Gwasanaeth Democratiaeth Democracy Service Swyddfa’r Cyngor LL55 1SH

Cyfarfod / Meeting

PWYLLGOR CYNLLUNIO

PLANNING COMMITTEE

Dyddiad ac Amser / Date and Time

1.00pm DYDD LLUN, 2 MEDI, 2013

1.00pm MONDAY, 2 SEPTEMBER, 2013

Lleoliad / Location

SIAMBR DAFYDD ORWIG SWYDDFA’R CYNGOR CAERNARFON

D.S Rhagflaenir gan ymweliad safle mewn cysylltiad â cheisiadau rhifau: C13/0145/18/LL - Capel , Dinorwig a C12/1451/15/LL - Glyn Rhonwy . Aelodau’r Pwyllgor i gyfarfod ger ystâd dai Bro Elidir, Dinorwig, (côd post: LL55 3EL), am 10am

N.B. To be preceded by a site visit in relation to applications numbers C13/0145/18/LL - Capel Dinorwig, Dinorwig and C12/1451/15/LL – Glyn Rhonwy, Llanberis. Committee members to meet near the Bro Elidir housing estate,(post code: LL55 3EL), at 10am

Pwynt Cyswllt / Contact Point

IOAN HUGHES

01286 679780

[email protected]

Dosbarthwyd/Distributed 22-08-13 PWYLLGOR CYNLLUNIO PLANNING COMMITTEE

Aelodaeth / Membership (15)

Plaid Cymru (7)

Y Cynghorwyr/Councillors Elwyn Edwards Dyfrig Jones Dafydd Meurig Michael Sol Owen Tudor Owen Hefin Williams Eurig Wyn

Annibynnol/Independent (3)

Y Cynghorwyr/Councillors Anne T.Lloyd Jones Dilwyn Lloyd Christopher O’Neal

Llais Gwynedd (3)

Y Cynghorwyr/Councillors Endaf Cooke Louise Hughes Owain Williams

Llafur/Labour (1)

Y Cynghorydd/Councillor Gwen Griffith

Rhyddfrydwyr Democrataidd / Liberal Democrats (1)

Y Cynghorydd/Councillor June Marshall

Eilyddion / Substitutes Y Cynghorwyr / Councillors

Craig ab Iago () John Pughe Roberts (Annibynnol / Independent) Gruffydd Williams (Llais Gwynedd) Gwynfor Edwards (Llafur / Labour) Stephen Churchman (Rhyddfrydwyr Democrataidd / Liberal Democrats) AELODAU LLEOL A WAHODDIR/ LOCAL MEMBERS INVITED (Cynghorydd/Councillor + Rhif Cais/ Application Number)

1. Cyng/Coun John Wyn Williams C12/1347/25/LL

2. Cyng/Coun John Wyn Williams C12/1161/25/LL

3. Cyng/Coun Trevor Edwards 12/1451/15/LL

4. Cyng/Coun Elfed Williams C13/0145/18/LL

5. Cyng/Coun Eirwyn Williams C13/0487/35/LL

6. Cyng/Coun Dyfed Edwards C13/05822/LL

7. Cyng/Coun Dyfed Edwards C13/0647/22/LL

8. Cyng/Coun Owain Williams C13/0694/34/LL

9. Cyng/Coun Ioan Thomas C13/0699/14/LL TREFN SIARAD YN Y PWYLLGOR CYNLLUNIO

Mae’r Cyngor wedi penderfynu rhoddi’r hawl i 3ydd parti siarad yn y Pwyllgor Cynllunio. Mae’r daflen hon yn amlinellu’r trefniadau gweithredol arferol ar gyfer siarad yn y pwyllgor.

1. Adroddiad y Gwasanaeth Cynllunio ar y cais cynllunio yn cynnwys argymhelliad.

2. Os oes cais wedi ei dderbyn gan 3ydd parti i siarad, bydd y Cadeirydd yn gwahodd y siaradwr ymlaen

3. Gwrthwynebydd, neu gynrychiolydd o’r gwrthwynebwyr yn cael 3 munud annerch y pwyllgor

4. Ymgeisydd, gynrychiolydd yr ymgeisydd(wyr) neu Asiant yn cael 3 munud annerch y pwyllgor

5. Aelod(au) Lleol yn cael annerch y pwyllgor 10 munud

6. Cadeirydd y pwyllgor yn gofyn am gynigydd ac eilydd i’r cais cynllunio

7. Y pwyllgor yn trafod y cais cynllunio.

PROCEDURE FOR SPEAKING IN THE PLANNING COMMITTEE

The Council has decided that third parties have the right to speak at the Planning Committee. This leaflet outlines the normal operational arrangements for speaking at the committee.

1. Report of the Planning Service on the planning application including a recommendation.

2. If an application has been received from a 3rd party to speak the Chairman will invite the speaker to come forwards.

3. Objector, or a representative of the objectors to address the 3 minutes committee.

4. Applicant or a representative of the applicant(s) to address the 3 minutes committee.

5. Local Member(s) to address the committee 10 minutes

6. Committee Chairman to ask for a proposer and seconder for the planning application.

7. The committee to discuss the planning application AGENDA

1. APOLOGIES

To accept any apologies for absence.

2. DECLARATION OF PERSONAL INTEREST

To receive any declaration of financial interest or personal connection.

3. URGENT ITEMS

To note any items that are a matter of urgency in the view of the Chairman for consideration.

4. MINUTES

The Chairman shall propose that the minutes of the last meeting of this committee, held on, 29 July, 2013, be signed as a true record (copy herewith - yellow enclosure).

5. PLANNING APPLICATIONS

To submit the report of the Head of Regulatory Department (copy herewith – white enclosure). Planning Committee 29.07.13

PLANNING COMMITTEE 29.07.13

Present: Councillor Gwen Griffith - Chair Councillor Michael Sol Owen - Vice-chair

Councillors: Louise Hughes, Anne Lloyd Jones, Dilwyn Lloyd, Dafydd Meurig, Christopher O’Neal, William Tudor Owen, Hefin Williams, Owain Williams, Eurig Wyn and Gruffydd Williams (substitute).

Others invited: Councillors Llywarch Bowen Jones and John Wyn Williams (Local Members).

Also present: Aled Davies (Head of Regulatory Department), Gareth Jones (Senior Planning Service Manager), Iwan Evans (Legal Services Manager), Cara Owen (Acting Development Control Manager), Gareth Roberts (Senior Transport Development Control Officer), Glynda O’Brien and Ioan Hughes (Member Support and Scrutiny Officers).

Apologies: Councillors Elwyn Edwards and Dyfrig Jones.

The Chairman welcomed members of the public to the meeting.

1. DECLARATION OF PERSONAL INTEREST

(a) The following members declared a personal interest for the reasons noted:

(i) Councillor Dilwyn Lloyd (a member of this Planning Committee) in Item 5 on the agenda – Planning Applications (Application Number C11/1140/22/LL) because a member of the family owned the land adjacent to the application site.

(ii) Councillor Owain Williams (a member of this Planning Committee) in Item 5 on the agenda – Planning Applications (Application Numbers C13/0532/43/LL and C13/0533/43/CR) because he owned the site

(iii) Councillor Gruffydd Williams in Item 5 on the agenda – Planning Applications (Application Numbers C13/0532/43/LL and C13/0533/43/CR) because he was the son of the applicant.

The members were of the opinion that they were a prejudicial interest, and withdrew from the Chamber during the discussion on the items noted.

(b) The following members declared that they were local members in relation to the items noted:

 Cllr John Wyn Williams (not a member of this Planning Committee) in Item 5 on the agenda – Planning Applications (Application Number C12/1347/25/LL and C12/1161/25/LL).

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 Cllr Gruffydd Williams (a member of this Planning Committee as a substitute) in Item 5 on the agenda – Planning Applications (Application Numbers C12/1372/42/LL and C13/0547/42/LL).  Cllr Michael Sol Owen (a member of this Planning Committee) in Item 5 on the agenda – Planning Applications (Application Number C13/0398/45/LL).  Cllr Llywarch Bowen Jones (not a member of this Planning Committee) in Item 5 on the agenda – Planning Applications (Application Numbers C13/0532/43/LL and C13/0533/43/CR).

The members withdrew to the other side of the Chamber during the discussions on the applications in question and did not vote on these matters.

2. MINUTES

The Chair signed the minutes of the previous meeting of this committee held on 8 July, 2013 as a true record.

3. PLANNING APPLICATIONS

The Committee considered the following applications for development.

The details of the applications were expanded upon and questions in relation to the plans and aspects of the policies were responded to.

RESOLVED

1. Application No. C11/1140/22/LL – Land near Bro Silyn, , Caernarfon

Construction of new track to serve the tip along with creating a new access.

(a) The Senior Planning Service Manager elaborated on the background of the application and he noted that this application before the committee was to create a new access and a new track approximately 300 metres from slate waste to serve the old slate tip to the south-west of Bro Silyn estate on the eastern outskirts of Talysarn. Attention was drawn to the extant planning permission for working the slate tip through the standard process which forms part of the planning system. The purpose of the entrance would be to transport slate material out of the slate tip but there would be a restriction of approximately six loads a day which was equal to 12 traffic movements.

In the context of the consultations, it was noted that no objections had been received. From the perspective of the Transportation Unit, it was noted that the access was acceptable on the grounds of highway requirements subject to relevant conditions. A further observation had been received from the Gwynedd Archaeological Planning Service noting an additional condition regarding any work undertaken to be in accordance with archaeological details to be approved before hand with the local Planning Service.

Reference was made to the relevant planning considerations and the planning officers believed that the development was acceptable and complied with the relevant policies in terms of its location, design, visual amenities, biodiversity, the historical landscape, residential amenities and road safety.

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Proposed and seconded – to approve the application.

Resolved: To approve the application in accordance with the following conditions:

1. To remove the track within two years of the date of this consent 2. In accordance with the plans 3. Highway conditions 4. Biodiversity Condition 5. Restrictions on traffic flow and times 6. Use from the Dolbebin tip only for the access and track.

2. Application No. C12/1347/25/LL – Land near Ffordd Penrhos, Bangor.

Construct 245 living units comprising detached and semi-detached houses, flats (including 86 affordable units), parking spaces and gardens, associated works, erection of pumping station and demolition of single-storey outbuilding.

Members of the Committee had visited the site prior to this meeting.

(a) The Senior Planning Service Manager elaborated on the background to the application, namely to construct 245 houses on the above site including a selection of different housing types in terms of design and size. In general, the majority of the houses would be two-storey but some would be three-storey and they would include flats. Attention was drawn to the fact that 86 of the houses would be affordable as part of the scheme and they would also be a mixture in terms of size, design and tenure. Attention was drawn to the number of statements and background information submitted with the application and reference was made to several relevant planning policies which were associated with the application.

In terms of the consultations, attention was drawn to the specific responses noted below:

 The Transportation Unit had no objection but it would be a requirement to control the development by means of a series of formal conditions  Similarly, the Welsh Government’s Transportation Unit was supportive of the proposal subject to conditions and specific instructions.  The Housing Strategic Policy Unit was supportive of the range of housing provision as part of the development.

Objections had been received based on issues relating to transport, infrastructure, general and residential amenities, along with biodiversity issues. One further objection had been received referring to the loss of privacy / light, overlooking, increasing the risk of flooding and blocking sewerage pipes. Although not a relevant consideration, reference was also made to the Council’s decision to construct these houses because of the lack of commitment to construct affordable and new housing without consultation with local residents and without considering the long-term suitability of the construction.

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In terms of the principle, it was noted that the site had been designated in the Gwynedd Unitary Development Plan for the construction of housing and the site was within the development boundary.It was noted that there were several relevant planning considerations involved with the application. In terms of the visual effect, the site abutted the Ffordd Cynan and Ffordd Crwys estates with lands on elevated levels towards the north-east, including Ysbyty Gwynedd. In general, the development was seen as being in-keeping in terms of other developments in Penrhosgarnedd and it was an acceptable development.

In terms of general and residential amenities, whilst accepting that the A55 was located in close proximity and some background noise would be generated in some specific areas of the development, it was proposed to introduce an acoustic screen to mitigate the effect of noise not only for prospective residents of the houses but also it would improve the situation for the existing residents of other estates. It was noted further that there would be some open land between the houses which were the subject of the proposed development and the existing houses of the estate which abuts Ffordd Crwys.

There was no doubt that traffic issues had been one of the main planning considerations but assurance was given that wide and comprehensive discussions had been undertaken between , the Welsh Government and the Trunk Road Agency and a situation had been reached where there was no objection by the specific aforementioned agencies but permission would be subject to relevant conditions which would be achieved by means of planning, 106 agreements and highways legislation.

It was noted that much work had been achieved in terms of biodiversity considerations, tree and bat assessments etc. and that there were no objections.

Reference was made to discussions regarding the effect of the development on the registered ancient monument, namely, Grug Goetra Uchaf which abuts Ysbyty Gwynedd and there had been initial concern regarding the effect of the development on the setting of the ancient monument but the plan was re- designed and adapted to create more space around the ancient monument and consequently had no objection.

In terms of the development, several improvements would be provided by means of a 106 agreement, namely to provide 86 affordable houses which equated to 35% and it was emphasised that Tai Clwyd was part of this process. The development would provide a mixed range of affordable houses in terms of size and tenure.

It was acknowledged that there would be some impact on local schools and following a discussion with the developer, he agreed to contribute £1,115m to ensure improvements to the local schools to satisfy educational needs. Further discussions had been held with officers of the education department regarding this matter in terms of timing the payments etc. It was agreed that details of the payments would be included in the 106 agreement and this was endorsed by the developer and it was suggested that the details and timing of the contribution would be discussed and agreed between Council officers and the developer.

In terms of traffic and to ensure that the development was acceptable, it was proposed to include improvements to the roundabout near Ysbyty Gwynedd,

4 Planning Committee 29.07.13 improvements to the roundabout near Ysgol y Faenol, along with a financial contribution of £140,000 towards the costs of providing a cycle track.

It was noted that the provision of play areas had been assessed in accordance with policies and it was confirmed that there was much open ground within the site with an existing playing field nearby and, therefore, it was believed that the provision was currently appropriate.

Taking into consideration all the relevant planning considerations, the recommendation of the planning officers was to delegate the right to approve the application subject to signing a 106 agreement for the provision of affordable houses, traffic improvements and an educational contribution.

(b) Taking advantage of the right to speak, the objector, on behalf of the village of Penrhosgarnedd, noted:

 Whilst appreciating the need for new houses, there were objections to the development on the grounds of the number of houses that were proposed to be developed on this site.  Constructing houses on a scale which was more than the local need would have a detrimental effect on the character of the area.  The Gwynedd Unitary Development Plan stated that 802 houses should be constructed by 2015 in Bangor and it was questioned why a third of this number were to be constructed in the Pentir Ward of Penrhosgarnedd.  The land had been sold on a closed market for £10,000 per plot which meant that the developer would make a substantial amount of money as a result of selling the houses. Although not a planning matter, it was felt that this background information was relevant considering the contentious nature of the application.  In point 5.3.5. of the report, it stated “It is accepted that there will be some disturbance to nearby residents during the building period”, however, considering the size and nature of the development, it would have a detrimental effect on the lives of people especially those living in Ffordd Crwys. The Planning Committee was asked to consider relocating these units because of the loss of privacy and loss of light for the existing residents and the potential for surface water flooding.  Reference had also been made to the least possible disturbance for residents whilst construction was underway, which was a complete nonsense as it was known that there would be noise, dust and pollution from the site with additional traffic jams as a consequence of using low- loaders and heavy vehicles for carrying materials and workers would be commuting to the development as the site was being developed.  There was an objection to the farm access near Ffordd Crwys being used as part of the cycle path for the new development. An appeal was made for the access to be restored to its original form which was a stock-proof fence because the farmer had not received permission for it to be used as an access point. This would create unreasonable use and consequently would create a disturbance and loss of privacy for residents of Ffordd Crwys / Ffordd Cynan.  As the developer would be contributing £140,000 towards the improvement of the cycle path, should a percentage of the money be used to improve the existing public footpath which was sufficiently wide to

5 Planning Committee 29.07.13

be used as a cycle path as it was the original access to the farm of Goetra Uchaf?  Also, residents had used the access path since the 1970s to Ysbyty Gwynedd but it could no longer be used as the developer had erected an eight foot high steel fence in this location.  There was an objection to the proposed three-storey units which overlooked the playing field which would be visible.

(c) Taking advantage of the right to speak, the applicant’s agent noted that:

 The application had been submitted since October 2012 and had been the subject of a rigorous and thorough investigation by planners, local residents and there had been consultations, especially in relation to land and highway issues and Redrow had to show that the proposed development was appropriate and safe for Gwynedd Council, the North and Mid Trunk Road Agency and the Transportation Department of the Welsh Government.  This was a collection of more than 12 months’ work by Redrow and the conclusions were that the scheme was safe, appropriate and acceptable.  Whilst fully understanding and respecting the concerns of nearby residents that a massive development could have an impact on the area, it was assured that the negative effects would be addressed.  The site had already been designated for residential development with the merit and suitability of the houses established as part of the allocation in the Gwynedd Unitary Development Plan and there had been an opportunity to object at that time and the development would provide those homes in accordance with the Council’s own investigation.  The proposed development offered a mixture of houses of the highest standard.  Redrow was an experienced developer and was used to dealing with challenging situations with problems such as drainage systems, existing drainage and infrastructure.  Investing in drainage facilities would provide an opportunity to improve the facilities for existing residents rather than the perception that it would deteriorate the existing drainage system.  Redrow was a Welsh company with the main office located in Flintshire and it was felt that residents deserved the level of quality provided by a company within the region rather than by a company from outside Wales.  There would be other benefits for the area in developing the site such as an investment in the local economy, education, improvements to the highways network and sustainable transport, creating employment as well as increasing the demand for existing local businesses and services.  An appeal was made for the Planning Committee to consider this application in view of the enormous opportunities and investment it would bring to the area against the concerns of residents and to bear in mind that the experts had assessed the application and had reached the conclusion that it was appropriate and acceptable.

(ch) The Local Member (not a member of this planning committee) noted that:

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 The application before the committee was one of the largest in Gwynedd and there was a need to take care regarding the best option which would have to be in accordance with valid reasons as there would only be one opportunity for its consideration.  He had concerns regarding traffic and if the only improvement proposed was to the roundabout in Glan Menai, it was questioned why this had not been undertaken years ago considering that he had been given to understand that there were often traffic jams in the area.  He disagreed that changes to one roundabout would make a difference in reducing the traffic, considering that Ffordd Penrhos was popular and busy with those travelling to the schools, Ysbyty Gwynedd, offices and businesses in the area.  Knowing the land, he anticipated problems with the drainage considering that Ffordd Cynan / Crwys had been constructed on marshy ground with houses on Ffordd Crwys suffering from flooding at the rear of the houses and it was not understood how the drainage system would work effectively.  He expressed concern regarding the differences in topography as some of the proposed houses would be so much more elevated and would look down on the existing houses. He further questioned why there was a need for two of the houses to be so close to the boundary with their gable ends being overbearing for the existing houses.  Penrhosgarnedd was a separate village and the importance of emphasising the impact on the Welsh language and specifically on the Pentir Ward should be considered.  There were many issues that needed to be addressed as outlined above before the scheme was sufficiently mature.

The recommendation to approve the application was proposed and seconded.

(g) The following observations were noted contrary to the recommendation:

 The need to consider the precautionary principle in relation to such a major application considering the concerns of the Local Member regarding traffic, the drainage system and the linguistic impact and it was suggested that a decision on the application should be deferred for further discussions on the concerns highlighted above.  Consideration should be given and an assessment should be made of the adequacy of safe playing opportunities for children. Reference was made to a Welsh Government statute which came into force in April 2013 which encouraged developers to ensure playing opportunities and it was not understood why this was not an integral part of this application. Reference was made specifically to policy CH 43 which noted that new housing developments of 10 or more dwellings in areas where the existing open spaces provision did not meet the needs of the development must provide suitable open spaces of recreational value as an integral part of the development.  The local demand had not been proved.

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 The development meant an increase of 5% in the number of houses and in the population in Bangor and it was felt that it would be incomers who would move into the development with natives of the area who wished to have affordable homes having to live at the rear of the site.  It was questioned whether the Ffordd Crwys access was suitable.  There was a concern regarding overlooking from the three-storey houses.

(dd) The following observations were noted in favour of the recommendation:

 The site was within the development boundary and proposed 86 affordable homes scattered within the site.  Considering that the principle of constructing houses on the site had been established, if the applicant lodged an appeal, it would be an additional cost for the Council.  Experts from three bodies, namely Gwynedd Council, the Trunk Road Agency and the Welsh Government had thoroughly discussed the application for up to a year and had come to a compromise and there was no point in deferring a decision on the application.  Matters regarding traffic and a linguistic assessment should have been discussed when discussing the content of the site for development in the Gwynedd Unitary Development Plan.  The report before the Committee was thorough and it would be required to highlight robust, specific reasons for deferring a decision on the application.

(e) The Senior Planning Service Officer and the Senior Transport Development Control Officer elaborated on the concerns outlined in (d) above as follows:

(i) Transport matters was one of the main planning considerations and many discussions had been undertaken between the relevant agencies and the developer had submitted comprehensive details in order to assess the effect of the development in terms of vehicle movements etc. Following the discussions, no objections had been received on the grounds of transport issues subject to a number of relevant conditions and a 106 agreement which would allow improvements to the roads network. (ii) Furthermore, a thorough process had been implemented and by means of this process, potential problems with the application had been addressed when there had been further discussions on how they would be overcome and which improvements would be implemented. It was concluded that there would be no additional impact on the county roads or trunk roads as a result of the development. The roundabout near Ysbyty Gwynedd would not be improved but rather the queuing capacity up to the roundabout would be increased, namely, the road would be widened so that there would be two lanes approaching the roundabout.Similar improvements would be undertaken on the Parc Menai roundabout and the roundabout near the JLS Garage. This would mean reducing the width of one lane from 4 metres to 3 metres and adding another lane to it which would halve the length of the queue of traffic in order to improve the situation around the whole of this area. It would be possible for the residents of the new proposed estate to use Holyhead Road or to go down towards Bangor.

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Therefore, it was not believed that the development would create a significant increase in traffic. (iii) In terms of the concern highlighted regarding land drainage, it was understood that the proposal was to provide a sustainable surface water drainage system (SUDS). It was suggested that a decision on the application could be deferred in order to receive further information explaining in detail how the system would work and the wider impact in terms of the development. (iv) In terms of overlooking from the three-storey flats, these units would be located near the playing field and there was some space between the three-storey houses and the existing houses and, therefore, it was believed that the lay-out was acceptable. Reference was made to the indicative figure in the Gwynedd Unitary Development Plan of 270 houses on this site and the numbers in the planning application before the Committee had been reduced to 245. It was emphasised that the scheme included a variety of houses in terms of design and size to satisfy demand. (v) The Planning Department had not completely ignored playing opportunities for children and reference was made to the section of the report which dealt with this. The application had been assessed in the context of relevant policies, along with the supplementary planning guidance adopted by the Council which referred to the provision of open spaces. It was noted further that there were green areas within the area and it could not be justified to insist on an off-site play provision. (vi) In terms of affordable housing, it was assured that these would be terraced houses, semi-detached houses along with flats and they would be scattered within the site and would satisfy the need within the Bangor catchment area.

(f) The Head of the Regulatory Department and the Legal Manager endorsed the view that care had to be taken if it was recommended to defer making a decision on the application and the committee had to be specific and clear about the reasons for doing so. Whilst accepting that additional technical information could be received regarding the drainage system, it would be difficult to justify asking for further information regarding transportation as detailed information had already been received. Details had also been received regarding the linguistic assessment but it would be possible to receive a further explanation regarding the impact on the Pentir Ward but it was emphasised that consideration had been given to such issues when adopting the Gwynedd Unitary Development Plan. It was noted that the report before the Committee was comprehensive and had been the subject of a lengthy discussion between officers and the developer. It was emphasised that there was no justification in refusing the application but if the Committee desired, further information could be requested but it had to be clear about the type of information that it wished to receive.

In accordance with Procedural Rule 22 (6), the following vote was registered on an amendment to the proposal, namely, to defer making a decision on the application in accordance with the precautionary principle until additional information was received regarding the concerns about the effect of the development on traffic flow in the area, technical information regarding the land drainage system in accordance with the Local Member’s concerns, a linguistic

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impact assessment specifically for the Pentir Ward, along with a provision of safe areas for children to play, considering that the development was equal in size to a small village.

In favour of the amendment (8)

Councillors Louise Hughes, Dafydd Meurig, Christopher O’Neal, W. Tudor Owen, Gruffydd Williams, Hefin Williams, Owain Williams and Eurig Wyn.

Against the amendment (4)

Councillors Gwen Griffith, Anne Lloyd Jones, Dilwyn Lloyd, Michael Sol Owen.

Resolved: To defer making a decision on the application until additional information is received to address the concerns highlighted regarding: Traffic flow; technical information regarding the land drainage system in accordance with the concern of the Local Member; a linguistic impact assessment specifically for the Pentir Ward, along with information regarding safe areas for children to play, considering that the development is equal in size to a small village.

3. Application No. C12/1161/25/LL – Land near Ffordd Penrhos, Penrhosgarnedd, Bangor.

Construction of a new access, roundabout and access road to facilitate a new housing development.

Resolved: To defer considering this application in view of the fact that the Planning Committee has deferred making a decision on the previous application (namely, application No. C12/1347/25/LL).

4. Application no. C12/1372/42/LL – Allotments, High St., Nefyn

Construction of 10 two-storey houses with three being affordable houses and retention of allotments to the rear.

(a) The Acting Development Control Manager elaborated on the background to the application for the construction of 10 two-storey houses in the form of a terrace (six houses on one side of the development and four houses on the other side) with three of them being affordable houses for local need. The houses would be two-storey with three bedrooms and they would be rendered with slate roofs and they would have quite a traditional appearance for the area. There would be a central parking area for 20 cars.

It was noted that the site was within the development boundary of Nefyn and the majority of the site had been earmarked as a protected play area in the Gwynedd Unitary Development Plan and the site had been used as allotments but had no longer been used for that purpose for some years and the site was overgrown.

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As part of the application, it was proposed to re-establish 16 of the allotments at the rear of the site in order to continue to satisfy the needs and to safeguard the play area.

Attention was drawn to the fact that Nefyn Town Council had stated that it had fought with the landowner to retain the allotments. Neither Welsh Water, the Transportation Unit nor the Gwynedd Archaeological Service had any objections to the development.

From the information submitted, it was noted that the Nefyn Allotments Association stated that there was a demand for allotments in the area and they were satisfied with 12 allotments but now the figure had increased to 16, subject to further discussions and assurance of water being installed on the site.

Although there was local concern regarding parking on the highway, it was considered that the scheme satisfied the requirement for parking spaces for such a development and that the application was acceptable and, therefore, it was recommended that it be approved subject to relevant conditions and it was not contrary to policies.

(b) The local member (who was a member of this planning committee as a substitute), noted:

 The land, which was on the outskirts of Nefyn, had been used as allotments for a period of 110 years from 1898 until 2008, when the land had to be surrendered to the landowner.  The area had been earmarked as a play area to be protected in accordance with policy CH42, which stated that proposals that would lead to the loss of open spaces of recreational value should be refused unless the local authority was satisfied that the local did not need the facilities.  Gerddi Pawb had considered three alternative sites but two were unsuitable and the third site had been earmarked in the Unitary Development Plan for the construction of houses.  He had been given to understand that Gerddi Pawb had agreed to continue the allotment provision on part of the site which was the subject of the application on condition that they were offered a 25 year lease and water provision on the site.  There was concern that no reference had been made in the report to safe opportunities for children to play in accordance with Welsh Government legislation which made it compulsory for developers to emphasise the need for a provision of safe play areas in any development.

The recommendation to approve the application was proposed and seconded.

(b) The following observations were noted in favour of the recommendation:

 Whilst accepting the need for safe areas for children to play, it was noted that Nefyn was not scarce of play areas for children and the need for affordable houses should be considered against the need for open spaces.

11 Planning Committee 29.07.13

Resolved: To delegate powers to the Planning Manager to approve the application subject to signing a 106 agreement to bind three of the units for general local need affordable housing and subject to the following conditions:-

1. Commence within five years 2. Slates on the roofs 3. To agree on external finish 4. Grey solar panel frames 5. Compliance with the requirements of Level 3 of the Code for Sustainable Homes – interim certificate 6. Compliance with the requirements of Level 3 of the Code for Sustainable Homes – final certificate 7. Removal of permitted development rights for the three affordable units 8. To construct the access no wider than 8 metres and it should be set back 8 metres. 9. To provide a footway to run from one side to the other from the lines of the visibility splays. 10. A non-gated entrance at all times. 11. To provide a turning area within the site prior to commencing the use. 12. Completion of parking spaces prior to commencement of its use,

5. Application No. C13/0398/45/LL – Former Magistrates’ Court, Troed yr Allt,

Construction of six houses with associated parking.

(a) The Acting Development Control Manager elaborated on the background of the application and drew attention to the fact that the site was within the development boundary of the town of Pwllheli and within a residential area.

It would be possible to provide parking spaces within the existing site. Also, the current vehicular access would be used, along with the re-opened pedestrian access, from the site to the nearby roads network.

It was added that the form of the development reflected nearby housing developments and it was noted that planning officers did not consider that overlooking was a cause for concern. In addition, they did not consider that the development would have a substantial detrimental effect on the conservation area.

It was confirmed that the parking spaces, the access and the pedestrian access were all acceptable by the Transportation Unit.

It was noted further that the Affordable Housing Officer had stated that having one unit was acceptable with a discount of 25%.

(b) The local member (who was a member of this planning committee), noted that the largest house of the six would be used as an affordable house and the Affordable Housing Officer was satisfied with the proposal. Therefore the member was supportive of the application.

12 Planning Committee 29.07.13

(c) In response to an enquiry, it was noted that the usual procedure with a development of more than five houses was to ask for a percentage of 30% of them to be affordable. However, because this site was in the town centre, with the existing site and the redevelopment costs a consideration, the planning officers, following consultation with the Housing Strategic Unit, considered that having one house of the six houses as affordable was acceptable.

Resolved: To delegate powers to the Senior Planning Manager to approve the application subject to signing a 106 agreement to bind one of the units as an affordable home and subject to the following conditions:-

1. Commence within five years. 2. Slates on the roofs. 3. Agree on external finish. 4. Timber-framed windows and doors. 5. Grey, low profile solar panel frames. 6. Opaque glass windows in the first and second floor gable-end windows in the north-eastern elevation. 7. Compliance with the requirements of Level 3 of the Code for Sustainable Homes – interim certificate. 8. Compliance with the requirements of Level 3 of the Code for Sustainable Homes – final certificate. 9. Removal of permitted development rights for the affordable unit. 10. Separate disposal of surface and foul water from the site. 11. No surface water to be discharged into the public sewer. 12. Land drainage run-off not to discharge into the public sewer. 13. Road conditions if required.

6. Application No. C13/0459/15/CC – The Heights Hotel, 74 High Street, Llanberis.

Work to trees protected under a Tree Preservation Order.

(a) The Acting Development Control Manager elaborated on the background of the application and she noted that the works had been assessed by a tree specialist with an input from the Council’s Trees Officer. Reference was made for the need to maintain the health of the trees and the planning officers considered that the application was acceptable and it would not have a detrimental effect on the visual and residential amenities of the area. (b) It was confirmed that no observations had been received from the local member.

Resolved: To approve the application in accordance with the following conditions:

1. Commence the work within two years 2. Safeguard public roads during the period of the work.

7. Application Number C13/0532/43/LL – Gwynus Caravan Park and Golf Course, , Pwllheli

Upgrade existing static caravans for holiday lodges and relocate to field 471, move touring units from that field to static caravan field 472, together with the

13 Planning Committee 29.07.13 demolition of pigsties and construct a new reception in its place with counter to sell small goods.

(a) The Acting Development Control Manager elaborated on the background to the application and she noted that there would be no reduction in the number of touring caravans as originally assumed.

(b) It was explained that there was permission for 17 touring caravans on field 471. It was noted originally that the proposal would mean a reduction of seven in this number. However, it became clear that there would be no reduction in the numbers and no information had been received regarding the proposed location of the seven caravans. It was noted that information was required regarding the location of these although the site would not be extended.

It was added that the application satisfied the relevant criteria of Policy D17. It was noted that the holiday lodges would be more in-keeping with the site than the existing static caravans and specific reference was made to the high standard of the substantial landscaping work which had already been undertaken on the site. Also, it was considered that the change would create a better layout with a division between the static units and the touring units.

(c) Although the pigsties were not listed themselves, they were being protected because they were located in the curtilage of the house which was a listed building. Because of its fabric and design, planning officers were satisfied that the new building would not have a detrimental effect on the listed building. To strengthen this, a further condition would be imposed to ensure that two sides of the building would be faced with stones which would be reclaimed from the pigsties.

A bat survey had been received on 24 July 2013 in relation to the part of the application dealing with the demolition of the pigsties and the Biodiversity Unit had been consulted.

(ch) As a consequence of the recent developments, planning officers recommended that the Senior Planning Service Manager should be authorised to approve the application subject to receipt of a favourable response to the bat survey and to agree on the location of the seven touring caravans which would be relocated within the site. In addition, appropriate conditions were listed.

(d) The local member (who was not a member of this committee), noted that:  Caravans had been on the site since the 1940s and the site had been constantly improved;  Small businesses of this type should be supported;  The pigsties were in a very poor state of repair  No condition should be included to prevent boat storage on the site;

In terms of a condition recommended regarding constructing passing places on the track leading up to the site, the local member noted that he had been given to understand that the Council had adopted the road in 2002.

In response, it was noted that a different planning application would have to be submitted in relation to the possibility of boat storage on the site.

14 Planning Committee 29.07.13

It was noted that there was a condition which had been imposed on a previous permission regarding the construction of two passing places which would be to an adopted standard but this work had not been undertaken.

Resolved: To delegate the right to approve the application to the Senior Planning Service Manager subject to receipt of a favourable response to the bat survey and to agree on the location of the seven touring caravans which would be relocated within the site.

Conditions:

1. Five years 2. Total of 10 static units only for field 471 3. Total of 55 touring units only within the site 4. Static caravan holiday season 5. Touring caravan holiday season 6. Holiday use only – static and touring caravans 7. Maintain a register of users 8. Agree on the colour of the new static units and those that will be exchanged in future 9. The passing places on the track leading up to the site to be constructed to the adopted standard before the relocated static caravans are occupied 10. Pigsties to be recorded by photographic record and a copy to be deposited with the Local Planning Authority and the Royal Commission on the Ancient and Historic Monuments of Wales prior to demolition 11. Manage the period of demolishing the pigsties / period of construction of the new reception building 12. Welsh slate on the roof of the new reception building 13. New timber-framed windows and doors on the new reception building. 14. The rainwater goods of the new reception building to be made of aluminium 15. Western and southern elevations of the new reception building to be finished in stone to be reclaimed from the existing pigsties 16. To restrict the use of the new reception building exclusively for uses associated with the caravan site 17. Landscaping 18. No storing boats on the land 19. Maximum of 40 touring caravans to be stored over the winter months in the northern section of field 472 20.The touring caravans that are in storage must be kept within 1 metre of each other.

8. Application Number C13/0533/43/CR – Gwynus Caravan Park and Golf Course, Pistyll, Pwllheli

Demolish existing pigsties and construct a new building for use as a reception.

(a) The Acting Development Control Manager elaborated on the background of the application and she noted that this was a listed building application in relation to demolishing pigsties and construction of a new building. Therefore, it was not directly involved with caravans.

15 Planning Committee 29.07.13

Although the pigsties were not listed themselves, but they were being protected because they were located in the curtilage of the house which was a listed building. It was proposed to impose a condition to ensure that the two visible sides were faced with stone.

The planning officers were not of the opinion that the proposal would have a detrimental effect on the listed building but it would be required to send the application to CADW for its approval.

The planning officers recommended imposing a condition to ensure that the demolition work would be undertaken at the same time as the work of constructing the new building. This would ensure that the pigsties were not demolished and the site left dormant.

Resolved: To approve the application, subject to receiving the approval of CADW for the application.

Conditions:

1. Five years 2. In accordance with the plans 3. Pigsties to be recorded in photographs and a copy to be deposited with the Local Planning Authority and the Royal Commission on the Ancient and Historic Monuments of Wales prior to demolition 4. Welsh Slate 5. New timber-framed windows and doors 6. Aluminium rainwater goods 7. Western and southern elevations to be finished in stone to be reclaimed from the existing pigsties 8. The work of demolishing the building to be undertaken alongside the construction of the new building

9. Application No. C13/0547/42/LL – Botacho Wyn, , Pwllheli.

Conversion of agricultural building into an agricultural dwelling.

It was confirmed that this application had been withdrawn.

The meeting commenced at 1.00pm and concluded at 3.15pm.

16 PWYLLGOR CYNLLUNIO DYDDIAD: 02/09/2013 SIAMBR DAFYDD ORWIG PLANNING COMMITTEE DATE: CHAMBER CAERNARFON

EITEM CAIS RHIF CYMUNED LLEOLIAD ITEM APPLICATION COMMUNITY LOCATION NUMBER

1 C12/1347/25/LL Pentir Tir yn / land at Ffordd Penrhos, Penrhosgarnedd, Bangor 2 C12/1161/25/LL Pentir Tir yn / land at Ffordd Penrhos, Penrhosgarnedd, Bangor 3 C12/1451/15/LL Llanberis Safle - Glyn Rhonwy - Site, Llanberis 4 C13/0145/18/LL Capel Dinorwig, Dinoriwg 5 C13/0487/35/LL Siop Newydd, 50 Stryd Fawr, Criccieth 6 C13/0582/22/LL Waterloo Shop, 16, Heol y Dwr, Penygroes 7 C13/0647/22/AM Llanllyfni Tir ger / land adj Lôn Pitar, Penygroes 8 C13/0694/34/LL Clynnog Tir ger / land adj Y Dderwen, Pontllyfni 9 C13/0699/14/LL Caernarfon Seiont II Maritime Museum, Doc Fictoria, Cei Banc, Caernarfon Number: 1 Application Number: C12/1347/25/LL Date Registered: 26/10/2012 Application Type: Full - Planning Community: Pentir Ward: Pentir

Proposal: CONSTRUCTION OF 245 LIVING UNITS COMPRISING OF DETACHED, SEMI-DETACHED AND APARTMENTS (TO INCLUDE 86 AFFORDABLE UNITS) WITH ASSOCIATED PARKING AND GARDEN AMENITIES, ASSOCIATED WORKS, ERECTION OF PUMPING STATION AND DEMOLITION OF SINGLE STOREY OUTBUILDING Location: LAND NR. – PENRHOS ROAD, BANGOR, GWYNEDD

Summary of the TO DELEGATE THE RIGHT TO APPROVE SUBJECT TO SIGNING Recommendation: A 106 AGREEMETN INVOLVING AFFORDABLE HOUSING AND FINANCIAL CONTRIBUTIONS TOWARDS LOCAL EDUCATION, PROVISION OF ADDITIONAL PLAY EQUIPMENT AND IMPROVEMENTS TO THE ROADS NETWORK. 1. Description:

1.1 Following a discussion on the application at the meeting of 29 July this year, it was decided to defer a decision in order to receive information / further confirmation by the developer and the authority’s Transportation Unit in relation to the following matters:

 Confirmation of the drainage arrangements for the site  Confirmation regarding highways issues  Play resources contribution / provision  Amend the linguistic statement

1.2 Further information was requested from the developer and confirmation and clarity was sought regarding matters involving the local road network from the authority’s Transportation Unit.

1.3 Therefore, this report includes additional information to that which was submitted and referred to previously but the application was not amended in terms of what is proposed regarding matters of design, layout and form, numbers etc. This additional information is referred to later in this report under the relevant headings.

1.4 Full application for planning consent to erect 245 new dwelling units including detached houses, semi detached houses, terraced houses and flats with associated parking and gardens as well as associated works including building an estate road, providing services, landscaping, creation of foot / bike path etc

1.5 The site is located within the development boundaries of the city of Bangor that is designated as a sub-regional centre in the Gwynedd Unitary Development Plan (July 2009) with the land specifically designated for residential development. The site which measures 10.55 hectares has historically been used as agricultural grazing.

1.6 The site is in the Penrhosgarnedd area of the city, and within the Pentir Community Council area boundaries. It is in a comparatively prominent position when viewed from the nearby A55 and across the valley but is mostly hidden when viewed from Ffordd Penrhos.

1.7 Ffordd Penrhos is located to the north and north-west of the site with the existing residential estates of Ffordd Crwys and Ffordd Cynan located between the site and the road. These houses, as well as houses on Ffordd Penrhos, vary in appearance, size, finishes and design which means that there is no definite or uniform building form in the local area. The extensive site of Ysbyty Gwynedd is contiguous with the site’s north- easterly boundary and the aforementioned A55 runs to the south of the site.

1.8 Historically, this site has been used for agriculture and even though the land itself is still grazed by stock, the buildings and farmhouse of Goetre Uchaf have, by now, been demolished. The registered ancient monument of Goetre Uchaf Barrow is on part of the land to the east of the site. it appears as a mound in the centre of the land and is in very good condition.

1.9 The plans presented with the application show the proposed development and it can be seen from these details that the scale of the units vary in terms of their form but mainly keep the usual height of two stories with some units containing roof voids and that flats are to be included in three storey buildings. The finishes shown are a mixture of bricks, render and timber cladding with slate roofs or similar (it is usually agreed that finishes can be mitigated by conditions). The site boundary treatment shown is varied, with a mixture of brick walls and timber fences. The final finishes to the estate road, parking spaces and boundary treatments will be agreed and also by formal conditions.

1.10 The proposal has been screened in terms of requiring an Environmental Impact Assessment because of the size of the proposed development and it was concluded that an Assessment was not required as the proposal would not cause significant harm to recognised important features.

1.11 In brief, the proposal will include the following works:

 clearing the site, including demolition of outbuilding and felling trees/hedges  installing infrastructure and services  form a new vehicular access (this specific element is considered in a separate application running concurrent with this application)  construct an estate road, parking spaces and gardens  constructing of the living units  landscaping  create open public spaces  maintain and define existing footpaths and rights of way  create a new cycling link  create a sustainable urban drainage network  build a pumping station  protect and improve a site which contains a Registered Ancient Monument

1.12 A variety o dwelling units are shown in terms of size and type on the site, including 86 affordable units, namely:  80 four bedroom houses  119 three bedroom houses  22 two bedroom houses  4 one bedroom flats  20 two bedroom flats

1.13 To conform to current legislative requirements, the following information was submitted in the form of formal documents.

 Design and Access Statement- as required under current legislation, the application is supported with a Design and Access Statement. The applicant has noted in the statement how consideration was given to the context, access, design, character, environmental sustainability and site analysis. The statement is acceptable and is a relevant consideration in determining the application, and it has received due emphasis and attention.

 Transportation Impact Assessment – this report has been provided to explain the impact of the proposed development on the highway network in the nearby area, the accessibility of the site and other relevant matters in the context of transportation.

 Linguistic Impact Assessment and Community Action - The report presented contains specific information about the area and its’ population concerning the impact of the development on relevant matters, the contents conveys the feedback received to the consultations the company made before presenting the planning application. As well as this statement, a Community and Linguistic Assessment has been presented, an assessment of its content can be seen later in this report.

 Affordable Housing Statement – this report explained and confirms the number and the type of affordable housing available on the site.

 Archaeological Assessment – An archaeological review has been presented containing information about relevant matters concerning the site, this was as a result of detailed investigations made on site because of the presence of a registered ancient monument and the likelihood that additional remains would exist.

 Bat / Reptile / Habitat Survey – These reports have been presented as is required because of the presence of protected species on the site. They explain how the surveys were conducted, what was found and what should be done to protect them.

 Tree Statement – A basic assessment of the trees on site was presented, noting their type and size.

 Initial Assessment Sustainability Code Level 3 – This assessment is presented to show how the sustainable homes requirements and standards can be reached on the site. It can be ensured that a satisfactory level can be attained by imposing a relevant condition.  Noise Assessment – This report is presented to assess the noise impact on the site of the proposed development from the traffic on the A55, especially on the southern boundary of the site. The impact of noise from Ysbyty Gwynedd car parks is also assessed.

 Screening Opinion – a application has been presented to screen the proposed development in accordance with the requirements of Town and Country Act (Environmental Impact Assessment) (England and Wales) 1999 (as amended), it was found that the development does not reach the threshold where a full Environmental Impact Assessment has to be presented.

1.14 Please note that it is only matters concerning the full application for the residential that are considered here. Members are reminded that full consideration will be given to the matters concerning the building of the roundabout and access to the site in the application which is presented jointly with this application.

1.15 The application presented originally has been amended by relocating and amending the housing layout and associated services around the area of the registered ancient monument on the eastern part of the site, this has not affected the number of houses included.

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:

Design Standards – Strategic Policy 4

Developments will be expected to be of a good design in order to ensure that it makes a positive contribution, wherever possible, to the landscape, built environment and sustainable development.

Homes - Strategic Policy 10

The need for housing in the Plan area during the plan period will be met through:

 making provision for a total of 4178 housing units, which will include provision of 1870 housing units on allocated sites; 1380 housing units on small and windfall sites, and residential conversion of existing buildings; and 991 on sites with planning permission;  making provision for meeting local need for affordable housing;  distributing the housing units across the Plan area in accordance with the Plan’s settlement strategy.

Accessibility – Strategic Policy 11

Development proposals which are accessible to all through a variety of transport modes by virtue of their location, will be permitted providing the appropriate infrastructure, including highways, cycle routes and facilities and footways, is in place, or is to be provided; and provided they do not significantly harm the environment or the amenities of nearby residents.

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

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

Policy 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 that will affect other archaeological remains unless the need for the development overrides the significance of the archaeological remains.

Policy B20 – Species and their habitats that are internationally and nationally important - Refuse proposals which are likely to cause disturbance or unacceptable damage to protected species and their habitats unless they conform to a series of criteria aimed at safeguarding the recognised features of such sites.

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

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

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

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

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

Policy C7 – Building in a sustainable manner - Proposals for new development or for the adaptation or change of use of land or buildings which have not demonstrated that consideration has been given to specific environmental matters, will be refused. Proposals must conform to specific criteria relating to building in a sustainable manner, unless it can be demonstrated that it is impractical to do so.

Policy CH1 – New housing on designated sites - Proposals to build houses on sites allocated for housing use will be approved provided that criteria relating to specific features of the development can be met. Policy CH6 – Affordable housing on designated sites - Approve proposals for housing developments on sites allocated for housing or on random sites for five units or more within the development boundaries of the sub-regional centre and the urban centres, which provide the appropriate element of affordable housing.

POLICY CH29 – Protect and improve links for pedestrians - Proposals within Centres and Villages will be refused unless they provide safe, attractive and direct footpaths for pedestrians across and out of the site where there is an obvious opportunity for such a provision to be made.

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 CH31 – Providing for cyclists – Development proposals which do not provide specific facilities for cycling where there are obvious opportunities for doing so will be refused.

Policy CH33 – Safety on roads and streets - Development proposals will be approved if they comply with specific criteria involving the vehicular access, the standard of the existing roads network and traffic calming measures.

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

Policy CH37 – Educational facilities - Development proposals for new facilities associated with education, health and the community or extensions to existing facilities will be approved provided that they conform to a series of criteria regarding the location of the proposal, its accessibility using different modes of travel, together with highway issues, the design of any new school and the effect on a specific town centre.

Policy CH43 – Provision of open spaces of recreational value - Expect that new housing developments of 10 or more dwellings - in areas where the existing open spaces provision does not meet the needs of the development - to provide suitable open spaces of recreational value as an integral part of the development.

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

SPG - Development Briefs

SPG - Affordable Housing

SPG - Housing Developments and Educational Provision SPG - Housing Developments and Open Spaces of Recreational Value

SPG – Planning obligations

SPG - Planning and the Welsh Language SPG - Planning for sustainable building

2.3 Gwynedd Design Guidance

2.4 National Policies:

Planning Policy Wales - Edition 5, 2012

The Welsh Office Circular 60/96 Planning and the Historic Environment (Archaeology)

Chapter 3 – determining planning decisions and enforcing them Chapter 4 – planning for sustainability Chapter 5 - protecting and improving the natural heritage and coastline Chapter 6 - protecting the historic environment Chapter 8 - transport Chapter 9 - housing

Technical Advice Note (TAN)

TAN 2: Planning and Affordable Housing TAN 5: Planning and Nature Conservation TAN 12: Design TAN 15: Development and Flood Risk TAN 18: Transport TAN 22: Planning for Sustainable Buildings

3. Relevant Planning History:

3.1 Application C04A/0226/25/LL – renovate former Goetre Uchaf farmhouse and adapt outbuilding as extension to form one house – permitted 05.05.04

4. Consultations:

Bangor City Council: Observations are submitted on the applications even though the site is within the boundaries of Pentir Community Council. It is suggested that the traffic flow figures from the development are included in Gwynedd Council’s existing traffic model to assess whether the local road network would have to be upgraded by forming a connecting road between Ffordd Caernarfon and Ysbyty Gwynedd The original objection was confirmed after the second consultation expressing the same concerns.

Pentir Community Council No comments have been received specifically on this application although comments were presented on the parallel application for a roundabout, namely that the building work should not start until a decision has been taken whether there should be an additional and adequate road entrance to the new estate. It is not acceptable for site traffic to gain entrance through Ffordd Crwys / Cynan. The local Assembly Member will discuss the local traffic problem with Assembly ministers and officers. Transportation Unit: This element has been the subject of much discussion following comments and concerns received from other agencies originally. The proposal is no longer objected to following an agreement for improvements which are to be made to the local road network following financial contributions from the developer. The development will be managed through a series of formal conditions concerning agreement on a programme of work to maintain the improvements as agreed. Further comments concerning this matter can be seen in section 5 of the report.

Rights of Way Unit: It is likely that the existing track between Ffordd Crwys and the registered public footpath is, by now, a pubic footpath (by use). If the path were to be registered as a public right of way, it is expected that the rights would extend over the whole of the width of the track (i.e. from one boundary fence to the other). It is not considered that the proposal for a 3 metre path from the developer is unreasonable

Environment Agency: (these It is suggested that a formal condition be included concerning the observations were received need to present and agree a written plan to manage surface water, prior to the creation of the new standard advice is given on matters such as managing the existing body of Natural Resources watercourse and prevent it flooding, additional ecological studies, Wales) managing waste and the need to contact the body formally to register and receive a license to work on the site.

Welsh Water: The application was objected to originally because of concerns about the local public system Following further discussions between the developer and the company and an assessment of these services, the objection is withdrawn and it is suggested including standard conditions and advice concerning connection arrangements, drainage and sewage disposal from the site.

Betsi Cadwaladr University The likely impact on the hospital due to increased traffic on Ffordd Health Board: Penrhos is a concern. There is no agreement to form a footpath / cycle path link from the site to hospital grounds. The original objection was confirmed after the second consultation expressing the same concerns.

Conservation Officer: No specific comment but suggests contacting the archaeological service to discuss the monument.

Strategic Housing Policy Unit: The developer has agreed to work with a housing association on the affordable housing element. The discussions between the Council, Cymdeithas Tai Clwyd and the Strategic Housing Unit are welcomed and it can be seen that what is proposed gives a mixture of options in order to address the need for affordable housing The Tai Teg register notes that 108 individuals wish to purchase a house in the area with 58 individuals looking for a two bedroom home and 48 looking for a three bedroom home. The various methods of providing housing will assist people who want to buy or rent according to their means. The flats that will be socially rented will help to address the need for smaller units in the hope that this will help people to move as a result of changes in welfare benefits. There is a range of provision which will address various housing needs in Bangor and what is being offered is acceptable. .

Public Protection Unit: Not received

CADW: The application was objected to in its original form, after amendment, it is no longer objected to, see further comments on this matter in section 5 of the report.

Countryside Council for Wales: Natural Resources Wales is satisfied that the additional information (these observations were submitted to support the application shows that the proposed received prior to the creation of development will not have a harmful effect on matters that were the new body of Natural highlighted originally. It must be ensured that the advice given about Resources Wales) bats is followed and included in any planning consent for developing this site, see further comments on this matter in section 5 of this report.

Gwynedd Archaeological Observations were submitted originally suggesting deferring a Planning Service: decision until further surveys had been conducted and further consideration given to the setting of the monument. Further discussions and surveys have been conducted following these initial concerns, see further comments on this matter in section 5 of the report.

Trees Officer: Meeting held on site between the authority’s tree officer and the developer’s tree expert, the way forward agreed and this to be confirmed by submitting further details. When these details are received, and if they are acceptable, it is felt that an appropriate condition can be included so as to safeguard trees on the site, see further comments on this matter in section 5 of the report.

Biodiversity Unit: Further information has been received after the initial submission. It was found that what had been included and suggested in the report was acceptable to the Council’s Biodiversity Unit and these matters should be managed be by including formal conditions for the various elements described in the report, see further remarks concerning this matter.

The Welsh Government’s On the basis of additional information received after extensive Transportation Unit discussions concerning this matter, the Welsh Government, as the highway authority with responsibility for the A55 and A487 trunk roads, states that any permission given by the local planning authority should include specific conditions / instructions, see further comments concerning the matter in section 5 of the report Education Department, Discussions have been held with the Education Department, Gwynedd Council: examining the options to address capacity issues by using funding that is offered by the 106 agreement.

Public Consultation: Notices were displayed on and near the site. In addition, a notice was published in the local press. This was made for the two consultation periods (a second notice was not published in the press when reconsulting) which began on 31.10.12 and 20.06.13 respectively. Local residents were informed on the two occasions and local residents and others who responded to the original consultation were reconsulted.

A substantial number of letters / correspondence were received, as well as a petition, objecting during the original consultation, a small number were received following the second consultation, objections were made based on the following matters:  Drainage / sewage / surface water / water supply problems  Overdevelopment / non compliance with policies  Harmful effect on the local road network / substantial traffic problems already exists  Harmful effect on local schools / existing lack of capacity in local primary schools  Harmful effect on residential amenity / loss of privacy / loss of light / increase in noise  Excessive density  Effect on the area’s general amenities  Effect on Ysbyty Gwynedd movements and activities  Surface water flooding  Concern about the effect of social housing on the area  Effect on species / natural habitats  So many houses unwanted because of existing housing availability  Increasing use of Ffordd Crwys / Cynan by pedestrians and vehicles using them as an access  Needs better screening and more distance between the existing and proposed houses  Lack of appropriate crossing places on Ffordd Penrhos  Location of the roundabout unacceptable  Harmful effect on pedestrians on Ffordd Penrhos  Safety  Increase in carbon emissions  Lack of demand for housing  Harmful effects on the Welsh language  Proposed housing too high to the back of existing housing  Too many affordable housing  Likely increase in anti social behaviour  Layout of the site  Public sewage system defective  Need to use slate on roofs rather than similar material  Lack of mix in the sort of affordable housing offered

In addition to the above objections, other objections were received that were not valid planning objections which included:

 Loss of views  Sale of site  Lack of broadband system  Effects on private drainage systems  Trespass  Unfair house prices  Inappropriate site name  English names / description to the houses  Immigration  Hospital requires second entrance

Comments were received supporting the principle of residential development on the site with one specific letter supporting on the basis of:  Houses of quality  Good entrance  Convenient site  Reduces the need for more than one car in a family because of the accessible location of the site

5. Assessment of the material planning considerations:

5.1 Principle of the development

5.1.2 This site is situated within the development boundaries of the city of Bangor with the land designated specifically in the Gwynedd Unitary Development Plan (2009) for housing. The principle of residential development on the site is therefore acceptable. »

5.1.3 The proposed development represents 30% of housing developments that have been designated for the Bangor Dependency Catchment Area as outlined in the UDP (which is a total of 802 of new housing). The development, if approved, would represent a large increase in housing compared to what has been developed recently in the Bangor area. 5.1.4 The site represents a substantial portion of the housing required during the UDP period. This adds to and reinforces Bangor’s role and status as a sub regional centre as designated in the Unitary Plan.

5.1.5 Paragraph 5.1.23 of the Unitary Plan states: Locating most of these units in the Sub-regional Centre ... so far as possible, taking account of existing physical and environmental restrictions, is beneficial from a social and environment perspective .... they can cope effectively with more developments.

5.1.6 This is consistent with policies C1 and CH1 which support applications within development boundaries and residential developments on sites designated for new housing.

5.1.7 Relevant reports and assessments have been presented to support this application, it is considered, therefore, that the application conforms with the requirements of policies A1 and A3.

5.1.8 On the basis of the above, it is believed that the proposal complies with the policies noted and is acceptable in principle.

5.2 Visual amenities

5.2.1 It is inevitable that a development on this scale will have some effect on the area's visual amenities and that because of its scale, specifically on the existing housing adjacent to the proposed development’s north western boundary and on views from the A55 and beyond to the south.

5.2.2 There is a mixture of development forms in the area in general. Obviously, one and two storey dwelling houses are seen in the existing Ffordd Cynan and Ffordd Crwys streets but the extensive nearby Ysbyty Gwynedd site contains buildings of substantial size which are visible on the horizon when viewed from the A55. It is appropriate also to refer to a development approved recently, and which has been partly started, namely a development to erect 42 extra care units on land approximately 160 metres to the north of the site, this development site has substantial 3 storey buildings.

5.2.3 The existing housing on Ffordd Crwys / Cynan enjoy views over existing open land. Unfortunately, matters such as loss of views are not considered to be material planning considerations and so, notwithstanding the likely change, this matter cannot be considered in depth as it is not a relevant planning consideration.

5.2.4 It is considered therefore that there is variety to the scale and the built form in the area generally and that this development, if approved, even considering the numbers in the application, would not be overly harmful to the area’s visual amenity.

5.2.5 The proposed housing design and layout of the estate as presented are typical of an urban estate and the designation of the land for residential development has already recognised that new housing is acceptable on this site. On the basis of an indicative figure of 30 units per hectare (as noted in the development plan) this site can cope with 270 housing units. Even though this is fewer than what should be included, if this indicative figure is followed in this case, and because of restrictions such as the presence of an ancient monument, public right of ways etc, the number is considered to be acceptable. Considering, therefore, that it would be reasonable to include 25 units in addition to the 245 presented, it is felt the development as shown is acceptable in terms of numbers and the effect on the area’s visual amenities. 5.2.6 Details of the final finishes and materials will be agreed by a formal condition and it is considered that by doing so the final finishes of the housing units will be agreed to the complete satisfaction of the local planning authority. It is considered, therefore, that the requirements of policies B22, B23 and B25 are satisfied.

5.2.7 Detailed plans have been presented which show the proposed landscaping plan for the site. It is usual to apply a formal condition that will ensure that the work is completed to the complete satisfaction of the local planning authority and that the work and plants are safeguarded and protected for a period after the work is done. It is considered therefore that policy B27 is satisfied.

5.3 General and Residential Amenities

5.3.1 A number of objections have been received and a petition signed by a number of residents of Ffordd Crwys and Ffordd Cynan mainly but also from further afield, concerned about the effect of the proposed development on their residential amenities.

5.3.2 On average, gardens at the back of houses on Ffordd Crwys measure approximately 10 metres in length. The majority of new housing to be built on this boundary will also have back gardens which will create an acceptable space between the new development and the existing houses.

5.3.3 However, plots 8 and 9 are located nearer the boundary with less space between them and the existing houses on Ffordd Crwys. But, considering the layout of the new housing to be built here, it will be seen that it is the gable ends of the houses on plots 8 and 9 that face the existing houses and, therefore, the windows on the main elevations would not be overlooking directly.

5.3.4 Again, it must be restated that material consideration cannot be given to loss of views and therefore no weight can be given to the concerns expressed about these elements.

5.3.5 It is accepted that there will be some disturbance to nearby residents during the building period. Attempts will be made to alleviate this by agreeing on a phased development period and to introduce a Building Method Statement to agree on the building methods.

5.3.6 It must be remembered that this site has been designated for residential development and that full consideration has been given to the propriety of including it during the public consultation that was held as part of adopting the Unitary Plan. Although the land is open in nature at present, the area is urban and it is within the boundaries of the only sub- regional centre designated in Gwynedd's Unitary Development Plan and is near to important employment centres such as Ysbyty Gwynedd, Bangor city centre and the University.

5.3.7. It is considered therefore that the proposal is acceptable and that it conforms with the requirements of policy B23 5.4 Transport and Access Matters

5.4.1 It is fair to say that this is the most contentious element in this application, from the negotiations that have been conducted and the concerns expressed by the public and others.

5.4.2 At present, Ffordd Penrhos is a very busy road due to its importance as one of the main routes into the city as well as an equal amount of traffic generated by a residential and built up area, the presence of schools and, probably the main reason, the location of Ysbyty Gwynedd,

5.4.3 Inevitably, therefore, any increase in the use of such a road must be considered carefully in terms of road safety and further effects on the area’s trunk road network.

5.4.4 It can be seen that the matter is made more complicated because of restrictions by various agencies on the proposal and the need to ensure that there will not be adverse effects on the nearby A55 and connections to it.

5.4.5 In terms of accessibility, it is felt that the site is appropriate in terms of location and setting and, as individual houses must reach a satisfactory standard so as to reach the requirements of access for all, it is felt that policy CH30 has been satisfied.

5.4.6 There is adequate parking provision within the site for the units where garages are provided on some plots with additional space, whilst only spaces are provided for the other units. Adequate provision is shown for the flats, it is felt therefore that the requirements of policy CH36 have been satisfied.

5.4.7 Existing rights of way cross this site and the historical use of these paths mean that individuals will continue to have the right to use them, the development notwithstanding. In order to ensure that these paths are maintained, the developer has show on detailed plans that they will be protected on site, improved when necessary and, in one case, diverted as the existing path crosses the A55 which is unacceptable. It also shows that a cycle path is to be built that will connect the site with a private road (with existing rights of way) which then leads to and connects with Lôn Adda cycle path which has been completed fairly recently to the south of the site. It is considered that the requirements of policies CH29 and CH31 are therefore satisfied.

5.4.8 The Welsh Government’s transport unit expressed considerable concern originally about the development and its effect on the local trunk roads and the A55. Extensive discussions have also taken place between the developer and representatives of the Assembly and, on the basis of these discussions, additional information has been presented in reply. On the basis of additional information received, the Welsh Government, as the highway authority with responsibility for the A55 and A487 trunk roads, states that any permission given by the local planning authority should include the following conditions / instructions:

 The site not to be developed until detailed plans have been submitted showing the surface water management system for the site.  Before any unit is lived in, details of boundary treatment of the site must be approved in writing.  No development to begin until the applicant's responsibilities have been agreed concerning maintenance arrangements for boundary treatments.  Full details of the improvements to the trunk road will be presented for approval before any unit is lived in.  The applicant must commission and pay for a Safety Audit of the scheme and agree on appropriate measures with the government.  The applicant must reach agreement with Welsh Ministers by means of a section 278 of the Highways Act agreement on work to the trunk road.  A traffic implementation strategy must be presented and agreed before work is started on site.

5.4.9 Final comments have been received by the Council's Traffic Unit following confirmation of the above by the Assembly. The comments received are as follows:

 The intention is shown to provide an estate road of standard width with parallel footways and cycle paths. Specific parking places are shown for each residential unit and turning areas at the head of each cul de sac.

 The developer has also commissioned a traffic survey and designs for a package of improvements to the county road network and local trunk roads, which have by now being adapted and updated a number of times as a consequence of current negotiations with representatives of the highways department and the trunk road agency. Following the appointment of independent consultants to assess the traffic assessment on behalf of the Council and the Trunk Road Agency, we have now agreed that the traffic effects of the development can be minimised to a point where it will be equal and of ‘nil – detriment’ effect.

 Minor adjustments are required to the layout of the estate road if an application is to be made to the Council for its adoption after completion. The main elements that will require adjustment are details such as deleting the square in front of plots 73 to 74 and 152 to 157, relocating the footway in front of plots 87 to 95 so that it runs parallel with the estate road and agreement on details for the road's finished surface on the junction in front of plots 21 and 17. It is believed that these adjustments can be agreed under a section 38 agreement.

5.4.10 As a consequence of the committee’s recommendation at the last meeting to defer the decision for various reasons, including highway matters, a further response was received from the Transportation Unit, summarising these complicated and complex issues:

 The original transportation report, completed by Crowd Dynamics (CD) (dated 16.10.12), was submitted with the application.  The Mott Macdonald (MM) consultation company was jointly appointed by Gwynedd Council and UK Highways A55 Ltd to review the report.  Originally, several issues were raised by MM in relation to the tests undertaken to complete the assessment of CD. These varied from questions regarding whether the recording of traffic flow during July was representative of a neutral month and it was requested that ‘85th percentile rates’ be used rather than general rates.  Following lengthy discussions, MM reported back in full to Gwynedd Council and UK Highways in March 2013. The conclusion was that the results of the amended assessment suggested that the development would lead to deterioration in and impairment to some local junctions with an excessive capacity envisaged. It was suggested to the developer that there was a need to respond to these conclusions and that he would have to offer appropriate mitigating measures.  Following further assessments, the developer submitted a package of mitigating measures which in principle offer situations without a detrimental effect. i.e. specific measures which will be installed to deal with the additional traffic leading to a similar neutral increase in current and proposed traffic levels.  The mitigating measures proposed by CD are engineering works on the roads leading up to the roundabouts of Treborth, Parc Menai and Ysbyty Gwynedd in order to increase the queuing capacity of these areas along with creating a new roundabout to serve the site of the proposed development.  MM have assessed the proposed measures and consider that the proposal in Treborth is reasonable and sufficient to respond to over-capacity issues. No observations were submitted regarding the work near Ysbyty Gwynedd but it was noted that the proposed works near Parc Menai would be unlikely to reduce the length of queues leaving the site on the basis of predictions for 2029. The truth is that the prediction regarding this area suggests the current over-capacity despite the development and, therefore, a situation cannot be reached that will be without any detrimental affect whatsoever.  To conclude, the applicant has submitted an assessment and additional traffic data which shows that as a result of including mitigating measures at crucial junctions that the development is unlikely to have a detrimental effect on the local roads network any further than the natural addition to the increase in traffic levels forecasted for the next 15 years.

5.4.11 The improvements that have been identified as a requirement will be undertaken by the developer at his own cost and they are described further in paragraphs 5.11.6 – 5.11.8 of this report. It is recommended that relevant conditions should be included concerning management of the development from a highways perspective and, if this is done and the changes / improvements identified by the highways unit and external agencies are made, it can be expected that the development will satisfy policy CH33.

5.5 Biodiversity/Tree Issues

5.5.1 Initial, basic information was presented with the applications concerning site biodiversity and ecological matters and originally objections were received from the Council’s biodiversity unit and the Countryside Council for Wales (CCW) because of deficiencies in the information presented and the need for further and / or new assessments.

5.5.2 Later, additional information was received including:  Management Plan (Ecological Management Plan and Biodiversity Plan May 2013 v3.0).  Revised Plans - Planning layout Rev C Coloured.  Updated Bat report -Bat Enhancement Final v2

5.5.3 The management plan expanded on the biodiversity matters that originally were matters of concern with the plan, including the presence on the site of bats (in the trees and in an outbuilding), Great Crested Newts, Reptiles, Grassland Fungi, Wildlife Corridors / Hedges. It was concluded that what was included and suggested in the report was acceptable to the Council’s Biodiversity Unit and that these matters should be managed by including formal conditions for the various elements described in the report.

5.5.4 By including the conditions as suggested by the biodiversity officer, it was seen that relevant matters could be controlled and it was felt the requirements of policy B20 could be satisfied.

5.5.5 The authority’s Tree Officer has met with the developer’s tree specialists on site and discussed what could be done in terms of protecting the benefits from the most prominent and valuable trees. With regards the appearance of the site, there are a number of trees that are of good amenity value and contribute to the local landscape. Unfortunately the general condition of these trees falls into the category of satisfactory to poor.

5.5.6 The proposed development means that many of the present trees on the site will be lost. An important group of trees that will be lost are the hedges either side of the main road / path that divides the site in two. Even though these are important for amenity, unfortunately because of lack of management over the years, they are not in good condition.

5.5.7 When assessing the proposed development, the loss of the trees can be recompensed by the comprehensive landscaping scheme that has been presented. The hope is that the new trees will grow into trees of a better standard that those on the site at present.

5.5.8 It is suggested that the building work on the site should conform with the following: o Tree Survey - (‘Tree Survey – Ref: DF/4266/TreeSurveyReport’) o Assessment of Effect on Trees (“Arboricultural Impact Assessment - Ref: DG/4266/AIA, Ref: DG/4266/AIA Rev A”) o Method Statement Report (“Method Statement for Protection of Trees During Development - May 2013Ref: DG/4266/MethodStatement”) o With all accompanying plans o The developer should appoint a tree Specialist (“Arboricultural Project Officer”) to oversee this.

5.5.9 Subject to the relevant planning conditions, it is considered that the development is acceptable from the biodiversity and tree aspects

5.6 Archaeological matters

5.6.1 There has been much archaeological interest expressed on this site because of the presence of the ancient monument and because of the early investigations on the site. Detailed investigations have been held on the site including opening research trenches and conducting a geophysical survey.

5.6.2 No remains of much archaeological value were discovered and definitely none associated with the monument. Therefore, it was confirmed that it would be unlikely that any further remains of value would be on the site.

5.6.3 The presence of Goetre Uchaf Barrow, the scheduled ancient monument, means that this part of the site must be developed carefully and that the ancient monument must not be disturbed in any way. The developer had originally considered that this should be ensured by creating a space around the monument, and then surrounding it by a road and houses to create an appearance look, which, to all purposes, would seem as a small roundabout with a sign drawing attention to the presence of the monument and some of its history.

5.6.4 This original proposed layout was objected to by CADW and the Archaeological Service, because it was felt that creating an appearance like a roundabout around the monument was disrespectful and that it should have a wider area as an improvement.

5.6.5 A formal meeting was held including representatives from relevant bodies to find a way forward and as a result, an amended plan was presented with a wider space between the monument and the new development. Observations were received about the amendment from CADW which noted:

“The new layout is an improvement to the original design and responds to the concerns noted, namely the need to respect the setting of the monument by moving building structures (buildings and roads) further back so as to show off the form of the barrow and to appreciate and understand its form. It is accepted that the amended plan has addressed the concerns and that the developer has dealt with the requirement to protect the barrow and its layout".

5.6.6 Further observations were received from the Gwynedd Archaeological Planning Service concerned about the effect on the monument despite the amendment to the original layout. Considering CADW’s response to the matter (see above) that they no longer have any objection to the proposal, and that CADW are the statutory consultants with responsibility over scheduled ancient monuments in Wales, it is felt that the form and layout of the development closest to the ancient monument is now acceptable.

5.6.7 It is considered therefore that the development conforms with policy B7.

5.7 Public Safety and Crime Prevention

5.7.1 This development refers to the consideration given to the ‘Secure by Design’ guidance, namely directions to encourage design and layouts that are safe and that consider public health, crime prevention and community safety as part of the design process.

5.8 Sustainability Issues

5.8.1 A development of this size means that it must be built to present sustainable standards. To reach those standards, a detailed report must be presented explaining how the development will ensure conformity with these requirements. By doing this and by setting a specific condition referring to the need to present a certificate on completion of the work, conformation with the requirements in policy C7 is ensured.

5.9 Flooding Issues

5.9.1 As a consequence of the recommendation of the committee at the last meeting to defer the decision for various reasons, including flooding issues, a Supplementary Drainage Report was received from the developer, summarising these matters. In addition, further information was received including a record of the discussions between the developer and Welsh Water and Natural Resources Wales (formerly the Environment Agency). Briefly, this is a summary of the information received:

 Details of consultations with Welsh Water (WW) and Natural Resources Wales (NRW)  Following the original objection of WW a Hydrological Impact Assessment was produced to ascertain whether there would be a detrimental effect on services or the local sewerage network’s capacity. Following the publication of this report and consideration given to its content, WW withdrew the objection and stated that the proposal was now acceptable.  The proposal to include a sustainable drainage system was supported by the Environment Agency (as it was called at that time) provided that the discharges to the water course on the northern section of the site was restricted and that the net outflow of the development is restricted to the site’s surface water run-off.  The reports submitted explain the logic for foul water and surface water drainage arrangements for the site; briefly, the surface water of the site will be disposed of by gravity into the existing water course to the south of the site which minimises the current arrangement.  The surface water near the northern boundary of the site falls off the site because of differences in ground levels, the proposal means re-directing all the surface water drainage on the site towards a water course to the south of the site. This will mean that all of the site’s surface water flow will now be directed away towards a new drainage system.  The majority of the houses will join their foul water discharge to a proposed pumping station on the lowest part of the site which will join with the existing connection within the site as suggested by WW.  Extensive tests have been undertaken and as a result a comprehensive drainage strategy has been drawn-up which has been accepted in principle by the relevant bodies.  A Section 104 agreement in relation to the development must be entered into formally with WW.  Strict conditions have been introduced by WW and NRW which should be imposed on any formal permission.

5.9.2 The site is not within a flood zone as described in TAN 15: Developing and the danger of flooding. Despite that, comments have been received from local residents referring to cases of local flooding due to surface water flowing into gardens and the obvious concern that permitting this application will accentuate cases such as these. It is believed that the comments received from the Environment Agency (as existed when the comments were presented), asking for a comprehensive water drainage scheme be presented and agreed for the site, will be sufficient to ensure that the matter will be dealt with in an acceptable way. It can be seen from the plans and details that the company intend to create a sustainable urban drainage network within the site which will enable the surface water to be controlled in an acceptable manner.

5.10 Infrastructure matters

5.10.1 The proposal was objected to originally by Welsh Water because of concerns about the effect of connecting the new development with the local network. A hydrology model assessment was completed by the developer to assess the effect of the development on the network and to present options for solving the problems so as to ensure there the effect on the service and residents would not be harmful. Since this information was presented, the objection has been retracted and strict conditions included so as to protect the network, local residents' amenities and the environment.

5.11 Community Benefit/ 106 Agreement Issues

Affordable Housing – The target for providing affordable housing on the site in the unitary plan states that 35% of the total housing on the site should be affordable units. This means that 86 units out of the 245 need to be affordable units. Discussions have taken place between the developers and Cymdeithas Tai Clwyd and the authority has also discussed this matter with both sides. Confirmation has been received that 86 units will be provided scattered throughout the site and they will be a mixture in size and form offering a wide range of living units of different size, occupation, location etc. In a formal statement, Cymdeithas Tai Clwyd expanded on the type of arrangement on offer here:

 10 houses will be purchased for an affordable, reduced price to be let for a higher intermediate rent – they would be scattered in the central and upper part of the site;  A block of 10 flats will be purchased to be rented at social or lower intermediate rent – in the upper part of the site by the hospital;  Redrow have agreed to assign one large plot, or two small plots side by side, for building a specialised bungalow to respond to the special needs of a local family.  For the rest of the plots, the housing association will help Redrow to market, filter, interview and choose owners to buy houses for a reduced price.  At least 6 houses will be bought for a reduced market price through the Tai Cymru Partnership. These houses will be let for an intermediate rent to people on the Tai Teg register, or other applicants who match the affordable criteria and priorities that support it.  There are further opportunities to buy finished houses from Redrow on the site, either through a social grant or though other methods of funding.  Through different options, Cymdeithas Tai Clwyd will be managing 30 of the 86 units directly. They will then be helping Redrow with the rest, including making use of Tai Teg arrangements.

There is a range of provision on offer. This will address the various housing needs in the area of Bangor and what is being offered is acceptable (as confirmed by the Housing Strategy Unit). It is considered therefore, that what is on offer conforms with the requirements of policy CH6. The arrangements included and presented are confirmed formally through a 106 agreement.

5.11.1 Educational contribution – The application site is situated within the catchment area of three junior schools – Ysgol y Faenol, Ysgol y Garnedd and Our Lady's and the secondary schools of Ysgol Tryfan and Ysgol Friars. The effect of this development on the nearby schools must be considered, rather than other schools within the city area of Bangor.

5.11.2 Using the formula included in the ‘Housing Developments and Educational Provision’ of the Supplementary Planning Guidance, it can be seen that a likely 91 children of junior school age would come from the proposed development and 70 pupils of secondary school age. The present situation in terms of the number frequenting these schools shows clearly that there is no space in the junior schools for the extra pupils but that space is available in the secondary schools.

5.11.3 Because of this, and as explained in the Supplementary Planning Guidance, the authority is in a situation where it could ask the developer for a financial contribution towards improving the present educational facilities in the area. On the basis of the likely numbers coming from the development, the Supplementary Planning Guidance shows that the developer will be required to pay a financial contribution of £1,115,387 towards this.

5.11.4 From discussions with the education department, it appears that the intention will be to increase the capacity of Ysgol y Faenol and Ysgol y Garnedd and work is ongoing at present to assess and cost the options for these sites.

5.11.5 Provided the financial contribution to improve the area’s educational standards is received, policy CH37 requirements will be satisfied and the timing of the contribution in the 106 agreement will be arranged and agreed.

5.11.6 Highways Contribution – The situation regarding the effect of the development on the local road network has been difficult and complex to solve. Detailed reports and assessments have been presented and considered by more than one party, because of the likely effect on not only the roads the council is responsible for, but also trunk roads that fall within the responsibility of the Assembly Government and the Trunk Road Agency.

5.11.7 Likely improvements have been identified and a financial contribution will be needed from the developer towards these improvements, namely an upgrade to the present Ysbyty Gwynedd roundabout, provision of a new crossing at Ffordd Penrhos (near to the location of Ysgol y Faenol) and an improvement to the cycling network connections in the area with a contribution of £140,000. The timing of the contribution will be arranged and agreed through the 106 agreement.

5.11.8 In addition to these improvements, it is likely that the area’s trunk road network will need upgrading such as the roundabout area at Parc Menai and the junction near the Faenol hill. It will be arranged that this work will be agreed on and funded by the developer through agreements under the relevant sections of the Highways Act.

5.12 Community and Linguistic Statements

5.12.1 This report was presented as a formal assessment of the effect of the proposed development on the local community and the Welsh language. Although it is not usually necessary to ask for an assessment for a site which has been designated in the Unitary Plan for building houses, as an assessment was conducted whilst considering the site’s designation originally, in this case, however, because of the size of the development and that the census results were published fairly recently, it was considered appropriate for the developer to present a statement so that it could be formally, jointly assessed by the policy unit’s officers. The broad results of the assessment are:  The percentage of Welsh speakers in this area of Bangor is a comparatively low, especially in the Glyder and Dewi wards, compared with the whole of Gwynedd.

 It is not believed that the scale of the proposed development is likely to cause a significant growth in the population that could impact badly on the Welsh language. Bangor has a large population, especially of students. Therefore, the size of the development, and the subsequent growth in population, is not likely to have a significant effect on the Welsh language. However, the possibility should be considered that the houses will be bought by non Welsh speaking workers at Ysbyty Gwynedd.

 The mix of houses on offer is likely to be attractive to families with children. Whilst it is noted that the development could have a positive effect on the local junior school by increasing pupil numbers, it must be considered whether the development would place too much pressure on local schools. The increase in the number of pupils should have a positive effect on the Welsh language as they will receive their education through the medium of Welsh. On the other hand, there could be less use of the language in the playground with an increase of pupils with English as their first language.

 The intention to provide an element of affordable housing could be beneficial for keeping the present population in their communities and to encourage Welsh people to return to the area. This is important when considering affordability rates in the area. It should be ensured that an adequate proportion of the relevant units are affordable and attractive to local individuals who need affordable housing in terms of type and occupation in the first place and in the future, so that an influx of non Welsh speaking people does not have a negative effect on the viability of the language.

 Because of the size of the proposed development, consideration should be given to developing the site step by step so as to mitigate any negative effects on the Welsh language as a result of building houses on that scale / rate, which is more than the local need. It must be ensured that the units are affordable enough to satisfy specific needs locally. Consideration should be given to marketing the houses locally for a specific period e.g. 3 months before putting them on the open market.

5.12.2 Concern was raised at the meeting of the Planning Committee of 29 July 2013 that the linguistic assessment which had been submitted was based on the Bangor city area and that no consideration had been given to the community of Pentir where the proposed development is to be located. A supplementary linguistic report was received and it was submitted to the Joint Policy Unit for further observations and the following response was received:

 In accordance with the Supplementary Planning Guidance – Planning and the Welsh Language, a Linguistic Assessment was submitted (June 2013) as part of an application to construct 245 houses on land near Ffordd Penrhos, Penrhosgarnedd. This assessment was inspected by the Joint Planning Policy Unit (JPPU) and although the Unit accepts that the proposed development is unlikely to have a negative effect on the Welsh language, a series of steps were outlined to mitigate any possible impact. Following submitting a further appendix to the assessment by the developer in August 2013, which included further details regarding the Welsh language in the Pentir Ward, the conclusions of the Unit remains the same.

5.13.1 Considering the location and provision of affordable housing, it is not considered that there would be a significant effect on the Welsh language and the community. 5.13 Recreational spaces

5.13.2 Considering the location and provision of affordable housing, it is not considered that there would be a significant effect on the Welsh language and the community.

5.13.2 Subject to policy CH43, consideration must be given to providing sufficient recreational places and open spaces to satisfy the proposed development's residents' needs.

5.13.3 The play area, which is protected in the Unitary Plan and which borders directly with this site measures around 17,000m². Part of this site includes play equipment for children and measures about 6,675m². This would meet the element of a play area for children noted in the Supplementary Planning Guidelines ‘Housing Developments and Open Spaces of Recreational Value’.

5.13.4 Despite the above, one of the reasons for the deferral of a decision on the application at the meeting of the Planning Committee on 29 July 2013 was because of concern about the lack of provision of play areas as part of the development. Consequently, the applicant has examined and considered the options for the provision of play facilities both in and off-site. Because of restrictions within the site involving topography, the possible effect of providing formal facilities on the setting of the ancient monument of Crug Goetre Uchaf, it is believed in this case that an off-site provision would be appropriate. It must be emphasised that this financial contribution is offered voluntarily by the applicant as it is considered that the existing provision of play areas is sufficient as noted already.

5.14 Response to the public consultation

5.14.1 As previously mentioned, it is acknowledged that a number of comments / opposition by individuals were received as well as a petition against the proposal, raising a number of matters with regards the proposed development.

5.14.2 The relevant matters are too numerous to go through them one by one, but it is considered that these matters have been considered thoroughly in the above assessments and that no injustice has been done to any of the observations received. All received full consideration.

5.14.3 Unfortunately what can be considered a relevant planning matter is quite specific. Consideration will not be given to all the matters raised in the comments such as loss of view, ownership of land etc as they are not relevant in planning legislation. It is recognised that this will be a disappointment to objectors but what can be dealt with as a relevant consideration in the planning regime is limited.

5.14.4 Once again, it must be remembered that this site has been designated for residential development and full consideration was given to the suitability of including it as such at the time of designation.

6. Conclusions: 6.1 The site is within the development boundaries of the sub regional centre of the city of Bangor, with the land specifically designated for residential development. It is considered therefore that the principle of the development has already been accepted and that there are no overriding relevant planning policy matters which justify refusal.

6.2 To sum up the most obvious matters with regards the application:

 The development is acceptable in principle. It will be a positive contribution to the housing supply which is required in Gwynedd and accepted in the Development Plan. Within the Bangor Dependency Catchment Area, it is acknowledged that 802 new houses are required and 30% of that total is included in this application. Although the density of the development is slightly lower than that usually suggested, because of the limitations of the site and specific matters concerning it, it is believed that the development is acceptable and that it conforms with the requirements of local, regional and national policies.  The site development brief refers to the target of providing 35% of affordable housing on the site. This means that 86 units out of the 245 should be affordable units. Following extensive discussions between the authority (including the strategic housing unit, policy unit and the development management unit), the developer and Cymdeithas Tai Clwyd, terms were agreed that 86 affordable living units would be supplied on this site, which concurs with the expected percentage for the site. The units to be provided will vary in size and occupancy and will also be scattered throughout the site.  The presence of the registered ancient monument, Goetre Uchaf Barrow, on the site has been considered in depth in terms of the effect of the proposed development on its location and setting. Despite CADW’s initial concerns, the proposals for this part of the site are acceptable to CADW and it is accepted that they will not impact on the registered ancient monument.  Transport – without a doubt, this matter has obviously been the most contentious in terms of the objections received from the public and to begin with, from outside agencies such as the Welsh Government Transport Unit and the Local Authority Transport Unit on the grounds of the effect on the local road network (including the A55 and Ffordd Penrhos). A substantial number of discussions have been held between the relevant parties, as a result, additional information and assessments were presented by transport specialists on behalf of the developer. These details were assessed in full by the authority’s Transport Unit and the Welsh Government. It was seen, although there would obviously be an increase in the volume of vehicles using the local road network, that the development would be acceptable and that the steps that would be taken to improve critical locations (improvements that will be funded by the developer) will alleviate the effect on the local road network.  With regards all the other planning considerations such as linguistic and community matters, education, residential and visual amenities, biodiversity matters, public safety, infrastructure, floods and open spaces, (which now includes a contribution of £30,000 for improvements / additional provision) it is considered that the development is acceptable.

6.3 Full consideration was given by the Local Planning Authority to the objections as material considerations when preparing the recommendation for this application. Furthermore, the material considerations relevant to this application have been assessed by considering the relevant policies and instructions. Following these considerations and having completely considered all the matters noted, it is believed that the application is acceptable and conforms to the requirements of local and national policies and guidelines as noted above subject to relevant conditions and completion of a 106 agreement.

7. Recommendation:

7.1 Delegate the right to the Senior Planning Manager to approve the application subject to signing a 106 agreement with regards affordable housing and receipt of a financial contribution towards improving local educational facilities, provision of additional play equipment and improvements to the area’s road network.

Conditions - 1. Time 2. Conform to plans 3. Materials 4. Landscaping 5. Present and agree a building management plan 6. Gradual development 7. Achieve requirements of level 3 code 8. Highways requirements 9. Archaeological Matters 10 Biodiversity matters 11. Trees 12. Drainage / sewage 13. Abolish permitted development rights 14. Safeguard rights of way.

Number: 2 Application Number: C12/1161/25/LL Date Registered: 26/10/2012 Application Type: Full - Planning Community: Pentir Ward: Pentir

Proposal: CONSTRUCTION OF NEW ACCESS, ROUNDABOUT AND ACCESS ROAD TO FACILITATE NEW HOUSING DEVELOPMENT Location: LAND AT - FFORDD PENRHOS, PENRHOSGARNEDD, BANGOR, GWYNEDD

Summary of the TO APPROVE WITH CONDITIONS. Recommendation:

1. Description:

1.1 Following a discussion at the meeting of 29 July this year on the application to construct 245 new houses which runs concurrently with this application, it was decided to defer a decision on the application in order to receive information / further confirmation by the developer and the authority’s Transportation Unit in relation to various matters. As a result, it was decided that it was not appropriate to discuss the merits of this application because both applications were dependent on each other.

1.2 A full application to provide an entrance and new roundabout and create a new road entrance to facilitate a new housing development.

1.3 The site is situated within the development boundaries for the city of Bangor, which is designated as a sub regional centre in the Gwynedd Unitary Development Plan (July 2009) with the land specifically designated for residential development. The site measures 00.87 hectares and has been used, historically, as agricultural grazing land.

1.4 The site is in the Penrhosgarnedd area of the city, but within the Pentir Community Council area boundaries, and in a prominent position parallel with Ffordd Penrhos.

1.5 Existing residential properties are positioned parallel to the northern boundary of the site with an established growth of trees and bushes forming a buffer between the site and the properties. The A55 is located beyond the southern boundary of the site with an existing flyover over the A55 bordering the existing agricultural entrance into the site from Ffordd Penrhos on part of the western boundary. A substantial electricity pylon is prominent on the site as it is less than 20 metres from the nearby public highway.

1.6 The plans presented with the application show the proposal to divert the line of the existing Ffordd Penrhos slightly, creating a new, standard full sized roundabout of 28m (most of it to be situated within the site itself). It will include three islands with lit bollards where the three junctions are bordering on the roundabout, form pavements, and standard street lights. Furthermore, the plans show the creation of a road entrance into and through the site with separate or parallel pavements / bike path together with landscaping work, fencing and installing a surface water drainage system.

1.7 Please note that only matters concerning the application to create an entrance and roundabout are considered here. Members are reminded that full consideration will be given to matters concerning the full application to build 245 houses, including the application’s highway matters in the application which runs jointly with this application.

1.8 It is recommended that the application for the 245 houses is granted subject to a section 106 agreement to include improvements to the local road network in order to mitigate the impact of the residential development. Those improvements as well as the proposals included in this application would be financed by the developer.

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 authorities are expected to make planning decisions in accordance with the Development Plan unless there are material planning considerations that deem otherwise. Planning considerations include the National Planning Policy and the Unitary Development Plan.

2.2 Gwynedd’s Unitary Development Plan 2009:

POLICY B7 – SITES OF ARCHAEOLOGICAL IMPORTANCE - Refuse proposals which would damage or spoil archaeological remains of national importance (whether listed or not) or their settings. Developments that will affect other archaeological remains will also be refused unless the need for the development over-rides the significance of the archaeological remains.

POLICY B23 - AMENITIES Safeguard the amenities of the locality by ensuring that proposals comply with a series of criteria which aim to protect identified characteristics and amenities of the local area.

POLICY B27 – LANDSCAPING PLANS – Ensure that agreed proposals embody soft / hard landscaping of a high standard suitable for the site and which consider a series of factors that aim to avoid harming recognised characteristics.

POLICY B33 – DEVELOPMENTS WHICH CREATE POLUTION OR NUISANCE - Protect human amenity, the quality and health of the natural or built environment from high levels of pollution.

POLICY B34 – LIGHTS OR LIGHT POLUTION – Ensure that the proposals do not significantly impair the amenity of the nearby land use and the environment.

POLICY C1 – LOCATION OF NEW DEVELOPMENTS - Land within town and villages development boundaries and within the developed form of rural villages will be the main focus for new developments. Buildings, structures and supplementary amenities in rural areas will be refused, apart from developments which are permitted under another policy in the Plan.

POLISI CH25 – NEW ROADS AND ROAD IMPROVEMENTS – Permit proposals for improvements to existing roads and to new parts of roads if there is enough justification for the development on an economic and public safety basis and that there will not be any unacceptable environmental effects. The developers will have to prove that other options have been considered and that the scheme chosen will have the least effect on the environment and can conform with a series of specific criteria. POLICY CH29 – PROTECT AND IMPROVE CONNECTIONS FOR WALKERS – Proposals within Centres and Villages will be refused if they do not provide safe, attractive and direct pedestrian paths for walkers across and out of the site, where there is obvious opportunity for such provision.

POLICY CH33 – SAFETY ON ROADS AND STREETS Development proposals will be approved if the specific criteria about vehicle access, the standard of the existing road network and traffic calming measures can be complied with.

As well as the above, full consideration will be given to the Additional Planning Guidance adopted by the Authority, which are material and relevant considerations. Relevant in this case are the following:

Supplementary Planning Guidance – Development Briefs

2.3 National Policies:

Planning Policy Wales (version 5, 2012)

Chapter 3 – making and enforcing planning decisions Chapter 8 – transport

Welsh Office Circular 60/96 – Planning and the Historic Environment (Archaeology)

Technical Advice Notice (TAN)

TAN 12: design TAN 18: transport

3. Relevant Planning History:

3.1 There is no relevant planning history to this site.

4. Consultations:

Pentir Community Council: It is felt that the building work should not start until a decision has been taken whether there should be an additional and adequate road entrance to the new estate. It is not acceptable for site traffic to gain entrance through Ffordd Crwys / Cynan. The local Assembly Member will discuss the local traffic problem with Assembly ministers and officers.

Transport Unit: The specific proposal is not opposed to by the authority’s highways unit and it is suggested that standard conditions be imposed to ensure the development is completed to suitable standards. Despite the input by the Assembly and the Trunk Road Agency for the residential development, specific attention was not given to the proposal to create a roundabout and entrance.

Natural Resources Wales It is suggested that a formal condition be imposed on any (Environment Agency at the permission stating that no start be made on the development time of presenting the until a surface water management plan for the site is presented observations): and approved in writing.

Gwynedd Archaeological Inspection work has been carried out on the housing Planning Service: development site. Until the findings on this site have been assessed, it would be unwise to deal with the application for an entrance.

Welsh Government Transport Considerable discussions have been held concerning the Unit: development in its entirety (the residential development and its effect on the road network). In terms of this particular application, it is noted that there is no opposition to the plans or to the proposals as presented but further information was asked for concerning the safety measures to be taken to safeguard the A55 along the nearest boundary to the roundabout. This information was received and a relevant condition suggested to protect the A55.

Public Consultation: A notice was posted on the site and nearby residents informed. The notifying period came to an end on 29 11 12. A number of letters / correspondence were received together with a petition opposing on the grounds of:

 Loss of privacy / harmful effect on residential amenities  Effect on safety  Increase in noise / pollution / dust  Light pollution  Disturbance because of increasing traffic movements  Location of the roundabout unacceptable  The intention is in contravention to the adopted policies  Harmful effect on the local road network  Closeness of the roundabout / road to the present residential houses

In addition to the above objections, other objections were received that were not valid planning objections and included:

 The need for the council to compensate the residents if the development is permitted

It is noted here that a number of the oppositions received concerning the residential development in its entirety, only a small number opposed this specific application for a roundabout and entrance.

5. Assessment of relevant planning considerations:

5.1 The principle of the development 5.1.1 This site is situated within the development boundary of the city of Bangor with the land designated specifically in the Gwynedd Unitary Development Plan (2009) for housing. The Supplementary Planning Guidance: Bangor Area Development Brief states:

“A new entrance road should be provided from Ffordd Penrhos. The present entrance from Ffordd Cynan and Ffordd Crwys is unsuitable, neither is the present road to Goetra Uchaf farm. This will require providing a new roundabout on Ffordd Penrhos.”

5.1.2 It is considered therefore that the principle of developing the site is acceptable. This is consistent with policy C1 which supports applications within the development boundaries.

5.1.3 This application specifically deals with the proposal to build a roundabout with a new entrance and estate road. Although obviously relevant, the associated residential development, including the consideration given to the effect of the proposed development on highway matters, is being dealt with in the application which is jointly presented with this application.

5.1.4 The merits of this application must be specifically considered in terms of what is intended, namely the creation of a roundabout, entrance and entrance road. On the basis of the above, it is believed that the proposal complies with the policy noted and is acceptable in principle.

5.2 Visual amenities

5.2.1 This site is visible from Ffordd Penrhos because of its close proximity to the road. There is an existing entrance into the site, the land is used for grazing and there is an established growth of trees and bushes along its boundaries. Highly visible within the site is a substantial electricity pylon. It is considered therefore, because of its use as grazing land with a discrete entrance and the presence of the pylon, that it is not land that has been assigned as without use and it is likely that comparatively regular movements will be seen from it because of its use as grazing land and maintenance or inspection work on the pylon.

5.2.2 Its proximity to the A55 and, specifically, the flyover, means that similar highway arrangements are prominent in the area. It is not considered that including this element would have a harmful effect on the area’s visual amenities. It has been designed to reach standard requirements and it is being ‘pushed’ far enough into the site for it not to lie totally within the present road.

5.2.3 Details for the boundary treatment around the entrance, including final finishes and materials, will be agreed by a formal condition and therefore it is considered that by doing so, the final finishes on the most visible part, namely the entrance into the site, will be agreed to the complete satisfaction of the local planning authority. It is believed that this satisfies the requirements of policy B23.

5.2.4 Detailed plans are required to show the proposed landscaping plan for the site by formal condition that will ensure that the work is completed to the complete satisfaction of the local planning authority and that the work and plants are safeguarded and protected for a period after the work is done. It is considered therefore that policy B27 is satisfied. 5.3 General and residential amenities

5.3.1 It is acknowledged that this proposed development which introduces a new element to this part of the road by creating a roundabout and entrance as shown, changes the present form and pattern of the area. It is unavoidable that there will be some disturbance to the area’s general amenities whilst the work continues but it is not considered that this will have an excessive effect in the long term.

5.3.2 It is noted that there are residential houses in Ffordd Cynan beyond the northern boundary of the site. Established growth of trees and bushes can be seen along this boundary with the presence of a 33,000 volt electric cable above. It is not considered that the proposed development would be able to encroach towards the housing boundary because of the presence of the trees and the cables and therefore sufficient distance would be kept.

5.3.3 Concern has been noted about the effect of the proposed development in terms of an increase in noise, light pollution, dust and the general effect on the local residents’ amenities. An element of general and residential amenities disturbance in the area exists already because of the density of traffic on Ffordd Penrhos, the nearby A55 and the noise from the present pylons and electricity cables. It is not considered that the proposed development once completed, would impair on the area’s amenities to an unacceptable degree from that which already exists and therefore it would not be in contravention to the requirements of policy B23.

5.3.4 It is proposed that 6 street lights be installed as is required for a full roundabout of the intended type. In addition 5 lights will be installed parallel to the new road though the site. They will be installed so as not to throw light directly onto existing residential properties. It is not considered that the development in its finished form will be unacceptable and unable therefore, to satisfy the requirements of policies B33 and B34.

5.4 Transport and Access Matters

5.4.1 The specific proposal is not opposed by the local authority’s highways unit and it is suggested that standard conditions be imposed to ensure the development is completed to suitable standards. Despite the input given by the Welsh Assembly and the Trunk Road Agency for the residential development, specific attention was not given to the proposal to create a roundabout and entrance, apart from asking for confirmation of the arrangements for protecting the A55 from accidents deriving from this site (RRRAP assessment) as the site is on land higher than the A55 and, therefore, it would be necessary to ensure that it would not be possible for a vehicle to divert off Ffordd Penrhos down to the A55.

5.4.2 This report was presented with confirmation that steps will be taken to build a bund to safeguard the boundary between the site and the A55.

5.4.3 As noted above, the development brief states that a roundabout should be provided here as an entrance into the site. It should be a full sized standard roundabout and include all the necessary elements to reach the acceptable standard. On that basis, including size and location of the entrance, the road and the new pavements / bike paths, it is believed that the proposal is acceptable and conforms with the requirements of policies CH25, CH29 and CH33.

5.5 Archaeological Matters

5.5.1 Archaeological investigations were undertaken on the adjoining land as part of the application for housing in order to assess the value of the archaeology in the land. Although the land that is specific to this application was not part of those investigations, it is considered that based on the investigations on the adjoining land, there would be no adverse impact on archaeology. It is therefore considered that the proposal complies with policy B7.

5.6 Public safety and crime prevention

5.6.1 The layout of the proposed development has been prepared in compliance with standard requirements for layout and includes elements such as suitable lighting etc. Concern has been highlighted in terms of safety and crime prevention, but it is not considered that this proposed development has been designed in such a way as to increase this danger. Additional movements created by vehicles and walkers compared to the present situation are an obvious increase, but the behaviour of individuals is a matter that planning arrangements cannot control. It is hoped that measures such as the present growth of trees and bushes and the space between the present houses and the proposed road / paths is sufficient to prevent an increase in cases of crime as a result of this development.

5.7 Community benefit / 106 agreement matters

5.7.1 The impact in terms of the use of the new access and roundabout would be as a result of the housing application, which is the subject of a separate application. Therefore, any improvements that may be necessary to the local road network would need to be secured in the context of the application for housing. The recommendation is therefore to grant planning permission for the housing development subject to a section 106 agreement to include improvements to the local road network.

5.8 Response to the public consultation

5.8.1 It is acknowledged that a number of observations / opposition by individuals were received as well as a petition against the proposal raising a number of matters with regards the proposed development in its entirety.

5.8.2 It is considered that the relevant matters to this particular application were considered thoroughly in the above assessments and that no injustice was done to any of the observations received. All received full consideration.

5.8.3 Once again, it is noted that this site has been designated for residential development and full consideration was given to the suitability of including it at the time of designation. Relevant to this application, the development brief refers to the creation of a roundabout for the site rather than the creation of a junction as is usual. It is considered that the applicant has followed this guidance given by the authority. 6. Conclusions:

6.1 Considering all the above matters, and having given full consideration to all the relevant planning matters, including opposing letters / petition, the proposal is acceptable and it conforms to the policy requirements and local and national guidance as noted above.

7. Recommendation: 7.1 Approve - conditions 1. Time 2. Conform to plans 3. Submit and agree surface water management 4. Highways conditions 5. Boundary treatment details 6. Landscaping

Number: 3

Application Number: C12/1451/15/LL Date Registered: 31/10/2012 Application Type: Full - Planning Community: Llanberis Ward: Llanberis

Proposal: DEVELOPMENT OF PUMPED STORAGE FACILITY WHICH WILL INCLUDE AN UPPER RESERVOIR AT CHWAREL UCHAF AND ASSOCIATED DAM, A LOWER RESERVOIR AT GLYNRHONWY ALSO WITH DAM, ERECTION OF POWERHOUSE TO INCLUDE TURBINES, ASSOCIATED ENGINEERING WORKS INCLUDING THE CREATION OF NEW SLATE SPOIL HEAPS AND DIVERSION OF HIGHWAYS Location: GLYN RHONWY SITE, LLANBERIS, CAERNARFON, GWYNEDD, LL554EL

Summary of the To delegate the right to the Senior Planning Manager to approve Recommendation: the application subject to agreeing on conditions and the arrangements of the community fund, including the amount of likely contributions.

1. Description:

1.1 A full application for planning permission to create a pumped storage facility, which is simply a scheme that generates electricity by releasing water from a reservoir on higher ground to a second reservoir on lower ground, passing through a generator on the way which generates electricity. This electricity is stored as with ordinary batteries and is used by the national grid at peak times. The completed station will be capable of generating up to 49.9 megawatts of electricity.

1.2 The location of the development is partially within the Glynrhonwy site which is located approximately 1 mile to the north-west of the village of Llanberis. The rest of the site extends beyond the Glynrhonwy site itself above Clegir Road towards the Cefn Du mountain. The highest part of the site is accessible from the side to Cefn Du, and a public road leads up the mountain from the direction of Waunfawr.

1.3 The application site measures 59.3 hectares in total, and has had mixed historical uses over the years including a quarry and slate workings, various industrial uses, a commercial woodland and agricultural grazing land (which is a mixture of private land and Crown Estate land). There is an existing wide and standard junction from the A4086 highway into the Glynrhonwy side of the site, with a standard road leading towards the site of the Siemens factory (formerly Euro DPC) whilst the road leading to the application site diverts from the main road and leads past platforms that have already been created within the site for industrial purposes. The road from the direction of Waunfawr is a narrow and mountainous road and has occasional passing places along it. The site of Glynrhonwy itself (up to the boundary with Clegir Road) is designated specifically as a redevelopment site in the Gwynedd Unitary Development Plan and is partly surrounded by a permanent fence to secure it. It is only intended to use part of the extensive Glynrhonwy site for the proposed development, and no part of the development will be close to the site of the Siemens factory or to the area known as Coed Doctor.

1.4 The area of the site which will contain the upper reservoir is on the open land of Cefn Du, and there is a network of existing paths that cross the land, and the remains of historical slate workings and quarries can be seen scattered around the area, with grazing lands present on the mountain.

1.5 There has been agricultural and industrial use to this land historically; the industrial use came to an end many years ago, whilst the agricultural use of the land is typical of this type of upland in this part of the County.

1.6 The plans and the detailed information submitted with the application explain the background of the development, the suitability of the site for this type of development and the steps and considerations taken to select a final site to submit as a formal planning application. It is seen that previous considerations included a third reservoir, a different location for the power station, installing pipes by cutting and filling trenches, transporting waste off the site etc.

1.7 In brief, the proposal will include the following main elements:

 Creating an upper reservoir (Chwarel Fawr)  Creating a lower reservoir (Glynrhonwy)  Erecting a power station – to include the combined pump/turbine  A penstock – a pipe installed to connect the upper reservoir with the power station  A tailrace – a pipe installed to connect the power station with the lower reservoir  Spillway – a discharge point from the upper reservoir and a joint discharge/abstraction point from the lower reservoir  Pump house – for extracting water from during the construction phase.  It is noted that underground tunnelling is proposed for connecting the reservoirs together. The proposal originally referred to opening huge trenches, installing pipes and then burying them, however, this will not be done on the upper part of the site at all, only in creating the connection from the Glynrhonwy reservoir to Llyn Padarn. The pipeline that will run from the Glynrhonwy reservoir to the lake will be installed through parts of the site that have already been developed, and will then run fairly close to the old bomb storage site on the lower part of the site, and then onwards towards the lake itself through the area known as Y Glyn.

1.8 The proposed development does not fall within the description and criteria in Schedule 1 of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999. However, it is a development which falls within the description of a development as defined in paragraphs 3 (a) and 3 (h) (Energy Industry) of the Regulations based on the size of the development area and what is produced. Following formal screening and assessment of the proposal in accordance with the criteria of Schedule 3 and based on the size, nature and proximity of the site to protected areas, a full Environmental Impact Assessment has been submitted with this application.

1.9 As is required to conform to current legislative requirements, the following information was submitted in the form of formal documents.

 Design and Access Statement  Planning Statement  Detailed plans to correspond with the Planning Statement  Environmental Statement – volume 1 – Main Text  Environmental Statement – volume 2 – Figures  Environmental Statement – volume 3 – Technical Appendix  Environmental Statement – volume 3 – Technical Appendix 2.5 and 7.3  Environmental Statement – volume 3 – Technical Appendix for the Countryside Council for Wales (confidential)  Environmental Statement – volume 3 – Technical Appendix for the Environment Agency (confidential)  Environmental Statement – volume 4 – Non-technical Summary  Community and Linguistic Statement  Statement of Community Engagement  Trees Statement  Statement of Water Inspection Method  Bats Mitigation Plan  ASIDOHL Assessment – including a revised version (a specific assessment that considers the effect of proposed developments on protected or designated landscapes)  For clarity, other assessments are contained within the above documents such as a Flood Impact Assessment, Transportation Assessment etc. and have not been contained as specific separate documents

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:

PRECAUTIONARY APPROACH – STRATEGIC POLICY 1

Development proposals that would have an adverse or uncertain impact on the environment, the economy or on the Welsh language or cultural character of the communities of the Plan area will be refused unless it can be conclusively shown by an appropriate impact assessment that this can be negated or mitigated in a manner acceptable to the Planning Authority.

THE NATURAL ENVIRONMENT – STRATEGIC POLICY 2

The area’s natural environment and its landscape character, and views in and out of the National Park and the Anglesey and Llŷn Areas of Outstanding Natural Beauty will be maintained or improved by refusing development proposals that will significantly harm them.

BUILT AND HISTORIC HERITAGE – STRATEGIC POLICY 3

The area’s built and historic heritage will be protected from development that would significantly harm it, and new developments in historic areas will be expected to conform to particularly high design standards which will maintain or improve their special character. DEVELOPMENTS WHICH CREATE RISK – STRATEGIC POLICY 5

Developments that are inconsistent with the need to safeguard floodplains or to minimise flood risk and developments that create a risk of unacceptable damage to health, property or the environment, will be refused.

LAND REDEVELOPMENT AND REUSE – STRATEGIC POLICY 6

Priority will be given to making appropriate and suitable use of previously developed land, which is suitable for development, or buildings that are vacant or not used to their full potential. Development should make the most efficient and practicable use of land or buildings in terms of density, siting and layout.

ENERGY – STRATEGIC POLICY 9

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

TRANSPORT – STRATEGIC POLICY 12

Transport schemes that form part of the strategic and integrated transport network identified in the Key Diagram, extend the choice of travel modes, facilitate access for local people and show clear benefits as regards network safety and efficiency, will be approved, provided they do not lead to an unacceptable increase in the need to travel and that they do not significantly harm the environment or the amenities of local residents.

INDUSTRIAL LAND – STRATEGIC POLICY 15

Land and property in the Plan area used for industry and business will usually be safeguarded for those purposes.

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

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

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

POLICY B7 – SITES OF ARCHAEOLOGICAL IMPORTANCE Refuse proposals which will damage or destroy archaeological remains of national importance (whether scheduled or not) or their setting. Also refuse any development that will affect other archaeological remains unless the need for the development overrides the significance of the archaeological remains. POLICY 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 B12 – PROTECTING HISTORIC LANDSCAPES, PARKS AND GARDENS Protect landscapes, parks and gardens of special historical interest in Wales from developments that would cause significant harm to their character, appearance or setting.

POLICY B14 – PROTECTING THE LANDSCAPE CHARACTER OF SNOWDONIA NATIONAL PARK Protect the landscape character of Snowdonia National Park by refusing proposals that are visually obtrusive and/or are located insensitively and unsympathetically within the landscape.

POLICY B15 – PROTECTION OF INTERNATIONAL NATURE CONSERVATION SITES Refuse proposals that are likely to cause significant harm to the integrity of nature conservation sites of international importance unless they conform to a series of criteria aimed at managing, enhancing and protecting the recognised features of such sites.

POLICY B16 – PROTECTING NATIONALLY IMPORTANT CONSERVATION SITES Refuse proposals that are likely to cause significant damage to nature conservation sites of national importance unless they conform to a series of criteria aimed at protecting, enhancing and managing recognised features within the sites.

POLICY B17 – PROTECTING SITES OF REGIONAL OR LOCAL SIGNIFICANCE Refuse proposals that are likely to cause significant damage to sites of regional or local significance unless they conform to a series of criteria aimed at protecting, enhancing and managing recognised features within the sites.

POLICY B19 – PROTECTED TREES, WOODLAND AND HEDGEROWS Proposals which will 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.

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

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

POLICY B27 – LANDSCAPING SCHEMES Ensure that permitted proposals incorporate high quality soft/hard landscaping which is appropriate to the site and which takes into consideration a series of factors aimed at avoiding damage to recognised features. POLICY B32 – INCREASING SURFACE WATER Refuse proposals that do not include appropriate flood minimisation or mitigation measures that will reduce the volume and rate at which surface water reaches and flows into rivers and other water courses.

POLICY B33 – DEVELOPMENT THAT CREATES POLLUTION OR NUISANCE Protect human amenities, the quality of public health and the natural or built environment from high levels of pollution.

POLICY B34 – LIGHTING AND LIGHT POLLUTION Ensure that proposals do not significantly harm the amenity of neighbouring land uses and the environment.

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

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

POLICY C6 – GLYN RHONWY REDEVELOPMENT SITE Proposals for the Glyn Rhonwy redevelopment site that create quality employment or leisure opportunities for the benefit of Gwynedd’s communities will be permitted provided that the development conforms to a series of criteria relating to cultural, linguistic, amenity, environmental, visual and highways matters. It is also noted that the site should be developed in an integrated manner.

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

POLICY C27 – RENEWABLE AND SUSTAINABLE ENERGY SCHEMES Proposals for renewable energy and sustainable energy management schemes will be approved provided that a series of criteria relating to the impact on the visual quality of the landscape and environmental and social factors can be met.

POLICY C29 – SAFEGUARDING WATER RESOURCES Proposals that will cause significant harm, which cannot be mitigated or managed effectively, to surface water, ground water sources or freshwater ecosystems will be refused.

POLICY CH22 – CYCLING NETWORK, PATHS AND RIGHTS OF WAY All parts of the cycling network, footpaths and rights of way will be protected by encouraging proposals which will incorporate them satisfactorily within the development and by prohibiting plans to extend the cycling network, footpaths or rights of way. Should this not be possible, appropriate provision will have to be made to divert the route or to provide a new and acceptable route. POLICY CH25 – NEW ROADS AND ROAD IMPROVEMENTS Proposals for improvements to existing roads and for new sections of roads will be approved provided there is sufficient justification for the development on economic and public safety grounds and that there will be no unacceptable environmental effects. Developers must prove that other options have been considered, and that the scheme with the least environmental impact has been chosen and that a series of specific criteria can be met.

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

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

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

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

POLICY D5 – SPECIAL LOCATION NEEDS In exceptional cases, permit the location of industrial or business developments on sites that have not been designated or safeguarded for business/industry if there are genuine ‘special location needs’ which cannot be met on a High Quality Employment Site or Industrial Site.

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

SPG – Development Briefs

SPG – Planning Obligations

SPG – Planning and the Welsh Language

SPG – Planning for sustainable building

SPG – Landscape Character

SPG – Wildlife Sites 2.3 National Policies:

Planning Policy Wales – edition 5, 2012

Chapter 3 – determining planning decisions and enforcing them Chapter 4 – planning for sustainability Chapter 5 – conserving and improving natural heritage and the coast Chapter 6 – protecting the historic environment Chapter 7 – economic development Chapter 8 – transport Chapter 13 – minimising and managing environmental risks and pollution

Technical Advice Notes (TAN)

TAN 5: planning and nature conservation TAN 8: renewable energy TAN 10: Tree Preservation Orders TAN 11: noise TAN 18: transport TAN 20: the Welsh language TAN 22: planning for sustainable buildings Minerals TAN (Wales) 1

3. Relevant Planning History:

3.1 There is extensive planning history related to this vast site, including:  Permission for preparatory work within the lowest part of the site, Glynrhonwy, to install infrastructure and create spaces in the form of ‘platforms’ for prospective users.  Applications to carry out work on protected trees.  Erect the Siemens factory and subsequent applications within the site.  Slate extraction  Restoration and landscaping work  As well as the various formal planning applications, it is also noted that ambitious schemes for developing this site have been discussed in the past, which include creating a holiday village, an indoor ski centre, a centre etc.

4. Consultations:

Waunfawr Community The proposal is supported in principle but concerns are highlighted Council: regarding the effect of heavy vehicles on houses, properties and children within the area of the road from Groeslon Waunfawr towards Cefn Du, need assurance regarding the scheme and who will protect the interests of the local residents, lorry times will have to be restricted, concern about the standard of the existing road.

Local Member for Waunfawr: Does not object to the proposal as plans to create energy through renewable methods are part of the Council and the Welsh Government’s adopted policies. However, there is a need to protect the interests of the residents along Cefn Du road from damage to their properties as a result of movements along the road. It must therefore be ensured that the road is upgraded before starting on the development, need a condition to safeguard the interests of local residents if properties are damaged, need to protect public footpaths and ensure that local labour is used, and offer appropriate training to local residents.

Llanddeiniolen Community Ask how the site will be connected to the national grid, will new Council: pylons need to be erected between the site and Pentir?

Llanberis Community Council: Not received.

Snowdonia National Park: Because of the nature and location of the development, it is not believed that the development would have an adverse impact on the amenities of the Park.

CADW: If mitigation measures are followed, namely record any building or structure to be demolished, record the landscape in general and record any monument discovered, there will not be a significantly harmful effect on the historic landscape of Dinorwig. It is acknowledged that there will be a significant impact on the Glynrhonwy quarry area, but this must be considered in the context of the current landscape character and its industrial use since the 19th century.

Gwynedd Archaeological A review of the archaeological assessment and a revised ASIDOHL Planning Service: are acceptable and reach the acceptable standard. Archaeological Assessment – the work is likely to uncover new remains, therefore it is recommended that a formal condition is included to ensure that these remains will be protected. ASIDOHL – the effect on the historic landscape is recorded as low, but it is clear that there will be a substantial impact and loss of existing features within the area of Glynrhonwy Quarry. The tunnelling will assist in reducing the impact; there will be no impact on the bomb storage site on the lower part of the Glynrhonwy site, and impact mitigation measures will need to be included through a formal condition.

Transportation Unit: No objection to the proposal in principle, but some aspects regarding the proposal remain unclear. Nevertheless, it is felt that these aspects could be managed through a condition and standard agreements. Cefn Du road – the work of widening the road means using land owned by other people, no evidence of agreements with these landowners has been submitted, the widening work is an essential element for providing a good quality road, without this element a suitable access cannot be gained for the Cefn Du part of the site. Details are managed and agreed through an agreement under section 278 of the Highways Act. Groeslon Waunfawr – there is reference in the information to a car park to be created in this area, although details of the location or the landownership were not submitted to correspond with this statement. Cefn Du Site – the proposal involves diverting the current road over the mountain (although it is not surfaced, it is a recognised classified road) as part of the existing road crosses a section of the proposed reservoir. It is unclear whether the diversion will be permanent or temporary, and if the diversion is necessary, then it should be minimal, this is managed through an agreement with the Welsh Government. The traffic flow will be heavy during the construction period, it is suggested that the developer commits and agrees to a joint monitoring arrangement with the highways department, and also suggest roads maintenance work and that the cost of any associated work is borne solely by the developer. A construction traffic management plan must be submitted before starting the work. It is suggested that conditions and further standard guidance are included in order to safeguard highway amenities.

Natural Resources Wales: Original observations were received separately from the Environment Agency and the Countryside Council for Wales. Since the merger of these bodies, a response was received following the re- consultation under the name of the new body, which incorporated the previous observations given by highlighting the need to include the previous observations and conditions of the ‘Environment Agency’, namely standard conditions with regard to protecting existing water courses and resources including Llyn Padarn, an instruction that an environmental licence is required for water discharge from the site to the lake, matters of site pollution/flood risk and drainage. They do no object to the proposal, but standard conditions must be included to avoid the dispersal of alien species within the landscape and water systems, and the development on the lakeside will be managed by including these new conditions and the previous conditions of the Agency, therefore it is not believed that there would be an excessive adverse impact on the Llyn Padarn SSSI. Bats – no adverse impact if the mitigation measures as noted are followed. Floating Water Plantain – a condition to conduct a survey of Llyn Padarn where the pipe will be installed in order to find what is there, although there is currently no record of the presence of protected plants. Birds – the presence of protected birds within the site, the proposed tunnelling will reduce the impact on them, but suggest a condition to safeguard them. Reptiles – a low number of examples using the site, but suggest a condition to safeguard them. Otters – although it is likely that otters use parts of the shoreline of Llyn Padarn for feeding/foraging/travelling, there is no evidence of resting/living holes there, but there is a need to be cautious during the construction period. Section 42 of the Species and Habitats Act – need to consult fully with other parties under these requirements, including the Council’s Biodiversity Unit, in order to ensure that all relevant matters are safeguarded. Landscape – the site is within the Historic Registered Landscape of Dinorwig and is close to the boundaries of the National Park. It is not considered that there would be an adverse impact on the Park, and due to the proposed tunnelling, the overall impact is reduced. Despite this, the effect on the character of Glynrhonwy Quarry will be significant, but by following the mitigation measures, there will only be a local impact on the historic landscape in its entirety. Connection with the electricity grid – it is stated in the information submitted that the connection between the site and the site of the national grid in Pentir will be made within the existing roads network. These exact details would have to be disclosed when the connection is made in order to ensure that there would be no adverse impact on protected species and sites. It is confirmed that if the development in its current form complies with the conditions submitted, there will be no objection to the proposal.

Biodiversity Unit: Initial observations were submitted expressing concern regarding particular aspects of the proposed development, extensive discussions were held regarding relevant matters and additional/revised information was submitted in response to the observations received. The relevant matters are noted below:  Habitats – based on the information that has already been submitted and more recent information, we do not request further information in terms of the botanical maps of the quarries.  Woodland – further assessments are to be held, these matters will be addressed when they are received (in accordance with a formal condition).  Invertebrates Survey – this survey was not requested prior to determining the application; it is considered that it will be possible to consider and assess the information when it is received before the construction work begins through a formal condition.  Bats – it is accepted that further surveys are being undertaken and that a mitigation strategy has been agreed on with NRW.  Birds – the information submitted (including the response of RSPB) and including a Statement of Method is acceptable. It is accepted that regular surveys are continuing and it is suggested that open areas are included in the assessments as well as the areas that have already been noted.  Plants – the observations regarding Wilson’s filmy fern are noted.  Fungi – the observations are noted.  Lichen – request a re-consultation to discuss relocation before this happens.  Badgers – note the information submitted, and request further discussions if badgers are found during the course of the surveys.  Fish – the information regarding the location of the outflow is noted.  Reptiles – agree with NRW, namely that details of the mitigation measures are included in a Statement of Method, in which conditions need to be stipulated to the full satisfaction of the local authority in consultation with NRW before the work starts.  Designated sites – note the observations and the ‘Determination of Likely Significant Effect’ assessment in relation to the new slate tips to be created by Nant y Betws and the possible effect on the Salmon features of the Afon Gwyrfai Special Area of Conservation. It is confirmed that all aspects are acceptable and that the development, if managed through relevant conditions, is not likely to have a substantial impact on the features of the Afon Gwyrfai and Llyn Cwellyn SAC.

Trees Officer: An initial tree survey was received and the matter was discussed at length. Concern has been noted regarding the effect of the development on ancient trees within the Glynrhonwy site that are the subject of a formal Tree Preservation Order.

Welsh Water: Standard conditions and advice regarding land drainage and safeguarding the network.

Fire Service: No observations.

Public Protection Unit: Suggest a series of strict conditions in order to protect local residents and businesses from unacceptable impacts and to protect the local environment. Because of the nature of the proposed development, the conditions suggested are very technical and require further agreement on a number of various aspects, such as:  Work hours/construction period  Noise  Dust emissions  Monitor pollution for a period of 10 years  Dust control system  Air quality  Lighting  Blasting  Tunnelling

Rights of Way Unit: It is proposed by the developer, during the construction phase, to (temporarily) divert five rights of way as well as part of the public road that runs from Waunfawr to Llanberis over Bwlch y Groes. Discussions continue between the developer and the Highways Authority in this respect, and there will be a need to agree on the exact locations of these diversions before the work starts. One of the five rights of way affected by the development will need to be diverted permanently, and it is suggested that this diversion is made under the provisions of Section 257, Town and Country Planning Act 1990. The line of the permanent diversion that has been suggested by the developer is acceptable to the Paths Section, provided the new path is built to a satisfactory standard. This will be discussed further with Quarry Battery. In order to divert any public path, the Council’s permission must be obtained, and it is therefore suggested that the right to divert the path is attached to the planning permission (if granted).

Public Consultation: Notices were placed in and around the site, including on the Glynrhonwy/Llanberis side and on the Waunfawr side. Notices were also placed twice in the local press in relation to two consultation periods which had begun on 13.11.12 and 19.06.13. Local residents were notified on both occasions and the re-consultation was sent to local residents and others who had responded to the original consultation, including individuals and groups who had shown an interest in the proposal, which include the Seiont, Gwyrfai and Llyfni Anglers’ Society, the Campaign for the Protection of Rural Wales, the Ramblers Association, FishLegal, the British Council, Nature Trust, Clwb Mynydda Cymru etc.

The re-consultation was held due to amendments and additional information that had been received, in accordance with Regulation 19 of the Environmental Impact Assessment Regulations 1999. Observations were received following the re-consultation, many of which reiterate what was said originally, and due attention was given to the content of the material observations.

The Quarry Battery company consulted locally before submitting a formal planning application, by holding a public exhibition/public meetings and publishing and distributing leaflets about the proposal to houses in the area. Furthermore, the company has been discussing a proposed development on this site with the local authority for some time, and opinions have been given regarding aspects of the development and amendments were made following the recommendations given, so that the application submitted was in the form suggested.

A vast number of letters / items of correspondence were received objecting to the original application based on:

 Concern about the short-term and long-term impact of the development on the area’s amenities, whether they are visual, historical, environmental/loss of habitats.  How will the electricity be transmitted from the site to Pentir? Concern about the use of pylons.  Effect on the historic/visual landscape and designated/protected sites.  Detrimental effect on wildlife/ecology/protected species.  A development of this size requires a decision on a national level rather than local.  Harmful effect on open lands/common land/obstruction of rights of way.  Loss of important archaeological remains and features/historic quarries in the Cefn Du / Glynrhonwy area.  Misleading/incorrect/inconsistent information.  Detrimental impact on the National Park  Pollution – noise, dust, light, vibration, blasting.  Increased traffic along the unsuitable Cefn Du road / effect on the Groeslon Waunfawr area / deterioration of local roads.  Detrimental impact on houses adjacent to Cefn Du Road.  Insufficient community fund.  Danger to current road users, including children in the Groeslon Waunfawr/Cefn Du road area.  Lack of full consultation.  Flooding  Inadequate assessments of environmental impact.  Effect on fish/spawning ground in Llyn Padarn, Llyn Cwellyn, /Gwyrfai.  Effect on the Arctic char in Llyn Padarn because of increased temperatures/associated work/change in levels/re-filling/water quality  No fishing survey  The emergence of invasive species  Lack of sufficient mitigation measures  Detrimental impact on tourism/events such as the Snowdonia Marathon  Concern about increasing traffic on the A4086 (Llanberis road)  Dam breach/damage.  Lack of compliance with adopted policies.  Lack of compliance with environmental policies and regulations, including an incorrect environmental impact assessment.  The development has been encouraged by the Council  Effect on designated/protected areas  A threat to the area’s status as a world heritage site.  Concerns about the infrastructure arrangements of the site/need to protect the interests of the residents of Cefn Du Road/damage to the road.  Lack of public consultation prior to and during the application.  Detrimental effect on Clegir Road.  The size of the development does not fit in within the local environment.  A change in the area’s ecological balance.  Lack of information on arrangements.  The use of Chwarel Fawr is unacceptable.  Lack of an element of local ownership which would benefit the local community.  This type of energy generation does not make the best use of resources.  Harmful effect on protected trees.  Specialist evidence/information submitted by inexperienced consultants.  Concern about water run-off from the site to houses in the Clegir area.  Unacceptable location / loss of habitats/historic and natural features.  Pollution of protected streams/rivers/lakes.  Loss of outdoor recreational resources.  The former development at Dinorwig Station has had a detrimental effect on Llyn Padarn, this is likely to happen again  No certainty of employment for local residents

In addition to the above, objections were received that were not valid planning objections which included:

 Health and Safety issues  No value for money considering the output created  Effect on private rights and lands  Loss of sites  Greater current damage from climbers  The developer’s background is unclear  Effect on private water supplies  Previous woodland clearing work has already affected local residents.  Concern about who the site’s developers would be if it was sold onwards  Loss of current skateboarding/cycling/climbing site  A recreational development such as a cinema would be more beneficial  Lack of consultation with nearby landowners  Effect on the value of a nearby woodland  The Council’s systems are not clear/accessible  The consultation was timed deliberately over Christmas/reduce the opportunities for people to object  The Council/councillors are being bribed Many letters/ items of correspondence were received which supported/gave observations on the application on the grounds of:

 The principle of the development is supported/a good idea  The damage to the environment would be minimal/it will be protected  The current site at Glynrhonwy is ugly and untidy  The Dinorwig Scheme has shown that the long-term impact is redeemed  This type of development is value for money  Support sustainable developments/local employment opportunities  Need to redevelop the Glynrhonwy site due to the investment that has already been made there  A development that will be of national benefit, making good use of resources  An acceptable contribution to the energy strategy  A local decision is needed  Increase the density of the national grid through sustainable means  Objections from a minority over protecting national interests is unacceptable  Good use of a previously developed industrial site

5. Assessment of the material planning considerations:

5.1 Principle of the development

5.1.1 This type of development obviously requires a location that offers the essential environments for it, which includes a landscape that offers specific physical features as in this case, which are:

 two or more quarries or reservoirs where water can be pumped from a low location to a high location within a relatively short distance, and within acceptable distance of the national grid.  a suitable geology which includes seams of the necessary permeability, such as the Llanberis slate formation.

5.1.2 The particular planning matters that relate to this proposed development are:  The sensitivity of the landscape – Snowdonia National Park, Landscape Conservation Area, Dinorwig Landscape of Outstanding Historic Interest, Common Lands, Access Lands (as designated under the Countryside and Rights of Way Act 2000), wildlife site.  The direct and indirect impact on protected areas such as Llyn Padarn, as well as protected species such as the Arctic char.  The need to obtain and approve further information through formal conditions in order to monitor the development in terms of the impact on the local area/environment/ecology/landscape and on local amenities, including the impact of and arrangements for transportation, work hours, noise, dust etc.  Economic implications and the benefit to the local population.  The potential to impose measures for mitigating the long-term effect due to the length of the work during and after completing construction, and the need for appropriate restoration of affected areas.  The need for the development. Policy C27 of the Unitary Plan states that renewable energy schemes must comply with a series of specific criteria and where appropriate, submit an Environmental Statement in order to weigh up the environmental implications of the development in full.  Policy C6 of the Unitary Plan relates specifically to the Glynrhonwy site. The plan recognises that a realistic but flexible approach must be taken with regard to any development of this site, but any such development must be in accordance with specific objectives, namely: - developments which would create new quality employment or leisure opportunities for the Llanberis area and beyond - developments which would create sustainable employment opportunities throughout the year to meet the specific needs of Gwynedd’s labour market - developments which would safeguard the culture and Welshness of the area in the interest of the local community - developments that would in terms of their design, scale and nature safeguard the area’s outstanding natural environment and the amenities of the local residents 5.1.3 As well as the guidance contained in these policies, there are further development guidelines for the Glynrhonwy site available in a specific development brief. The proposal for the site states: A mixed development which creates quality employment or leisure opportunities for the benefit of the communities of Gwynedd. A multi-use, exciting, attractive and sustainable development should be secured, which safeguards the area’s special visual and natural environment and which corresponds with what is noted in the adopted development plan for the site. This should contribute to economic and social development within the centre of Llanberis and its catchment area, as well as in other Gwynedd communities. 5.1.4 In terms of the application as it was submitted, the proposal involves creating two reservoirs, one on the upper level in the Chwarel Fawr area (CHF) which will measure around 510m wide (at its widest point) by 25m high, and the second within the existing Glynrhonwy quarry hole (GL) which will measure 215m wide (at it widest point) by 15m high. A tunnel boring machine will be used to construct the connection between the two sites, which means that over ground excavation will not be required for this element of the development. The finished underground pipes to serve the development would measure 4m wide.

5.1.5 The main building associated with the proposed development is to be located on a site known as platform 5 within the Glynrhonwy site, which is a plot that has already been developed under a previous planning permission by undertaking land levelling work and installing infrastructure and utilities in place. The building above ground will include a plant room with various equipment, a workshop, office and control room etc. Most of the space to be created will be located below ground, which will include a shaft, a generator/pump hall, a turbine hall, pipes in and out and a drainage system. The spillway and pumping station need to be located near Llyn Padarn and will be placed underground, away from the existing car parks of Y Glyn and close to the deep water of the lake.

5.1.6 Following initial discussions regarding the proposal, and in order to reduce any additional adverse impact on the Cefn Du road and specifically on local residents along the road and lower down in the direction of Groeslon Waunfawr and beyond, it was decided that creating new spoil heaps in the Chwarel Fawr/Cefn Du area from the waste produced from the tunnelling work would cause less disturbance to local amenities due to the reduction in the number of vehicles that would be required to transport the waste from the site. The new heaps are to be created adjacent and attached to the existing heaps. As already noted, and as is expected for an application of this scale and associated complications, the development has evolved and adapted over time as discussions have suggested changes, and reviews have meant adapting etc. It is true to say that there will be an impact on current open/green lands, but it is felt that this would be a short-term impact and that the largest part of the work would be undertaken within lands that have already seen development, such as in Glynrhonwy for recent industrial use or historically in the Cefn Du site for the .

5.1.7 The storage or construction compound would be built on an existing platform within the Glynrhonwy site for constructing the GL reservoir, whilst the same would be required by the CHF reservoir.

5.1.8 Access to the site, specifically to the Cefn Du side, is problematic due to the restrictive nature of the existing roads network and the likely type of vehicles that will need to visit the site. A transportation assessment was submitted as part of the Environmental Statement where the research undertaken on this element is noted. A proposed entrance to the Cefn Du site leads up from the A4085 main road through an existing junction by Croes y Waun, Waunfawr and then up through Groeslon Waunfawr towards Cefn Du. Obviously, there will be a need to improve many existing parts of these roads, especially Cefn Du road itself, which is likely to mean having to widen the road, provide passing places and improve the current surface of the actual road. The entrance to the Glynrhonwy side will be through an existing junction with the on the edge of the village of Llanberis. It is likely that minor changes will be needed to this junction for a short period of time during the development, but it will be restored after its completion. Clegir Road splits the site in two to all intents and purposes, leading from Llanberis towards Cwm y Glo/. There is no intention to use this road during the development, apart from periods of road closure when tunnelling work will be required close-by.

5.1.9 The proposal’s main element of using holes that have already been created on the side of the mountain means that only a small area of previously undeveloped land will be used. It is considered that the proposal which mainly uses the Glynrhonwy site for the development makes good use of previously developed land, and it must also be borne in mind that Glynrhonwy has been designated for redevelopment with no specific restriction as regards the type of industry or use that would be appropriate. The development includes an element where a new slate spoil heap would be created/added to an existing spoil heap, however, waste produced as a result of the tunnelling work will also be used to form the walls of the reservoirs and used in general within the site.

5.1.10 Dependent on full consideration being given to all other material planning considerations relating to the proposal and this type of development, it is considered that the principle of the development is acceptable and complies with the requirements of local and national policies and guidelines as well as the requirements of policies A1, A3, C3, C5, C6 and D5 of the Gwynedd Unitary Development Plan.

5.2 Visual amenities

5.2.1 A full assessment has been undertaken of the visual impact of the proposed development on the landscape, and in particular on the Dinorwig Outstanding Historic Landscape. This was done in the form of an ASIDOHL (Assessment of the Significance of Impact of Development on Historic Landscapes) following pre-application consultation with the Gwynedd Archaeological Trust and the Countryside Council of Wales (now known as NRW) as required and in accordance with the expected guidance. The ASIDOHL undertook a full evaluation of the visual impact of the development on the area of historic interest, the landscape conservation area and the Snowdonia National Park. The assessment has used various locations for views towards the site including computer images that have been created to demonstrate the development in its finished form within the site and within the broader landscape. The report assesses the direct and indirect impact of the development on the landscape from a broad perspective as well as the local impact, and suggests mitigating measures to reduce this impact. This assessment was amended following formal consultation with the Countryside Council/Natural Resources Wales, this was needed in order to confirm some specific aspects that were not included within the original report.

5.2.2 Additionally, full consideration was given to the contents of the area's designation on the LANDMAP system, it refers to and notes the importance of specific elements including Visual/Sensory, Historic, Habitats, Geological and Cultural elements. All of these elements are referred to as being of either high or outstanding value.

5.2.3 The consideration given to the significant impact of the development on the landscape’s visual amenities is determined by a combination of the magnitude of the impact and the sensitivity of the landscape’s setting to any change. The proposed development will have a direct impact on the landscape of the application site, which is inevitable due to the nature of such an application.

5.2.4 The sensitivity of the designated landscapes that surround the site have received full consideration. The distance and size of the development are essential considerations as the views of the site from afar will mean that the development will not be totally prominent from broader areas thus making good use of the site and the use of finishes that would be in keeping with its location.

5.2.5 The impact and effect of the development on visual matters and the landscape are assessed in terms of the broad impact, namely a combination of the development work within the site; movements; storing of materials and equipment; loss of existing elements within the landscape, especially the form of the landscape and views within the Cefn Du area; the current form of the land and vegetation during the construction phase, and following restoration work. The impact on the landscape will be reduced further by means of an agreement on the mitigation work and the restoration work including a robust landscaping plan that would specifically protect the area of the most prominent development.

5.2.6 The form of the development and the mitigating measures noted are an attempt to avoid, reduce and compensate the permanent environmental impact resulting from the work, this includes the latest proposal to tunnell rather than cut and fill pipes on the surface in addition to the following steps:

 Use previously developed sites for the permanent aspects of the development such as constructing the main building on a platform that has already been created for industrial development and which is screened by the presence of surrounding substantial trees.  Use of local slate as cladding for the buildings and general use of slate where appropriate including the construction of the reservoirs.  Plan the reservoir walls so that they convey and blend in with the scale and contour of the existing quarries and the landscape in general in order to convey existing appearances and forms thus avoiding an appearance that is excessively artificial.  The location of the new slate heap is intentionally placed in an area where it will blend in with the existing heaps and will be planned so as to encourage the growth of new natural habitats in order to reduce the visual impact, to safeguard from erosion and to encourage a broader range of biodiversity.  Any vegetation that has colonised the site naturally will be retained within the site.  Wherever practical, access roads will be surfaced and maintained with a material that is visually in keeping and blends into the landscape.  Natural stone walls will be retained and improved as deemed appropriate.  Should there be tree losses on account of the development, this will be compensated by like for like re-planting.  A fence will be erected around the reservoirs in order to restrict roaming animals.

5.2.7 It must be ensured that the site restoration work following the completion of such a development is undertaken with a regard for the area’s historic landscape and existing biodiversity. It must be ensured that expertise in experience of restoring this type of site is utilised in order to preserve the types of trees, bushes and heathers in addition to the grasses and wild flowers that are indigenous to the application area. It can be seen that work to restore this type of site has been achieved to a high standard in other parts of the county and this standard must me maintained along with securing full agreement on the type of measures to be undertaken.

5.2.8 The aim of any restoration programme is to encourage land restoration by using processes that are as natural as possible in succession of work of this type. As already noted, parts of the site have been restored naturally due to being left alone for a long period of time. The applicants are encouraged to consider this form of restoration when drawing up an appropriate restoration work programme for the site. The success of such a plan will be dependent upon regular monitoring and collaboration and on being coordinated as a strategy for the entire site.

5.2.9 The outcome of the effect of the development on the historic landscape of Dinorwig has been assessed by the Gwynedd Archaeological Trust / Natural Resources Wales as having a low impact, nevertheless it is obvious that the impact on Glynrhonwy will be significant. Albeit, previous work has already been undertaken within this site which has left a site that has obviously been transformed to a degree since its use as a working quarry. The losses within Glynrhonwy Quarry will be alleviated by including a formal archaeological condition.

5.2.10 In response to the consultation regarding this proposed development, Snowdonia National Park did not object to the proposal as it was not believed that the development would have an adverse impact on the amenities of the Park, due to the location and the nature of the development.

5.2.11 It is therefore considered that the plan as submitted with the proposal to restore sites along with a list of conditions as suggested, is sufficient to mitigate the impact of the development on the visual amenity and local landscape and therefore complies with the requirements of policies A1, B7, B10, B12, B14, B23, B27 of the Unitary Plan.

5.3 General and residential amenities

5.3.1 A full consultation was undertaken with relevant bodies such as the Environment Agency (prior to and following the establishing of Natural Resources Wales) and the Authority’s Public Protection Unit. It is acknowledged that this application is intricate and complex as it is not a common type of application in terms of its proposed development and magnitude. Some concerns have been expressed at times in relation to the contents of the information that was initially submitted and the impact of the development on material issues, however the applicant has since amended and updated the information and consequently, relevant conditions have been suggested and a request for appropriate permits before work can commence.

5.3.2 We must acknowledge by designating the site as a redevelopment site in the Unitary Plan, that development on the site is expected and that it forms part of a long term strategy for creating a development that generates quality employment opportunities for the benefit of the communities of Gwynedd.

5.3.3 There are a number of matters that could become apparent during the construction phase of an application of this type and magnitude that are controlled by regulations and by other Council departments and external agencies. Should planning be approved, the planning authority would not regulate all aspects of the development, however, by imposing and agreeing to details of stringent conditions, it is felt that matters relating to noise control, pollution, vehicle operations etc. would be safeguarded and that there would be no long term excessive impact on the amenities of local residents or the community in general by doing so.

5.3.4 The local Public Protection Unit has a responsibility over matters such as noise, light and the impact of vibration etc., any developer would be required to comply with restrictions such as those included within the Welsh Government’s current guidance on these aspects and the situation would have to be monitored regularly in order to ensure compliance. The need for a formal agreement with the Transportation Unit under the requirements of the Highways Act also brings an additional element of control relating to matters that would impact upon the local roads network and road users. There is no objection to the application on the grounds of these matters; however regular surveys and assessments will need to be held in order to ensure that these operations will not cause any impact. 5.3.5 There are no residential houses located directly adjacent to the application site, be that from Glynrhonwy or from Cefn Du, however, it is inevitable that this development will occasionally affect the residential amenities that lie beyond the site’s parallel boundaries. Dispersed housing/buildings are located within the Clegir area and near the A4086 highway on the peripheries of Llanberis, there are also a number of houses in the Groeslon Waunfawr area and off Cefn Du Road. The effect on the residents of these houses is likely to be a short term effect to a degree as it is intervention during the construction phase that is most likely to occur such as movements from heavy vehicles, noise, lights etc. It must also be noted that there is potential that houses in the Fachwen and Dinorwig areas will also be visually affected as they are located directly adjacent to the Glynrhonwy site across the valley.

5.3.6 By imposing the stringent and comprehensive planning conditions as suggested by the Public Protection Unit and the Transportation Unit and by complying with the requirements of other relevant regulations in order to ensure that matters relating to noise, vibrations, vehicle operations etc. are controlled and monitored; it is not considered that there would be a long term excessive harm to the amenities of local residents. Therefore, it is considered that the proposal complies with the requirements of policies A1, A3 and B23, B33 and B34.

5.2 Transport and access matters

5.4.1 It is inevitable that the proposed development will affect transportation, the local roads network and matters relating to access from time to time due to the need for vehicles and substantial machinery to undertake the work and the workforce numbers that will be required during the construction phase. The development would also affect the ability to use existing paths and rights of way. A detailed assessment was held in the form of a formal Transportation assessment during the construction and operational phases on the CHF and GL sites. The number of movements were assessed and measured against existing traffic levels with attention also given to the form of crucial vehicular routes. The assessment found that the local road network would have the capacity to accommodate all movements to an extent that would not excessively compromise existing movements.

5.4.2 Nevertheless, it is inevitable that occasional disturbance will occur, and this is acknowledged. In order to ensure that this impact is kept to an acceptable level, it is intended to compile a Transport Management Plan and a Travel Plan. »These plans are to be formally submitted for approval, and they will demonstrate how traffic will be managed, how delays will be managed, how vehicle, cyclists and pedestrians’ movements will be managed, in the event of occasional road closures or diversions.

5.4.3 Due to the nature and built form of the houses along Cefn Du Road, an evident concern has been expressed by the residents of these houses (and in general in the areas of Cefn Du and Groeslon Waunfawr) regarding the effect of heavy vehicle operations on their houses and on their general amenities. The developer has mentioned possible measures in response to these concerns, including undertaking surveys of the houses prior to the development and following its completion in addition to improvements to Cefn Du Road itself. This is described within the submitted Planning Statement with a proposal to create a fund that will address any work that is insufficient or sub-standard (this is a civil matter and arrangement between the developers and local residents). Additionally, a formal arrangement is required by means of an agreement pursuant to section 278 of the Highways Act to undertake work on the local roads network and to ensure that the roads being used are left in an acceptable standard. The proposal affects the unclassified road across Cefn Du which is a road that has historically connected Waunfawr and Llanberis. Before commencing any section of the development, this road must be restricted/diverted formally under section 247 of the Town and Country Planning Act 1990. The road is to be diverted by some distance from its current route during the construction phase, but once the work is completed, the diversion will be a reasonable one as it will adhere closely to the current line of the road.

5.4.4 It is considered that there is sufficient space within the Glynrhonwy site to hold vehicles and that arrangements will be put in place for the same provision at the Cefn Du side of the development. The nature of the development and the landscape is likely to create problems in terms of accessibility for those with mobility issues, however; the accessible elements would have to comply with the requirements of access for all, thus ensuring access for all. In doing so, and with additional arrangements relating to highway issues that will be agreed formally by means of stringent conditions and the requirements of the Highways Act and Regulations, it is considered that the requirements of Policies CH30, CH33 and CH36 would be met.

5.4.5 The development is going to have a direct effect on rights of way within specific areas of the site, and in the CHF/Cefn Du area in particular. The authority’s Rights of Way Unit has held discussions with the developer following a proposal to divert routes within the development area on both an interim and permanent basis. Additionally, land within the Chwarel Fawr area has been designated as land with access rights under the Countryside Rights of Way Act 2000 (CRoW) as it has been designated as registered common land. The public has the general right to roam such sites, and as CRoW land expands across approximately 55% of the proposed development site’s land, there is a need to secure clear agreement in relation to the relevant legislation in terms of interim and permanent rights of way arrangements across the site.

5.4.6 Some land used for grazing is likely to be lost, green land and lands with mountainous features such as those seen in the Cefn Du area will also be lost, which is unfortunate given its long use and the re-establishing of habitats that took place following the demise of the slate quarries. However, none of the relevant bodies have submitted observations that object to losing these lands, and as already noted, any loss of trees for example, will be mitigated through replanting and general landscaping.

5.4.7 It is noted here that part of the site that surrounds Chwarel Fawr, is within land that has been designated formally as Common Land; this means that any construction work within this land will require separate approval from the Welsh Ministers in accordance with the Law of Property Act 1925.

5.4.8 It is therefore considered that the proposal, with further controls by means of the requirements of relevant regulations and conditions, is acceptable and therefore complies with the requirements of policies A3, CH22, CH25 and CH29 of the Unitary Plan.

5.5 Biodiversity Matters

5.5.1 The location of this proposed development includes sites that are important in terms of biodiversity, protected species, trees subject to Tree Preservation Orders, the ecology of the area in general and specific sites that have a protected status, such as Llyn Padarn and indirectly, the river Gwyrfai. The development has been fully assessed in terms of the potential effect on the Llyn Padarn Site of Special Scientific Interest and the Afon Gwyrfai a Llyn Cwellyn Special Area of Conservation. These areas possess extremely important features, and the main features include the presence of the Arctic char in Llyn Padarn and salmon in the Gwyrfai. Also prominent within such an extensive site, and following a long period of disuse, is the re-emergence of plants and wildlife within the quarry areas, protected trees, protected species also make use of empty areas etc. Within the high landscapes in the area that surrounds Chwarel Fawr, common features of this type of lands can be seen including the presence of plants such as heather, grasses etc.

5.5.2 Gwynedd Council, as the approved authority, has undertaken a `Determination of Likely Significant Effect’ in order to consider the side effects of the development on the salmon using Nant y Betws and Afon Gwyrfai, consequently it was found that by imposing safeguarding conditions and regular monitoring, there would be no harmful effect on the integrity of the protected site.

5.5.3 The Environmental Impact Assessment includes surveys and assessments for a wide range of wildlife and vegetation and it is considered that the submitted information is of an acceptable standard. Conditions have been imposed as suggested by NRW (which initially were submitted separately by the Environment Agency and the Countryside Council for Wales) to receive and approve further work and to receive further assessments. It is noted that comprehensive restoration work will be required once the work is completed not only in the interest of views and impact on the landscape but also in order to restore habitats.

5.5.4 NRW and Gwynedd Council’s Biodiversity Unit suggest imposing stringent conditions in order to safeguard these relevant matters and they are of the opinion, that in doing so, there is no objection to the principle of the development provided that it can be demonstrated by means of details and further monitoring that there would be no long term significant harmful impact on the protected areas and species, including Llyn Padarn and Afon Gwyrfai.

5.5.6 Natural Resources Wales confirm that they agree with the conclusions of the ‘Determination of Likely Significant Effect’ namely that the proposal is not likely to have a significant effect on the Afon Gwyrfai a Llyn Cwellyn Special Area of Conservation.

5.5.7 Therefore, it is considered that full consideration has been given to all the submitted information, the observations from statutory consultees and the observations of objectors and by imposing conditions (including the request for and approval of a Construction Environmental Management Plan) as suggested it is possible to ensure that full protection is sustained and a clear agreement can be realised in relation to these matters, in doing this, it is believed that the requirements of national planning policies and guidance will be met along with policies A1, A3, B15, B16, B17, B20 of the Unitary Plan.

5.6 Archaeological Matters

5.6.1 It is apparent that the greatest impact on locations of Archaeological interest will be due to the construction work itself, and therefore, a detailed survey has been held of these sites in the form of a formal Archaeological Assessment. The main affected areas will be Chwarel Fawr and Glynrhonwy, it has been confirmed by the Gwynedd Archaeological Planning Service that this impact would be significant. However, as the significance of the effect on these sites is obvious no further assessment would be required prior to approving the planning application (this is in accordance with the instructions of the 60/96 Welsh Office circular).

5.6.2 The actual effect of the development on archaeological remains is not known as it is possible that further remains will be discovered as these sites are developed, therefore a request will be made to receive a thorough work programme before work commences in order to identify and record remains and to mitigate the development’s effect on the area of interest.

5.6.3 This element can be controlled with a formal condition as suggested by the Archaeological Service and it is felt that by doing so, the requirements of policy B7 will be met.

5.7 Public Safety and Crime Prevention

5.7.1 Current access to the site is restricted for obvious reasons, namely health and safety and to safeguard private land. Locations such as slate quarries are extremely dangerous, and although an attempt has been made by the Council to secure sites, there have been incidents of break-ins at times with recreational use being made of various areas within the site such as climbing, skateboarding, cycling etc. – mainly in Glynrhonwy.

5.7.2 During the construction phase, it is intended to contain the construction compounds and plant/machinery stores within a secure fence and directional security lighting will be used in key areas.

5.8 Sustainability Issues

5.8.1 Achieving specific building standards relating to sustainability matters is essential and is required by current and relevant legislation. It is usual practice to impose conditions in order to achieve these appropriate standards and this will be further controlled through the Building Regulations system, and in doing so, it is considered that the requirements of policy C7 will be met.

5.8.2 Energy generation in Britain at the moment is mainly dependent on fossil fuel methods. It is recognised that there is a need to move away from this method of energy generation and to invest in more sustainable and renewable developments.

5.8.3 Local and national policies and guidance encourage developments that move in this direction, however finding locations for these developments can be contentious and problematic at times. In this case, a definite and specific location is required for such a development, in Glynrhonwy it can be seen that the conditions are suitable for the scheme whilst it also makes suitable use (in part) of a site that has already been developed.

5.8.4 Renewable energy developments of varying nature are now being realised locally and nationally. In this case, claims have been made by members of the public that this is not the most sustainable method of generating electricity (namely the element that uses electricity when pumping water from the lower reservoir to the upper reservoir). A wide range of renewable energy developments are needed so that they supplement each other and contribute towards national requirements by leaning away from the traditional means of generating electricity. Although the contribution made by this source would be relatively small, it is however an important contribution towards the aim of generating electricity by renewable means. It can be seen that the important development at Dinorwig (which is on a significantly larger scale), located literally across the valley, has succeeded in generating renewable energy in this form and seems to be flourishing.

5.8.5 It is considered that these conditions are in keeping with the development’s requirements, the type and form of proposed development is important towards reaching the national targets that in turn contribute towards international targets. The contribution, despite how small it is in terms of what is generated, brings extensive benefits and meets the requirements of national guidance and directives and the requirements of policy C27 of the Unitary Plan.

5.9 Relevant planning history

5.9.1 As previously noted, this site has been deemed for some time as a site for significant developments in the area, mainly in relation to leisure/tourism uses. No formal decision has been undertaken on these developments through the planning system.

5.9.2 The most prominent development seen on the site that is the subject of planning history is the extensive site of the Siemens factory (formally known as Euro DPC). No observations were received from the company and therefore it is not considered to be a cause for concern in terms of the effect of this proposed development on the site’s operations.

5.9.3 The sites described as ‘platforms’ that are already partly developed within the Glynrhonwy site continue to be available for prospective users and it is not felt that this development would have too excessive an impact on the development of these sites in future.

5.10 The economy

5.10.1 Developing this site in the form shown means that there will be opportunities to create jobs in the short term and long term. Obviously, it is hoped that local residents will benefit from these opportunities during the construction phase and in the long term when the site becomes operational. Nevertheless, there is no way of insisting or securing this due to European legislation which allows workers within the European community to work within the borders of any fellow member countries.

5.10.2 Due to the size of the development and the importance of developing the site which has been designated as a Strategic Development Site for the benefit of the communities of Gwynedd, the hope is that the local population will benefit from the development and that there will be opportunities to create permanent rather than seasonal jobs that will help to retain young local individuals in the area in the long term interest of local communities and the Welsh language.

5.10.3 It is not considered that approving this development would impact on aspects such as tourism and attractive scenery within the area. Snowdonia National Park did not object to the application in terms of impact on the Park’s amenities. As can be expected at times during the construction phase of a scheme of this magnitude, there will be occassions where the local landscape will be disturbed from viewpoints located close by and from afar, but it is felt that this impact would only occur in the short term. Note the Dinorwig Station site and how it has blended with its location and now forms part of the landscape (for many, the Marchlyn reservoir is not prominent due to its form and due to re-instating natural habitats). This phase will not be ideal in terms of its visual effect on this striking area, but once completed (in accordance with the requirements of stringent conditions), the hope is that it will blend into its area in terms of views and possibly be promoted as an additional attraction to the area as witnessed in the case of Dinorwig Station.

5.10.4 It is not considered that the observations made by the public in relation to the loss of existing leisure resources are relevant as a number of the sites used are private lands and therefore individuals have trespassed in gaining access to these sites and using them. Therefore, it is not considered that approving this application will lead to the loss of local leisure facilities.

5.10.5 It is considered that there would be a local benefit to approving this development and therefore it would comply with the requirements of policies A2, A3 and C6.

5.11 Flooding issues

5.11.1 Consideration needs to be given to more than one aspect relating to the issue of ‘flooding’ in this case, namely a development that has the potential of causing flooding directly and indirectly and the general impact of approving this development on related matters such as water supplies, surface water and existing water tables in the area.

5.11.2 Thorough assessments have been undertaken and published in the form of a Flood Consequence Assessments and a Dam Breach Assessment as part of the information submitted with the application. This information which refers to the relevant matters as noted above, has been assessed by the relevant consultees namely the Environment Agency/Natural Resources Wales which has stated that such matters can be controlled with conditions that protect the interests of local residents and the area in general.

5.11.3 In summary, they state:

 The greatest and significant risk associated with the proposal is a dam breach. The detailed design of any new large reservoirs covered by the Reservoirs Act 1975. The design and construction of such reservoirs must have an appointed Construction Engineer under the ‘All Panel List’.  If a newly constructed reservoir is carried out under the Act this does not eliminate any breach. There is always an inherent risk associated with such dams. Due to the requirements of the RA, the probability of a breach is likely to be low.  We refer you to the breach assessment as part of the Flood Consequences Assessment and advise that the input of your Emergency Planners should be sought with respect to this aspect.  The detailed design must ensure that suitable lining of the reservoirs (and under drainage) is addressed to ensure fractures and fixtures in the area do not allow unacceptable flow paths from the reservoir.  The pumping house is to be located in the flood risk area adjacent to Llyn Padarn. Mitigation measures are proposed to limit the impact of flooding. Additional freeboard should be provided above the estimated floor levels along with agreed flood plans.  Further investigations at the detailed design stages will be required on sub ground flows.  With regards to surface water management: No ground investigations have been carried out at this stage, to determine infiltration for managing surface waters. Surface water arrangements should not increase flood risk by overloading receiving watercourses elsewhere. Attenuation will be required in order to manage discharge rates and will need to be agreed.  Any controlled releases from the reservoir must be agreed.

5.11.4 Therefore, we can conclude that the work as submitted, has investigated all the necessary sources of flood risk for this phase of the current planning application. A further abstraction licence will be required for any abstraction greater than 20 cubic metres a day, this means that an abstraction licence will be needed for the abstraction that will initially fill the reservoir and it is likely that there will be a need to agree on the timings of discharge from GL to Llyn Padarn, depending on the volume of water in question. Therefore, given that there is no objection to the proposal subject to submitting and approving further measures through formal conditions, it is believed that the proposal is acceptable and complies with the requirements of policies B32 and C29.

5.12 Infrastructure matters

5.12.1 In terms of the Glynrhonwy site, work has already been undertaken in providing purpose built platforms with the intention of creating employment opportunities. This work has been entirely funded by the work programme of the Môn Menai Strategy, namely a project compiled by the Welsh Assembly Government to encourage developments and investments across the extensive area of north west Wales. The site contains a network of standard roads, drainage systems, electricity supply (recently upgraded) etc.

5.12.2 One constant concern raised by the observations/objections received as part of the consultation was how the connection between the site and the national grid would be established. The local planning authority also shares these concerns as there is no presence of electricity pylons in the area at the moment, such as those that can be seen further down the valley for example. The presence of pylons in the Peris Valley would be unacceptable due to the harmful impact on the landscape. The applicant has stated that the intention would be to have an underground connection from the site to a sub-station in Pentir and to use the local road network. This element would be beyond the boundaries of the proposed development and subject to further approval.

5.13 Community benefit

5.13.1 The developers have submitted an information pack that explains how they would contribute via a Community Fund, towards local projects or the work of local groups (this is commonplace in relation to projects of this type and magnitude and is in accordance with national directives). They state:

 That the development of the proposed scheme in Glynrhonwy by the Quarry Battery company offers benefits to local communities in five different routes:  1) Direct contribution of £250,000 to fund local community projects based on £125,000 made available at start of construction and the balance on commissioning the facility;  2) Direct contribution of £10,000 per annum to support ongoing local community projects.  3) Jobs and economic benefit during the construction phase;  4) Long term jobs during the operational phase;  5) Long term payments of business rates.

5.13.2 The Terms of Reference of any Community Fund would be subject to agreement between Quarry Battery Company and Gwynedd Council. It is intended to draft the Terms of Reference in collaboration with Council officers and Quarry Battery Company. As Gwynedd Council is the local authority and the principal landowner in the context of the entire site, the community contribution must be secured via a formal legal arrangementssuch as a 106 agreement or through the rental/sale agreement of the land.

5.13.3 There is no final agreement regarding the details of this arrangement or the amount that is proposed by the developer, negotiations will take place between staff at the department, the Property Unit and the Legal Section in terms of the exact arrangements and the expected amount once they receive the right to act.

5.14 Community and Linguistic Statement

5.14.1 This report was submitted as a formal assessment of the effect of the proposed development on the local community and the Welsh language. Discussions were held with the Policy Unit regarding the matter, and it was discovered that this type of assessment would be appropriate and that it has been compiled in accordance with the requirements of the Supplementary Planning Guidance: Planning and the Welsh Language which has been adopted by Gwynedd Council.

5.14.2 The statement explains how the proposed development is likely to have a positive impact on the community on a local and broader level and on the Welsh language, in particular:

 Long term and short term work opportunities.  Developing a site of historic interest by retaining and expanding important existing features for the future and safeguarding the natural environment in terms of the landscape, ecology and cultural legacy.  Maintaining rights of way by diverting paths during the construction phase and re- instating them following the completion of the development.  Sustainable development as it will have a long term life of at least 125 years.  Following the public exhibitions held, 76% of people who responded during this phase said that they were supportive of the proposal.  The Welsh language receives equal status from the Quarry Battery company, and it can be seen that Welsh received equal status at the exhibitions held by them and in the materials produced by them.

5.14.3 It is considered that this document is in accordance with the Supplementary Planning Guidance: Planning and the Welsh Language. It refers to the relevant matters and confirms that this development will benefit the community locally by offering work opportunities and will secure a future for young people enabling them to stay in the area while also reinforcing the status of the Welsh language.

5.15 Any other considerations

5.15.1 Information was received that was supplementary to what was originally submitted, and it is considered that this information had been informed appropriately and in accordance with the requirements of the relevant regulations. Copies of this additional information were uploaded to the Council’s website, and posted in accessible locations such as the service’s office in Pwllheli, the Council Headquarters in Caernarfon and the library in Llanberis.

5.16 Response to the public consultation

5.16.1 As noted previously, a substantial number of responses were received to the public consultation either in favour or against the proposed development. The main concerns noted included the impact on the amenities of local residents; transport matters; effect on the landscape; loss of resources/rights of way; harmful environmental effects; compliance with the requirements and procedures of relevant regulations; effect on the area’s ecology; effect on protected sites and species especially Llyn Padarn/char/Afon Gwyrfai, archaeology and the historic landscape etc.

5.16.2 The Local Planning Authority has fully considered these objections as relevant considerations when preparing a recommendation for this application. Additionally, the relevant considerations that apply to this application have been incorporated in the report and assessed in accordance with relevant policies and guidance. Consequently, and having fully considered the matters noted, it is believed that the application is acceptable and with further management and monitoring established through a formal agreement, it is believed that this significant development will be acceptable. Input will continue from the Local Planning Authority and other relevant bodies such as Natural Resources Wales, the Archaeology Service, the Transportation Unit, Rights of Way Unit and the Public Protection Unit etc.

6. Conclusions:

6.1 This proposed development is likely to affect the local landscape during the construction phase and for a period of time following this until the mitigation measures have been established. The most prominent effect is likely to be mainly on the Cefn Du/Chwarel Fawr part of the site, this site was obviously a busy industrial area once and the period of disuse has witnessed substantial parts of the area being re-established naturally. However, it is considered that the long term effect of the development will be mitigated and that the permanent elevations will not have a harmful effect on the local landscape in terms of views from close-by and from a distance. It must be borne in mind that most of the proposed development will be located within the Glynrhonwy site which is already developed and has been formally designated as a Strategic Development Site in the Gwynedd Unitary Development Plan; therefore it is considered that the principle of development has already been accepted and there are no material planning policy matters to state otherwise or to justify refusing the application.

6.2 The development has been assessed in full and it has been stated that it would not have a direct or indirect harmful effect on protected species or sites, including Llyn Padarn and Afon Gwyrfai. A number of further assessments must be received and agreed to by means of arranging formal conditions and a licence must be granted for aspects of the development prior to commencing the construction work.

6.3 This type of development requires specific locations, conditions and resources. This site as a whole is able to offer this and it will make a substantial contribution to the local economy in the short and long term. 6.4 There is a need to ensure that the restoration plans for the most prominent areas are undertaken with full agreement of the details of the proposed work, and equally important will be the need to ensure that regular and thorough monitoring is undertaken in order to ensure that habitats and vegetation are reinstated in accordance with the recommendations of the assessments that are agreed to as well as the information submitted in the Environmental Statement.

6.5 Therefore, to summarise:

 The development is acceptable in principle and it would contribute positively to generating energy through renewable methods in Gwynedd and is located within a site that has been designated as a Strategic Development Site, it is considered that this is in accordance with local, regional and national policy requirements, and policies A1, A3, C27, B23, C3, C5, C6, C27, D5 in particular.  A landscaping plan must be agreed along with the details of site restoration, and in doing so, the requirements of policies A3, B23 and B27 will be met.  The development would make a substantial contribution to the local economy by providing work opportunities and offering financial contributions for the benefit of the local community (formal agreement is required regarding the exact arrangements and the level of contributions made), therefore; it is considered that the proposal complies with the requirements of policies A2, A3 and C6.  The application has been fully assessed in terms of its effect and impact on archaeological matters and matters relating to the landscape including the Dinorwig Outstanding Historic Landscape and Snowdonia National Park. It was found that there would be no long term direct or indirect harmful effect and therefore the proposal is not contrary to the requirements of policies B7, B10, B12, B14 and B23.  In accordance with the requirements of stringent conditions as suggested by other services and external agencies and with thorough and regular monitoring and management, it is considered that thorough safeguarding measures will be put in place in order to ensure that the development (especially during the construction phase) will not have a harmful effect on the environment locally, such as the local water environment or the integrity of designated areas such as Llyn Padarn and Afon Gwyrfai. In doing so, it is considered that the requirements of policies A1, A3, B15, B20, B23, B32, B33, B34 are met.  Implementing the proposed restoration work would involve creating and managing habitats; mitigating measures; landscaping work and landscape restoration especially for protected species, this is done in order to avoid any long term harmful effect on the area’s wildlife. This work will be undertaken by submitting and agreeing to the contents of additional specific work programmes and assessments in addition to compliance with information already submitted, such as the Environmental Statement. It is likely that there will be a negative impact on some of the protected trees within the Glynrhonwy site. Every effort will be made to protect and preserve these trees by imposing conditions that require further information in the form of detailed plans, the approval of a management plan and designating specific areas to be protected in full from any development. It is difficult to determine this matter beforehand, as the detailed assessments and surveys will be undertaken at a later point, and the picture will become clearer once these have been completed. By agreeing formally to these details, condition B19 will be met.  A Determination of Likely Significant Effect was undertaken under the Habitats and Species Conservation Regulations 2010 due to the potential effect the development would have on one of the five features of the Afon Gwyrfai and Llyn Cwellyn Special Area of Conservation. It was found that the development is not likely to affect the features of this important conservation site. Additionally, a full assessment has been undertaken of the relevant ecological/environmental statements that were submitted in relation to the protected species, ecology, the Llyn Padarn Site of Special Scientific Interest etc. This information along with the amended information received at the request of the Countryside Council for Wales / Natural Resources Wales has been confirmed as acceptable and a series of stringent conditions will be imposed including agreeing on a Construction Environmental Management Plan to the satisfaction of the local authority in consultation with NRW. It is therefore considered that the proposal is acceptable and meets the requirements of policies A1, A3, B15, B16, B17, B20.  Including relevant conditions and the need for further approvals in accordance with associated relevant regulations such as the requirements of the Highways Unit, Public Protection Unit, sustainable development etc. means that there will be further control over aspects that have the potential of impacting or creating a nuisance for local general and residential amenities including rights of way, movements and the local road network, noise etc. By agreeing on measures and work details and monitoring the work undertaken, it is possible to satisfy the requirements of policies C7, C29, CH22, CH25, CH29, CH30, CH33, CH36.  The proposed development makes appropriate use of the natural and present form of the site.  This type of development requires specific conditions and locations, and the suitable geology of the slate formations in Llanberis for example is crucial and appropriate to the development.  The proposed work programme will be submitted by means of a formal condition, and in particular will include the timescale and the step by step development details. By agreeing to such details, the development will be managed to ensure that the amenities of local residents will be protected.

7. Recommendation:

7.1 To delegate powers to the Senior Planning Manager to approve the application, subject to agreeing on conditions and agreeing on the arrangements of the community fund including the level of likely contributions.

Conditions:

1. Time 2. Comply with plans 3. Details of materials and detailed structural plans 4. Archaeology 5. Highway matters 6. Natural Resources Wales conditions (in terms of ecological matters and in terms of safeguarding the environment) 7. Biodiversity matters 8. Trees matters 9. Welsh Water conditions 10. Public Protection Matters 11. Rights of Way 12. Landscaping

Number: 4 Application Number: C13/0145/18/LL Date Registered: 19/02/2013 Application Type: Full - Planning Community: Llanddeiniolen Ward:

Proposal: CONVERT FORMER CHAPEL INTO 7 BEDROOM HOLIDAY ACCOMMODATION Location: DINORWIG CHAPEL, DINORWIG, CAERNARFON, GWYNEDD, LL553ER

Summary of the Recommendation: TO APPROVE SUBJECT TO CONDITIONS

1. Description:

1.1 This is an application to convert a former chapel into a seven bedroom holiday accommodation.

1.2 The site is located within the dispersed settlement and rural village of Dinorwig, with the building identified as a fixed part of the rural village. There are other houses surrounding the site on each side. The existing building is a former chapel that has currently no use. The building is substantial and measures 12.3m by 17m and 8m in height to the eaves, and 10.5m high to the ridge. There is an associated Chapel House with the chapel which is owned by the same people. The existing building is typical of a chapel with a slate roof and slate cladding on the south-western elevation. There are windows on two levels on the building’s sides which creates symmetry. The south-eastern gable end includes three arch windows and an arch door which also has a fairly modern porch in front. The floor plan is also typical of a chapel and includes an open floor and a gallery above. The building has a fairly substantial curtilage which is located to the side and to the rear of the building. The existing vehicular entrance to the site has traditional pillars.

1.3 The proposal involves converting the existing building into a seven bedroom accommodation. It is intended to retain the existing entrance as it is, and provide parking and turning spaces for five vehicles within the curtilage. It is proposed to raise the ground floor level within the building and create a first floor with mezzanine floor above. It is intended to leave the area within the main entrance to the building (where the large arch windows are) as an atrium-type foyer, with stairs leading up to the first floor. It is intended to divide the space on the ground floor to create six bedrooms and a jacuzzi room. It is intended to install partitions on the first floor in order to create an open cooking, dining and lounge space together with one bedroom for a disabled person and create a mezzanine floor above in order to create a study and a games room. All the bedrooms include en-suite bathrooms.

1.4 It is intended to retain all the external openings apart from one set of ground floor and first floor windows on the north-eastern elevation that face the curtilage, where it is proposed to extend the openings to create ground floor and first floor doors and install steps from the curtilage up to the first floor. It is intended to provide bin storage in the space under these steps as well. It is proposed to retain the slate roof and install new roof windows and new PV panels on the south-western elevation. It is proposed to retain the slate cladding on the south-western elevation together with the stone and render finish. It is proposed to install aluminium windows to replace the existing ones. 1.5 When the application was submitted originally, the proposal included the provision of a new septic tank to deal with sewage, but by now it is proposed to connect to the main sewer instead. The application also includes a design and access statement and a bat survey.

1.6 The application is resubmitted to the Planning Committee in order to hold a site visit and also to confirm the draining situation in relation to Welsh Water; to confirm the opinion of the Transportation Unit on the proposal as well as confirm the use of the room for a disabled person.

1.7 The applicant has confirmed via e-mail that they do not intended to provide multi-use facilities for disabled people, but only provide a more suitable room for a family member who is older or less able physically by providing a room on the first floor with access straight from the parking spaces up a few steps. The applicant has provided this based on a discussion between the applicant and holiday home agents as the area itself is not appropriate for full-time wheelchair users.

1.8 References to drainage and highway issues have been noted in the relevant areas of the following assessment.

2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009:

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

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

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

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

B25 – BUILDING MATERIALS – Safeguard the visual character by ensuring that building materials are of high standard and complement the character and appearance of the local area. C4 – ADAPTING BUILDINGS FOR RE-USE – Proposals to adapt buildings for re- use rather than demolish them will be approved provided that specific criteria can be met. These relate to the suitability of the building for the proposed use, visual considerations and that the design respects the original building and the surrounding area. Buildings in the countryside must be permanent and structurally sound. Their conversion should be possible without the need for substantial construction work. They should not either disperse activities on such a scale as to harm the vitality of towns and villages.

CH33 – SAFETY ON ROADS AND STREETS – Development proposals will be approved if they comply with 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 developments, extensions to existing developments or change of use will be refused unless off-street parking is provided in accordance with the Council’s current parking guidance. Consideration will be given to the accessibility of public transport services, the possibility of walking or cycling from the site and the proximity of the site to a public car park. In circumstances where there is an assessed need for off- street parking and where the developer does not offer parking facilities on the site, or where it is not possible to take advantage of the existing parking provisions, proposals will be approved provided the developer contributes to the cost of improving the accessibility of the site or providing the number of necessary parking spaces on another site nearby.

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

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

Supplementary Planning Guidance – Holiday Accommodation – July 2011

2.3 National Policies:

TAN 12 Design Planning Policy Wales (Edition 5) (2012)

3. Relevant Planning History: None

4. Consultations:

Community/Town Council: No response

Transportation Unit: No objection. Propose a condition to ensure that the parking provision is achieved.

Natural Resources Wales: Confirmation has been received that drainage matters are now acceptable and that the development proposes to connect to the main sewer. Welsh Water: No objection to the proposal to connect to the main sewer which in this case means an existing public septic tank that is maintained by Welsh Water.

Biodiversity: Propose conditions to ensure that bats are safeguarded, including ensuring that work to remove slates takes place during the months of September/October or April/May to avoid bat roost damage, along with ensuring that bat-friendly chemicals for treating trees are used, and that there is sufficient space behind the slates for a bat roost.

Gwynedd Archaeological Trust: The Trust is of the opinion that the proposal is not sympathetic to the original building. Propose a condition to ensure a photographic record of the building.

Public Protection Unit: Request further details on whether the proposal uses private sewerage systems. Have now received confirmation that it intends to use public systems.

Public Consultation: A notice was posted on site and nearby residents were informed. The advertising period ended on 13.05.2013 and 10 items of correspondence were received objecting to the application, along with a petition and notes from meetings that have been held by objectors, based on the points below: Road issues  The road is narrow with blind turns, and the entrance at the end of the road is dangerous and awkward.  The road is used by vehicles, pedestrians and cyclists but there is no pavement.  The road does not lead anywhere, only to provide access to residential houses.  Vehicles, vans and lorries often meet each other and have to reverse, or become stuck in the deep ditches, or are too large for the road.  The existing boundary walls on the road are dangerous and in a very poor condition.  The proposal does not comply with the requirements of sustainable transport. Parking  The parking provision is not sufficient.  There are already parking problems in the area.

Pollution  Noise pollution during the conversion work.  Noise pollution when residents who are on holiday stay out late at night, or when parties will be hosted.  Air pollution because people would smoke outside the building.  Pollution due to bins and recycling materials being left untidily/at the wrong times/left overflowing. Use  This proposal adds to a site that already has holiday units, thus creating a complex or a development that it tantamount to a hotel.  The development is unlikely to contribute anything to the area or local community, and is likely to change the nature and character of the rural neighbourhood, and have an impact on the Welsh language.  The property may be used frequently for antisocial uses and/or parties.  The conversion is unsympathetic and cannot be described as restoring the building.

Drainage  There are problems with the current arrangement for drainage and sewage in the area, and there is insufficient capacity.  Providing a hard standing within the curtilage for parking is likely to cause more run-off and flooding.  There are no clear details with regard to run-off water.  The Welsh Water Plan is incorrect.

Other matters  The description of the site is incorrect, and the application documents contain incorrect information.

5. Assessment of the material planning considerations:

Principle of the development 5.1 Policy B10 of the Gwynedd Unitary Development Plan relates to protecting and enhancing landscape conservation areas by ensuring that proposals must conform to a series of criteria aimed at avoiding significant damage to recognised features. In this case, the proposal involves converting a former chapel into a seven bedroom holiday accommodation. The proposal involves minor changes to the external elevations, and also involves installing roof windows and solar panels. The property has an existing curtilage and it is proposed to use this for car parking. The site contains a substantial and characteristic building, but the proposal is considered acceptable, and it is not considered that it is likely to cause a detrimental impact on the landscape. It is therefore considered that the proposal complies with the requirements of policy B10 above.

5.2 Policy C4 of the Unitary Development Plant relates to the conversion of buildings for re-use. The policy approves such proposals provided that specific criteria can be met relating to the suitability of the building for the proposed use, visual considerations and that the design respects the original building and its surrounding area. Buildings in the countryside must be permanent and structurally sound. Their conversion should be possible without the need for substantial construction work. They should not either disperse activities on such a scale as to harm the vitality of towns and villages.

5.3 A structural report has been submitted which states that the building is structurally sound, although its external condition is poor, and that there is evidence that the foundations have shifted, but this could be dealt with during the conversion, and it does not render the building unsuitable for conversion. It is therefore considered that the proposal complies with the requirements of criterion 1 of Policy C4. The building is substantial and is located within a fairly substantial curtilage which contains an existing vehicular entrance and parking spaces. It is considered that the building is suitable for the proposal in terms of use, and that the proposal does not entail having to make major changes to the building or extend its curtilage, that the proposed external changes respect the structure, form and character of the original building and that they are unlikely to cause significant damage to the visual quality and character of the surrounding area.

5.4 The building is not listed, and the interior of the building is being changed entirely by installing a new floor. This is expected in a development of this sort, and it is not considered practical to retain the floor plan as it is. It is therefore considered that the proposal complies with the requirements of criteria 2, 3 and 4 of Policy C4. The proposal offers an use to an empty building that is deteriorating, and the use is likely to be viable and will ensure long-term use of the building. It is not considered that the proposal will lead to the dispersion of activities at such a scale as to harm the vitality of towns and villages, and therefore it is considered that the proposal also complies with criterion number 5. Therefore, it is considered that the proposal complies with all the requirements of policy C4 above.

5.5 Policy D15 of the Unitary Development Plan relates to self-serviced holiday accommodation and states that proposals for the conversion of existing buildings to create self-serviced holiday accommodation will be approved provided the design, setting and appearance of the development are of a high standard, and provided they comply with criteria relating to: the location and scale of the development; that it would not mean loss of permanent housing stock; that it would not be located in a residential area; that it would not cause significant harm to the residential character of the area, and that it would not lead to an over-concentration of this type of accommodation within the area.

5.6 The proposal is for adapting an existing building to create a self-serviced holiday accommodation; therefore criterion 1 does not apply. The building is a substantial former chapel, and there is an associated substantial curtilage to the building that has a vehicular entrance and adequate parking spaces and a turning space. The scale of the development has been designed with consideration to the original building and the curtilage around it. The site is located within the rural village of Dinorwig and there is a cluster of various residential dwellings scattered around it. It is considered that the proposal is acceptable in terms of scale, location and the settlement in question, and that the proposal therefore complies with the requirements of criterion number 2. It is not considered that the proposal will lead to losing housing stock as it is currently a derelict chapel. It is therefore considered that the proposal complies with the requirements of criterion 3 of Policy D15.

5.7 Criteria 4 and 5 of Policy D15 require that the proposal is not sited within a residential area and/or within an area where there is an over-concentration of such accommodation. The site is located within the rural village of Dinorwig, and dispersed residential dwellings in a primarily agricultural or open area are a typical feature of rural villages. There is a cluster of four residential dwellings immediately near the site, and although objections to the application state that two of these dwellings are already being rented out as holiday accommodation, they are actually houses and can be used permanently if so wished. 5.8 A self-serviced holiday accommodation is a very similar use in nature to a full-time residential use, and it is not considered that this proposal is likely to cause significant harm to the area’s residential character. Furthermore, consideration must be given to what other use could currently be made of the building as a place of worship, or any other use that could be made of it without the need for any planning permission. It is not considered that this proposal leads to an excessive concentration of this type of accommodation within an area. Therefore, it is considered that the proposal complies with criteria 4 and 5 of the policy, and that the proposal complies with all the requirements of policy D15.

Visual, general and residential amenities

5.9 Policies B22, B23 and B25 of the Unitary Development Plan relate to assessing the design of the proposal, the effect on amenities and building materials.

5.10 Only a few external changes are proposed, where it is proposed to extend the openings to create ground floor and first floor windows and install steps from the curtilage to the first floor. It is proposed to retain the slate roof and install new roof windows and new PV panels on the south-western elevation. It is considered that most of the proposal in terms of design is entirely suitable, and it is considered that the biggest change is the roof windows and the installation of PV panels. Because the building is of a substantial size and is located in an open and visible spot, it is considered reasonable to impose a condition on the planning permission that low profile PV panels and conservation-type roof windows are used.

5.11 There are four other dwellings immediately around the site, and two of these dwellings are owned by the applicant. There is an associated Chapel House to the Chapel which is owned by the applicant, and the house immediately next door to the Chapel House which looks over the curtilage of the Chapel is also owned by the applicant. A property known as Bronallt is located on the other side of the Chapel near the entrance, and although there are high windows on the front of the chapel that face the property, this part of the building forms the atrium, therefore it is not considered that there is substantial or unacceptable overlooking from this elevation. The other property (Islwyn) is located on the other side of the Chapel House, and it is not considered that there is any effect on this property. The windows on the north- eastern elevation look over the curtilage of the Chapel, and the south-western elevation looks over the road onto agricultural fields. Therefore it is not considered that the proposal causes unreasonable overlooking over the private spots of nearby residents.

5.12 The Chapel’s curtilage is quite substantial and is sufficient for providing parking spaces and a turning space for the development. It is not considered that the proposal to hand is likely to cause any detrimental impact on the amenities of nearby residents in terms of use or traffic flow, particularly when comparing the proposed use with the current legal use of the building as a place of worship, or when comparing it with the other legal uses that could be made of the building without planning permission such as a children’s nursery, a surgery or health centre, museum, non-residential learning centre or a public hall. It is therefore considered that the proposal complies with the requirements of policies B22, B23 and B25 above.

Transport and access matters

5.13 Policy CH33 of the Unitary Development Plan relates to ensuring safety on roads and streets, and states that 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.

5.14 Policy CH36 of the Gwynedd Unitary Development Plan relates to assessing the provision of private car parking facilities, and states that proposals for new developments, extensions to existing developments or change of use will be refused unless off-street parking is provided in accordance with the Council’s current parking guidelines, giving 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.

5.15 The site already provides a suitable vehicular entrance into the road, and it is proposed to provide adequate parking and turning spaces to satisfy the requirements of the Transportation Unit. The site is located approximately 300m down a narrow and steep road, but the current use of the building as a place of worship means there is potential for a high number of vehicles to travel to the site at present, and it is not considered that the proposal is likely to generate traffic to this degree.

5.16 The transportation unit has further confirmed that there is no objection to the proposal and state while it is recognised that the site is located down an existing narrow and steep road, it is necessary to assess the proposal in terms of its impact on road safety in the context of any other possible use of the building. As has already been confirmed, it is possible to use the building as a place of worship at the moment without any further planning consent as well as other uses that fall within the same class use, such as a children’s nursery, a surgery or health centre, museum, non- residential learning centre or a public hall. In addition to this, considering the likely level of traffic that would derive from the development, it is not considered that those levels would be unacceptable in terms of the safety of road users. Therefore consequently, it is considered that the proposal would cause less traffic flow and parking needs than some of the uses noted above. Therefore, having assessed the proposal in the context of all the relevant issues, it is considered that there is no objection to the proposal based on road safety. Therefore, it is considered that the proposal complies with the requirements of policies CH33 and CH36 above.

Biodiversity matters

5.17 Policy B20 of the Gwynedd Unitary Development Plan involves protecting species and their habitats that are internationally and nationally important. Morning and night bat surveys have been presented as part of the application and the results show that the building is used by bats. The Biodiversity Unit has confirmed that the development is suitable subject to ensuring that any bats are protected during the conversion work (by stipulating what times of the year work may be carried out on the roof), along with ensuring that there is suitable space for the bats under the slates of the roof following the conversion. It is therefore considered that the proposal complies with the requirements of policy B20 above.

Drainage matters

5.18 Originally, it was intended to install a new private sewage treatment system as a result of this development. Natural Resources Wales objected to this proposal because the site was within relevant distance to the main sewer. Later on, the proposal was amended to connect to the main sewer, and Natural Resources Wales are satisfied with this proposal. It is intended to direct the run-off into an existing watercourse, and no objection has been received from Natural Resources Wales as a result of this. 5.19 Objections have been received in relation to drainage issues in this area. Welsh Water has confirmed that the main sewer is located in the area but that this is provided in the form of a public septic tank which is maintained by Welsh Water. Welsh Water has fully assessed the proposal and its impact on the public system and has confirmed that it is happy with the proposal and happy for the sewerage system for the proposed use of the building to be connected to the main sewer. It seems that Welsh Water has received complaints in the area in relation to cases of pollution from the main sewer, but Welsh Water has confirmed that these cases derive from maintenance issues rather than the system’s ability to deal with the waste (including the waste of the proposed development). Welsh Water has no grounds to object to this proposal in this case.

Response to the public consultation

5.20 A notice was posted on site and nearby residents were informed. Subsequently a number of local objections were received, together with a petition. The main points arising from the objections are listed in the consultations table above. It is considered that the matters of roads and parking, water and sewage have already been dealt with in the assessment of the application, and there are no objections from the Highways Unit, Welsh Water or Natural Resources Wales.

5.21 The objections express concern regarding the proposed use of the building, and the impact on the amenities of nearby residents, and these matters have been assessed in the above assessment. Furthermore, it is noted that the reference to creating a holiday accommodation ‘complex’ includes two houses that have full-time residence rights, which could be rented in any way without the need for further planning permission, and this includes the possibility of them being used as full-time homes.

5.22 It is not considered that this proposal for a holiday accommodation is likely to cause a detrimental impact on the nature and character of the area or on the Welsh language. The objectors also refer to the effect of noise pollution and disturbance during the conversion period and afterwards. It is considered that some degree of noise and disturbance is expected during any significant work on a building, and even during restoration work that would not require planning permission, and this would not be considered a relevant planning reason to refuse the application. It is not considered that the day to day use of the building as a holiday accommodation is likely to cause disturbance, and there are public protection regulations in place for dealing with noise or pollution that is considered to be an unreasonable and persistent nuisance.

5.23 The reference to the accuracy of the documents is a matter of consistency and further explanation rather than incorrect information, and these matters are not considered to be relevant planning matters or matters that prevent completing a full assessment of the proposal in the context of the relevant policies.

6. Conclusions:

6.1 As a result of the above assessment, it is not considered that the proposal is contrary to any relevant policy noted above, nor are there any other relevant planning matters that state otherwise.

7. Recommendation: 7.1 Approve – conditions – five years, in accordance with the plans, holiday use only, keep a register, agree on external materials, low-profile solar panels, conservation roof windows, Welsh Water, highways conditions, biodiversity conditions, a condition in relation to keeping a photographic record, no PD.

Number: 5 Application Number: C13/0487/35/LL Date Registered: 03/06/2013 Application Type: Full - Planning Community: Cricieth Ward: Cricieth

Proposal: DEMOLITION OF THE EXISTING WAREHOUSE AND ERECTION OF A NEW THREE STOREY BUILDING WITH BALCONY TO BE USED AS OFFICES Location: SIOP NEWYDD, 50, HIGH STREET, CRICIETH, GWYNEDD, LL52 0EY

Summary of the TO APPROVE WITH CONDITIONS Recommendation:

1. Description:

1.1 This is an outline application to demolish the existing warehouse and erect a three- storey building with a balcony to be used as offices for a television company. Historically, there was permission to use the warehouse as a cash and carry shop, but the warehouse now lies empty.

1.2 The site is located off an unclassified narrow road behind Cricieth High Street. To the north of the site are the High Street buildings, and to the south are Caffi Cwrt and the Cefn Cwrt dwelling house. Located to the west and east are the gardens and backyards of the High Street. There is a public car park within walking distance of the site. The site lies within the development boundary and also within the Conservation Area.

2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009:

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

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

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

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

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

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

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

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

POLICY 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.

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

POLICY D6 – INDUSTRIAL/BUSINESS UNITS WITHIN DEVELOPMENT BOUNDARIES. To approve proposals provided that the site has not been designated for any other use and that the scale, type and design of the development is appropriate for the site and is compatible with other existing nearby uses.

2.3 National Policies: Planning Policy Wales – Fifth edition (November 2012) - Part 4.9 – Preference for the re-use of land - Part 4.10 – Promoting sustainability through good design - Part 4.11 – Planning for sustainable buildings - Para. 6.5.9 – Effect on listed buildings - Para. 6.5.16 – 6.5.18 & 6.5.20 – Effect on listed buildings - Para. 8.7.1 – Development control and transport

Technical Advice Note 12: Design Technical Advice Note 18: Transport Technical Advice Note 22: Planning for sustainable buildings

Gwynedd Design Guidance

3. Relevant Planning History:

C04D/0566/35/AM – Demolition of existing three-storey building and construction of three- storey dwelling house. Withdrawn 19/11/04.

3/2/133 – Change of use from a warehouse to a cash and carry shop. Approved 24/04/68

3/2/AD134 – Erection of a sign on the rear wall. Approved 06/06/68

32/69/AD12 – Erection of illuminated sign. Approved 21/11/69

32/68/133A – Additions to the rear of the shop. Approved 06/06/73

4. Consultations:

Community/Town Council: No objection.

Transportation Unit: Objection to the original plans.

No objection to the amended plans – observations – by widening the road somewhat, I recommend surfacing the additional area with a material that is suitable for use by pedestrians and vehicles, but also, there is a need to set a visible boundary on the edge of the curtilage in order to identify the boundary of the property / highway. Recommend using either bullnosed kerbs or a row of studs in order to identify this boundary.

Welsh Water: Standard conditions and information presented regarding a public sewer crossing the site.

Conservation Officer: The site lies within the Cricieth Conservation Area and near a listed building. It is considered that the new building reflects the appearance of the previous warehouse and it is not considered that it will have any detrimental impact on the character or appearance of the Conservation Area.

Public Consultation: A notice was posted on site and nearby residents were informed. The consultation period ended on 04/07/13. At the time of preparing the report, four letters / pieces of correspondence had been received objecting on the following grounds:  Concerns regarding noise emanating from the building, use as a recording studio.  Loss of privacy and overlooking.

However, the following observations were also received within the letters of objection which support some aspects of the development:  Supportive of demolishing the old building and erecting a new building  Supportive of the modern design

In addition to the above, objections were received which were not valid planning objections or were irrelevant to the application, including:  Concerns regarding access along the road during the development period  Concerns regarding the demolition period, the impact on nearby businesses  Double-yellow lines required to be repainted on the square following the improvement work.

Following these observations, amended plans were received. A notice was placed on the site and neighbouring residents were informed of the changes. The advertising period ended on 05/08/13. At the time of preparing the report, no objections had been received to the amended plans.

5. Assessment of the material planning considerations:

Principle of the development

5.1 Policies C1, C3, and D6 are a consideration for this aspect of the application. Policy C1 relates to locating new development, and the main focus of the policy is to support developments within the development boundaries of towns and villages. The application site is within the development boundary of Cricieth, therefore the application complies with policy C1.

5.2 Policy C3 supports developments that give priority to reusing previously developed land or buildings within development boundaries. In this case, it is not viable to reuse the current building because of its poor state of repair; nevertheless, the site is within the development boundary and on previously developed land. The proposed use as offices is suitable for the site and the surrounding land uses. Therefore, the application meets the requirements of policy C3.

5.3 Policy D6 approves proposals to construct units for businesses within development boundaries provided that the development meets the policy’s criteria. The site has not been designated for any other use and it is considered that the proposed use, scale, type and design of the building is suitable for the site and the area. Therefore, the application meets the requirements of policy D6.

Design and visual amenities

5.4 Policies B3, B4, B22, B23 and B25 are a consideration for this aspect of the application. The design of the new building is modern and uses modern building materials. Nevertheless, the design reflects the existing warehouse in terms of its size, shape and height. It is considered that it will not have a detrimental impact on the site’s appearance, the setting of the listed building or affect the visual amenities of the conservation area. The Conservation Officer did not have any objection to the design. The proposal therefore conforms to policy B3, B4, B22, B23, and B25. General and residential amenities

5.5 The vast majority of the objections relate to the impact on amenities which refers to loss of privacy and overlooking. As a result of these observations, amended plans were received in order to overcome the concerns. These changes include the removal of a balcony and external staircase and fewer windows on the side elevation facing Mews Cottage and Cefn Cwrt. Following the second consultation, no objections were received. Nevertheless, an objection was received to the side opening on the front balcony facing towards the gardens of 46 and 48, High Street. As there is no current overlooking on this elevation, it is considered reasonable to impose a condition on any permission to ensure that this opening is filled with opaque glass.

5.6 The plan includes a balcony on the front elevation of the property, with heavy use of glass. Following a site visit and an internal inspection, it has become apparent that the balcony would not lead to unreasonable overlooking or loss of privacy. From the balcony level, only the roof of Cefn Cwrt can be seen, along with a small part of the curtilage. The curtilage can be seen clearly from the second floor windows; however, the proposed floor plans show that the second floor has been set back from the front elevation as a mezzanine floor. This layout means that the second floor will not lead to unreasonable overlooking and loss of privacy for Cefn Cwrt.

5.7 The concerns of the objectors have been acknowledged and have been given full consideration; however, it is considered that the development is acceptable and complies with policies B22, B23 and B25.

Transport and access matters

5.8 Policies CH30 and CH33 relate to safety on roads and streets and access for all. Historically, there was no vehicular parking provision on this site and it is not proposed as part of this application to provide parking spaces for vehicles. Nevertheless, the building is in a central location in the town and within walking distance of the bus-stop, train station and public car park. As a result of the previous use, location of the site and nearby facilities, there is no objection to this.

5.9 In order to respond to the objections voiced by the transportation unit, the length of the building was shortened in order to widen the access road somewhat in a very narrow part between the site and Cefn Cwrt. The transportation unit has responded to the second consultation and there was no objection to the proposal; however, there will be a need to agree on the material for the hard surface near the access road by means of a condition. The concerns of the objectors have been acknowledged and have been considered in full and there is no planning reason to justify refusing the application based on policies CH30 and CH33.

5.10 The concerns of the objectors include matters relating to access down the road during the development period. The implementation of planning permission is a private matter for the developer and is something that is beyond the planning system. Nevertheless, it is likely that the developer must comply with other rules and regulations during the development period.

6. Conclusions:

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

7. Recommendation:

To approve – conditions

1. Five years 2. Materials and finishes. 3. Welsh Water 4. Transportation 5. A condition restricting the use to office and studio use only and no other uses within use class B1 of the use class order can be made without planning permission. 6. The building not to be used as a recording studio between 8pm and 8am. 7. Development to comply with the approved plans.

Number: 6 Application Number: C13/0582/22/LL Date Registered: 18/06/2013 Application Type: Full - Planning Community: Llanllyfni Ward: Penygroes

Proposal: CHANGE OF USE OF THE EXISTING SHOP INTO A HOT FOOD TAKE- AWAY (A3) Location: WATERLOO SHOP, 16, WATER STREET, PENYGROES, CAERNARFON, GWYNEDD, LL54 6LR.

Summary of the TO APPROVE WITH CONDITIONS Recommendation:

1. Description:

1.1 This is a full application to change the use of a shop (A1 use class) to A3 use in order to sell hot food to take-away. The proposal involves internal changes on the ground floor and installation of an air extraction flue on the rear elevation. The applicant states that no external changes are proposed to the front elevation of the property.

1.2 The site is located within the Penygroes development boundary and within an area designated as a ‘town centre’ in the Gwynedd Unitary Development Plan 2009. This area has a mixture of uses including residential houses, shops, restaurants (including hot food take-aways) and other businesses. Therefore, the area can be lively during the day and night.

1.3 The front elevation of the property faces Water Street which is one of the main town centre streets and it is also a second class road. There is a parking restriction (double- yellow lines) on the road immediately in front of the property and there is on-street parking provision over the road. Also, the site lies near a bus stop.

2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009:

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

POLICY D24 - CHANGE OF USE OF GROUND FLOOR UNITS WITHIN THE FOLLOWING DEFINED TOWN CENTRES - , BETHESDA, BLAENAU , CRICIETH, LLANBERIS, NEFYN, , PENYGROES, AND TO NON-RETAIL USES - Proposals to change the use of ground level shop units within the defined centres of and Local Centres to other uses (with the exception of hot take-away food) will be approved if they can conform to criteria regarding the centre’s retail function, the length of time for which the unit has been empty and for sale, its contribution towards the attractiveness, viability and vitality of the town centre and its relationship with adjacent businesses and the local area.

POLICY D25 – HOT FOOD TAKE-AWAY DEVELOPMENTS Hot food take-away facilities will be refused unless criteria relating to the impact on adjacent land uses and to the fact that it will not lead to a concentration of this type of development in one specific area, can be met.

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

2.3 National Policies:

Planning Policy Wales (Edition 5) (2012)

Technical Advice Note - Design (2009)

3. Relevant Planning History: No relevant planning history.

4. Consultations:

Community/Town Council: No response.

Environmental Health, Public No response. Protection:

Welsh Water: Standard advice, conditions.

Transportation Unit: I refer to the above application and wish to state that I do not intend to submit a recommendation as it is supposed that the proposed development would not have a detrimental impact on any road or proposed road.

Public Consultation: A notice was posted on site and nearby residents were informed. The consultation period ended on 11 July 2013. At the time of preparing the report, 3 letters had been received objecting on the following grounds:  Will cause disturbance because of noise and an increase in people, odours and rubbish.  Will lead to unwelcome attention in the area during unsociable hours.  Will contribute to the current problem of children playing on the streets and causing unrest.

In addition to the above, objections were received which were not valid planning objections, including:  Effect on current businesses  Houses losing value 5. Material Planning Considerations:

Principle of the development

5.1 As shown above, the Unitary Development Plan has a specific policy that is relevant to Hot Food Take-Away Developments. It must also be realised that the proposal involves the creation of a small restaurant. Considering the relatively small size of the restaurant, it is considered that the greatest emphasis should be placed on policy D25 when determining this application. This specific policy acknowledges the role that such use could have (if it is managed properly) by being a valuable asset to a town centre, in particular for visitors and the night economy of the centre.

5.2 The policy notes clearly that the use should be in-keeping with adjacent land use. In response, the site is located in an area with a mixture of various uses. Considering its current use as a shop, and other uses along this street, it is not considered that the development would create excessive noise, odours or rubbish in such a way that would have an unacceptable impact on the character of the area. It is also acknowledged that there are a number of hot food take-aways in Penygroes. However, it is obvious when visiting the site that there is no concentration of this type of development in the surrounding area.

5.3 It is also relevant to note that the property has been advertised for sale as a retail property since 2008. Currently, there is a need to avoid having empty frontages within town centres. Planning Policy Wales and Technical Advice Note 12 – Design, support this aspect. Applications for change of use must be determined in a flexible way in order to assist to retain a building or improve the townscape or landscape. Maintaining commercial use assists urban areas to be more competitive, viable and sustainable. Therefore, the application complies with the criteria of policy D24.

General and residential amenities

5.4 Policy B23 is a consideration for this aspect of the application. The policy relates to safeguarding residential amenities and the area’s amenities. As noted previously, the site is in an area with a mixture of various uses. However, it is acknowledged that there are many residential houses on the street. Taking the mixed use in the area into consideration, the area can be lively during the day and night already. The street is also served by a bus stop that is located near the site. Despite the objections received and because of the nature of the street and existing uses, it is not considered that the proposal would worsen any effects that exist already to such an extent that the application would have to be refused on the grounds of amenities only. The opening hours could be amended to ensure that the amenities of nearby residents are protected. Also, odours could be controlled by imposing conditions to ensure that a suitable air extraction system is installed prior to the property being used for A3 uses.

5.5 The applicant has expressed his wish to be open from 11am to 9pm on Sundays to Thursdays and from 11am to 11pm on Fridays and Saturdays. It is considered that these hours are reasonable in the proposed location. Although the applicant has expressed his intention to be open from 11am, the Authority is not of the opinion that it is reasonable to restrict a business to these hours by imposing a condition. After considering the type of business proposed and the existing use, there is no planning reason to refuse such a business from being open during the day from 9am or to close before 10pm (Sundays to Thursdays). However, should the applicant choose to open from 11am to 9pm during the week, it would be his personal choice.

5.6 On the whole it is considered that the development is unlikely to have a considerable detrimental impact on the amenities of nearby residents and to a degree which would justify the refusal of the application. Subject to an appropriate condition, it is not considered that the development will have an unacceptable effect on the amenities of the nearby houses or residents. Also, it is not considered that the development would attract additional anti-social behaviour to the street as there is good natural surveillance on the street. Therefore, the proposal complies with the requirements of policy B23 which deals specifically with amenities.

Transport and access matters 5.7 The site is convenient for pedestrians from the town, users of public transport and there is public parking provision on the street adjacent to the site. It is therefore considered that the site’s location is sustainable and within the local community’s reach. No objection to the proposal was received from the Transportation Unit. It is not anticipated that the development will create an unacceptable situation that would lead to the refusal of the application on this basis. It is therefore considered that the proposal complies with Policy CH33 of the GUDP.

6. Conclusions:

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

7. Recommendation:

To approve – conditions – 1. Five years 2. In accordance with the plans 3. Opening hours 9am – 10pm (Sunday – Thursday), 9am – 11pm (Friday and Saturday) 4. To submit the details of the air extraction and flue system. 5. To install the air extraction system before using the property for A3 use. 6. Welsh Water conditions

Number: 7 Application Number: C13/0647/22/AM Date Registered: 21/06/2013 Application Type: Outline Community: Llanllyfni Ward: Penygroes

Proposal: OUTLINE APPLICATION FOR THE ERECTION OF TWO DWELLINGS AND THE CONSTRUCTION OF A NEW VEHICULAR ACCESS Location: LAND ADJ, LÔN PITAR, PENYGROES, CAERNARFON, GWYNEDD, LL546LP

Summary of the Recommendation: TO APPROVE WITH CONDITIONS

1. Description:

1.1 This is an outline application to erect two two-storey dwellings and to create a new vehicular access. Details regarding the appearance, landscaping and scale have been reserved for consideration in the future through an application to approve reserved matters. Therefore this application involves the principle of developing the land for two residential properties along with the access to the site and the setting of the houses that form part of this application.

1.2 The site is within the development boundary of Penygroes. The site is currently dormant but it is likely that the site once formed part of the curtilage of one of the nearby houses/businesses. The new access would be located off an unclassified road which is also a one-way road.

2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009:

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

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

POLICY C7 – BUILDING IN A SUSTAINABLE MANNER Proposals for new development or for the adaptation and change of use of land or buildings will be refused where consideration has not been given to specific environmental matters. Proposals must conform to specific criteria relating to building in a sustainable manner, unless it can be demonstrated that it is impractical to do so. POLICY CH4 – NEW DWELLINGS ON UNALLOCATED SITES WITHIN THE DEVELOPMENT BOUNDARIES OF LOCAL CENTRES AND VILLAGES Approve proposals to build new dwellings on unallocated sites within the boundaries of Local Centres and Villages provided they conform to criteria aimed at ensuring an affordable element within the development.

POLICY 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.

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

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

2.3 National Policies:

Planning Policy Wales – Fifth edition (November 2012) - Part 4.10 – Promoting sustainability through good design - Part 4.11 – Planning for sustainable buildings - Para. 6.5.9 – Effect on listed buildings - Para. 6.5.16 – 6.5.18 & 6.5.20 – Effect on listed buildings - Para. 8.7.1 – Development control and transport Technical Advice Note 12: Design Technical Advice Note 18: Transport Technical Advice Note 22: Planning for sustainable buildings

Supplementary Planning Guidance: Affordable Housing Supplementary Planning Guidance: Planning and the Welsh Language Supplementary Planning Guidance: Planning for Sustainable Building Gwynedd Design Guidance

3. Relevant Planning History: None

4. Consultations:

Community/Town Council: No response.

Transportation Unit: No objection – suggest conditions.

Welsh Water: Standard conditions and general advice.

Public Consultation: A notice was posted on site and nearby residents were informed. The consultation period ended on 25/07/13. At the time of writing the report, six letters / items of correspondence had been received objecting on the following grounds:  The location of the new access.  It would worsen the existing parking situation on the road.  Will the soakaways cause water to overflow to Lôn Pitar?  Allt Doli is not wide enough to accommodate the new access.  The road is not suitable to deal with additional car movements.  The road is very narrow.  The road can be dangerous as it is for cars and pedestrians.  The road is not wide enough to allow cars to turn into the site.  Who is to say that there will be more than four cars parked outside the houses?  The houses will overlook the rear access of the chapel of rest.  An oppressive development.

In addition to the above, objections were received which were not valid planning objections, including:  Will spoil the view.

5. Assessment of the material planning considerations:

Principle of the development

5.1 Policies C1 and CH4 are relevant to this application. Policy C1 relates to locating new development, and the main focus of the policy is to support developments within the development boundaries of towns and villages. The application site is within the development boundary of Penygroes, therefore the application complies with policy C1. Policy CH4 permits erecting new housing on unallocated sites within the development boundaries of local centres and villages, provided the proposal satisfies the criteria in the policy.

5.2 Policy CH4 seeks for sites to provide a percentage of affordable units unless, having considered all the relevant factors that it would not be appropriate to provide affordable housing on the site. Naturally the value/price of the units are likely to be restricted based on the size of the development (only two houses), the location of the site, the type of housing, the building density of the area and also the number of houses that are for sale in the area. As a result of these factors, it is not considered that it would therefore be reasonable to request to restrict any of the houses as affordable units as they would already be affordable and there would be no purpose in restricting the price further through a 106 Agreement. This would be in accordance with Policy CH4 as the evidence shows that it would be inappropriate to provide affordable housing on the site. It is therefore considered that the proposal complies with policies C1 and CH4.

Visual, general and residential amenities

5.3 Policies B22 and B23 are a consideration for this aspect of the application. 5.4 Issues relating to design, finishes and elevations are issues that are considered when dealing with a detailed application or a reserved matters application. The agent has suggested that the maximum height of the house will be 7.8 metres, however the levels and height of the houses, as well as their layout and the location of windows, will be a material consideration at that time; for example, any impact relating to overlooking will be considered when detailed plans are submitted, where the requirements of Policy B23 must be satisfied. Despite this, the agent has submitted indicative plans and details of land levels and cross-sections in order to show that it would be possible to locate and design the houses without leading to unreasonable over-looking and loss of privacy for the nearby houses and businesses.

5.5 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.

5.6 Because of the location of the site and although the type, size, design and finishes of nearby houses vary, it must be ensured that it will be a development of a high design standard, and in doing so, it can be ensured that the requirements of policies B22 and B23 are satisfied by imposing appropriate planning conditions. It is therefore considered that the development is acceptable and complies with policies B22 and B23.

Transport and access matters

5.7 Policies CH33 and CH36 relate to safety on roads and streets and private car parking facilities. The proposal involves closing off the current access near the Lôn Pitar junction and creating a new vehicular access to the site from Baptist Street adjacent to a house, namely Bryn Tawel. The main reason for the objections to this application relates to implications involving access to the site and an increase in traffic on a one- way unclassified road.

5.8 The transportation unit has responded to the consultation and has no objection to the proposal. The submitted plan shows that a turning and parking space can be provided for four vehicles within the site which satisfies the requirements of policy CH36. Due to the scale, nature and the proposed use, it is not anticipated that the development will aggravate the current situation on these roads to an unacceptable level that would lead to the refusal of this proposal.

5.9 The concerns of the objectors have been acknowledged and have been considered in full but with conditions it is considered that the proposal is in accordance with Policy CH33 and CH36 of the GUDP.

Sustainability matters

5.10 The site is registered with a sustainability code assessor and the applicant has submitted a pre-assessment report to show that the units could reach level 3 of the code for sustainable homes. Planning conditions must be imposed in order to ensure compliance with reaching the appropriate standard of the code for sustainable homes. The application therefore complies with policy C7 and TAN 22.

6. Conclusions:

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

7. Recommendation:

To approve – conditions

1. Five years 2. Submit reserved details within three years 3. Materials and finishes 5. Access and parking 5. Landscaping 6. Withdrawal of permitted rights 7. Sustainability Code 8. Welsh Water 9. Development to comply with the approved plans

Number: 8

Application Number: C13/0694/34/LL Date Registered: 04/07/2013 Application Type: Full - Planning Community: Clynnog Ward: Clynnog

Proposal: RETROSPECTIVE APPLICATION TO RETAIN SHED Location: LAND ADJ Y DDERWEN, PONTLLYFNI, CAERNARFON, GWYNEDD, LL545EG

Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:

1. Description:

1.1 This is a full application for a retrospective approval to retain the steel structure of a building measuring 16m in length, 6m in width and 4.5m in height to the highest part of the roof. It is intended for the north-eastern elevation of the building to remain open and it is intended to cover the remaining sides with dark green sheets. The applicant states that the intention is to use the building for personal storage purposes, including storing a boat, a caravan and a tractor. The site is in a concealed location at the peripheries of the boundary of Pontllyfni village and approximately 45m off the county road. Access to the site off the county road is shared with two existing residential houses.

2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009 (GUDP):

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

Policy B23 – Amenities – Safeguard the amenities of the local neighbourhood by ensuring that proposals 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 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 CH33 – Safety on Roads and Streets – Development proposals will be approved if they can conform to specific criteria relating to the vehicular access, the standard of the existing roads network and traffic calming measures. 2.3 National Policies:

Planning Policy Wales, Fifth Edition, November 2012.

Technical Advice Note 12 - June (2009)

3. Relevant Planning History:

3.1 C09D/0340/34/AM - Renew consent C05D/0616/34/AM for residential development (3 houses) - Bron Heulog, Pontllyfni, Caernarfon. Approved 20 April 2010.

3.2 C13/0390/34/MG - Reserved matters for erecting three houses - Bron Heulog, Pontllyfni, Caernarfon. Approved 05 June 2013.

4. Consultations:

Community/Town Council: No objection.

Transportation Unit: It is not intended to make a recommendation as it is supposed that the proposed development would not have a detrimental impact on any road or proposed road.

Public Consultation: A notice was posted on site and nearby residents were informed. The consultation period ended on 01 August 2013 and three letters/items of correspondence were received objecting on the following grounds:

 Contrary to policy C1 of the Gwynedd Unitary Development Plan.  The proposal would have a detrimental impact on an adjacent property and the potential to develop the planning consent for three houses on adjacent land approved in June 2013.  Sub-standard access.  It would disrupt the adjacent housing development.  It appears that it is not intended to use the shed for agricultural purposes.  Cutting vegetation on the adjacent residential development site would create a more prominent building for the residents of those houses.

5. Assessment of the material planning considerations:

Principle of the development

5.1 Policy C1 of the GUDP presumes against constructing buildings on sites outside a village boundary or development form of rural villages. The site is in a concealed location at the end of the village boundary and within a few metres of the applicant’s property and other residential houses. The applicant states that the intention is to use the building for personal storage purposes only. Considering the proposed use of the building and its close proximity to existing buildings and development form of the village, it is not considered that the application is significantly contrary to policy C1 of the GUDP.

Visual amenities

5.2 The site is not located within special designated land. The building is located approximately 45m away from the adjacent county road and amidst high hedges. The structure already erected is not visible in the landscape and it is likely that the finished building will be screened by the hedges in the same manner. In a letter of objection, it was stated that it is intended to cut vegetation around an adjacent site where approval was granted for the erection of residential houses in June 2013. It is realised that the felling of trees / hedges on land adjacent to the site would reduce the impact of the existing screen, but it is not considered that this would be sufficient to refuse the application considering that the building is located near residential buildings and the intention to cover the building with dark green sheets.

General and residential amenities

5.3 The application was advertised on the site and nearby residents were notified and items of correspondence were received objecting to the proposal to erect a shed on the site. The applicant states that the purpose of the application is to construct a building to store a caravan, a tractor and a boat. The building is in a location so that its gable end faces the site of the proposed adjoining houses. Storage use is likely to be a quiet activity, therefore it is unlikely to significantly affect the amenities of the residents of nearby houses; it is also intended to include a condition on any permission to prevent business use of the building. It is realised that it is intended to keep the north-eastern elevation of the building open; this elevation will face the existing houses located approximately 20m from the building. Therefore, it is not considered that the proposed building would have a substantial detrimental effect on the amenities of neighbouring residents. The proposal is not contrary to policy B23 of the GUDP.

Transport and access matters

5.4 Criterion 1 of policy CH33 requests that a vehicular access to the site is provided which is safe and in keeping with the local area, and criterion 2 states that the existing road network must be of sufficient standard to deal with the flow of traffic that will result from the development. An existing access to gain access to the site is used. The access is located within the village and a speed limit area of 40 mph where there are sufficient visibility splays for the building. It is considered that the application meets the requirements of Technical Advice Note 18. The comments of the Senior Development Control Manager (roads) were received confirming that there was no objection to the proposal. The visibility of the existing access is therefore acceptable. The proposal is not contrary to policy CH33 of the GUDP.

Response to the public consultation

5.5 Full consideration was given to the relevant planning matters raised as a result of the consultation period as part of the above assessment.

6. Conclusions: 6.1 The building is located at the peripheries of a village boundary in a concealed location and close to existing buildings. Objectors state that it is intended to fell existing hedges for the development of an adjacent site. Although this would reduce the impact of the hedges as a screen to the site, it is not considered that this threat will justify refusing the application. The access to the site is acceptable. It is not considered that the proposed storage use would have a substantial detrimental effect on the amenities of neighbouring residents. As a result, it is not considered that the application is contrary to relevant policies nor are there any other material planning reasons that state otherwise.

7. Recommendation:

7.1 To approve – with conditions

1. In accordance with the relevant plans 2. Colour of the building 3. To use the building as storage only 4. No business use

PLANNING COMMITTEE DATE: 02/09/2013 REPORT OF HEAD OF REGULATORY DEPARTMENT CAERNARFON (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

Number : 9

PLANNING COMMITTEE DATE: 02/09/2013 REPORT OF HEAD OF REGULATORY DEPARTMENT CAERNARFON (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

Application Number: C13/0699/14/LL Date Registered: 03/07/2013 Application Type: Full - Planning Community: Caernarfon Ward: Menai (Caernarfon)

Proposal: CONVERT PREVIOUSLY USED MUSEUM INTO FACILITIES FOR USE OF THE DOCK .

Location: SEIONT II MARITIME MUSEUM, VICTORIA DOCK, BANK QUAY, CAERNARFON, LL55 1SR

Summary of the TO APPROVE WITH CONDITIONS . Recommendation:

1. Description:

1.1 This is an application to move the existing temporary washing/toilet facilities and to provide new facilities within the dormant building of the previously used maritime museum. The proposal also involves using half of the building’s surface area as a light workshop together with creating a new access on the northern side of the building and installing a new door to the proposed workshop. The wall facing the dock will be demolished (based on integration and its poor structural condition) and using the original stones a new small wall will be erected on the position of the original wall. A ramp for disabled people will also be located here as well as a level area outside the new door. Internally, the facilities will include toilets (including a toilet for disabled people), two shower rooms and a hand washing point. 1.2 The building is located opposite a position between the dock which is a grade II listed building and Caernarfon Sailing Club which is also a grade II listed building; the town’s conservation area is located 33m to the south as well as a world heritage site and the area is also located within the “essential location” of the castle of Twthill (CADW). Despite this, the building has not been listed but it can be seen that it was a vital part of the development of the dock at the end of the 19 th century. 1.3 By now, the building has been dormant for some time and the current proposal makes appropriate use of a dormant building whilst at the same time eradicating the eyesore of the temporary facilities building which is located next door to the building itself. 1.4 In accordance with TAN 12 on “Design”, a design and access statement was submitted and its contents reflected the scale and nature of the proposal.

2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009:

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

PLANNING COMMITTEE DATE: 02/09/2013 REPORT OF HEAD OF REGULATORY DEPARTMENT CAERNARFON (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

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

POLICY B6 – AND TOWN WALLS WORLD HERITAGE SITE Refuse proposals that would cause significant harm to the monuments of Caernarfon Castle World Heritage Site.

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

2.3 National Policies:

TAN 12 on “Design”, (June, 2009). Planning Policy Wales, (November, 2012).

3. Relevant Planning History:

3.1 Application number C00A/0642/14/R3 - to site temporary toilets for a year (renewal of application number C98A/0618/14/R3) approved in January, 2001.

4. Consultations:

Community/Town Council: Support

CADW: Not received

The Council’s Conservation No objection and suggest a grey colour for the new Officer: openings/windows.

Natural Resources Wales: No objection to the application but insist that the following points are considered. The entire application site lies within a C2 flood zone. Given the scale of the proposed development, we deem that the degree of risk could be acceptable if the developer is notified of the potential flood risks, and the development includes flood resistance measures. It is very unlikely that bats use the building, but care should be taken when moving any materials during the development work.

PLANNING COMMITTEE DATE: 02/09/2013 REPORT OF HEAD OF REGULATORY DEPARTMENT CAERNARFON (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

Welsh Water: Not received

Public Protection Unit: Not received

Gwynedd Archaeological Not received Planning Service:

Public Consultation: Two notices were placed on the site and the advertisement period ended on 10.08.13. 21 letters were received objecting to the application on the following grounds:- • The owners of the boats in the dock or the Harbour Trust have not been informed of the application. • The proposal does not offer additional facilities and indeed, there is a small reduction in what is offered. There is potential for 400 people and children to use the facilities. • Shared toilets and washing facilities is unacceptable as small children and women will also need to use them. • The workshop will need to be used in its entirety to justify facilities and perhaps the existing temporary building could be used as a workshop. • Is there a need for a workshop? • There is a chance here to offer comprehensive facilities and to take advantage of the location of the site near the dock to create something interesting and contemporary. • There will be an increase in the number of people using the toilets of nearby public houses, and in time, perhaps the public houses will object to people using their facilities for free. • A concern that children and women will not be safeguarded as a result of the proposal. • People will start ignoring Caernarfon harbour and they will prefer to travel further in order to use better facilities. • An opinion that the notice placed on the site in order to consult with harbour users was insufficient . • An excellent opportunity to create high standard facilities for local and visiting yachtsmen and yachtswomen being missed. • No clothes washing facilities within the proposal, not important for the Marina but it would make it more attractive for visitors. • Sharing facilities between both genders is important in order to create a more safe and comfortable atmosphere.

PLANNING COMMITTEE DATE: 02/09/2013 REPORT OF HEAD OF REGULATORY DEPARTMENT CAERNARFON (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

5. Assessment of the material planning considerations:

Principle of the development:

5.1 The principle of converting buildings for a new use is based on Policy C4 of the UDP which states that proposals to convert buildings for re-use rather than demolition will be approved provided that a number of criteria can be met involving the suitability of the building for the proposed use, acceptable design as well as any changes/alterations and that there will be no significant harm to the visual quality and character of the surrounding area. This is also reflected in Policies B23 and B24 of the UDP. Policy D13 approves new attractions and facilities for visitors and to improve existing facilities.

Visual amenities:

5.2 The proposal involves undertaking maintenance work (including fixing the slate roof and repainting the external walls) on the building of the previous museum as well as making changes to its external appearance by creating a new opening and changing the appearance of the existing entrance and blocking two existing openings/windows (that have already been closed temporarily). It also involves demolishing the existing wall which faces the dock together with creating a ramp and a level area outside the proposed door. Despite these changes, it is believed that the character of the building will not be substantially undermined and removing the temporary facilities will be an improvement in terms of the conservation area’s visual amenities and the setting of the nearby listed buildings. It is believed that the proposal would contribute positively to the character of the conservation area and the world heritage site (the walled town and the castle). It will make suitable use of a dormant building in a condition that is deteriorating as time goes by. It is therefore believed that the proposal is acceptable based on the requirements of Policies B3, B4, B6, B23, B24, C4 and D13 of the UDP.

General and residential amenities:

5.3 The property is located in a commercial area where dwellings are located within the town’s wall and at the far end of the dock where there are residential units as part of the Victoria Dock development. Taking into consideration the nature and scale of the proposal (which is to be used by boat owners who are already within the dock), it is believed that there will be no significant impact on the general and residential amenities of neighbouring residents. Therefore, the proposal is acceptable based on the requirements of Policies B23, B24, C1 and D13 of the UDP.

Response to the public consultation:

5.4 It is considered that the concerns and objections of the owners of the boats anchored within the dock have received full consideration when dealing with this application. However, it is considered that their objections relate to the type and size of the proposed facilities for dock users rather than an objection to the principle of converting the building itself. To this end, it is believed that no matter raised by the objectors outweighs the relevant policy considerations and that managerial matters are raised by them.

PLANNING COMMITTEE DATE: 02/09/2013 REPORT OF HEAD OF REGULATORY DEPARTMENT CAERNARFON (PLANNING, TRANSPORTATION AND PUBLIC PROTECTION)

6. Conclusions:

6.1 Taking into consideration the above assessment, it is believed that the proposal is acceptable in terms of its location, use, design, scale and requirements of the relevant planning policies and guidance.

7. Recommendation:

7.1 To approve - conditions:-

1. Five years 2. In accordance with the plans. 3. Windows and doors to be of grey colour. 4. Remove the temporary building from the site and restore the land to acceptable condition.