Pwyllgor Cynllunio 26/09/2011 Planning Committee Date

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

DYDDIAD: PWYLLGOR CYNLLUNIO 26/09/2011 PLANNING COMMITTEE DATE :

EITEM CAIS RHIF CYMUNED LLEOLIAD ITEM APPLICATION COMMUNITY LOCATION NUMBER

1 C02D/0515/44/LL Porthmadog Tyddyn Adi Caravan & Tenting Park, Morfa Bychan, Porthmadog 2 C09A/0410/11/LL Bangor Dickies Boatyard, Ffordd Garth / Garth Road, Bangor 3 C09A/0411/14/LL Caernarfon Llain O Dir Cyfagos / Land Adjacent To, Tyddyn Pandy, Ffordd Llanbeblig / Llanbeblig Road, Caernarfon 4 C09A/0518/16/AM Llandygai Tir Ger / Land Near Pentwmpath, Llandygai, Bangor 5 C10A/0506/15/AM Llanberis Tir Ger / Land Near, Ty Du Road, Llanberis, Caernarfon, 6 C11/0089/39/LL Llanengan Llwyn Du, Lon Sarn Bach, Abersoch 7 C11/0281/20/LL Y Felinheli Hotel Plas Dinorwic, Ffordd Siabod, Y Felinheli 8 C11/0304/18/LL Llanddeiniolen 6381, Caeau Gleision, Rhiwlas, Bangor 9 C11/0382/30/LL Aberdaron Maes Gwyn, Bodferin, Rhoshirwaen 10 C11/0546/11/LL Bangor Tir Ger / Land By, Ffordd Caergybi / Holyhead Road, Bangor 11 C11/0566/35/LL Criccieth Ty'n Rhos, Criccieth, 12 C11/0699/23/LL Llanrug Brynteg Holiday Home Park Ltd, Llanrug, Caernarfon 13 C11/0666/23/LL Llanrug Seiont Riverside Camping, Pontrug, Caernarfon

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Number 1

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Application Number: C02D/0515/44/LL Date Registered: 14/10/2002 Application Type: Full Planning Community: Porthmadog Ward: Porthmadog – West

Proposal: SITING OF ADDITIONAL 40 TOURING CARAVANS ON TENTING AND TOURING CARAVAN SITE. Location: TYDDYN ADI CARAVAN & TENTING PARK, MORFA BYCHAN, PORTHMADOG, GWYNEDD, LL49 9YW

Summary of the TO REFUSE Recommendation:

Description: It is proposed to site 40 additional touring caravans on an existing tenting and touring caravan site which lies within the Landscape Conservation Area and to the north of the Morfa Bychan golf course. It is proposed to site eight units to the north west of existing hard standing plots and the remainder will be sited near the shower and toilet block to the south west.

The vehicular access to the site goes past a housing estate off the third class county road which runs through the village. There are no dwellings abutting the existing site; however, the site is visible from public footpaths in the area and which run across the land which is the subject of the application.

Relevant Policies: Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that 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.

Gwynedd Unitary Development Plan 2009: B10 – Protecting and enhancing Landscape Conservation Areas by ensuring that proposals conform to a series of criteria aimed at avoiding significant damage to recognised features. CH33 – Development proposals will be approved if they comply with specific criteria involving the vehicular access, the quality of the existing roads network and traffic calming measures. D20 – Proposals for increasing the number of pitches, extensions to sites, relocation or exchange of sites will be approved if the proposal includes a plan to ensure environmental and visual improvements, and meets other criteria regarding the impact of the development on the local area.

National Policies:

Planning Policy Wales (Fourth edition, February 2011)

Paragraph 11.3.1 In determining planning applications for tourist developments, local planning authorities need to consider the impact of the proposals on the environment and the local community.

Technical Advice Note 13 – Tourism Paragraph 13 – ‘……New and extended sites should be effectively screened, and planned so as not to be visually intrusive….’.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Paragraph 14 – ‘Local planning authorities should examine the scope for encouraging holiday caravan site operators to improve the quality of their sites and to relocate sites away from particularly sensitive areas, such as the Heritage Coast. Policies to this effect should be included in development plans. In some cases to facilitate improvements or relocation, local planning authorities may need to consider some expansion of the area covered by a site, so that improved layouts and better landscaping can be implemented.’

Relevant Planning History:

2/24/U.124 ‘N’ – Legal use certificate for seasonal tenting site. Approved 9 December 1986.

2/24/124 ‘T’ – Siting of 20 touring caravans on part of a campsite. Approved 28 March 1996.

Consultations:

Community/Town Council: No objection.

Transportation Unit: To refuse unwilling to have an additional development which will attract more traffic through Morfa Bychan and lead to problems on the roads. However, should the applicant be willing to replace one hundred tents on the site with 40 touring caravans, then the Transportation Unit would look more favourably on the application.

Environment Agency: Need to agree on land drainage details and the treatment of foul water.

Welsh Water: No objection.

Public Protection Unit: No observations

Public Consultation: A notice was placed on the site. The advertising period ended on 26 November 2002. A letter was received from the Campaign for the Protection of Rural Wales objecting on the following grounds: • Concern regarding the proposal to have further touring caravans again; • Lack of additional screening proposed; and • Traffic problems through the village becoming even worse.

Additional Information: A site licence for 500 tents had been issued for the site in 1982 which continues to be effective and a licence was issued on 10 January 2011 for 20 touring caravans.

Material Planning Considerations:

Extending numbers on existing sites 1. Policy D20 of the GUDP states that proposals to increase the number of pitches on existing touring caravan sites will be approved provided that the proposal forms part of a scheme that will result in environmental and visual improvements in terms of siting, layout, design and the appearance of the site and its setting in the surrounding landscape, and that the proposed development will not exceed the ability of the vicinity (e.g. environmental, social and cultural, roads network, amenities etc) to

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

accommodate such developments, taking into account the cumulative effect of existing and approved touring caravan, camping and touring unit sites within the locality.

2. With regard to the application submitted, no environmental or visual improvements are proposed and, therefore, it is considered that the proposal is contrary to the principle of Policy D20. The existing site lies within a Landscape Conservation Area and Policy B10 protects and ensures that any development enriches the area. As no environmental improvement plan has been submitted, the proposal is contrary to Policy B10 also.

Road considerations 3. The Morfa Bychan area has a significant number of sites for static and touring caravans as well as campsites, and licences exist for a total of approximately 1380 static caravans, 367 touring caravans and 770 tents in the area. This means that the village has to cope with a high level of traffic particularly during the summer months.

4. A consultation with the Transportation Unit was undertaken at the time and an objection was received because the proposal would attract more traffic through the village. Although there is potential for the proposal to be contrary to policy CH33 in this sense, it must be questioned whether an increase of 40 units on the site is likely to cause an unacceptable increase in traffic flow through the village and whether this would cause substantial harm to road safety. It is not considered that an objection on grounds of road safety in itself would be sufficient to warrant refusing the application as the increase in traffic flow through the village, should the proposal be approved, is not likely to be substantial.

Conclusions:

It is appreciated that the application was submitted to the Council for consideration some time ago and that a different Local Development Plan existed at the time. However, the policy principle has not changed at all since the adoption of the GUDP in 2009.

In order to allow approving increasing the numbers on the existing sites, it must be shown that the proposal in question is part of a scheme for environmental and visual improvements. Such a scheme has not been presented with the current application and, therefore, the proposal is contrary to Policy D20 of the GUDP. Without such an improvement, it is considered that the proposal would have an impact on the visual amenities of the Landscape Conservation Area contrary to Policy B10.

In the absence of any other material planning consideration, the current application must be determined in accordance with local planning policy and national planning guidance. Consequently, it is recommended that the application be refused for the reason noted.

Recommendation:

To refuse – reasons – contrary to Policy D20 (no evidence presented that the proposal forms part of a scheme which would result in environmental and visual improvements in terms of location, layout, design and the setting of the site being in keeping with the surrounding landscape); contrary to Policy B10 of the GUDP (existing site having an unacceptable impact on the visual amenities of the Landscape Conservation Area and no environmental/visual improvement plan has been presented to reduce that impact).

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Number : 2

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Application Number: C09A/0410/11/LL Date Registered: 28/08/2009 Application Type: Full Planning Community: Bangor Ward: Garth

Proposal: DEMOLISH EXISTING BUILDINGS ON THE DICKIES BOATYARD SITE, CREATION OF ROUNDABOUT AND VEHICULAR ACCESS FROM BEACH ROAD VIA MEDWAY ROAD ONTO THE SITE, CREATION OF FOOTPATH FROM THE SITE ONTO GARTH ROAD AND THE ERECTION OF 72 RESIDENTIAL UNITS ( INCLUDING SUBSTITUTION OF TWO APARTMENTS FOR TWO DWELLINGS ) Location: DICKIES BOATYARD, GARTH ROAD, BANGOR, GWYNEDD

Summary of the To delegate the right to approve Recommendation:

Description:

Following discussions on the application at the meeting held on 7 February this year, it was resolved to defer the decision in order to allow time for further discussions with the developer in relation to relocating the vehicular access of the proposed estate from the proposed location on Garth Road to Beach Road.

Meetings have been held between the authority and the developer to discuss this matter and it was agreed that relocating the access would be acceptable having considered all the relevant matters, including agreeing on a payment for using part of the nearby playing fields land for the work of adapting Medway Road and creating the new access.

Therefore, the application has been amended from its original submission by doing away with the vehicular access from Garth Road; creating a new roundabout on Beach Road; adapting part of Medway Road and creating a new vehicular access so that the access to the estate now leads from Beach Road, past the 'Crossville' Social Club.

In addition to the aforementioned changes, the gap where the proposed access from Garth Road was now has 2 twostorey semidetached houses and a footpath to connect the estate with Garth Road. The internal layout of some buildings has been amended and the outcome being that the number of living units provided on the site continues to be 72 in total as it originally was.

This is a full application for planning permission to demolish buildings and clear the site, adapt part of an existing road and create a new vehicular access, erect 72 residential units and associated works including the creation of an estate road and parking spaces, installation of services, landscaping, creating a footpath etc.

The site lies within the development boundaries of Bangor city, which has been designated a subregional centre in the Gwynedd Unitary Development Plan (July 2009) and in a prominent location adjacent to one of the main roads into the city (the A5 or Beach Road) and verges onto a part of Hirael Bay, within the area known as Garth.

Garth Road runs along the western boundary of the site with residential houses and a medical centre nearby, also there are other residential houses and a public house situated adjacent to the northern part of the site. A petrol station and social club lie on the southern boundary of

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION) the site whist Lôn Glandŵr, which is a recognised byway, runs from Beach Road and along part of the site towards the Glandŵr houses to the north of the site.

The site has been used as a commercial boatyard for an extensive period, this use has now ended and both the buildings and the site itself remain dormant.

The plans included with the committee report show the proposed development, and it can be seen from these details that the scale of the units varies between 2/2½/3 floors whilst they will be finished with render and slate roofs (usually, mitigation of the finishes are agreed through conditions). Also, the finishes of the estate road, parking spaces and the boundary treatments will be agreed with conditions.

The proposal has been screened in relation to the need for an Environmental Impact Assessment (EIA) due to the possible impact on the nearby site of special scientific interest, and it had been concluded that there is no need for an EIA as the proposal does not cause substantial harm to recognised interests of importance.

Briefly, the work will include the following: • clearing the site, including building demolition • installing infrastructure and services • increasing land levels on parts of the site which are at risk of flooding (in accordance with the outcomes and the recommendations of the flood risk assessment) • creating a new vehicular access and adapting part of Medway Road • creating an estate road and parking spaces • constructing the living units • landscaping • public art features • street furniture (benches, bollards, lamps etc) • provision of play equipment • creating a new roundabout on Beach Road

There will be a variety of living units, in relation to size and type, within the site, and an element of them will be affordable houses under the developers' partownership scheme, namely: • 4 four bedroom houses • 21 three bedroom houses • 34 two bedroom flats • 9 one bedroom flats • 4 three bedroom flats

National Policies:

Planning Policy Wales (edition 3, 2010)

Chapter 3 – determining planning decisions and enforcing them Chapter 4 – planning for sustainability

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Chapter 5 conserving and improving the natural heritage and coastline Chapter 6 conserving the historic environment Chapter 8 transport Chapter 9 housing Chapter 13 – limiting and controlling environmental risks and pollution

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

Gwynedd Unitary Development Plan 2009:

Design Standards – Strategic Policy 4

Development 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.

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.

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 1807 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.

Policy A1 – Environmental or Other Impact Assessments Ensuring 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

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION) or not) or their setting. Also refuse any development which will affect other archaeological remains unless the need for the development is greater than the significance of the archaeological remains.

Policy B16 – Protect Nature Conservation Sites of National Importance Refuse proposals which are likely to cause significant damage to nature conservation sites of national significance unless they conform to a series of criteria aimed at protecting, enhancing and managing recognised features within the sites.

Policy B20 – Species and their Habitats that are Internationally and Nationally Important Refuse proposals which are likely to cause disturbance or unacceptable damage to protected species and their habitats unless they conform to a series of criteria aimed at safeguarding the recognised features of the site.

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

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

Policy B25 – Building materials Safeguard the visual character by ensuring that the building materials are of high standard and inkeeping 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 B29 – Developments on Land at Risk of Flooding - Manage specific developments in the C1 and C2 flood zones and direct them towards suitable land in zone A unless they conform to a series of criteria relevant to the features of the site and to the purpose of the development.

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

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

Policy C5 – Redevelopment Sites Permits development proposals on sites noted on the proposals maps as redevelopment sites, provided they are consistent with the relevant development briefs and/or any master plan approved for the site by the Local Planning Authority.

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

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

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

Policy CH33 – Safety on Roads and Streets Development proposals will be approved if they can conform to specific criteria regarding the vehicular access, standard of the existing 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 offstreet 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, Health and Community Services – Development proposals for new facilities associated with education, health and the community or extensions to existing facilities will be approved provided they conform with a series of criteria regarding the location of the proposal, its accessibility using different modes of travel, together with highway issues, the design of any new school and the effect on a specific town centre.

Policy CH43 – Provision of Open Spaces of Recreational Value in New Housing Developments 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 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: • Housing developments and open spaces of recreational value • Planning for sustainable building • Planning obligations • Affordable housing • Housing developments and educational provision • Hirael Bay Redevelopment Site – development principles (DRAFT) • Development Briefs

Gwynedd Design Guidelines

Relevant Planning History:

The site’s history is substantial and mainly involves its previous use as a boatyard.

Consultations:

Community/Town Council: No objection to the original application or the following amendments provided that the right of way across the site is maintained, that a portion of the houses are designated social houses for local residents and that flood prevention measures are applied.

Transportation Unit: At the Committee on 7 February, concerns were highlighted in relation to the location of the access shown, and reference was made to the fact that an access to the site from Beach Road would be an improvement. Following this deferral, the matter of relocating the

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

access has been discussed at length with the applicant, including observations independent from the transportation assessment submitted on behalf of the applicant (by the Singleton Clamp company), from the Richard Broun Company (acting on behalf of the Council), and following this review, further information was submitted by Singleton Clamp. Following amending the application by adapting Medway Road, creating a new access and roundabout, the application is supported and relevant conditions are suggested.

Environmental Health Section: Standard conditions and advice regarding the proposal in relation to contaminated land and the need to provide a report to assess the condition of the land.

Environment Agency: Observations regarding the proposal based on the submitted flood consequences assessment/report and related conditions involving the development including submitting land level details, surface water drainage schemes, landscaping etc. to be approved.

Countryside Council: Observations regarding protected species that could possibly be using the site buildings, and the need to undertake a survey of the site and to submit a report in relation to this matter.

Biodiversity Unit: State that a bat survey must be arranged in relation to the site buildings.

Tree Officer: Observations regarding the proposal and the general layout of the site, further details are requested to be submitted and approved.

Welsh Water: Standard conditions and advice regarding the proposal, involving drainage, sewerage, surface water, connections to public systems etc.

Archaeological Trust: Observations regarding the proposal and a standard condition to ensure that an archaeological survey is undertaken on the site prior to the commencement of the development.

Access Officer: Observations regarding the proposal, with an emphasis on ‘Lifelong Homes’ standards.

Policy and Performance Unit: Thorough observations regarding the proposal and its compliance with the Authority’s adopted policies.

Fire Service: Not received.

Affordable Housing Officer: Observations regarding the proposal and the provision and type of housing available. Following an assessment undertaken by DVS, property specialists for the public sector, further information was submitted regarding this element. Please see further observations regarding this matter.

Design Commission Wales: Observations regarding the proposal including the access and its location. Please see further observations regarding this matter.

Public Consultation: The application was advertised extensively, as well as the amendments, by placing a notice in the local press (with the

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

original application), placing notices on the site and sending consultation letters to nearby residents. A substantial number of letters of objections were received from local residents, bodies such as the Hirael Bay Group and the RSPB. Additionally, evidence was received in the form of photographs showing the impact of flooding on the site. Some of the main relevant objections are noted as follows: • the site’s vehicular access is in an unsuitable location • detrimental impact on the local roads network • detrimental impact on the visual amenities of the area • overdevelopment of the site • height of the proposed houses • flood concerns • impact on the environment, community, landscape • lack of parking • unacceptable design • lack of increase in public improvements • right of way • impact on current services • detrimental effect on current medical centre • housing density • lack of compliance with policies and guidelines • lack of compliance with requirements regarding developing in a sustainable way • lack of compliance with the Hirael Bay scheme, and is premature as this scheme has not been formally adopted • contaminated land • impact on protected sites and the need for an appropriate assessment in relation to the development.

In addition to the requirements of the Local Planning Authority to undertake consultation with relevant bodies and members of the public, the developers have held/attended local meetings to discuss the proposed development.

The original consultation period ended on 15 October 2009. Some elements of the application have been amended four times since it was originally submitted, the details are as follows: • changes mainly affecting Garth Road, widening to include parking spaces, creation of footpath etc, this consultation ended on 1 February 2010. • further details submitted by the developer regarding ground levels, drainage details, sewerage, finishes etc, this consultation period ended on 3 July 2010. • changing elements of the finish of some of the development units by proposing a front balcony rather than a juliette balcony as originally shown, the consultation period ended on 8 January 2011 (however, due to the Christmas period, the

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

consultation period was extended and consideration was given to all of the correspondence received at the time of preparing this report). • Relocating the vehicular access from Garth Road to Beach Road, erecting 2 twostorey semidetached houses and creating a footpath, changes to the living units in the form of minor structural changes and layout. The consultation period ended on August 19 (two objections were received as a result of the latest amendments).

Additional Information:

This application is supported by the following documents and reports, as submitted:

1. 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. The report was amended and updated to comply with the latest changes made to the application, namely to relocate the access and the content of the report as submitted is agreed with.

2. 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.

3. Language and Community Impact Assessment – this report was submitted to include specific information regarding the local area and population and the impact of the development on related matters which stated that no language implications would derive from the development due to its location within the boundaries of the city of Bangor which is a regional centre.

4. Bat Roost Report – produced to assess the site’s buildings in relation to the possibility that bat roosts exist within the buildings, and recommends appropriate measures.

5. Affordable Housing Statement – this report explains and confirms the number and the type of affordable housing available on the site, which is a provision under their own partownership scheme.

Material Planning Considerations:

The main considerations in this application are:

Policy Context

1. The site is located within the development boundaries of the city of Bangor, which has been defined as a subregional centre within the Gwynedd Unitary Development Plan adopted in 2009.

2. Relevant assessments and reports have been submitted and they support this application, as noted in the Additional Information section of this report, therefore, it is considered that the application conforms to policy A1 requirements.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

3. As referred to above, reports have been submitted in relation to this application, the suggested conditions will ensure that the development will safeguard relevant matters and will therefore comply with policy A3 requirements.

4. Policy C1 refers to locating new developments. The development site is located within the boundary for Bangor as defined within the Gwynedd Unitary Development Plan, therefore, the proposal is considered to be in accordance with policy C1.

5. Policy C3 and strategic policy 6 support reusing previously developed sites. It is considered that this is a brownfield site and, therefore, the proposal complies with policy C3.

6. Policy C5 permits development proposals on sites noted on the proposals maps as redevelopment sites, provided they are consistent with the development briefs. Although the Hirael Bay SPG had not been formally adopted at the time of writing this report, it is a consideration, and it has referred to mixed developments within the area, including residential developments. The proposal therefore complies with the requirements of policy C5.

Education and Recreation

7. Evidence shows that existing education facilities in the area have the capacity to deal with this development, which is consistent with policy CH37.

8. Policy CH43 attempts to ensure a sufficient provision of entertainment facilities to meet the requirements of residents within a housing development of ten or more houses. In this case, there are sites already within the catchment area, and it is considered that should contributions be made to provide equipment in one of those suitable sites through a 106 agreement or within the site itself, policy CH43 requirements will be met.

Transportation Issues

9. As already noted, a transportation assessment was submitted with the application referring to transport movements in the area, movement patterns and the likely impact of the proposed development on the local roads network. As noted, there have been lengthy discussions regarding the access and other relevant matters, and the outcome is that the access has been relocated and planned to the satisfaction of the transportation unit.

10. Policy CH33 ensures compliance with the criteria involving highways and reducing conflict between pedestrians and cars. The impact of the proposed development has been considered by independent consultants and with the support of the transportation unit, it is considered that the proposal in its amended form complies with the requirements of policy CH33.

11. In addition, the parking provision within the site for residential units is acceptable and conforms to policy CH36.

Design and visual amenities

12. The site is located in a prominent area verging on Hirael Bay, with Beach Road running alongside the site’s southern boundary and Garth Road verging on the site’s western boundary. The site is mainly surrounded by residential housing, but also,

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

there is a mixed use including a medical centre, public house, social club and petrol station. The nearby buildings vary in size and appearance.

(i) Scale – the proposed living units vary in size with the threestorey units approximately 8 metres high and the twostorey units approximately 7.5 metres high. The twostorey houses are located mainly along the site boundary and intentionally close to the relatively small houses of Sackville Terrace, while the threestorey units are erected in order to take advantage of views to be seen from the site. For comparison, nearby buildings also vary in size, with threestorey houses located next to smaller houses along Garth Road.

(ii) Layout – the nearby site and area are relatively level with land rising towards the west to the rear of Garth Road in the direction of Upper Garth Road and beyond. There is open land to the east of the site, which is part of the site, and beyond this, the historic site of Porth Penrhyn can be seen. As already noted, the tallest houses will be located so that they take advantage of views to be seen from the site. The location of the site access, the route of the estate road and the need to safeguard the Lôn Glandŵr byway have also dictated the layout of the units on the site, meaning that they have been located in the context of these matters.

(iii) Variety – the type and size of units proposed on this site vary in scale, and in appearance to a degree. Although the units have a common appearance in terms of slate roofs, windows, doors, balconies etc. there are a variety of finishes that will reflect the current residential housing along Garth Road. Additionally, there is a variety of hard and soft landscaping, with a planting scheme being introduced in order to ensure that the planting of suitable species contributes towards the appearance of the site, and within areas of aesthetic importance, this will ‘soften’ the appearance of the site from prominent vantage points near the site and beyond. The proposal has attempted to combine various finishes to convey the pattern of the nearby housing, meaning that there would be a continuation, to a degree, of their finishes and appearances. Opinion on design matters is very subjective and conditions can be imposed on any planning permission, should it be decided to approve the application, to agree on the exact finishes and materials in order to reduce the impact of the development in relation to visual amenities.

Policy B22 relates to building design, policy B25 refers to building materials whilst strategic policy 4 refers to design standards. It is considered that the contents of the amended Design and Access Statement submitted with the application and the observations of Design Commission Wales are relevant and explain the logic of the design, layout and the finishes of the proposed development.

It is considered that the requirements of policy B22 have been met and once again, it is emphasised that views regarding design can be very subjective.

Policy CH30 ensures access for all, constructing housing in accordance with the requirements of relevant regulations ensures that the proposal will comply with the requirements of this policy.

Policy B23 attempts to ensure that the amenities of the local area and its residents are safeguarded. A substantial number of objections were received in relation to the original application which referred to the detrimental impact that the proposed development would have on local amenities, mainly due to the original location of the access. Following the relocation of the access and as a result of reconsultation, two objections were received which continued to express concern regarding the impact on

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

neighbouring residents. Having considered all related matters, including the current appearance and form of the site, highway matters, the historical use of the site and the proposed use, it is considered that the proposal in its amended form is acceptable and conforms to policy B23.

Policy B27 refers to landscaping needs, conditions are imposed in order to reach an agreement with regards to this matter to ensure that the site’s appearance in terms of landscaping matters are acceptable and therefore comply with policy B27.

Design Commission for Wales:

13. These proposals have been submitted to the Design Commission Wales and have been discussed with them prior to submitting the official planning application. Observations had been proposed that led to amendments, mainly involving the access to the site.

14. This plan was welcomed as it is an important part of a larger scheme and the proposed use and the initial designs have been supported. However, concerns were expressed originally regarding the proposed access and the Highways Unit’s lack of consideration for other accesses. These concerns were considered in the Commission’s response, and are matters that should be resolved prior to discussing the detailed matters of the application.

15. It was stated that the design should respond more to the Victorian design and appearance of existing buildings with the main emphasis placed on coloured render for the external finishes.

16. The Commission also asked for a commitment to reach level 4 of the sustainable housing standard and a provision of private amenity space and balconies.

17. Further discussions took place on the above matters, and the access was the main concern. In the Commission’s opinion, the first choice in terms of a suitable access was from Beach Road.

Flooding

18. A part of the proposed development site is located within a C2 flood zone as defined on Environment Agency indicative maps. Therefore, a Floods Consequence Assessment was submitted with the application in order to asses flood impact on this particular development. The agency responded by stating that it was satisfied that it would be possible to manage the risks to a sufficient degree in this case by imposing specific conditions, including ensuring that ground levels and finished floor levels are acceptable in order to meet the requirements of TAN 15: Development and flood risk, acceptable landscaping work; divert flood water and surface water drainage arrangements.

19. Many concerns were highlighted by local residents in relation to this matter, including submitting photographic evidence of incidents of severe weather and its impact on the site, however, the Agency’s opinion states clearly that if the suggested appropriate steps are taken, it will be possible to manage the risks to a sufficient degree.

20. Chapter 13.4 (Development control and flood risk) of Planning Policy Wales 2010, states:

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

“Development proposals in areas defined as being of high flood hazard should only be considered where: • new development can be justified in that location, even though it is likely to be at risk from flooding • new development would not increase the potential adverse impacts of flooding

It is essential that the Environment Agency’s advice is received by the Local Planning Authority and given due weight as a material consideration in determining planning applications.”

Policy B29 reflects national policy requirements and planning guidance for developments and flood risk. The submitted flood consequence assessment report and the Environment Agency’s formal response with conditions ensure that the requirements of policy B29 will be met.

Residential development and affordable housing

21. The principle of developing the site for a residential development is consistent with policy CH3, and strategic policy 10 which promotes housing developments on suitable sites that become available randomly within the development boundaries of Bangor. A density average of 30 houses per hectare (hph) has been applied to randomly developed sites which is consistent with what the inspector suggested at the GUDP public inquiry. The site measures approximately 1.08ha and providing 72 residential units there is equivalent to a building density of 67hph, which is nearly twice the number suggested. However, the GUDP emphasises that this is an average. Building density in Bangor varies from area to area. Building density along Garth Road and the Hirael area is approximately 54hph and 58 hph. Given this, its location within an urban area with good transport links, it is believed that the principle of developing the site for 72 residential units is acceptable.

22. Policy requires an element of affordable housing on development sites of this type unless there is firm evidence to hand to show that it is not practical to provide them. The assessment undertaken by DVS (District Valuer Service) shows that it is not viable to provide affordable homes as defined by TAN 2 and GUDP policies, namely, 25% of the houses on the site.

23. However, the developer proposes to include an element of affordable housing under its own partownership scheme. This has been considered acceptable and reasonable under the circumstances.

Environmental Impact Assessment:

24. The application must be considered in accordance with Town and Country Planning Regulations (Environmental Impact Assessment) (England and Wales) 1999. The application falls within Appendix II (part 10b) of the EIA regulations 1999. The application has been in consultation with the Countryside Council for Wales and the Authority’s Biodiversity Unit and no instructions have been received to undertake an environmental impact assessment on the proposal. Although an objection was received from the RSPB in terms of the detrimental impact of the development on protected sites and the need for an EIA, the authority is of the opinion, given all the evidence submitted with the application in the form of detailed reports, consultation responses, the location of the site in the context of nearby protected sites and the

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

historic industrial use of the site (brownfield), that there was no need for a formal Assessment under the requirements of the Town and Country Planning Regulations (Environmental Impact Assessment) (England and Wales) 1999 and this was noted in a “Screening Opinion”.

25. A bats survey report was submitted in relation to the buildings on the site which proved that there was no evidence of use of these buildings by protected species, therefore, it is considered that the requirements of policies B16 and B20 are satisfied.

Archaeology

26. Further observations were received from the Gwynedd Archaeological Service, following its original response to the consultation. Reference was made to matters involving design and possible impact on the Dyffryn Ogwen designated site of historic interest and that an ASIDOHL 2 assessment/report should be undertaken to assess the impact of the development on the historic landscape. Having considered the matter, the authority was of the opinion that the site was not within a site of historic interest and there would be no need to submit a report in relation to this matter. A written research plan will have to be submitted in accordance with the original request of the Gwynedd Archaeological Service in order to ensure that the development within the site itself does not have a detrimental impact on any archaeological remains discovered and in doing so, it is considered that the proposal is in accordance with the requirements of policy B7.

Linguistic and Community Assessment

27. This report was submitted in order to assess the impact of the development on these specific matters. The content of the report was assessed by the policy and performance unit. The proposal offers an element of affordable housing by tying the sale of a portion of the units to partownership ones through the developer’s implementation plan. This means that the site would be attractive due to the affordable element and its location for a number of the local population. Briefly, the unit recognises that the development is likely to have a positive effect on matters such as local services and shops, and since a significant percentage of the population of Bangor are Welsh speakers the development would be attractive to the local population and beneficial in terms of supporting the Welsh language.

Ffordd Glandŵr and rights of way

28. As a result of the planning application, consideration had to be given to the rights of way which cross the site of the proposed development. Guidance was received from the rights of way unit who has agreed to suitable amendments which ensure that the rights to cross the site are maintained.

Conclusions:

The site is located within the Bangor city development boundaries, and forms part of a larger area which has been designated as a site for redevelopment in the GUDP. This application site has not been designated within the redevelopment area as a site of recreational value; therefore, the principle of the development has been established in the Unitary Development Plan process. Although the Hirael Bay SPG has not been formally adopted, the process of preparing it was the subject of a public consultation, and therefore, it is reasonable to consider

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION) that it does carry limited weight as a material planning consideration. The Hirael Bay SPG has identified a number of uses for the redevelopment area in its entirety, identifying residential use as a suitable and appropriate use for the site which is the subject of this application.

In light of the above and having given full consideration to all relevant planning matters including letters of objection, it is considered that this proposal is suitable and that it complies with the requirements of relevant local and national policies and guidance.

Recommendation:

To delegate the right for the Planning Manager to approve the application subject to completing a 106 agreement involving improvements to playing fields in the area by agreeing on an appropriate financial contribution towards improving the existing provision such as providing new equipment e.g. provision of public art on the site – Conditions – commence within five years, comply with plans, agree on materials and finishes, suitable landscaping, flood prevention steps, highways conditions including changing the status of Ffordd Glandŵr, removal of permitted rights, archaeological assessment, prevent pollution, sewerage and surface water.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Number: 3

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Application Number: C09A/0411/14/LL Date Registered: 26/08/2009 Application Type: Full Planning Community: Caernarfon Ward: Peblig

Proposal: RESIDENTIAL DEVELOPMENT OF 136 DWELLINGS TOGETHER WITH GREEN SPACES, NEW ACCESS AND DRAINAGE WORKS Location: LAND ADJACENT TO TYDDYN PANDY, LLANBEBLIG ROAD, CAERNARFON, GWYNEDD, LL55 2SE

Summary of the TO DELEGATE THE RIGHT TO APPROVE WITH CONDITIONS . Recommendation:

Description: This is an application to erect 136 dwellings, estate roads, a new access (already completed under another permission), sewerage works and open spaces on land adjoining Llanbeblig Church and the cemetery, and the new Ysgol yr Hendre school, measuring 4.1ha (around 10 acres) to the east of the town itself.

To the north of the site is a football field owned by the Council (Cae Top), to the west is the development site of Ysgol yr Hendre (formerly Cae Phillip), to the south is Llanbeblig Road (A4085) and the residential property of Tyddyn Pandy, and to the east there is agricultural land and a farmhouse called number 2 Tyddyn Pandy. The site’s boundaries are defined by mature ‘cloddiau’, with the exception of part of the southern boundary where the new access is located. The site has been designated for housing in the Unitary Plan and in the Supplementary Planning Guidance "Development Briefs" (November 2009).

The proposal includes 13 types of dwellings which vary from a four bedroom house to a one bedroom duplex unit. Taking into consideration the scale of the proposal, the development will be divided into five different stages, with the first stage to include 22 houses (eight of those will be affordable houses). Every house has a garden (which includes communal gardens for the flats) and offstreet parking spaces. The design of the houses is a reflection of other housing located around this site, including the recently constructed Maes Meddyg housing estate (erected by the same developer).

Externally, the houses will have a brickwork appearance to the walls (details about the different colours of the bricks have already been submitted as part of the application), natural slate for the roofs (again, a sample of the slate proposed for the roofing has been submitted with the application), water goods of black uPVC and windows and doors of white uPVC.

In addition to the houses, the proposal also includes an open/playing space to the south, opposite Llanbeblig Road, which is one of the requirements in the development brief.

As referred to above, the access has already been completed under another application that was submitted by the Council, and the new access will serve the new school and the proposed housing estate, which is the subject of this application. One main road runs through the site, while a number of minor roads serve the cul de sacs. The proposal also involves landscaping in the form of planting trees and reinforcing the current cloddiau that run along the site's boundaries.

Relevant Policies: 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

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.

Gwynedd Unitary Development Plan 2009:

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

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

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

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

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

POLICY CH18 – AVAILABILITY OF INFRASTRUCTURE Development proposals will be refused unless there is an adequate provision of necessary infrastructure for the development, unless they can conform to one of two specific criteria which require that appropriate arrangements are made for to ensure adequate provision or that the development is carried out in stages in order to conform to any proposed scheme for the provision of the infrastructure.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

CH19 – PROVISION OF NEW INFRASTRUCTURE OR PUBLIC SERVICES Proposals to provide infrastructure or public services will be approved provided they can conform to a series of specific criteria relating to the scale and design of the development, along with visual, environmental, amenity and highway matters.

POLICY CH28 – IMPACT OF DEVELOPMENT ON JOURNEYS Proposals for large scale developments that will cause a substantial increase in the number of journeys made in private vehicles will be refused, unless they include measures to reduce the environmental impact. Developments that are planned and designed in a manner that promotes the most sustainable and environmentally acceptable modes of transport will be favoured.

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 CH31 – PROVIDING FOR CYCLISTS Development proposals that do not provide specific facilities for cycling where there are obvious opportunities for doing so will be refused.

POLICY CH32 – INCREASING ACCESSIBILITY BY PUBLIC TRANSPORT Proposals that are likely to lead to a substantial increase in the number of journeys in private motor vehicles will be refused unless there is adequate public transport service in place as an alternative, or unless the development will be effectively serviced by public transport in the future and that consideration has been given to promoting the use of public transport services in the planning and design of the development.

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

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

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

POLICY CH43 – PROVISION OF OPEN SPACES OF RECREATIONAL VALUE IN NEW HOUSING DEVELOPMENT

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Expect that new housing developments of 10 or more dwellings, in areas where the existing open spaces provision cannot meet the needs of the development, provide suitable open spaces of recreational value as an integral part of the development.

Supplementary Planning Guidance on “Affordable Housing”, “Planning Obligations”, “Residential Development and Open Spaces of Recreational Value” and “Housing Development and Educational Provision”.

National Policies:

TAN 12 on “Design” (June 2009).

Relevant Planning History: Although there is no planning history directly related to the site, planning permission was granted in June 2010 for the provision of new roads and an access to the new school, under planning reference C10A/0202/14/R4.

Consultations:

Community/Town Council: Disagree due to concerns about transportation and details regarding affordable housing, and also wish for the site to undergo archaeological research.

Transportation Unit: Not received, although there had been no objection to the application to construct the new access under application number C10A/0202/14/R4 – see above.

Environment Agency: A condition with regard to submitting a surface water plan.

Welsh Water: Standard conditions regarding surface water and foul water.

Public Protection Unit: Need an assessment of the site to see if it is polluted, as there is an old landfill site within 250m of the site.

Access Officer: It should be ensured that the houses are designed in accordance with “Lifetime Homes Standards”.

Gwynedd Archaeological Need an assessment of the historical and archaeological Planning Service: implications of the site due to the area’s connections with Saint Peblig and Magnus Maximus. In this respect the Council (with the development of the new school) and the applicant of the current application have consulted regularly with the Archaeological Service, and the latest situation is that a brief has been prepared by the Service for the applicant, who needs to comply with the requirements of the brief itself, which includes undertaking a geophysical study of the site and digging/excavation work.

Wales & West Utilities: A condition regarding safeguarding the gas pipe that crosses the site.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Public Consultation: The application was advertised in the press, on the site and by sending letters to neighbours, and three letters were received noting concerns about the following matters: • Changing the surface of the land could create drainage problems and affect the occupants’ property (2 Tyddyn Pandy). • Concern about the effect of the development on the roots of a tree on the northern boundary of the above property’s garden. • The clawdd to the north of the boundary is not part of the development site. The clawdd to the east of the property currently screens the property. From the information submitted with the application, it is assumed that this clawdd would be removed – need further explanation on this matter. • The matter of overlooking needs addressing, together with general safety. • Overdevelopment of the site and associated traffic along a road which is already busy.

In addition to the above, the owner of the land and his immediate family submitted a letter of support to the application, which referred to the following matters: • The development would benefit the town. • It would create more affordable housing to meet the local need for such housing. • The design of the development makes good use of the land that is available to build upon. The site has good links with local industry and the town centre based on employment facilities.

Additional Information:

As part of the application, a Design and Access Statement was submitted in accordance with the requirements of TAN12 on “Design”. The contents of the statement correspond to the nature and scale of the proposal, and include details under the five statutory headings. In addition to the above statement, a nature conservation assessment was submitted with the application itself. The recommendations of the assessment include retaining the cloddiau and sharpening them in parts, and having an ecologist to supervise the work on parts of the site.

Material Planning Considerations:

1. Residential amenities – as referred to above, three letters of objection were received from local neighbours. Two of the objectors come from Bryn Eilian estate that is located to the southeast of the site along the southern side of Llanbeblig Road. Taking into consideration the location and setting of the proposed houses in relation to the objectors’ property, it is not believed that there will be a significant impact on the general amenities of the occupants of this particular property. Furthermore, it is believed that the adjacent class I county road (Llanbeblig Road) can handle the

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

additional traffic created by the development, and it must also be borne in mind that the road is already busy and is one of the main roads that connect the town to the countryside. In addition, the Planning Inspector in assessing the Development Plan has raised the density of general construction on sites that have been designated, or are suitable for housing, therefore this site could take up to 136 houses without being deemed an overdevelopment of the site. A letter was also submitted by the occupants of 2 Tyddyn Pandy, which adjoins the site halfway along its eastern boundary. The location of this property has been considered when designing this part of the estate, taking into consideration the importance of safeguarding the privacy and the amenities of the property’s occupants. To this end, the applicant has discussed the occupants’ concerns and has designed this part of the estate in order to mitigate the impact of the development on the amenities of the occupants themselves. Taking into consideration the above observations, it is thought that the proposal is acceptable in respect of the requirements of Policy B23 (safeguarding the amenities of the local neighbourhood) of the Unitary Plan (UP).

2. Visual amenities – as referred to in the above assessment, the site is an open site located by Llanbeblig Church, which is a grade I listed building. The axis and topography of the land means it runs down to the east and south, so that the upper part of the site is more prominent than the remainder of the site. However, it is not believed that the proposal (despite it being a vast development in terms of density and surface area) in its entirety will have a substantial impact on the visual amenities of the local area, taking into consideration the following matters: • The setting and location of the houses have been designed so that open areas/green spaces have been created between the houses themselves in an informal layout, which cuts down on the physical effect of the development on the site. • The design of the houses (which includes their appearances and sizes) also cuts down on the overall impact of the proposal on the environment, as it is intended to use a mix of different types of houses throughout the estate, which also contributes to the variation in the type of housing proposed. • The design of the houses (based on materials, scale and appearances) is very similar to nearby housing in terms of design and size, and therefore, the proposal can be interpreted as a natural extension to this part of the townscape. This is endorsed in the development brief, which acknowledges that the site is located on the boundary of the current built form of the town, and that it integrates well with the existing development pattern. The proposal will be developed in stages, given its size and scale (again, in line with the advice in the development brief), and as a result of this the effect of the development will be spread over a period of time, rather than in one big step where the impact would be substantial. As referred to above, the site is located approximately 170m to the east of Llanbeblig Church. The church has been listed a grade I building because it is a wellprotected building from the middle ages on an early Christian site. It is not believed, in terms of the distance of the development from the Church (which is more or less the length of the cemetery, which forms a secure area to the listed building), together with the size of the proposed dwellings in comparison with the substantial size of the church, that the proposal will have a substantial impact on the character and setting of the Church itself. The proposal therefore complies with policies B3 (developments that effect the setting of listed buildings), B13 (protecting the open coastline), B22 (building design), B23 (amenities), B25 (building materials) and B27 (landscaping schemes) of the Unitary Development Plan.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

3. Road safety – as referred to above, the access has already been completed through a planning permission granted in June 2010. It is intended for the access to serve the new school on the one hand, and the proposed housing estate on the other. The site will be connected with the existing network of footpaths in the area, in accordance with the Council’s plans regarding “safe travel to schools”. Roads within the proposed estate have been designed specifically for pedestrians rather than vehicles in accordance with the “homezone” guidelines. To support the application a transportation assessment was submitted, which states that access to the site is acceptable, and that the increase in traffic to and from the site will not have an unacceptable impact on road safety along the nearby highway. It is therefore believed that the proposal complies with policies CH33 (safety on roads and streets) and CH36 (private car parking facilities).

4. Design, number and type of houses – the proposal includes an ample range of different types of residential units, so that there is a broad choice available to the local population which includes single people, couples, small, mediumsized and large families. The aim is to attract different members of the community to live together. Furthermore, it is a requirement to have a supply of affordable housing on the site, which meets the local need for these types of dwellings. To this end the applicant has had discussions with the Council and an Area Valuer on the number of affordable dwellings that would be suitable to this proposal. Eighteen affordable dwellings are proposed, with four affordable dwellings to be included in the first stage which involves 22 houses in all, and it is confirmed that this figure is acceptable given the exceptional development costs (e.g. in this case, infrastructure costs, which includes reinstalling the mains gas pipe that runs through the site), the various types and sizes of dwellings proposed (that will appeal to different members of the community), the country’s current financial climate and financial contributions towards providing open spaces of recreational value and an educational provision, along with the fact that the supply of affordable housing is dependent on social grants. Taking the above into consideration, it is believed that the figure of 18 affordable dwellings is an acceptable compromise for the Council. The proposal therefore complies with policies CH1 (new houses on allocated sites), CH6 (affordable housing on all allocated sites) and CH37 (education, health and community facilities) of the UP. This element of the application will be controlled by means of a Section 106 legal agreement. The size, form, scale and architectural features of the proposed housing are an extension of the designs and appearances of housing around the site, especially the most recently erected houses (e.g. Maes Meddyg). As referred to above, the design and size of the proposed houses vary in terms of height, external materials (the brick colour) and layout. The aim is to create an interesting and diverse environment, but at the same time use architectural materials and features that are traditional to this part of the town. The houses have also been located and designed to take advantage of the sunlight for generating light and heat, in order to make them more sustainable.

5. Infrastructure – the infrastructure, which includes sewerage, surface water and gas supply will be managed through relevant planning conditions. It is therefore believed that the proposal is acceptable on the basis of the requirements of Policy CH18 (the availability of infrastructure) of the UP.

6. Accessibility of developments – the site has been designated for residential development as it is situated near one of the main bus service routes into Caernarfon, and is also within easy walking distance of a primary school, a shop, playing fields, and employment opportunities in the industrial estates of Cibyn and Parc Peblig. Taking into consideration these observations, it is believed that the proposal conforms to policies CH28 (impact of development on journeys), CH29 (safeguarding and

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

improving links for pedestrians), CH30 (access for all), CH31 (providing for cyclists) and CH32 (increasing accessibility by public transport).

7. Open spaces – policy CH43 states that new housing developments of 10 or more dwellings, in areas where the existing open spaces provision cannot meet the needs of the proposed housing development, are expected to provide suitable open spaces of recreational value. In this respect, a plot of land on the southern boundary of the site has been designated in the application for use as a playing/recreational space, and to this end the applicant is making a financial contribution towards developing this part of the site through a Section 106 agreement.

8. The effect on the new Ysgol yr Hendre school – the application site is located on the eastern boundary of the new Ysgol yr Hendre school. The rear of the houses and their gardens will create open spaces between the proposed houses and the school site, and the existing clawdd will also be retained and thickened in appropriate places. It is not believed, therefore, that there will be an unacceptable impact on the school's amenities in the form of overlooking and loss of privacy. A similar situation already exists with the current school, which is located in an established housing area. In line with the Council’s supplementary guidance, the developer/applicant will contribute financially towards educational provision in the area, and in this case, towards the new Ysgol yr Hendre school. This will be controlled by the signing of a legal agreement under Section 106.

Conclusions:

Taking into consideration the above assessment and the fact that the site has been designated in the Unitary Plan for housing, it is believed that the proposal is acceptable in terms of location, its setting in relation to its surroundings, the visual and residential amenities, road safety, infrastructure, density, design, materials and landscaping.

Recommendation:

To delegate the right to the Planning Manager to approve the application, subject to the applicant signing a section 106 agreement with regard to securing a suitable supply of affordable housing, financial contributions towards educational provision and open spaces of recreational value, and subject to planning conditions relating to commencing the work, in accordance with the plans, Welsh Water conditions, Environment Agency conditions, landscaping, delegated rights, archaeology and natural slate.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Number : 4

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Application Number: C09A/0518/16/AM Date Registered: 15/12/2010 Application Type: Outline Community: Llandygai Ward: Arllechwedd

Proposal: OUTLINE APPLICATION FOR THE ERECTION OF 15 DWELLINGS, TO INCLUDE FIVE AFFORDABLE DWELLINGS, CREATION OF A NEW VEHICULAR ACCESS AND CREATION OF TREATMENT PLANT AND SOAKAWAY Location: LAND NEAR PENTWMPATH , LLANDYGAI , BANGOR , LL574LG

Summary of the TO APPROVE WITH CONDITIONS AND SUBJECT TO A 106 Recommendation: AGREEMENT

Description: Outline application for the erection of fifteen dwellings including five affordable dwellings, creation of a new vehicular access and estate road.

The site, which is 0.6 hectares, has been designated for residential development within the development boundary of the village of Llandygai in the Gwynedd Unitary Development Plan (2009) and is currently used as agricultural grazing land.

A stone wall and hedge run along the western boundary of the site with the adjacent public road. There are a mixture of finishes along the other boundaries including stone walls and wire fencing.

There is a substantial mature tree presence along the site’s northern boundary and towards the south with a private road running along the southern boundary towards a cluster of houses.

A number of listed buildings are located relatively close to the site and the land is located to the south and approximately 27 metres away at its nearest point from the boundary of a designated Conservation Area. Additionally, part of the site's western boundary is within what is called an 'essential location', namely a site that has been identified by CADW due to its relative proximity to the boundary of the Penrhyn Castle Park of Special Historic Interest.

The proposal involves creating a new vehicular access through the western boundary and then creating an estate road into the site with separate accesses and parking spaces provided for plots 10 to 15. Fifteen dwellings will be constructed of varying height, from two to three storeys and a mixture of between two and five bedrooms, with detached garages for the majority of the proposed dwellings.

This is an outline application; however, a detailed site plan has been submitted with the application which shows the likely location of the proposed dwellings, the parking provision and the layout of the road and access.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Gwynedd Unitary Development Plan 2009:

Policy B3 developments affecting the setting of a listed building – Ensure that proposals have no adverse effect on the setting of Listed Buildings and that they conform to a number of criteria aimed at safeguarding the special character of the Listed Building and the local environment.

Policy B4 – Development within or that affects the setting of Conservation Areas Ensure that proposals within conservation areas, or which affect their setting, are refused unless they aim to maintain or enhance the character or appearance of the conservation area and its setting.

Policy B12 – Protecting Historical Landscapes, Parks and Gardens Safeguard landscapes, parks and gardens of special historical interest in Wales from developments which would cause significant damage to their character, their appearance or their setting.

Policy 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 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 open countryside will be refused with the exception of a development that is permitted under another policy within the Plan.

Policy C7 Building in a sustainable manner – Proposals for new developments or for adapting and changing the use of land or buildings will be refused unless consideration is given to specific environmental matters. Proposals must conform to specific criteria regarding sustainable buildings, unless it is not practical to do so. Proposals must conform to specific criteria regarding sustainable building, 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 subregional centre and the urban centres, which provide the appropriate element of affordable housing.

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.

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

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION) 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 CH30 – Access for all – Refuse proposals for residential/business/commercial units or buildings/facilities for public use unless it can be shown that full consideration has been given to the provision of appropriate access for the widest possible range of individuals.

Policy CH33 – Safety on roads and streets Development proposals will be approved if they comply with specific criteria involving the vehicular access, the quality of the existing roads 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 offstreet parking is provided in accordance with the Council’s current parking guidelines and having given due consideration to accessibility of public transport, the possibility of walking or cycling from the site and the distance from the site to a public car park.

In addition to the above, consideration must be given to relevant adopted guidance, such as:

Supplementary Planning Guidance – Development Briefs

SPG Affordable Housing

SPG Housing Developments and Educational Provision

SPG Housing Developments and Open Spaces of Recreational Value

National Policies:

Planning Policy Wales edition 4, 2011

TAN 12: Design

TAN 2: Planning and Affordable Housing

Relevant Planning History:

The site has no relevant planning history.

Consultations:

Community/Town Council: No general observation, but concerned about the traffic increase on a narrow and busy road.

Transportation Unit: Observations on the proposal and suggest standard conditions in relation to the development.

Environment Agency: Initial objection due to concerns with matters involving sewage; the objection was withdrawn following discussions to include treatment works within the site, no concern in terms of flooding.

Welsh Water: Initial objection as the development would overload the public system, the application has been amended to include a private system and the objection was withdrawn.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Public Protection Unit: Not received.

Archaeological Service: Observations regarding the proposal and its effect on probable archaeological remains, suggest a standard condition to ensure further investigation of the site should it be developed.

Biodiversity Unit. No concerns regarding the proposal.

Tree Officer: Suggests a detailed landscaping plan.

Access Officer: Accepts and acknowledges the contents of the access statement.

Policy and Performance Unit: Observations regarding the proposal itself, the density of the development, the affordable housing element and the infrastructure.

Public Consultation: A notice was posted on site, an advert posted in the local press and nearby residents were informed. The consultation period ended on 03.02.11 and a number of letters were received objecting on the following grounds: • concerns regarding surface water • archaeology • unacceptable increase in the size of the village • harmful effect on listed buildings • lack of consultation • unacceptable number of units • concerns regarding matters involving the nearby road, increase in traffic etc. • impact on the sewage system • impact on the visual amenities including the Penrhyn Castle lodge • overlooking • overdevelopment • inclusion of the site in the unitary plan boundaries

In addition to the above, observations were received from the Penrhyn Castle property manager on behalf of the National Trust. He states that in principle, there is no objection to the proposal, however, due to the site's very sensitive nature in terms of visual amenity, impact on the castle lodge and the architecture and pattern of the village, the proposal must receive detailed consideration. It must also be ensured that no development would have an impact on nearby trees.

The application was readvertised due to a change to the proposal in terms of including sewage treatment works within the site. The consultation period ended on 9 September. No additional observations were received at the time of writing this report. Additional Information:

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

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

• Design and Access Statement – the statement was updated to coincide with changes to the proposal, it is considered that the document is acceptable and that its content has been considered.

• Affordable Housing Statement – this document was submitted in accordance with the guidance included in the SPG Affordable Housing (final draft version at the time of submitting the application), it explains how an element of affordability can be provided within the development.

• Flood Assessment – research was undertaken into matters involving flooding in the site or the impact of flooding on nearby sites, the findings can be seen in this report, where it is confirmed that there is no risk of flooding on the site and that surface water runoff must be managed in order to ensure that there will be no harmful impact on nearby land or property.

• Planning Statement this document seeks to explain the site history, the reasons behind submitting the application, policy matters and other material matters.

• Level 3 Code Sustainability Initial Assessment – this initial assessment is submitted which suggests how the sustainable housing requirements can be met for the site. It can be ensured that the acceptable level is achieved by imposing a relevant condition.

• Archaeological Assessment and Report – here there is a list of actions needed to ensure that an appropriate archaeological investigation is carried out on the site before and during any development in order to discover or record archaeological remains. The site is an archaeologically sensitive site due to its location nearby other sites of archaeological importance, its location within the Dyffryn Ogwen Historic Landscape area and because part of the site is located partly within a park of historic interest.

Material Planning Considerations:

Residential Development in Policy Context

1. The site is located within the development boundaries of the village of Llandygai and the land has been designated for constructing houses in the Gwynedd Unitary Development Plan (2009). This is consistent with policies C1 and CH1 which support applications within development boundaries and residential developments on sites designated for housing.

2. The policy unit has referred to the density of the site and the fact that the number of dwellings in this application is lower than what is expected given the average building density of 30 houses per hectare. The 15 dwellings that are subject to this application equate to 23 houses per hectare, and therefore it is not consistent with the requirements of policy CH1. However, the 30 house per hectare is only an indication, and in this case, it is considered due to a number of relevant factors including the sensitivity of the site in terms of conservational matters as an example, that this figure of 15 houses is acceptable and that it avoids creating a development that would appear too urban in this particular location.

3. The proposal involves providing five affordable dwellings as part of the development, and it is considered that this provision is in line with the guidelines which request that 33.3% of units should be affordable and that a 106 agreement is used to bind this.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Sustainability and Highway Matters

4. New residential developments must satisfy specific sustainability requirements, this site has been registered for this type of development and by setting relevant conditions, it can be ensured that the requirements are met, which satisfies policy C7.

5. Consideration has been given to the location of the site when it was designated for development, in terms of access and accessibility. The site is located within convenient walking distance of the nearby school and in close proximity of regular public transport links.

6. The transportation unit has assessed the application in terms of its impact on highway matters, and although it acknowledges that the adjacent road is popular for people who share their cars to leave their vehicles, this is not sufficient reason for refusing the application. The number of letters of objection refer to their concerns of an increase in traffic along this road. However, this was not highlighted by the transportation unit and it is therefore considered that the access and the number of proposed dwellings for the site are acceptable and in accordance with the requirements of policies CH33 and CH36.

7. Some doubt was expressed regarding seperate accesses for units 10 to 15 rather than the use of one access only. It is noted that this is an outline application with all matters reserved, and that it can be assured that a satisfactory access will be provided an agreed upon when the detailed application is submitted.

Drainage and Sewage Matters

8. The Environment Agency and Welsh Water had originally objected to the application due to concerns with drainage and connecting to public systems. Following discussions between the agent of the application and these bodies, it was found that the intention to install private sewage treatment works within the site was acceptable to the Agency and to Welsh Water, subject to specific conditions.

9. Additionally, the Agency ensures that there will be no unacceptable increase in the threat of flooding in adjacent sites by including a condition which restricts development until a plan to provide and implement a surface water management network is submitted and formally approved by the local planning authority.

Recreational and Educational Facilities

10. It is considered that the development in terms of the numbers is unlikely to cause difficulties for the local school as the school’s current capacity is lower than the possible total which satisfies policy CH37.

11. The site has noted that an open recreational space will be included, which is required for a residential developments of ten units or more in policy CH43. The arrangements and the responsibilities for this open space to be implemented will be arranged through a 106 agreement.

Conservational matters and impact on the amenities of the area

12. It is acknowledged that this site is located within an area of special character. It is within close proximity of the designated conservation area and a number of listed buildings are stood relatively close to the site. A number of matters are considered

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

when designating lands for residential developments in the unitary plan, and impact on the built character and form of villages is a specific consideration.

13. A number have expressed concern with regards to the impact that a development on this site would have on the special character of this area and on the number of historic buildings nearby, especially the Penrhyn Castle lodge. It is considered that the presence of mature trees along the northern boundary of the site creates a natural screen between the conservation area and the site while the presence of a number of other nearby trees contribute to reducing the visual impact on the general amenities of the area. Only a small part of the site’s western boundary is located within the mandatory location as identified in the Register of Landscapes, Parks and Gardens of Special Historic Interest in Wales published by CADW (see a copy of the plan). Again, it is considered that the presence of nearby trees screens this view.

14. This is an outline application with all matters reserved, and this means that matters such as design, layout, materials and elevations, landscaping and any other matter in terms of impact on the area's visual and residential amenities will be considered in full when a detailed application is submitted. In accordance with the details of the development brief, it will be essential for the design of the dwellings to sustain and enhance the character of this special area and therefore, it can be ensured that the requirements of policies B3, B4, B12, B22 and B23 are met.

Conclusions:

The site is located within the development boundaries of the village of Llandygai and is designated for new housing for the common market.

In light of the above matters, and having given full consideration to all relevant planning matters including letters of objection, it is considered that this application is acceptable and that it complies with the requirements of relevant local and national policies and guidance.

Recommendation:

To delegate the right to the Planning Manager to approve the application subject to the completion of a 106 agreement in relation to the affordable housing provision and the open recreational space conditions – time, reserved matters application to be submitted; materials, protection of trees, surface water management plan to be submitted, highway conditions including the creation of an acceptable access and parking spaces, landscaping, removal of permitted development rights, archaeological assessment.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Number : 5

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Application Number: C10A/0506/15/AM Date Registered: 07/02/2011 Application Type: Outline Community: Llanberis Ward: Llanberis

Proposal: OUTLINE APPLICATION TO CLEAR THE SITE FOR THE ERECTION OF 16 HOUSES TOGETHER WITH THE CREATION OF A NEW ACCESS AND ESTATE ROAD. Location: LAND NEAR TŶ DU ROAD , LLANBERIS , CAERNARFON , GWYNEDD , LL554HD

Summary TO DELEGATE THE RIGHT TO APPROVE SUBJECT TO of the Recommendation: CONDITIONS

Description: An outline application with some reserved matters for the erection of 16 dwellings and the creation of a vehicular access and estate road.

The site is located within the development boundaries of the village of Llanberis that is defined as a ‘local centre’ in the Gwynedd Unitary Development Plan (2009).

Currently, the site is overgrown and includes a number of trees and hedges; it is located within a dispersed pattern of residential developments in this part of the village. The location of the proposed access is within approximately 150 metres of the village’s High Street.

The proposal includes erecting 16 twostorey dwellings (which is a reduction from the 18 applied for originally), creating an access and road, a turning space for large vehicles, creating an ecological buffer zone to protect a nearby water course and creating and designating part of the site as a mandorla site.

The houses vary in size and include five 3 bedroom detached dwellings, seven 2 bedroom semi detached dwellings and four 4 bedroom detached dwellings.

Tŷ Du Road runs past part of the site’s northeastern boundary, whilst Frongoch road runs along the southern/eastern boundary of the site; a small road is relatively close to the south western boundary of the site that leads towards Llainwen Isaf to the west.

A number of mature trees are located within the site and because there has been no activity on the site for many years, an overgrowth of some plants, including some poisonous weeds, has taken over in some areas. A tree preservation order has been placed on the site due to the presence of a number of mature trees.

A small stream runs along the northern and western boundaries of the site, whilst residential dwellings that vary in size, form and appearance are dispersed around the site.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Gwynedd Unitary Development Plan 2009:

Policy B16 – Protecting nature conservation sites of national significance Refuse proposals which are likely to cause significant damage to nature conservation sites of national significance unless they conform to a series of criteria aimed at protecting, enhancing and managing recognised features within the sites.

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

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 supplementary facilities in open countryside will be refused with the exception of a development which is permitted under another policy within the Plan.

Policy C7 Building in a sustainable manner – Proposals for new development or for adapting and changing the use of land or buildings will be refused unless consideration is given to specific environmental matters. Proposals must conform to specific criteria regarding sustainable buildings, unless it is not practical to do so.

Policy CH4 – New dwellings on unallocated sites within the development boundaries of local centres and villages – Approve proposals for the construction of new dwellings on unallocated sites within the development boundaries of Local Centres and Villages if they conform to criteria aimed at ensuring an affordable element within the development.

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

Policy CH43 – Provision of open spaces of recreational value in new housing developments Expect that new housing developments of 10 or more dwellings in areas where the existing

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION) open spaces provision does not meet the needs of the development provide suitable open spaces of recreational value as an integral part of the development.

In addition to Unitary Plan policies, 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:

• Affordable housing • Housing development and spaces of recreational value • Planning for sustainable building

Consideration is also given to the document ‘Gwynedd Design Guidance’.

National Policies:

• Planning Policy Wales (Fourth edition, February 2011)

Part 4.10 – Promote sustainability through good design Part 4.11 – Planning for Sustainable Buildings Para. 8.7.1 – Development Control and Transport Para. 9.2.12 – Encourage higher building density on easily accessible sites Para. 9.2.14 – The community’s need for affordable housing Para. 9.3.4 – Ensure that the proposed development does not damage the area’s character and amenity

Technical Advice Note 2: Planning and Affordable Housing Technical Advice Note 10: Tree Preservation Orders Technical Advice Note 12: Design Technical Advice Note 18: Transport Technical Advice Note 22: Planning for Sustainable Buildings

Relevant Planning History:

Application 3/15/129D – Erection of six dwellings (with five separate vehicular accesses) – approved 01.08.91

Application 3/15/129D – Residential development to erect 12 dwellings – refused as the site was outside the village’s development boundaries – 07.09.89

Application 3/15/129A – Residential development to erect eight dwellings – approved 08.12.80.

Consultations:

Community/Town Council: Object on the grounds of an excessive number of housing, a difficult site to develop, detrimental effect on trees, concerns about flooding, additional traffic affecting the existing poor roads network, pedestrian safety, lack of parking spaces and loss of existing parking spaces, the effect of the development on nearby residents / dwellings, drainage / sewerage problems, lack of affordable housing provision.

Transportation Unit: Following amendments to the layout of the estate and a reduction in numbers after extensive discussions between the developer and the authority, standard conditions are suggested regarding the

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

development in relation to transport issues.

Environment Agency: After a Flood Consequence Assessment was submitted, it was accepted that it was possible to control the flow of water by imposing formal conditions.

Welsh Water: Formal observations in the form of standard conditions relating to drainage and sewerage.

Public Protection Unit: Not received.

Planning Policy Unit: Observations regarding the proposal and its compliance with relevant policies, specifically the lack of any element of affordable housing; however, it is noted that viability is an obvious consideration and there is a need for the development to be viable.

Affordable Housing Officer: A site usually needs an element of affordable housing; however, financial viability is a relevant consideration. In this case, it is asked whether or not the development of the site can be viable; unless this can be confirmed, the proposal would be contrary to national policies.

Archaeology Service: No observations as it is unlikely that there would be any archaeological remains here.

Countryside Council for Wales: Accept the results of an ecological survey of the site, need to install bat boxes, need to protect the trees on the site, need to protect the ecological zone and protect the habitats of the slow worm by introducing additional habitats for them.

Biodiversity Unit: Object on the grounds of losing sites of biodiversity value and the habitats of protected species.

Tree Officer: Discussions were held between the developer and the Trees Officer (who has since retired), following concern regarding the location of some houses and the obvious impact they would have on the trees on the site, an amended plan was submitted with the location of some of the houses on the site having been moved in order to protect the trees in question. Concerns continue in terms of the development’s impact on the trees on the site, as highlighted by the biodiversity unit which has since taken over the duties of the trees officer following his retirement.

Access Officer: Acknowledges the content of the access statement which refers to the current building standards.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Public Consultation: A notice was placed in the local press and on the site and nearby residents were informed. Approximately 15 objections were received from local residents. Some of the main relevant objections are noted as follows: • drainage, sewerage and flooding problems • detrimental effect on trees, biodiversity, the habitats of protected species and wildlife in general • overlooking and the impact on nearby houses, including structural damage to buildings during the development work • concerns about increasing traffic on current defective roads, loss of current parking spaces, lack of sufficient parking spaces within the site and unsuitable access • backland development • unsustainable development within the local infrastructure • lack of community discussions and local support • substantial growth of Japanese Knotweed within the site • Frongoch Road is recognised as a safe route to school, concern regarding the impact on users and on any emergency vehicle that would need to visit the nearby home for the elderly should there be a delay on the road

The original consultation period on the application ended on 3 April 2011. The application was amended by removing two dwellings from the original proposal, moving dwellings number 14 further away from nearby trees, creating a footpath from Frongoch to the site, creating a turning space, relocating parking spaces and modifying the vehicular access. This consultation period ended on 6 July 2011. Objections were received raising the points as listed above.

Additional Information:

This application is supported by the following documents and reports, as submitted:

2. Flood Consequence Assessment (FCA) – this report was submitted following an objection from the Environment Agency to the original proposal and the impact on issues relating to onsite and offsite flooding. It was found that the site is within flood zone A, which is described in paragraph 4.2 of TAN 15: Development and Flood Risk as follows: “Considered to be at little or no risk of fluvial or tidal / coastal flooding.” The Agency considered the content of the report and made suggestions in the form of standard conditions.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

3. Report on Open Spaces of Recreational Value – it is explained in this report how consideration was given to the provision of play areas within the site in order to conform to the requirements of policies and guidance in the form of the authority’s adopted SPG. The report refers to the location of a current open space of recreational value within 60m to the site and a provision of amenity open spaces within the site itself – this is consistent with the authority’s SPG guidance.

4. Transportation Assessment and Parking Ratio Report – these reports has been provided to explain the impact of the proposed development on the local roads network, the pattern of vehicular movements, the accessibility of the site, parking spaces within the site and other relevant matters in the context of transportation. The Transportation Unit considered the content of the report and subsequent ideas were received (which are discussed in further detail in this report).

5. Community and Language Statement – this report was submitted to explain the relationship between the proposed development and the local community and the Welsh language. Observations were received from the policy unit which considered the content of the report in its context. The main matters arising in the unit’s assessment were as follows: • the mix of houses in terms of their size and type is beneficial to meet various needs within the local housing market; this is advantageous considering that not many new houses have been erected in the village in recent years • as no affordable housing element is offered, there is some uncertainty regarding the impact on the Welsh language • the development is likely to give opportunities to local families to move to larger houses, thus releasing smaller houses to other groups, such as first time buyers • the village’s services and facilities are accessible from the site • it is believed that that the likelihood of the houses becoming second homes is low, based on information in the 2001 Census • construction work is likely to offer opportunities to local workers

6. Ecological Survey including a bat survey – a full assessment was undertaken on the site in terms of ecology and biodiversity, it was agreed that protected species live on the site and use it, and there is also a growth of established plants and trees. The growth is extensive because the site has been abandoned for many years. It is suggested that appropriate mitigation steps be taken to avoid and compensate any significant impact in terms of the site’s biodiversity and ecological issues and these issues were expanded upon further. It was found that this report included all relevant issues in relation to this specific field.

7. Level 3 Sustainability Code Initial Assessment – this initial assessment was submitted and it suggests how the sustainable housing requirements can be met for the site. It can be ensured that the acceptable level is achieved by imposing a relevant condition.

8. Trees Assessment – the site was assessed in terms of the value of trees growing on the land; it was found that a number of trees were of a high value, but others, because of the long period of site abandonment, had a lower value in terms of retaining them on the site as they had grown uncontrollably. A suggestion has been made as to which exact trees can be felled and cleared from the site; this work would be the subject of a separate formal application because of the existence of the tree preservation order.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Material Planning Considerations:

Policy Context

1. The site is located within the development boundaries of the village of Llanberis that is defined as a ‘local centre’ in the Gwynedd Unitary Development Plan (2009).

2. Policy C1 refers to locating new developments and as referred to previously, the site is located within the village’s development boundaries, thus it is considered that the proposal is in accordance with policy C1.

Residential development / Affordable housing

3. Suitable sites for significant residential developments in the village of Llanberis are scarce. A number of factors are responsible for this, but mainly the topography of the area restricts the suitability of the lands to be developed because the mountains are on one side and Padarn Lake is on the other side. The boundary of the National Park abuts parts of the village, therefore, consideration cannot be given to parts within these areas either (no site has been designated for residential development within the adopted boundaries of the National Park as shown on the Snowdonia Local Development Plan designation maps, July 2011).

4. The authority’s Planning Policy Unit states that few new houses have been erected in the village in recent years; however, research shows that it should be aimed to designate 606 dwellings in the Caernarfon catchment area, which includes the village of Llanberis.

5. Although one site has been designated in the GUDP, it is located on the outskirts of the village and it has many restrictions because of its close proximity to a number of listed buildings and the boundaries of the national park; this site is shown as one that could cope with approximately 15 new dwellings.

6. Unallocated sites that become available unexpectedly or at random will assist to meet this acknowledged need for new housing in the area; therefore, a site such as this ensures that suitable new housing are erected for the local population.

7. Policy CH4 requires an affordable element within new residential developments on sites of this type. Discussions have been held between the developer and the policy unit and the affordable housing officer in relation to this specific issue. The total costs of developing this site were shown in the form of a financial report and detailed analysis. It can be seen from the figures that there are abnormal costs associated with developing this site because of a number of factors and that the plan to erect 16 units would likely be unviable should an element of affordable housing be provided.

8. Consideration must also be given to the built form of the village and the types of housing available in the village. There are a number of relatively small terraces in the village, and due to their size and location they are relatively cheap and are thus affordable to all intents and purposes. The policy unit confirms that the average house price in the Llanberis ward (since 2002) on the whole has been lower than the average house price in Gwynedd (in particular since October 2008).

9. Current guidelines state that more intense building should be encouraged on accessible sites, where appropriate. In this case, the surface area of the site is approximately 0.78 hectares, and by using the figure of 30 units per hectare, it is

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

shown that the site could cope with 24 houses. Nevertheless, it is considered that the nature of the site means that the site cannot be developed with these numbers because of the impact it would have on the local neighbourhood and the site itself.

10. A report has been submitted stating that the buildings will meet the requirements of level 3 for sustainable building and this, along with current building standards, means that the development would comply with the requirements of policies C7 and CH30.

11. Developments of 10 units or more must provide a recreational area within the site or contribute towards improving the local provision. The site lies within 60m of an existing playing field (which is in accordance with the authority’s adopted SPG guidance), therefore, there is no need for a formal play provision on the site. Nevertheless, an amenity area is included on the site that will provide an open space of recreational value, as well as create a buffer between the site and the nearby stream and the Bryn Du outdoor activity site. Therefore, it is considered that the requirements of policy CH43 are satisfied.

12. Having considered all the issues noted above, specifically the financial report submitted, it is not considered that a request can be made for an affordable element within this development as it would make the development unviable.

Highway Matters

13. The transportation unit has discussed the principle of a residential development on this site with the developer before the application was submitted formally. It is accepted that there are difficulties to develop this site in terms of highway issues because of the nature of the area’s roads, obstructions in the form of existing buildings and structures and the topography of the area in general. It was decided not to create a vehicular access off Frongoch Road because of concerns about the impact on this road; however, an acceptable access could be created on Tŷ Du Road provided that it is created and laid out so that it is not directly adjacent to the access down to Snowdon Street.

14. The application was amended following its original submission because of the need to provide a turning space within the site, reduce the width of the pavement, create a footpath from the site to Frongoch Road and alter the location of the parking spaces. These amendments are accepted and specific conditions are suggested to ensure a satisfactory development in relation to highway issues. It is considered that the requirements of policy CH33 are satisfied.

15. A number of observations were received referring to concerns regarding an increase in traffic along existing narrow roads. In addition, reference is made to the designation of Frongoch Road as a safe route to school, and the impact that the development would have on the users of the road. These issues were considered and it is accepted that the nature of the area’s roads network is substandard in places; nevertheless, because of evidence submitted it is not considered that the increase associated with this proposed development would be excessive and that the network would be able to cope with the additional numbers.

16. Reference was also made to the loss of existing parking spaces on Frongoch Road as a result of this development. There is an informal arrangement on parts of the site to keep vehicles; it does not appear that formal permission has been received to create these areas and that they have possibly been ‘claimed’ over the years. It appears that some of these areas will be lost as a result of the development; if the land is in the

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

applicant’s ownership, they have a legal right to this land and they could, should they wish, prevent vehicles from parking on their land. They have acknowledged that residents park their vehicles there and that they agree for part of their land to be retained as a parking area for the residents of Frongoch.

Biodiversity, trees and flooding issues

17. This site is cause for concern for many because of issues relating to biodiversity and distinctive trees on the site. The site has been inspected by a recognised ecologist and the results have been published in the form of a detailed report. The authority’s Biodiversity Unit and the Countryside Council for Wales (CCW) considered the content of the report. The report acknowledges that protected species exist on the site and use the site and suggests mitigation steps in order to protect them, including creating and protecting two specific ecological sites within the site (site 1 is a 10m wide strip adjacent to the small stream near the western boundary of the site, and site 2 includes a rocky knoll which includes mature oak trees in the centre of the site).

18. The biodiversity unit continues to object to the application because of the effects on the site’s biodiversity and the loss of natural habitat. A response was received from CCW stating that it did not object to the application in principle, provided that its observations relating to improving mitigation steps to create new habitats for the slow worm, introducing bird and bat boxes on the site, steps to protect trees and protect ecological sites 1 and 2, are implemented.

19. It is felt that this can be done by means of relevant conditions that the concerns, as noted, would be satisfied. In doing so, it is considered that the requirements of policies B16 and B19 would be satisfied.

Design and amenities

20. Concerns have been raised by local residents regarding the impact of the proposed development on their residential amenities. Consideration must be given to the relevant planning history, in this case, planning permission has been granted to erect six houses on the eastern part of the site. Only three houses were erected in relation to this permission; however, because they have been erected, this means that there is legal extant permission for another three houses and they could be erected in accordance with the permission granted. The houses that have not been erected within the site and which back onto the houses erected on Frongoch, would be relatively close to the rear of the houses erected already, should they be built. This proposal includes erecting one house at the rear of the Frongoch houses and creating parking spaces, whilst the majority of the housing are located further into the site; therefore, it can be alleged that approving this development would cause less disruption to the amenities of these residents, in comparison to what could be built legally on this site.

21. Issues relating to design, finishes and elevations are issues that are considered when dealing with a detailed application or a reserved matters application. The levels and height of the houses, as well as their orientation 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, and the requirements of Policy B23 will be satisfied.

22. Because of the location of the site and although the type, size, design and finish of nearby houses vary, it must be ensured that it will be a development that is of a high

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

design standard, and in doing so, it can be ensured that the requirements of policies B22 and B25 are satisfied.

Conclusions:

The site is located within the development boundaries of the village of Llanberis. The site has not been designated within the plan as a residential development site; nevertheless, the development boundaries have been extended to include the site within them.

In light of the above and having given full consideration to all relevant planning matters including letters of objection, it is considered that this application is acceptable and that it complies with the requirements of relevant local and national policies.

Recommendation:

To delegate powers to the Planning Manager to approve the application subject to discussing and receiving confirmation that the proposed development is viable – conditions – time, submission of reserved matters, materials, removal of permitted development rights, drainage and sewerage, highways issues, protection of trees, development in accordance with the ecological report and protect the recognised ecological areas, removal of poisonous plants, development to meet level 3 for sustainable development and submit details of the drainage system in order to avoid flooding.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Number : 6

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Application Number: C11/0089/39/LL Date Registered: 24/02/2011 Application Type: Full Planning Community: Llanengan Ward: Abersoch

Proposal: RETAIN TWO STATIC CARAVANS FOR HOLIDAY LETTING AND SITE THREE ADDITIONAL STATIC CARAVANS FOR THE SAME PURPOSE Location: LLWYN DU, LÔN SARN BACH , ABERSOCH , PWLLHELI , GWYNEDD , LL537EL

Summary of the TO REFUSE Recommendation:

Description: Determination of the application was postponed at the Committee on 5 September 2011 at the applicant’s request. The proposal involves retaining two existing static caravans for holiday letting, and locating three additional caravans for the same purpose. Four of the caravans will measure 12.2 metres by 6.7 metres, and the fifth caravan, an existing caravan, would measure approximately 10 metres by 6 metres. It is proposed to have two parking spaces by each caravan. Some landscaping is also proposed by means of planting combinations of hawthorn, beechwood, mountain ash and rowantree. It is also proposed to widen part of the access road to the site to be five metres wide.

The site is situated in the countryside and lies within an Area of Outstanding Natural Beauty (AONB). To the west of the site is the Cors Llyferin Site of Special Scientific Interest (SSSI). The golf club is to the south. Access to the site is from a third class road, situated to the north of the site.

Gwynedd Unitary Development Plan 2009: B8 THE LLŶN AND ANGLESEY AREAS OF OUTSTANDING NATURAL BEAUTY (AONB) Safeguard, maintain and enhance the character of the Areas of Outstanding Natural Beauty by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features of the site.

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

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.

C3 – REUSING PREVIOUSLY DEVELOPED SITES Proposals which give priority to reusing previously developed land or buildings that are located within or near development boundaries will be approved provided that the site or building and the use are appropriate.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

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

CH36 – PRIVATE CAR PARKING FACILITIES Proposals for new development, extensions to existing development or change of use will be refused unless offstreet 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 offstreet parking and when the developer does not offer parking facilities on the site, or where it is not possible to take advantage of the existing parking provisions, proposals will be approved provided the developer contributes to the cost of improving the accessibility of the site or providing the number of necessary parking spaces on another site nearby.

D16 – PROVISION OF NEW STATIC HOLIDAY CARAVAN AND HOLIDAY CHALET SITES Proposals for the development of new sites for static holiday caravan (single or twin caravan) units or holiday chalets will be refused.

National Policies: Planning Policy Wales (Edition 4, February 2011) Technical Advice Note 12: Design Technical Advice Note 13: Tourism

Relevant Planning History: C03D/0499/39/TC – Lawful Use Certificate for vehicle repair, storing vehicles and for general storage on the site – Refused 24 January 2006.

C06D/0592/39/TC – Lawful Use Certificate for vehicle repair (site 1), storing vehicles (site 2) and vehicle/general storage (site 3) – Approved 4 August 2008.

C09D/0016/39/TC – Lawful Use Certificate for the repair and sale of vehicles and caravans (site 1), storing and selling vehicles and caravans (site 2) and vehicle/general storage and sale of vehicles, equipment and machinery (site 3) – Approved 11 May 2010.

C10D/0319/39/TC – Lawful Use Certificate to use a chalet as a permanent residential dwelling Refused 9 November 2010.

Consultations:

Community/Town Council: No quorum to discuss the application.

Transportation Unit: The existing access is of an adequate size, and its location is directly off the third class road on the outskirts of Abersoch. Satisfactory visibility in both directions. Sufficient parking space and suitable turning space must be ensured as shown in the plan. Conditions must be included on the planning permission in respect of the parking spaces and turning space.

Public Protection Unit: No observations but asked to be notified of the decision.

Countryside Council for Wales: No objection in principle to the application. The site is near Cors Llyferin SSSI, which is sensitive to eutrophication, which would be a risk due to the increase in sewage discharges. The applicant refers to

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

using a sewage treatment package but no details have been submitted with the application, therefore in order to assess whether there would be any adverse impact on the SSSI, the details of this package would be required, including its location and its capacity. As this information has not been submitted, the release of planning permission is objected.

Biodiversity Unit: No biodiversity concerns in relation to the application.

AONB Officer: The site is visible from the road and at present there is a chalet, greenhouse and many other things there. It seems that the application is contrary to the fundamental policy of D16, which notes that new sites for static holiday caravans or holiday chalets will be refused. If there are planning factors that outweigh policy D16 and there is adequate justification for approving the application, a condition should be included to secure an appropriate green colour to the units.

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The advertising period ended on 4 April 2011 and one letter was received objecting to the application on the following grounds: • The proposal is tantamount to establishing a new static caravan site and is therefore contrary to policy D16 of the GUDP. The site is situated within an AONB and close to the main road between Abersoch and Sarn Bach, which is an area already overcrowded with caravans. It would cause further visual damage to the local landscape.

Additional Information: An acceptable Design and Access Statement was received as part of the application.

Material Planning Considerations:

Establishing a new static holiday caravan and holiday chalet site 1. The proposal is for establishing a new static caravan site. The relevant policy with respect to this type of development is policy D16, and this policy clearly states that proposals to develop new sites for static holiday caravan (single or twin caravan) units or holiday chalets will be refused. This is one of the fundamental policies of the GUDP and is a policy that explicitly refuses this type of development, and does not include any criteria to consider the application against. The policy explanation states that a multitude of static caravan and chalet parks along the coast in particular has damaged the face of the landscape, and the high number of existing sites means that there are plenty of such sites in the Plan area, with the static caravans and holiday chalets providing the largest portion of holiday accommodation beds in the County, therefore there is no justification for providing more of these types of sites. The proposal is therefore contrary to policy D16 of the GUDP.

2. In the information submitted with the application, the applicant tries to use the fact that he has a lawful use certificate for using parts of the site for repairing and selling vehicles and caravans, storing and selling vehicles and caravans, and for general / vehicle storage and selling vehicles, equipment and machinery, along with the fact that two caravans are already located on the site, as a case for justifying the

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

establishment of a static caravan site on the site. There is also reference to using previously developed land. In respect of previously developed land, policy C3 states that proposals that give priority, wherever possible, to reusing previously developed land or buildings that are located within or near development boundaries, rather than using greenfield sites, will be permitted, provided that the site or building and the proposed use are suitable and conform to the Plan’s objectives and development strategy. It is considered that the proposed use does not correspond to the Plan’s objectives and development strategy, since the establishment of a static caravan site is entirely contradictory to policy D16 of the GUDP, therefore it is also considered that the proposal would not conform to the objectives of policy C3.

3. In the Design and Access Statement submitted with the application, it is noted that the applicant is willing to surrender the rights he has under the lawful use certificate through cancellation, and it is considered that should the members wish to approve the application, then it should be ensured that any previous planning permissions for the site are abolished by signing a section 106 agreement to that effect.

Impact on the landscape 4. The site is located within an AONB and is therefore protected by national and local policies. The observations of the AONB Officer on the proposal were received, which noted that the site currently included a chalet, greenhouse and many other things. In his observations in line with the above assessment, he also stated that the proposal is contrary to the fundamental policy of D16 and goes on to state that should there be material planning factors that outweigh policy D16 and that approving the application is justified, a condition should be included to secure an appropriate green colour to the units. The observations of the AONB Officer do not state an objection to the proposal in respect of its impact on the landscape. As seen from the site’s history, there is an extant lawful use certificate for using parts of the site for different purposes, namely repairing and selling vehicles and caravans, storing and selling vehicles and caravans, general / vehicle storage and selling vehicles, equipment and machinery. It is likely that should the lawful use certificate be executed to its full potential, it would have a greater impact on the landscape than locating five static caravans on the site. Therefore, in terms of what could be located on the site, it is not considered that the proposal would have any greater impact on the landscape in the AONB nor therefore in terms of policy B8 of the GUDP. However, should members wish to approve the proposal, a condition in line with the observation of the AONB Officer should be imposed, namely that the caravans should be of a suitable green colour.

Environmental matters 5. The site is located near a SSSI. The observations of the Countryside Council for Wales state that it has no objection in principle to the proposal, but CCW also states that it objects to releasing planning permission without the full details of the sewage treatment package having been submitted, so that it can fully assess the implications of locating such a package and the impact it would have on the SSSI. The applicant was approached in relation to this and an email was received on behalf of the applicant confirming that it is intended to connect to the main sewerage system which runs near the site rather than having a private treatment package. Amended plans are expected confirming this. If this is the case and it is intended to connect to the public sewerage system it is not considered that the proposal would have a detrimental effect on the SSSI and that it is acceptable in terms of Policy B16 of the GUDP.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Transportation matters 6. It is intended to use the existing access to the site, but part of the access road would be widened to five metres. The observations of the Transportation Unit have been received regarding the proposal. They considered that the current access was of an adequate size, with its location directly off a third class road, and that there was sufficient visibility in both directions. The plans submitted show two parking spaces for each caravan, and this is considered sufficient to serve the proposal. Should members wish to approve the application, then in accordance with the observations of the Transportation Unit, conditions should be included with regard to ensuring that the parking and turning spaces have been provided before use begins. In this respect, it is considered that the proposal is acceptable in terms of policies CH33 and CH36.

Amenities 7. Some dwellings are located not too far from the site. However, it is not considered that the proposal would cause significant harm to the amenities of the local residents and therefore the proposal is considered acceptable in terms of policy B23 of the GUDP.

Conclusions: The proposal would involve establishing a new static caravan site which would be totally contrary to policy D16 of the GUDP and therefore the application cannot be supported. The proposal as part of the application was to use a sewage treatment package; however, in a more recent email it is stated that the intention is to connect to the public sewerage system and amended plans are expected confirming this. The Countryside Council for Wales was of the opinion that the details to hand were not adequate in order to assess the implications of the proposal on the SSSI; however, in view of the fact that the proposal now is to connect to the adjacent public sewerage system, it is not considered that the proposal would have a detrimental effect on the SSSI. In light of the use that could be made of the site under the lawful use certificate for the land, it is not considered that the proposal would have any greater impact on the area's visual amenities that are also within the AONB. it is not considered that the proposal would have a detrimental impact on road safety or on the amenities of neighbouring residents.

Recommendation: To refuse reasons the proposal would establish a new static caravan site and is therefore contrary to policy D16 of the GUDP.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Number : 7

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Application Number: C11/0281/20/LL Date Registered: 06/05/2011 Application Type: Full Planning Community: Y Felinheli Ward: Y Felinheli

Proposal: EXTENSION TO CREATE 10 ADDITIONAL GUEST ROOMS INCLUDING EXTERNAL ALTERATIONS (AMENDED SCHEME TO THAT APPROVED UNDER APPLICATION REF NO C04A/0001/20/LL) Location: PLAS DINORWIC HOTEL , FFORDD SIABOD , Y FELINHELI , LL564XA

Summary of the Recommendation: TO APPROVE SUBJECT TO CONDITIONS

Description: This is an application to extend the existing hotel (10 additional units to the 25 units which are on the hotel site itself) partly as a facility for people with special needs (including paraplegics and tertraplegics – six units) and as an extension to the hotel’s existing units (four units). It will involve erecting a threestorey extension to the western elevation of the existing building as well as creating a unit within the roof of the main buildings. The side extension will measure 22m long, 712m long with a height of 912m. Externally the roof of the side extension will be made of natural slate as well as a flat roof in order to install solar panels and white UPVc windows and doors (to match the existing ones) with painted walls and smooth render. Its design reflects the design of the current building by creating a glass balcony on the front, two bays which extend up three floors (one each end of the extension) along with hiproofs. The parking requirements will be as present with a total of 50 parking spaces within the site including nine disables spaced (in accordance with the requirements of the Highways Department). The property is located in a prominent area to the north of the village which is accessed via crossing the bascule bridge in the marina and then to the junction to Bangor Road. This is a latest application to the application that was approved in January, 2006 to create 21 holiday units and associated facilities. This latest extension is located on the footprint of the extension that was approved in 2006, although the scale and density is smaller than the previous application.

Gwynedd Unitary Development Plan 2009:

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

POLICY B24 – ALTERATIONS AND BUILDING EXTENSIONS WITHIN DEVELOPMENT BOUNDARIES, RURAL VILLAGES AND THE COUNTRYSIDE

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Ensure that proposals for alterations or extensions to buildings conform to a series of criteria aimed at protecting the character and amenity value of the local area.

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

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

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

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

POLICY D8 – EXPANSION OF EXISTING ENTERPRISES Proposals to extend/expand/intensify industrial enterprises and existing businesses or other enterprises will be approved if they conform with specific criteria regarding the appropriateness of the existing use in relation to the surrounding area and adjacent uses and how relevant it is to the existing work.

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

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

National Policies:

TAN 12 on “Design” (June 2009).

Planning Policy Wales, Chapter 7 “Supporting the Economy” (February 2011) and Chapter 11 on “Tourism, Sport and Recreation”.

Relevant Planning History:

Application number C10A/0244/20/LL – changes to create a new roof and an additional room associated with the hotel was refused in February, 2011.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Application number CO7A/0242/20 LL – extension to create an office, new access and expand the lounge was approved in May, 2007.

Application number C06A/0351/20/LL – for an extension was approved in June, 2006.

Application number C04A/0001/20/LL – to create an extension to the hotel including 21 accommodation units, a twostorey extension over the swimming pool, a glass extension, conference room along with an activities hall and bar, lift and ramp for disabled people (revised application to the applications already approved) was approved in January, 2006.

Consultations:

Community/Town Council: Object – overdevelopment of the area

Transportation Unit: No objection – no detrimental effect on the local roads network but nine disabled parking spaces required.

Environment Agency: Not received.

Welsh Water: Standard observations regarding the public sewerage system.

Public Protection Unit: Not received. Access Officer: Support the provision for the disabled with rooms that are accessible. Important to have parking spaces for disabled people.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The advertising period ended on 16/06/11 and a letter of objection was received on the following grounds: • The current private sewerage system is not sufficient to take more pressure (which includes this proposal and the previous proposals for houses below the hotel) • The hotel does not contribute towards its maintenance – environmental, maritime and health and safety implications. A new system is needed as approved in the previous applications. • The nature and scale of the proposal does not allow more parking spaces only to reduce them. • The site has restricted space with an unsuitable access for pedestrians and vehicles and unsuitable roads serving the site. • The listed bascule bridge has not been designed for additional transport. • If the proposal is approved conditions are required regarding completion of the work, building period, working hours and parking. • The proposal would create more disturbance as it would mean expanding the hotel further, and, therefore, a general assessment would be required of the recent proposal’s impact on its environment in terms of noise, nuisance etc. • The proposal is not in keeping with the local area on the grounds of general amenities and transport.

Additional Information:

In accordance with the requirements of TAN 12 on “Design”, an access and design statement was submitted with the application, referring to the five statutory headings. The statement justifies the proposal based on its character (the appearance will reflect the architectural elements of the existing building), movement (the hotel is accessible to public transport and local amenities such as the shop), sustainability (there are elements of sustainability in the proposal such as installing solar panels on the roof along with internal services such as electric, light and water), community safety (as present and there is no intention to create an open public space as part of the proposal) and access (appropriate access to the site is as existing and the proposal will not mean a substantial increase in transportation to the hotel itself). Therefore, it is thought that the details included in the statement are adequate in relation to the proposal itself.

Material Planning Considerations:

1. Residential amenities the site is located in an established residential area (which includes around 220 houses) and the houses are located to the north, west and partly to the southwest of the site. The nearest houses (along Glyder Road) to the side extension are located around 18m away to the west and around 27m away to the south of the extension itself. The design and location of the side extension have been chosen as there will be no significant direct overlooking to nearby properties. As referred to above the principle of extending the hotel has already been agreed by previous planning consents, and it is believed, taking into account the current

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

proposal, based on its size, setting, material (specifically for disabled people), density and the transportation that is expected to be created should the proposal be approved, its impact on the residential amenities of the neighbouring residents is less than that of the application approved in 2006. The main elevation will face the Menai Straits and this is where the main windows and balconies will be located. The effect on the residential amenities of the dwellings that are located to the southwest of the site is an important consideration when dealing with such applications. In this case given the difference in height, physical distance and the trees/groves in the middle area (that are often used in developments to reduce concerns of overlooking) it is considered that this recent proposal is acceptable in terms of its impact on the residential amenities of the properties below the hotel and the proposed extension. However, it is acknowledged that some overlooking is inevitable with plans of this type, although, in this case, it is considered that the loss of privacy and direct overlooking has been mitigated (compared to the design that was previously submitted by the applicant) therefore it is acceptable to the Local Planning Authority. Consideration should also be given to the fact that, by today, the residential property which is closest to the proposal (7 Glyder Road) is owned by the applicant. In this context it is believed that the proposal is acceptable based on the requirements of Policy B23 of the Unitary Development Plan regarding safeguarding the amenities of the local neighbourhood.

2. The design of the proposal and the impact on the visual amenities of the area– the extension (along with the existing structure) is located in a visible area where it can be seen from the east, south and the west. Although the extension is visible from the north this view is from the nearby road which serves the houses around the hotel and it is a close view rather than a view from a distance. The proposal includes extending out to the west, creating a three storey building with windows and balconies (which serve the holiday units) along with two towers each side of the extension which reflect the existing tower at the front of the hotel. The height of the extension will not be higher than the hotel’s main roof with a flat roof in the central area between the two towers (where the solar panels will be located) covered with a slanting slate roof. The proposal also involves creating an additional unit within the roof of the mail building with visibility towards the south and the Menai Strait. The design of the roof will remain the same (hiproof) but will have two windows/patio doors and a balcony placed on the external elevations of the roof itself. These openings will have slate roofs in line with the existing roof. Externally, the materials for the extension will include natural slates, painted smooth render and white UPVc windows/doors in accordance with the existing openings. As referred to above, the application site is in a prominent location in the village and any development here should respect the location and the surrounding area. In an attempt to safeguard the area's visual amenities the design and size of the extensions creates a construction which reflects the scale, materials and appearance (architectural features) of the existing hotel. When looking at the effect of the proposal on the setting of the nearby dock centre (which is a Grade IA listed building) the effect is considered to be minimal when considering the location of the development in relation to the location of the doc itself. Having considered these observations this latest proposal is believed to be in accordance with Policy B22 (building design), B23, B24 (adapting and extending buildings within development boundaries) a B25 (building materials) of the Unitary Plan together with the principles included in the TAN 12 document on “Design”.

3. Road safety – the hotel is served by a network of private roads with access to the site from the road which serves a large established residential area. Taking into account the numerous dwellings that are served by the existing network together with a relatively small increase in the hotel’s density (nine additional units), it is believed that there will not be a detrimental effect on highway safety either for pedestrians or vehicles. There are currently 50 parking spaces on the site and there is an intention to

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

create nine parking spaces for disabled people from this total. Therefore, it is believed that the proposal complies with Policies CH33 (safety on roads and streets) and CH36 (private car parking facilities) of the Unitary Plan.

4. Expansion of existing enterprises – Policy D8 of the Unitary Plan approves proposals relating to expanding personal businesses or enterprises provided that such intention does not involve personal use which harms the environment, that the proposal is within the development boundary, that its scale respects the area’s visual amenities and that it will not have an impact on the local road network. It is believed that the proposal in question does comply with these criteria.

5. Facility /accommodation Policy D13 of the Unitary Plan states that proposals for facilities or attractions for visitors will be approved if they are within the development boundaries, and are enterprises which are supplementary to existing tourist initiatives and are consistent with developing ‘niche’ markets, as in this case where the proposal has mainly been aimed at meeting people’s holiday needs and special physical needs. Following on from this the proposal will also create a facility for serviced holiday accommodation needs which means expanding and developing an existing holiday accommodation. Therefore, it is believed that this complies with Policy D14 of the Unitary Plan with regard to approving serviced holiday accommodation along with the advice that is included in the Planning Policy Wales document, Chapter 7 on “Supporting the Economy” and Chapter 11 on “Tourism, Sport and Recreation” which encourage the economic success of both urban areas and the countryside along with promoting and improving tourism and leisure facilities.

6. Objections of nearby residents – the nature of the objections (although the majority are based on relevant planning issues) have been expressed on applications in the past to develop the hotel e.g. drainage, parking and overdevelopment. Although these objections are relevant to the proposals and are considerations of importance, after weighing up the options and taking into account the above assessment it is considered that this latest proposal is acceptable.

7. The site’s planning history – there is a long history relating to this site which goes back to the 60s/70s, and the principle of extending the hotel to provide additional accommodation has been accepted many times in the past. This latest plan is fairly small in terms of its size and effect compared to the plans that have been approved in the past. As a result, it is believed that a precedent has already been set to develop this part of the site to extend the hotel’s facilities.

8. Renewable and sustainable energy – Policy C27 states that proposals for renewable and sustainable energy plans will be approved if such proposals are acceptable based on location, design, scale and their effect on the landscape. In this context, it is considered that this proposal will install solar panels in a concealed place and will not disturb the landscape.

Conclusions:

From the information submitted in the above assessment it is considered that the proposal is acceptable based on its size, setting, design, materials, density and road safety along with its impact on visual amenities and the amenities of nearby residents and therefore complies with relevant policies of the Unitary Plan and the Assembly's advice regarding such developments.

Recommendation:

To approve with conditions involving the commencement of the work in accordance with the plans, external materials, slate roof, parking and the conditions of Welsh Water.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Number : 8

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Application Number: C11/0304/18/LL Date Registered: 28/03/2011 Application Type: Full Planning Community: Llanddeiniolen Ward: Penisarwaun

Proposal: ERECTION OF TWO DWELLINGS (AMENDED SCHEME TO THAT APPROVED UNDER REF. NO. C06A/0595/18/LL) Location: 6381, CAEAU GLEISION , RHIWLAS , BANGOR , LL574UA

Summary of the TO APPROVE WITH CONDITIONS . Recommendation:

Description: This is an application to erect two dwellings on an established housing estate within the Rhiwlas village development boundaries. The plan is amended to that approved back in 2006 for two dwellings. The latest plan includes erecting two threestorey dwellings on the site's northern edge which include a kitchen/dining room and living room on the ground floor, two bedrooms on the second floor and one bedroom on the third floor, which is located within the roof space.

Externally, parking spaces will be located in front of both dwellings with room for two cars and will be linked to the dwellings themselves with a footpath. There will no longer be access from Cae Glas as the parking spaces are now located off the Caeau Gleision estate. The only access from Cae Glas will be the proposed footpath. The plot of land to the south of both dwellings and which forms part of the application site will be a residential curtilage, although building is not permitted on this part of the site as a public sewer crosses it. Both dwellings were relocated due to Welsh Water’s observations in relation to the need to safeguard the integrity of the sewer itself.

It is also intended to create a footpath along the site’s southern periphery in order to formalise the informal link which currently exists between both housing estates.

The site is managed between two established housing estates, namely Caeau Gleision and Cae Glas and the site's topography means that the higher part of the site is much higher than the lower part and this is characteristic of the landscape which surrounds the site.

The external appearance of both dwellings includes natural slate for the roofs, smooth render for the walls, timber doors and white UPVC windows. A design and access statement was submitted with the application in accordance with the requirements of TAN 12 on ‘Design’ which reflects the scale and nature of the proposal along with an assessment involving carbon free sustainable building in Wales meaning that both dwellings must meet level 3 of the Code for Sustainable Homes and gain at least six credits under Ene 1 Dwellings Emissions Rate.

Gwynedd Unitary Development Plan 2009:

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

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

POLICY CH4 – NEW DWELLINGS ON UNALLOCATED SITES WITHIN THE DEVELOPMENT BOUNDARIES OF LOCAL CENTRES AND VILLAGES Approve proposals to build 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.

National Policies:

Technical Advice Note 12 Design (June 2009). TAN 22 ‘Planning for Sustainable Buildings’ (June, 2010).

Relevant Planning History:

Application number C05A/0622/18/LL to erect two dwellings (an amended plan to that which had been approved under application number C97A/0027/18/LL) was refused by the Committee, contrary to the officers’ recommendation. The decision was appealed and the proposal was refused on appeal on the grounds that it would pose an unacceptable risk to road safety and traffic flow. It was confirmed, however, that the proposal was acceptable in principle and also that the development would not have an intrusive impact on the occupiers of nearby properties.

Application number C06A/0595/18/LL to erect two dwellings (an amended plan to that which had been approved under application number C05A/0622/18/LL) was approved in November 2006. The planning history of the site dates back to 1997 when the first application to erect two dwellings on the site itself was approved.

Consultations:

Community/Town Council: Concerned regarding the height of the dwellings and the winding footpath that has been designed specifically on purpose so that the public will not use it. These observations are also relevant to the amended plans.

Transportation Unit: Standard conditions.

Environment Agency: Not received.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Welsh Water: Originally objected to the application as the dwellings were located above the public sewer, but having submitted amended plans showing that both dwellings have been located away from the sewer itself, the objection was withdrawn standard conditions relating to surface water/foul water.

Public Protection Unit: Not received.

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The advertising period ended on 09/05/11 and letters of objection were received (including the objection of the local councillor) on the following grounds: • object having an access to both dwellings from Cae Glas because of noise and increase in traffic flow to the detriment of road safety and the safety of those occupying nearby houses (including children). • The work of erecting both dwellings will have a detrimental impact on the amenities of local residents. • Uncertain whether or not the plans are accurate, especially in relation to the site boundary. • Street lighting is needed to illuminate the path that is proposed to link both estates. • Uncertain whether or not the sewerage/drains of the area can cope with additional pressure. • The design of the dwellings is not in keeping with the surrounding buildings.

In light of the original objection by Welsh Water to the location of both dwellings, amended plans were received in June and the local residents were notified again and letters of objection were received based on the original objections (see above) but with some additional observations relating to: • The applicant has not considered the fact that part of the site has been used by local residents as a footpath for many years. • The flow of the proposed path is not suitable. • There is a need to erect a security fence along the footpath. • It is unclear whether or not access to the site is gained through Cae Glas and Caeau Gleision. An increase in traffic along Cae Glas could affect the residents living opposite this road. It came to the attention of the Planning Authority in May that work had already commenced on this site. After enquiring with the applicant and his agent, it was confirmed that engineering work was being carried out in order to confirm the exact location and flow of the public sewer which runs through the site. The engineering work has now ended. The agent submitted further amended plans in July following the officers’ observations meaning that the setting of both dwellings was more acceptable and reflected the setting of those houses surrounding the site. Following the residents’ previous concerns, they were contacted once again; however,

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

no further observations were received.

Additional Information:

No additional information was received with this application apart from the information referred to in the above assessment which includes a design and access statement along with an assessment stating that both dwellings will satisfy Level 3 of the Code for Sustainable Homes.

Material Planning Considerations:

1. Residential amenities – these latest plans show that the location of both dwellings has changed somewhat and they are now located along the site’s northern boundary between the properties named 80 Caeau Gleision and 82 Cae Glas. They are located below each other to follow the setting of the two dwellings located above the site, namely 80 and 79 Caeau Gleision. There are windows on the gable end of both dwellings (for the stairs/landing and the bathroom), however, it is believed that these will not lead to the loss of privacy or unacceptable overlooking on the grounds of the design and setting of the dwellings in relation to the existing houses and the fact that the windows will not be windows that are used for ‘living’ rooms i.e. it is believed that they will not pose significant harm to the amenities of the nearby residents. The design and nature of the nearby dwellings means that there is already some social overlooking. As referred to above, the Planning Inspectorate has already discussed this element of residential amenities and has reached the decision that there was no intrusive impact on the living conditions of nearby residents (the layout of the dwellings is different this time, however the principles of safeguarding residential amenities are just as relevant to this application as they were to the previous one). It is therefore believed that the proposal complies with the guidelines of Policy B23 of the Unitary Development Plan (safeguarding the amenities of the local neighbourhood).

2. Visual amenities – both dwellings have been changed slightly, however the design, external materials and the scale of both reflects, more or less, what has been previously approved and the height of both dwellings is equivalent to what has already been approved (9m height). In light of the site’s topography, it is believed that both dwellings would stand between and in front of other houses on higher ground which reduces their impact on the visual amenities of this part of the estate. The dwellings will be set in a row and below each other to follow the setting of nearby houses and reduce their affect and impact on the character of the existing housing estates. It is therefore believed that this latest proposal complies with the requirements of Policy B22 (building design), B23 and B25 (building materials) of the UDP.

3. Policy for Locating New Housing – Policy CH4 of the UDP permits new housing within village development boundaries and local centres provided that a proportion of the units are affordable to meet the general local need. In this case however, taking the site’s planning history into account and the small number of units in question, this case can be dealt with as an exception to the policy without the need for them to be affordable to meet local general need.

4. Road safety – as opposed to the plan originally submitted with the application (where there was one access from Cae Glas and another from Caeau Gleision) access to both dwellings will be gained from the Caeau Gleision estate and the

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

parking spaces will be located in front of both dwellings. This arrangement is a reflection of accesses and parking spaces in the rest of the estate. Therefore, the proposal complies with Policies CH33 (safety on roads and streets) and CH36 (private car parking facilities).

5. The objectors’ concerns the concerns and observations of third parties as objectors of planning applications is a material planning matter which must be duly considered. In this case, it is believed that the proposal (which has been amended a number of times) is acceptable despite the concerns of the objectors. The principle of erecting dwellings on this site has already been accepted by the Planning Inspectorate and by Gwynedd Council despite the objections from local residents. It is possible to respond to many of these concerns (and the concerns of the statutory consultees) by including suitable planning conditions e.g. involving the footpath and the public sewer which runs through the site.

6. Design – The design of both dwellings (as referred to above) is a reflection of the design that was approved under the previous application and includes materials that reflect the materials of nearby houses i.e. slate roofs and coloured render for the walls. The size, mass, scale, presence and form (i.e. the appearance) of both dwellings also reflect that of the nearby houses with the intention to integrate the new dwellings in their environment so as not to stand out too much. These features are issued in the Council’s “Design Guidance” (2003) document. The setting of the dwellings (one house below the other in a row) follows the setting of other houses surrounding the site. It is therefore believed that the proposal complies with Policies B22, B23 and B25 of the UDP.

Conclusions:

Taking the above assessment into account, it is believed that the proposal is acceptable in terms of its location, design, setting within an established housing estate, density, visual amenities and the residential amenities of the nearby residents.

Recommendation:

To approve with conditions involving commencement of works, in accordance with the amended plans, natural slate, highway requirements, permitted rights under the planning regulations, footpath, Welsh Water requirements and conditions of the Code for Sustainable Homes, removal of permitted development rights.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Number :9

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Application Number: C11/0382/30/LL Date Registered: 25/05/2011 Application Type: Reserved Matters Community: Aberdaron Ward: Aberdaron

Proposal: REVISE AGRICULTURAL CONDITION TO RURAL ENTERPRISE CONDITION Location: MAES GWYN, BODFERIN, RHOSHIRWAEN, PWLLHELI, GWYNEDD, LL538LP

Summary of the TO APPROVE Recommendation:

Description:

The application was postponed at the committee on 5 September 2011 as the unit had received confirmation from the agent late in the day that the applicant was willing to amend the existing agricultural condition to a rural enterprise condition as suggested in TAN6.

Originally, this was a retrospective application to delete a condition that restricts the use of the property to an agricultural worker or an individual that was last employed in agriculture or forestry or is a widow or widower of such an individual. The singlestorey property that includes a three bedroom house and two acres of land is located in a prominent position in open countryside and on a road junction where a class 3 county highway abuts the front and gable end of the property that lies within a Landscape Conservation Area. The original house measured approximately 160m 2 with an attached garage measuring approximately 29m 2 and a conservatory has been added a few years ago.

Permission was granted for the house in the 1990s to the daughter of a nearby farm, namely Tŷ Hen, and she and her husband farmed 100 acres, part of which was a tenancy and part of which they owned. Later, the land was separated from the main farm and the couple ran an agricultural contractors business and sheds were constructed for this purpose on a plot of land to the north of the house. Now, the sheds have been demolished and removed from the site after the business failed.

An application by the former owners in 2008 to exchange the agricultural condition for an affordable local need house was refused on the grounds that justification had not been shown of an effort made to market the house with the agricultural condition in order to comply with the relevant policies. Later, the bank repossessed the property and it was put on the market.

The house was sold to the applicants of this current application who moved into the property in March 2010. Complaints were received that the new owners did not satisfy the requirements of the agricultural condition and after investigating and discussing with the owners, it was decided to implement an enforcement case. The agricultural condition was clearly shown on the details of sale and, therefore, the applicant should have been aware of the agricultural condition prior to purchasing the property.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Gwynedd Unitary Development Plan 2009: CH9 Refuse proposals for new dwellings in rural areas unless they conform with a series of criteria relevant to the person needing a house, the purpose, location and type of dwelling, and restrictions on ownership of the dwelling.

Gwynedd Council Supplementary Planning Guidance (November 2009) building new houses in the countryside.

National Policies: Planning Policy Wales, 4 th Edition - February 2011 9.3.9 – If it is accepted that the need to provide residency for workers of a rural enterprise to live in, or near, their workplace is a need which justifies an isolated residential development in open countryside, it will be necessary to ensure that the dwellings would continue to be available to satisfy this need. For this reason, planning permission should be granted subject to an occupancy condition. Also, rural enterprise dwellings should be categorised as affordable houses, as defined in TAN 2, “Planning and Affordable Housing”. This would ensure that the dwelling would continue to be available to meet the local need for affordable housing should the reason for the original justification come to an end.

Technical Advice Note 6: Planning for Sustainable Rural Communities (2010) 4.13.1 Where the need to provide accommodation to enable rural enterprise workers to live at or near their place of work has been accepted as justifying isolated residential development in open countryside, it will be necessary to ensure that the dwellings are kept available for meeting this need. For this purpose, planning permission should be made subject to an occupancy condition as set out below: “Occupancy of the dwelling will be restricted to: a. solely or mainly working or last working on a rural enterprise in the locality where there is / was a defined functional need; or if it can be demonstrated that there are no such eligible occupiers, to those: b. who would be eligible for consideration for affordable housing under the local authority’s housing policies; or if it can be demonstrated that there are no persons eligible for occupation under either (a) or (b); c. widows, widowers or civil partners of the above and any resident dependants. 4.13.2 It should not be necessary to tie the occupancy of the dwelling to workers engaged with one specific rural enterprise although the needs of that enterprise justified providing the dwelling. However, an occupancy condition will ensure that the dwelling is kept available for meeting the needs of other rural enterprises in the area, if it is no longer needed by the original business, therefore avoiding a proliferation of dwellings in open countryside.

4.13.4 The broadening of the traditional agricultural occupancy condition to embrace a wider range of rural enterprises significantly increases the number of eligible occupiers for rural enterprise dwellings. Where an appropriate rural enterprise worker cannot be found to occupy the rural enterprise dwelling, eligibility should be extended to persons who would be eligible for consideration for affordable housing under the local authority’s housing policies. 4.13.5 Where planning applications are received to lift existing agricultural occupancy conditions or where enforcement action is being taken for non compliance with the condition, the planning authority should consider replacing the existing agricultural occupancy condition with the rural enterprise dwelling condition set out in paragraph 4.13.1. This will often be justified to ensure that the dwelling is kept available to meet the housing needs of rural workers and local people in need of affordable housing.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Relevant Planning History: 2/10/257 – Singlestorey house for an agricultural worker (outline) (condition 8 – agricultural occupancy) – Approved 18 July 1990. 2/10/257A – Details Singlestorey house for an agricultural worker (condition 1) – Approved 26 November 1990 2/10/257B – Amended plan – Singlestorey house for an agricultural worker (condition 2) Approved 18 May 1992. 2/10/257C – Agricultural shed for storage of equipment – Approved 3 February 1994 C99D/0401/30/LL – Shed for storage of agricultural machinery – Approved 21 December 1999 C03D/0325/30/LL – Extension to an agricultural building – Approved 21 August 2003 C03D/0392/30/AM – Construction of a house – Refused 20 October 2003 C08D/0284/30/LL – Exchange agricultural condition on the house for a local need condition – Refused 3 August 2009

Consultations:

Community/Town The Council decided to object to the application on the grounds that the Council: original purpose of imposing the condition would be lost and there is a possibility that the condition would serve its purpose in future as there is an agricultural need within the locality and it was agreed that the condition benefited local people. It was noted that the owner was aware of the condition when purchasing the property.

Transportation Unit: They do not intend to make a recommendation as it is not believed that the proposed development would have a detrimental impact on any road or proposed road.

Affordable Housing I wish to offer the following observations, based on the information that I Officer: have received from the applicant, along with confirmation of the financial position etc of the applicant from his solicitor. Compliance with the Need for a Local Affordable Dwelling : It is noted that Rhoshirwaun has been categorised as a ‘Village’ in the UDP, but I have been given to understand that the property that is the subject of this application is not located within the development boundary of Rhoshirwaun but rather it is located far from the centre of the village and in this respect I will consider whether the applicant complies with the definition of ‘Local’ and ‘Need’ in the context of Community Need for Affordable Housing in the UDP (which is the basis for a Rural Village). Local: Following the decision of Gwynedd Council Board on 14 June 2011, there has been an amendment to the definition of ‘General Local’, namely that the local connection criteria of 10 years has been reduced to five years. This is important to note. In accordance with this amendment, it can be stated that the applicant does not comply with the definition of Local Community Need as the applicants have not lived or worked in the relevant Community Council area (or within four miles from the site as the crow flies) for five years or more. (It must be acknowledged however that the applicant would comply with the definition of ‘Secondary Qualifying Person’ for a 106 agreement Local Community Need for Affordable Housing. In the process of selling a local community need affordable house, after three months of attempting to sell the property to a person (persons) that complies (comply) with the initial definition (living or working in the area of the relevant Community Council, or four miles from the site as the crow flies, for five years or more), the eligible Local area

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

can be extended to include the far reaches of the Pen Llŷn area of the UDP. Need for an Affordable Dwelling I have considered the information submitted by the applicant. It must be recognised that the applicant’s position has been complicated as a result of the various factors to be considered and assessed, including the consideration given to the sale of the previous house. Having received confirmation in writing from the applicant’s solicitor of the process of selling the previous house, payment of debts to creditors, purchasing the current property, I have come to the following conclusion: Considering the position of the applicant, including his age in terms of his inability to obtain a mortgage, employment situation (retired), his savings and bearing in mind that he has retired and the need to ensure contingency savings, I am of the opinion that it would not be possible for the applicant to be able to afford a house on the open market in Rhoshirwaun (it is understood that the value of the property in question without an agricultural condition would be approximately £220,000 on the open market and he would certainly not be able to afford that). However, it could be argued that there is a sufficient stock of houses available for him on the open market in the wider catchment area of the far reaches of Pen Llŷn (on the basis of the availability of two and three bedroom houses).

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The consultation period ended on 28 June 2011 and two letters were received objecting to the application on the following grounds: • The objector had made an offer for the house for his son who complied with the condition • Approving the lifting of the condition would create a dangerous precedent and there is no value in imposing conditions when they are so easily removed. • A woman had not purchased the house because she had received confirmation that the condition could not be deleted. • The previous owners had failed to delete the condition. • Creating a precedent.

The application was consulted upon for a second time following the Planning Committee on 5 September as the description of the application has changed from deleting a condition to amending a condition to a rural enterprise and the advertisement period ends on 22 September 2011. No responses had been received at the time of preparing the report.

Additional Information: The application was postponed at the committee on 5 September 2011 following receiving late confirmation from the agent of the applicant's willingness to amend the condition to rural enterprises rather the deleting the condition entirely. The application is submitted to committee at the local member’s request.

Material Planning Considerations: The main consideration in this case is whether or not the condition continues to satisfy and withstand the test of Welsh Office Circular 35/95 on the use of conditions in Planning

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Permissions and whether there is a real need to reserve this property for someone who works fulltime or mainly, or has been working last in agriculture.

The original application to delete the agricultural condition is submitted as the new owners are facing enforcement proceedings because their use of the property does not conform to the agricultural occupancy condition. The applicants purchased the property and were aware of the condition and they believed that they complied since they had been running an agricultural holding of 25 acres previously in the parish of Llanengan and prior to that, 35 acres in the Mold area. However, it is understood that their main source of income was from the husband’s work as a Financial Advisor, therefore, the Unit believes that they do not comply with the condition that requires that someone who works fulltime or mainly in agriculture should occupy the property.

As a consequence of the threat of enforcement action, the property has been placed back on the market since September 2010, following unsuccessful attempts by the applicant to offer to sell the property to an individual that had also put in an offer for the house at the same time as the owners. The property was purchased for £140,000 which was higher than the guide price of £120,000 and the offer had been accepted a day prior to the auction. The property is now on the market for offers over £148,000 because of the improvements that have been made, such as connections to the water system and electrical work after the current owners moved in. It appears from the statement of a local Estate Agent that the property and surrounding land (without the field) is worth £220,000 without an agricultural occupancy restriction. It was noted that one offer of £156,000 was made recently but the individual did not qualify. Officers have received several enquiries regarding the property but the majority had no agricultural background. The property has now been on the market with an agent for ten months, no evidence has been submitted to show that efforts have been made by the applicant to target or advertise the property in the farming community and, therefore, there is doubt whether a real need has been proved that would justify deleting the condition entirely.

It appears, from the information held by the unit, that an interest was shown in the property back in March 2010, by a local farmer and young couples in need of affordable housing, and this has been confirmed by the estate agent and several have expressed concern and dissatisfaction with the lack of compliance with the condition. It is noted that one letter of objection is from a local farmer who offered to purchase the house on behalf of his son who would comply with the condition but the offer was refused since it was not high enough. This evidence suggests that there is agricultural need and local need for such a house in the area and this suggests that the agricultural condition continues to be required and meets the Circular 35/59 test. It is noted that three applications have been submitted for agricultural workers’ houses in the Aberdaron area since 2006 and one of those applications was approved at the last Planning Committee on 5 September 2011.

During the discussions the applicant requested that the Local Planning Authority should consider deleting the condition on a temporary basis so that an agreement could be reached for the current owners to spend the remainder of their lives in the property but the agricultural condition would continue after their deaths. The unit has already confirmed that such a condition would not be acceptable and it is not reasonable to make exceptions for individuals especially if they were aware of the condition when the property was purchased. However, the applicant’s attention was drawn to the advice of TAN6 that offers a new alternative condition extending occupancy conditions to a worker in rural enterprises or for affordable need.

Paragraph 4.13.5 of TAN6 states that where planning applications are received to lift existing agricultural occupancy conditions or where enforcement action is being taken for non compliance with the condition, the planning authority should consider replacing the existing

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION) agricultural occupancy condition with the rural enterprise dwelling condition to ensure the dwelling is kept available to meet the housing needs of rural workers and local people in need of affordable housing. These are the conditions suggested in the TAN to replace the old condition: a. solely or mainly working or last working on a rural enterprise in the locality where there is / was a defined functional need; or if it can be demonstrated that there are no such eligible occupiers, to those: b. who would be eligible for consideration for affordable housing under the local authority’s housing policies; or if it can be demonstrated that there are no persons eligible for occupation under either (a) or (b); c. widows, widowers or civil partners of the above and any resident dependants. By now, the agent has confirmed by email dated 2 September 2011 that the applicant would be willing to accept the alternative condition suggested by TAN6. However, the applicants themselves do not comply with the condition. The applicant does not comply with condition (a) and according to the comments of the Affordable Housing Officer, who has assessed the couple’s financial position and their affordable need; the applicant does not meet the requirement of local affordable housing need either. Policies for new houses in rural villages and converting buildings for residential use in the countryside require that local community need for affordable housing is proved. This means that the need is restricted to individuals that have lived in the area of the local community, or within four miles as the crow flies, from the site, on a permanent basis for a period of five years immediately prior, or during their lives. The applicant does not comply with this element as he has only lived locally in Abersoch, which is over four miles from Rhoshirwaun, since 2005.

It is considered that the condition as suggested in TAN6 extends the occupancy possibilities of the property to individuals in rural enterprises or in affordability need ensuring that the dwelling is available to maintain and satisfy the broader rural needs of the area avoiding the need for additional dwellings in the countryside. Since the national recommendations of TAN6 suggest changing agricultural conditions to rural enterprises and that the applicant has now confirmed his willingness to amend the condition in accordance with the recommendations, although it does not necessitate that he himself complies, it is considered that amending the condition is more acceptable than deleting the condition entirely as originally proposed.

Conclusions:

It appears that there is some evidence of need for agricultural dwellings in the area; therefore, the Council does not consider that there is justification for deleting the condition entirely. However, it is considered reasonable, bearing in mind the national recommendations in TAN6, to amend the existing agricultural condition to the rural enterprises condition which is more flexible in terms of individuals who are eligible to occupy the property. In loosening the agricultural occupancy condition it would satisfy the broader needs of the community which works in the agricultural field or in need of an affordable house. It is noted that the property is currently on the market and amending the condition could mean that more interest will be shown in the property and more people could be eligible for it. It must be noted that the condition as it stands does not preclude ownership of the property, so therefore it is possible for the owners to let the house to individuals that comply with the condition.

Consequently, it is recommended that the application to amend the agricultural condition to a rural enterprises condition should be approved in order to ensure that the dwelling is maintained to satisfy the need for rural workers houses and people who are in need of affordable houses and, therefore, the area does not lose an agricultural house to the open market.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Recommendation:

To approve – conditions a. Persons solely or mainly working or last working on a rural enterprise in the locality where there is / was a defined functional need; or if it can be demonstrated that there are no such eligible occupiers, to those: b. Persons who would be eligible for consideration for affordable housing under the local authority’s housing policies; or if it can be demonstrated that there are no persons eligible for occupation under either (a) or (b); c. widows, widowers or civil partners of the above and any resident dependants.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Number : 10

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Application Number: C11/0546/11/LL Date Registered: 12/07/2011 Application Type: Full Planning Community: Bangor Ward: Menai (Bangor)

Proposal: CREATION OF ALL WEATHER PITCH AND INSTALLATION OF EIGHT FLOODLIGHTS Location: LAND NR, HOLYHEAD ROAD, BANGOR , GWYNEDD , LL572HQ

Summary TO APPROVE SUBJECT TO CONDITIONS of the Recommendation:

Description:

This is a full planning application to create an all weather pitch and install eight adjacent floodlights.

The site forms part of a broader development that has already received planning permission for the relocation of Bangor City Football Club by creating a new sports stadium and ancillary work, including a training ground with four floodlights. The site is on two levels with the main pitch in front of the stand on lower ground than that of the all weather pitch, the car park and the access road to the site.

The development intends to create a 106m x 71m training ground with an Astroturf surface, erect eight poles with floodlights and erect a 2.1m high fence along the boundary of the training ground.

The site is located on the outskirts of the city and a roundabout and access road into the site have already been created off the A5 to the south of the site.

An established caravan park lies adjacent to the western boundary of the site, whilst open lands lie to the northeast. Other buildings are dispersed in the surrounding area, including residential dwellings, part of the university’s campus and a furniture manufacturing business.

Gwynedd Unitary Development Plan 2009:

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

B8 The Llŷn and Anglesey Areas of Outstanding Natural Beauty Safeguard, maintain and enhance the character of the Areas of Outstanding Natural Beauty by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features of the site.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Policy B10 – Protecting and enhancing landscape conservation areas – Protecting and enhancing Landscape Conservation Areas by ensuring that proposals conform with a series of criteria aimed at avoiding significant damage to recognised features.

Policy B15 – Protection of nature conservation sites of national significance Refuse proposals which are likely to cause significant damage to nature conservation sites of national significance unless they conform to a series of criteria aimed at managing, enjoying and safeguarding the recognised features of such sites.

Policy B34 – Lighting and Light Pollution Ensure that proposals do not significantly impair the amenity of neighbouring land uses and the environment.

Policy CH46 – Sport and Recreational Facilities in the Countryside Developments which essentially require a rural setting will be permitted provided they conform with all the relevant criteria regarding the scale and nature of the development, adaptation and reuse of an existing building, location and design of new buildings and a criterion specifically for riding/pony trekking centres regarding access to bridle paths and excessive use of those paths.

National Policies:

Planning Policy Wales edition 4, 2011

TAN 5: Planning and Nature Conservation

TAN 12: Design

TAN 16: Sports, Leisure and Open Spaces

Relevant Planning History:

C09A/0064/11/LL – minor changes to a design as approved through planning application C07A/0594/11/LL along with the erection of new a football stadium – approved 29.03.09.

C07A/0594/11/LL – minor changes to the design of a football stadium – approved 07.10.07

C07A/0533/11/LL – change to the details of an access – approved 12.09.07

C04A/0700/11/LL – changes to the development to relocate Bangor football club as approved under reference number C03A/0183/11/AM – approved 13.12.04.

C03A/0183/11/AM – relocation of Bangor City football club – approved 16.05.03.

Consultations:

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Bangor City Council: No observations as the council will be the landowner.

Menai Bridge Town Council: Observations state that the residents of Menai Bridge will see an increase in light impact.

Transportation Unit: Confirm that the site’s parking provision is sufficient and recommend that no light should affect the road users.

Environment Agency: Not received.

Welsh Water: Not received.

Public Protection Unit: Accept that the lighting levels are acceptable.

Countryside Council: No objection in principle to the proposal provided that the light does not affect views from Anglesey AONB; accept that there would be no effect on the nearby SSSI and that the bat report submitted was acceptable.

Sport Wales: Not received.

Biodiversity Unit: Suggest restricting the hours of use in order to mitigate the effect of lights and suggest retaining nearby trees / hedges.

Biodiversity / Trees Unit: Although it is acknowledged that some trees and parts of the hedge are in a poor condition, there is a wish to retain them or offer to undertake landscaping work.

Access Officer: Acknowledges what is proposed and that there is a need to ensure an accessible parking provision.

Policy and Performance Unit: Not received.

Anglesey Council: Observations regarding the site being in view from Anglesey AONB and that any effect should be assessed in terms of the visual appearance and the landscape, lack of mitigation steps on the northern boundary of the site, suggest that an assessment of the effect of light on the area should be undertaken at night.

Public Consultation: A notice was placed in the local press and on the site and nearby residents were informed, including residents along the banks of the Menai Straits adjacent to the site on the Anglesey side. The advertising period ended on 11.08.2011 and no letters of objection had been received when writing the report.

Additional Information:

This application is supported by the following documents and reports, as submitted:

1. 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,

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

environmental sustainability and site analysis. The content of the report was considered and it was found to be acceptable and a relevant consideration when determining the application.

2. Bats Survey Report – This report was submitted as an update to the previous report and specifically in relation to any impact this proposal would have in addition to what has been identified previously. It is suggested that appropriate steps are taken to ensure that the proposed development will not have a detrimental effect on protected species. It was accepted that the information and the suggestions to protect species have been safeguarded to an acceptable level, as confirmed by the CCW and Biodiversity Unit.

3. Floodlight Report – As in the case of the bats report, this report updates the previous comprehensive report. It notes and describes technical details regarding the lighting element, the strength of the lights and how they will be positioned and their appearance after they have been completed. It was accepted that the information submitted was acceptable and accurate.

Material Planning Considerations:

The main considerations in this application are:

Biodiversity 1. This site is located close to protected landscapes and sites because of their important nature conservation value. As required, information needs to be submitted in the form of formal assessments in relation to the proposed development, along with any impact it would have on protected species.

2. Comprehensive reports have been submitted previously to accompany the original application on the site and it was considered that an update to the bats report was sufficient in this case to update information and to make it of relevance to this proposed development. Therefore, it is considered that the requirements of policy A1 have been satisfied.

3. A full consultation was undertaken with the Countryside Council for Wales and it was confirmed that there would be no effect on the Coedydd Afon Menai SSSI and that there was no objection in principle provided that the impact of the floodlights did not have a negative effect on views from Anglesey AONB. It is suggested that it should be ensured that the proposal meets general lighting standards.

4. It is accepted that a previous development has been approved and that this is a modification and addition to what has been approved already. It is not considered that this development would be an excessive addition to what has been approved already; therefore, it is considered that it satisfies policies B15 and B16.

Amenities

5. This site is located in a sensitive area in terms of amenities as it is within 500m of the Anglesey shoreline and within view from the Anglesey AONB. Observations were received from Anglesey Council and the Countryside Council stating that it was essential to consider the floodlights’ effect on the AONB.

6. In this case, consideration must be given to the additional effect, if any, of approving this application in addition to what has been approved on the site already. The original proposal has approved the main football stadium with eight floodlights and a training ground with four floodlights.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

7. This proposal involves creating a larger training ground with eight floodlights, in comparison to the original four – no changes are made to the main ground. The four additional lights are located more to the south of the site; thus they are further away from the sensitive boundaries located to the north. The positioning of the lights will mean that the lights will be downward facing and therefore the pitch, rather than the broader area, will be lit. The previous condition has restricted the hours of use of the lights; therefore, the lights will not be used after 10pm.

8. The guidelines of the Institute of Lighting Engineers recommends a level of no more than 2 lux in an area of outstanding beauty, in this case, the levels are 0.7 as noted in the lighting report submitted with the application.

9. It is not considered that these four additional floodlights will have a much greater impact than what has been approved already and that there would be no additional detrimental impact on the area’s amenities; therefore, the proposal satisfies policies B8, B10, B23 and B34.

Sport / leisure facilities

10. The site is located on the outskirts of the city and outside the development boundaries as recognised in the Gwynedd Unitary Development Plan. Nevertheless, previous permission has been granted to develop the site and that development has commenced by creating the main ground and creating the new access and roundabout. The all weather pitch is an addition to the sports / leisure facilities of the local area and the broader area as it would provide a purposebuilt pitch with quality ancillary facilities within an accessible and convenient site in terms of transport links – it is considered that it satisfies the requirements of policy CH46.

Conclusions:

This site has already been granted planning permission for the proposal to relocate Bangor City Football Club by providing a stand, ground, car park and training ground with floodlights. This development has been implemented in part with the creation of the main ground, creation of an access road and roundabout and other ancillary work; therefore, this means that the training ground that was part of the original proposal can be developed at any time because the previous development has been commenced legally within five years of the permission date.

This application seeks to provide a training ground of quality because of its size, finishes and positioning. Bearing in mind that extant permission exists for the creation of a smaller training ground, it is not considered that what is proposed here is much different or that the additional size and addition in the number of floodlights would be excessive compared to what has been approved already.

Based on the above, and having considered all relevant issues, including local and national policies and guidance and the observations received, this application for the creation of an all weather pitch and the installation of eight floodlights is acceptable and is considered to be in accordance with relevant policies.

Recommendation:

To delegate powers to the Planning Manager to approve the application subject to receiving a report on the effect of floodlights at night and to receive confirmation regarding trees and hedges on the boundaries of the site. Conditions – time, to conform with plans, to restrict the hours when the floodlights can be used.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Number: 11

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Application Number: C11/0566/35/LL Date Registered: 27/06/2011 Application Type: Full Planning Community: Cricieth Ward: Cricieth

Proposal: VARIATION OF CONDITION 2 ATTACHED TO PERMISSION C08D/0226/35/LL TO RETAIN THE LAYOUT AS BUILT Location: TY'N RHOS , CRICIETH , GWYNEDD

Summary TO APPROVE SUBJECT TO CONDITIONS of the Recommendation:

Description: The application relates to the variation of condition 2 attached to planning permission C08D/0226/35/LL in order to retain the estate layout as built. This is a retrospective application as the houses and access have been built in different locations to those noted in planning permission C08D/0226/35/LL.

The site is surrounded by residential houses and there is a playing field to the northeast of the site. The road that serves the site also serves the substantial Council housing estate that lies to the north of the site.

Gwynedd Unitary Development Plan 2009:

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

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

National Policies:

Planning Policy Wales Chapter 3 – Determining planning decisions and enforcing them 3.8.1…“The decisive issue for the authority is whether the breach of planning control would unacceptably affect public amenity or the existing use of land and buildings meriting protection in the public interest.” 3.8.3…“The intention should be to remedy the effects of the breach of planning control, not to punish the person(s) responsible for the breach.”

Technical Advice Note 9 – Enforcement of Planning Control (1997) Paragraph 6: In considering enforcement action, the decisive issue for the local planning authority should be whether the breach of planning control would unacceptably affect public amenity or the existing use of land and buildings meriting protection in the public interest. Enforcement action should be commensurate with the breach of planning control to which it relates; it is usually inappropriate to take formal action against a trivial or technical breach of control which causes no harm to public amenity. The intention should be to remedy the effects of the breach of planning control, not to punish the person(s) carrying out the breach. Nor should enforcement action be taken simply to regularise development for which permission has not been sought, but which is otherwise acceptable.

Relevant Planning History:

C08D/0226/35/LL – Construction of eight dwellings along with a new vehicular access and parking provision. (Approved 28/07/08)

Consultations:

Community/Town Council: No observations

Transportation Unit: I refer to the aforementioned application and I 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.

Welsh Water: Not received

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The consultation period ended on 28/07/11 and three letters were received objecting to the application on the following grounds: • Lack of play area for children • Noise • A safety fence is required from the corner of Gerddi Arfonia towards the play area • Lack of landscaping • Type of hardcore materials used and a lack in some places. Using fine slate is dangerous. • External work needs to be completed on the estate

Additional Information:

In accordance with the Town and Country Planning Order (General Development Procedure) (Wales) 2009, a Design and Access Statement is required. Technical Advice Note 12 Design provides clear advice. The Design and Access Statement is a material consideration that those determining the application must consider. The applicant has noted in the statement that consideration was given to the character, movement, environmental sustainability, community safety and access. The Design and Access Statement has received due emphasis and consideration in determining this application, but has not changed the recommendation.

Material Planning Considerations:

Appearance, plan and amenities 1. It is considered that the location of the houses as built is acceptable and also, in terms of amenities, it is not considered that the development has a substantially greater effect than the plan approved originally under application C08D/0226/35/LL. Consequently, it is not considered that the proposal would have a significant effect in terms of residential or visual amenities. It is, therefore, considered that the proposal complies with policies C1, CH4, B22, B23 and B25 of the Gwynedd Unitary Development Plan.

Access 2. One of the main objections to this application relates to highway implications and child safety. The highways authority has responded to the consultation on the current application and it had no further observations or objections to make. The current proposal allows vehicles to access the site and leave in a forward gear. Sufficient parking and turning space has been provided in the curtilage and therefore the proposal is in accordance with policies CH33 and CH36 of the Gwynedd Unitary Development Plan.

Conclusions:

It is considered that the use, location, design and proposed materials are acceptable and that they will not disturb the character and appearance of the area. All material considerations were addressed when determining this application, but this has not changed the recommendation.

Recommendation:

To approve – conditions – development to comply with the approved plans.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Number :12

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Application Number: C11/0699/23/LL Date Registered: 08/08/2011 Application Type: Full Planning Community: Llanrug Ward: Cwm y Glo

Proposal: SITING OF SEVEN ADDITIONAL TIMBER HOLIDAY CABINS TOGETHER WITH LANDSCAPING AND ENVIRNMENTAL IMPROVEMENTS Location: BRYNTEG HOLIDAY HOME PARK LTD , LLANRUG , CAERNARFON , GWYNEDD , LL554RF

Summary of the Recommendation: TO APPROVE SUBJECT TO CONDITIONS

Description: This proposal involves siting seven additional timber holiday cabins near the southwestern boundary of the Brynteg Holiday Home Park. The new cabins will be located on the highest part of the current golf course and will involve work to improve the landscape and tree planting. The site has planning permission for 316 holiday units, and the proposal is tendering for an additional seven that will increase the number to 323 units, namely an increase of 2.2%. Access to the additional units will be via the existing road network that crosses the holiday park, and therefore no new roads will be created.

The site has been well managed and is well established in terms of landscaping and facilities. It has a bar, two restaurants, a shop, great leisure facilities and a play area for children along with a golf course. The proposal would be mitigated with ancillary areas of landscaping, planting and a tree replacement/ management plan. The agent has outlined that an assessment has been commissioned on the Coed Goleu woodland that is within the site’s ownership in an attempt to manage them appropriately. This is also combined with the applicant’s continuous financial commitment to improve and maintain the landscaping and environmental contribution throughout the park. In its entirety the site is currently well landscaped and the topography of the area means that it cannot be seen very clearly from any public area. The timber cladding nature of the caravans / cabins mean that there is a way of assimilating them into the landscape without any detrimental impacts on visual amenities. The increase in numbers is justified by the current and additional financial commitment involving the whole site, and especially in terms of the maintenance work and the continuous improvements that help to keep hold of The David Bellamy Gold Award (over the past ten years).

The site is located in the countryside and is landscaped and surrounded with mature trees. The site is also within a Landscape Conservation Area with a grade II listed building (the walls of the nearby castle) by the site’s access and boundary. The site is also subject to a Tree Preservation Order and is within Bryn Bras Castle's park and gardens of special historic interest. There are residential houses near the access to the site. The access opens out to a third class highway.

Gwynedd Unitary Development Plan 2009:

B3 – DEVELOPMENTS THAT AFFECT THE SETTING OF LISTED BUILDINGS

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Ensure that proposals have no adverse effect on the setting of Listed Buildings and that they conform to a number of criteria aimed at safeguarding the special character of the Listed Building and the local environment.

B10 – SAFEGUARD AND ENHANCE LANDSCAPE CONSERVATION AREAS Protecting and enhancing Landscape Conservation Areas by ensuring that proposals conform to a series of criteria aimed at avoiding significant damage to recognised features.

B12 – PROTECTING HISTORICAL LANDSCAPES, PARKS AND GARDENS Safeguard landscapes, parks and gardens of special historical interest in Wales from developments which would cause significant damage to their character, their appearance or their setting.

B19 – PROTECTED TREES, WOODLAND AND HEDGEROW Approve proposals that will involve losing or damaging a protected tree, woodland or hedgerow only when the development’s economic benefits and/or social benefits outweigh any damage.

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

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

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

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

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

National Policies: Planning Policy Wales (Fourth edition, February 2011) Technical Advice Note (TAN) 13: Tourism (1997)

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Relevant Planning History: 3/23/71C – Review the location of the number of static and touring caravans that were approved Approved 14/06/78 subject to conditions including only 287 static caravans and 68 touring caravans. (total of 355).

3/23/71T – Certificate of Legal Use or Proposed Development (for tents and touring caravans) – Appeal was refused.

5/23/532 – Certificate of Legal Use or Proposed Development (for tents and touring caravans) – Refused 05/10/1995.

C99A/0052/23/LL – Change of use of touring caravans area to an area for retail and linked car park along with extending the children’s play area – Approved with conditions 19/03/1999

C99A/0245/23/LL – (1) Relocate touring caravans on a section of the O.S.2026 field (2) Change the land use to create par 3 a golf course. (3) Locate six double unit caravans with timber cladding in the trees Approved with conditions 13/08/1999.

C00A/0543/23/LL – Change of use of part of caravan park from touring caravans to static caravans Approved 07/12/2000 with conditions including Condition 6 “No more than 301 static caravans to be sited at any one time within the area that has been highlighted blue on the location plan which corresponds to the planning application” Reason: In order to ensure the site is developed systematically.

C051/0904/23/LL – Locate nine additional log cabins and landscaping Approved 09/03/2006 with conditions 09/03/2006 including Condition 6 “No more than 316 static caravans to be sited at any one time within the holiday park” Reason: In order to safeguard the Local Planning Authority’s approved policies and regarding the siting of caravans in order to safeguard the area’s visual amenities.

C09A/0349/23/LL— Site nine new caravans (lodge) along with landscaping and environmental improvements – Refused 23/04/2010 due to the effect on visual amenities and contrary to D17 criteria.

Consultations:

Community/Town Council: Not received.

Transportation Unit: Not received.

Environment Agency: Not consulted.

Welsh Water: Not consulted.

Caravans Officer No objection.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The advertising period ends on 9 September 2011 and to date, six letters were received objecting to the application on the following grounds: • Impact on the Landscape Conservation Area • Highway safety, increases the number of additional traffic and nuisance to residents • Located outside the curtilage and extends the boundary to a recreational green area • Contrary to policies • The development’s effect on the nearby grade II* listed building • Encourages antisocial behaviour

Additional Information: The application is submitted to the committee as it involves five or more caravans.

An acceptable design and access statement was submitted with the application, explaining the proposed changed to the site and also the general improvements to the site as a whole.

Material Planning Considerations:

Increase the number of touring caravans 1. The proposal was assessed in light of Policy D17 of the GUDP and the associated Advice Note. Given the site’s planning history, the proposal assessment clearly shows the planning situation, and the relevant criteria notes that the development should be part of a plan to improve the site for visitors, that it offers significant improvement to the design, layout and the appearance of the site and also that any increase in the numbers are small and compatible with the rate of any improvement to the site. In this case it is considered that the proposal does comply with the criteria, as the small increase in numbers will offer significant improvements in terms of landscaping the site and will make the site more concealed within the site as a whole, it will also bring more money into the site and as a result will offer permanent improvements over the whole site as well as general upgrading. The criteria also note a small increase in numbers, and state that the increase should be no more than 10%. In this case the increase is only 2.2% which is very low in terms of the criteria.

2. It is not considered that developing this relevant land would be tantamount to developing a ‘new site’ as it is a physical part of the Brynteg site and is adjacent to existing units. The site would be accessed through Brynteg, and would use the facilities in Brynteg. The conclusion was reached that the proposal forms a reasonable extension to Brynteg, by using part of the golf course without much visual intervention (the cabins will be on the periphery). It is considered that this part of the site will be more prominent within the landscape due to the nature of the land which is higher up, but there is an intention to landscape along the front of the verge in order to conceal the cabins from the land below. It is therefore considered that the proposal is acceptable and complies with policies B22, B23 AND B25 of the GUDP.

The proposal’s impact on the amenities of the area and neighbouring residents. 3. In terms of the effect on amenities, the proposal would not have any effect on nearby properties’ privacy, and would not lead to overdeveloping the site. It is considered that any increase in traffic would be negligible and therefore it would not cause ‘significant damage’ to local amenities. Antisocial behaviour is not a problem on the site. The design and allocation would be accessible for all and would therefore cause

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

minimal visual effect. The cabins will be of a similar design and colour to the ones already on the site and therefore will not stand out within the landscape. The additional landscaping, the location along the side of the existing landscape and the site’s natural topography would give the cabins a natural background leading to a minimal effect on visual amenities and any nearby residents and therefore it is considered acceptable and in accordance with policies B10, B19, B22 and B23 of the GDUP.

4. It should also be noted that the site is located within a Landscape Conservation Area. It is unlikely that the proposal would have an effect on this area's character by adding only seven cabins. The agent has also commissioned an assessment of the Coed Goleu woodland which is within the site’s ownership in order to manage it appropriately, and will form part of the site’s current improvements and will safeguard the woodland in the future. It also works as additional landscaping to conceal the site. It is therefore considered that the proposal complies with policy B10.

The effect of the proposal on the setting of a Listed Building 5. The site's access has a grade II listed wall nearby and residents have concerns regarding the effect of the proposal on this structure. The proposal is not considered to have any detrimental effect on the setting of the listed building, but there may be concerns regarding bringing cabins to the site in terms of road safety in case the wall is struck. But considering that the majority of caravans that are currently on the site have travelled to the site safely, it is not considered that there would be any reason for this to have an effect this time. There is also concern from a third party regarding the effect of the proposal on the grade II listed building nearby, but due to the distance between the building and the relevant site, the proposal is unlikely to have any effect on the setting of the listed building as it will not be visible from the building. The site is also within the essential location of Bryn Bras Castle’s park and gardens of special historic interest, but yet again due to the extensive landscaping that exists on the site it is considered that this is unlikely to have any effect on the setting. It is, therefore, considered that the proposal complies with policies B3 and B12 of the GUDP.

Highways Considerations 6. In terms of the size of the existing site, it is not considered that the additional seven cabins will create a significant increase in traffic along the road, until now the Transportation Unit’s observations have not been received, but it is considered that an increase of 2.2% would create a very small increase in road traffic, around an additional 23%, and this is unlikely to have any detrimental effect on the road network.

Conclusions: In considering the improvements that are being proposed and the location on the development I believe that the proposal does comply with the criteria set out in Policy D17. In addition, the proposal is not considered to have a detrimental effect on visual amenities or the area's nearby residents or on road safety either and as a result the development does comply with the relevant policies of the GDUP and because there are no material planning considerations to state otherwise I believe the development is acceptable.

Recommendation: To approve – conditions to commence within five years, restrict the siting of the caravans to that which is indicated in the plans, number of holiday units on the site restricted to 323, holiday use only, used ten and a half months a year only in accordance with the rest of the site, the colour of the units to be approved in writing by the Local Planning Authority and landscaping.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Number : 13

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Application Number: C11/0666/23/LL Date Registered: 01/08/2011 Application Type: Full Planning Community: Llanrug Ward: Cwm y Glo

Proposal: EXTEND HOLIDAY PARK TO SITE 13 ADDITIONAL TOURING CARAVANS AND ASSOCIATED WORKS INDLUDING LANDSCAPING AND ENGINERRING WORKS Location: SEIONT RIVERSIDE CAMPING , PONTRUG , CAERNARFON , GWYNEDD , LL552BB

Summary of the TO APPROVE WITH CONDITIONS . Recommendation:

Description: This is an application to extend the existing caravan park by placing 13 touring caravans and associated works, which includes landscaping and engineering works, such as creating drives and hard pitches for placing the caravans themselves. The land plot measures around 0.34 hectares.

At present, the site is partly derelict, and is used to store different types of machinery and materials associated with running the site as a holiday park and garden nursery. It was used previously for polytunnels, which were used for growing plants and produce associated with the nursery.

The site is situated between the old mill (which is now being used as a café) and the river Seiont, at a location which is concealed from any public spot due to its low position in the land and the coppices that surround it.

The current access from the Llanberis Road highway (A4085) is used, with the existing drive linking the application site with the access itself. The access has been widened and improved in the past for the purpose of the various uses within the site.

The hard pitches for the caravans and the cars/vehicles will measure 7m wide by 9m deep, and open spaces measuring 5m wide will be landscaped between each hard pitch. Each hard pitch will be connected together by a drive measuring 3m wide, which will follow the direction of the old railway, under one of the bridges towards the existing car park.

As part of the application, a design and access statement was submitted along with an assessment of flooding consequences, as the site is located opposite the river Seiont, which is a main river. The application has been submitted following discussions beforehand with the Planning Department, in order to receive agreement in principle to such a development.

Gwynedd Unitary Development Plan 2009:

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

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

D20 – TOURING CARAVAN, CAMPING AND TOURING UNIT SITES – EXTENSIONS, ADDITIONAL PITCHES, RELOCATION AND EXCHANGES Proposals for increasing the number of pitches, extensions to sites, or for the relocation or exchange of pitches will be approved provided the proposal forms part of a scheme to ensure environmental and visual improvements, and meets other criteria relating to the impact of the development on the local area.

National Policies:

Planning Policy Wales, Chapter 7 “Supporting the Economy” (February 2011) and Chapter 11 on “Tourism, Sport and Recreation” (February 2011). Technical Advice Note 15 on “Development and Flood Risk” (July 2004).

Relevant Planning History:

There is extensive history to this site, but here are the applications that are most relevant to this latest proposal:

Application number C97A/0094/23/CL – construct a toilet block for the holiday park, approved in March 1997.

Application number 3/23/58n – change the use of part of the holiday park to be part of the nursery, approved in December 1994.

Application number 3/23/58M – construct a toilet block, approved in June 1996.

Application number 3/23/58K – changes to the existing entrance, approved in March 1991.

Consultations:

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

Community/Town Council: Not received.

Transportation Unit: No objection.

Environment Agency: A condition relating to land levels.

Welsh Water: No observations

Public Protection Unit: Not received.

Public Consultation: A notice was placed on the site and neighbouring properties were notified. The consultation period ends on 16.09.11. To date, no response has been received from the public to the notification.

Additional Information:

No additional information has been submitted with this application.

Material Planning Considerations:

1. Residential amenities – it is not believed that the proposal will have an impact on the residential amenities of neighbouring residents, taking into consideration the location and scale of the proposal and its setting in relation to the nearby residential property (Cilan), which is located some distance away from the site itself, and on land that is far more elevated than the site of the application. The proposal therefore complies with the requirements of Policy B23 (safeguarding the amenities of the local neighbourhood) of the Unitary Development Plan.

2. Visual amenities – as referred to in the above assessment, this site is located on low land that is surrounded by trees and mature coppices, together with the old mill building, which is quite a large building itself. Taking into consideration also the relatively small number of caravans proposed (given the size of the existing caravan park), together with the fact that the proposal also involves substantial landscaping, it is not believed that there will be unacceptable impacts on the visual amenities of this part of the site. It must also be recalled that the site at present is partly derelict, and the proposal will improve the view into this part of the site from the remainder of the site, and from the old mill that is used as a café nowadays. The proposal therefore complies with Policy B23, Policy B27 (landscaping schemes) and D20 (touring caravan, camping and touring unit sites – extensions, additional pitches, relocation and exchanges) of the Unitary Plan.

3. Land at risk of flooding – this site is located opposite the river Seiont, and Policy B29 of the Unitary Development Plan states that proposals for highly vulnerable developments on a site forming part of an area categorised as zone C2 will be refused. The applicant was aware beforehand that the site was sensitive in terms of flooding and its proximity to a main river, and as a result of this, an assessment of flooding consequences was submitted with the planning application. The assessment concludes that any risk of flooding can be managed to a degree that is acceptable to the Agency and the requirements of TAN 15 on "Development and Flood Risk". It is suggested to impose an appropriate condition with any permission that is granted for the development.

PLANNING COMMITTEE DATE: 26/09/2011 HEAD OF REGULATORY REPORT CAERNARFON (PLANNING, TRANSPORT & PUBLIC PROTECTION)

4. Extensions to touring caravan sites – Policy D20 of the Unitary Development Plan states that proposals for increasing the number of pitches on sites for touring caravans, camping and touring units will be approved, provided the proposal forms part of a scheme that will lead to environmental and visual improvements in terms of the location, layout, design and appearance of the site, and its position in the surrounding landscape. The purpose of the policy is to promote improvements to the quality of touring caravan, camping and touring unit sites, and it is believed that the proposal in question contributes significantly towards improving the visual amenities of this part of the park, without it being and overdevelopment of the entire park. It is therefore considered that the proposal is acceptable in terms of the requirements of this particular policy.

Conclusions:

Taking into consideration the above assessment, it is believed that the proposal is acceptable in terms of its location, scale, layout, density and in terms of landscaping and road safety, and is therefore in accordance with the policies of the UDP and all other material planning considerations.

Recommendation:

To approve with conditions relating to commencing the work, in accordance with the plans submitted, landscaping, a condition on land levels and occupancy condition.