uncommon in a housing estate. As referred to above, a public footpath runs along the southern boundary of the site. It is believed that the parking provision for a two- storey dwelling of this type is acceptable on the grounds of highway requirements and although it is not an ideal situation as there will be a need to reverse into the site or reverse to exit the site, such manoeuvres are not different to the customs that already exist on the estate and in other similar estates. The Transportation Unit does not have any objection to the proposal, subject to including conditions/notes on any permission. To this end it is believed that the proposal is acceptable based on the requirements of Policy CH33 and CH36 of the GUDP.

Sustainability matters

5.11 The information included in the pre-assessment statement for level 3 of the sustainable homes code states that the aim of achieving the code, as imposed by the Welsh Government, can be achieved; therefore, the proposal is in accordance with Policy C7 of the Unitary Development Plan.

Response to the public consultation

5.12 It is considered that the objections and concerns of the local community in relation to this application have been addressed in full in the assessment of this application and that no matters outweigh the relevant policy considerations. 6. Conclusions:

6.1 Having considered the above assessment, it is believed that the proposal as submitted on this particular site is acceptable based on its location, scale, design, materials, road safety, visual amenities and residential amenities as it complies with relevant local and national planning policies and guidance.

7. Recommendation:

7.1 To approve - conditions: -

1. Five years 2. In accordance with the plans 3. Natural slate 4. External materials 5. Withdrawal of permitted development rights 6. Sustainable homes conditions 7. Road safety conditions 8. Welsh Water standard conditions

Number: 6 Application No.: C14/0106/20/LL Date Registered: 14/02/2014 Application Type: Full - Planning Community: Y Felinheli Ward: Y Felinheli

Proposal: REVISED APPLICATION FOR THE ERECTION OF A DWELLING Location: 27, BRYNFFYNNON, Y FELINHELI, LL564SX

Summary of the TO APPROVE WITH CONDITIONS Recommendation:

1. Description:

1.1 The planning committee on 28 April 2014 postponed making a decision on the application in order for committee members to visit the site on 16 June 2014. This is a full application to retain a three-storey house which has been erected without complying with the plans approved for a two-storey house on the site of a previous two-storey cottage (under permission no. C99A/0610/20/LL dated 15 February 2000). The site forms part of a long plot on a steep slope and parallel to a public footpath and it has direct access to Ffordd Bryn Ffynnon.

1.2 The original consent related to the construction of a new house behind the north west elevation of the cottage, and demolish the first floor in order to create a parking area for vehicles with direct access to the parallel county highway; creation of a lower floor with pedestrian access to the parallel public footpath; and the original proposed building in its entirety stood on a plinth (foundation) measuring approximately 9m wide, 4.5m long and approximately 4m high at the highest point.

1.3 The current application has a three-storey house with an additional lower floor planned within the plinth structure to create the third floor. The revised house comprises a lounge, kitchen, bedroom with a balcony and bathroom on the upper floor; sitting room, bathroom, office, 2 storage rooms on the middle floor; a lounge, bedroom, fitness room, bathroom, 2 storage rooms and conservatory on the lower floor. The external design reflects the location of the door and window openings as approved in 2000, except that the roof ridge is higher by approximately 1.3m; that the house is 1m deeper; the windows on the front of the plinth are for new additional rooms; and the proposal includes a conservatory on a concrete stage on the lower floor.

1.4 The current application also includes using a plot of land in the far end of the site near Ffordd Caernarfon as part of the garden. The site stands within the village development boundaries as designated in the Gwynedd Unitary Development Plan and the area is designated as a Registered Historical Landscape.

Relevant Policies:

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

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

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

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

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

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

POLICY C3: RE-USING PREVIOUSLY DEVELOPED SITES Proposals that give priority to re-using previously developed land or buildings that are located within or near development boundaries will be permitted provided the site or building and the proposed use are appropriate.

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

POLICY CH4: NEW DWELLINGS ON UNALLOCATED SITES WITHIN THE DEVELOPMENT BOUNDARIES OF LOCAL CENTRES AND VILLAGES Approve proposals to build new dwellings on unallocated sites within the boundaries of Local Centres and Villages provided they conform to criteria aimed at ensuring an affordable element within the development.

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

POLICY CH36: PRIVATE CAR PARKING FACILITIES Proposals for new developments, extensions to existing developments or change of use will be refused unless off-street parking is provided in accordance with the Council’s current parking guidelines, and having given due consideration to the accessibility of public transport, the possibility of walking or cycling from the site and the proximity of the site to a public car park. 2.3 National Policies:

Planning Policy Wales – Edition 6 (2014)

Technical Advice Note 12: Design

Technical Advice Note 18: Transportation

3. Relevant Planning History:

3.1 Application No. – C99A/0610/20/LL – Demolish existing cottage, building of residential house, adapt the existing access to provide a parking area – approved 15.02.2000.

3.2 Appeal No. - APP/Q6810/A/00/1045082/T - Planning appeal against conditions 7, 8, 10, 14, 15 on planning consent no.C99A/0610/20/LL – Allow the appeal on 05.10.2000

3.3 Application No. - C13/0884/20/LL - Revised application to erect a house – the application was withdrawn on 17.02.2014

4. Consultations:

Community/Town Council: Object.

Transportation Unit: Recommend approval with a condition to ensure that the parking area in front of the house is completed prior to occupation of the house.

Welsh Water: Proposed standard conditions if the application is approved.

Public Footpaths Unit: No observations received, however, the consent approved in 2000 included a pedestrian access from the second floor to the parallel public footpath.

Public Consultation: A notice was posted on the site and nearby residents were informed. The advertising period ended on 20.03.14 and three letters / correspondences were received objecting on the following grounds:

 Significantly impairing on the amenities of the parallel property  Negative impact on adjacent property  Reducing lighting to the adjacent property  Overlooking  The building that has been erected is much bigger than the building previously approved.  Overdevelopment of a narrow plot and likely to create a precedent for similar developments.  The finish of the house is unsuitable for the area and looks like a house in an urban area.  The location of the new house in front of adjacent houses.  Disagree with the view of the planning officer that the size of the building as constructed is significantly bigger than the approved plan.  That the plans approved in 2000 were not detailed enough as noted in an objection to the application approved in 2000.

Objections that are not material planning issues when considering the application:

• Reducing the view • Raise doubts that the building control officers inspected the building work.  That the building was erected and the developer chose not to stop work in accordance with the advice of the planning officer.  That there is not much difference between the existing application and the application that was withdrawn.

5. Assessment of the material planning considerations:

Principle of the development

5.1 The principle to develop a dwelling house on the site has already been established since a planning application was approved in 2000 to demolish a two-storey cottage and build a two-storey house lying on a substantial plinth (foundation) in its place, and the development of the site was commenced in accordance with the conditions of that consent. An appeal was granted on 5 October 2000 to delete conditions 7,8,10,14 and 15 with new conditions in their place. In later correspondence, the Planning Service confirmed that the 2000 planning consent was operational. A copy of the plan approved in 2000 is included as part of this report in order that the Committee may compare the two plans.

5.2 The site lies within the development boundary for Felinheli and therefore conforms to Policy C1 and C3 of the GUDP. Policy CH4, GUDP approves proposals to build new dwellings on unallocated sites within the boundaries of Local Centres and Villages provided they conform to relevant criteria and it is considered that the proposal meets with those criteria. In assessing this application, it is essential to consider that the principle of erecting a house on the site has already been established in a previous application, and that house has been erected, although it has not been erected entirely in accordance with the plans approved and that is the reason why this application has been submitted.

Visual amenities

5.3 The property stands between two houses within a residential area and is approximately 8m from the side of the adjacent county highway. In essence the development entails revising the previous consent to include increasing the height of the ridge roof 1.3 metres and to add 1 metre to the depth of the house, locating rooms within the shell of the plinth (foundation) that already existed, and erecting a new stage as a foundation for a conservatory on the lower level. The addition to the height of the roof is the only change to the plan approved that is visible from Bryn Ffynnon Road. The remainder of the changes are included on the back elevation.

5.4 The additional floor is located within the plinth approved as part of the building in 2000 and therefore it is not an addition to the volume or external size of the building. The new plinth for the conservatory is an addition to the building approved in 2000. However, the location of this addition is at a lower level and in the rear of the building. In visual terms, it backs on the building and is surrounded by higher land and nearby higher property. Houses within the application area are of varied design and size. An application has already been approved to build a new house on the site in 2000 and although the size of the new house is a little deeper and higher than the approved building, it is considered that the difference is sufficient to merit refusing the existing application. It is considered that the proposal will not significantly impair on the area’s amenities nor on nearby residents. It is noted that the applicant has already received confirmation that the brick finish on the walls and slate on the roof are acceptable. Therefore, it is not considered that the proposal is contrary to policies B12, B22 and B25 of the GUDP.

General and residential amenities

5.5 The application was posted on the site and nearby residents were notified and four letters of objection were received including a letter from Felinheli Community Council. Some of the concerns expressed in the objections by nearby residents have already been noted in this report. The objectors state that the building as erected is much more than the one approved by the Council in 2000. One objection suggests that that building which is in the process of being built is 2.5 times more than the building that was originally approved. As has already been noted the revised building is a little higher and deeper than the original approved building and the developer has also created new rooms within the plinth (foundation). However, it is not considered that the impact of these changes on the amenities of nearby residents or the area are significantly different to the original approved application and they are not sufficient to consider refusing the current application. In terms of concerns with overlooking into adjacent property, it is seen that the recommendation includes a condition that will prevent installing windows on the north eastern elevation of the upper floor level and to ensure that the windows are on the south western and a higher level only. It is noted that the condition relating to no windows in the north eastern elevation reflects a condition attached by the Inspector in the appeal decision in 2000. Attaching these conditions will ensure that the existing application is contrary to policy B23 GUDP.

Transport and access matters

5.6 The development entails using the existing vehicular access that opens onto the unclassified county highway. Planning consent has already been approved and implemented to erect a house on the site. It is therefore considered that the principle for using the plot of land in front of the property as a vehicular access and parking area for vehicles has already been established. Planning consent has also been granted to create one pedestrian access from the house to the public footpath. No evidence was submitted to the Council to create a second pedestrian access from the lower floor except when work is proceeding and it is proposed to attach a condition to the consent to close the access once the property is occupied. It is considered that the existing application is unlikely to have a significant detrimental impact on road safety and the Transportation Unit has no objection to the proposal. It is not considered that the proposal is contrary to policies CH33 or CH36 GUDP. Sustainability matters

5.7 A report was received to confirm that the property complies with Level 3 of the Sustainable Homes Code. This assessment shows that it is anticipated that the proposed dwelling would reach Level 3 of the Code. A condition will be needed with the approval to ensure that the finished house reaches Level 3, and provided this is done, it is considered that the proposal is acceptable in relation to Policy C7 of the GUDP.

Response to the public consultation

5.8 Full consideration was given to the relevant issues raised as a result of the statutory publicity given to the application and it is considered that the objections received would not justify refusal of the application in this case as they can be overcome by attaching suitable conditions on any planning permission.

6. Conclusions:

6.1 The fact that the implemented planning permission exists on the site is an important planning consideration when considering the current application. The Council has already approved the demolition of the previous cottage and the building of a two- storey house on a (substantial) plinth and to adapt the current access to create a parking area in 2000. Although the size of the house subject to the current application is a little bigger than the building originally approved, it is considered that the difference is not enough to justify refusal of the application. The proposal does not significantly impair on the area’s visual amenities nor those of the nearby residents and it conforms to all the policies noted in this report.

7. Recommendation:

7.1 To approve – with conditions

1. Withdrawal of permitted development rights; 2. No windows in the north eastern gable end on first floor or higher level; 3. Within a month of the date of this permission, a detailed plan will be submitted and approved by the Council indicating the high level windows at the first floor level and higher in the south eastern gable of the property and the permission will be implemented in accordance with the approved plan within a month of the date of the occupation of the dwelling house. 4. The pedestrian access at the lower floor level in the north eastern gable shall be closed up permanently with blocks and the external surface will be finished in a material and colour to match the remaining external walls of the property within 1 month of the date of occupation of the dwelling house.

Number: 7

Application Number: C14/0210/41/AM Date Registered: 13/03/2014 Application Type: Outline Community: Llanystumdwy Ward: Llanystumdwy

Proposal: OUTLINE APPLICATION FOR THE DEMOLITION OF EXISTING BUILDINGS AND THE ERECTION OF 13 DWELLINGS (RESUBMISSION FOLLOWING THE REFUSAL OF APPLICATION C13/0599/41/AM). Location: SITE OF FORMER AFON WEN LAUNDRY, AFONWEN, PWLLHELI, GWYNEDD, LL53 6NQ

Summary of the TO REFUSE Recommendation:

1. Description:

1.1 This application is a resubmission of an application that was refused by the Planning Committee at its meeting on 25/11/13. There are no changes in the plans to those that were previously refused but there are some changes to the background documents. The previous application is the subject of a current appeal.

1.2 This is an outline application to erect 13 residential houses on the site of the former Afonwen laundry. As part of the outline application, details regarding the access, plan and size must be considered while the details relating to appearance and landscaping have been reserved for future consideration by means of a further application to approve reserved matters.

1.3 The site is located off a first class highway. Two houses (namely ‘Glenlyn’ and ‘Tan y Coed’) abut the site and a terrace of houses is located on the opposite side of the road. There is a dwelling house along with holiday units and industrial uses on the road leading to Chwilog, which is to the north west of the site.

1.4 The site measures approximately 0.4 hectares and has historically been used as an industrial laundry. Since the relocation of the laundry, the site has been dormant. The site is in a comparatively prominent position as most of it can be seen from the nearby A497, however it is relatively hidden from the road that leads to Chwilog due to the trees that abut the site.

1.5 The site is not located within any development boundary, the Chwilog development boundary is approximately 600m away to the north west. Therefore, in policy terms, the site is in open countryside. However, the site is designated as a redevelopment site in the Gwynedd Unitary Development Plan (July 2009) and a development brief has been prepared for the site which forms part of an adopted supplementary planning guidance.

1.6 The development involves erecting a single detached house and semi-detached houses with connected parking and gardens along with associated works including the creation of an estate road, installation of services, landscaping and erecting a single-storey building as a bat roost. The proposal will also include demolishing the existing building on the site.

1.7 To conform to current legislative and policy requirements, the following information was submitted with the application as formal documents:

 Design and Access Statement  Linguistic and Community Assessment  Supporting Planning Statement and Affordable Housing Needs Assessment  Contaminated Land Assessment  Bat Survey  Trees Statement  Level 3 Sustainability Code Initial Assessment  Flooding Consequence Assessment (FCA)

2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009:

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

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

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

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

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

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

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

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

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

POLICY C3 – RE-USING PREVIOUSLY DEVELOPED SITES Proposals that give priority to re-using previously developed land or buildings that are located within or near development boundaries will be permitted provided the site or building and the proposed use are appropriate.

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

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

POLICY CH9 - NEW DWELLINGS IN OPEN COUNTRYSIDE Refuse proposals for new dwellings in rural areas unless they are for individuals who must live on the site due to their work and a number of other criteria relevant to the location and the type of dwelling, and restrictions on ownership of the dwelling.

POLICY CH7 – AFFORDABLE HOUSING ON RURAL EXCEPTION SITES DIRECTLY ADJOINING THE BOUNDARIES OF VILLAGES AND LOCAL CENTRES Permit affordable housing on rural sites directly adjoining the boundaries of Villages and Local Centres if they conform to criteria relating to local need, affordability and impact on the form of the settlement.

POLICY CH30 – ACCESS FOR ALL Proposals for residential/business/commercial units or buildings/facilities for public use will be refused unless it can be shown that full consideration has been given to the provision of appropriate access for the widest possible range of individuals. POLICY CH32 – INCREASING ACCESSIBILITY BY PUBLIC TRANSPORT Proposals that are likely to lead to a substantial increase in the number of journeys made by private motor vehicles will be refused unless there is an adequate public transport service in place as an alternative, or unless the development will be effectively served by public transport in the future and that consideration has been given to promoting the use of public transport services in the planning and design of the development.

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

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

As well as the above, full consideration is given to the Authority’s adopted Supplementary Planning Guidance (SPG), which are material and relevant considerations. The following are relevant in this case:

SPG – Development Briefs SPG – Affordable Housing SPG – Planning and the Welsh Language SPG – Planning for sustainable building Gwynedd Design Guidance

2.3 National Policies:

Planning Policy Wales – Fifth Edition (November 2012)

Chapter 3 – Making and enforcing planning decisions Chapter 4 - Planning for Sustainability - Part 4.11 – Promoting sustainability through good design - Part 4.12 – Planning for sustainable buildings - Para. 8.7.1 – Development control and transport Chapter 8 - Transportation Chapter 9 - Housing

9.3.1 “New housing developments should be well integrated with and connected to the existing pattern of settlements…… 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.”

9.3.6 “New buildings in the open countryside away from existing settlements must continue to be strictly controlled….. Isolated new houses in the open countryside require special justification, for example where they are essential to enable rural enterprise workers to live at or close to their place of work in the absence of nearby accommodation.”

Chapter 13 – Minimising and Managing Environmental Risks and Pollution - Section 13.4 Managing Development and Flood Risk - Section 13.7 Managing Development and contaminated land

Technical Advice Note 2: Planning and Affordable Housing Technical Advice Note 5: Planning and Nature Conservation Technical Advice Note 15: Development and Flood Risk Technical Advice Note 12: Design Technical Advice Note 18: Transport Technical Advice Note 22: Planning for sustainable buildings

3. Relevant Planning History:

3/4/814 – New store. Approved 30/07/65. 3/4/814A – New Office – Approved 06/07/66 3/4/814B - Amended plan for new offices. Approved 05/04/68. 3/4/814C – Relocation of petrol pumps. Approved 11/04/69.

C97D/0235/21/CL – A new site for the laundry was approved in 1997. C13/0599/41/AM – Outline application for 13 houses: Refused 27/11/14

4. Consultations:

Community/Town Council: Object. There is no local need as there are a number of houses for sale in the village of Chwilog. The site is outside the UDP development boundaries and is a site designated for industrial development.

Housing Strategic Unit: Based on Tai Teg information regarding the demand for housing in the community of Llanystumdwy, there is currently no need there.

Transportation Unit: No objection – conditions required.

Natural Resources Wales: No objection on grounds of flooding matters. A condition is needed regarding contaminated land.

Gwynedd Archaeological Observations Service: Conditions required involving archaeological research work.

Biodiversity: Observations Conditions required to protect the bats and trees near the river.

Trees Unit: No objection if the recommendations of the Trees Report are followed.

Rights of Way Unit: Observations There is a need to ensure that public footpath number 70A Llanystumdwy (Lôn Goed) is protected during and at the end of this development. Public Protection: Observations Contaminated land conditions required.

Welsh Water: No objection – conditions required.

Public Consultation: A notice was placed on site and neighbouring residents were informed. The advertising period came to an end on 17/04/14 and one item of correspondence was received objecting on the following grounds:

 There is an intention to construct too many houses and they would have a detrimental effect on the small community.  The design would not be in keeping with the area.  There would be a detrimental impact on the Lôn Goed.  There is a need to protect the area and get rid of untidy sites.

5. Assessment of the material planning considerations:

Principle of the development

5.1 This site is located outside the development boundary of Chwilog, as noted in the UDP. and as a result this site is defined as one that is located in open countryside. The development boundary of Chwilog is approximately 600m away to the north-west.

5.2 Policy C1 notes that “the main focus for new developments will be land within the development boundaries of towns and Villages and the developed form of Rural villages. New buildings, structures and ancillary facilities in the countryside will be refused with the exception of a development which is approved by another policy in the Plan”.

5.3 Policy CH9 of the UDP is relevant in relation to the principle of housing development in the countryside. This policy states that new dwellings in the countryside will only be approved in exceptional circumstances i.e. if the dwelling is required to house a full time worker or one employed mainly in agriculture, forestry or another rural land based industry; or someone that makes a living through full time activity that provides an essential service to the agricultural or forestry sector within the county. It is also necessary to prove that it is essential for the person requiring a house to live on that specific site. Technical Advice Note 6 states that “one of the few circumstances where a single residential development in open countryside can be justified is when accommodation is required to enable a rural enterprise worker to live in, or near, his workplace”. No information was submitted with the application to suggest that this proposal attempts to satisfy a need like this. Therefore, the application is contrary to policies C1 and CH9.

5.4 In some cases, it is possible to release land in locations where houses would not usually be supported. Policy CH7 approves proposals for affordable housing on suitable rural exception sites which are directly on the boundaries of villages or centres. This site is approximately 600m away from the development boundary of Chwilog and as a result the site does not abut the development boundary. In light of this, the site is unsuitable as a rural exception site and it is considered contrary to policy CH7. 5.5 Despite the fundamental policy objection to the proposal of erecting houses on the site the Supporting Planning Statement received with the application seeks to justify the development on the grounds that the proposal makes use of a previously developed site and the fact that the site was designated as a site for redevelopment within the UDP.

5.6 In terms of the site’s sustainability for housing development, whilst recognising that there is a bus stop on the A497 within walking distance and that Penychain train station is approximately 1 mile from the site, there are no facilities to support daily residential life within easy walking distance to the site. On the contrary, three housing sites have been allocated by the UDP within the nearby village of Chwilog with a capacity of approximately 55 houses, and these sites were carefully selected due to their sustainability in particular as they offered easy access to a range of urban facilities. Neither of these sites have yet been developed, therefore, there is no need to release a site in a far less sustainable location in order to satisfy the local requirement for housing.

5.7 A Development Brief has been prepared for this specific site and it forms part of the adopted Supplementary Planning Guidance. Policies C3 and C5 are relevant to these considerations.

5.8 Policy C3 approves proposals that give priority to reusing previously developed land within or near development boundaries provided that the site and the proposed use are suitable and conform to the plan’s objectives and development strategy. The policy also recognises that every part of previously developed land will not be suitable to be developed due to its location or proposed use and proposals must be considered against all the other relevant policies of the UDP. As noted above, the proposed land use (namely, the construction of new housing in open countryside) is unacceptable in terms of UDP policies. As a result, the proposal does not conform to the plan’s objectives and development strategy and it is considered that the application is contrary to policy C3.

5.9 Policy C5 approves proposals to develop on redevelopment sites provided they are consistent with the relevant development brief. The development brief forms part of the adopted supplementary planning guidance and is therefore a material planning consideration. The development brief for this site notes that the site should be redeveloped “for the local area’s economic and social benefit”. Although the brief does not refer to specific land uses, no reference is made to a residential development. The part of the brief that involves ‘Main policies and guidance’ does not refer to any of the UDP’s housing policies and this strongly suggests that the brief’s proposal to redevelop the site is not to redevelop the site as a housing development. As a result, it is not considered that the proposal to construct 13 houses on a site outside the boundary adheres to the contents and main aim of the brief to develop the site “for the local area’s economic and social benefit”.

5.10 The development briefs set out general principles for specific sites but the designation does not mean that any proposed land use can be acceptable on a site nor does it overcome the need for developments to comply with other relevant policies in the UDP. It is not considered that this designation as a redevelopment site outweighs the local and national policy arguments to limit new housing in open countryside.

Affordable Housing Matters 5.11 An affordable housing assessment has been submitted as part of the application. In this case, the developer is offering five affordable houses out of the 13, namely a contribution of approximately 40%. In light of the fundamental policy objection to the proposal, this element of the application was not discussed further with the developers as a greater or different contribution would not overcome the arguments of the abovementioned policy which relates to the principle of developing housing on the site.

Sustainability matters

5.12 The site has been registered with a sustainable code assessor and the applicant has submitted a pre-assessment report to show that the units could reach level 3 of the sustainable homes code. Therefore, this aspect of the application complies with policy C7 and TAN 22.

Visual amenities

5.13 The site is located in a prominent place near the A497 road. There is a mix of development forms in the area surrounding the site including individual houses, terraced houses and industrial uses. The site has been dormant since the laundry was relocated and the original building is now in an unkempt dilapidated state. There is no objection in principle to demolishing this building in order to improve the area’s visual standard. Despite this, the site’s existing state and its designation as a redevelopment site are not a means of justifying approving the application as a way of improving its visual standard when the principle of the development is otherwise unacceptable.

5.14 In addition to this, the aim of the Unitary Plan, particularly through housing policies is to protect open countryside and to prevent unacceptable developments. The site is well outside the Chwilog village boundary where there is a concentration of residential developments. The development brief acknowledges that a development must be secured that is sympathetic to its countryside location. A development of 13 new houses on this site would create a standalone urban feature, which is disconnected from any village or development pattern. Consequently, the development would be unsympathetic to its countryside location and harmful to the area’s visual amenities. Therefore, the application is contrary to policy CH9 which protects the countryside against unacceptable new housing developments and policy B23 which relates to amenities.

General and residential amenities

5.15 This application is concerned with access, design and size matters. Details relating to appearance and landscaping have been reserved. The main objection to this application by a member of the public relates to loss of privacy and light. Nevertheless, it has been shown in the plans that it would be possible to lay out and design the houses without causing overlooking, loss of privacy or unreasonable loss of light. The agent has made suggestions as to the appearance of the houses and the location of the windows, however, these details would be a material consideration when determining a reserved matters application, where any specific impact relating to this will be considered upon the submittal of detailed plans, and when it can be ensured that the requirements of policy B23 are satisfied. Therefore, it is considered that the development is acceptable in terms of the impact on general and residential amenities and the proposal meets the requirements of policy B23 and B22. Transport and access matters

5.16 Policies CH33 and CH36 relate to safety on roads and streets and private car parking facilities. The transportation unit has responded to the consultation and has no objection to the proposal. The submitted plan shows that turning and parking spaces can be provided for vehicles within the site which satisfies the requirements of policy CH36. The concerns of the objectors have been acknowledged and have been considered in full, however; with conditions it is considered that the proposal is in accordance with Policy CH33 and CH36 of the GUDP.

Linguistic Matters

5.17 Policy A2 states that proposals which would cause significant harm to the social, linguistic or cultural cohesion of communities, due to their size, scale or location, will be refused. In accordance within the Planning and the Welsh Language supplementary planning guidance, a community and linguistic impact assessment was submitted with the application which included specific information regarding the area and local population and the development’s impact on relevant matters. The report acknowledges the importance of the Welsh language and the consideration that should be given to all relevant issues.

5.18 Due to the development’s location away from any village, it is unlikely that the development would make a positive contribution to the community. However, due to the scale, nature and location of this development, it is not anticipated that the development would attract buyers searching for a second home and it is unlikely to have a harmful impact on the community. To this end, it is not believed that the proposal is contrary to Policy A2, as it is not considered that there would be pressure on the language or a negative effect on the community. This is also in accordance with the Supplementary Planning Guidance: Planning and the Welsh Language.

Flooding matters

5.19 The application site is partly located within a C2 zone, according to the development advice map referred to in TAN 15 – Development and Flood Risk. Zone C2 is recognised by TAN 15 as an area of the flood plain that does not have substantial infrastructure to protect from floods.

5.20 Policy B29 of the UDP is relevant to flooding and it states that ‘proposals for a development which is very vulnerable to harm on a site forming part of an area categorised as a C2 zone will be refused...New developments should be directed away from zone C and towards suitable land…’. Residential developments are defined as developments that are very vulnerable to harm’. In light of this as well as initial objection from Natural Resources Wales (NRW), an amended plan was received moving the houses further away from the river along with an additional report for the flood risk assessment. Following a further consultation period, NRW did not object to the proposal, provided it could be ensured that the finished floor levels of the proposed houses were sufficiently high.

5.21 Although NRW no longer object to the proposal, part of the site and some of the houses remain within the C2 flood zone. Therefore, the application must be assessed using the TAN 15 criteria. TAN 15 states that the only time where other new developments should be permitted in C1 and C2 zones is when the planning authority decides that there is justification to locate them there. There can only be justification for such a development when it can be shown that the development has to be in a C zone in order to promote, or to participate in a regeneration strategy by the local authority or in order to contribute to key employment objectives that are supported by the local authority and which are crucial in order to maintain an existing settlement. Also, the proposal would have to coincide with the objectives of Planning Policy Wales.

5.22 As discussed above, the proposed land use (namely erecting new houses in open countryside) is not acceptable in terms of UDP policies. Therefore the proposal does not comply with the objectives and the development strategy of the plan and is contrary to the criteria of TAN 15. Hence, there is no justification to locate houses (even on a small part of the site) in a C2 flood zone. Therefore, in the context of TAN 15 and Policy B29, it is considered that there is no option other than to refuse the application on these grounds.

Biodiversity matters

5.23 Policy B20 of the Unitary Development Plan involves protecting species and their habitats that are internationally and nationally important. Bat surveys have been submitted as part of the application and the results show that the building is used by bats. The plan also includes plans to provide a new building as a bat roost. NRW has no objections to the proposal subject to the implementation of the mitigation measures within the bat report. Therefore, it is considered that the proposal complies with the requirements of policy B20 above.

6. Conclusions:

6.1 It is considered that this proposal does not comply with the requirements of policies C1, C3, C5, CH9, B23 or B29 of the Unitary Development Plan due to its countryside location as described above. All material considerations have been addressed when determining this application; however, this has not changed the recommendation.

7. Recommendation:

7.1 Refuse on the following grounds:

1. The proposal is contrary to the requirements of Policy C1, C3, C5, CH7 and CH9 of the Gwynedd Unitary Development Plan along with Planning Policy Wales, Chapter 9 – Housing as it involves erecting new housing in open countryside without any justification.

2. The proposal is contrary to the requirements of Policy B23 and CH9 of the Gwynedd Unitary Development Plan as the development would create a standalone urban feature, that would be disconnected from any village or development patterns and would be unsympathetic to its countryside location and harmful to the area’s visual amenities.

3. The proposal is contrary to the requirements of Policy B29 of the Gwynedd Unitary Development Plan and Technical Advice Note 15 as part of the site is located within a C2 flood zone and there is no justification for the development in this location.

Number: 8

Application Number: C14/0304/38/LL Date Registered: 09/04/2014 Application Type: Full - Planning Community: Llanbedrog Ward: Llanbedrog

Proposal: VARY CONDITION 5 ON PLANNING PERMISSION C06D/0117/38/LL TO BE ABLE TO USE THE SITE ALL YEAR FOR HOLIDAY PURPOSES. Location: CRUGAN HOLIDAY PARK, LLANBEDROG, PWLLHELI, GWYNEDD, LL53 7NL

Summary of the To approve subject to conditions Recommendation:

1. Description:

1.1 This is an application to cancel condition 5 on planning permission C06D/0117/37/LL to allow a holiday season lasting 12 months. This proposal therefore extends the occupancy period of static caravans on the site from ten and a half months to 12 months. The existing permission restricts the occupancy of the caravans from 1 March to 10 January the following year. It is not intended to add to the number of caravans on the site only to extend the occupancy period for holiday use. There will be no amendments or additions to the existing facilities on the site.

1.2 A letter was received from the agent enclosing documents and explaining the measures which the applicant has in place to ensure holiday use only. The measures include:

 A legal contract which prohibits the use of the caravan as a permanent residence and which requests the details of the main residence of the owner of the caravan along with documentary evidence of residence in the address given.  The Haulfryn Group has a schedule of documents which are accepted as proof of permanent residence. These documents must be either (a) a current utilities bill (b) a current council tax invoice (c) a bank statement showing activity over the last three month (ch) a driving licence. The owner of the holiday caravan must submit these proof documents to the Haulfryn Group on an annual basis.  The Haulfryn Group sends a letter on an annual basis to all owners of holiday caravans asking for proof of insurance and proof of permanent residence.

1.3 The site, which has 101 static caravans, is located on the outskirts of the village of Llanbedrog near the A499 highway. The site is located outside the development boundary and within a Landscape Conservation Area.

1.4 The application is being submitted to Committee as three objections have been received. 2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009:

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

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

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

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

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

POLICY D18 – STATIC CARAVAN AND HOLIDAY CHALET SITES – EXTENDING THE SEASON - Proposals for extending the holiday season of static holiday caravan sites (single and double units) and holiday chalet sites to ten and a half months will be approved provided the standard of the units is appropriate for human habitation during the winter period.

Supplementary Planning Guidance: Holiday Accommodation (July, 2011) Supplementary Planning Guidance: Planning and the Welsh Language (November 2009)

2.3 National Policies:

Planning Policy Wales (Sixth edition, February 2014) Chapter 11 Tourism, Sport and Recreation 11.3.3 Authorities need to consider the effect of sport and recreation activities on any neighbouring facilities in terms of noise, light, traffic and in the case of larger developments, ease of access and the safety of residents, users and the public. Technical Advice Note 13 – Tourism Paragraph 14 – Authorities should give sympathetic consideration to applications to extend the opening period permitted under existing permissions. 3. Relevant Planning History:

3.1 There are several historic applications. The most recent history for the site is: C06D/0117/38/LL – Extend holiday period for a static caravan site to ten and a half months - Approved 27 April 2006.

4. Consultations:

Community/Town Council: Strongly object to the application: Reasons for objecting are far stronger than the argument to open it throughout the year. To object for the following reasons:-  The original intention of caravan parks was to promote tourism and to enable ordinary people to enjoy holidays in the countryside when factories and schools were closed. The demand for accommodation was greater than the supply of housing and hotels available for the period between April and September. Permission was granted for the caravan parks from March until the end of October.  In recent years there has been a demand to open over Christmas with a licence until mid-January. It is questioned whether this is wise.  Extending the season of caravan parks has led to deterioration in hotels and bed and breakfast accommodation and many have closed.  Now they are not caravans but luxury cabins with central heating, water and sewerage – to all purposes they are houses and it is no surprise that the owners want to open throughout the year.  It is believed that there are economic and financial benefits from extending the season – but where will the money go? Most are companies over the border. The money goes out of the area rather than changing hands locally. Similarly with many shops and supermarkets – the money again goes out of the area.  It is accepted that the site creates work but many are part- time workers and no expansion can be seen as a result of opening for an additional six weeks.  Community Services, e.g. doctors, nurses, ambulance, hospitals and the fire service are under pressure and are facing cuts. With the growth in population, the problem will exacerbate. This in itself is sufficient reason to refuse.  If this application is approved the door will be open for the remainder of the sites to do the same. With approximately 1,500 caravans in the parish of Llanbedrog and Llanengan, this could create massive problems. If there were only two people in each one the increase in population is three thousand – nearly the size of the town of Pwllheli. This cannot be accepted.  The future of the Welsh language and culture of the area is in the balance if approved and it will create a precedent for similar applications. Over the years we have seen an influx of non-Welsh speakers coming into our communities and an increased deterioration in the language. This must be prevented and the Welsh Government’s Planning Department has a part to play by supporting county councils in refusing such applications. If permission is approved to open throughout the year, the influx will increase with strangers looking for work at the expense of local residents in an area where work is at a premium.  Their children will need education and although there is a Welsh medium school, the language at home will be English and will percolate into the playing field and societies – already more English than Welsh is heard spoken in Llanbedrog and Abersoch.  It is questioned whether the inward migrants will be eligible to receive free benefits such as bus and train tickets and medicines. What will be the response of the Welsh government?  There is also the likelihood that the caravans could be rented throughout the year and it is predicted that many will come into the area and then declare themselves to be homeless in order to receive a community house. Again, these people will have priority over local people and this is completely unfair. The above reasons are numerous and sensible and the Council is of the opinion that the application is refused. If it is taken to appeal, as is likely for large companies, the Council is willing to support your stance.

Caravan Officer: There are no observations on the occupancy period in general. However, lack of compliance with licence conditions is a matter of concern where the extension of occupancy period is in question. Public Consultation: A notice was placed on the site and neighbouring residents were informed. The notification period ended on 7 May 2014 and two letters had been received objecting to the application on the following grounds:  The proposal is contrary to Policy D18 as it would extend the holiday season to 12 months.  The proposal is contrary to Technical Advice Note 20: Planning and the Welsh Language which allows for the interests and needs of the Welsh language to be taken into consideration. Approving the application would have a negative impact on the interests of the Welsh language and on the local community.  Cumulative impact of approving the application considering the number of other caravan sites in Gwynedd.  Creating a precedent for all other caravan sites in our parishes.  Difficult to supervise.

5. Assessment of the material planning considerations:

Principle of the development

5.1 In order to assess this application, it will be necessary to consider National Planning Policy which is a material planning consideration in determining planning applications. Chapter 11 – ‘Tourism, Sport and Recreation’ of Planning Policy Wales (PPW) (6th edition, 2014) includes the national Planning Policy guidance on the matter. PPW highlights that the planning system should seek to promote a sustainable tourism sector which enables it to contribute to economic development, conservation, rural diversification, urban regeneration and social inclusion – and in doing so; recognising the needs of visitors and those of local communities.

11.1.7 ‘In rural areas, tourism-related development is an essential element in providing for a healthy, diverse, local and national economy. It can contribute to the provision and maintenance of facilities for local communities. Here too development should be sympathetic in nature and scale to the local environment and to the needs of visitors and the local community”.

5.2 Planning Policy Wales is endorsed by a series of Technical Advice Notes (TANs). The TAN which specifically relates to tourism is Note 13: ‘Tourism’ (1997). The TAN suggests that there are some cases where a holiday occupancy condition could be more appropriate than setting a seasonal occupancy condition. The TAN provides guidance on national planning policy in relation to development in rural communities. It emphasises that the planning system can respond to changes in tourism without compromising policies to safeguard the countryside, and there are cases where a holiday occupancy condition could reconcile these two objectives. Although it refers to the conversion of buildings to provide holiday accommodation or residential accommodation rather than caravans or chalets, the fact that priority is given to holiday use rather than residential use, due to its contribution to the rural economy and the recognition that this could reduce pressure on using housing for holiday use, is something to note in this context.

5.3 Therefore, from the perspective of national planning policy, developments that are of importance to the tourism sector, especially in rural areas, are encouraged, subject to reasonable and appropriate management. Further to this, the National Planning Policy does not refer to any specific period in connection with the holiday season for the use of caravan sites, for holiday use purposes.

5.4 Policy D18 of the Unitary Development Plan is a specific policy which supports applications to extend the holiday season of holiday sites to a period of ten and a half months, provided the standard of the units is appropriate for holiday use during the winter period.

5.5 Historically, conditions have been placed on such sites to ensure that only holiday use occurs and also, historically, the standard of the units was not suitable for use in winter. By now, the manufacturing of caravans is of a much better standard which means that they are more suitable to be used for holiday use all year round. Also, the nature of holidays has become more varied in terms of location, season and length. Many more people go on holiday several times a year now, more frequently and for varying lengths of stay, and not necessarily during the summer.

5.6 The UDP already acknowledges that the seasonal nature of tourism causes significant variation in the demand for workers during the year, and has a notable effect on the economic prosperity of Gwynedd. Therefore, the Plan encourages extending the demand for accommodation beyond the traditional holiday period. The Supplementary Planning Guidance: Holiday Accommodation (2011) also refers to using holiday occupancy conditions which allows for the use of holiday units throughout the year, for holiday purposes, but with relevant conditions which ensure that such units are not used for permanent residential use.

5.7 Although Policy D18 of the UDP states that proposals to extend the occupancy period from 1 March to 1 January will be approved there is no restriction or guidance in the condition to prevent extending the period further. There are many case laws that are clear and supportive on this matter. Furthermore, the SPG ‘Holiday Accommodation’ (2011) does not refer to any specific holiday period/season, rather, it places the emphasis on supporting the principle of extending the holiday period, with management of the use through a specific condition. The SPG reflects current national policy as it makes no reference to a specific holiday period/season.

5.8 Based on the above, it is considered that the proposal is acceptable and accords with relevant local and national planning policies relating to holiday accommodation.

Visual amenities

5.9 This proposal will not make the existing situation worse in relation to the impact of the static caravans on the environment as they are already located on the site throughout the year and it is not intended to increase their number. Therefore, it is believed that the proposal is acceptable in relation to the requirements of Policies B10 and B23 of the UDP in relation to safeguarding the amenities of the Landscape Conservation Area and the local neighbourhood. General and residential amenities

5.10 It is not believed that extending the occupancy period of the caravans will have a significant impact on the amenities of neighbouring residents bearing in mind that the site already has approval to be used for ten and a half months and that it only adds an extra month and a half to the existing occupancy period. As the site is unlikely to be full to capacity during this period it is not considered that the proposal would cause significant harm to the amenities of local residents, and that the additional disturbance, if any, would be minimal. It must also be considered that nothing in respect of planning control prevents the caravan owners from visiting the units for maintenance purposes during the six weeks when they cannot be occupied, and therefore the potential of journeys back and forth already exists. On this basis, it is therefore considered that the proposal is acceptable in terms of the requirements of Policy B23 as above.

Transport and access matters

5.11 The application does not involve any increase in the number of static caravans, only an extension to the occupancy period. It is not believed that the extra month and a half in the caravan occupancy period would lead to a significant escalation in the use of the roads network serving the site. Therefore, it is considered that the proposal complies with Policy CH33.

Planning and the Welsh Language

5.12 Policy A1 of the Development Plan is involved with Environmental Assessments or other Impact Assessments, such as language, and states that ‘proposals will be refused unless sufficient information is provided with the planning application concerning any significant likely environmental or other impacts’.

5.13 In the same manner, Policy A2 of the Development Plan relates to Protecting the Social, Linguistic and Cultural Fabric of Communities. This policy requests that ‘proposals that would, because of their size, scale or location cause significant harm to the social, linguistic or cultural cohesion of communities’ be refused.

5.14 The Supplementary Planning Guidance: Planning and the Welsh Language (November 2009) states that the Planning Authority will request a Community and Language Statement as part of a planning application for developments that fall into one or more of the following categories:-

 a development of five or more residential units on a site/land that has not already been designated for residential use in the development plan

 a commercial, industrial or tourist development with an area of 1000m2 or more

 a development which is likely to lead to the loss of community facilities or employment opportunities  a tourism development that will create ten or more holiday units

5.15 The proposal does not add to the number of holiday units that already have planning permission. The proposal is for holiday use only and not for permanent residential use. In accordance with local and national policy it is intended to attach appropriate conditions to ensure that the units are only used for holiday accommodation, and not as a main residence. Also, as explained in the in paragraph 1.2 of the report, the Haulfryn Company have measures in place to ensure that the caravans are used for holiday use and not as the main place of residence. It is not considered, therefore, that the proposal falls within the above criteria; therefore there is no justification to request a Community and Language Statement.

5.16 The SPG also states: ‘From time to time, new developments that are substantial in terms of their scale and likely impacts on the community may be submitted unexpectedly to the Planning Authority. In this respect it is difficult to anticipate the specific size or actual type of development that is submitted. Despite this, it is reasonable to suggest that developments that are on a larger scale and that are more significant in their likely impact on communities will fall into one or more of the following categories, namely ones which:-

• are over and above the needs and aspirations of local communities

• are on unallocated land/sites and are contrary to the policies of the Development Plan

• are not part of a local project or strategy

• replicate past tendencies where a damaging effect has occurred on communities and language

• are on a large scale in comparison with the level of demand in the local market

• are not likely to contribute to communities in a sustainable manner

The assessment of any planning application will be a matter for the Planning Authority and it will decide whether an application falls within the above-mentioned definitions. If that is the case, developers will be required to prepare a Community and Language Impact Assessment which is much more rigorous than a Community and Language Statement.

5.17 It is not considered either that the proposal to extend the holiday season by six weeks (from 10.5 months to 12 months or from 46 weeks to 52 weeks) is more substantial in terms of its scale or its possible impact on the community than what already exists. The proposal cannot be reasonable considered to be ‘on a larger scale’ than what is outlined in the above criteria which relate to submitting a Community and Language Statement. Therefore it is not considered that these criteria are relevant and there are no grounds to request a Community and Language Impact Assessment. It is emphasised that there would be appropriate conditions to ensure that the units were only used as holiday accommodation and not as a main place of residence, and this is an enforceable condition. A condition for keeping a register would facilitate monitoring and enforcement arrangements. Wider context of the application

5.18 Several similar cases have been recorded in the volumes of ‘Development Control Practice’ (DCP) which also mentions Circular 35/95 (Wales) – ‘The Use of Conditions in Planning Permissions’. The Circular states that planning conditions should only be imposed because:

1. They are ‘Necessary’ 2. They are ‘relevant to planning’ 3. They are ‘relevant to the development which is to be permitted’ 4. They are enforceable 5. They are ‘Precise’ 6. They are ‘Reasonable in all other respects’

5.19 In accordance with this the DCP notes that such a condition should simply state that the accommodation is to be used as holiday accommodation only, and that the reference to date(s) should only apply if the unit is unsuitable for holiday use all year round because of its light construction. Following on from this, part 24.241 of the DCP states that for these reasons, ‘a condition imposed today would be a version of: ‘The units hereby approved shall be used only for holiday accommodation and not for permanent residential accommodation’.

5.20 It is explained in the DCP that ‘better standard to caravans and all-year tourism patterns mean that authorities should give more sympathetic consideration to applications to extend the opening period approved under existing permissions’. Legal opinion on a similar application confirms that it is acceptable for sites to be open throughout the year, subject to conditions which will ensure that the caravans will not be used as permanent living units. This can be achieved by imposing a holiday only condition, which is considered acceptable. If a register was considered necessary, as a tool to collect information on the main condition, this could be reasonable and would not intervene excessively. Relevant conditions for managing the use would therefore include: i) The units approved shall be used for holiday accommodation only, and not for permanent residential accommodation. ii) Owners/operators of the site must keep an up-to-date register of the names of all owners/residents of each individual caravan on the site, together with their main address, and this information should be available to the Local Planning Authority at any reasonable time.

5.21 Recent Appeals have been approved in relation to similar applications:

5.22 Caerwys Caravan Park, Caerwys (June 2012) (APP/A6835/A/12/2169310) Approval of an appeal to change the holiday season condition of a caravan site for a condition stating that the caravans were to be used as holiday accommodation only, and not as any person’s main place of residence. The Inspector was satisfied that the condition suggested was clear in its restriction and therefore abolished the holiday season condition and replaced it with a condition that the caravans were only used as holiday accommodation, and not as any person’s main place of residence.

5.23 The appeal in Caerwys stated that there was no need to keep a register since doing so would be too laborious. Following legal advice, there was disagreement with the Inspector’s decision in the case of Caerwys not to include a condition requesting that a register be kept. There are several cases (see below) where Planning Inspectors have used the condition of keeping registers in their decisions. It is considered that such a condition is reasonable and meets the six criteria referred to above with regard to the use of planning conditions. It is also believed that keeping a register would be a means of collecting information on the condition which restricts the use to holiday use only. As such, it is considered that such a condition is acceptable and would not cause excessive interference, and that it is therefore appropriate to impose such a condition on this application.

5.24 Coppice Leisure Park, Ockeridge, Wichenford, Worcester (March 2012) (APP/J1860/A/11/2165323) – Inspector of the opinion that a condition stipulating holiday accommodation only and no other residential use was sufficient, and that a condition noting dates or a specific period was not required. Also suggested a condition for keeping a register.

5.25 The Croft, Upper Denbigh Rd, St Asaph (December 2010) (APP/R6830/A/10/2125079) Approval of an appeal to install 21 ‘lodges’ together with associated works subject to relevant conditions including a condition on holiday use only and not using the units as a person’s main place of residence. Also requested that an up-to-date register be kept.

5.26 Llwyn Afon Caravan Park, Llanrhaeadr, Denbigh (June 2010) (APP/R6830/A/10/2125469) Approval of an appeal for eight static units to replace 12 touring units without a 10.5 month condition, subject to conditions including holiday use only, not using the units as a person’s main place of residence and keeping an up-to-date register.

5.27 The Nurseries Garden Centre, Stockton Rd, South Kilvington (July 2008) (APP/G2713/4/08/2064528) Approve an appeal for 18 caravans/log cabins subject to conditions including holiday use only, not using the units as a person’s main place of residence and keeping an up-to-date register.

5.28 Following the appeal decision for Caerwys, other Planning Authorities in North Wales were contacted, to see how they intended to seek to control caravan sites. The intention of the Authorities who gave a clear opinion on the matter was to consider continuing using the condition on keeping a register, with the condition on holiday use only.

5.29 In relation to Gwynedd Council, there was a recent appeal decision on application C12/1323/41/LL at Ocean Heights, Chwilog which related to changing condition 5 of the previous application C11/0986/41/LL which read ‘none of the 94 holiday caravans on the site shall be occupied between 10 January and 1 March in the same year’. The Planning Committee refused the application as it did not comply with Policy D18 of the UDP, and as the proposal was contrary to Technical Advice Note 20: ‘The Welsh Language – Unitary Development Plans and Planning Control’ as it was considered that approving the application would have a negative impact on the interests of the Welsh language and on the local community. The Inspector approved the appeal with the following condition:

‘The caravans will be used for holiday purposes only and they will not be occupied as the sole or main residence of an individual. The owners/operators of the caravan park will keep an up-to-date register, record and licence agreements of all the names of owners/occupiers of the caravans on the site and the addresses of their main residences and they will ensure that the information is available at all reasonable times to the Local Planning Authority.’

5.30 The Inspector concluded that the development would not have a significant adverse impact on the Welsh language and that the proposal was not contrary to the revised Technical Advice Note 20 or to policy A2 of the UDP which considers the impacts of the development on linguistic, community and cultural matters. The Inspector also noted that it would be possible to impose the abovementioned condition in order to ensure that the proposal satisfies the aims of Policy D18 of the UDP which relates to extending the holiday period, and that this condition was sufficient to ensure occupancy for holiday purposes only and to prevent permanent occupancy of the units.

6. Conclusions:

6.1 It is considered that this application, with relevant conditions, is acceptable on policy grounds and on the grounds of any potential impact on the amenities of nearby residents and the wider area. All material considerations have been addressed when determining this application; however, this has not changed the recommendation.

7. Recommendation:

7.1 To approve – conditions

The caravans will be used for holiday purposes only and they will not be occupied as the sole or main residence of an individual. The owners/operators of the caravan park will keep an up-to-date register, record and licence agreements of all the names of owners/occupiers of the caravans on the site and the addresses of their main residences and they will ensure that the information is available at all reasonable times to the Local Planning Authority.

Number: 9

Application Number: C14/0306/39/LL Date Registered: 09/04/2014 Application Type: Full - Planning Community: Llanengan Ward: Abersoch

Proposal: VARY CONDITION 3 ON PLANNING PERMISSION C06D/0116/39/LL TO BE ABLE TO USE THE SITE ALL YEAR FOR HOLIDAY PURPOSES Location: HAULFRYN TALYFAN, ABERSOCH, PWLLHELI, GWYNEDD, LL537UD

Summary of the To approve subject to conditions Recommendation:

1. Description:

1.1 This is an application to cancel condition 3 on planning permission C06D/0116/39/LL to allow a holiday season lasting 12 months. This proposal therefore extends the occupancy period of static caravans on the site from ten and a half months to 12 months. The existing permission restricts the occupancy of the caravans from 1 March to 10 January the following year. It is not intended to add to the number of caravans on the site only to extend the occupancy period for holiday use.

1.2 A letter was received from the agent enclosing documents and explaining the measures which the applicant has in place to ensure holiday use only. The measures include:  A legal contract which prohibits the use of the caravan as a permanent residence and which requests the details of the main residence of the owner of the caravan along with documentary evidence of residence in the address given.  The Haulfryn Group has a schedule of documents which are accepted as proof of permanent residence. These documents must be either (a) a current utilities bill (b) a current council tax invoice (c) a bank statement showing activity over the last three months (ch) a driving licence. The owner of the holiday caravan must present these proof documents to the Haulfryn Group on an annual basis.  The Haulfryn Group sends a letter on an annual basis to all owners of holiday caravans asking for proof of insurance and proof of permanent residence.

1.3 There will be no amendments or additions to the existing facilities on the site.

1.4 The site is located in the countryside near the A499 highway between Abersoch and Llanbedrog. The site is located within the Area of Outstanding Natural Beauty.

1.5 The application is submitted to Committee at the Local Member’s request and following receipt of three objections to the proposal. 2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009:

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

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

POLICY B8 – THE LLŶN AND ANGLESEY AREAS OF OUTSTANDING NATURAL BEAUTY (AONB) - Safeguard, maintain and enhance the character of the Areas of Outstanding Natural Beauty by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features of the site.

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

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

POLICY D18 – STATIC CARAVAN AND HOLIDAY CHALET SITES – EXTENDING THE SEASON - Proposals for extending the holiday season of static holiday caravan sites (single and double units) and holiday chalet sites to ten and a half months will be approved provided the standard of the units is appropriate for human habitation during the winter period.

Supplementary Planning Guidance: Holiday Accommodation (July, 2011)

Supplementary Planning Guidance: Planning and the Welsh Language (November 2009)

2.3 National Policies:

Planning Policy Wales (Sixth edition, February 2014) Chapter 11 Tourism, Sport and Recreation 11.3.3 Authorities need to consider the effect of sport and recreation activities on any neighbouring facilities in terms of noise, light, traffic and in the case of larger developments, ease of access and the safety of residents, users and the public. Technical Advice Note 13 – Tourism Paragraph 14 – Authorities should give sympathetic consideration to applications to extend the opening period permitted under existing permissions.

3. Relevant Planning History:

3.1 The site has substantial history and the most recent application for the site was:- C06D/0116/39/LL – Extend holiday period for static caravan site to ten and a half months from 1 March of one year to 10 January the following year - Approved 17 May 2006.

4. Consultations:

Llanengan Community Council: Object because it would set a precedent for other sites (there is a total of approximately four thousand caravans in this community). Concern was expressed that this would open the door to use caravans as permanent residences – need for careful monitoring – and concerns regarding the impact on the Welsh language together with creating additional pressure on services especially medical services.

Llanbedrog Community Strongly object to the application. Reasons for objecting far stronger Council: than the arguments for opening them throughout the year. To refuse for the following reasons:-  The original intention of caravan parks was to promote tourism and to enable ordinary people to enjoy holidays in the countryside when factories and schools were closed. The demand for accommodation was greater than the supply of housing and hotels available for the period between April and September. Permission was granted for the parks to open from March until the end of October.  In recent years there has been a demand to open over Christmas with a licence until mid-January. The wisdom of doing this is questioned.  Extending the season of caravan parks has led to deterioration in hotels and bed and breakfast accommodation and many have closed.  Now they are not caravans but luxury cabins with central heating, water and sewerage – to all purposes they are houses and it is no surprise that the owners want to open throughout the year.  It is believed that there are economic and financial benefits from extending the season – but where will the money go? Most are companies from over the border. The money goes out of the area rather than changing hands locally. Similarly with many shops and supermarkets – the money again goes out of the area.  It is accepted that the site creates work but many are part- time workers and no expansion can be seen as a result of opening for an additional six weeks.  Community Services, e.g. doctors, nurses, ambulance, hospitals and the fire service are under pressure and are facing cuts. With the growth of population, the problem will exacerbate. This in itself is sufficient reason to refuse.  If this application is approved the door will be open for the remainder of the sites to do the same. With approximately 1,500 caravans in the parish of Llanbedrog and Llanengan, this could create massive problems. If there were only two people in each caravan the increase in population is three thousand – nearly the size of the town of Pwllheli. This cannot be accepted.  The future of the Welsh language and culture of the area is in the balance if approved and it will create a precedent for similar applications. Over the years we have seen an influx of non-Welsh speakers into our communities and an increased deterioration in the language. This must be prevented and the Welsh Government’s Planning Department has a part to play by supporting county councils in refusing such applications. If permission is approved to open throughout the year, the influx will increase with strangers looking for work at the expense of local residents in an area where work is at a premium.  Their children will need education and although there is a Welsh medium school, the language at home will be English and will percolate into the playing field and societies – already more English than Welsh is heard spoken in Llanbedrog and Abersoch.  It is questioned whether the inward migrants will be eligible to receive free benefits such as bus and train tickets and medicines. What will be the response of the Welsh government?  There is also the likelihood that the caravans could be rented throughout the year and it is predicted that many will come into the area and then declare themselves to be homeless in order to receive a community house. Again, these people will have priority over local people and this is completely unfair. The above reasons are numerous and sensible and the Council is of the opinion that the application is refused. If it is taken to appeal, as is likely for large companies, the Council is willing to support your stance.

Caravan Officer: No observations on the occupancy period in general but drawing attention to shortcomings in terms of compliance with licensing conditions.

Natural Resources Wales: Low risk to the environment. Public Consultation: A notice was placed on the site and neighbouring residents were informed. The notification period ended on 7 May 2014 and four objections to the application have been received on the following grounds:  The proposal is contrary to Policy D18 as it would extend the holiday season to 12 months.  The proposal is contrary to Technical Advice Note 20: Planning and the Welsh Language which allows for the interests and needs of the Welsh language to be taken into consideration. Approving the application would have a negative impact on the interests of the Welsh language and on the local community.  Cumulative impact of approving the application considering the number of other caravan sites in Gwynedd.  Creating a precedent to all other caravan sites in our parishes.  Creating sub-standard permanent houses.  Difficult to supervise.  Putting pressure on the health and medical services.

5. Assessment of the material planning considerations:

Principle of the development

5.1 In order to assess this application, it will be necessary to consider National Planning Policy which is a material planning consideration in determining planning applications. Chapter 11 – ‘Tourism, Sport and Recreation’ of Planning Policy Wales (PPW) (6th edition, 2014) includes the national Planning Policy guidance on the matter. PPW highlights that the planning system should seek to promote a sustainable tourism sector which enables it to contribute to economic development, conservation, rural diversification, urban regeneration and social inclusion – and in doing so; recognising the needs of visitors and those of local communities.

11.1.7 ‘In rural areas, tourism-related development is an essential element in providing for a healthy, diverse, local and national economy. It can contribute to the provision and maintenance of facilities for local communities. Here too development should be sympathetic in nature and scale to the local environment and to the needs of visitors and the local community”.

5.2 Planning Policy Wales is endorsed by a series of Technical Advice Notes (TANs). The TAN which specifically relates to tourism is Note 13: ‘Tourism’ (1997). The TAN suggests that there are some cases where a holiday occupancy condition could be more appropriate than setting a seasonal occupancy condition. The TAN provides guidance on national planning policy in relation to development in rural communities. It emphasises that the planning system can respond to changes in tourism without compromising policies to safeguard the countryside, and there are cases where a holiday occupancy condition could reconcile these two objectives. Although it refers to the conversion of buildings to provide holiday accommodation or residential accommodation rather than caravans or chalets, the fact that priority is given to holiday use rather than residential use, due to its contribution to the rural economy and the recognition that this could reduce pressure on using housing for holiday use, is something to note in this context.

5.3 Therefore, from the perspective of national planning policy, developments that are of importance to the tourism sector, especially in rural areas, are encouraged, subject to reasonable and appropriate management. Further to this, the National Planning Policy does not refer to any specific period in connection with the holiday season for the use of caravan sites, for holiday use purposes.

5.4 Policy D18 of the Unitary Development Plan is a specific policy which supports applications to extend the holiday season of holiday sites to a period of ten and a half months, provided the standard of the units is appropriate for holiday use during the winter period.

5.5 Historically, conditions have been placed on such sites to ensure that only holiday use occurs and also, historically, the standard of the units was not suitable for use in winter. By now, the manufacturing of caravans is of a much better standard which means that they are more suitable to be used for holiday use all year round. Also, the nature of holidays has become more varied in terms of location, season and length. Many more people go on holiday several times a year now, more frequently and for varying lengths of stay, and not necessarily during the summer.

5.6 The UDP already acknowledges that the seasonal nature of tourism causes significant variation in the demand for workers during the year, and has a notable effect on the economic prosperity of Gwynedd. Therefore, the Plan encourages extending the demand for accommodation beyond the traditional holiday period. The Supplementary Planning Guidance: Holiday Accommodation (2011) also refers to using holiday occupancy conditions which allows for the use of holiday units throughout the year, for holiday purposes, but with relevant conditions which ensure that such units are not used for permanent residential use.

5.7 Although Policy D18 of the UDP states that proposals to extend the occupancy period from 1 March to 1 January will be approved there is no restriction or guidance in the condition to prevent extending the period further. There are many case laws that are clear and supportive on this matter. Furthermore, the SPG ‘Holiday Accommodation’ (2011) does not refer to any specific holiday period/season; rather, it places the emphasis on supporting the principle of extending the holiday period, with management of the use through a specific condition. The SPG reflects current national policy as it makes no reference to a specific holiday period/season.

5.8 Based on the above, it is considered that the proposal is acceptable and accords with relevant local and national planning policies relating to holiday accommodation.

Visual amenities

5.9 This proposal will not make the existing situation worse in relation to the impact of the static caravans on the environment as they are already located on the site throughout the year and it is not intended to increase their number. Therefore, it is believed that the proposal is acceptable in relation to the requirements of Policies B8 and B23 of the UDP in relation to safeguarding the amenities of the Area of Outstanding Natural Beauty and the local neighbourhood. General and residential amenities

5.10 It is not believed that extending the occupancy period of the caravans will have a significant impact on the amenities of neighbouring residents bearing in mind that the site already has approval to be used for ten and a half months and that it only adds an extra month and a half to the existing occupancy period. As the site is unlikely to be full to capacity during this period it is not considered that the proposal would cause significant harm to the amenities of local residents, and that the additional disturbance, if any, would be minimal. It must also be considered that nothing in respect of planning control prevents the caravan owners from visiting the units for maintenance purposes during the six weeks when they cannot be occupied, and therefore the potential of journeys back and forth already exists. On this basis, it is therefore considered that the proposal is acceptable in terms of the requirements of Policy B23 as above.

Transport and access matters

5.11 The application does not involve any increase in the number of static caravans, only an extension to the occupancy period. It is not believed that the extra month and a half in the caravan occupancy period would lead to a significant escalation in the use of the roads network serving the site. Therefore, it is considered that the proposal complies with Policy CH33.

Planning and the Welsh Language

5.12 Policy A1 of the Development Plan is involved with Environmental Assessments or other Impact Assessments, such as language, and states that ‘proposals will be refused unless sufficient information is provided with the planning application concerning any significant likely environmental or other impacts’.

5.13 In the same manner, Policy A2 of the Development Plan relates to Protecting the Social, Linguistic and Cultural Fabric of Communities. This policy requests that ‘proposals that would, because of their size, scale or location cause significant harm to the social, linguistic or cultural cohesion of communities’ be refused.

5.14 The Supplementary Planning Guidance: Planning and the Welsh Language (November 2009) states that the Planning Authority will request a Community and Language Statement as part of a planning application for developments that fall into one or more of the following categories:-

• a development of five or more residential units on a site/land that has not already been designated for residential use in the development plan

• a commercial, industrial or tourist development with an area of 1000m2 or more

• a development which is likely to lead to the loss of community facilities or employment opportunities

 a tourism development that will create ten or more holiday units 5.15 The proposal does not add to the number of holiday units that already have planning permission. The proposal is for holiday use only and not for permanent residential use. In accordance with local and national policy it is intended to attach appropriate conditions to ensure that the units are only used for holiday accommodation, and not as a main residence. Also, as explained in the in paragraph 1.2 of the report, the Haulfryn Company have measures in place to ensure that the caravans are used for holiday use and not as the main place of residence. It is not considered, therefore, that the proposal falls within the above criteria; therefore there is no justification to request a Community and Language Statement.

5.16 The SPG also states: ‘From time to time, new developments that are substantial in terms of their scale and likely impacts on the community may be submitted unexpectedly to the Planning Authority. In this respect it is difficult to anticipate the specific size or actual type of development that is submitted. Despite this, it is reasonable to suggest that developments that are on a larger scale and that are more significant in their likely impact on communities will fall into one or more of the following categories, namely ones which:-

• are over and above the needs and aspirations of local communities

• are on unallocated land/sites and are contrary to the policies of the Development Plan

• are not part of a local project or strategy

• replicate past tendencies where a damaging effect has occurred on communities and language

• are on a large scale in comparison with the level of demand in the local market

• are not likely to contribute to communities in a sustainable manner

The assessment of any planning application will be a matter for the Planning Authority and it will decide whether an application falls within the above-mentioned definitions. If that is the case, developers will be required to prepare a Community and Language Impact Assessment which is much more rigorous than a Community and Language Statement.

5.17 It is not considered either that the proposal to extend the holiday season by six weeks (from 10.5 months to 12 months, or from 46 weeks to 52 weeks) is more substantial in terms of its scale or its possible impact on the community than what already exists. The proposal cannot be reasonable considered to be ‘on a larger scale’ than what is outlined in the above criteria which relate to submitting a Community and Language Statement. Therefore it is not considered that these criteria are relevant and there are no grounds to request a Community and Language Impact Assessment. It is emphasised that there would be appropriate conditions to ensure that the units were only used as holiday accommodation and not as a main place of residence, and this is an enforceable condition. A condition for keeping a register would facilitate monitoring and enforcement arrangements. Wider context of the application

5.18 Several similar cases have been recorded in the volumes of ‘Development Control Practice’ (DCP) which also mentions Circular 35/95 (Wales) – ‘The Use of Conditions in Planning Permissions’. The Circular states that planning conditions should only be imposed because:

1. They are ‘Necessary’ 2. They are ‘relevant to planning’ 3. They are ‘relevant to the development which is to be permitted’ 4. They are enforceable 5. They are ‘Precise’ 6. They are ‘Reasonable in all other respects’

5.19 In accordance with this the DCP notes that such a condition should simply state that the accommodation is to be used as holiday accommodation only, and that the reference to date(s) should only apply if the unit is unsuitable for holiday use all year round because of its light construction. Following on from this, part 24.241 of the DCP states that for these reasons, ‘a condition imposed today would be a version of: ‘The units hereby approved shall be used only for holiday accommodation and not for permanent residential accommodation’.

5.20 It is explained in the DCP that ‘better standard to caravans and all-year tourism patterns mean that authorities should give more sympathetic consideration to applications to extend the opening period approved under existing permissions’. Legal opinion on a similar application confirms that it is acceptable for sites to be open throughout the year, subject to conditions which will ensure that the caravans will not be used as permanent living units. This can be achieved by imposing a holiday only condition, which is considered acceptable. If a register was considered necessary, as a tool to collect information on the main condition, this could be reasonable and would not intervene excessively. Relevant conditions for managing the use would therefore include:

i) The units approved shall be used for holiday accommodation only, and not for permanent residential accommodation. ii) Owners/operators of the site must keep an up-to-date register of the names of all owners/residents of each individual caravan on the site, together with their main address, and this information should be available to the Local Planning Authority at any reasonable time.

5.21 Recent Appeals have been approved in relation to similar applications:

5.22 Caerwys Caravan Park, Caerwys (June 2012) (APP/A6835/A/12/2169310) Approval of an appeal to change the holiday season condition of a caravan site for a condition stating that the caravans were to be used as holiday accommodation only, and not as any person’s main place of residence. The Inspector was satisfied that the condition suggested was clear in its restriction and therefore abolished the holiday season condition and replaced it with a condition that the caravans were only used as holiday accommodation, and not as any person’s main place of residence.

5.23 The appeal in Caerwys stated that there was no need to keep a register since doing so would be too laborious. Following legal advice, there was disagreement with the Inspector’s decision in the case of Caerwys not to include a condition requesting that a register be kept. There are several cases (see below) where Planning Inspectors have used the condition of keeping registers in their decisions. It is considered that such a condition is reasonable and meets the six criteria referred to above with regard to the use of planning conditions. It is also believed that keeping a register would be a means of collecting information on the condition which restricts the use to holiday use only. As such, it is considered that such a condition is acceptable and would not cause excessive interference, and that it is therefore appropriate to impose such a condition on this application.

5.24 Coppice Leisure Park, Ockeridge, Wichenford, Worcester (March 2012) (APP/J1860/A/11/2165323) – Inspector of the opinion that a condition stipulating holiday accommodation only and no other residential use was sufficient, and that a condition noting dates or a specific period was not required. Also suggested a condition for keeping a register.

5.25 The Croft, Upper Denbigh Rd, St Asaph (December 2010) (APP/R6830/A/10/2125079) Approval of an appeal to install 21 ‘lodges’ together with associated works subject to relevant conditions including a condition on holiday use only and not using the units as a person’s main place of residence. Also requested that an up-to-date register be kept.

5.26 Llwyn Afon Caravan Park, Llanrhaeadr, Denbigh (June 2010) (APP/R6830/A/10/2125469) Approval of an appeal for eight static units to replace 12 touring units without a 10.5 month condition, subject to conditions including holiday use only, not using the units as a person’s main place of residence and keeping an up-to-date register.

5.27 The Nurseries Garden Centre, Stockton Rd, South Kilvington (July 2008) (APP/G2713/4/08/2064528) Approve an appeal for 18 caravans/log cabins subject to conditions including holiday use only, not using the units as a person’s main place of residence and keeping an up-to-date register.

5.28 Following the appeal decision for Caerwys other Planning Authorities in North Wales were contacted, to see how they intended to seek to control caravan sites. The intention of the Authorities who gave a clear opinion on the matter was to consider continuing using the condition on keeping a register, with the condition on holiday use only.

5.29 In relation to Gwynedd Council, there was a recent appeal decision on application C12/1323/41/LL at Ocean Heights, Chwilog which related to changing condition 5 of the previous application C11/0986/41/LL which read ‘none of the 94 holiday caravans on the site shall be occupied between 10 January and 1 March in the same year’. The Planning Committee refused the application as it did not comply with Policy D18 of the UDP, and as the proposal was contrary to Technical Advice Note 20: ‘The Welsh Language – Unitary Development Plans and Planning Control’ as it was considered that approving the application would have a negative impact on the interests of the Welsh language and on the local community. The Inspector approved the appeal with the following condition:

‘The caravans will be used for holiday purposes only and they will not be occupied as the sole or main residence of an individual. The owners/operators of the caravan park will keep an up-to-date register, record and licence agreements of all the names of owners/occupiers of the caravans on the site and the addresses of their main residences and they will ensure that the information is available at all reasonable times to the Local Planning Authority.’

5.30 The Inspector concluded that the development would not have a significant adverse impact on the Welsh language and that the proposal was not contrary to the revised Technical Advice Note 20 or to policy A2 of the UDP which considers the impacts of the development on linguistic, community and cultural matters. The Inspector also noted that it would be possible to impose the abovementioned condition in order to ensure that the proposal satisfies the aims of Policy D18 of the UDP which relates to extending the holiday period, and that this condition was sufficient to ensure occupancy for holiday purposes only and to prevent permanent occupancy of the units.

6. Conclusions:

6.1 It is considered that this application, with relevant conditions, is acceptable on policy grounds and on the grounds of any potential impact on the amenities of nearby residents and the wider area. All material considerations have been addressed when determining this application; however, this has not changed the recommendation.

7. Recommendation:

7.1 To approve – conditions

The caravans will be used for holiday purposes only and they will not be occupied as the sole or main residence of an individual. The owners/operators of the caravan park will keep an up-to-date register, record and licence agreements of all the names of owners/occupiers of the caravans on the site and the addresses of their main residences and they will ensure that the information is available at all reasonable times to the Local Planning Authority.

Application No: C13/0786/32/MW Date Registered: 20/08/2013 Application Type: Minerals Community: Botwnnog Ward: Botwnnog

Proposal: REACTIVATION OF GRANITE QUARRY TOGETHER WITH A CHANGE OF USE OF THE FORMER NANHORON BLOCK YARD TO A MINERAL PROCESSING FACILITY AND WASTE TRANSFER STATION FOR THE IMPORTATION, PROCESSING AND STORAGE OF CONSTRUCTION AND DEMOLITION WASTE/RECYCLED AGGREGATE. Location: NANHORON GRANITE QUARRY, NANHORON, PWLLHELI, LL538PR

Summary of the TO GRANT PLANNING PERMISSION Recommendation:

1. Description:

1.1 Nanhoron Quarry is located in a rural area to the north east of Botwnnog on the Llyn Peninsula, 7 miles west of Pwllheli. It is situated just off the B4415 road which runs between Efailnewydd and Mynytho is wholly contained within the Llyn Area of Outstanding Natural Beauty (AONB).

1.2 The quarry was almost entirely dedicated to the production of aggregates and the supply of material for the former brick and block plant which ceased production in the mid 1990s. This proposal comprises of two mutually compatible parts consisting of the re-activation of mineral working and the development of a facility for the recycling and processing of construction and demolition waste.

1.3 The proposed extraction footprint is 3.7ha with the development area including access tracks, combined aggregate and waste processing area and stocking ground within the former brick & block site comprising a total of 4.7ha. The proposal seeks to extract 18,000 tonnes of primary rock & aggregates per annum and operate a (C&D) waste recycling facility at a throughput of 10,000 tonnes per annum to supply dimension stone, aggregates, blended waste aggregates & recycled demolition arisings for a local market but also material for sea defence schemes which require the supply of rock armour material.

1.4 Access is served via a track that passes a dwellinghouse, Ty Rallt, before reaching the upper part of the quarry complex where the quarry’s weighbridge and administrative accommodation is located. It is the intention however to remove the current fixed plant and relocate all processing equipment, site office and weighbridge to the site of the former brick and block plant in conjunction with the waste recycling operations. The processing of the recycled material would create a product that could then be sold to the local construction industry and could also be blended with primary material to produce a material for lower grade uses. This would be beneficial to the local construction industry in terms of reducing costs and for the environment in that it would place less pressure on demand for primary aggregates and landfill capacity that would otherwise be the destination for C&D wastes.

1.5 The application proposes a phased scheme of extraction with the first phase proceeding in a southerly direction to extend the back face of the quarry, and the second phase along the western ridge of the current workings to enable the formation of a bench in order to address both the aesthetic and safety concerns of a quarry face having a sheer drop of considerable height. It is considered that halving the overall height of the current face would address safety concerns in addition to providing an area for landscaping works in the scheme of restoration. The extent of mineral working is to be lowered thereafter down to the level of the brick and block site to allow the exploitation of reserves from an easterly direction and introduce a far more practical method of working. 1.6 Amended plans and details have been submitted to confirm the appropriate certification with this application including a notice served on the agricultural tenant but also, a reduction in the southern extraction area in order to maintain a 200m buffer from the nearest sensitive property and to mitigate the impacts of the proposal on the landscape of the AONB.

1.7 The proposed development does not fall within the description and criteria set out in Schedule 1 of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999. The development does fall within the description of development set out in paragraph 2 to Schedule 2 of the Regulations (quarries, open cast mining and peat extraction). Having screened and assessed the proposal in accordance with the development criteria under Schedule 3, it is considered that the likely impact of the development on the environment is insufficient to justify the submission of an environmental impact assessment with the planning application.

2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009:

STRATEGIC POLICY 2 -The Natural Environment STRATEGIC POLICY 3 - Built and Historic Environment STRATEGIC POLICY 6 – Land Redevelopment and Reuse STRATEGIC POLICY 7 – Minerals STRATEGIC POLICY 8 - Waste STRATEGIC POLICY 16 – Employment

POLICY A1 - Environmental or Other Impact Assessments. Ensure that sufficient information is provided with the planning application regarding any environmental impacts or other likely and substantial impact, in the form of an environmental assessment or assessments of other impacts.

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

POLICY 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 B12 - Protecting Historic Landscapes, Parks and Gardens. Protection of landscapes, parks and gardens of special historic interest in Wales from developments which will cause significant harm to their character, appearance or setting.

POLICY B17 - Protecting Sites of Regional or Local Significance. Refuse proposals that are likely to cause significant harm to sites of regional or local significance unless they comply with a set of criteria which aim to protect, promote and manage recognized features of these sites.

POLICY B20 - Species and Their Habitats That Are Internationally and Nationally Important. Refuse proposals which are likely to cause disturbance or unacceptable damage to protected species and their habitats unless they conform to a series of criteria aimed at safeguarding the recognised features of the site. POLICY B23 - Amenities. Protection of the amenities of local communities through securing that, proposals comply with a series of criteria which aim to protect recognized features and the amenities of the locality.

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

POLICY B32 - Surface Water. Proposals that do not include flood minimisation or mitigation measures that will reduce the volume and rate at which run off reaches rivers and other watercourses will be refused.

POLICY B33 – Development That Creates Pollution or Nuisance. Protection of public health, safety or amenities, or to the quality of the built or natural environment as a result of higher levels of pollution.

POLICY B35 - Avoiding the Spread of Invasive Species. Ensure that measures to deal with invasive species are implemented, where a development involves disturbing soil which they have polluted.

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 C8 - Mineral Development in the Llŷn Area of Outstanding Natural Beauty (AONB). Only in exceptional circumstances will proposals for new mineral excavation sites or extensions to existing sites be permitted within AONBs, subject to a series of criteria including the need for the development and the effect they might have on the community and the environment.

POLICY C10 - Contribution to the Supply of Aggregates. To have regard to current national policy for maintaining a landbank of aggregates minerals and the relevant guidance in Minerals Technical Advice Note MTAN (Wales) 1: Aggregates.

POLICY C12 - Buffer Zones. Planning applications for mineral extraction within the buffer zones identified on the proposals maps will be refused unless a new buffer zone can be provided to reflect the minimum distances referred to in MTAN1: Aggregates.

POLICY C14 - Restoration and Aftercare. Applications for mineral working will be refused unless a scheme for restoration, aftercare and afteruse, including details of proposed funding is included.

POLICY C20 - Local Building Stone. In exceptional circumstances proposals to reopen small mineral operations will be approved on condition that they conform to other policies in the plan and will benefit building conservation.

POLICY C22 - Waste Management Facilities. Proposals for waste management facilities may be approved subject to their being acceptable in terms of the ‘Best Environmental and Practical Option’, the waste disposal hierarchy, the proximity principle and provided a need for the development within the local community has been proved.

POLICY C28 - Safeguarding Agricultural Land. Proposals which would lead to the loss of grades 1, 2 or 3a agricultural land will be refused unless it can be shown that there is overwhelming need for the development, and proved that there is no previously developed land available and that there is no land of lower agricultural grades available apart from land of environmental value which outweighs agricultural considerations.

POLICY CH22 - Paths and Rights of Way. All parts of the cycling network, footpaths and rights of way will be protected by encouraging proposals to incorporate the above satisfactorily within the development and by refusing proposals which will prohibit plans to extend the cycling network, footpaths or rights of way. If this is not possible, appropriate provision will have to be made to divert the route or to provide a new and acceptable route. POLICY CH33 - Safety on Roads and Streets. Development proposals will be approved if they can conform to specific criteria regarding the vehicular entrance, standard of the existing road network and traffic calming measures.

POLICY D4 – Bad Neighbour Sites. Approve developments of ‘Bad Neighbour’ industries provided the development is located on an allocated ‘bad neighbour’ site and subject to the scale and design being acceptable.

2.3 National Policies:

 Policies, guidance and general principles set out in the Welsh Government Minerals Planning Policy (Dec 2000),  Policies, guidance and general principles set out in the Welsh Government Planning Policy Wales, Version 6, February 2014,  Policies, guidance and general principles set out in the Welsh Assembly Government Technical Advice Note (Wales) 5: Nature Conservation and Planning (2009),  Policies, guidance and general principles set out in the Welsh Assembly Government Technical Advice Note (Wales) 6: Planning for Sustainable Rural Communities (2010),  Policies, guidance and general principles set out in the Welsh Assembly Government Technical Advice Note (Wales) 11: Noise  Policies, guidance and general principles set out in the Welsh Assembly Government Technical Technical Advice Note (Wales) 18: Transport  Policies, guidance and general principles set out in the Welsh Assembly  Government Minerals Technical Advice Note (Wales) 1: AGGREGATES (March 2004),  Policies, guidance and general principles set out in the Welsh Assembly Government Technical Advice Note (Wales) 21: Waste (February 2014)  Technical Advice Note 23 : Economic Development (2014)  North Wales Regional Waste Plan 2003 (First Review 2009),  Collections Infrastructure Markets Sector Plan (CIMS) 2012

3. Relevant Planning History:

3.1 IDO planning permission ref. M/14 dated, 1st October 1947, was registered with the authority under the Planning and Compensation Act 1991 on 16th March 1992 under reference 2/12/GC107C. A scheme of working and schedule of 16 conditions was submitted on the 11th March 1994, which thereafter was approved by default on 11th June 1994.

3.2 Notice of 15-yr periodic review of permission ref: 2/12/GC107C served on 1st February 2008. No application for the postponement of the review date had been received and no such application for a periodic review of planning permission 2/12/GC107C had been submitted by the date specified in the notice. Consequently, IDO planning permission ref. M/14 dated, 1st October 1947, which was registered with the authority under the Planning and Compensation Act 1991 on 16th March 1992 under reference 2/12/GC107C, expired on the 11th June 2009.

3.3 Site operations currently restricted to the removal of stockpiles of granite which is permitted under Part 23, Class A to Schedule 2 of the General Permitted Development Order 1995.

4. Consultations:

Botwnog Community Council: Support the application. Gwynedd Highways & No objection. Transportation Unit:  The quarry is served by a ‘B’ Road network and in terms of transport; the output is acceptable and unlikely to have an adverse impact on the local road network.

Welsh Water: No Response

AONB Unit: Quarry located in a quiet rural valley in the centre of the AONB where there is an abundance of historic structures and mature woodland.

Currently, the operations are well hidden by the topography and cover of mature woodland surrounding the site and the unit has no objection to the proposal on the principle of securing a local supply of building stone as well as establishing a recycling facility that will provide employment and reduce the dependency on transport to other areas.

No objection to the deepening of workings and the provision of a link between the upper workings and the former brick and block area. There is concern however as to the impacts of noise on the amenities of the area and a proposal to extend the quarry southwards having a detrimental impact on the landscape of the AONB.

Policy B8 of the UDP of significant relevance to the application where it specifically refers to the protection of the AONB.

Environmental Health: Amended details submitted in support of the application provide a simplistic assessment of noise derived from existing quarrying operations. It does not provide an assessment of the proposed recycling operations or any additional machinery required within the former brick and block site

Report has failed to provide an adequate background noise level due to the short measuring periods being influenced by extraneous noise sources (cars etc)

Anticipated that the background noise level is lower than the recorded measurement of between 38.2dB and 57.3dB.

Other noise conditions to include casement and silencers fitted to plant machinery and the use of white noise alarms,

Concerns about the migration of fugitive dust where the control of air quality also falls within the Environmental Permitting Regs. 2010. Separate permits required for the quarrying & recycling operations.

Use of the brick and block plant access preferred given the location of Ty Rallt along the upper access track

Wheelwash required to minimise dust and detritus deposited on the local highway

Dust suppression measures required in the processing of mineral and C & D waste.

Gwynedd Council Public No Response Rights of Way: Gwynedd Archaeological No Response Planning Service:

Scottish Power: No Response

Inspectorate of Quarries: No Response.

Natural Resources Wales: Request that any approval includes surface water drainage and pollution prevention conditions;

 Condition to secure the provision of impervious bases and bunding of fuel tanks,  Condition requiring the submission of a surface water regulation system to be submitted for the approval of the MPA prior to implementation of development to include any impermeable surfaces,  Understand that the quarry is worked dry and that rain water collects in the quarry sump, which is thereafter pumped out and discharged into a local watercourse. Consent required from NWR to include details of appropriate treatment prior to discharge,  Hydrogeological Impact Appraisal required if water table is encountered to support any dewatering activities,  Proposed development contained within the Llyn AONB, where the Council have a duty under Section 85 of the Countryside and Rights of Way Act 2000 to have regard to the conservation and enhancement of the AONB,  Satisfied that the Ecological Report has been carried out to an acceptable standard which concludes no protected species are likely to be adversely impacted by the proposals and further advise that the mitigation measures outlined in the report are adhered to,  Recommend that further advice is sought from the authority’s internal ecology adviser with respect to local biodiversity and other species and habitats listed in section 42 of the Natural Environment and Rural Communities Act 2006.

Gwynedd Council Biodiversity  No significant impacts on local biodiversity, Unit:  Applicant to submit information on how to deal with an infestation of Japanese Knotweed on the site,  Applicant to submit a landscaping plan & species list for approval prior to undertaking any restoration works.  Programme of operations to comply with the findings of the ecological report to include the monitoring of a small ‘storage’ building on the brick and block plant for the presence of Lesser Horseshoe bats.

Public Consultation: A notice was placed at two locations close to the site and neighbouring residents were informed be letter as well as a notice appearing in the local press on the 29th August 2013. A total of 3 written objections have been received at the time of writing this report, with a further enquiry received through the local member and Galw Gwynedd which highlight the following concerns;  Loss of agricultural land,  Dust & traffic impacts on a property located on the haulage route,  Traffic impacts on the local highway network and potential impacts on the safety of other road users. Assessment of the material planning considerations:

5. The principle of the development

5.1 Minerals Planning Policy Wales (MPPW) (2000) sets out the Assembly Government planning policy in relation to mineral extraction. Each MPA should ensure that their development plans make allowances to contribute to the supply of minerals that meet local, regional and national needs. To this extent, development plan policies should contribute towards the maintenance of a landbank of permitted reserves.

5.2 In June 2008, the Gwynedd Council Board resolved to endorse the Regional Technical Statement produced by the North Wales Regional Aggregates Working Party. The North Wales Regional Technical Statement has been the subject of review and consultation in December 2013. The statement has been prepared in accordance with the provisions of the Minerals Planning Policy (Wales) and Technical Advice Note (Wales) 1: Aggregates (MTAN1), to set out an overarching objective to ensure a sustainable managed supply of aggregates. The main purpose of the statement is to set out the strategy for the provision of the aggregates in the North Wales region.

5.3 As a Mineral Planning Authority, the Council has a duty to ensure that mineral resources are exploited in a sustainable way so that they can make an appropriate contribution to the area’s construction materials requirements, striking a balance between demand and prudent use of resources whilst at the same time protecting amenity and the environment. Gwynedd has a long history of mineral extraction and it remains an important facet of its economic and social make up. There are extensive deposits of a variety of materials suitable for aggregates in North Wales, particularly igneous rock, sand & gravel and limestone.

5.4 The total apportionments for Gwynedd, as calculated by the First Review of the RTS are 4.4 million tonnes for land-won sand & gravel and 6.75 million tonnes for crushed rock. These compare with existing landbanks of 0.7 million tonnes for sand & gravel and 8.51 million tonnes for crushed rock (22 years as at 31st December 2010). There is therefore a small surplus of existing crushed rock reserves above the minimum, 10-yr requirement stated in MTAN 1 and no crushed rock allocations are specifically required. However, the reserve figures are based on sites with a planning permission and which are submitted to the RAWP secretary as part of the annual report and includes slate reserves which are difficult to assess with any precision. Such reserves are significant and are available to be worked as a by-product of roofing slate production at sites in Blaenau Ffestiniog and Bethesda.

5.5 The RTS review goes on to say however, that some authorities with seemingly adequate landbanks overall may actually be facing shortfalls in terms of specific aggregate types that are generally not interchangeable with those required for high specification end uses such as skid- resistant road surfacing materials, which are derived from particular types of hard sandstone or dolerite. Similarly, aggregate derived from slate, or slate waste, may not be able to substitute for other rock types in all end uses. Granite products from Nanhoron Quarry have serviced the local community for a long time, providing aggregates, walling stone and dimensional stone in accordance with Policy C20 of the UDP, maintaining the character of nearby communities and AONB with distinctive products in keeping with traditional materials used in the construction of local buildings and features, as well as supporting the local economy

5.6 The Aggregates Technical Advice Note 2004 further states that to “justify ……….the extraction of aggregates for a particular specification in National Parks and AONBs, it must be demonstrated that:- alternative sources, that would be environmentally acceptable for extraction, are not available; the scope for meeting the need some other way has been assessed and rejected; and that the detrimental effects of the proposal can be mitigated or compensated for”.

5.7 MPPW states that mineral development in AONBs should only take place in exceptional circumstances and the same approach has been adopted in Minerals Policy C8 of the Gwynedd UDP. In order for such proposals to be considered, it states that there must be an assessment of several elements such as the local economic impact, alternative supplies and the extent to which the proposal would achieve an enhancement to the local landscape and provide for nature conservation and biodiversity. Certain criteria are laid down as having to be met for allowing mineral development is such areas. In this particular case, the proposal is for relatively small- scale extraction from an existing quarry where there are no other readily available sources and the importation of material to the locality would entail additional traffic movements. MPPW also encourages the use of recycled materials to reduce pressure on primary resources and this application seeks to develop a C&D waste processing facility that can work in tandem with the mineral extraction and processing operations. This would be beneficial to the local construction industry in terms of reducing costs and for the environment in that it would place less pressure on demand for primary aggregates and landfill capacity that would otherwise be the destination for C&D wastes.

5.8 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 re-using and recycling waste. More recently, the Welsh Government has consulted upon a revision to its waste planning policy, including Chapter 12 of Planning Policy Wales Edition 5, and Technical Advice Note 21:Waste. The changes are considerable and reflect significant changes to national policy following the publication of the national waste strategy ‘Towards Zero Waste’ and the ‘Collections, Infrastructure and Markets Sector Plan’.

5.9 The Collections, Infrastructure and Markets Sector (CIMS) Plan, updates the position on need in relation to waste management infrastructure, replacing the North Wales Regional Waste Plan 1st Review in this respect. Although it states that the management of construction and demolition waste is generally sustainable and its ecological footprint is low, it does comment on the planning requirements in terms of land use for all the controlled waste streams in Wales. As with the Regional Waste Plan, it recognises that industrial land will have to be released for facilities that will contribute to handling and recycling waste if the targets to reduce the amount of waste sent to landfill are to be reached.

5.10 In respect of the waste operations, it is considered that policy C22 is applicable here, where proposals for waste management facilities may be approved subject to their being acceptable in terms of the ‘Best Environmental and Practical Option’, the waste disposal hierarchy, the proximity principle and provided that a need for the development within the local community has been proved. In this regard, the former brick and block site has been categorised ‘Bad Neighbour’ in the UDP under policy D4 where development has the potential to adversely affect the amenity of local residents but also provide important services to the local community in addition to being a source of local employment. Such uses are therefore best suited to sites where they have the least potential to affect local amenity. Development on sites categorised as ‘Bad Neighbour’ will only be permitted on condition that the scale and design are in keeping with the local environment and the nature of the site.

5.11 The new TAN 21 also states that; “where there are longer term prospects for a sufficient and economic supply of demolition and construction waste from an appropriate catchment area, it may be appropriate to identify a permanent recycling repository or ‘urban quarry’ for this purpose”, and; … “local planning authorities should include criteria based policies, or preferably identify suitable sites, to guide the location of repositories or ‘urban quarries’ for construction and demolition waste to avoid unnecessarily landfilling of inert waste”.

5.12 In respect of the need for the material quarried, the lack of alternative sites, the history of the site and need for the quarrying operations and waste transfer facility in terms of their functions in supporting the needs of the local area, the development is considered acceptable in principle. i It is therefore believed that the proposed development complies with national and regional planning guidance and policies as well as with Policies A1, A3, B8, C3, C8, C10, C12, C14, C20, D4 and C22 of the UDP, subject to an assessment of the relevant planning considerations below. 6. Visual Amenities

6.1 The application site is not readily visible from any public vista given its screening by the topography and the woodlands that surround large parts of it. However, views of the upper part of the quarry are available on the immediate approach to the site on the B4415 from the south and from a point to the west of Mynytho on the B4413. In addition, the lower plateau of the former brick and block plant is screened for the most part by a mature belt of trees and shrub.

6.2 In response to consultation, Gwynedd Council AONB unit stated its concern that the proposal in its original format had the potential to cause a detrimental impact to the landscape of the Llyn AONB, in that the southern extension would break through the upper ridge of the topography and open up views of the quarry to properties and viewpoints to the south.

6.3 Minerals Planning Policy Wales aims to promote the principles of sustainable development and further protect areas of importance to the natural and built heritage from inappropriate mineral development with paragraph ‘21’ specific to National Parks and Areas of Outstanding Natural Beauty. Amongst other requirements the Policy states that; “ …..consideration will include an assessment of …… the detrimental effect of the proposals on the environment and landscape and the extent to which that can be moderated and …..in the case of extensions to existing quarries and other mineral extraction sites, the extent to which the proposal would achieve an enhancement to the local landscape and provide for nature conservation and biodiversity”.

6.4 In accordance with the principle of rationalising the configuration of the western face with the formation of a bench, It was advised that the same be applied to the southern workings, but that the extent thereof takes advantage of the existing topography and woodland screen to maintain a 200m buffer from the property of Ty Rallt. This would mitigate the visual impact of the proposal on the landscape of the AONB and maintain the ‘keyhole’ effect of the workings, without compromising the integrity of the restoration proposals to provide benches or ledges for natural regeneration and tree planting which will serve to further screen the upper reaches of the quarry. In response, an amended plan showing a reduction in the area of extraction along the southern face was submitted with the application proposals.

6.5 There will be a need to implement a programme of restoration blasting in order to achieve the desired effect with the final bench heights are expected to be in the region of 10-15 metres but also, the construction of a clawdd wall along the top of the quarry bowl in order to prevent the encroachment of livestock but also to improve the visual appearance of the top ridge of the quarry as seen from viewpoints to the west. It is considered that a condition to request the submission of a scheme of restoration blasting and/or plan to confirm final face positions would be appropriate together with detailed drawings of the clawdd wall which should then be implemented within an agreed timescale.

6.6 Also, a condition to limit the height of stockpiles to 5m for recycling operations, together with a requirement to maintain a buffer with the mature trees and scrub on the eastern flank of the former brick and block site in the interests of maintaining a natural screen.

6.7 The Unitary Development Plan states under Policy C14, ‘Restoration And Aftercare’, “….the Council must be satisfied before an application is determined that no matter how long the development, the site can be properly restored and brought back into beneficial afteruse within a recognisable timescale”. The criteria requirements of Policy C8 also state that proposals include a scheme for the afteruse of the site and details of the restoration and aftercare required to achieve it.

6.8 The restoration proposals submitted with the application are influenced by the site’s locality and in particular the woodland surrounding the site and seek to enhance this feature, through additional planting of similar species, and the encouragement of natural regeneration of native species using available soils and fines to promote local biodiversity. The intended afteruse is therefore nature conservation where the quarry would be allowed to re-colonise naturally and provide habitat for a range of local wildlife species. 6.9 A reduction in the working area as indicated on the amended plans will not only maintain the landscape quality of the AONB in the interests of amenity and tourism but also, mitigate for the loss of agricultural land.

6.10 The development would not cause any significant harm to the landscape of the AONB and it is considered therefore that the proposed development complies with the requirements of Policy B8, B12, C8 & C14 of the Unitary Development Plan as well as national planning policy guidance.

7. General and residential amenities

7.1 The authority has consulted with both the Environment Agency and Gwynedd Council Public Protection Department on the application and whilst there are issues that require additional permits and consents under their specific remit, the proposal by its nature is similar to the type of activity that has been implemented on the site for many years. The authority continues to monitor specific observations or issues in respect of potential nuisance or the impact of quarry operations on residential amenities.

7.2 Both Minerals Planning Policy Wales and MTAN1: Aggregates have established the principle of buffer zones around mineral extraction sites, where the objective is to protect land uses that are most sensitive to the impact of mineral operations by establishing a separation distance between potentially conflicting land uses. Sensitive development is defined in MTAN1 as; “any building occupied by people on a regular basis and includes housing areas, hostels, meeting places, schools and hospitals where an acceptable standard of amenity is expected”.

7.3 A buffer zone is defined from the outer edge of the area where extraction and processing operations will take place, including site haul roads and that a notional buffer zone will be applied to all new applications for mineral working. Policy C12 of the Unitary Development Plan adopts the principle of minimum separation distances as proposed in MTAN1. It categorically states that hard rock quarries will be subject to a 200m buffer zone. As already stated, an amended plan showing a reduction in the area of extraction along the southern face was submitted with the application proposals which will maintain a 200m buffer between the working face and the nearest sensitive property of Ty Rallt.

7.4 A number of additional scattered dwellings and farmsteads are located at distances of between 240m and 500m to the quarry. Potential sources of noise and dust are generally derived from activities involving the operation of plant and machinery, movement of material around the site, loading/unloading of materials, movement of vehicles on haul roads and blast vibration, although the latter element will only be an occasional occurrence. Blasting operations would take place between 1000 and 1600 hrs. and vibration levels would not exceed the thresholds outlined in MTAN1, where a peak particle velocity (PPV) of 6mms-1 would apply to 95% of all blasts with no individual blast exceeding a PPV of 10mms-1 when measured at the nearest sensitive location. As such, the imposition of a condition to limit blast levels to those advised by MTAN1 should ensure MPA control over this element of the proposal but also, given the proximity of the nearest sensitive property and that blasting operations are perceived to be infrequent, notice shall be given to the mineral planning authority prior to any blast event.

7.5 In response to consultation, the Public Protection Service stated their concerns that the original scheme proposed a noise level 55dB LAeq, 1h, which is the maximum level prescribed in MTAN1. However, given the rural setting of the quarry, the background noise level is anticipated to be much lower and therefore the absolute limit of noise from the quarrying and recycling operations should not exceed 10dB above this level. Consequently, a background noise survey was requested in order to establish a correct baseline for potential noise impacts.

7.6 Amended details submitted in support of the application provided a simplistic assessment of noise derived from existing quarrying operations, but not an assessment of the proposed recycling operations or any additional machinery required within the former brick and block site. In response, the Public Protection service confirmed that, due to a number of technical discrepancies in the report, it was not possible to establish a background noise level, but it is likely to be much lower than the recorded measurement of between 38.2dB and 57.3dB. Other conditions recommended by the Public Protection service include casement and silencers fitted to plant machinery and the use of white noise alarms and measures to control the migration of fugitive dust, including the installation of a wheelwash. Also, the use of the brick and block access point is preferred given the location of Ty Rallt along the upper access track.

7.7 At the time of writing this report, the applicant was advised to submit a revised assessment in order to establish a baseline for background noise, which in turn will determine the permitted noise level generated by the development. Alternatively, the applicant has been invited to conform to a noise level that reflects the quiet rural characteristics of the Nanhoron valley, where a 10dB above existing background noise is likely to be between 40dB and 42dB.

7.8 There have been relatively few instances of complaint reported to the authority concerning the impact of noise, dust and blasting operations at Nanhoron and it is considered that the site can operate without adversely impacting upon the amenities of the area, provided that a scheme of planning conditions be agreed which reflect modern regulatory controls. Given the scale of the operation it is considered that, subject to appropriate controls via planning conditions, the proposal is unlikely to have a detrimental impact on the amenities of the area and is contrary to policy A3 & B23 of the UDP (amenities) and policy C12 (buffer zones).

8. Traffic and access matters

8.1 Objections received in response to publicity on the application do highlight the wider impacts of haulage attributed to this application where increased heavy traffic on the local highway network has the potential to impact on the safety of other road users.

8.2 Historically, materials have been transported from Nanhoron quarry in a variety of vehicles including pick-up vans, tractors and trailers as well as lorries capable of carrying up to 20 tonne payloads. The quarry is served by Class 2 ‘B’ roads, connecting with the villages of Mynytho, Aberdaron and Efailnewydd which demonstrates that the facility provides for a predominantly local market within a rural community.

8.3 The application proposes an output of 18,000tpa of mineral together with a throughput of 10,000tpa of construction and demolition waste which equates to an average of 5 x 20 tonne loads per day, or 10 movements split between the current access at the top of the quarry and the former brick and block site. However, given the scenario highlighted above, where vehicles hauling material to and from the site would be of differing sizes, it is anticipated that haulage to and from the site would equate to 15-20 movements per day.

8.4 Also the site currently benefits from two access points and it is the intention is to use only the lower access point for both the minerals & waste operations at such time the portal from the quarry to the Block Yard has been formed. Thereafter, the upper access will only be retained for occasional use and emergency access to the upper quarry level.

8.5 In response to consultation, the transportation unit confirmed that haulage traffic derived from the operation at an average output of 10 movements per day is acceptable and unlikely to have an adverse impact on the local road network.

8.6 It is considered that the proposal is acceptable in principle in that the development is compliant with Policies CH33 of the Unitary Development Plan as well as national planning guidance.

9. Biodiversity Matters

9.1 There are no statutory designated nature conservation sites, SSSIs & SACs within or immediately surrounding the application site and the ecological assessments submitted with the application focus therefore on the environmental effects of the development on local biodiversity. Most of the tree canopy within and around the site has been identified under policy B17 of the Gwynedd Unitary Development Plan as a candidate wildlife site and non-statutory designation (broadleaf woodland, marshy grassland & neutral grassland).

9.2 In response to consultation, Natural Resources Wales (NRW) confirmed that whilst there are issues that require additional permits and consents under their specific remit, it is satisfied that Ecological Report has been carried out to an acceptable standard which concludes no protected species are likely to be adversely impacted by the proposals and further advise that the mitigation measures outlined in the report should be adhered to. NRW recommend however that further advice is sought from the authority’s internal ecology adviser with respect to local biodiversity and other species and habitats listed in section 42 of the Natural Environment and Rural Communities Act 2006.

9.3 As stated in the ecological report, there are no botanical concerns arising from the proposed development in that all vegetation to be removed is of little ecological interest and further that the proposal would not impact on protected species. There were some signs of a single bat in a building on the lower site, but it was considered to be an occasional and temporary use of the building due to the door being left open when normally it would have been locked.

9.4 In terms of birds, only jackdaw nests could be found on the site despite the presence of several other species and quarrying activity is therefore unlikely to have an effect on breeding birds. A further survey is recommended before works commence on the southern face to ensure that no birds are nesting in the area.

9.5 In response to consultation, the authority’s biodiversity officer concluded that there were no significant impacts on local biodiversity, but recommends the following to be the subject of a planning condition;

o Applicant to submit information on how to deal with an infestation of Japanese Knotweed on the site, o Applicant to submit a landscaping plan & species list for approval prior to undertaking any restoration works. o Programme of operations to comply with the findings of the ecological report to include the monitoring of a small ‘storage’ building on the brick and block plant for the presence of Lesser Horseshoe bats.

9.6 It is considered therefore that sufficient information has been submitted with the application to determine that the impact of the development on biological diversity is negligible and the proposal therefore complies with Policy, A1, B17, B20, C8, C14 & B35 of the Unitary Development Plan as well as national planning policy guidance in Technical Advice Note 5: Nature Conservation and Planning.

10. Drainage

10.1 Nanhoron has been operating for a considerable period of time, although currently only working from accrued stockpiles which occupy the flooded workings in the upper levels of the quarry. The former brick and block site is located at a lower level to the current extraction and processing areas at approximately 6m above the Afon Horon and C2 Flood Zone as defined by the development advice map referred to under TAN 15 Development and Flood Risk (July 2004).

10.2 It is understood that the quarrying operations have never encountered groundwater, although it is commonplace for rainwater to collect within the quarry sump where historically, the body of water has been pumped out into a local watercourse. In response to consultation, Natural Resources Wales state that they are aware of the site’s drainage infrastructure, confirming that such an arrangement requires a specific discharge consent to include details of appropriate treatment (e.g. via settlement lagoons). Their response goes on to say that a condition should be imposed requiring the submission of a surface water regulation system to be submitted for the approval of the MPA prior to implementation of development to include any impermeable surfaces. 10.3 As stated previously, the quarry has been operational for many years and the current proposal does not include the introduction of any additional built development or hard surfaces which would increase the volume of surface water run-off from the site. However, with the introduction of a waste management facility into the former brick and block site it is considered that the submission of a surface water management system be approved by the mineral planning authority prior to any processing or screening of C & D waste, or the use of a wheelwash.

10.4 Subject to appropriate conditions to control surface waters and the risk of pollution, it is considered that the proposal complies with the requirements of Policy A1, A3, B29, B32 & B32 of the Unitary Development Plan.

11. Archaeological Matters

11.1 The authority has not received a response from the Archaeological Planning Service, although the site is contained within the ICOMOS register of Historic Landscape. Quarrying has been part of the way of life in Gwynedd for centuries and the legacy of its activities has become as much a part of the culture and landscape of the area as the Welsh language and scenery.

11.2 Any planning permission granted subject to conditions could make provision for archaeological recording and possibly mitigation for the existing industrial remains contained within the former brick and block plant.

11.3 It is recommended that the applicant agrees to archaeological mitigation and recording of the existing industrial remains within the former brick and block site given potential for disturbance from the encroachment of the mineral & waste operations. The extent of such mitigation would be the subject of a planning condition to include the whole tip in order to comply with the requirements of Policy B8 & B12 of the Unitary Development Plan.

12. Public safety and Public Rights of Way

12.1 Public right of way No. 61. appears on the public footpaths register and crosses the quarry void on a north-south alignment on its western extent. The mineral working is well established and has remained unchanged for many decades and the footpath therefore has been impassable for most of time that the quarry has been in existence.

12.2 There are health and safety concerns with a public right of way encroaching the boundaries of an operational quarry and on the rare occasions that public use is made of the footpath, the operator and quarry staff have had to indicate the location of the path to members of the public. There is an option to divert the footpath under the Town and Country Planning Act where appropriate provision could be made for signage to ensure that the public are directed well clear of the mineral working.

12.3 Subject to the drafting of a diversion order at the applicant/operator’s cost under S.257 of the Town and Country Planning Act, the proposal therefore complies with the requirements of Policy CH22 of the Unitary Development Plan.

13. The Economy

13.1 TAN 6: ‘Planning for Sustainable Rural Communities’, states that appropriate development takes place in the right place at the right time by making sufficient land available to provide employment opportunities for local people, and whether a proposed development enhances or decreases the sustainability of a community. The issue of mineral operations however is dealt with separately under Minerals Planning Policy Wales, MTAN1: Aggregates and the adopted policies of the current Unitary Development Plan which sets out the land use planning framework for both rural and urban communities taking into account the social, economic and environmental characteristics of the area. 13.2 In response to publicity on the application, the authority received an objection from the agricultural tenant on the grounds of reduced income as a consequence of the loss of land, further stating safety concerns about the top edge of the quarry constituting a danger to people and livestock. The terms of the tenant’s lease with the landowner is a separate legal matter but in respect of safety issues at this site, the authority has recognised instability issues as far back as 2001, confirming the applicability of permitted development rights under Part 19, Class C to the GPDO 1995 (safety of the surface of land at or adjacent to a mine or disused mine) to stabilise the top edge of the quarry. It was agreed at the time that such works include for the removal of topsoil, subsoil and overburden, upper rock-face scraping and stabilisation and the construction of a stone wall, even though some of these works fell outside the area of the lapsed mineral working permission. Irrespective of the outcome of this planning application, it is inevitable that some agricultural land will be lost as a consequence of the implementation of works that are necessary to secure the safety of the mine and adjacent land.

13.3 As stated previously, the construction of a clawdd wall along the top of the quarry bowl will be the subject of a condition, requesting its implementation within an agreed timescale in order to prevent the encroachment of livestock but also to improve the visual appearance of the top ridge of the quarry as seen from viewpoints to the west.

13.4 In addition to safety issues along the western face of the quarry, an amended plan showing a reduction in the area of extraction along the southern face has been submitted with the application proposals. The amended plans confirm a reduction in area of land taken out of agricultural use from 1.24 acres to 0.6 of an acre. It is considered therefore whilst this still constitutes a loss of agricultural land under Policy C28 of the UDP, it is unlikely to affect the functioning of the greater part of the agricultural holding. Furthermore, the implementation of safety measures will benefit the management of livestock.

13.5 Consideration must be give to the fact that the quarrying related industries had been an integral part of the economy in Gwynedd for many years and in the case of Nanhoron, there are few alternative sources of granite within the immediate locality of the Llyn Peninsula. The proposal in itself would maintain four existing jobs with a possibility for further expansion with the recycling operation, and it is considered that there would therefore be benefits to the local economy.

13.6 Tan 23, (Economic Development) recognises that economic growth is worthwhile wherever it is located, and in the interests of economic growth the planning system should generally aim to provide land where there is demand for it. It further states that the needs of established businesses may be very specific especially where the prospect of extraction is dependent upon the availability of mineral. Some existing businesses may not be able to grow unless they are allowed to develop an existing site, as it may be highly inefficient or impracticable for them to relocate to an alternative site.

13.7 It is considered therefore that proposal complies with the requirements of Strategic Policy 16 and Policies B8 & C28 of the Unitary Development Plan.

14. Response to the public consultation

14.1 The main concerns raised by third parties in response to consultation the application consists mainly of the potential impact of dust, traffic & potential nuisance.

14.2 The Local Planning Authority has considered the objections that are based on planning considerations in this report. Furthermore, the material considerations relevant to this proposal have been assessed having regarding to the relevant planning policies and guidance.

15. Conclusions:

15.1 There are a number of material planning considerations relating to this application and all these need to be weighed up in the context of the Unitary Development Plan and any other planning considerations, as part of the process of coming to a recommendation. The question of need has been addressed in this report together with the balance of issues between the local economy and the respective environmental criteria, the area’s cultural characteristics and the amenities of nearby residents.

15.2 The minerals policy states that applications for new sites or extensions to existing quarries in the AONB will only be permitted in exceptional circumstances. It also sets the relevant criteria for the consideration of minerals development on sites within the AONB. In terms of this proposal, the aim is to serve the local market and community in terms of both employment and through providing a source to meet local demand for stone and recycled aggregates. The proposal will retain existing employment at the quarry with a further two new jobs arising out of the recycling operation. Granite products from Nanhoron Quarry have serviced the local community for a long time, providing aggregates, walling stone and dimensional stone in accordance with Policy C20 of the UDP, maintaining the character of nearby communities and AONB with distinctive products in keeping with traditional materials used in the construction of local buildings and features.

15.3 The key issue is that of visual impact and the effects of a mineral development in terms of nuisance caused by noise and dust within an AONB. The impact of the development may be tempered by the immediate, keyhole topography of the old quarry and surrounding tree cover, but has to be viewed against the wider high quality landscape of the Llŷn AONB. However, by comparison to the levels of quarrying and associated activities undertaken in recent years, the present proposals would be restricted by condition and contained for the most part within the footprint of the existing workings.

15.4 Policy D4 allocates land for “bad neighbour” developments. which includes the Nanhoron Brick and Block Yard? This proposal utilises the former Block Yard as the area for processing of quarry products and the reception, processing and storage of C&D waste. Given this allocation, the use of the former block yard for the purposes stated, the proposal is considered to comply with this policy.

15.5 Subject to appropriate conditions to control the effects of noise and dust, it is considered that the proposal is unlikely to have a detrimental impact on the amenities of the area and therefore complies with policy B23 of the UDP (amenities) and policy C12 (buffer zones).

15.6 Approximately 2,500m² of additional land will be taken out of agricultural use, but the proposals also include for the construction of a clawdd wall along the top of the quarry bowl in order to prevent the encroachment of livestock but also to improve the visual appearance of the top ridge of the quarry as seen from viewpoints to the west.

15.7 Historically, materials have been transported from Nanhoron quarry in a variety of vehicles including pick-up vans, tractors and trailers as well as lorries capable of carrying up to 20 tonne payloads which demonstrates that the facility provides for a predominantly local market within a rural community. The transportation unit confirmed that haulage traffic derived from the operation at an average output of 10 movements per day is acceptable and unlikely to have an adverse impact on the local road network. It is proposed that access to both the mineral and waste operations at the site will be moved to the former brick and block site.

15.8 Archaeological mitigation and recording of the existing industrial remains may be undertaken within the former brick and block site given potential for disturbance from the encroachment of the mineral & waste operations.

15.9 A condition should be imposed requiring the submission of a surface water regulation system to be submitted for the approval of the MPA prior to implementation of development to include any impermeable surfaces. However, with the introduction of a waste management facility into the former brick and block site it is considered that the submission of a surface water management system be approved by the mineral planning authority prior to any processing or screening of C & D waste, or the use of a wheelwash. 15.10 No significant impacts on local biodiversity, but it is recommended that the applicant submits in accordance with a planning condition; information on how to deal with an infestation of Japanese Knotweed on the site, a landscaping plan & species list for approval prior to undertaking any restoration works and a programme of operations to comply with the findings of the ecological report to include the monitoring of a small ‘storage’ building on the brick and block plant for the presence of Lesser Horseshoe bats.

15.11 Provision could be made for the diversion of a footpath under the Town and Country Planning Act.

16. Recommendation:

16.1 To authorise delegated powers to the Planning Manager to grant Planning Permission subject to resolving the outstanding matters relating to noise, subject to the following conditions;

 Duration of Working, 25 years from the date of commencement, 31st Dec 2039,  Re-location of site access to the former brick and block plant within 3yrs from the date of the permission,  Permitted Operations & Compliance with the Submitted Details/Plans,  Method of working, blast limitations & notice of blast events,  Restriction of blasting during the bird nesting season,  Monitoring of a building for the presence of Lesser Horseshoe Bats,  Mark out extraction area & alignment of clawdd wall,  Restoration of traditional Pen Llyn Clawdd Wall specifications & drawings to be submitted for the approval of the MPA,  Confirmation of final face positions & benching by reference to scale plans & sections,  Scheme of restoration blasting, tree planting & a detailed habitat creation & restoration plan,  5-yearly Review of operations,  Soil conservation, location & quantity of soil/restoration media held in storage areas,  Maintain natural screen of mature trees and shrub along the eastern side of the brick and block site,  Limitation on the height of stockpiles within the former brick and block site to 5m,  5-year aftercare plan to be agreed with the mineral planning authority,  Surface water drainage infrastructure to be installed with the agreement of the planning authority,  No extraction below the water table in the absence of a Hydrogeological Impact Assessment,  Scheme of archaeological recording & mitigation to be agreed and implemented,  Restriction of working Monday to Friday from 7.30am to 4.30pm, and 7.30am to 12.30pm on a Saturday, with no working on a Sunday or Bank Holidays,  Restriction on blast limits and blasting times,  Restriction on daily haulage movements to 5 loads per day (total of 10 movements), 18,000tpa mineral & throughput of 10,000tpa C& D Waste,  Dust controls & noise limitations,  Inclusion of specific noise limitations for noise-sensitive properties,  All plant & machinery to be in good working order and fitted with appropriate silencers,  All equipment fitted with white noise reversing alarms,  Noise monitoring undertaken by the operator in agreement with the local planning authority,  Notification of noise levels for emergency working for a specific period within a twelve month cycle,  Measures for the control of Japanese Knotweed to be submitted for the approval of the MPA,  Provision for the diversion of footpath No. 61,  Note to applicant concerning the additional remit of NRW & Public Protection ,  Archaeological mitigation and recording of the existing industrial remains.