Penderfyniad ar yr Apêl Appeal Decision Ymweliad â safle a wnaed ar 08/09/20 Site visit made on 08/09/20 gan C MacFarlane, BSc (Hons) MSc by C MacFarlane, BSc (Hons) MSc MRTPI MRTPI Arolygydd a benodir gan Weinidogion Cymru an Inspector appointed by the Welsh Ministers Dyddiad: 20th October 2020 Date: 20th October 2020

Appeal Ref: APP/L6805/A/20/3255282 Site address: Industrial Units at Cefn Uchaf, Rhostrehwfa, Llangefni, LL77 7AQ The Welsh Ministers have transferred the authority to decide this appeal to me as the appointed Inspector. • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission under section 73 of the Town and Country Planning Act 1990 for the development of land without complying with conditions subject to which a previous planning permission was granted. • The appeal is made by Mr Geraint Williams against the decision of Isle of Anglesey County Council. • The application Ref: VAR/2019/76 dated 12 November 2019, was refused by notice dated 6 January 2020. • The application sought planning permission for change of use of part of the agricultural building into 4 no. industrial units without complying with a condition attached to planning permission Ref: 36C193N/VAR, dated 5 March 2018. • The condition in dispute is No. 11 which states that: The premises shall only operate between 07:00hrs and 19:00hrs Monday to Friday and 07:00hrs and 13:00hrs on Saturday, unless otherwise agreed in writing with the local planning authority. The premises shall not operate at any time on Sundays or Bank Holidays. • The reason given for the condition is: For the avoidance of doubt and in the interests of amenity.

Decision

1. The appeal is allowed and planning permission is granted for change of use of part of the agricultural building into 4 no. industrial units at Industrial Units at Cefn Uchaf, Rhostrehwfa, Llangefni, LL77 7AQ in accordance with the application Ref: VAR/2019/76 dated 12 November 2019, without compliance with condition number 11 previously imposed on planning permission Ref: 36C193N/VAR dated 5 March 2018 and subject to the conditions in the attached schedule.

Preliminary Matter

2. Planning permission was granted in 2010 for ‘change of use of part of the agricultural building into 4 no. industrial units’, subject to conditions. A subsequent permission was granted in 2018 for the development with the removal of a condition restricting retailing at the premises. This appeal seeks to vary condition no. 11 of the 2018 permission which restricts operating hours to between 0700hrs and 1900 hrs Monday to Friday, 07:00hrs and 13:00hrs on Saturday and at no time on Sundays or Public Holidays.

Appeal Decision APP/L6805/A/20/3255282

Main Issue

3. The main issue is the effect that varying the disputed condition would have on the living conditions of neighbouring occupiers, with regard to noise.

Reasons

4. The appeal property is an industrial building of modern construction, which consists of 4 individual units. The site is located on the edge of the settlement of Rhostrehwfa, adjoining a self-storage business. There is a car park immediately to the north, and several dwellings and the Tafarn y Rhos pub and car park to the east, which are separated from the site by the adjacent highway. At the time of my visit, a vehicle repair business was operating from one unit, with no obvious activity occurring at the remaining units.

5. The proposal would extend the existing operating hours to 08:00hrs-21:00hrs Monday to Friday, and 08:00hrs-18:00hrs on Saturdays, Sundays and Public Holidays. The submitted Noise Assessment (NA) focuses on the vehicle repair business and concludes that the extended operating hours would have a low additional impact on the closest residential receptors, subject to all activities being carried out inside the building and all openings being kept closed. The NA also identifies the existing noise environment as being influenced by the proximity of the pub and associated car park, the car park to the north of the site and traffic noise from the nearby A5 and A55 roads. The NA is not substantively disputed by the Council.

6. Noise generated at the appeal site is currently characterised by impulsive sounds from power tools and other equipment. Representations from the Council’s Environmental Health section and nearby residents also point to a history of noise complaints in relation to the site. Given the proximity of the closest dwellings to the site, the varying occurrence of different sounds, and sudden noise created by these activities, especially if extended into the evening and on weekends, would be likely to cause disturbance to nearby residents during times when they would have a reasonable expectation of a quieter environment.

7. Nonetheless, the existing planning permission restricts the use of the units to B1, this being a use that can be undertaken in a residential area without detriment to the amenity of that area by reason of a number of factors including noise, vibration and fumes. Notwithstanding that vehicle repairs can involve mechanical processes using noise emitting machinery and power tools, my decision is based on the permitted B1 use of the units which controls the type of industrial processes that can take place. Varying the disputed condition would not change the nature of the uses that can be carried out at the site or result in the premises being open very late at night. The proposed opening hours would also largely consist with the existing businesses nearby. I therefore consider that the impacts of the additional opening hours on residential amenity would be acceptable. Whilst I note that the appellant is willing to accept a condition requiring closure of all openings during the extended hours, in the above circumstances, such a condition would not be necessary. Furthermore, the planning permission also contains a condition requiring certain processes to be carried out inside. In combination with the permitted B1 use of the site, a condition to control the level of noise from the site is also not necessary.

8. With regard to disturbance generated by vehicles travelling to and from the site, limited information has been provided in respect of the additional movements that may be expected during the extended hours. Given the existing noise environment is influenced by traffic noise from the nearby A5 and A55, and vehicle movements

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associated with the adjoining commercial business, car parks and pub, which are in close proximity to the site and neighbouring dwellings, any additional vehicle noise generated by the proposal would have a minimal effect on the acoustic character of the area.

9. I therefore conclude that varying the disputed condition would not cause significant harm to the living conditions of the occupiers of nearby properties, with regard to noise, and would comply with Policy PCYFF 2 of the Anglesey and Gwynedd Joint Local Development Plan 2011-2026 which, amongst other things, seeks to prevent development that would have an unacceptable adverse impact on the amenity of occupiers of local residents due to increased activity, disturbance and noise.

Other Matters

10. Concerns have been raised by local residents with regard to light and smoke emissions, and highway safety. However, no substantive evidence has been submitted in these respects and the Council’s Environmental Health section and the Highway Authority have raised no objection to the proposal on these grounds. Due to the restriction on operating hours which would prevent activities occurring during the night, the B1 use of the site and the limited amount of additional vehicle movements anticipated, the proposal would not result in significant harm in these respects.

11. The proposal relates to a site with an existing lawful industrial use and therefore its suitability for commercial use, and location outside of the Llangefni development boundary, are not matters which form part of the appeal before me. Similarly, alleged breaches of planning permission are outside my jurisdiction in determining this appeal and have not influenced my decision. I note the Council’s concerns regarding precedent; however, each application and appeal must be determined on its individual merits and a generalised concern of this nature does not justify withholding permission in this case.

12. In reaching my decision, I have considered the duty to improve the economic, social, environmental and cultural well-being of Wales, in accordance with the sustainable development principle, under section 3 of the Well-Being of Future Generations (Wales) Act 2015 (WBFG Act). I have taken into account the ways of working set out at section 5 of the WBFG Act and consider that this decision is in accordance with the sustainable development principle through its contribution towards one or more of the Welsh Ministers well-being objectives, as required by section 8 of the WBFG Act.

Conditions

13. A list of suggested conditions has been provided by the Council, which I have considered against the guidance in Circular 016/2014 ‘The Use of Planning Conditions for Development Management’ and have accordingly made minor amendments to their wording for the purposes of clarification and consistency. As I have no information before me regarding the status of the conditions as imposed on the previous planning permissions, I have imposed all those that I consider remain relevant. In the event that some have been discharged, this is a matter which can be addressed by the parties. The original development has already commenced, therefore the suggested conditions relating to the time limit for commencement and approved plans are not necessary.

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Conclusion

14. For the reasons given above, the appeal is allowed.

Claire MacFarlane

INSPECTOR

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Schedule of conditions 1) The use hereby permitted shall not commence until the car parking area has been completed and made available for use. The car parking and turning area shall thereafter be retained for those uses and kept free from obstruction. 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 (LDP Policy PCYFF 2). 2) The access shall be laid out and constructed in accordance with the approved plans 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 minimise danger and inconvenience to highway users (LDP Policy PCYFF 2). 3) The access shall be completed with a bitumen surface for the first 5 metres from the nearside edge of the County Highway, with the surface water drainage system completed and in working order before the use hereby permitted is commenced. Reason: To minimise danger and inconvenience to highway users (LDP Policy PCYFF 2). 4) The highway boundary wall/hedge/fence or any new boundary erected fronting the highway shall at no time be higher than 1 metre above the level of the adjoining county road carriageway along the whole length of the site’s boundary with the adjoining highway and nothing exceeding this height erected within 2 metres of the said wall. Reason: To provide adequate inter visibility between the access and the existing public highway for the safety and convenience of users of the highway and of the access (LDP Policy PCYFF 2). 5) Foul water and surface water discharges must be drained separately from the site. Reason: To protect the integrity of the public sewerage system (LDP Policy PCYFF 2). 6) 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 (LDP Policy PCYFF 2). 7) 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 (LDP Policy PCYFF 2). 8) Full details of all fencing, walling or other means of enclosure or demarcation shall be submitted to and approved in writing by the local planning authority before any work on the site is commenced, unless otherwise agreed in writing with the local planning authority. Such works shall be erected following

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completion of the building(s) or the completion of the development, whichever is the sooner. Reason: To safeguard the character and appearance of the area (LDP Policy PCYFF 2). 9) All materials, equipment and goods shall be located within the building and no part of the curtilage of the site shall be used for open air storage. Reason: To safeguard the character and appearance of the area (LDP Policy PCYFF 2). 10) The premises shall only operate between 08:00hrs and 21:00hrs Monday to Friday, 08:00hrs and 18:00hrs on Saturday, and 08:00hrs and 18:00hrs on Sundays and Public Holidays. Reason: To safeguard the amenities of occupants of the surrounding properties (LDP Policy PCYFF 2). 11) All repairs, servicing, maintenance and fabrication and assembly works shall take place within the building and shall not take place in the open air. Reason: To safeguard the amenities of occupants of the surrounding properties (LDP Policy PCYFF 2). 12) The retail area is restricted to 7.4 square metres as approved under planning permission Ref: 36C193N/VAR and all goods sold shall be on a ‘wholesale’ or ‘ancillary’ basis only. Reason: To ensure that inappropriate uses do not take place (LDP Policy PCYFF 2). 13) The industrial unit hereby approved shall only be divided as shown on the approved plan 1469:08:05 for uses included within Class B1 of the Town and Country Planning (Use Classes) Order 1987 (or any Order revoking, re-enacting or modifying that Order) and shall not be sub-divided into a number of smaller units or amalgamated into larger units and no further structural alterations shall take place without the express grant of planning permission. Reason: To ensure that inappropriate uses do not take place (LDP Policy PCYFF 2). 14) No lighting system shall be installed on the site or attached to the building until full details of that lighting scheme has been submitted to and approved in writing by the local planning authority. The said scheme shall include details of all lighting (and associated structures) to be installed and shall comply with guidelines of the Institution of Lighting Engineers ‘Reduction of Light Pollution (2nd Revision) (or any subsequent editions or revisions), and shall include: • Full specifications (with drawings) including heights, position, luminaire/lamp type, beam control, wattage, reflectors, baffles, louvres, cowling and predicted lux contours/distribution diagrams of the installation (‘the installation’); • Hours and/or frequency of usage (including any reduced energy consumption periods); and • A lighting statement by a qualified engineer/consultant identifying lighting impacts from sensitive receptors and the highway, justification of the installation and any mitigation measures.

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There shall be no changes whatsoever to the approved specification of the installation unless agreed in writing with the local planning authority. Reason: In the interests of residential and visual amenity (LDP Policy PCYFF 2). 15) No development shall take place until measures for the prevention of noise nuisance to residential properties emanating from the use of the site have been submitted to and approved in writing by the local planning authority. The development shall proceed and be thereafter maintained in accordance with the agreed scheme. Reason: To protect the amenities of nearby residential occupiers (LDP Policy PCYFF 2).

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