Planning Committee: 07/12/2011
Report of Head of Planning Service (JBR)
Recommendation:
Permit.
Reason for Reporting to Committee:
The application is on Council owned land.
1. Proposal and Site
The application site is an industrial unit on Amlwch Business Park, Amlwch.
The application is for the change of use of the unit from light industrial under Class B1 to an ambulance station which is sui generis.
2. Key Issue(s)
The key issue is whether the proposed use as an ambulance station is acceptable.
3. Main Policies
Ynys Mon Local Plan
1 – General Policy 26 – Car Parking 42 – Design
Gwynedd Structure Plan
D4 – Location, Siting and Design D29 – Design.
Stopped Unitary Development Plan
GP1 – Development Control Guidance GP2 – Design
4. Response to Consultation and Publicity
Local Member – Strongly Support Welsh Water – No response at time of writing report. Community Council – No response at time of writing report. Highways – No objection Environment Agency – No objection Environmental Health – No Observations Drainage – Comments
Response to Publicity.
None received at time of writing report.
5. Relevant Planning History
11LPA805/CC – Erection of 4 industrial units on land adj Llwyn Onn Industrial Estate, Amlwch Granted – 10.12.01
11LPA805A/CC – Erection of 2m high pallas panels and formation of a new path at units 1-4 Amlwch Industrial Estate, Amlwch Granted – 29.3.05
6. Main Planning Considerations
The proposal involves the change of use of the existing industrial unit from light industrial under Class B1 to an ambulance station which is sui generis as such a use does not fall within any of the defined use classes.
No changes are proposed to the external appearance of the unit.
Such a use is considered to be suited to such a location on an established industrial estate and as such the proposed use is considered acceptable.
It is not considered that the proposed use will have an unacceptable effect on the occupiers of adjoining units or upon the amenities of nearby residential properties.
7. Conclusion
The proposal is considered acceptable subject to conditions.
8. Recommendation
Permit.
(01) The development to which this permission relates shall be begun not later than the expiration of five years beginning with the date of this permission.
Reason: To comply with the requirements of the Town and Country Planning Act 1990.
(02) The development permitted by this consent shall be carried out strictly in accordance with the plan(s) submitted on the 10.10.2011 under planning application reference 11C143H.
Reason: For the avoidance of doubt.
9. Other Relevant Policies
Planning Policy Wales (Edition 4)
10. Other Non-Material Issues Raised
None.
Planning Committee: 07/12/2011
Report of Head of Planning Service (NJ)
Recommendation:
Permit Reason for Reporting to Committee:
At the request of the Local Member.
1. Proposal and Site
The site is situated within the development boundary of Holyhead and is located on South Stack Road on the junctions with Garreglwyd Road and Gors Avenue. The site is currently occupied by a vacant and deteriorating dwelling and associated outbuildings, overgrown garden areas and with access directly onto South Stack Road. Vehicular access to the development site is afforded off Gors Avenue and the development proposed is a mix of terraces and semi-detached units fronting onto South Stack Road, numbering 12 two storey dwellings in total.
Parking spaces for 26 vehicles together with the access road, turning areas and private gardens are contained within the site with the dwellings themselves located contiguous with the highway.
2. Key Issue(s)
The application’s key issues are whether the proposal will affect the amenities of the surrounding properties, the character of the local area or affect highway safety and protected species.
3. Main Policies
Ynys Môn Local Plan
Policy 1 – General Policy Policy 26 – Parking Standards Policy 34 – Nature Conservation Policy 42 – Design Policy 48 – Housing Development Criteria Policy 49 – Defined Settlement Policy 51 – Large Sites
Gwynedd Structure Plan
Policy A3 – Scale and Phasing of New Housing Developments Policy A9 – Affordable Housing Policy D4 – Location, Siting and Design Policy D10 – Flora and Fauna Policy D29 - Design
Stopped Unitary Development Plan
Policy GP1 – Development Control Guidance Policy GP2 – Design Policy EN4 - Biodiversity Policy HP3 – Main and Secondary Centres
Policy HP7 – Affordable Housing
Supplementary Planning Guidance – Design Guide for the Urban and Rural Environment
Supplementary Planning Guidance – Parking Standards
Planning Policy Wales (Edition 4) Technical Advice Note 5 – Nature Conservation and Planning Technical Advice Note 12 – Design Technical Advice Note 22 – Sustainable Buildings
4. Response to Consultation and Publicity
Local Member – Requested that the application be referred to the Planning and Orders Committee due to local concerns
Town Council – No objection to scheme but concerns regarding parking at Ponthwfa Stores
Welsh Water – Recommended conditional approval
Highways – suggested conditions
Drainage – Requested further information with regards to the means of disposal of surface water.
Countryside Council for Wales – protected species survey requested. Details submitted and mitigation in the form of a payment agreed with developer
Ecological Advisor – advises that site clearance should not take part during the bird nesting season
Dwr Cymru – Welsh Water – objection to proposals as submitted. Drainage scheme justification submitted and was being assessed at the time of writing
Gwynedd Archaeological Planning Service – no condition required on recording but the existing dwelling is a locally prominent building and its demolition may detract from the local streetscene
Response to Publicity
The application was afforded three means of publicity. These were by the posting of a site notice near the site, the publication of a notice in the local press and the serving of personal notifications on the occupants of neighbouring properties. The latest date for the receipt of representations is 7th December 2011. At the time of writing this report 6 letters of representation had been received at the department. The main issues raised were: i) increase in vehicular movements which will cause a burden to the existing highway network and affect pedestrian safety – highways issues are considered further in the report ii) overdevelopment and out of character – considered further in the report iii) loss of light and privacy - considered further in the report iv) loss of green play area and habitat – habitat issues are dealt with further in the report. Loss of green space as a play area has been cited but it should be borne in mind that the site is a private property v) inadequate drainage system – technical considerations are explored further in the report
5. Relevant Planning History
19C333 Residential development of land at Westbury Mount – approved 3/2/89.
19C333A Residential development of land at Westbury Mount – refused 24/1/91 Appeal Allowed 16/9/91.
6. Main Planning Considerations
Principle of the Development – the site is located within the development boundary of Holyhead and represents a previously developed site. The principle of its redevelopment to residential use is therefore acceptable.
Affect on surrounding properties – Objections have been received to the scheme which include objections in relation to alleged loss of privacy and amenity. The dwellings are arranged to the roadside frontage with parking and amenity space to the rear. The dwellings are separated from those on the neighbouring site at the Garreglwyd estate and from dwellings at Gors Avenue by footpaths, gardens, parking spaces, the estate road and further parking spaces. There is a distance of 24m between the rear facade of first dwelling on entering the site from Gors Avenue and the boundary of the site closest to gardens at Gors Avenue, tapering to 23m from the rear facade of the 9th dwelling to the rear boundary of the site with dwelling at the Garreglwyd estate. The site tapers further where South Stack Road meets the junction with Garreglwyd Road. Three dwellings are proposed for the site in this area. No dwellings directly abutting the site exist on this boundary at the Garreglwyd estate. Dwellings are located on the opposite side of the estate road but at a distance of some 25m from the site boundary. Those most likely to be affected by the proposals in terms of amenity concerns are the first three dwellings located to the right hand side of the estate road at Gareglwyd and Glasynys which is located on Gors Avenue. The SPG on Design has a section dealing specifically with proximity distances. It recommends that the distance between main aspect windows should be 21m, the distance between main to secondary windows should be 18m, the distance between secondary to secondary windows (as appears applicable to the site) should be between 9 and 15m. The proposals exceed these recommended distances such that issues of overlooking or loss of privacy are unlikely to occur.
Affect on the locality – The design of the proposal reflects the pattern of development in the vicinity by providing terraced and semi-detached properties fronting the street. The boundary wall with South Stack Road is to be retained but reduced in height to 1m above the level of the adjoining footway. 1.8m fencing is proposed for the rear boundary. Amenity and parking areas are located to the rear in order that the dwellings themselves keep a strong identity with the streetscene. Albeit that Westbury Mount itself is an attractive and imposing building in the streetscene, it is not a listed building and therefore is not statutorily protected. The Gwynedd Archaeological Planning Service has assessed the proposal but does not recommend that a photographic record is required.
Affect on Highway Safety – Concerns have been raised in relation to highway safety but the scheme has been scrutinised by the Highway Authority and is considered to meet applicable standards. The developer has agreed to provide tactile crossing points in order to assist pedestrians. Concerns have been raised in relation to congestion by Llaingoch Primary School and at the junction of Gors Avenue during the school run for example but the Highway Authority recommends conditional approval.
Technical Details – Additional drainage details were requested in support of the application. Dwr Cymru- Welsh Water objected to discharge of surface water drainage to the public sewerage system. A drainage strategy has now been submitted which suggests that soakaway drainage and discharge to a watercourse are not available options. A response from the statutory undertaker in relation to detailed proposals for discharge into the public sewerage system was awaited at the time of writing. Protected Species – a protected species survey was undertaken at the request of the Countryside Council for Wales which indicates that the site may present suitable foraging habitat for great crested newts which are known to inhabit the locality. Mitigation has been discussed with the Countryside Council for Wales and it has been agreed that the most beneficial option is to secure a contribution from the developer of £5000 towards Amphibian and Reptile Conservation to contribute to the cost of developing a computer model to predict the likely occurrence of newts in this area of the Island. Should newts be found to be present on site during development, the payment will rise to £10,000. Reasonable avoidance measures during construction are advised.
Other issues – the proposal will be required to provide 30% of the units as affordable dwelling units in accordance with policy requirements.
7. Conclusion
The site is situated within the development boundary of the Holyhead and is a brownfield redevelopment site. The proposal respects the characteristics of surrounding properties in design terms. The site can accommodate the proposal without creating a cramped development or affecting the amenities of the neighbouring properties or surrounding area. The Highway Authority is satisfied with the proposal in highway safety terms. Subject to satisfactory drainage and a Section 106 agreement to secure a contribution in lieu of loss of great crested newt foraging habitat and to secure the provision of affordable housing, the scheme is considered acceptable.
8. Recommendation
Permit subject to conditions and subject to a S106 agreement to secure a financial contribution in lieu of the loss of great crested newt foraging habitat and to secure 30% of the units as affordable dwellings in accordance with policy requirements:
(01) The development to which this permission relates shall be begun not later than the expiration of five years beginning with the date of this permission.
Reason: To comply with the requirements of the Town and Country Planning Act 1990.
(02) The dwelling hereby permitted shall be constructed to achieve a minimum Code for Sustainable Homes Level 3 and achieve a minimum of 1 credits under category 'Ene 1 - Dwelling Emission Rate' in accordance with the requirements of the Code for Sustainable Homes: Technical Guide 11th November 2010 (Version 3). The development shall be carried out entirely in accordance with the approved assessment and certification.
Reason: To mitigate the causes of climate change and ensure resilience against the predicted future climate changes.
(03) Construction of the dwelling hereby permitted shall not begin until an 'Interim Certificate' has been submitted to and approved in writing by the Local Planning Authority, certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credits under 'Ene 1 - Dwelling Emission Rate', has been achieved for the dwelling in accordance with the requirements of the Code for Sustainable Homes: Technical Guide 11th November 2010 (Version 3).
Reason: To mitigate the causes of climate change and ensure resilience against the predicted future climate changes.
(04) Prior to the occupation of the dwelling hereby permitted, a Code for Sustainable Homes 'Final Certificate' shall be submitted to and approved in writing by the Local Planning Authority certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credits under 'Ene 1 - Dwelling Emission Rate', has been achieved for the dwelling in accordance with requirements of the Code for Sustainable Homes: Technical Guide 11th November 2010 (Version 3).
Reason: To mitigate the causes of climate change and ensure resilience against the predicted future climate changes.
(05) No development shall commence until samples or trade descriptions of the materials to be used on the external surfaces of the development have been submitted to and approved in writing by the local planning authority. The approved materials shall be used in the development unless the local planning authority gives its written consent to any variation.
Reason: To ensure a satisfactory appearance of the development.
(06) The access shall be laid out and constructed strictly in accordance with the submitted plan before the use hereby permitted is commenced and thereafter shall be retained and kept free from permanent obstruction and used only for access purposes.
Reason: To minimize danger and inconvenience to highway users.
(07) The estate road(s) shall be completed to a base course finish with the surface water drainage system complete and in perfect working order before any work is commenced on the dwellings which it serves.
Reason: In the interests of residential amenity.
(08) The estate road(s) shall be kerbed and the carriageway and footways finally surfaces and lighted before the last dwelling on the estate is occupied or within 2 years of the commencement of the work on the site or such any other period as may be agreed in writing with the local planning authority whichever is the sooner.
Reason: In the interests of residential amenity.
(09) No surface water from within the curtilage of the site to discharge onto the County Highway. The drainage of the highway at the access along the frontage to be carried out to the requirements of the Highway Authority before any work on the remainder of the development is commenced.
Reason: In the interests of amenity.
(10) The car parking accommodation shall be completed in full accordance with the details as submitted before the use hereby permitted is commenced and thereafter retained solely for those purposes.
Reason: To enable vehicles to draw off, park and turn clear of the highway to minimize danger, obstruction and inconvenience to users of the adjoining highway.
(11) No development shall commence until measures are in place to secure the future maintenance of the access and estate road, in accordance with details to be submitted to and approved in writing by the local planning authority.
Reason: in the interests of residential amenity and for the avoidance of doubt. (12) No occupation of the dwellings hereby approved shall take place until two tactile crossing points are provided as indicated on the plan attached to this permission.
Reason: In the interest of pedestrian safety.
(13) No development including site or vegetation clearance shall take place within the bird nesting season (1st March to 31st August) in any year unless the site has been checked by a suitably qualified ecologist and the results of the survey have been submitted to and approved in writing by the local planning authority. The works shall thereafter take place in accordance with any mitigation measures which may be recommended within the ecological report. Reason to safeguard any protected species which may be present on the site.
(14) No development shall take place until the Reasonable Avoidance Measures and recommendations contained within the Chris Hall Ltd and Eryri Ecology report dated 18th September 2011 have been put in place. The development shall thereafter proceed in accordance with those Reasonable Avoidance Measures.
Reason: to safeguard any protected species which may be present on site.
(15) Foul water and surface water discharges must be drained seperately from the site.
Reason: To protect the integrity of the public sewerage system.
(16) No surface water shall be allowed to connect either directly or indirectly to the public sewerage system unless otherwise approved in writing by the local planning authority.
Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment.
(17) Land drainage run-off shall not be permitted to discharge either directly or indirectly into the public sewerage system.
Reason: To prevent hydraulic overload of the public sewerage system and pollution of the environment.
(18) The provisions of Schedule 2, Part 1, Classes A, B and E of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) (or any Order re-voking or re-enacting that Order) are hereby excluded.
Reason: In the interests of residential amenity and to prevent the risk of flooding.
(19) The boundary wall with South Stack Road shall only be reduced in height as shown on drawing number SYL-393 06 Revision C and SYL0393 07 Revision B.
Reason For the avoidance of doubt.
9. Other Relevant Policies
None
10. Other Non-Material Issues Raised
None
Planning Committee: 07/12/2011
Report of Head of Planning Service (EH)
Recommendation:
Permit Reason for Reporting to Committee:
The application has been submitted by the Local Authority.
1. Proposal and Site
The application is for the erection of a new footbridge over the river Braint in Pwllfanogl to create an addition to the Anglesey coastal path.
2. Key Issue(s)
The key issue is the effect on the surrounding area and its contribution to the Council’s aim of providing coastal footpaths.
3. Main Policies
Ynys Mon Local Plan
Policy 30 – Landscape Policy 37 – Public Access Policy 42 - Design
Gwynedd Structure Plan
Policy D4 – Location, Siting, & Design Policy D29 – Design Policy D1 – Areas of Outstanding Natural Beauty Policy CH18 – Recreation and Tourism
Unitary Development Plan
GP2 – Design TO10 – Recreational Routes EN2 – Areas of Outstanding Natural Beauty
4. Response to Consultation and Publicity
Local Member – No response
Community Council – No response
Highways – Recommend traffic management plan that’s includes off site compound for vehicles and materials. These details have been received and are considered to be acceptable. As such a condition is not required to this effect.
Environment Agency – Comments regarding the design of the proposed footbridge and when works can be undertaken.
The proposal was advertised with the posting of a notice on site, the distribution of individual letters of notification to adjacent properties together with an advert in the local press. The closing date for the submission of representations was 11th and 16th November respectively and no letters of representations have been received as a result of the publicity afforded the application.
5. Relevant Planning History
None.
6. Main Planning Considerations
Landscape: The proposed footbridge is predominantly timber with abutments to be masonry construction to match the stonework of Pont Aber Braint. The timber over time will eventually weather and will blend in with the surrounding area. The siting of the proposed footbridge is close to the existing Pont so as to minimise affect on the Area of Outstanding Natural Beauty.
7. Conclusion
It is considered that the proposed development conforms to local policies and will provide a pedestrian link from Llanfairpwll to Pwllfanogl and play an integral part in contributing to the Council’s aim at creating a coastal path.
8. Recommendation
Permit
(01) The development to which this permission relates shall be begun not later than the expiration of five years beginning with the date of this permission.
Reason: To comply with the requirements of the Town and Country Planning Act 1990.
(02) No in-stream works may be carried out during the months of October – April in any year unless agreed in writing with the Local Planning Authority.
Reason: In the interests of wildlife.
(02) The development permitted by this consent shall be carried out strictly in accordance with the plan(s) submitted on the 12.10.11 under planning application reference 21LPA951/CC.
Reason: For the avoidance of doubt.
9. Other Relevant Policies
Supplementary Planning Guidance: Design Guide for the Urban and Rural Environment
10. Other Non-Material Issues Raised
None
Planning Committee: 07/12/2011
Report of Head of Planning Service (JBR)
Recommendation:
Permit.
Reason for Reporting to Committee:
Application by Local Authority.
1. Proposal and Site
The site is the Llanerchymedd County Primary School.
The application involves the formation of a car park together with the erection of a 1.5m high fence.
2. Key Issue(s)
The key issue is whether the proposed car park and fencing is acceptable.
3. Main Policies
Ynys Mon Local Plan
1 – General Policy 26 – Car Parking
Gwynedd Structure Plan
D4 – Siting FF12 – Car Parking
Stopped Unitary Development Plan
GP1 – Development Control Guidance TR10 – Parking Standards
4. Response to Consultation and Publicity
Local Member – No response at time of writing report. Welsh Water – Recommended conditions Community Council – No response at time of writing report. Highways – No recommendation Drainage – Comments
Response to Publicity
None received at time of writing report.
5. Relevant Planning History
25LPA798/CC - Alterations and extension to form a kitchen and classroom at Ysgol Gymuned Llanerchymedd - No objection – 10.3.00
25LPA798A/CC - Erection of a 2.5m high bekaert fence at Ysgol Gynradd Llanerchymedd - Granted – 11.5.05
25LPA798B/CC - Creation of a staff car park on land at Ysgol Gynradd Llanerchymedd - Returned to applicant – 12.5.11
25LPA798C/CC – Siting of a rovacabin at Ysgol Gynradd Llanerchymedd – Granted – 6.7.11
6. Main Planning Considerations
The proposal involves the formation of a staff car park within the school grounds and the erection of a 1.5m high fence to separate the car park from the school yard.
The additional car parking, comprising of an additional 8 parking bays is required due to the lack of parking provision at the school.
The proposed car park and fencing is considered acceptable and it is not considered that the proposed car park and fencing will have an unacceptable effect on the amenities of the area or upon nearby residential properties.
7. Conclusion
The proposal is considered acceptable subject to conditions.
8. Recommendation
Permit.
(01) The development to which this permission relates shall be begun not later than the expiration of five years beginning with the date of this permission.
Reason: To comply with the requirements of the Town and Country Planning Act 1990.
(02) No surface water shall be allowed to connect either directly or indirectly to the public sewerage system unless otherwise approved in writing by the local planning authority.
Reason: To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no detriment to the environment.
(03) Land drainage run-off shall not be permitted to discharge either directly or indirectly into the public sewerage system.
Reason: To prevent hydraulic overload of the public sewerage system and pollution of the environment.
(04) The development permitted by this consent shall be carried out strictly in accordance with the plan(s) submitted on the 6.10.11 under planning application reference 25LPA798D/CC.
Reason: For the avoidance of doubt.
9. Other Relevant Policies
Planning Policy Wales (Edition 4)
Technical Advice Note 18: Transport
10. Other Non-Material Issues Raised
None.
Planning Committee: 07/12/2011
Report of Head of Planning Service (JBR)
Recommendation:
Permit.
Reason for Reporting to Committee:
Application on Council owned land.
1. Proposal and Site
The site is located within the grounds of the former Ysgol y Graig.
The proposal involves the erection of 2, 4m high non-illuminated advertising boards arranged in a ‘V’.
2. Key Issue(s)
The key issue is whether the proposed signs are acceptable in terms of visual amenity and highway safety.
3. Main Policies
Ynys Mon Local Plan
1 – General Policy 22 – Advertisements
Gwynedd Structure Plan
D4 – Location, Siting and Design
Stopped Unitary Development Plan
GP1 – Development Control Guidance SG10 – Advertisements
4. Response to Consultation and Publicity
Local Member – No response at time of writing report. Community Council – No response at time of writing report. Highways – Comments.
Response to Publicity.
None received at time of writing response.
5. Relevant Planning History
34LPA904/CC – Change of use of existing primary school into offices Class B1 and storage of documents B8 at Ysgol y Graig, Llangefni Granted – 18.12.08 34LPA904A/CC – Change of use of part of the former school into a temporary library with access ramp and use of two rooms as classrooms at Ysgol y Graig, Llangefni Granted – 7.6.10
The signs are required in conjunction with the planning permissions listed below:
34C563A/SCR – Screening Opinion for the erection of units for employment use at Industrial Estate, Llangefni. EIA Not Required – 23.7.11
34C563/ECON – Outline application for the erection of units for employment use at Industrial Estate, Llangefni. Granted – 1.11.07
34C563A/ECON – Full application for the erection of 3 industrial units totalling 14,250 sq ft with associated parking and estate roads on land to the rear of former Cunliffe Site, Llangefni. Granted – 13.5.09
6. Main Planning Considerations
Design
The proposed signs measure 1.25m wide and 2.5m high mounted on poles with the signs being a maximum height of 4m.
It is not considered that the proposed non-illuminated advertising board will have an unacceptable impact on the amenity of the area.
Highways
The proposed signs are to be located within the grounds of the former primary school some 10m from the edge of the highway. No part of the signs will encroach onto the public highway and they have been sited so as not to obstruct visibility onto the main road.
It is not considered that the proposed advertising boards will have a detrimental effect upon highway safety.
7. Conclusion
The proposal is considered acceptable.
8. Recommendation
Permit.
(01) Consent is hereby given for a period of 5 YEARS beginning with the date of this consent.
Reason: To ensure that the siting and design of the sign will be satisfactory from an amenity point of view.
(02) The sign shall be sited and erected strictly in accordance with the plan(s) submitted on the 13.10.11 under planning application reference 34C628/AD.
Reason: For the avoidance of doubt.
9. Other Relevant Policies
Planning Policy Wales (Edition 4)
TAN 7: Outdoor Advertisement Control
10. Other Non-Material Issues Raised
None.
Planning Committee: 07/12/2011
Report of Head of Planning Service (JBR)
Recommendation:
Permit.
Reason for Reporting to Committee:
At the request of the Local Member.
1. Proposal and Site
The application site comprises of a field in the village of Carreglefn and is located to the North East of Carreglefn Primary School.
The proposal involves the construction of a horse ménage for private use.
2. Key Issue(s)
The key issue is whether or not the proposed ménage is acceptable in terms of land use and affect on residential amenity.
3. Main Policies
Ynys Mon Local Plan
1 – General Policy 31 – Landscape
Gwynedd Structure Plan
D3 – Landscape Conservation Areas D4 – Location, Siting and Design
Stopped Unitary Development Plan
GP1 – Development Control Guidance EN1 – Landscape Character
4. Response to Consultation and Publicity
Local Member – Request that the application be referred to the Planning Committee for determination due to concerns regarding loss of amenity to nearby properties and increase in the volume of traffic.
Welsh Water – No response at time of writing report.
Community Council – Objection on the grounds of disturbance in the centre of this small village, noise and traffic, rats in proximity to the primary school, access and drainage.
Environment Agency – No response at time of writing report Environmental Health – No observations
HSE – No response at time of writing report.
Drainage – Comments
Response to Publicity
Three letters of objection received. The main points raised are summarised below followed by a brief comment on the planning issues:
- It is understood that the field in question is agricultural land and no notification has previously been given for a change of use of this land to a ‘paddock’ or for the stables which have been erected thereon. - The land already hosts a number of horses, is used for horse riding/preparation and third party livery, presumably on some kind of commercial basis. Concern that these activities and the number of horses will increase if permission is granted. - Concern that the proposal and any increase in the number of horses will lead to nuisance and erosion of privacy. - Damage has been caused to trees and shrubs and stone boundary walls in a neighbouring property by the horses and wire fencing erected by the application is inadequate to prevent this. - Substantial alterations to the site topography has already taken place by way of clearance of the site by earthmoving equipment. These works resulted in the destruction of shrubs and ground cover and also bluebells which are a protected species. Concern that this disregard of environmental regulations and the applicants previous infringements, non-compliance and readiness for local confrontations will result in the boundaries of social acceptability being pushed to the detriment of the village, its residents and property value. - Concern that the proposed ménage will give rise to noise and disturbance, especially in the evenings and weekends to the detriment of the peace and quiet of the village and nearby elderly residents over and above the current levels of activity. - Concern that the proposal will lead to an increase in traffic, particularly large horse transport vehicles, along the single narrow road through the village, near the primary school. - The stable are is not well kept and there have been problems of odours from horse manure and urine and also rats, which pose health risks. Concern that the proposal will result in a deterioration of this situation. - Concern about the suitability of the existing field enclosures which are in a poor state of repair and are crumbling in places with instances of stones falling into the carriageway. Should the existing field enclosure collapse entirely horses could wander into the road and adjoining properties posing a risk to people, property and the horses themselves. - The application does not include for the provision of any means of screening to protect the privacy and amenities of nearby residents. - Concern that if the application is granted that it could lead to an increase in equine activities on a commercial scale which would be unsuitable in a rural village location.
In response to the points raised above:
- The existing stables on the land are subject to an ongoing enforcement investigation. - The land is already used for the keeping and riding of horses, the proposal is for the construction of a ménage on this land for private use only. The Local Planning Authority has no control over the number of horses kept by individuals. There is no evidence that the land is being used for commercial purposes and such a use would require planning permission, any permission granted for the ménage would be subject to a condition that it be for private use only and for no commercial use whatsoever. - This is not a planning issue but a private issue between the parties concerned. - As stated above the existing stable building and other works which have taken place are subject to an ongoing enforcement investigation. - It is not considered that the proposed ménage will increase issues of noise and disturbance given that the land is currently used for the keeping and riding of horses. - The proposal is for the construction of a ménage on land currently used for the keeping and riding of horses, it is not therefore considered that the proposal will lead to an increase in traffic to and from the site. - It is not considered that the proposed ménage will exacerbate any issues which currently existing with regard to odours and pest. This is in any event an issue for the Environmental Health Department. - The condition of existing field enclosures is not relevant to the determination of this application, which is for the construction of a ménage and which must be determined on it own merits. It is ultimately the responsibility of the landowner to ensure that field enclosures are suitable and secure. - It is not considered reasonable to impose conditions requiring screen planting in relation to this application given the existing use of the land. - The application is made for a ménage for private use only and will be subject to conditions to ensure that this is the case. Commercial use of the site would require further planning permission.
5. Relevant Planning History
None. 6. Main Planning Considerations
The proposal is for the construction of a horse ménage measuring 40m x 20m which will be for private use only.
The proposal involves the laying of a suitable all weather surface of silica sand or similar and the erection of a 1m high post and wire fence around the perimeter of the ménage. The area for the proposed ménage is relatively level and only minor ground works will be required to form the ménage.
The land is currently used for the keeping and riding of horses and the application is for the formation of a formal exercise area.
The siting, design, scale and materials of the proposed ménage is considered acceptable subject to condition that they remain for private use only and for no commercial use whatsoever.
It is not considered that the proposed ménage will have an unacceptable effect on the amenities of the area or on nearby residential properties.
7. Conclusion
The proposal is considered acceptable subject to conditions.
8. Recommendation
Permit
(01) The development to which this permission relates shall be begun not later than the expiration of five years beginning with the date of this permission.
Reason: To comply with the requirements of the Town and Country Planning Act 1990.
(02) The development hereby approved shall be for private use only and for no commercial use whatsoever.
Reason: To ensure that the development is in the interests of amenity.
(03) The development hereby approved shall not be illuminated by artificial lighting
Reason: To ensure that the development is in the interests of amenity.
(04) The development permitted by this consent shall be carried out strictly in accordance with the plan(s) submitted on the 6.10.11 under planning application reference 38C270.
Reason: For the avoidance of doubt.
9. Other Relevant Policies
Ynys Mon Local Plan
42 – Design
Gwynedd Structure Plan
D29 – Design
Stopped Unitary Development Plan
GP2 – Design
TAN 12: Design
SPG: Design Guide for the Urban and Rural Environment.
10. Other Non-Material Issues Raised
None.
Planning Committee: 07/12/2011
Report of Head of Planning Service (NJ)
Recommendation:
Refuse Reason for Reporting to Committee:
At the request of the Local Member.
1. Proposal and Site
The application is an outline proposal for the erection of a single dwelling. Details of access, layout and scale are included while the final appearance of the dwelling and the landscaping of the site are reserved for further consideration.
The site is located next to the dwelling known as Artwood which is the last dwelling on exiting the village of Star to the north west. The site comprises an agricultural field enclosure bounded by a stone wall and fence. The land rises on exiting the village and the road sweeps round the plot and remainder of the field enclosure towards Capel Pen-carneddi.
2. Key Issue(s)
The applications key issues are the effects of the proposal on the character of the area and its compliance with Policy 50 of the Ynys Mon Local Plan.
3. Main Policies
Ynys Môn Local Plan
Policy 1 – General Policy Policy 31-Special Landscape Area Policy 42 – Design Policy 48 – Housing Development Criteria Policy 50 – Listed Settlement
Gwynedd Structure Plan
Policy D4 – Location, Siting and Design Policy D29 - Design
Stopped Unitary Development Plan
Policy GP1 – Development Control Guidance Policy GP2 – Design Policy HP4- Villages
Planning Policy Wales (Edition 4)
Technical Advice Note 12 – Design
4. Response to Consultation and Publicity
Local Member – Requested that the application be referred to the Planning and Orders Committee should the recommendation be one of refusal
Community Council –Reply awaited at the time of writing
Dwr Cymru-Welsh Water – Comments as the proposal intends utilising private drainage facilities
Highways – Requested a contribution of £5,000 towards the improvement of the crossing facilities on the A5 and requested that the scheme complies with current parking standards.
Drainage – Foul drainage should be connected to main sewer in accordance with section 12.4.2 of Planning Policy Wales
Environment Agency & Highways – replies awaited at the time of writing
Response to Publicity
The application was afforded two means of publicity. These were by the posting of a site notice near the site and the serving of personal notifications on the occupants of neighbouring properties. The latest date for the receipt of representation was28th November 2011. At the time of writing this report no representations had been received at the department.
5. Relevant Planning History
41C109: Outline application for the erection of a dwelling - Refused 4/9/03
41C109A: Outline application for the erection of a dwelling – Refused 24/11/04
41C109B: Outline application for the erection of a dwelling – Returned to Applicant – 12/8/09
6. Main Planning Considerations
Principle of the Development: Star is a Listed Settlement under Policy 50 of the Ynys Mon Local Plan. The application site is visually removed from the settlement itself, in particular by the bank of trees which separate it from the adjacent dwelling at Artwood. This, together with its elevated position in relation to the rest of the village, exacerbates its separation from the village. A development here would extend the settlement beyond its logical limits creating an extension of ribbon development on this side of the road. The application does not therefore comply with Policy 50 which states that proposals should be clearly within or form a reasonable minor extension to the developed part of the settlement.
External Appearance and Design: Policy 1, 42 and 48 of the Ynys Mon Local Plan, Policies D4 and D29 of the Gwynedd Structure Plan and paragraphs 9.3.2 and 9.3.3 of Planning Policy Wales give advice on the siting and design of new development proposals. It is not considered that the proposal accords with the aforementioned planning policies because a new dwelling in this location would constitute an extension of development outside the logical development limits of Star which would have an unacceptable effect on the landscape and which would set a precedent for other similar developments.
Effect on the Special Landscape Area: Policy 31 of the Ynys Mon Local Plan, Policy D3 of the Gwynedd Structure Plan, and paragraphs 5.3.5 and 5.3.6 of Planning Policy Wales (March 2002) all seek to protect the designated landscape from inappropriate developments.. It is considered that the proposal would thus have an unacceptable effect on the amenities and character of the area of this landscape designation.
Affect on Highway Safety: The site is located near a bend in the road and on an incline leading out of the village. Visibility to the right on exiting the plot is limited. The junction of the minor road with the main road through the village of Star has restricted visibility. Nevertheless, a new dwelling has recently been completed opposite Artwood which uses this road network. The reply of the Highway Authority was awaited at the time of writing but no objection was raised to a previous application subject to suitable conditions.
Technical Details –The proposal indicates that a septic tank is to be utilised for foul drainage although a public sewer is located in the highway near the dwelling. In accordance with national planning policy advice, proposals should connect into the public sewerage system where that is available. The agent has been informed but no reply had been received at the time of writing.
7. Conclusion
The proposal is not considered to accord with Policy 50 of the Ynys Mon Local Plan.
8. Recommendation
Refuse
(01) The proposal would constitute development which would result in an intrusive incongruous feature in the landscape, extending the settlement of Star beyond its logical limits to the substantial detriment of the character and amenities of the area which is designated a Special Landscape Area. This would be contrary to the provisions of policies 1, 31, 42 and 50 of the Ynys Mon Local Plan and policies A3, D3 and D29 of the Gwynedd Structure Plan together with the advice contained within Planning Policy Wales (Edition 4).
9. Other Relevant Policies
None
10. Other Non-Material Issues Raised
None