Planning Justification Statement for the Erection of a Building Accommodating Boat Store,Home Office,Garage with Living Room

Planning justification statement for the erection of a building accommodating boat store,home office,garage with living room and bedroom above at Pen y Dref Bach Rhosneigr Isle of Anglesey

Mark Davies

Director

Cambrian Planning and Development Ltd.

11 High Street, Malltraeth, Anglesey, LL62 5AS 07502 089743 [email protected] www.cambrianplanning.co.uk

Cambrian Planning is a trading name of Cambrian Planning & Development Ltd registered in Wales. Company registration number 11724233. Registered office as above Proposal The site is located within the settlement boundary of Rhosneigr The building will be a two storey construction with boat store,home office,garage, living room and one bedroom. It is of a modest scale as it is to be used in connection with the existing dwelling. It has been designed to provide the applicant with the additional space required. A previous application was submitted Ref FPL/2019/287, this was however, withdrawn due to concerns in respect of the proposed use and proximity to the adjacent property. To this end the scheme has been amended moving the proposed building away from the adjacent dwelling and there will now be no harm to the amenities of any residential occupiers. Whist a self contained annexe is not being proposed recent appeal decisions are considered relevant to this proposal. Especially in relation to the matter of enforcement and any perceived future use. An appeal at Trefle, Malltraeth (APP/L6805/A/17/3168875) was recently allowed, the Inspector in dealing with the Planning Authority’s contention that what was being proposed was a new dwelling in the countryside stated in his decision that; “For an independent dwelling house to be formed it would need to have all the facilities for independent living and would be required to be occupied by persons unrelated to the appellants and be used as such where there is a physical and functional separation between the main house and the annexe. In that instance a new planning unit would be formed. There are three potential categories in assessing the planning unit, a single main purpose of the occupiers use of land, a mixed use or composite use of a single unit, or two or more physically separate and distinct areas occupied for different and unrelated purposes within a single unit of occupation. The Council must be advocating the latter category, but the intended purpose of the proposed building would not be functionally or physically separate from the main house and the development can be regulated by planning condition. The occupants of the annexe would share the garden and access arrangements with the main house. The size of the annexe whilst large would be comparable to the size of the main house, and the degree of separation between the building and the main house is no greater than which presently exists between the residential caravan used as an annexe and the main house. There is no intention to separate the proposed building from the main house by means of independent garden or

11 High Street, Malltraeth, Anglesey, LL62 5AS 07502 089743 [email protected] www.cambrianplanning.co.uk

Cambrian Planning is a trading name of Cambrian Planning & Development Ltd registered in Wales. Company registration number 11724233. Registered office as above access to it, these facilities would be shared. In my view, the proposed building would be used part and parcel with the main house. This is how the application is presented and it should be considered on that basis. The concern that the building could be used as a separate dwelling house by occupants unrelated to the main house would breach a planning condition which would be imposed to regulate the annexe use.”

A further appeal which was allowed related to the erection of an annexe at Tyn yr Odyn, Llanfechell, Amlwch (APP/L6805/A/18/3206231) here the Inspector noted;

“The proposed annexe would be sited to the rear and partly to the side of Tyn yr Odyn on the site of an existing caravan and outbuilding. The proposed building would be two storeys with bathroom, kitchen and lounge/diner and hall on the ground floor, and two bedrooms and bathroom on the first floor. It would have a shallow apex roof and roof dormer facilitating a glazed door onto a balcony, although the balcony is not shown on the plans. The building has the appearance of a residential dwelling but described as an annex in the planning application”

“The appellants contend that they need extra accommodation because they have age related and medical needs and the annexe would accommodate the appellants’ grandson. The appellants would continue to reside in the main dwelling, but the design of the annexe is flexible so when needs change they could reside in the annexe. It is reported that due to the needs of the appellants the grandson has taken on a role as a carer and this role is likely to increase as time goes on. This indicates that the occupants of the annexe and the main dwelling have a functional link and share the facilities of the main house such as the parking, access, garden and utilities.”

The Inspector went onto find;

“Taking these factors in account the proposed building would be used part and parcel with the main house, and would not amount to the creation of a new dwelling in the countryside. I find that the proposal would not conflict with Policy PCYFF 1 of the Joint Local Development Plan”

11 High Street, Malltraeth, Anglesey, LL62 5AS 07502 089743 [email protected] www.cambrianplanning.co.uk

Cambrian Planning is a trading name of Cambrian Planning & Development Ltd registered in Wales. Company registration number 11724233. Registered office as above Circular 016/2014 (The Use of Planning Conditions for Development Management) in paragraphs 5.43-5.45 provides guidance on restricting the use of the building as an annexe to the main dwelling. Imposing such a condition would make this development acceptable in planning terms. Any concern that the building could be used as a separate dwelling house by occupants unrelated to the main house would breach a planning condition which would be imposed to regulate the annexe use.

The Inspector found in respect of the Trefle appeal that;

“I note that the Council asserts that the detection of any breach would be difficult to establish. I do not regard the suggested condition in the Circular onerous and beyond normal detection methods such that any breach of its terms would be impossible to detect. A planning condition is valid even if it is difficult to enforce.”

To this end when allowing the appeal and granting planning permission he imposed the below condition;

“The building shall not be occupied at any time other than for purposes ancillary to the residential use of the dwelling known as Trefle”

With the above matters in mind it is considered that the building as proposed is acceptable in land use terms and the amendments made along with its repositioning now ensures that there will be no harm to residential amenity. As such it is considered that there can be no reason to withhold planning permission.

11 High Street, Malltraeth, Anglesey, LL62 5AS 07502 089743 [email protected] www.cambrianplanning.co.uk

Cambrian Planning is a trading name of Cambrian Planning & Development Ltd registered in Wales. Company registration number 11724233. Registered office as above 11 High Street, Malltraeth, Anglesey, LL62 5AS 07502 089743 [email protected] www.cambrianplanning.co.uk

Cambrian Planning is a trading name of Cambrian Planning & Development Ltd registered in Wales. Company registration number 11724233. Registered office as above