Planning Applications

PWYLLGOR DYDDIAD: 19/03/2012 SIAMBR Y CYNGOR CAE CYNLLUNIO DATE: PENARLAG COUNCIL PLANNING COMMITTEE CHAMBER DOLGELLAU

EITEM CAIS RHIF CYMUNED LLEOLIAD ITEM APPLICATION COMMUNITY LOCATION NUMBER

1 C11/0871/44/AM Porthmadog Commercial & Newells Bakeries, Lon Bopty, Porthmadog 2 C11/0962/45/LL Pwllheli Bon Marche, Sgwar Yr Orsaf, Pwllheli 3 C11/1118/23/AM Llanrug Tir dros ffordd / Land opposite, Hafod Garage, Llanrug 4 C11/1188/35/AM Criccieth Dulais, Lon Ednyfed, Criccieth 5 C12/0114/39/LL Llanengan Bryn Cethin Bach Caravan Park, Abersoch, 6 C12/0126/09/LL Tywyn Toiledau Cyhoeddus / Public Toilets, Marine Parade, Tywyn, Number: 1 Application Number: C11/0871/44/AM Date Registered: 15/02/2012 Application Type: Outline Community: Porthmadog Ward: Porthmadog East

Proposal: OUTLINE APPLICATION FOR THE ERECTION OF THREE FLATS AND SIX DWELLINGS FOLLOWING DEMOLITION OF THE EXISTING BUILDINGS AND TWO DWELLING HOUSES

Location: COMMERCIAL + NEWELLS BAKERIES, LÔN BOPTY, PORTHMADOG, GWYNEDD, LL499DT

Summary TO DELEGATE POWERS TO APPROVE SUBJECT TO SIGNING A 106 of the Recommendation: AGREEMENT.

1. Description:

1.1 This is an outline application to construct a building with three flats and six houses (four terraced, one house and a linked dormer bungalow). This would make use of the existing site which is a combination of a yard and redundant outbuildings that have been used as a bakery in the past and two empty houses, as well as the bakery building which is used as a ‘brick a brack’ warehouse. The site as a whole is in a poor state of repair and there is not much interest in the buildings.

1.2 The site is located on Lôn Bopty off Wesla Street. Lôn Bopty serves the site and the rear of some of the buildings in the High Street. Lôn Bopty is not a through road and therefore, limited use is made of it.

1.3 The site is surrounded by developments. There are residential houses to the north, east and north-west, and the rear of the houses and their gardens abut the site. To the south- west, Lôn Bopty provides a definite boundary, but beyond this relatively narrow road are the rear of the substantial buildings in the High Street with commercial units on the ground floors and a combination of living units or stores on the higher floors. To the south-east, there is a two-storey house and beyond this, there are buildings of an industrial appearance.

1.4 The proposal involves clearing the entire site and building a terrace of four houses with the highest part measuring approximately 9m to the roof ridge and its gable end approximately 11m from the rear of the nearest dwelling. They would face Lôn Bopty. These would be two-storey houses with an attic room and they would have a parking space in the front and a garden to the rear. The building for the flats would be two-storey and it would measure approximately 8m to the roof ridge; the associated two-storey dwelling would also measure approximately 8m to the roof ridge and a storey and a half dwelling associated to that would measure approximately 5.8m to the roof ridge and it would have a small hip roof. These units would be in the form of a terrace but would have various roof levels. The houses would have gardens to the rear and to the front there would be a servicing road, parking spaces to share and a bin compound. 1.5 The application seeks approval for the access and site plan as part of the outline application.

1.6 A Design and Access Statement, along with a CODE Statement, have been submitted with the application. The DAS proposes that two of the nine units will be affordable.

2. Relevant Policies:

2.2 Gwynedd Unitary Development Plan 2009:

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

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

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 that the site or building and the proposed use are appropriate.

POLICY C7 – BUILDING IN A SUSTAINABLE MANNER Proposals for new development, or for the adaptation and change of use of land or buildings will be refused where consideration has not been given to specific environmental matters. Proposals must conform to specific criteria regarding building in a sustainable manner, unless it can be demonstrated that it is impractical to do so. POLICY CH3 – NEW HOUSES ON UNALLOCATED SITES WITHIN THE DEVELOPMENT BOUNDARIES OF THE SUB-REGIONAL CENTRE AND URBAN CENTRES Approve the construction of houses on appropriate unallocated sites within the development boundaries of the Sub-regional Centre and the Urban Centres.

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

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

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

2.3 National Policies: Planning Policy Wales 2011 TAN 12: Design TAN1 15: Development and Flood Risk TAN 22: Sustainable Buildings

3. Relevant Planning History:

3.1 C02D/0343/44/AM An application for 4 affordable units withdrawn.

4. Consultations:

Community/Town Council: Object as it obstructs access for the fire service, ambulance etc. and there is no room to park cars.

Transportation Unit:

Environment Agency: No objection. Conditions relating to the finished floor level.

Welsh Water: Standard observations.

Gwynedd Archaeological Condition to record the site for archaeological records purposes. Planning Service: Public Protection Unit: Possibility that there is asbestos on the site.

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The advertising period ends on 14 March 2012 and one letter / correspondence had been received when the report was being prepared, objecting on the following grounds:

 Loss of light and privacy, within 6m to the gable end of unit 9  Noise and nuisance when developing

5. Assessment of the material planning considerations:

5.1 The principle of the development Policies C3 and CH3 are relevant when assessing the principle of developing the site for houses. Policy C3 relates to ‘Reusing Previously Used Sites’ and proposals that give priority to reusing previously developed land located within a development boundary will be approved, provided that the site and proposed use are suitable and in accordance with the objectives of the Plan. This can be assessed further by means of Policy CH3 which approves, in principle, proposals to build sites on appropriate unallocated sites within the boundaries of Urban Centres. If it is proposed to construct more than five units, it is also required to provide a percentage of affordable houses in accordance with Policy CH6. The DAS proposes that two of the nine units will be affordable. This will be assessed under the heading 106 Agreement Matters.

5.2 Visual, general and residential amenities The existing site is untidy and has been left to fall into a poor state of repair. Developing the site would open it up and neaten it, ensure that regular use is made of it and would allow for natural supervision of the area.

Policy B22 is not completely relevant to the outline application as it relates to the Building Design and asks to respect the site in terms of scale, size, form, density, location, plan etc.; and for it not to have an unacceptable detrimental impact on the form and character of the townscape or on prominent public vistas. Nevertheless, the application asks for agreement to be sought on the access and also for agreement to be reached on the layout and these aspects are considered acceptable in the policy context as the scale, form, density and design would be acceptable considering the site and its surrounding area. It is not believed that there would be an unacceptable detrimental impact on the form and character of the townscape as a result, or that any prominent vistas will be lost. Of course, the remaining design aspects will be subject to a condition to be approved by means of a reserved matters application. Similarly, the materials (Policy B25) will be a matter to manage by means of conditions imposed on this permission.

In terms of the residential amenities of the houses near the site, the current situation must be considered initially. There is a firm boundary of single-storey stone buildings with slate roofs (no living units) behind proposed units 1-4 and the gable end of Unit 1 would be located at least 16m from the rear of the nearby house which faces in the opposite direction. The buildings to the front of Units 1-4 would be the rear of the buildings on the High Street. It is not considered that the unacceptable detrimental elements of overlooking, loss of privacy, loss of light or overdevelopment would derive from developing Units 1-4 on the site.

In terms of Units 5-9 (three flats and two houses), a row of stone outbuildings with slate/corrugated sheet roofs which are mainly single-storey or a storey and a half buildings must be demolished. These form a boundary between the site and 1-5 Cerrig yr Afon to the rear. Cerrig yr Afon is approximately 1m lower than the level of the application site and the eaves of the existing single-storey building are approximately 3.4m higher than the rear of the houses with a roof ridge measuring approximately 5.2m running parallel with the roof ridge of Cerrig yr Afon, except for part of the building which faces in the opposite direction and with its roof ridge running on exactly the same line as the boundary between the gardens of 2 and 3 Cerrig yr Afon. The eaves of this building are approximately 5m higher than the rear of the houses and measures approximately 6.8m to its roof ridge. This part of the building is approximately 5m wide. These buildings will be demolished in order to make room for Units 8 and 9.

Unit 9 would also face in the opposite direction to Cerrig yr Afon but this time, the roof ridge would run relatively similar to the boundary between the gardens of 3 and 4 Cerrig yr Afon. It would measure approximately 3.2m to its eaves and 6.8m to its roof ridge and it would have a small hip roof on its gable end starting at approximately 5.3m high (measured from the rear of the Cerrig yr Afon houses which are approximately 1m lower than the level of Unit 9). It would measure approximately 7m wide and set back approximately 6m from the rear of 3 and 4 Cerrig yr Afon. Unit 8 would be attached to it and would be set back 5m again (a total of 11m) from the rear of 3 and 4 Cerrig yr Afon. The hip means that a clear 45 degree angle exists to allow natural light into the windows of numbers 3 and 4 Cerrig yr Afon.

In terms of the amenities of the residents of the Cerrig yr Afon houses, it is not considered that the situation affects Number 3 more than the existing situation does, because half the gable end of the existing buildings, extending 5m to the eaves and 7m to the roof ridge, are the boundary to half the rear garden of Number 3 and 4 and a 3.4m building to the eaves and 5m to its roof ridge with its roof running away from the rear of Cerrig yr Afon, forms the remainder of the boundary. The new building would create a new boundary on the other half of the garden of Number 3 and half the garden of Number 4 with the remainder of the boundary along 1-6 Cerrig yr Afon likely to be 2m high (3m considering the lower level of the rear of Cerrig yr Afon). The new boundary created by Unit 9 would be 3.2m to the eaves and 6.8m to the roof ridge, with a hip roof measuring 5.3m. Therefore, this does not mean that there is a significant change to the amenities of Number 3 and that it is not considered that there is an unacceptable detrimental impact on the levels of privacy, light or overshadowing of the Cerrig yr Afon houses, deriving from the gable end of Unit 9 or the proposed boundary wall.

It is not considered that noise and nuisance during the development work is unreasonable in the short-term and the working time can be controlled by means of condition to ensure this.

5.3 Traffic and access matters By taking into account the existing/previous use of the site and the potential use that can be made of the site without needing planning permission, as well as the observations of the Highways Unit which has expressed that there is no objection to the proposal based on the proposed access or parking, it is not believed that the proposal is contrary to Policies CH33 and CH36.

5.4 Archaeological Matters The Gwynedd Archaeological Planning Service states that the site forms part of the early urban development of Porthmadog and therefore; the buildings and development form should be recorded before the site is demolished – this can be done by imposing a planning condition. Policy B7 relates more to archaeology of national importance but it is also important to record local history in this manner. Therefore; the proposal meets the policy.

5.5 Sustainability matters The CODE (pre-application) Assessment shows that the proposal will be able to meet the standards of Level 3 of CODE, in accordance with Policy C7.

5.6 Relevant planning history There is no recent planning history that is relevant to the application.

5.7 Flooding issues It is considered that the proposal is in accordance with Policy B29, despite the fact that it is located within zone B. This is because the Environment Agency is satisfied that the finished floor levels are sufficient to overcome concerns regarding flooding and this should be secured by means of a planning condition.

5.8 106 Agreement Matters If it is proposed to construct more than five units, it is also required to provide a percentage of affordable houses in accordance with Policy CH6. The DAS proposes that two of the nine units will be affordable.

It is believed that the nature of the site and the proposal means that the value/price of units are likely to be restricted naturally, and that based on the site being brown land, location, type of houses, building density, number of proposed units and nearby land uses. This is supported by the statement made by the Agent in the DAS. Therefore, it is not considered that it would be reasonable to request for more than 2 units to be restricted as affordable units to meet general need for affordable housing.

5.9 Response to the public consultation One letter of objection had been received when the planning report was being prepared; however, the re-consultation period had not ended. Full consideration has been given to the observations received thus far and they relate to light and privacy and it is believed that this situation has been improved after receiving amended plans, including a hip roof on Unit 9 and a lower roof on Unit 8 to be in keeping with the plans described above. Nevertheless, the re-consultation period on these amended plans will continue until 14/3/12.

6. Conclusions:

6.1 Based on the above assessment, it is not considered that the proposal is contrary to relevant policies and after giving full consideration to the objections, there are no other material planning considerations that state otherwise. 7. Recommendation:

7.1 To delegate powers to the Senior Planning Manager to approve the application subject to signing a 106 agreement to bind two of the nine houses as affordable houses for general need, and subject to the following conditions:

1. Time 2. Reserved Matters 3. Slate 4. Water 5. Highways/parking 6. Working hours when developing the site 7. Archaeology 8. PD windows 9. CODE 10. Finished floor levels 11. Boundary treatments / landscaping 12. No more than nine units Number: 2 Application Number: C11/0962/45/LL Date Registered: 27/10/2011 Application Type: Full - Planning Community: Pwllheli Ward: Pwllheli North

Proposal: CHANGE OF USE OF GROUND FLOOR AND BASEMENT TO CLASS A3 USE (PUB/RESTAURANT) INCLUDING ALTERATIONS TO SHOP FRONT TOGETHER WITH EXTRACTORS TO REAR Location: BON MARCHE, STATION SQUARE, PWLLHELI, GWYNEDD, LL535HG

Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:

1. Description:

1.1 Full application to change the use of the ground floor and basement of a former retail shop into a pub/restaurant and to undertake works including external alterations to the shop front and installation of ventilation and extraction systems to the rear.

1.2 This is a substantial and striking building located in a prominent site in the town centre of Pwllheli and within a conservation area. It forms part of a row of buildings on the site and has stood empty for a number of years following its last use as a retail shop. The town’s train station is located directly opposite the site and the main bus station is within easy walking distance of the site.

1.3 The proposal intends to change the use of the ground floor into a pub/restaurant and change the basement into various uses including toilets, storerooms, a kitchen and an office. The external alterations mainly involve maintenance work to improve existing features including improving the current external canopy which runs along the front of the building; installing two sets of concertina doors on either side of the main entrance into the building; re-rendering the rear of the building and installing new windows where appropriate.

2. Relevant Policies:

2.2 Gwynedd Unitary Development Plan 2009:

POLICY B4 – DEVELOPMENTS WITHIN OR THAT AFFECTS THE SETTING OF CONSERVATION AREAS Ensure that proposals within conservation areas, or which affect their setting, are refused unless they aim to maintain or enhance the character or appearance of the conservation area and its setting. POLICY 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 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 in keeping with the character and appearance of the local area.

POLICY B26 - SHOP FRONTS AND COMMERCIAL UNITS IN THE TOWN CENTRES Ensuring that proposals that are approved respect the scale, size, materials and architectural style of the building and the local vicinity.

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

POLICY 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 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 D23 – CHANGE OF USE OF GROUND FLOOR UNITS IN TOWN CENTRES – BANGOR, CAERNARFON, PORTHMADOG AND PWLLHELI In order to maintain the attractiveness of existing town centres, ground floor units will be safeguarded for shopping purposes. Proposals to change the use of ground floor shops to non- retail uses (except hot-food takeaways) within the defined town centres of Bangor, Caernarfon, Porthmadog and Pwllheli will be assessed against all the following considerations.

2.3 National Policies:

Planning Policy Wales - Edition 4, 2011

TAN 4: Retailing and town centres

TAN 12: Design

TAN 15: Development and Flood Risk 3. Relevant Planning History:

3.1 Application C07D/0189/45/LL – alter empty ground floor shop into two retail units and a restaurant and redevelop the remaining floors into 12 living units along with external changes to the building including raising the roof ridge height, installing arched windows and balconies on the front elevation, and balconies on the third floor level on the rear elevation – approved 10.09.08.

4. Consultations:

Community/Town Council: Recommend approving

Transportation Unit: No observation to be made as it is not considered that the proposal would have a harmful impact on public roads and is located in a central location close to current public transport links.

Environment Agency: The application had originally been objected to due to the building’s location in a C1 flood zone and as no Flood Consequence Assessment (FCA) had been submitted with the application. Following the submittal of an assessment, the agency confirmed that it would have no objection to the proposal provided that the applicant implements the recommendations and the mitigation steps of the FCA.

Welsh Water: Standard conditions and advice regarding site drainage.

Access Officer: General observations regarding the proposal and the need to comply with legislation to ensure access for all.

Gwynedd Archaeological It is recommended to undertake a photographic survey of the Planning Service: inside and outside of the building before any development commences.

The Campaign for the General observations regarding the proposal and welcome the Protection of Rural Wales: proposal to reuse the building, however there is concern regarding the other buildings in the row.

Public Protection Unit/ Food Observations on the proposal and the lack of information submitted Safety Officer with the application regarding the ventilation units and hygiene arrangements, waste disposal and the impact of this on the area’s amenities. Public Consultation: A notice was placed in the local press and on the site and nearby residents were informed. The consultation period ended on 09.12.2011 and three letters/correspondences were received objecting to the application on the following grounds:

 Detrimental impact on local roads, lack of parking space, delivery arrangements  Detrimental effect on current businesses  Unacceptable noise emanating from the development  Impact on adjacent buildings

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

 Competing with established businesses

One letter/correspondence was received which supported the application on the grounds of:

 Improving the appearance of this part of the town and creating work opportunities.

5. Assessment of the material planning considerations:

5.1 The principle of the development

The principle of supporting proposals to reuse existing buildings and to change the use of buildings’ ground floors within defined town centres is supported provided the proposals comply with other policy considerations. In this case, it is considered that the proposal is acceptable and that it complies with the requirements of the relevant policies and relevant planning history is also a material consideration in this case.

5.2 Visual amenities

5.2.1 This building is located within the Pwllheli Area of Conservation and within the town centre boundaries as designated in the development plan. It is in a prominent location when approaching the town centre from the north and the west. The building has been empty since its last use as a retail shop and due to its condition, it is considered that is poses a negative impact on the area’s visual amenities, including the conservation area.

5.2.2 A proposal is made here to improve the current external elevations of the building with maintenance work and by upgrading existing features, the proposed structural changes are very minor, and it is considered that what is proposed for the front elevation in acceptable and that the finishing details are to be agreed in order to ensure that the traditional shop frontage is retained.

5.2.3 It is considered that the proposal is acceptable due to the way it improves the building and due to the scale of the proposed work which ensures that this notable building is reused and that the character and general appearance of the building can be retained and improved, it is therefore considered that the proposal complies with policies B4, B24, B25, B26 and C4.

5.3 General and residential amenities

5.3.1 It is recognised that the other buildings which form the row of buildings are not owned by the applicant and that ideally, the row should maintain external appearances which match each other, the applicant notes that they are prepared to discuss what they propose with the owners of the other buildings in order to reach an agreement on the proposed work.

5.3.2 The higher floors of the adjacent buildings are used for residential use, concern has been expressed regarding the impact of the ventilation and extraction units installed to the rear of the buildings on these living units and on the nearby buildings. In this case, it is considered that including a condition would be appropriate in order to agree on the exact type of ventilation units installed and to agree with the public protection unit on the acceptable noise levels for this site, doing this will ensure that the general and residential amenities of the nearby area are safeguarded, which is in accordance with the requirements of policy B23. It must also be noted, that a previous planning approval, which continues to be ‘live’, had taken these exact steps, by including a condition in order to reach an agreement on the type of units to be installed and the acceptable noise levels.

5.4 Traffic and access matters

5.4.1 Due to the central location of this building, its proximity to public transport links and public car parks, the transportation unit did not consider the proposal unacceptable in terms of its impact on the local roads network. It is noted in one of the representations received by an objector that the proposed development would have a serious impact on this part of the town; however we do not agree with this opinion.

5.4.2 The proposed internal changes must meet with building control requirements with regards to provision of access and suitable internal fixings for all site users. It is considered that the changes are acceptable and that they meet with the requirements of policy CH30.

5.5 Flooding issues

As already noted, the site is located within a C1 flood zone, the FCA was submitted following observations received from the Environment Agency, the recommendations of the assessment were accepted and the Agency has no objection to the application provided that the assessment recommendations are realised and that the mitigation steps are implemented. It is considered that the proposal satisfies the requirements of policy B29.

5.6 Retail and relevant planning history

5.6.1 Policy D23 safeguards the use of ground floor retail use in town centres such as Pwllheli, what’s relevant in this case is the length of time this building had been empty and the difficulty in bringing it back into use as a retail unit.

5.6.2 It is considered that the proposal is acceptable in this case due to the extensive period the building has been empty. Changing its use will not make the frontage lifeless and it is considered that the location is near the town centre rather than located on one of the main retail streets in Pwllheli.

5.6.3 The previous planning application relating to the site deals with converting the building into a combination of shops, a restaurant and living units, remains extant, i.e. this approval can be implemented as it still remains within the approval period.

5.6.4 It is considered that this previously proposed use would have a greater impact on the area compared with this current application, in terms of the density of proposed use and the external structural changes including extensions and alterations which would have meant changing the building’s character to a greater extend than what is proposed in this case.

5.7 Any other considerations

None.

5.8 Response to the public consultation

As already noted, four letters were received objecting to the application, although objection on grounds of competition for existing businesses cannot be considered a material planning consideration. It is considered that this report has responded to matters highlighted in the objections.

6. Conclusions:

6.1 In light of the above and having given full consideration to all the relevant matters, including local and national policies and guidelines and the objectors’ observations, it is considered that this application to change the use of the ground floor and basement to a pub and restaurant is acceptable and that it complies with the relevant policies and guidelines.

7. Recommendation:

7.1 To approve – conditions

1. Time 2. Comply with plans 3. Materials 4. Submit information in relation to ventilation/extraction units. 5. Drainage 6. Archaeological records 7. Compliance with the FCA. Number: 3 Application Number: C11/1118/23/AM Date Registered: 12/01/2012 Application Type: Outline Community: Llanrug Ward: Llanrug

Proposal: ERECTION OF SIX AFFORDABLE DWELLINGS AND NEW ACCESS Location: LAND OPPOSITE, HAFOD GARAGE, LLANRUG, CAERNARFON, GWYNEDD, LL554AW

Summary of the TO REFUSE THE APPLICATION ON POLICY GROUNDS. Recommendation:

1. Description:

1.1 This is an outline application for six affordable houses and new access in the centre of the village on open land that was used in the past as a car sales and parking area associated with Hafod Garage that was located on the adjacent side of the road on Llanberis Road. The site is triangular in shape and is level ground with a hard surface with an area of approximately 2,570m2. There are established houses to the north which form part of the Nant y Glyn Estate and evergreen trees on the boundary of the site; to the east there is waste land of bushes and trees with some grassy area and the residence known as "Gernant" is located to the rear of this land; to the south is Llanberis Road and to the west (the apex of the site) there is a pedestrian access to Nant y Glyn. The site is located outside the development boundary as it is included in the adopted Unitary Plan.

1.2 The proposal is to construct six houses in three pairs with the estate road in the centre serving the houses. The size and design of the houses will conform to the affordability requirements of the Council. Each house will have its own amenity curtilage including a garden and parking spaces to the front of the house.

1.3 Appended to the application are several associated documents that support this latest proposal:-

(i) Design and Access Statement – this document has been submitted in accordance with the requirements of Technical Advice Note 12 on "Design" (June 2009) that identifies the five statutory headings. It is believed that in relation to this application that the content of the statement conforms to the requirements of TAN 12 in support of the application despite the fact that the application itself is an outline application.

(ii) Linguistic Statement - this statement was submitted on the grounds of the requirements of the Supplementary Planning Guidance ‘Planning and the Welsh Language’ (November 2009) and concludes that a development of this scale will have a positive impact on the local community and will not be detrimental to the Welsh language. Having considered the context of the development it is not believed that it would have a detrimental impact on the Welsh language.

(iii) Code level 3 statement for sustainable homes – this submission is required under the requirements of TAN 22 on “Planning for Sustainable Buildings” (June 2010). The statement concludes that the requirements of the code Level 3 can be achieved (with the proposed houses being sustainable housing) with this proposal and there are no reasons to question this.

(iv) Planning Statement – this statement has been submitted to support the planning application and reference is made to the affordable housing need that exists in the village; a reference to the results of the appeal following the refusal of the previous application for 11 houses in March 2009 and a reference to the advice of the Welsh Government regarding sustainable developments and affordable housing and planning policies included in the Unitary Plan.

2. Relevant Policies:

2.2 Gwynedd Unitary Development Plan 2009:

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

POLICY CH7 – AFFORDABLE HOUSING ON RURAL EXEMPTION 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 CH37 – EDUCATIONAL, HEALTH AND COMMUNITY FACILITIES Development proposals for new educational, health or community facilities or extensions to existing facilities will be approved provided they conform to a series of criteria relating to the location of the proposal, its accessibility using different modes of travel, together with highway considerations, the design of any new school and the effect on an identified town centre. Supplementary Planning Guidance: Planning and the Welsh language (2009)

Supplementary Planning Guidance: Affordable Housing (November 2009)

2.3 National Policies:

Planning Policy Wales, Chapter 9, “Affordable Housing” (July 2010)

TAN 2 “Planning for Sustainable Buildings” (February, 2006).

3. Relevant Planning History:

Application number C01A/0668/23/AM – residential development refused on policy grounds.

Application number C02A/0437/23/AM – residential development refused on policy grounds.

Application number C08A/0384/23/AM – construction of eight affordable houses refused in September 2008 on the grounds of the rural housing policy and affordable housing.

Application number C08A/0697/23/AM – construction of 11 affordable houses and create two new accesses refused in March 2009 on the grounds of the rural housing policy, affordable housing and the detrimental impact on the amenities of the local community. The applicant appealed against this decision but the appeal was rejected in January 2010 on the grounds that although there was a need for affordable housing in the village, the Inspector was not convinced that there was a demand for the alleged number of houses (11 houses) on this rural exemption site. It was also added that the Inspector had no doubt that the allocated sites (within the village boundaries) would provide the projected affordable housing contribution anticipated during the period of the Unitary Plan. Despite this, the Inspector confirmed that the proposal of constructing 11 houses would not have a severe detrimental impact on the amenities of the local community and neither would the site create an unacceptable intrusion into the countryside or create a fragmented development pattern.

4. Consultations:

Community/Town Council: Object as the site is outside the development boundary.

Transportation Unit: No objection.

Environment Agency: Low risk to the environment.

Affordable Housing Officer: There are still sufficient lands available within the development boundaries of the village and the nearby town (Caernarfon) without having to go outside the development boundary although it is acknowledged that there is a need for affordable housing in the area but there is insufficient justification here to construct as an exemption to the policy of the Unitary Plan.

Policy and Performance The application should be considered in the context of Policy Unit: CH7 of the Unitary Plan. Reference was made to the following observations: (i) The site is suitable for development as referred to in the past by the Planning Inspector. (ii) Is there a recognised need for affordable units? It is unclear whether the applicant has based his application on a new survey of the need or whether he has used the survey that was undertaken for the previous application. There are 26 affordable units which have received permission in the area of the community council and 12 of these have been completed. In the Unitary Plan, two sites have been allocated for housing and already planning permission has been granted to half the allocation (which included two affordable houses), along with another site in the village which was designated and which also has two affordable houses which have already been completed. (iii) The boundary has been drawn tightly around the village and it is very important to ensure that this type of housing which is proposed here satisfies local need. (iv) Effect on the local school – there is a need to consider the effect this proposal will have on the local primary school. The total number of pupils in the school is far greater than its capacity. In accordance with the guidelines in the Supplementary Planning Guidance “Housing Developments and Educational Provision” (November, 2009), this development is likely to add two additional pupils to the school (which is already exceeding its capacity). In accordance with Policy CH37 of the Unitary Plan (educational health and community facilities), there will be a need to consider whether or not a financial contribution is required to ensure that the school can cope with these additional pupils. (v) The planning Inspector’s decision on the previous application/ appeal must be taken into consideration.

Welsh Water: Standard conditions regarding surface water and foul water. Public Protection Unit: Public Consultation: A notice was placed on the site and neighbouring residents were informed. The advertising period ended on 17.02.12 and a letter / correspondence objecting to the application was received on the following grounds:

 The land is outside the development boundary and it is understood that permission for 60 houses has been approved within the boundaries.  The need for an exemption to the basic policy on the grounds of local need has not been proved at all as the Inspector has already noted.  Traffic hazards by creating another access to the trunk road.  The facilities of the village in terms of schools, water / sewerage systems, and traffic systems are already buckling under the pressure.

5. Assessment of the material planning considerations:

5.1 The principle of the development – the principle of developing sites that are located outside but immediately on the edge of development boundaries for general local need for affordable housing is acceptable provided that there is compliance with the criteria which states that general local need has been proved; that the development forms a logical extension to the village; that the development will not form an unacceptable extension in the countryside and acceptable arrangements are in place to restrict the occupancy of the houses that are provided initially and in perpetuity and there is proof that there is general local need for affordable housing. In the context of Policy CH7 of the Unitary Plan, the Supplementary Planning Guidance on affordable housing and TAN 2 on affordable housing along with taking into account the decision of the Planning Inspector on the appeal of the previous application, it is believed that the site can be described as a rural exemption site which is acceptable on the grounds of its location adjacent to the development boundary and it does not create an unacceptable intrusion into the countryside or create a fragmented development pattern. Therefore, from this perspective, the proposal conforms to two of the guidelines in Policy CH 7 above.

It is also acknowledged that there is a general local need for affordable housing in the area of the community council but the question must be asked whether or not this rural exemption site is required to satisfy the need for affordable housing in the area. The applicant’s planning statement states that questionnaires had been sent out to residents of the village in 2009 and 20 favourable responses were received of the need for affordable housing together with another four favourable responses from residents who had been advised originally about the planning application (a total of 24 positive responses). All this evidence was submitted as part of the applicant’s case on appeal and the Inspector decided that this could be allowed as, in his opinion, this evidence could be dealt with as additional evidence and not as “new evidence”.

As the Policy and Performance Unit mentions, it must be established whether the six units will satisfy the acknowledged general local need for affordable housing on a site which is located outside the development boundary. Reference has been made in the above assessment that a number of residential developments have either received planning permission recently or the applications are to be submitted imminently to the Council on sites that are within the development boundary. Since the decision of the appeal, permission has been granted for seven affordable houses on the land of the former Ysgol Glanmoelyn (which are currently the subject of a legal Section 106 Agreement) and an application is to be submitted imminently for 10 affordable houses (on the grounds of their size and design) on the land of Cae’r Eglwys which is also within the development boundary of the village. In addition, six affordable houses have been completed near Hermon Terrace (although these had been constructed prior to lodging the appeal), four affordable houses in Tan y Coed (that have recently been completed), two affordable houses completed in the new Pen Cae estate (completed after the appeal) and two affordable houses of six houses approved in March 2009 on half the site of Parc Isaf and which has been designated in the Unitary Plan for residential development (it is expected that the other half of the site will include two affordable houses also). In addition to the above, there are other sites within the development boundary (but which have not been designated for residential development), which could be suitable for a mixture of affordable houses and open market houses as referred to above by the local councillor.

Taking the above into consideration and also the response of the former Affordable Housing Officer, it is believed that currently it is not necessary to develop this rural exemption site to satisfy the local need of the area for affordable housing and the application has been submitted prematurely and, consequently, the proposal does not conform to the first criterion of Policy CH7 (satisfy local need on a rural exemption site).

5.2 Visual amenities – it is believed that in this case, taking into consideration the decision of the Inspector on the appeal, that the proposal of constructing six affordable houses will not have a detrimental effect on the visual amenities of the area on the grounds of the built and residential nature of the nearby area. It is therefore believed that the proposal is acceptable on the grounds of the requirements of Policy B23 of the Unitary Development Plan (safeguarding the amenities of the local neighbourhood).

5.3 General and residential amenities – taking into consideration the density, use and the nature of the proposal, it is believed that such a residential development will not have a significant impact on the general and residential amenities of the residents of the nearby houses. It is, therefore, believed that the application is acceptable on the grounds of the requirements of Policy B23 of the Unitary Plan.

5.4 Transportation and access matters – it is not believed that an additional six houses on this site (compared with the original use as a car sales and parking area) will have a detrimental effect on the safety of users of the nearby trunk road (Llanberis Road). It is therefore believed that the proposal complies with Policy B33 of the Unitary Plan.

5.5 Biodiversity matters – there are no implications to the biodiversity of the site or the adjoining land if this application is approved.

5.6 Relevant planning history – as referred to in the above assessment there is quite a lengthy history to this site and it is believed that the decision of the Inspector on the previous application / appeal is a material consideration which should be taken into account when determining this application. It is noted also that the previous applications (going back to the period of the former Arfon Council), for residential developments on this site were refused on the grounds of planning policy.

6. Conclusions:

6.1 Taking into account the above assessment, along with the observations and the responses received following the public and statutory consultation, it is not believed that this latest application is acceptable (although there is a reduction in the number of houses proposed which have now been reduced from 11 to six) on the grounds that insufficient evidence has been submitted to satisfy the Local Planning Authority that it is necessary to satisfy the need for affordable housing by developing this rural exemption site rather than developing sites within the development boundary to satisfy this type of need for housing in the local community. Although it is acknowledged that there is a need for affordable housing in the area (and the former Affordable Housing Officer has already confirmed this to the applicant), there is insufficient justification to develop this rural exemption site and priority should be given to developing sites within the development boundary first before examining sites outside the development boundary.

7. Recommendation:

7.1 To refuse – The proposal is contrary to the content of Policy CH7 of the Unitary Plan; contrary to the content of the Supplementary Planning Guidance on the Council’s Affordable Housing (November 2009), the Welsh Government’s TAN 2 on Planning and Affordable Housing (June 2006) and it is contrary to Planning Policy Wales, Chapter 9 “Housing” (July 2010), as insufficient evidence has been submitted to establish that developing this rural exemption site would satisfy a specific need and there is no evidence to prove that it is not possible to satisfy the need reasonably by using the housing stock, and buildings or land that are included within the development boundary of Llanrug. Number: 4 Application Number: C11/1188/35/AM Date Registered: 22/12/2011 Application Type: Outline Community: Cricieth Ward: Cricieth

Proposal: OUTLINE APPLICATION WITHIN A CONSERVATION AREA TO ERECT A DWELLING AND NEW ACCESS AND THE CREATION OF A SEPARATE ACCESS AND PARKING AREA FOR DULAIS AND WORK TO TREES SUBJECT OF A TREE PRESERVATION ORDER Location: DULAIS, LÔN EDNYFED, CRICIETH, LL520LD

Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:

1. Description:

1.1 The application is an outline application to construct one dwelling and an access, close an existing access and create a separate 'pull in' parking area to the existing house known as Dulais, as well as work to trees that are subject to a Tree Preservation Order. The site is located within the development boundary of Cricieth and within a Conservation Area.

1.2 The site is situated on a slope and the road opposite is a hill which leads to Cricieth Golf Club and the cemetery, and also other houses in the vicinity. The other houses around the site vary in terms of design, scale, layout and plot size, but directly beside the site are traditional houses of a substantial size. The existing house, Dulais, is quite small in comparison, and it has a substantial curtilage to the rear of the house with a garage in a poor state of repair set on it, together with an access that is quite far from the existing house, as the garage and entrance are at one end of the plot and the house at the other end. The nature of the site means that the house is much lower than the current vehicular access and the garage. There is pedestrian access and an area with double gates on it to the front of the house.

1.3 The boundary of the Conservation Area surrounds the site and the protected trees are identified as T1, T2, T3 and T4 (Monterey pine) as one group, and G1 (trees that have grown untidily to form a hedge) and G2 (oak, sycamore and a young yew that has not yet reached any value) as two other separate groups. There are also protected trees on land to the rear of the site, which are more in the form of a coppice.

1.4 The road leading to the site is a single track road but is quite wide, and is known as Lôn Dulais. The road is used regularly, not only to reach the nearby houses but also to reach the Golf Club and cemetery that are higher up than the site. The site adjoins this road as it is on a higher level than the road. The boundary is a stone wall, which is also a retaining wall. The trees and hedgerows above it have overgrown and are unkempt. The entrance to Bryn Eglwys and the garages of other houses is almost opposite the proposed access.

1.5 The proposal is intended to establish Dulais as a house with a small curtilage and a garden which is sufficient a house of its size, using the area in front of it as a parking spot, and creating an access to its side and another parking space. This would leave a substantially sized site, with levels higher than the road and also on a slope.

1.6 The outline application is submitted with details of the access and the proposed access road, as well as the location of the proposed house and its rough scale as a two storey house measuring approximately 7m to the ridge. The nature of the site means that the property would have to be partially built into the land. It is intended to locate the house in the opposite direction of the current property (south-east) so that its front faces over Lôn Ednyfed and its rear, in the land, faces north-west. The house would be set back around 14m from the road, with the level of the road being approximately 12.80, and the finished floor level of the proposed house being 15.50. This reflects the levels in the land. It is intended to keep the location of the garage in the same site and close the existing access.

1.7 A Design and Access Statement, a Tree Report and Recommendations along with a CODE Outline Assessment, have been submitted with the application.

2. Relevant Policies:

2.2 Gwynedd Unitary Development Plan 2009: B4 – DEVELOPMENTS IN OR AFFECTING THE SETTING OF CONSERVATION AREAS Ensure that proposals within conservation areas, or which affect their setting, are refused unless they aim to maintain or enhance the character or appearance of the conservation area and its setting.

B19 – PROTECTED TREES, WOODLANDS AND HEDGEROWS Proposals that lead to the loss or damage of a tree, woodland or hedgerow that is protected will only be permitted when the development’s economic and/or social benefits outweigh any harm.

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.

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.

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. 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.

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

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 form a high proportion of the housing stock.

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.

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.

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

2.3 National Policies: Planning Policy Wales 2011 TAN 10: Tree Preservation Orders TAN 12: Design TAN 22: Sustainable Buildings

3. Relevant Planning History:

3.1 Outline application C10D/0418/35/AM to build one house – withdrawn. Outline application C08D/0005/35/AM to build two houses – refused on 17/3/08 for reasons including the site being outside the boundary, and also highway/visibility/traffic increase issues. Application C03D/0657/35/CC to fell one tree. Approved 13/1/04.

4. Consultations:

Community/Town Council: Condition {1. Support provided it complies with highway rules. {2. Ensure that there is sufficient room in the curtilage for a vehicle to be able to turn around so as to avoid reversing into the road.

Transportation Unit: No objection, standard conditions.

Welsh Water: Standard conditions.

Biodiversity/Tree Officer: There is no objection to the application but I would like to include a condition that the current access on the highest end of the site is closed off with a clawdd after the construction work is completed, and that small indigenous trees such as blackthorn and hazel are planted on it.

I would also like to include a condition that will enforce full compliance in accordance with the recommendations as they are described in Paolo Bravaresco’s Pre-development Arboricultural report – 15 December 2011, that was submitted with the application.

Conservation Officer: No response. Public Consultation: A notice was placed on the site and neighbouring residents were informed. The advertising period ended on 2/2/12 and four letters (with a total of five names on them) were received, objecting on the following grounds:

 Concern about the new accesses based on lack of visibility due to bends in the narrow road, and the width of the road.  Traffic to the Golf Club is increasing, and also traffic to the existing cemetery, which will be extended in time.  Concern about the gradient of the slope, and that it will be slippery.  Concern about the access and a tight space to turn around within the site, which will lead to having to reverse into the road.  The proposed access opposite Bryn Eglwys which is also an access to garages that serve three other residential properties.  Increased risk and danger due to lack of visibility from the proposed access. A risk to road users and pedestrians.  The current access is rarely used.  Raise concerns about the Design and Access Statement.  Concern that the proposal will lead to another holiday home.  Concern about the protected trees.  Previous applications were refused.

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

 A statement of a private right of access to private land over the current vehicular access, which would be affected should the access be closed off.

5. Assessment of the material planning considerations:

5.1 The principle of the development The site is located within the development boundary and therefore Policy B4 applies. It would not be pertinent to ask for a percentage of affordable housing on an application for a single dwelling, therefore the proposal satisfies this policy.

5.2 Visual amenities and tree issues The site is within a Conservation Area and some of the trees on the edge of the site are protected by a Tree Preservation Order. Policy B4 requests that proposals within or near conservation areas are refused unless they maintain or enhance the character or appearance of the conservation area and its setting. All proposals should retain pattern and character; ensure that the scale, size, form, materials and building methods are in keeping with buildings and features that make a positive contribution to the character of the conservation area, and that important scenery across, in and out of the conservation area is retained. In terms of this policy, the proposal cannot be fully assessed in the context of the policy since it is an outline application. However, when considering the surrounding area, and given that there is no definite pattern to the buildings nor a definite character either, as there is a variety of houses and building periods, it is not considered that any substantial change will derive from erecting one house on this site. It is therefore considered that the character would be maintained and that this can be ensured further, as well as the details regarding design, scale, materials, features etc., by controlling the reserved matters application which will be required should this application be approved.

The protected trees are also ‘features’ within the conservation area, and the opinion of the Tree Officer concurs with the Report submitted with the application, by stating that there is not much value to the trees along the site’s boundary with the road, and that this boundary can be replanted in order to improve the situation, which would also ensure that the conservation area is maintained, since replanting would be an improvement on the current situation of unkempt and overgrown trees. It is not intended to disrupt the remainder of the trees that are protected on the highest end of the site.

More specifically, Policy B19 relates to trees that are protected. This policy states that ‘proposals that lead to the loss or damage of a tree, woodland or hedgerow that is protected will be permitted only when the development’s economic and/or social benefits outweigh any harm. In this case, the relevant criteria that proposals are assessed against are: the archaeological, historical and landscape value of the protected trees; the contribution of each tree/woodland to public amenity; the recreational value of the protected tree; the ecological, biodiversity and wildlife value of the protected tree, and whether other trees/hedgerows will be planted instead of those lost to the development'.

The Tree Reports outline the work in detail, as well as the measures to safeguard the protected trees and the work required to be carried out. The main protection work is for the trees along the rear boundary of the site, and the greatest lopping/clearing work is along the site’s boundary with the road – this is because of the poor condition of the trees (some dead) and the possibility of replanting the young (oak) trees along the new boundary or on another part of the site.

The Biodiversity Team has given observations on tree issues, and has stated that there is no objection to the application, but that a condition should be included to ensure that the current access on the highest end of the site is closed off with a clawdd after the construction work is completed, and that small indigenous trees such as blackthorn and hazel are planted on it.

A condition should also be included to enforce full and thorough compliance with the recommendations as described in Paolo Bravaresco’s Pre-development Arboricultural report – 15 December 2011, that was submitted with the application.

Based on the above, it is not believed that the work to the trees would be contrary to Policy B19, since there is no amenity value to the area that is to be lopped/cleared, and that the intention to replant is more suitable (which can be controlled through a condition), with some of the protected young trees being replanted on the site. It is believed that the existing condition of the road boundary is a negative feature in the Conservation Area, which cannot be improved without substantial clearing and replanting. Since this is an outline application, there are few details available regarding design or materials, but the need to provide this information on a reserved matters application can be ensured through imposing a condition on this application, as well as a slate roof condition. This will ensure compliance with Policies B22 and B25.

In the same way a landscaping condition (more than what is included as part of the application) can ensure that the proposed development blends in better with the landscape/streetscape, and maintains or even enhances the Conservation Area and also protects the condition of the trees that are subject to a preservation order. It is therefore considered that the proposal can conform to Policy B27 subject to the inclusion of an appropriate condition to ensure this.

5.3 General and residential amenities It is not considered that developing a residential property on the plot shown would disrupt the reasonable privacy of the users of a nearby property, because of the distance between them. Neither is it considered that the proposal would be an overdevelopment of the site, as it is a fairly substantial site. In terms of traffic and noise, it is not considered that the likely traffic level from a house of this size would cause a significant increase in traffic or cause significant harm to local amenities (this is discussed further below) that would make it contrary to Policy B23. In the context of the clause relating to antisocial behaviour, it is not considered that this is relevant to this application. Furthermore, the highest possible consideration will be given to the needs of all potential users of the site in the context of the site’s restrictions . On this basis, it is not believed that the proposal is contrary to Policy B23.

5.4 Traffic and access matters The road to the site also leads to many other houses, the Golf Club and the cemetery. It is a single road on an incline, with bends above and below the site. The current access is by the highest bend and the visibility is poor because of vegetation and the height of the boundaries as well as the bend. There is also a current access in front of the existing property known as Dulais.

It is intended to retain the current access in front of Dulais and create a ‘pull-in’ on the road by the house. This would provide sufficient parking for the existing house. It is intended to close off the current access on the highest part of the site and create a new access opposite the entrance to Bryn Eglwys, which would offer better visibility than the current access, as it would be positioned in the middle of a straight part of the road.

The access road to the site would then be quite steep, but the Highways Unit is not of the opinion that it is unacceptably steep, nor that the current roads network is unsuitable to accommodate the traffic flow likely to derive from the new development. It is also believed that the vehicular access is safe and in keeping with the local area. The Highways Unit proposes standard conditions to ensure that the access is acceptable.

Despite this, several objections have been received based on the new access and the current roads network, and the risk that would be created to all road users. When assessing these concerns, the current situation as outlined above must be considered, and the likely increase in traffic flow as a result of the proposal. It is not considered that the likely traffic level from a house of this size would cause a substantial or significant increase to the current situation so as to create an unacceptably dangerous situation, and in the same manner, it is not considered that the new access or the ‘pull-in’ poses more danger than the current access to the site. How much use is made of this access at present is of no relevance, as the use could increase any time without any planning control over it. In weighing up these matters it is not believed that the proposal can be objected to on the grounds of the provision of Policy CH33.

The plans show that parking spaces and sufficient turning can be created within the site to meet the requirements of Policy CH36, and the Highways Unit supports this.

5.5 Sustainability matters A CODE Outline Assessment has been submitted with the application, and as a result, it is considered that the proposal complies with Policy C7.

5.6 Relevant planning history In respect of relevant applications to this proposal, a previous application in 2010 was withdrawn to discuss issues regarding highways and trees. An application for two dwellings on the site was refused under the Dwyfor Local Plan. At the time, the site wasn’t located within the boundary and there was no evidence for affordable housing outside the boundary or for a house for an agricultural/forestry worker. The application for two dwellings was also refused on the following basis: ‘additional use of the access creating additional traffic pressure at the expense of road safety, and visibility is insufficient at the proposed access’, but it must be acknowledged here that this proposal involved two houses, and not one, as is being proposed in this application.

5.7 Response to the public consultation The responses to the consultation period have raised many points as outline above. Briefly, the main matters are: o Highway, access and access road matters o The current access is rarely used o Concerns about the Design and Access Statement o Concern that the proposal will lead to another holiday home o Concern about the protected trees o Previous applications were refused

The highway, access and access road matters are discussed above, and the concerns about the DAS have been acknowledged and considered. Also, the trees that are the subject of a Tree Preservation Order, and their value to the Conservation Order, are discussed above. There is also concern with regard to creating a holiday home, and Policy CH10 deals with this. The policy requests that proposals for new houses that will lead to an increase in the number of second homes in a community, where they already form a high proportion of the housing stock, are refused. This policy has been the subject of a recent appeal in another area, with the conclusion that there is no certainty that the proposed house will be used as a second home, even if a high percentage of the housing stock in a specific area consists of second homes.

In terms of planning history, two applications have some relevance, mainly outline application C10D/0418/35/AM to build one house, which was withdrawn to discuss matters regarding trees and highways since the information received with the application was insufficient, and outline application C08D/0005/35/AM to build two houses, which was refused due to reasons including the fact that the site was outside the boundary, and also highway/visibility/traffic increase issues. To summarise, application C10D/0418/35/AM was not refused, and application C08D/0005/35/AM was for a higher density of use, and is therefore not similar to this application. It must also be borne in mind that the policy circumstances have changed since the 2008 application. It is not believed, therefore, that a precedent has been set.

As well as the above-mentioned objections, objections that were not valid planning objections were received, involving a statement that there is a private right of access to private land over the current vehicular access, which would be affected should the access be closed off. This would be a private matter and not a matter for the Planning Department.

6. Conclusions:

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

7. Recommendation:

7.1 To approve – with conditions 1. Time 2. Reserved matters 3. Materials 4. Water 5 Trees/biodiversity 6. New access/close existing access 7. Pull-in 8. CODE Number: 5 Application Number: C12/0114/39/LL Date Registered: 03/02/2012 Application Type: Full - Planning Community: Llanengan Ward: Abersoch

Proposal: VARIATION OF CONDITION NO. 1 OF PLANNING PERMISSION REF. C01D/0319/39/LL TO ALLOW FOR THE RELOCATION OF ONE EXISTING STATIC HOLIDAY CARAVAN TOGETHER WITH THE SITING OF SIX ADDITIONAL HOLIDAY CARAVANS AND SIGNIFICANT ENVIRONMENTAL IMPROVEMENTS Location: BRYN CETHIN BACH CARAVAN PARK, ABERSOCH, PWLLHELI, GWYNEDD, LL53 7UL

Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:

1. Description:

1.1 The proposal involves the variation of condition 1 on planning application C01D/0319/39/LL to allow for the relocation of one existing static holiday caravan together with the siting of six additional static holiday caravans on the site which currently has planning permission for 65 static caravans. Substantial landscaping works have been undertaken to create a leisure park for the caravan site and environmental improvements to the site are proposed as part of the application. These improvements include landscaping in particular near the entrance to the site and an existing maintenance building would be relocated.

1.2 The site lies in the countryside and within a Landscape Conservation Area. A class 3 road serves the site to the south and separates it from the adjacent Area of Outstanding Natural Beauty. The site for the additional caravans is not visible from the AONB and is screened in the landscape due to excavation work to set the units on the side of a narrow valley. There is a public footpath near the site.

1.3 The applicant originally intended to locate additional static caravans and touring units on the floor of the valley outside the boundary of the caravan site. Following a negative response from the officers owing to the harm that would be caused to a screened valley that had a public footpath running through it, the applicant decided to reconsider his application and locate a smaller number of caravans within the current boundary of the site which is screened from the path on the floor of the valley.

1.4 An acceptable access statement was submitted with the 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: 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 B10 – PROTECTING AND ENHANCING LANDSCAPE CONSERVATION AREAS – Protect and enhance Landscape Conservation Areas by ensuring that proposals conform to a series of criteria aimed at avoiding significant damage to recognised features.

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

Policy 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 roads network and traffic calming measures.

Policy D17 – UPGRADING OF EXISTING STATIC HOLIDAY CARAVAN AND HOLIDAY CHALET SITES - Proposals to upgrade existing static holiday caravan and chalet sites through minor extensions, relocations, small increase in numbers, exchanging touring pitches for static holiday caravan units will be approved if they conform to these criteria regarding improving the range and quality of accommodation and facilities; substantial and permanent improvements to the design, setting and appearance of the site and its setting in the surrounding landscape; and the increase in numbers is commensurate with the scale of any improvements to the site.

Supplementary Planning Guidance – Holiday Accommodation (mainly paragraphs 24 – 29)

2.3 National Policies: Planning Policy Wales (Edition 4) – Chapter 11 - Tourism, Sports and Leisure

TAN 13 – Tourism (October 1997) – Paragraphs 10 – 14 relating to holiday caravan and touring caravan developments.

3. Relevant Planning History:

3.1 There is complex and extensive planning history relating to this caravan site. The number of touring caravans on the site was increased from 12 to 15 following a successful appeal in 1981 and a lawful use application for five touring caravans on another part of the site was refused in 1994. An application and appeal to locate 11 static caravans rather than 15 touring caravans were refused in 1996 and a lawful use certificate was issued to locate six touring caravans on a parcel of land near the main entrance to the site and two touring caravans within the site in 1999. More recent history relating to the site is noted below.

3.2 C01D/0319/39/LL – Environmental improvements to include locating 12 static caravans as opposed to 23 touring caravans, erection of furniture storage to replace existing barn, demolition of toilet block, relocation of boat storage facility, tree and hedge planting - Bryn Cethin Bach Caravan Park, Abersoch – Approved 7 October 2004. This planning permission is part of a legal agreement under Section 106 of the Town and Country Planning Act 1990 abolishing lawful use consent on part of the site and restricting the number of touring and static caravans on the site to 65.

3.3 C09D/0407/39/LL – Relocating a static caravan outside of but abutting the boundary of the caravan site – Bryn Cethin Bach Caravan Park, Abersoch – Approved 22 December 2009.

3.4 C10D/0088/39/TC – Lawful use certificate to retain land use on the valley floor for leisure and amenity purposes including fishing together with associated boat activities, bird and wildlife watching, walking including dog-walking, cycling, sunbathing, picnics, barbeques, kite-flying and ball games which are in connection with the Bryn Cethin Bach caravan site, together with preserving vehicular access, vehicle and foot bridges across the lake, retaining wall and enclosed area of bricks, sitting areas, parking areas and picnic tables – Land at Bryn Cethin Bach Caravan Park, Abersoch – Approved 15 November 2010.

4. Consultations:

Community/Town Council: Not received.

Transportation Unit: The proposal is not likely to have a detrimental impact on the road serving the site.

Caravan Officer: Defer decision since it is not possible to make observations on this application until confirmation has been obtained from the applicant that the proposed application has been created based on the Model Standards 1989 (licence conditions) requirements for holiday caravan parks, referring specifically to the width between units and ramps and / or verandas. It was noted as a result of a site inspection held on 4 April 2011 that verandas / ramps broke a licensing condition and consequently left less than 3.5 metres clear width between the verandas or ramp to the next caravan. This breach of condition creates a risk of fire spreading.

Footpaths Officer: Need to ensure that public footpath no. 55 Llanengan is protected during and also at the end of the development.

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The advertising period ends on 8 March 2012 but no response had been received when preparing the agenda.

5. Assessment of the material planning considerations:

5.1 The principle of the development Policy D17 of the GUDP states that proposals to upgrade existing static holiday caravan sites, including proposals for a small increase in the number of static holiday caravan units, will be approved. Currently, permission exists for 65 static caravans on the land and the proposal in question would increase this number to 71 static caravans. This would be an increase of 9.2% and would be within the maximum of 10% which is noted in the explanation to policy D17. Therefore, the application would be acceptable as regards numbers, but it is also necessary as part of the proposal to increase to show substantial improvements to the site. Extensive landscaping works have been undertaken to create a recreational lake etc for site users on the valley floor; additional landscaping is proposed which would take place mainly near the entrance to the site in order to improve the appearance of the site from the adjacent county road. It is also proposed to relocate a sub-standard maintenance shed to a less prominent part of the caravan park near existing buildings and an area which is used for boat storage. The details of the new shed will be the subject of a further application in the future and a condition would be required to ensure this should members wish to approve the application. It is considered that these improvements would improve amenities substantially for users of the site and also for the public who would travel along the county road and the adjacent public footpath.

5.2 Visual amenities The site lies within a Landscape Conservation Area. The proposal would involve locating six new static caravans on the existing site and relocating one static caravan. Since these changes would happen within the existing caravan park it is not considered that the proposal would have a detrimental impact on visual amenities in the area compared with the current situation. As already noted, the appearance of the site near the entrance would improve as a result of the landscaping works proposed to this area. It is not considered that the proposal would have a detrimental impact on a Landscape Conservation Area, and it is therefore acceptable as regards Policy B10 of the GUDP. The caravan site is separated from the AONB by the county road but the proposal would not be visible from this area as it is located on the lower part of the caravan site which runs down the slope from the AONB boundary.

5.3 Traffic and access matters It is proposed that the existing entrance to the site be used for the development. The observations of the transportation unit were received and they did not consider that the proposal, due to the small increase in the number of caravans, was likely to have a detrimental impact on the road serving the site. It is considered that the proposal is acceptable in terms of Policy CH33 of the GUDP.

A public footpath runs past the site and, should the application be approved, it should be ensured that this footpath would not be affected during or at the end of the development work, and to this end a condition should be imposed on the planning permission to safeguard public footpath no. 55 Llanengan.

5.4 General and residential amenities It is evident from the Caravan Officer’s observations that some of the balconies on the site do not meet statutory standards in terms of ensuring space between caravans and would therefore pose a risk in the event of a fire. Consequently, the applicant must ensure improvements to the remainder of the site including conforming to these requirements.

Some dwelling houses are dispersed near the site. However, a park for 65 static caravans already exists here and it is therefore not considered that locating six additional caravans within the boundary of the site would have any further impact on the residents of these dwellings. It is therefore considered that the proposal is acceptable in terms of Policy B23 of the GUDP. 5.5 Relevant planning history Reference is made in the ‘Relevant Planning History’ section of this report to the fact that a section 106 agreement has been signed in connection with planning permission C01D/0319/39/LL. This agreement abolishes lawful use consent on part of the site and restricts the number of touring and static caravans on the entire site to 65. The proposal in question, if approved, would increase this number to 71 and consideration would need to be given to amending the section 106 agreement should members wish to approve the application.

6. Conclusions:

6.1 The six additional touring units is an increase of 9.2% which is less than the maximum of 10% noted in the GUDP, and this is deemed to be acceptable from a policy perspective. The additional units would also be located within the boundary of the existing caravan park and improvements, mainly in terms of landscaping and complying with the requirements of the Caravan Officer, would be made to the park as a result of this proposal. It is considered that these improvements would considerably enhance the appearance of the site and visual amenities in the surrounding area. It will, however, be necessary to impose a condition on the planning permission to agree the details of the units. It will also be important to restrict the occupancy period to 10½ months per year and for holidays only.

7. Recommendation:

7.1 To delegate power to the Planning Manger to approve the application subject to signing an amended section 106 agreement restricting the number of caravans on the site to 71 and including the following conditions –

1. Commence the development within five years 2. Restrict occupancy of the caravans to between 1 March and 10 January the following year. 3. Restrict use to holidays only and no permanent residential use. 4. Agree details of the individual caravans prior to their being located on the site. 5. Restrict the number of static caravans on the site to a total of 71 and locate them in strict accordance with the plans submitted. 6. Landscaping works undertaken in accordance with the approved plan. 7. Safeguard public footpath no. 55 Llanengan during and following the development work. 8. Comply with the necessary environmental changes listed in the Caravan Officer’s observations prior to locating the additional units on the site. 9. Submit a planning application in relation to the new maintenance building prior to locating the additional units on the site. Number: 6 Application C12/0126/09/LL Number: Date Registered: 08/02/2012 Application Type: Full - Planning Community: Tywyn Ward: Tywyn

Proposal: DEMOLISH TOILET BLOCK AND CONSTRUCT TWO STOREY PUB / RESTAURANT INCORPORATING PUBLIC TOILETS WITH EXTERNAL ACCESS Location: PUBLIC TOILETS, MARINE PARADE, TYWYN, GWYNEDD, LL360DG

Summary of the Recommendation: TO REFUSE

1. Description:

1.1 A full application to develop land near to the foreshore of Tywyn Marine Parade and involves the demolition of a public toilet block and the construction of a pub and restaurant. The pub and restaurant would be on two floors and would have an internal floor surface area of approximately 24 metres in length, 12 metres in width and 10.2 metres in height to the ridge. The ground floor would include a bar, a kitchen, a storage area, toilets and lift facilities along with a patio on the access and the first floor would include a restaurant, toilets and a storage area. The proposal would include public use toilets with external access on the ground floor and on the south west side of the development.

1.2 The building would be constructed on an angle to reflect the road and the stone wall to the southern side. The building would include a front terrace, balcony and glass would be used to make the best of the views over Cardigan Bay located in front of the site. The building would be constructed using materials such as stone to face some of the walls to the front and a combination of bricks and render on other external walls and a slate pitched roof. It is noted that the development does not include a beer garden, parking spaces for service vehicles and customers within the curtilage although it is noted that there is public parking adjacent to the site along the foreshore of Tywyn.

1.3 The site is located within the development boundary of the town and the land has not been designated within the GUDP. The site is a level and limited plot that includes a toilet block that is to be demolished and is located between a residential development to the north and amusement arcade, shop and dwelling to the south. A public road is located to the west and the car parks of the foreshore are located across the road. Towards the east Glan y Môr cottage is located which includes two businesses selling books and a café, along with living space to the rear of the building. 2. Relevant Policies:

2.2 Gwynedd Unitary Development Plan 2009:

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

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

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

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

Policy C1 - Locating New Developments – Land within town and village boundaries and the developed form of rural villages will be the main focus for new developments. New buildings, structures and 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 land or buildings previously developed and located within or adjacent to development boundaries will be permitted provided that 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 must conform to specific criteria regarding building in a sustainable manner, unless it can be demonstrated that it is impractical to do so. Policy CH30 – Access for All – Refuse proposals for residential, business/commercial units or buildings/facilities for public use unless it can be shown that full consideration has been given to the provision of appropriate access for the widest possible range of individuals.

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

Policy CH36 – Private Car Parking Facilities - Proposals for new developments, extension of existing developments or change of use will be refused unless off- street parking is provided in accordance with the Council’s current parking guidelines, and having given due consideration to 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 CH44 – Provision of Community Sports or Recreational Facilities – Proposals for the provision of new sports and/or leisure facilities, or for improving existing facilities to meet the needs of the local community will be approved provided they meet with all the criteria relevant to the location of the development, the possibility of meeting the need through dual use or through adapting the existing buildings, and the scale and nature of the development.

2.3 National Policies: Planning Policy Wales (Fourth edition, February 2011) Technical Advice Note 12: Design – 2009 TAN 13: Tourism TAN 15: Development and Flood Risk TAN 18: Transport - 2007 TAN 22: Sustainability

3. Relevant Planning History:

3.1 C06M/0069/09/LL – Land near Glan Y Môr, C06M/0069/09/LL – Approved – an application to erect 34 dwellings nearby on land to the north of the site. - 25 September 2007

4. Consultations:

Community/Town Council: No objection.

Transportation Unit: No parking spaces or space for servicing the proposal have been shown and approving the proposal without these facilities could have a detrimental impact on the adjacent highway. The proposal should not depend on the highway for parking spaces. Environment Agency: Due to work priority they cannot provide a full response and therefore offer basic advice.

Policy Unit: Not received

Welsh Water: Not received

Public Protection Unit: Not received Public Consultation: A notice was placed on the site and neighbouring residents were informed. The advertising period ended on 14 February 2012 but no observations or letters of objection had been received.

One letter was received which provided observation on the application on the grounds of:

 Support if the property remains open throughout the year.

5. Assessment of the material planning considerations:

5.1 The principle of the development In terms of the principle of ‘Locating New Developments’ the land is located within the town’s development boundary where it is expected under policy C1 of the Gwynedd Unitary Development Plan (GUDP) that the focus would be on new developments, in this case it is recognised that a plan of an appropriate scale and design would support to enhance the quality of the foreshore’s environment as a result of pattern development that have taken place historically on the southern side of the foreshore. In accordance with policy C3 of the GUDP priority is given to developing the site as it is located in an area that has been previously used as a toilet block which also includes a section of open lawn to the rear of the block and to the east. It should be emphasised that the policy on re-using previously developed sites does not justify redeveloping a building of significant and detrimental size and priority is given to locations with a close visual link to existing buildings. The challenge is to integrate a new development on the site that would provide an important contribution to improve the image of places and the objection of the officers to the domineering scale of the development that would partly stand in front and near the historical cottage of Glan y Môr.

5.2 Visual amenities The site is in a prominent spot on the foreshore and the design is modern and is substantially larger in terms of scale and impact compared with the existing building on the site. The site’s current character and state shows that the site is redundant and it is believed that redeveloping this site would create a positive development in this part of the town. In terms of the roof ridge level the new building would reflect the height below the building to the direction of the south and north and the buildings front and side architecture favourably reflects the modern style and materials and the new buildings located nearby to the north.

Nevertheless, and in terms of Policy B22 ‘Building Design’, it is considered that the proposal would not respect the site and its surroundings due to its scale, size in relation to land use which is a restricted plot. The proposal is considered to be in a location which is partly in front of a historical building from the beginning of the 19th century and the size and location of the proposal within seven metres from the front of Glan y Môr cottage would be oppressive and would likely have a serious detrimental impact on the form and character of the cottage and on the prominent views that can be seen from the cottage when standing in the south- westerly direction on the foreshore. This is emphasised in paragraph 4.11.9 of Planning Policy Wales which states that the appearance of a proposed development, its scale and its relationship with its surroundings and its context will be material planning considerations.

In addition, the building is of significant size in the context of the plot’s floor area and it does not offer spaces for vehicles to service the pub and details have not been included in terms of external recycling and bin space which leads to the opinion that there is overdevelopment of the site. It is therefore deemed that the proposal is contrary to the requirements of policy B22 (Building Design) and B23 (Safeguarding visual amenities) of the Unitary Plan.

5.3 General and residential amenities Glan y Môr cottage is located to the east and the front of the cottage forms part of a café business and book shop and is located to the north of the site; there is a residential area with flats above the Amusement Arcade and shops which is approximately 16 metres to the south. It is believed, taking the location of the nearby dwellings and businesses into consideration, that the windows will not overlook and there will be no loss of privacy for the nearby houses. It is believed that it is possible to deal with any noise concerns by using appropriate conditions and it is considered that the public use of the building would be consistent with the current use, therefore on the whole there would be no significant detrimental impact on privacy amenities and overlooking and would be consistent with the requirements of policy B23 (Safeguard the privacy and overlooking amenities).

5.4 Pre-application Consultation Consultation took place regarding this application via a telephone enquiry made by the applicant but no plans were received. Nevertheless, the officers consulted on the general economic/environmental advantage to redeveloping the toilet block, subject to receiving details, and concerns were expressed regarding the type and scale of the development on the restricted site. The agent notes on the application form that the officers had been fully supportive of the proposal but this is not true as attention and feedback could not be given without obtaining details to be assessed.

5.5 Traffic and access matters The Transportation Service opposes the proposal due to the proposal’s parking and servicing provision in relation to policies CH36 ‘Private car parking facilities’ and CH33 ‘Safety on roads and streets’. It is considered that we do not usually request a parking provision within the curtilage in a commercial application, especially as a car park is located adjacent, however a letter was sent to the applicant requesting a response on the grounds of the objection and to provide details of places to service the proposal.

5.6 Sustainability matters The design statement refers to the proposal to place solar panels on the south facing side of the roof, but no details have been provided on the plans submitted and therefore the probable impact and the environmental benefits cannot be assessed. Policy C7 of the GUDP states that proposals will be refused for new developments or new buildings or to adapt and change land or building use if they have not shown that issues dealing with more sustainable construction materials, energy efficiency, recycling waste and long-term use of the building have been considered. The applicant states that the site has been registered with a BREEAM assessor and it is therefore considered that consideration has been given to sustainability and assessment conditions can be included by the registered assessor at the time of the detailed plans and prior to occupation of the property, should the application be approved and therefore, it is considered that the application complies with policy C7 of the GUDP.

5.7 The economy It is acknowledged that a pub and restaurant of quality can bring economic benefits to an area and that there is, to an extent, a lack of this type of service locally. The pub would include a restaurant with dining space for around 50 guests (exact numbers to be confirmed by the applicant) and would be likely to contribute substantially to the local economy, not only in terms o f jobs but also through local purchases. Despite this, we are required to consider more than the economy and the benefit to tourism in the area. Strategic Policy 17 of the UDP supports developments which improve the variety and standard of tourist attractions and facilities in so far as they do not significantly affect the environment or the cultural character and amenities of neighbouring residents.

As highlighted in other parts of the report, officers have significant concern on grounds of other policies within the Plan for developing the site for a proposal such as this. 6. Conclusions:

6.1 It is recognised that this site’s redevelopment principle is a material consideration as the existing use as public toilets already exists on the site, but it is necessary to realise whilst there is a need to improve this corner of the foreshore officers are still concerned about the design in terms of an oppressive development and the overdevelopment of a restricted site. It is considered that the design is an objective opinion and it is considered that an application must to submitted to a committee in order to gain their opinion in terms of considering the balance between overdevelopment and improving part of the site. There is concern regarding the lack of servicing and parking provision for a pub and restaurant of this size although it is considered that the site is accessible for pedestrian use by visitors to the town.

7. Recommendation:

7.1 To refuse - reasons

1. contrary to policy B22 and B23 of the GUDP – The size and location of the proposal and the site within seven metres of the front of Glan y Môr cottage would be oppressive and is likely to have a serious detrimental impact on the form and character of the cottage and on the prominent views that can be seen from the cottage.

2. contrary to policy CH33 – It would be an overdevelopment of a restricted site and without sufficient evidence of provisions to service the site.