Planning and Access Committee

R H Y B U D D O G YFARFOD / N O T I C E O F M EETING

Awdurdod Parc Cenedlaethol Eryri Snowdonia National Park Authority

Emyr Williams Emyr Williams Prif Weithredwr Chief Executive Awdurdod Parc Cenedlaethol Eryri Snowdonia National Park Authority Penrhyndeudraeth Penrhyndeudraeth Gwynedd LL48 6LF Gwynedd LL48 6LF Ffôn/Phone (01766) 770274 Ffacs/Fax (01766)771211 E.bost/E.mail : [email protected] Gwefan/Website: : www.eryri.llyw.cymru

Cyfarfod : Pwyllgor Cynllunio a Mynediad

Dyddiad: Dydd Mercher 6 Mawrth 2019

Amser 10.00 y.b.

Man Cyfarfod: Plas Tan y Bwlch, Maentwrog.

Meeting: Planning and Access Committee

Date: Wednesday 6 March 2019

Time: 10.00 a.m.

Location: Plas Tan y Bwlch, Maentwrog.

Aelodau wedi’u penodi gan Gyngor Gwynedd Members appointed by Gwynedd Council Y Cynghorydd / Councillor : Freya Hannah Bentham, Elwyn Edwards, Alwyn Gruffydd, Annwen Hughes, Judith Mary Humphreys, Edgar Wyn Owen, Elfed Powell Roberts, John Pughe Roberts, Gethin Glyn Williams;

Aelodau wedi’u penodi gan Gyngor Bwrdeistref Sirol Conwy Members appointed by Conwy County Borough Council Y Cynghorwyr / Councillors : Philip Capper, Wyn Ellis-Jones, Ifor Glyn Lloyd;

Aelodau wedi’u penodi gan Llywodraeth Cymru Members appointed by The Welsh Government Mr. Brian Angell, Ms. Tracey Evans, Mrs. Elinor Gwynn, Mr. Neil Martinson, Mr. Ceri Stradling, Mr Owain Wyn.

A G E N D A

1. Apologies for absence and Chairman’s Announcements To receive any apologies for absence and Chairman’s announcements.

2. Declaration of Interest To receive any declaration of interest by any members or officers in respect of any item of business.

3. Minutes The Chairman shall propose that the minutes of the meeting of this Committee held on 23 January 2019 be signed as a true record (copy herewith) and to receive matters arising, for information.

4. Reports by the Director of Planning and Land Management To submit the reports by the Director of Planning and Land Management on applications received. (Copies herewith)

5. Update Reports To submit update reports, for information. (Copies herewith)

6. Delegated Decisions To submit the list of applications which have been determined in accordance with delegated authority, for information. (Copy herewith)

7. Planning Appeal To submit an oral report by the Director of Planning and Land Management on the Inspector’s decision to dismiss an appeal by Mr. Andrew Speers against the Authority’s decision to refuse planning permission for the change of use from C1 to C3 (Dwelling) at 1 Ty Bodfor, Rhes Bodfor, Aberydyfi. LL35 0EA (A copy of the Inspector’s decision is enclosed - Copy herewith)

ITEM NO. 3

SNOWDONIA NATIONAL PARK PLANNING AND ACCESS COMMITTEE WEDNESDAY 23rd JANUARY 2019

Councillor Elwyn Edwards (Gwynedd) (Chairman) PRESENT:

Members appointed by Gwynedd Council Councillors Freya Bentham, Alwyn Gruffydd, Annwen Hughes, Edgar Wyn Owen, Elfed Powell Roberts, Gethin Glyn Williams;

Members appointed by Conwy County Borough Council Councillors Ifor Glyn Lloyd, Wyn Ellis-Jones;

Members appointed by the Welsh Government Mr. Brian Angell, Ms. Tracey Evans, Mr. Ceri Stradling, Mr. Owain Wyn;

Officers Mr. G. Iwan Jones, Mr. Jonathan Cawley, Mr. Aled Lloyd, Ms. Sara Thomas, Mrs. I. Roberts, Mrs. Anwen Gaffey, Mrs. Gwen Aeron.

Apologies Councillors Philip Capper, Judith Humphreys, John Pughe Roberts; Ms. Elinor Gwynn, Mr. Neil Martinson.

1. Chairman’s Announcements – Judicial Review The Director of Planning and Land Management advised that the Authority was now subject to a Judicial Review following an application by a landowner to review the decision taken by the Planning and Access Committee for construction of the new access road at Llanbedr. The Director of Planning and Land Management confirmed that a detailed report would be presented to the Planning and Access Committee in due course.

2. Declaration of Interest No declarations of Personal Interests were made in respect of any item.

3. Minutes Subject to correcting the following:- - Minutes (Item 3) – the single static caravan was sited on land known as Tan y Bryn, Glandwr, ‘Barmouth’ not Harlech, and - Schedule of Planning Decisions (Item 4(1) NP4/29/482) should read “transmitter” rather than “radio station” the minutes of the Planning and Access Committee meeting held on the 5th December 2018 were accepted and the Chairman signed them as a true record.

Arising thereon, Item 4 (2) – Proposed erection of 2,700 square metre (135m x 20m x 7.03m) 32,000 bird poultry unit for the production of eggs, improvements to access track and associated ground works, Castell Mawr Farm, Llanegryn. The Head of Development Management and Compliance advised that, following assessment of the Committee’s decision against revised Planning Policy Wales, 1

Edition 10, along with a need to present the ecologist’s comments in full, he considered that it raised new material information sufficient for the application to be re-submitted to the Planning and Access Committee meeting on the 6th March for further consideration by the Committee.

4. Inspection Panel Report Submitted – The report of the Northern Area Inspection Panel held on 19th December, 2018.

NP4/29/482 Erection of 25m high lattice telecommunications mast supporting 3 No. antennas and 2 No. 0.6m dish antennas together with 3 No. ground based equipment cabinets, generator, satellite dish and ancillary development enclosed within secure compound, land at Moel Llechwedd Hafod, Cwm Penmachno.

Arising thereon, Members were asked to note that the Authority Chairman had visited the site independently, as he had been unable to attend the inspection panel.

RESOLVED to defer consideration on applicants’ request.

5. Report by the Director of Planning and Land Management Submitted – Report by the Director of Planning and Land Management on planning applications and compliance matters.

Please see the Schedule of Planning Decisions attached.

6. Update Reports Submitted – Update reports by the Director of Planning and Land Management on planning applications and compliance matters.

Please see the Schedule of Planning Decisions attached.

7. Appointment of a Casual Vacancy on the Northern Snowdonia Local Access Forum Submitted – A joint report by the Access Officer and the Local Access Forums’ Secretary seeking approval to appoint a casual member to the Northern Snowdonia Local Access Forum.

Reported – The Director of Land Management presented the report and advised that the proposed candidate represented the recreation and access sector.

RESOLVED to note the report and approve the appointment of Mr. David Firth to the Northern Snowdonia Local Access Forum.

8. Access Forums Report Submitted – A report by the Access Officer to provide a summary of discussions and issues raised at the Northern and Southern Snowdonia Access Forum meetings during December 2018.

RESOLVED to note the report, for information.

9. Delegated Decisions Submitted and Received – List of applications determined in accordance with delegated authority.

Arising thereon, Officers agreed to include an extra column for officers to include the reason why applications were being refused.

RESOLVED to note the report.

The meeting ended at 10.50

3 ITEM 3.1

SCHEDULE OF PLANNING DECISIONS – 23rd JANUARY 2019

Item No.

5. Report by the Director of Planning and Land Management (1) NP5/50/L450B – Alterations to existing dwelling and extensions at ground and lower ground level, construction of new external patio area including alterations to existing retaining wall, construction of garage and engineering works to create additional parking areas (revised scheme), Froneithyn, Aberdyfi. Reported – 3 letters of concern from neighbours reported. Community Council objections reported. Discussion at committee as to whether an extension to a dwelling that was equal to the size of the original dwelling was a potential departure from Policy 15. RESOLVED to grant permission in accordance with recommendation.

6. Update Reports (1) List of Compliance Cases – For Information Arising thereon, NP5/61/ENF23P – Untidy condition of building, St Davids Hotel Harlech The Director of Planning and Land Management advised that construction work had commenced on the bat barn. RESOLVED to note the report.

(2) Planning, Enforcement Notices and Certificates of Lawful Use Appeals submitted and awaiting decision – For Information RESOLVED to note the report.

(3) Section 106 Agreements – For Information Arising thereon, NP5/61/LB32J – Change of use of part of ground floor restaurant to dwelling Case Officer to contact Agent to seek withdrawal of the application. RESOLVED to note the report.

(4) Outstanding Applications where more than 13 weeks have elapsed – For Information Arising thereon, NP5/50/415D – Ty Bach, Aberdyfi Case Officer advised that the application will be submitted to the next meeting of the Planning and Access Committee. RESOLVED to note the report.

4 ITEM 4.0 Rhif Eitem Cyfeirnod / Disgrifiad / Description. Swyddog Achos / / Item No. Reference No. Case Officer 1 NP5/69/16C Codi uned 2,700 medr sgwar (135m x Mr Richard Thomas 20m x 7.03m) i 32,000 o ieir i gynhyrchu wyau, gwelliannau i’r trac mynedfa a gwaith daear cysylltiol, Fferm Castell Mawr, Llanegryn / Proposed erection of 2,700 square metre (135m x 20m x 7.03m) 32,000 bird poultry unit for the production of eggs, improvements to access track and associated ground works, Castell Mawr Farm, Llanegryn.

2 NP4/11/247L Newid defnydd yn rhannol i ddarparu Mrs Sara D. Thomas gwasanaeth tacluso cŵn, Uned D, Stablau'r Royal Oak, Betws y Coed / Part change of use of unit to provide dog grooming service, Unit D, Royal Oak Stables, Betws y Coed.

3 NP4/26/271B Newid defnydd adeilad amaethyddol Mr Richard Thomas yn uned rhostio coffi, Hafod-y- Geunan, Nebo, Llanrwst / Change of use of agricultural building into a coffee roasting unit, Hafod-y-Geunan, Nebo, Llanrwst.

4 NP5/50/415D Addasiadau ac estyniad deulawr i gyn Mrs Iona Roberts toiledau cyhoeddus i greu tŷ, Ty Bach, Aberdyfi / Alterations and two storey extension to former public toilets to create a dwelling, Ty Bach, Aberdyfi.

5 NP5/57/946C Codi 5 ty yn cynnwys 3 ty teras a 2 dy Mrs Iona Roberts par gyda mynedfa cerbydau/cerddwyr newydd, ffordd a gwaith tirlunio cysylltiedig (Ail-gyflwyniad), Safle ger Llety'r Bugail, Pencefn, Dolgellau / Erection of 5 dwellings comprising 3 terraced dwellings, and 2 semi- detached with new vehicle/pedestrian access, and associated road and landscaping (Re-submission), Site near Llety'r Bugail, Pencefn, Dolgellau.

6 NP5/57/1152 Newid defnydd yr ail a trydydd llawr Mrs Iona Roberts yn ddau dŷ aml-feddiannaeth, 4 Frondirion, Dolgellau / Change of use of second and third floors into two houses of multi-occupation, 4 Frondirion, Dolgellau, 4 Frondirion, Dolgellau. 5

7 NP5/70/9L Codi garej ar wahân, Tir gyferbyn a Mrs Sara D. Thomas Plas Gywair, Llangywair / Erection of detached garage, Land adjoining Plas Gywair, Llangywair.

8 NP71/AD38A Gosod 5 panel gwybodaeth, Caer Mrs Iona Roberts Gai, Llanuwchllyn / Installation of 5 information panels, Caer Gai, Llanuwchllyn.

6 ITEM 4.1

Snowdonia National Park Authority Date: 06/03/2019 – Planning & Access Committee

Application Number: NP5/69/16C Date Application Registered: 25/04/18

Community: Llangelynin Grid Reference: 258116.4 304903.4

Case Officer: Mr Richard Thomas Location: Castell Mawr Farm, Llanegryn.

Applicant: Description: G. & J. Pugh Proposed erection of 2,700 square metre Tyn y Pwll (135m x 20m x 7.03m) 32,000 bird poultry Llanegryn unit for the production of eggs, Tywyn improvements to access track and Gwynedd associated ground works. LL36 9SA

Site: Land at Castell Mawr Farm, Llanegryn

Proposal: Proposed erection of 2,700 square metre (135m x 20m x 7.03m) 32,000 poultry unit for the production of eggs, improvements to access track and associated groundworks.

Designations: PRoW (bridleway) borders the site to the north Scheduled Ancient Monument within 50 metres SSSI in close proximity (1.7km) SAC in close proximity (1.8km)

Reason(s) Application Reported to Committee Public interest

Consultee Responses: Community Council Llangelynnin No comments received Gwynedd Highways No objections conditions suggested Natural Resources Wales Significant concerns, subject to meeting 2 requirements (refer to report below for details) Dwr Cymru No objections, advisory notes provided Public Protection Service Concerns raised

Cadw No objection subject to mitigation Gwynedd Archaeological Service No objection subject to conditions SNPA Ecologist Part objection/concerns SNPA Head of Agriculture No objections

Publicity Undertaken: Site Notice: Yes Press Notice: Yes Neighbour Letters: Yes

Planning History: No relevant planning history

Relevant Planning Policies: Eryri Local Development Plan 2016-2031

Policy No Policy Strategic Policy A National Park Purposes and Sustainable Development Strategic Policy B Major Development Strategic Policy C Spatial Development Strategy Development Policy 1 General Development Principles Strategic Policy D Natural Environment Development policy 2 Development and the Landscape Strategic Policy Ff Historic Environment Strategic Policy H Sustainable Rural Economy Development policy 20 Agricultural Diversification

National Policies Policy Planning Policy Wales (Edition 10) Technical Advice Note 5 Nature Conservation and Planning Technical Advice Note 6 Planning for a Sustainable Rural Communities

1. Purpose of this Report

1.1 To review the decision reached at the Planning and Access Committee of 5th December 2018 in the light of planning Policy Wales edition 10 published on the same day.

1.2 In addition, to bring to the committee Members attention information regarding ecological issues that should have been included in the report presented to the December committee.

2. Background

2.1 This application was first reported to Planning Committee on 17th October 2018, with an officer recommendation for a Site Inspection Panel to be conducted in advance of a more detailed report and conclusion of consultations. A more detailed report was delayed as additional information was requested from the applicant on outstanding

issues which require resolution prior to a fully informed decision can be made.

2.2 These outstanding issues included:

 Further clarification of management of manure,  Further details on landscaping around the proposed building and at the access point to the highway and general enhancements  Detailed report on air quality implications  Possible amendments to scheme arising from Gwynedd Council Public Protection comments to reduce noise and dust implications

2.3 Following a site inspection panel on the 24th October, a final report was submitted to the 5th December planning committee with a recommendation to approve (the October and December committee reports were to be read together).

2.4 The Planning Committee was minded to grant conditional planning permission.

2.5 However, it is incumbent on the Authority to review the recommendation and resolution to grant conditional planning permission in the light of three issues:

2.6 Firstly, Planning Policy Wales (PPW) edition 10 which was published by the Welsh Government on the day of the Planning and Access Committee of 5th December 2018. The Director of Planning and Land Management notified committee that a review of PPW edition 10 would have been necessary before releasing any decision notice. Officers subsequently concluded issues raised in PPW edition 10 needed to be assessed further and these have been included in this report.

2.7 In addition to the above and following the committee, it was recognised that certain information regarding some ecological issues should have been included in the report presented to committee. Therefore, this report uses the previously presented information in October and December Committee, along with the missing information that has now been included.

2.8 Thirdly the Eryri Local Development Plan (2016-2031) has now been fully adopted since the last committee.

2.9 The site subject to this application lies in open countryside on elevated land approximately 1 mile to the west of the village of Llanegryn and 2.5 miles to the north of Tywyn.

2.10 The site and surrounding agricultural land is undulating, currently laid to grass and utilised for livestock grazing. It currently has some limited and sporadic vegetation on its boundaries. Access to the site is gained by a field access and track directly onto a narrow local road and then onto the A493.

2.11 There are a number of private residential properties in close proximity with the nearest being Castell Mawr at 85m to the north west of the nearest point of the proposed shed. The next nearest falls at just over 300m to the north east, 360m to the west, 470m to the east and 700m to the south. The nearest point of the village of Llanegryn and Llanegryn School is just over 1.5km to the east. At a distance of 50m to the south west is the scheduled ancient monument of Castell Mawr hill fort. A public right of way (bridleway) runs in very close proximity to the proposed shed at a distance of 30m at its closes point.

2.12 This is a full application for the erection of a free-range poultry unit and associated works. The works would include the erection of a shed, improved access track, parking and turning space, associated landscaping and four silos/feed bins. The proposed shed would measure 135m long, 20m wide with a height to the ridge of 6.19m and a floor surface area of 2,700 sqm accommodating 32,000 egg-laying hens. The hens will be free range, returning to the shed to lay and will have access to 40 acres of adjoining land.

2.13 The proposed shed is topped with 10 ridge mounted ventilation fans giving an overall height of 7.03m. The walls and roof of the proposed building is shown to be finished in coloured profile steel cladding above a small concrete plinth. A 7m concrete access apron is shown around the entire building with a parking and turning area at one end of the building.

2.14 As the application site currently rises in a south westerly direction there will be a requirement to level the land off through excavating the south westerly end by approximately 3m and raising the north easterly end by approximately 2.5m.

2.15 In order to reduce its visual impact a scheme of landscaping is proposed which would retain all the existing boundary trees and vegetation and introduce additional trees and hedgerow around the whole application site, reseed embankments and introduce a ‘cluster’ of trees to reduce the visual impact from the scheduled ancient monument to the south west.

2.16 The poultry unit will be a part of the existing activities of the agricultural holding which covers 160 acres of land. Currently the farm has approximately 2000 egg laying chickens, 500 head of sheep and rears 100 calves through the winter.

2.17 The applicant has stated that the farm holding currently has one full time worker with 2 sons helping as much as they can during nights and weekends. It is stated that this proposal will enable one of the sons to become full time on the farm, including retaining the father full time on the farm and create 2 additional part time jobs.

2.18 The proposed building will house the hens along with a service area and egg storage section. No other associated buildings are proposed. Feed for the birds is shown to be stored in 4 external steel hoppers immediately adjoining the building each with an overall height of 6.5m which automatically convey feed into the building. The feed will be delivered to the unit by six or eight wheeler HGV’s 2 or 3 times a month. Eggs will be collected approximately once every 3 days.

2.19 The unit will utilise a two-tier system which will allow hens to perch on two tier perches which allow droppings to fall to the floor onto a conveyor belt which would be run every 3 to 4 days. This will allow the droppings to be disposed of from the building to a manure spreader parked outside or to a covered trailer to transport the manure to a covered manure store elsewhere on the farm holding.

2.20 The applicant has stated in their Design and Access Statement that the manure produced will be a relatively dry product of a friable nature which can be readily stored where weather conditions do not allow for spreading immediately. It is stated that all of the muck will be utilised on family farmland and will be stored in the existing manure store. Dependant on the time of year the manure is removed from the building it would be spread directly on the grassland in accordance with good agricultural practice for soil, water and air in accordance with the control of pollution, slurry and agricultural fuel regulations in line with the farm’s manure management plan.

2.21 After a period of 14 months, the unit will be washed and cleaned and a new flock will be introduced to the unit.

2.22 As part of the application a Design and Access Statement, a Method Statement incorporating Pollution Prevention, a Plant Noise Assessment and a Manure Management Plan were submitted. In addition an assessment of the likely impacts on the SAM has been submitted in line with methodology outlined in the Welsh Government’s Setting of Historic Assets (Cadw, 2017). An Air Quality Assessment and a report Ammonia dispersal modelling have also been undertaken.

2.23 It was also confirmed that the applicant had undertaken a pre application consultation in accordance with Article 1 of the Town and Country Planning Act (Development Control Procedure)(Wales)(Amendment) 2016, and an information pack regarding the pre-application consultation associated with this application has been included.

2.24 The application has been screened by this Authority in accordance with the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017. It was positively screened by the Local Planning Authority who considered significant environmental effects to be likely, and therefore this development would require an Environmental Impact Assessment (EIA). However, this was challenged by the applicant and following referral to the Welsh Government it was negatively screened – and confirmed that an Environmental Impact Assessment was not required in relation to this development. In addition the Welsh Government confirmed that this proposed development is not major development of more than local importance.

2.25 In view of the possible hydrological pathways from this development to the Pen Llyn a'r Sarnau SAC, this Authority's ecologists have undertaken a screening and stage 2 (appropriate assessment) Habitats Regulations Assessment (HRA) of the proposals. NRW have been consulted on the stage 2 assessment and have agreed with the conclusions.

3. Consultations

Statutory Consultees

3.1 Community Council – no views expressed.

3.2 Gwynedd Highways – No objections subject to conditions

3.3 Gwynedd Council Public Protection – Concerns over loss of residential amenity to neighbouring properties in terms of the level of dust, smells and noise nuisance have been raised but in particular to dust and smells.

3.4 Dwr Cymru – No objections

3.5 Cadw – Cadw have confirmed that the Impact Assessment produced by Trysor dated April 2018 is comprehensive in terms of assessing the visual impact of the proposals on the setting of the scheduled monument and follows the methodology recommended by the Welsh Government’s Managing Setting of Heritage Assets (2017) Guidance.

3.6 Based on the conclusions of this assessment Cadw have not objected provided that the mitigation to ensure an appropriate finished colour of the building and planting to screen the southern elevation of the building..

3.7 Natural Resources Wales – have made the following comments on a range of topics:

 Landscape impact - no objections, provided that a landscaping scheme is submitted and agreed in order to minimise visual intrusion.

 NRW have confirmed that they have reviewed the detailed Modelling Report (AS Modelling & Data Ltd, 2018) submitted in support of the application and have drawn the following conclusions on the likely impact of the proposed unit on both the Broadwater SSSI and Glannau Tonfanau i Friog SSSI:

o In terms of ammonia the process contributions from the unit is below the thresholds for potential impacts on protected sites.

o In terms of nitrogen deposition NRW have commented that the process contribution would be slightly in excess of the lower threshold of 8.0 kg-N/ha/y. However, it is added, that 8.0 kg-N/ha/y is the lower bound of the range for acid dune grassland and also that it is unlikely that this habitat occurs at the parts of either SSSI where the exceedances are predicted. Also the Broadwater SSSI is mainly aquatic and the lagoon has saline influences and is therefore not likely to be sensitive.

o For the Glannau Tonfanau i Friog SSSI whilst having a maritime influence may be more sensitive to nitrogen deposition. Natural Resources Wales have suggested that due to its nature 10.0 kg-N/ha/y is a more appropriate figure to adopt. As such Natural Resources Wales have stated that a detailed in-combination assessment with other intensive agriculture developments will have to be carried out.

 Manure Management Plan – generally satisfied with the level of detail and what is outlined in the Plan.  Ranging Plan - generally satisfied with the level of detail  Drainage Plan - generally satisfied with the level of detail  Pollution Prevention Plan - generally satisfied with the level of detail

3.8 Natural Resources Wales in their consultation response made two requirements:

Requirement 1: The submission of a suitable landscape scheme to minimise visual intrusion – this has been done and can be further enhanced through a planning condition to produce a biodiversity enhancement plan.

Requirement 2: A detailed in combination assessment which considers other intensive livestock units and other sources of nitrogen will need to be undertaken by the decision-making authority to ensure damage does not occur to the SSSI – this has been carried out. The conclusion of this assessment is that are no sites that meet the criteria set out by NRW

within 5km, as such there is no in-combination effects involved with this scheme.

3.9 Gwynedd Archaeological Trust – no objections raised but has suggested that should permission be granted it is subject to condition requiring a programme of archaeological recoding during the proposed works.

3.10 SNPA ecologist – The footprint of the proposed building falls on improved grassland of negligible ecological interest. Concern is expressed on the potential adverse effects on the Broadwater SSSI and the Glannau Tonfanau i Friog SSSI through elevated levels of run off of nutrients reaching the SSSI’s.

3.11 The particular concerns are that potential impacts associated with the proposed development may compromise the special features of Broadwater SSSI, especially given that the (original) Manure Management Plan, submitted in support of this planning application, states that all the manure generated by the poultry unit will be provided to farmers in the area to spread on their land or use in anaerobic digesters.

3.12 This, given the location of the proposed development site within the Dysynni Catchment which drains into Broadwater SSSI, and the relative proximity of the proposed development site to Broadwater SSSI is of concern. The opinion of the ecologist is that any further application of manure generated by the poultry unit on surrounding farmland and any associated manure run-off from the adjacent Ranging Land will result in elevated nutrient levels reaching water courses within the catchment which drain into Broadwater SSSI. 3.13 Elevated nutrient levels, from run off associated with the spread of manure waste from the poultry unit and adjacent 16 ha Ranging Area may in turn impact on the trophic status of watercourses in the surrounding area and may impact on the special features of the SSSI, through enrichment. Any associated run off from fields within the wider area within the Dysynni catchment where manure from the proposed poultry unit and associated Ranging Area has been spread may result in elevated nutrient levels in the SSSI.

3.14 It is further commented by the ecologist that ‘In practice, regulation of the practice of manure application is also difficult to effect.’ i.e. difficult to control.

3.15 The Manure Management Plan, as originally submitted, was considered to be ambiguous and lacking in detail as to where and how the manure will be stored and distributed. The MMP has been amended to address these concerns. The amended MMP has been assessed by the ecologist who has concluded that it now acceptable.

3.16 The ecologist has commented that to the south west of the proposed new access track, the hedge is a fairly substantial, tall uniform hedge above a low dry stone wall. Hawthorn was noted as being the dominant species in the hedge, with occasional to frequent sycamore, and blackthorn, scattered throughout its length. The hedge together with the wall to the north east of the proposed access provide excellent nesting opportunities for birds and the many crevices noted in the dry stone walls provide suitable opportunities for reptiles such as slow worm, adders and common lizard and amphibians such as the common toad.

3.17 The ecologist has suggested that the applicants submit a report on Reasonable Avoidance Measures for the demolition of the road side wall and hedge and for the provision of suitable habitat replacement as mitigation for the permanent loss of habitats for protected species, namely nesting wild birds, reptiles and amphibians.

3.18 Unfortunately the ecologist has misinterpreted the plans for the proposed access and referred to the removal of hedge and wall either side of the existing access and to the partial removal of a grassy knoll, this is not the case. The proposed removal of wall and hedge is only on one side of the existing access (to the north west) and there is no proposal to remove the gorse scrub or trees in this area, consequently no loss of potential bird nesting habitat in this area.

3.19 The ecologist has also expressed concern on the potential detrimental impact on species rich hedges and verges around the site through airborne pollutants and potential damage by vehicles running along the narrow lane.

3.20 The ecologist has expressed that if approved it would be expect to see consideration and commitment to a Biodiversity Enhancement and Landscaping Scheme which provides sound biodiversity gain which is incorporated into the proposal and which would seek to offset the negative impacts associated with the current development proposal. This would be in addition to the revised landscaping scheme which shows intention to provide screening only for the proposed building.

3.21 In conclusion the ecologist has stated that: ‘whereas I have no purely ecological concerns regarding the location footprint for the proposed poultry unit building itself, I do have significant concerns over the potential off-site implications of this proposed development for ecology and the wider environment, given the lack of an adequate, sound evidence base upon which to assess such implications. Unfortunately, such concerns cannot be eliminated through consideration of the submission documentation.’

3.22 In view of the possible hydrological pathways from this development to the Pen Llyn a’r Sarnau SAC, this Authority’s ecologists have undertaken a screening and stage 2 (appropriate assessment) Habitats Regulations

Assessment (HRA) of the proposals. NRW have been consulted on the stage 2 assessment and have agreed with the conclusion.

3.23 SNPA Head of Conservation, Woodlands & Agriculture – initial concerns over the Manure Management Plan. The plan is vague and lacking in certainty. The MMP has been amended in response to these concerns. The Head of Conservation, Woodlands & Agriculture is now satisfied with the content of the MMP and raises no objections.

Other Comments

3.24 15 letters have been received expressing support for this proposal generally stating that it will help sustain and diversify the activities of a working farm, help the local economy and provide jobs.

3.25 130 letters of objection have been received with the scale of the building, visual impact, increase in traffic, impact of the manure, increase in vermin, impact of noise, dust and smells as the main concerns. These comments include a detailed objection from the immediate neighbouring dwelling at Castell Mawr and others in the near vicinity.

Further Consultations

3.26 The publication of edition 10 of Planning Policy Wales coincided with the last planning and access committee i.e. 5th December 2018. It is incumbent on the Authority to review the officer recommendation and committee resolution to grant conditional planning permission in the light of any revised content of PPW that may lead to a change emphasis or interpretation of policy.

3.27 Having now had the opportunity to review the content of PPW edition 10 it is considered that there are matters that required further consideration by this Authority and consultees. These relate in particular to Paragraph 6.7.15-6.717 (relating to air pollution) and 6.4.26 (relating to Ancient Woodlands).

Paragraph 6.7.15: Location of Potentially Polluting Development

3.28 Attention is drawn to paragraph 6.7.15 of PPW edition 10 which refers to the location of potentially polluting development. This paragraph identifies potentially polluting development as commercial, industrial, energy and agricultural or transport infrastructure. This application clearly falls into this category. PPW now states that: “Such development should be located in areas where there is low potential for public exposure, or where its impact can be minimised.”

3.29 In addition, paragraph 6.7.16 states that in making planning decisions on such developments impacts on health and amenity should be considered, as well as location issues – “including the reason for selecting the chosen site itself.” No specific case has been made for having to site the proposal in this particular location, and there is no reason to believe the site has to be located in this particular location for operational reasons. Therefore pollution impacts could potentially be further minimised by locating the proposal further away from neighbouring properties.

3.30 Paragraph 6.7.17 states that “The location of potentially polluting development adjacent to sensitive receptors will be unacceptable where health and amenity impacts cannot be minimised through appropriate design and mitigation measures.”

3.31 With regard to these new paragraphs in Version 10 of PPW, officers are of the opinion that this proposal does provide the potential for public exposure of pollution. However, in deciding whether the impact of this proposal had been sufficiently minimised, clarification was sought from Gwynedd Public Protection Service and Public Health Wales.

3.32 Gwynedd Council Public Protection Service (PPS) have re-considered this application in the light of this and have responded by clarifying that whilst the unit will not fall under the requirements of an Environmental Permit to operate*, this proposed unit will have to be implemented so that it does not create a statutory nuisance or be predjudicial to health in terms of noise, dust or odour.

3.33 * Environmental permits are required for poultry units of over 32,000 hens. Consequently this proposed unit is as large as is possible without the requirement for environmaental permit which provide legislative protection against any adverse effect on neighbouring amenity.

3.34 The PPS stated that the main way to avoid nuisance is “to ensure that the Unit is placed as far as possible of -existing residential homes. This unit is close to residential homes and, therefore, it is possible that environmental odours can affect the amenities of the area if good practices are not followed.”

3.35 Officers therefore consider this to be relevant to the issues raised in PPW (version 10) as to whether the impact has been minimised (Para 6.7.15, PPW) in this instance, along with the justification for the proposal to be located in this particular location (Para 6.7.16).

3.36 The PPS have advised that “there is potential for the release of odours from the building when manure is removed and through the extraction system, which would include a series of fans on the poultry unit roof. In addition, apertures or passive vents would provide a further opportunity for the escape of odours when the fans were not in use.”

3.37 The PPS’s response suggests that the extractor fans would not be used often, particularly in winter, but there is no detailed assessment of either the extent to which they would be likely to be operated during a defined period, nor of their effectiveness in dispersing odours. The report explains that manure would be removed and stored on an enclosed trailer prior to disposal. There is no information about the extent of odour which could be emitted during this activity.

3.38 In addition, apertures or passive vents would provide a further opportunity for the escape of odours when the fans were not in use.

3.39 The PPS state that: “I can only conclude that there is a potential for odour release from the poultry unit and manure spreading, and although the prevailing winds would carry emissions away from one property this does not account for the times when there is a change in weather conditions. Given the proximity of these sensitive dwellings, the information submitted does not demonstrate that there would not be an unacceptable effect on the amenities of nearby residents.”

3.40 Officers therefore conclude that there is a potential for an unacceptable effect on the amenities of nearby residents.

3.41 The PPS further commented that “There are regulations to ensure a dusty atmosphere must be avoided within the poultry unit to safeguard the welfare of the birds and stockpersons, but whereas that requirement indicates that measures would be taken to remove dust from the building, it provides no reassurance about the effect of dust emitted. A condition concerning air quality and dust mitigation can be conditioned as I have suggested in my previous correspondence, however this would not overcome my concern about the potential nuisance to neighbours from dust emissions and any associated health impacts from Pm10.”

Once again, based on this, officers conclude that there is a potential for an unacceptable effect from dust emissions and any associated health impacts from Pm10.

3.42 Whilst not a statutory consultee the views of Public Health Wales have been sought in their capacity as the national health agency for Wales. In response they have stated that:

‘Most evidence concerning the health effects associated with intensive farming operations comes from occupational studies. While health effects among farmers exposed to high levels of bioaerosols are well documented, there is also a potential impact on respiratory health among communities, especially children, living near intensive farming operations. The most recent published review of the literature recognised

the potential impact on children living near to such sites but also concluded that the current evidence is not sufficient to recommend an increase in the distance required for a risk assessment from 100m to 250m; the latter being the limit used for composting facilities. Until more robust evidence becomes available, Public Health Wales recommends that local planning authorities and regulators ensure that, where there are sensitive receptors within 100m from the boundary of an intensive farming operation, the applicant undertakes a detailed risk assessment that objectively considers how the operator will effectively manage and minimise emissions including ammonia, odour and bioaerosols (through the application of Best Practical Means and industry practice).’

3.43 It should be noted that they did not view the specific details of this planning application, and their response is of a generic nature and attributable to any development of this type. This application proposes an intensive farming operation within the 100m distance which Public Health Wales recommend that the applicant undertake a detailed risk assessment to manage and minimise emmissions. As the applicants have not carried out such a risk assessment the potential for a loss of amenity to neighbouring dwellings and the public from airboune pollutants cannot be ruled out.

4. Policy Framework

Planning Policy Wales (Edition 10)

4.1 The date of the Planning and Access committee at which it was resolved to grant planning permission for this proposed development coincided with the publication of Edition 10 of PPW i.e. 5th December 2018. The Director of Planning notified all Committee Members at the start of that committee meeting that all decisions taken would, following the committee, be subject to a check of the contents of PPW edition 10 to make sure that any proposals were compliant with the latest version.

4.2 This had to be carried out due to the fact officers had not had an opportunity to read edition 10 of PPW, and the content of edition 10 of PPW would not have been reflected in the officer’s report. It was noted that if any new content of edition 10 of PPW is ‘material’ to the determination of this planning application, the Committee have a right to see this.

4.3 As referenced above and having checked the content of the latest edition of PPW in relation to this application, it has been confirmed that there are issues which should be brought to the attention of the committee.

4.4 Of particular note are paragraphs (full text at appendix 1):

 6.7.15: ‘agricultural infrastructure…..should be located in areas where there is low potential for public exposure, or where its impact can be minimised.  6.7.16: ‘considerations in making planning decisions for potentially polluting development’  6.7.17: ‘location of potentially polluting development …will be unacceptable where health and amenity impacts cannot be minimised…’

Technical Advice Note 5

4.5 Paragraph 2.4: ‘…..when deciding planning applications that may affect nature conservation, local planning authorities (the proposed development) should (amongst other criteria):

 contribute to the protection and improvement of the environment  promote conservation and enhancement  ensure that appropriate weight is attached to designated sites  protect wildlife and natural features in the wider environment  avoid harm to nature conservation, minimise unavoidable harm by mitigation measures, offset residual harm by compensation measures and look for new opportunities to enhance nature conservation; where there may be significant harmful effects local planning authorities will need to be satisfied that any reasonable alternative sites that would result in less or no harm have been fully considered

Technical Advice Note 6

4.6 Paragraphs 3.1.2: ‘The development plan should facilitate diversification of the rural economy by accommodating the needs of both traditional rural industries and new enterprises, whilst minimising impacts on the local community and the environment.’

Eryri Local Development Plan (2016-2031)

4.7 The Eryri Local Development Plan has been through a review process and on the 6th February 2019 the updated version was fully adopted by this Authority. Whist there are in general no significant changes to the policies relevant to the consideration of this proposal Development Policy 1 at criterion vi does make greater reference to the protection of Ancient Woodlands from loss as a result of proposed developments.

4.8 Any development proposal must address and be in conformity with all the relevant policies of the Eryri Local Development Plan. Of particular relevance to the consideration of this proposal are the following policies:

Strategic Policy A: National Park Purposes and Sustainable Development.

Strategic Policy B: Major Development

Strategic Policy C: Spatial Development Strategy

Development Policy 1: General Development Principles.

Strategic Policy D: Natural Environment

Development policy 2: Development and the Landscape

Strategic Policy Ff: Historic Environment

Strategic Policy H: Sustainable Rural Economy

Development Policy 20: Agricultural Diversification

17 October 2018 Planning and Access Committee

4.9 At the committee meeting of 17 October 2018 Members resolved to undertake all Member visit to the site.

12 November 2018 All Member visit

4.10 Those in attendance:

Councillors: E.Edwards, F.Bentham, A.Gruffydd, J.P.Roberts, G.Williams, E.W.Owen, E.P.Roberts

Members: Mr. B.Angell, Mr. C.Stradling, Ms E.Gwynne

Apologies: A. Hughes, J.M. Humphreys, P.H. Capper, W. Ellis-Jones, I.G. Lloyd, Mr. O. Wyn, Ms T. Evans, Mr. N. Martinson

Officers: Aled Lloyd, Head of Development Management and Compliance Richard Thomas, Principal Officer, Development Management Rhys Owen, Head of Conservation, Woodlands and Agriculture

4.11 Members were driven to the site initially along the A493 to observe the visual impact of the proposed development site from distance. This was followed by driving along the access road to the site from the A493 at Rhoslefain to observe the potential access route for the delivery and produce vehicles.

4.12 The Members of the Authority were then able to enter the site of this proposed poultry unit where officers were able to describe the proposed development and help to visualise the proposed building in the landscape.

4.13 Officers were able to outline the issues upon which this development is to be considered, namely:

 Landscape and Visual impact  Highway matters  Noise  Smell  Dust  Pest control  Impact on SAC and SSSI  Impact on Schedule Ancient Monument  Impact on adjacent public right of way/bridleway  Neighbouring residential amenity  Landscaping

4.14 Officers were able to explain that the applicant had submitted additional information in regard to comments made by Gwynedd Council Public Protection Unit. A response from Gwynedd Council on these matters was awaited at the time of the Member visit to the site.

4.15 The Members were able then to visit the neighbouring residential property, Castell Mawr and observe the proposed site from the grounds of this residential property.

4.16 Officers were also able to describe the proposed improved point of access to the site in the light of additional information submitted by the applicant to show replacement hedging and compensatory landscaping.

4.17 On leaving the site members were driven along the remainder of the proposed access road from the site to the A493 opposite the turning for Llanegryn.

4.18 In discussion members expressed a wish for additional information from the Highways Authority in respect of the use by HGV lorries delivering feed to the unit and the potential harm to the highway infrastructure along the narrow access road. It was also suggested that the site would benefit from additional landscaping in the form of blocks of tree and potentially a bund and tree planting between the proposed building and the neighbouring property, Castell Mawr.

5 Assessment of the scheme

Landscape impact

5.1 There is no doubt that a unit of this size will have a landscape visual impact. Officers of the Authority have observed the visual impact from close proximity and from distant locations.

5.2 The conclusions of your officers are that the proposed site for this development will not have a significant harmful landscape impact when viewed from a distance. This opinion is derived at given the existing lie of the land in combination with existing and proposed screen planting is considered.

5.3 However, there will be a localised visual impact when viewed from public vantage points along the Public Right of Way (bridleway) immediately to the west and southwest of the proposed site.

5.4 Natural Resources Wales had significant concerns about the proposal unless a landscaping scheme to minimise visual intrusion was produced. The applicant did produce such an enhanced landscaping scheme which has been deemed acceptable.

Highway matters

5.5 The Highways Authority have commented that associated vehicle movements would be limited to bulk food deliveries of 6 or 8 wheeler HGV’s, 2/3 times a month, and egg collections every 3 days, equating to an additional 12-15 movements a month. This level of additional traffic is considered to be a relatively small increase over existing levels and similar in nature to the type of traffic which regularly frequents farming establishments, which in turn are often located along narrow single track rural roads.

5.6 The proposed access shows an improved access and will provide sufficient forward visibility in either direction when exiting the site. The proposal reaches the minimum standards required by the Highways Authority.

5.7 Given the above the Highways Authority have raised no objections to the application.

5.8 There is a loss of a stretch of existing hedgeline in creating the new improved access which is shown to be compensated for with a new hedge and tree planting at this access point. The Authority ecologist has assessed the biodiversity value of the existing hedge to be lost and has concluded that the hedge is of low value and its removal will result in no loss of any ecological significance.

Neighbouring Amenity (ELDP policy 1 criteria iii, xi and xii)

5.9 Neighbouring amenity can be summarised as any unacceptable visual amenity and any harmful increase in noise, smells, dust and vermin.

5.10 The nearest dwelling, Castell Mawr, is sited at a distance of around 85 metres to the northwest with other outbuildings between it and the proposed building. Other dwellings with potential to have view the building are Fron Eunydd (300m northeast), Ty Bach Ffordd (460m east) and Clos Bach (570m south east).

5.11 It has been concluded that the view of the proposed building from the nearest dwelling, Castell Mawr, would not be overbearing. This conclusion has been reached on the basis that the rear elevation of the dwelling is circa 85m away and would have a view of the gable end at approximately 9 metres above current ground level and partial view of the long elevation. It also has other large stone outbuildings in closer proximity the within its grounds between the rear elevation and the proposed building.

5.12 It is considered that due to their distances from the proposed building there would be no harm to visual amenity in terms of any overbearing nature from other dwellings.

5.13 In regard to these issues and following a consultation with Gwynedd Council Public Protection Service (PPS) the applicants have submitted additional information in regard to potential nuisance arising from noise, smells, dust and vermin. These details have been forwarded to the PPS who initially concluded that potential nuisance could be controlled to an acceptable level through planning condition. However, on reviewing the advice particularly in the light of the paragraph 6.7.15 in PPW edition 10 the PPS have now concluded that even with the imposition of planning conditions concerns over nuisance cannot be ruled out. The Environmental Health Officer has stated that ‘Given the proximity of these sensitive dwellings, the information submitted does not demonstrate that there would not be an unacceptable effect on the amenities of nearby residents.’

5.14 Given the concerns of the PPS regarding the potential for unacceptable effect on the amenity of nearby residents from odour, along with their concerns about the potential nuisance to neighbours from dust emissions and any associated health impacts from Pm10, it is concluded that this proposal fails to comply with criterion xi and xii of Development Policy 1.

Impact on nearby SSSI and SAC (ELDP policy D)

5.15 As previously reported it has been concluded that the potential level of air and waterborne pollutants will not be sufficient to be harmful to the nearby SAC and SSSI features. Consequently, neither Natural Resources Wales nor this Authority’s ecologist have raised any objections on the basis of harmful effects on any protected feature.

Impact on the adjacent Scheduled Ancient Monument (ELDP policy Ff)

5.16 As previously reported it is not considered that there will be any harmful effects on this protected site. Neither Cadw nor Gwynedd Archaeology Trust on behalf of this Authority have raised any objections. A condition requiring an archaeological watching brief is suggested.

5.17 Impact on adjacent Public Right of Way and Bridleway (ELDP policy 1 criterion xiv)

5.18 Other than a very localised visual impact for approximately 150 metres the public right of way will be unaffected by this proposal.

Manure Management (ELDP Policy 1 criterion xi)

5.19 The applicants have now presented a Manure Management Plan that is considered to be acceptable for the level of manure that this unit will produce. Neither Natural Resources Wales nor this Authority’s Head of Conservation, Woodlands and Agriculture have raised objections to the proposed manure management plan.

5.20 The Plan shows that the manure will, under the correct climatic conditions, be spread over adjoining land and land in close proximity and any surplus stored within an adequate secure manure pit on the agricultural holding.

Consideration of Eryri Local Development Plan Policy 2016-2031

Strategic Policy A: National Park Purposes and Sustainable Development.

5.21 This policy seeks further National Park purposes and duty whilst conserving and enhancing the special qualities of the National Park.

5.22 Having considered the likely visual impact of this proposed development on the landscape it is considered that this policy is complied with. However, concerns over the potential adverse effect on an Ancient Woodland site have been raised by the Authority’s ecologist, which have not been fully addressed by the applicant. Therefore, it is not possible to rule out adverse effects on biodiversity.

5.23 Through the sustaining of existing and creation of new jobs in the agricultural industry it is considered that the duty to of the National Park Authority to see to foster the economic and local communities has been met in the consideration of this application.

Strategic Policy B: Major Development

5.24 During pre-application discussions with the applicant it was this Authority’s officers conclusion that a development of this scale within a National Park should be regarded as major development. This was based on the size of the building being in excess of 100sqm and being located in a sensitive location i.e. National Park. however, this was challenged by the applicant and a judgement was sought from the Welsh Government. The Welsh Government provided a judgement in their letter of 01 August 2018 stating that this proposed development is ‘not major development of more than local importance’. Consequently this policy is not now considered to be overriding.

Strategic Policy C: Spatial Development Strategy

5.25 The spatial development strategy of the ELDP defines where certain types of development would be appropriate. In terms of the open countryside, as in this case, criterion xxvi is applied which states that appropriate development will be ‘Agricultural developments which are sympathetically accommodated in the landscape.’

5.26 Having considered the likely visual impact of this proposed development on the landscape it is considered that this policy is complied with as the visual impact of this proposed development is not considered to be harmful to the landscape of the Park.

Development Policy 1: General Development Principles

5.27 This Policy introduces the broad requirements on a criteria based approach which all development should meet if it is to be considered favourably. This proposal is considered not to satisfy criteria xi and xii of this policy through the unacceptable levels of airborne discharges leading to an adverse effect on neighbouring amenity and does not satisfy criteria vi insofar as it has not been shown that there would be no loss of landscape features in the form of the Ancient Woodland.

Strategic Policy D: Natural Environment

5.28 This policy outlines the principle that the natural resources, biodiversity, geodiversity and the special qualities of the National Park will be protected from inappropriate development. The policy goes on to state that proposals should not adversely affect biodiversity including designated sites and that the natural environment is protected and enhanced.

Development policy 2: Development and the Landscape

5.29 Having considered that the likely visual impact of a development of this scale and design at this location on the landscape character of this part of the National Park it is concluded that it will respect and conserve the character of the landscape and that this policy is complied.

Strategic Policy Ff: Historic Environment

5.30 Following consultation with Cadw it is considered that there will be no adverse impact on the Scheduled Ancient Monument located approximately 50m from the proposed development site.

Strategic Policy H: Sustainable Rural Economy

5.31 Through the sustaining of existing and creation of new jobs in the agricultural industry it is considered that this proposed development satisfies the criterial of this policy.

Development Policy 20: Agricultural Diversification.

5.32 This proposed development is to be regarded as agricultural development and not under the definition of agricultural diversification.

6 Conclusions

6.1 It is concluded that whist it is to be acknowledged that in National Park terms this is a very large building in National Park terms its landscape impact will be restricted to very localised effects negligible distant harmful landscape impacts envisaged.

6.2 The potential for likely harmful effects on the features of the Broadwater SSSI is one that is difficult to qualify, particularly as there is no historical baseline data on which to assess likely effects. It has to be acknowledged that the Dysynni catchment, which flows into the Broadwater SSSI, is already known to have been subject of widespread agricultural improvement and the spreading of manure. Approving this proposal could exacerbate this situation without careful consideration and if approved the imposition of strict conditions for its spreading on the adjoining land, its movement from the unit and storage is required.

6.3 The manure management plan as originally submitted was considered to be lacking in detail and certainty. This has been rectified with the submission of an amended MMP which has been assessed by this Authority’s Head of Conservation, Woodlands and Agriculture and ecologist. The conclusion is that the MMP is now fit for purpose and provides certainty over the movement and storage of the manure which will provide assurance that the integrity of features of the Broadwater SSSI can be managed.

6.4 Natural Resources Wales have concluded that the level of potential water and airborne pollutants are at a level that would not harm the SAC and SSSI features.

6.5 The conclusion of this Authority’s ecologist is that no SAC features will be affected either directly or indirectly by the proposed development provided that the measures in the manure management plan and ranging plan are implemented and secured through planning condition. The ecologist has stated that the proposal is unlikely to have a significant effect either alone or in combination on a European site.

6.6 Following a review of the newly published Planning Policy Wales edition 10 and in the light of the additional comments by the Public Protection Service and Public Health Wales it has been concluded that the proposed poultry unit will result in a potential adverse effect on residential amenity at nearby dwellings through dust and odour. In the considered opinion of the PPS this potential loss in amenity would still be of concern even with addition of planning conditions for the control of dust and odours.

6.7 Insofar as there is a potential for a loss of neighbouring amenity from dust and/or odours requirements of PPW edition 10 to locate such facilities in areas where there is low potential for public exposure or where the impact can be minimised have not been met. In addition it is considered that this proposal is in conflict with Eryri Local Development Plan policy 1 criteria xi and xii insofar as there is a potential for the proposal to have an ‘unacceptable adverse impact’ on public health and air quality, and therefore potential for harm to neighbouring residential amenity by way of dust and odour.

6.8 Given that there is potential for an unacceptable effect on nearby residents and the loss of amenity to neighbouring residential property cannot be ruled out this application is in conflict with the Eryri Local Development Plan policy 1 criterion xi and xii, along with Planning Policy Wales.

6.9 In addition, this proposal has failed to demonstrate that this proposed development could not be relocated in order to minimise any adverse impacts on sensitive receptors, as now advocated by PPW at para 6.7.15 and 6.7.16. any adverse impact could be minimised by relocating the building further away from any sensitive receptor.

6.10 Whilst it is to be acknowledged that the public highway leading to this site is narrow and in part forward visibility is limited the Highways Authority have concluded that with the improved access to this site and the frequency and type of vehicles involved there are no overriding highway concerns.

7. Recommendation: To REFUSE this application subject for the following reasons:

1. By reason of the applicant failing to demonstrate that there would be no unacceptable adverse impact on the amenity of nearby residential dwellings in terms of dust and odour levels emanating from the functions and operation of the proposed development this application is in conflict with Eryri Local Development Plan (2016-2031) policy 1 criteria (xi) and (xii) and Planning Policy Wales edition 10 paragraphs 6.7.15-6.7.17.

2. By reason of the applicant failing to present evidence on site selection to demonstrate that this proposed development cannot be located in a less potentially polluting location this application is in conflict with Planning Policy Wales edition 10 paragraph 6.7.16.

Distinctive & Natural Places

solutions. Planning authorities should 6.7.13 When developing strategies, proposing work closely with bodies such as the or assessing development proposals Public Service Boards in the preparation 0 it will be essential to understand the of their well-being plans and seek input implications of the transport demand from their own Environmental Health associated with the proposal and the departments. effect this may have now and in the foreseeable future. When proposing to Understanding and Identifying the Sources introduce a development activity into of Airborne (Air and Noise) Pollution an area the impacts which existing 6.7.11 Air and noise pollution are often, pollution sources (including roads, but not exclusively, emitted from the railways and industrial or commercial same sources, notably road transport, operations) have in terms of air and commercial and industrial activities. noise pollution should be carefully Consequently, areas of poor air quality considered, particularly taking into often coincide or overlap with areas account any increases in pollution levels subject to high noise levels. Even where which may be reasonably expected in they do not, poor air quality at one the foreseeable future as a result of ( location and high levels of noise at a increased transport activity. neighbouring location may be related to one another, depending on the 6.7.14 Proposed development should be characteristics of the place in question, designed wherever possible to prevent including the way in which people use adverse effects to amenity, health and and occupy places and the way in the environment but as a minimum to which traffic is managed in the wider limit or constrain any effects that do area. Where air and noise pollution are occur. In circumstances where impacts generated from the same source they are unacceptable, for example where should be considered and addressed adequate mitigation is unlikely to be together and links should be made with sufficient to safeguard local amenity active travel and other strategies for in terms of air quality and the acoustic reducing vehicular use so as to reduce environment it will be appropriate to or minimise, pollution and to ensure an refuse permission. appropriate soundscape. Location of Commercial, Industrial and 6.7.12 Planning authorities must consider other Potentially Polluting Development current and future sources of air and 6.7.15 For the purposes of this section, noise pollution as part of developing potentially polluting development their strategies for locating new e includes commercial, industrial, development. The pattern of proposed energy152 and agricultural or transport development should be informed by infrastructure. Such development should the sensitivity of, and compatibility be located in areas where there is low of, uses in relation to the sources of potential for public exposure, or where airborne pollution and the importance its impact can be minimised. Novel or of ensuring appropriate soundscapes. new development types may potentially Green infrastructure provision will be cause pollution and should be carefully an important means of addressing considered, and where appropriate, the cumulative impacts of air and decisions should be based on the noise pollution and soundscapes on precautionary principle. individuals and society and provide benefits for social and ecosystems resilience.

152 Further guidance on wind turbine noise assessment can be found in ETSU-R-97 https://assets.publishing.service.gov.uk/government; uploads/system/uploads/attachment_data/file/49869/ETSU_Full_copy_Searchable_.pdf and further good practice guidance published by the Institute of Acoustics: https://www.ioa.org.uk/publications/wind-turbine-noise 32

Planning Policy Wales I Edition 10

6.7.16 Relevant considerations in making 6.7.18 Early consideration is required to planning decisions for potentially ascertain whether the location and polluting development are likely to design of proposed development is include: acceptable where air pollution or noise- generating development is likely to affect • location, including the reasons for a protected species, or is proposed selecting the chosen site itself; in an area likely to affect a statutorily • impact on health and amenity; designated site (such as Natura 2000 sites or SSSls) or a tranquil urban green • effect of pollution on the natural and space (including but not limited to built environment and the enjoyment formally designated 'quiet areas') valued of areas of landscape and historic and for the restorative respite and contact cultural value; with nature that they offer to residents of • impact on groundwater and surface busy towns and cities. water quality; Sensitive Development • effect on biodiversity and ecosystem resilience, including where there 6.7.19 The health imperative of good air may be cumulative impacts on air or quality and appropriate soundscapes water quality which may have adverse in contributing to the overall character consequences for biodiversity and and quality of places and the health ecosystem resilience; and well-being of people and wildlife should be fully recognised. It will not • the risk and impact of potential be appropriate to locate sensitive uses, pollution from the development, such as hospitals, schools, care homes insofar as this might lead to the and housing adjacent to busy roads or creation of, or worsen the situation other transport routes, where there are in, an air quality management area, no connectivity benefits to be gained a noise action planning priority area and where health and amenity impacts or an area where there are sensitive associated with increased exposure of receptors; and people to pollution will be unacceptable. • impact on the road and other transport Whilst some uses may be appropriate networks, and in particular on traffic with the aid of good design air quality generation, particularly where the and soundscape considerations can be proposed development is not transport overriding factors, especially for sensitive infrastructure itself. uses, if they cannot be adequately mitigated and impacts minimised. 6.7.17 The location of potentially polluting development adjacent to sensitive 6.7.20 Where sensitive developments receptors will be unacceptable where 0 need to be located close to existing health and amenity impacts cannot transportation infrastructure for be minimised through appropriate sustainable movement and access design and mitigation measures. It is they should be designed, as far as the overall expectation that levels of practicable, to limit harmful substances pollution should be reduced as far as and noise levels within and around possible and for this reason the location those developments both now �md in of potentially polluting development the future. This may include employing should be taken into account as part of the principles of good acoustic design overall strategies in development plans and the inclusion of active travel or to ensure it can be appropriately located travel management measures as and maximum environmental benefits part of development proposals. Such can be gained through measures such development, however, should preferably as green infrastructure. be located away from existing sources

38 ITEM 4.2

Snowdonia National Park Authority Date: 06/03/2019 – Planning & Access Committee

Application Number: NP4/11/247L Date Application Registered: 12/12/18

Community: Betws y Coed Grid Reference: 279445 356628.1

Case Officer: Mrs. Sara Thomas Location: Unit D, Royal Oak Stables, Betws y Coed.

Applicant: Description: Mr. Ian Young Part change of use of unit to provide dog The Old Magistrates grooming service. Ffordd Hen Eglwys Betws y Coed Conwy LL24 0AL

Site: Unit D, Royal Oak Stables, Betws y Coed.

Proposal: Change of use of unit to provide dog grooming service.

Consultee Responses: Betws y Coed Community Council No objection Conwy Council – Environmental No observations to make Health Ecologist No comments received

Designations: Within Housing Development Boundary Within Conservation Area Traditional Building

Publicity Undertaken: Site Notice: Yes Press Notice: N/A Neighbour Letters: Yes

Reason(s) Application Reported to Committee: Delegation Scheme Application on Authority owned premises

Relevant Planning History: Application No. Details Decision NP4/11/247A Change of use into commercial offices Approved (use class B1) and a café (use class A3) 05/11/1998 for the sale of rolls, cakes and other cold foods and hot and cold drinks, all for consumption on the premises. NP4/11/247B Extend use of building to include Approved commercial sales (Use Class A1), 01/02/2000 inclusive of bicycle hire shop and exhibitions. NP4/11/247D Extend existing use of to include 1st floor Approved art gallery with ancillary sales. 27/06/2003 NP4/11/247E Change of use of store to office on first Approved floor. 11/12/2003 NP4/11/247G Change of use of units (unit nos. A1, A2 Approved and C) from Use Class D1 to Use Class 26/01/2012 A1 and D1. NP4/11/247K Change use part of office and booking Approved centre to use as electric bicycle hire. 03/09/2014

Relevant Planning Policies – Eryri Local Development Plan 2016-2031: Policy No. Policy C Spatial Development Strategy 1 General Development Principles 7 Listed and Traditional Buildings Ff Historic Environment H A Sustainable Rural Economy

1 Site

1.1 The application relates to an office unit situated within the Royal Oak Stables buildings in settlement of Betws y Coed. The Stables complex is is a traditional stone built slate roofed building which is included on the Authority’s list of traditional buildings for their special historic or architectural character. The building is owned and managed by this Authority.

1.2 The site is made up of different businesses including the Authority’s tourist information centre, and a number of other retail and commercial uses. Planning permission was granted in 1998 for the change of use to both A1 and B1 uses for the whole premises, this was expanded in 1999 to also include D1 use.

2 Proposal

2.1 The proposal involves the change of use of part of the upper floor of the building which is located above the entrance arch to the Stablau building to provide a dog grooming service.

2.2 Dog grooming is considered a sui generis use,which is a category for those uses that do not fall within any of the identified use classes,and therefore planning permission is required for a change of use from its current B1 use.

2.3 The ground floor and first floor of this part the building is already used by the applicants as a dog outfitters and deli.

3 Consultation responses

3.1 Betws y Coed Community Council have no objection to the proposal.

3.2 Conwy Council Environmental Health Department have no observations to make on the application.

3.3 No other comments have bene received as a result of publicity and consultation.

4 Policy considerations

Principle of Development

4.1 When determining planning applications regard is to be had to the Eryri Local Development Plan 2016-2031; the determination shall be made in accordance with the plan unless material planning considerations indicate otherwise.

4.2 The most relevant polices for considerations are Development Polices 1 & 7 and strategic polices C, Ff and H.

4.3 Policy 1 is most relevant to this proposal which seeks that: The nature, location and scale of the development is compatible with the capacity and character of the site and locality.

 Adequate parking is available for the development.  The development does not have any unacceptable adverse impact through increased resource use, discharges or emissions on public health.  The development does not cause significant harm to the environment through noise, dust. Odour or waste production.

4.4 Also relevant is Strategic Policy C, and Strategic Policy H:

 Improve existing and provide new community facilities to serve local residents  Support retails development within the commercial area of service settlements.  Supporting new employment development in service settlements  Promote the re-use of underused buildings for economic or employment purposes.

4.5 The development is also be required to comply with Strategic Policy Ff and Development Policy 7 which seeks to ensure there would be no adverse effect on the setting of the Conservation Area or the traditional building. Based on the policy context outlined above the principle of the development is considered acceptable.

Main considerations

4.6 No external changes are proposed to the building and only simple internal changes such as the installation of a dog of bath, grooming table and other ancillary equipment. These changes are not structural could easily be reversed in future should a different use be proposed. Cyngor Conwy Environmental Health department have no objection to the proposal.

4.7 There will be no change to the current appearance of the Stablau building and it is therefore concluded that the proposal conforms to the requirements of both development policy 1, 7.

4.8 The ground floor and first floor of the building is already used by the applicants as a dog outfitters and deli and this proposal is to expand the business to provide a dog grooming service which the applicants state will support the creation of one additional job.

4.9 The development would also bring into use a unit within the complex that is currently vacant. The proposal would bring into use an underused/ redundant part of the building for an economic & employment use within the service settlement in line with the requirements of Strategic Policy H.

4.10 As the service would be available for the use of both local people and visitors it is concluded that the expansion of the business would strengthen the viability of the business.

4.11 The proposal would also comply with the requirements of Strategic Policy Ff and Development Policy 7 whereby it would not adversely affect in any way the setting of the Conservation Area or the traditional building and would, in the opinion of officers, both preserve and enhance the character of the Conservation Area.

5 Conclusion

5.1 It is concluded that the proposal conforms with the relevant polices as detailed in the Eryri Local Development Plan2016-2031 ) and is considered acceptable.

5.2 No objections to the proposal have been received.

5.3 It is the officer’s recommendation that the application is approved subject to relevant conditions.

Background Papers in Document Bundle No.1: No

RECOMMENDATION: To approve the application subject to the following conditions:

1. The development hereby permitted shall be commenced before the expiration of five years from the date of this decision. 2. The development hereby permitted shall be carried out in accordance with the following approved plans: Dog grooming/wash parlour 2nd floor layout plan V1.0 Dog grooming/wash parlour Drainage/electrics plan Reason(s) for Condition(s): 1. To Comply with Section 91 (as amended) of the Town and Country Planning Act 1990. 2. To define the permission and for the avoidance of doubt.

47 ITEM 4.3

Snowdonia National Park Authority Date: 06/03/2019 – Planning & Access Committee

Application Number: NP4/26/271B Date Application Registered: 10/12/18

Community: Bro Garmon Grid Reference: 283055 356111

Case Officer: Mr Richard Thomas Location: Hafod-y-Geunan, Nebo, Llanrwst.

Applicant: Description: Mr. Wyn Jones Change of use of agricultural building into a Hafod Y Geunan coffee roasting unit. Nebo Llanrwst LL26 0TD

Site: Hafod y Geunan, Nebo, Llanrwst.

Proposal: Change of Use of outbuilding to coffee roasting unit.

Consultee Responses: Bro Garmon Community Council No objections Highways Authority No objections, advice provided Environmental Health No objections, subject to condition SNPA ecology No objections

Responses as a result of sit notice and neighbour consultation: None

Designations: None

Publicity Undertaken: Site Notice: Yes Press Notice: No Neighbour Letters: No

Reason(s) Application Reported to Committee Scheme of Delegation: Applicant is a Member of the Authority

Relevant Planning History: None

Relevant Planning Policies – Eryri Local Development Plan 2016-2031: Policy No. Policy 1 General Development Principles D Natural Environment 9 Conversion and Change of Use of Rural Buildings 19 New employment and training development

1. Background

1.1 Hafod y Geunan is a traditional farm complex in a rural setting with farmhouse and a number of outbuildings of varying ages, styles and finished centred around a farm yard.

1.2 Characterised as a working farm with the addition of 6 holiday use static caravans located in close proximity to the farm yard.

1.3 This proposal shows the use of one of the more modestly sized traditional stone (7m x 5m internal floor area) outbuildings for the commercial roasting of coffee beans for distribution to local outlets and on-line sales.

1.4 The applicant has stated that deliveries of the raw material will be one palette once or twice a month with distribution to retail outlets no more than twice a week. It is anticipated that on-line sales will be collected by Royal Mail. Thereby generating minimal additional traffic movements.

1.5 The stone outbuilding subject to this application is of traditional style, form and finish. Modest in scale the building is proposed to house a 4kw electrically powered coffee roaster roasting no more than 1kg of coffee beans at one time and utilise an existing and upgraded chimney flue for extraction purposes. The emissions from this type of roaster will be from the heat source which will be similar to a typical central heating boiler.

1.6 The building was formerly utilised for agricultural purposes.

2. Assessment

Principle of Development

2.1 The principle of development for the consideration of application of this nature will be done on ELDP policy 1: General Development Principles. Policy 1 contains a list of 16 criteria which introduce broad requirements to which all development proposals must conform to in terms of their

impact on the landscape, natural environment, cultural heritage, opportunities for understanding and enjoyment, quality of design, sustainable use of resources, amenity, highway safety, flood risk and infrastructure.

2.2 It is considered that the following criteria are relevant to this case and that this proposal raises no conflict with these policy 1 criteria:

i) nature and location of development iii) neighbouring amenity v) protected species or habitats ix) volume or type of traffic resulting in highway safety problems xi) discharges or emissions impact xii) quiet enjoyment xiv) impact on public rights or way, recreational routes or open countryside

2.3 Any change of use of a rural building to a new use should be considered against the criteria of policy 9: Conversion and change of use of rural buildings. In this case the building is considered to be substantially intact, structurally sound and no rebuilding or extension is proposed.

2.4 In addition no external works are proposed other than securing existing openings. Consequently it is considered that this proposal is in conformity with policy 9.

2.5 Many rural buildings are excellent habitats for protected species such as bats. These must be protected from harm and loss of habitat. In this case the building has been assessed by this Authority’s ecologist who has concluded that there are unlikely to be any protected species issues associated with this proposal. Consequently it is concluded that no conflict with policy D: natural environment will arise.

2.6 Development policy 19 provides guidance for the change of use of existing rural buildings for small scale employment use. This proposal would not conflict with any of the criteria of this policy.

Main Considerations

2.7 The building subject to this application is of traditional stone construction, form and finish. There are no external alterations proposed, other than making secure existing door and window openings, for the building and no extension required.

2.8 Conwy Council Environmental Health did have some initial concerns over the potential harmful emissions to the nearby occupants of the static

caravans and the residential dwelling. However, on explanation by the applicant that an electric roaster and the small scale of the operation is proposed the potential for harmful emissions is eliminated.

2.9 Given this explanation the Environmental Health department concluded that they were satisfied that that the potential for statutory nuisance was minimal and withdrew any objection to the scheme.

2.10 The SNPA ecologist has assessed this application for any harm to protected species and their habitats and found to be no potential for harm. Thereby raising no objections

2.11 Due to the small scale of the operation the highways Authority foresee no highway issues and have raise no objections. The Highways Authority have however advised that the applicant must ensure not to allow mud, stones, soil, rubbish or other matter to fall, be carried, or washed onto the a highway and that a public right of way runs in close proximity to this building which should not be obstructed, diverted or otherwise interfered with during or after the works.

2.12 The Community Council have raised no objection to this proposal. There were no comments received from members of the public.

3 Conclusion

3.1 This proposal is very small in scale and utilises an existing outbuilding within an existing farm complex. The proposal will result in no adverse effects on the traditional nature of the building, protected species or nearby amenity.

3.2 There is therefore no conflict with ELPD policies.

Background Papers in Document Bundle No.1: No

RECOMMENDATION: To GRANT permission subject to the following conditions:

1. The development hereby permitted shall be commenced before the expiration of five years from the date of this decision. 2. The development hereby permitted shall be carried out in accordance with the following approved plans: HA/11/2018 001 & 002 3. No external lighting shall be installed or erected on the building hereby approved for a change of use. Reason(s) for Condition(s): 1. To Comply with Section 91 (as amended) of the Town and Country Planning Act 1990. 2. To define the permission and for the avoidance of doubt.

3. In the interest of bats and other nocturnal wildlife and in the interest of conforming to this Authority's Dark Skies Policy.

ADVISORY NOTES 1. On the advice of Conwy Council Enviromental Health the applicant is advised to utilise the best available smoke and odour filtration system for the chosen method of roasting. 2. The applicant is advised that, It is an offence to allow mud, stones, soil, rubbish or other matter to fall, be carried, or washed onto a highway. The applicant should ensure that positive preventative measures are provided within the curtilage of the site/property and is responsible for making arrangements for surface water drainage to be intercepted and disposed of separately so that it does not discharge from or onto the highway. These measures shall thereafter be suitably maintained. Failure regarding the above may result in the Highway Authority serving legal notice. 3. A public right of way (footpath), approx. shown on the attached plan, runs in the vicinity of the site and should not be obstructed, diverted or otherwise interfered with both during and after the works. For further information please contact the Rights of Way Section on 01492 575499.

55 ITEM 4.4

Snowdonia National Park Authority Date: 06/03/2019 – Planning & Access Committee

Application Number: NP5/50/415D Date Application Registered: 21/02/17

Community: Aberdyfi Grid Reference: 261993 296120

Case Officer: Mrs. Iona Roberts Location: Ty Bach, Aberdyfi.

Applicant: Description: Mr & Mrs J & J Mckenzie Alterations and two storey extension to c/o George+Tomos Penseiri:Architects former public toilets to create a dwelling. Ty Cambrian 12 Heol Penrallt Machynlleth Powys SY20 8AG

Site: The former toilet block is a rendered flat roof building set adjacent to the main road alongside the sea front. To the east of the site is Penhelig Hotel, a large three storey building, and to the south-west on the other side of the road are a row of lock up garages. The building backs onto steep rock face.

Proposal: The proposal involves alterations and the erection of a two-storey extension above the former public toilet building to provide a two bedroomed open- market dwelling. Proposed external finishes are vertical slate cladding, stone, weathered timber cladding together with traditional slate roof.

Consultee Responses: Aberdyfi Community Council Obtrusive and out of keeping with its surroundings. Gwynedd Council – Building No response received Control Gwynedd Council – No response received Environmental Health Gwynedd Council – Highways No response received NRW No objection North Wales Fires Service No observations

Welsh Water Recommended conditions Built Heritage Overdevelopment and would not enhance the character of the conservation area. Ecology No ecological concerns

Responses as a result of site notice and neighbour consultation: One letter of objection was received during the initial consultation period from a local resident; their objections are summarised as:  Site lies outside the housing development boundary;  Latest proposals do not appear to differ materially from those previously refused;  Three storeys is too large;  North-eastern elevation dominates and is unappealing;  Occupants would have to use public parking which is very limited in holiday periods.

Further consultation was undertaken in the light of the revised description to refer to the creation of one open-market dwelling as opposed to a conversion to holiday let accommodation. Two further letters of objection have been received, one of which is on behalf of the operations of the Penhelig Arms. Their objections are summarised as:  Site located outside housing development boundary therefore contrary to housing policy.  Other uses, such as shop, would be more appropriate by converting the existing building;  No car parking facilities available and loss of on street parking spaces;  Construction would cause chaos to the road network;  Operational impact on Penhelig Arms (i.e. any noise that could be reasonably expected to emanate from the beer garden could lead to the occupants of the proposed dwelling to issue a noise complaint);  Design out of keeping with existing form and character of the village.  Safety concerns during construction due to the proximity of the site to the steep cliffs to the rear.

Designations: Within housing development boundary Within Aberdyfi conservation area Public footpath to the rear

Publicity Undertaken: Site Notice: Yes Press Notice: Yes Neighbour Letters: Yes

Reason(s) Application Reported to Committee Scheme of Delegation The Director of Planning and Land Management considers that the matter should be referred to the Committee because previous iterations of this development were determined by Committee.

Planning History: Application No. Details Decision NP5/50/415C Conversion of former public toilets to Refused holiday accommodation including 18-May-2016 construction of two storey extension above NP5/50/415B Conversion of former public toilets to Withdrawn holiday accommodation including 04-Jan-2016 construction of two storey extension above NP5/50/415A Conversion of former public toilets to Refused holiday accommodation including 18-Jun-2015 construction of two storey extension above

Relevant Planning Policies – Eryri Local Development Plan 2016-2031 : Policy No. Policy SP A National Park Purposes and Sustainable Development SP G Housing SP Ff Historic Environment DP 1 General Development Principles DP 6 Sustainable Design and Materials DP 30 Affordable Housing

1. Background

1.1 The site has been subject to three previous applications for the conversion of the former public toilets to holiday accommodation including construction of two-storey extension above. The last application (NP5/50/415C) was considered by the Planning and Access Committee at its meeting on the 18th May 2016 where it was resolved to refuse the application for the following reasons:  The proposed conversion is contrary to Development Policy 9 in that the building has no architectural value worthy of preservation and the works would entail significant alterations to the detriment of the Conservation Area.  The site is outside the housing development boundary for Aberdyfi where new dwellinghouses are restricted to certain classes which do not apply in this instance and is therefore contrary to Strategic Policy G.

 By reason of its scale, steep roof pitch and eaves detail the proposal would have a detrimental effect on the setting of the Conservation Area and is therefore contrary to Strategic Policy Ff.

1.2 Previous applications have been considered against Development Policy 9, which relates to the conversion of redundant rural buildings. Officers are now of the opinion that the proposal to erect a two storey extension above the existing building, together with the proposed alterations to the existing structure, goes far beyond the definition of

conversion. The majority of the proposal would be new build and should therefore be considered a new build dwelling. With this in mind, the description of the current application was amended accordingly.

2. Assessment

Principle of Development

2.1 When determining planning applications regard is to be had to the adopted Eryri Local Development Plan (ELDP) 2016-2031; the determination shall be made in accordance with the plan unless material planning considerations indicate otherwise.

2.2 With the adoption of the revised ELDP the housing development boundary for Aberdyfi has been amended to include the site subject to this application. In addition, Strategic Policy G has been amended and a new Development Policy 30: Affordable Housing has been introduced. Aberdyfi is designated as a Service Settlement for the purposes of the ELDP; Development Policy 30 would therefore only seek affordable housing contributions on sites for 3 dwellings or more. The current proposal for one new open market dwelling within the housing development boundary.

2.3 Development Policies 1 and 6 are also relevant and seek that:  the height, form and scale of the development is compatible with the capacity and character of the site and locality;  the development is not unduly prominent in the landscape and will not significantly harm the amenity of neighbouring property.; and  the materials are sympathetic to and enhance their surroundings.

2.4 The development would also be required to comply with Strategic Policy Ff which seeks to ensure there would be no adverse affect on the setting of the conservation area.

2.3 Based on the policy context outlined above the principle of the development is considered acceptable.

Consultation responses

2.4 During the initial consultation period the Community Council commented that the proposal was still too obtrusive and out of keeping with its surroundings. The Authority’s Head of Cultural Heritage also considered the addition of a two-storey extension on top of a very modest single storey building to be overdevelopment and would not enhance the character of the conservation area.

2.5 In response to the objections received as a result of site notice and neighbour consultation (as summarised earlier in the report), the site is now located within the housing development boundary therefore this objection is no longer valid. Officers are of the opinion that any impact

on the Penhelig Arms (which is immediately adjacent) would be minimal. Gwynedd Council Highways have also not raised any concerns with regards to parking provision. Safety concerns during construction would be a matter for Building Control to assess.

Main considerations

2.6 The current proposal is of a three-storey dwelling on the footprint of the existing single-storey structure. The design has taken into account previous concerns regarding its height (with a reduction of 0.4m compared with the initial application) and overlooking (with windows omitted on the north-east elevation).

2.7 The prevailing character of Aberdyfi’s waterfront is of tall three to four storey properties. Although render is one of the prime materials used in the immediate area, in this instance it is proposed to use vertical slate cladding for the upper floors, stone on the ground floor and timber cladding detail. It is proposed to use natural and weathered materials to allow the property to blend naturally with the rock face behind.

2.8 Paragraph 3.10 of Planning Policy Wales (Edition 10, December 2018) state that ‘in areas recognised for their particular landscape, townscape, cultural or historic character and value it can be appropriate to seek to promote or reinforce local distinctiveness. In those areas, the impact of development on the existing character, the scale and siting of new development, and the use of appropriate building materials (including where possible sustainably produced materials from local sources), will be particularly important’.

2.9 Paragraph 3.16 continues to state that planning authorities ‘should not attempt to impose a particular architectural taste or style arbitrarily and should avoid inhibiting opportunities for innovative design solutions. If a decision maker considers that a planning application should not be approved because of design concerns they should ensure that these reasons are clearly articulated in their decision and justified with sufficient evidence’.

2.10 Whilst the design of the building is modern it reflects the vernacular architecture of Aberdyfi in terms of its height and uses traditional materials to the area. The proposed materials will also reduce its overall visual impact within the wider area. In this regard, it is considered this proposal would not adversely affect the setting of the conservation area and addresses the concerns raised by the former Head of Cultural Heritage.

3. Conclusion

3.1 With the adoption of the revised Eryri Local Development Plan (2016- 2031) the proposal for one new open market dwelling complies with Strategic Policy G and Development Policy 30.

3.2 The height, form and scale of the development is considered to be compatible with the character of the site and locality. Whilst the design is modern the development will not be unduly prominent in the landscape due to the use of natural materials; it is therefore considered that there would be no adverse impact on the setting of the conservation area.

3.3 Officers are of the opinion that the current proposal complies with the relevant policies identified and can now be supported.

Background Papers in Document Bundle No.1: Yes

RECOMMENDATION: To GRANT permission subject to relevant conditions:

1. The development hereby permitted shall be commenced before the expiration of five years from the date of this decision. 2. The development hereby permitted shall be carried out in accordance with the following approved plans: Drawing no. L02 Drawing no. PL01B 3. The roof of the dwellinghouse shall be covered with blue-grey slates from the Blaenau Ffestiniog area, or slates with equivalent colour, texture and weathering characteristics details of which shall be provided and approved in writing by the Local Planning Authority and retained thereafter. 4. Prior to any stonework commencing on the site, a trial stonework panel including pointing not less than 2.00 m² shall be constructed. No building operations in stone shall be carried out on the site unless and until the trial panel has been inspected and approved by means of a formal application to the Local Planning Authority. The stonework of the dwellinghouse shall be built in accordance with the approved sample. 5. All external doors and windows in the development hereby permitted shall be of timber construction and shall at all times thereafter be retained as timber. 6. No surface water and/or land drainage shall be allowed to connect directly or indirectly with the public sewerage network. 7. Notwithstanding the provision of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning General Permitted Development) (Amendment) (Wales) Order 2013 (or any Order revoking or re-enacting or amending that Order with or without modification) nothing shall operate so as to permit (within the area subject to this permission) any development referred to in the Parts and Classes of Schedule 2 to the Order, summarised below: PART 1: DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE Class A: The enlargement, improvement or other alteration of a dwellinghouse. Class B: The enlargement of a dwellinghouse consisting of an addition or alteration to its roof. Class C: Any other alteration to the roof of a dwellinghouse.

No such developments shall be carried out at any time within these Parts and Classes without the express grant of permission by the Local Planning Authority. Reason(s) for Condition(s): 1. To Comply with Section 91 (as amended) of the Town and Country Planning Act 1990 2. To define the permission and for the avoidance of doubt 3. To ensure a satisfactory standard of appearance of the development and the use of appropriate local building materials, in accordance with Eryri Local Development Plan Policies (2016-2031) and in particular policies 1, 6 and A. 4. To ensure a satisfactory standard of appearance of the development and the use of appropriate local building materials, in accordance with Eryri Local Development Plan Policies (2016-2031) and in particular policies A, 1 and 6. 5. To protect the character and appearance of the building and its setting in accordance with Eryri Local Development Plan Policies (2016-2031) and in particular Policies A, 1 and 6. 6. To prevent hydraulic overloading of the public sewerage system, to protect the health and safety of existing residents and ensure no pollution of or detriment to the environment. 7. The local planning authority considers that such development should be subject to formal control in order to safeguard the amenities of the area.

63 Cais Rhif / Application No. - NP5/50/415D

64 Cais Rhif / Application No. - NP5/50/415D

65 Cais Rhif / Application No. - NP5/50/415D

66 ITEM 4.5

Snowdonia National Park Authority Date: 06/03/2019 – Planning & Access Committee

Application Number: NP5/57/946C Date Application Registered: 30/08/18

Community: Dolgellau Grid Reference: 272363 318431

Case Officer: Mrs. Iona Roberts Location: Site near Llety'r Bugail, Pencefn, Dolgellau.

Applicant: Description: Mr. Robin Lewis Erection of 5 dwellings comprising 3 Derw Construction Ltd. terraced dwellings, and 2 semi-detached Ty'n y Gerddi with new vehicle/pedestrian access, and Rhydymain associated road and landscaping (Re- Dolgellau submission). Gwynedd LL40 2BU

Site: The site comprises of an area of approx. 0.15 hectares of land which slopes gently down to the south and faces onto a private estate road leading westwards from Pen y Cefn road on the north-western outskirts of the town. The land is surrounded by detached dwellings to the north, south and west. To the east are 6 semi-detached houses. Trees and hedges are present along the boundaries of the site with an ungated access in the north-western corner. The land is currently a vacant greenfield site.

Proposal: This application is for the erection of 5 dwellings comprising 3 terraced dwellings and 2 semi-detached dwellings. External materials are a mix of stone and render to external walls, slate roof and timber windows and doors.

As part of the development it is also proposed to construct a new vehicle access and associated road, parking areas and landscaping.

Consultee Responses: Dolgellau Town Council Object on the grounds of overdevelopment in this area, the development is conserved ‘back fill development’, lack of privacy to existing dwellings and increase pressure on the road network in the area.

Gwynedd Council - No objection. Even though the development Highways is likely to lead to an increase in the level of local traffic it is considered that this increase will not be significant. The site is located outside the adopted local road network, along a private road therefore the Transport Unit would not consider adopting the estate road. Dwr Cymru Recommend condition and advisory note in relation to surface water drainage and asset protection. Ecology No response received.

Responses as a result of site notice and neighbour consultation: Seven letters of objection/concern have been received from the owners of neighbouring properties. The objections/concerns are summarised as follows:  Development is incompatible with the area. High density development with small gardens is out of keeping for the area and will have a profoundly negative impact on the open and attractive outlook of the road.  Overlooking/loss of privacy.  Area already suffers with parking and access problems, increase in traffic and lack of ability to turn safely within grounds of properties will create highway safety issues.  Inadequate parking provision.  No evidence that there is a need for these dwellings.  History of the site, appeal dismissed for two bungalows in 2011 over effect on neighbouring properties amenities.  Increase in noise along quiet street.  Loss of habitat.  Not a sustainable location, on outer perimeter of the town up a steep lane where most people will drive to the shops rather than walking, will lead to increased car movements.  Increase in surface water discharge directly onto neighbouring properties.  Concerns over drainage.  Covenant in place preventing any development on the land.

Designations: Within housing development boundary

Publicity Undertaken: Site Notice: Yes Press Notice: No Neighbour Letters: Yes

Reason(s) Application Reported to Committee: Scheme of Delegation Town Council objection

Planning History: Application No. Details Decision NP5/57/946B Erection of 5 dwellings comprising 3 Refused 07- terraced dwellings, and 2 semi- Sep-2017 detached with new vehicle/pedestrian access, and associated road and landscaping NP5/57/PIAW946A Application for approval of reserved Refused matters for construction of 2 09/11/2010 dwellings and formation of new Appeal access dismissed 29/06/2011 NP5/57/946A Outline application for erection of two Approved dwellings 21/05/2007 NP5/57/946 Outline application for erection of two Approved dwellings 25/02/2004

Relevant Planning Policies – Eryri Local Development Plan: Policy No. Policy SP A National Park Purposes and Sustainable Development SP C Spatial Development Strategy SP G Housing DP 1 General Development Principles DP 6 Sustainable Design and Materials DP 30 Affordable Housing

1. Background

1.1 The site initially gained outline planning permission for the erection of two dwellings in 2004 (NP5/57/946) and again in 2007 (NP5/57/946A). A subsequent application for approval of reserved matters was later refused in 2010 (NP5/57/PIAW946A) for the reason that ‘the proposed development, by virtue of the siting of the bungalow closest to the southern boundary of the site, would have an unduly harmful effect on the outlook from the rear of Nos. 1 and 2 Ffrodd Pencefn. As such, it conflicts with policies PC3 and T1 of the Eryri Local Plan’. A subsequent appeal was dismissed.

1.2 In 2017 an application for the erection of 5 dwellings was submitted and subsequently refused for the following reasons:

i. By reason of the applicant being unwilling to enter into a section 106 agreement to secure the affordability of the proposed dwellings to meet a local need, this application is in conflict with Strategic Policy G of the adopted Eryri Local Development Plan.

ii. The proposed development would cause significant and unacceptable harm to neighbouring residential amenity by means of overlooking. The development is therefore contrary to Development Policy 1 of the Eryri Local Development Plan which seeks to ensure that new development will not significantly harm the amenity of neighbouring properties.

2. Assessment

Principle of Development

2.1 Dolgellau is designated as a Local Service Centre for the purposes of the Eryri Local Development Plan. Development Policy 30 would seek 20% affordable housing contributions within Local Service Centres on sites of 5 dwellings or more. As the proposed development comprises of 5 dwellings, one dwelling would be expected to be an affordable dwelling.

2.2 Development Policies 1 and 6 are also relevant and seek that:  the height, form and scale of the development is compatible with the capacity and character of the site and locality;  the development is not unduly prominent in the landscape and will not significantly harm the amenity of neighbouring property.; and  the materials are sympathetic to and enhance their surroundings;  adequate provision of car parking and on-site turning areas are provided where necessary which are appropriate to the scale of the proposed development. Car parking surfaces should be permeable where appropriate to the development; and  The traffic implications of the development do not result in volumes or types of traffic which will create highway or safety problems on the local road network, or significantly harm the landscape or amenity of local people.

2.3 Based on the policy context outlined above the principle of the development is considered acceptable.

Main Considerations

2.4 The applicant has shown a willingness to enter into a s106 agreement to secure one of the five proposed dwellings as an affordable dwelling. The proposal would therefore comply in full with the requirements of Strategic Policy G and Development Policy 30.

2.5 The design and use of materials within the development are considered acceptable and sympathetic to their surroundings. The immediate area does not have a particularly distinctive character with a mix of detached and semi-detached dwellings of one or two storeys;

therefore the area could accept variety in terms of design and type of new dwellings.

2.6 Concerns were previously raised regarding overlooking, not only of neighbouring properties but also within the proposed development site itself. The current proposal has overcome officers previous concerns with overlooking of existing neighbouring properties with the omission a first floor window on the east elevation on plot 5; the first floor windows on the gables to Plot 1 and 3 are both bathroom windows which can be conditioned to provide obscure glazing. There is sufficient distance between the proposed dwellings and the existing properties to the north and south of the site to alleviate any detrimental impact on their amenities.

2.7 With regards to overlooking within the development site it is generally considered that this is given less weight than overlooking of existing dwellings; however, it is still appropriate to seek to protect the amenity of the future occupiers of the new dwellings. Each case will need to be assessed on its merits, which involves assessment of not only physical distance between windows, but also the nature of the space in between and the type of rooms involved. In this instance the main concern relates to the bedroom windows at first floor level at Plots 1-3 directly overlooking the front of Plots 4 and 5 (with windows and roof lights to bedrooms) at a distance of between 13 and 17 metres. Bedrooms facing bedrooms (which are not regarded as main habitable rooms) do not create such a serious a problem as a living room/bedroom or living room/living room confrontation. Potential overlooking at ground floor (living rooms to bedrooms) can be alleviated by appropriate fencing and landscaping and safeguarded by condition. It should also be noted that the dwellings at the front and rear of the site are not positioned parallel to each but at an angle therefore further reducing any potential overlooking. Overall it is officer’s opinion that there would be no significant impact on the amenity of future occupants of the properties within the development site.

Response to objections

2.8 With regards to concerns of overdevelopment, in accordance with Strategic Policy G residential developments should make the best use of land and the Authority will seek a density of 30 dwellings per hectare for residential developments unless there are local circumstances such as the character of the locality that suggest a lower density may be more appropriate. The proposed development has a density of 33.3 dwellings per hectare. Whilst this may be higher than the prevailing pattern in the immediate area it is comparatively similar to the row of 6 semi-detached dwellings east of the site and is considered acceptable in this location.

2.9 Gwynedd Council Highways have acknowledged that the development is likely to lead to an increase in the level of local traffic, however they

have concluded that this increase will not be significant enough to cause concern. Highways have also not raised any concerns with regards to parking provision; the applicant has taken their advice following the previous application to amend the parking arrangements.

2.10 A number of the concerns raised are with regard to a restrictive covenant on the land prohibiting any buildings being erected on the land. Such covenants are matters of purely private interest and are not relevant to the planning merits of the case.

2.11 Officers have carefully considered all other concerns raised; however, these are not considered sufficient reasons to refuse the application.

3 Conclusion

3.1 The nature, height, form and scale of the development is considered to be compatible with the character of the site and locality and the materials proposed would be sympathetic to their surroundings. There would be no significant impact on the amenity of neighbouring properties in terms of overlooking or noise; adequate provision of car parking are provided and the traffic implications of the development are not considered to be significant. The proposal would therefore comply with the requirements of Development Policies 1 and 6.

3.2 The proposal would also fully comply with the requirements of Development Policy 30, i.e. provision of 20% affordable housing.

3.3 It is recommended therefore that the application is approved subject to the successful completion of a s106 agreement to secure one affordable dwelling.

Background Papers in Document Bundle No.1: Yes

RECOMMENDATION: To GRANT permission subject to the following conditions:

1. The development hereby permitted shall be commenced before the expiration of five years from the date of this decision. 2. The development hereby permitted shall be carried out in accordance with the following approved plans: Drawing no. L01 - Location Plan Drawing no. PL01B - Proposed Site Plan Drawing no. PL02B - Elevations and Floor Plans Plots 1-3 Drawing no. PL03B - Elevations and Floor Plans Plots 4&5 3. The roofs of the dwellinghouses shall be covered with blue-grey slates from the Blaenau Ffestiniog area, or slates with equivalent colour, texture and weathering characteristics details of which shall be provided and approved in writing by the Local Planning Authority and retained thereafter.

4. The type and colour of the external wall render shall be approved by means of a formal application to the Local Planning Authority. 5. Prior to any stonework commencing on the site, a trial stonework panel including pointing not less than 2.00 m² shall be constructed. No building operations in stone shall be carried out on the site unless and until the trial panel has been inspected and approved by means of a formal application to the Local Planning Authority. The stonework of the dwellinghouses shall be built in accordance with the approved sample. 6. Prior to the occupation of the dwellings hereby approved a plan indicating the height, design, materials and type of boundary treatment to be erected shall be submitted to and approved in writing by means of a formal application to the Local Planning Authority. The boundary treatment shall be completed as approved before the dwellings are occupied. 7. All external doors and windows in the development hereby permitted shall be of timber construction and shall at all times thereafter be retained as timber. 8. The first floor windows on the gable of the dwellings on Plot 1 and 3 shall be non-opening and fitted with obscure glass and shall at all times thereafter be retained as such. 9. Notwithstanding the provision of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning General Permitted Development) (Amendment) (Wales) Order 2013 (or any Order revoking or re-enacting or amending that Order with or without modification) nothing shall operate so as to permit (within the area subject to this permission) any development referred to in the Parts and Classes of Schedule 2 to the Order, summarised below: PART 1: DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE Class A: The enlargement, improvement or other alteration of a dwellinghouse. Class B: The enlargement of a dwellinghouse consisting of an addition or alteration to its roof. Class C: Any other alteration to the roof of a dwellinghouse. Class D: The erection or construction of a porch outside any external door of a dwellinghouse. Class E: The provision within the curtilage of the dwellinghouse, of any building or enclosure, , raised platform, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building, enclosure, platform or pool; or a container used for domestic heating purposes for the storage of oil or liquid petroleum gas. Class F: The provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse as such; or the replacement in whole or in part of such a surface. PART 2: MINOR OPERATIONS Class A: Gates, fences, walls and other means of enclosures.

PART 40: INSTALLATION OF DOMESTIC MICROGENERATION EQUIPMENT No such developments shall be carried out at any time within these Parts and Classes without the express grant of permission by the Local Planning Authority. Reason(s) for Condition(s): 1. To Comply with Section 91 (as amended) of the Town and Country. Planning Act 1990. 2. To define the permission and for the avoidance of doubt. 3. To ensure a satisfactory standard of appearance of the development and the use of appropriate local building materials, in accordance with Eryri Local Development Plan Policies (2016-2031) and in particular policies 1, 6 and A. 4, 5. To ensure a satisfactory standard of appearance of the development and the use of appropriate local building materials, in accordance with Eryri Local Development Plan Policies (2016-2031) and in particular policies A, 1 and 6. 6. To safeguard the visual appearance of the overall development and to preserve neighbouring amenities in accordance with Eryri Local Development Plan Policies (2016-2031) and in particular Development Policy 1. 7. To protect the character and appearance of the building and its setting in accordance with Eryri Local Development Plan Policies (2016-2031) and in particular Policies A, 1 and 6. 8. To protect the amenity and privacy of neighbouring properties (in particular 4 Pencefn Road) in accordance with Eryri Local Development Plan Policies (2016-2031) and in particular Policy 1. 9. The local planning authority considers that such development should be subject to formal control in order to safeguard the amenities of the area.

75 CAIS RHIF / APPLICATION NO. NP5/57/946C

VISITOR PARKING

PARKING

Existing trees/hedging to be retained. Additional hedging to be planted where required.

Denotes visibilty line 2.4m 1 back from access road. 45m is easily achievable in both directions. PARKING 2 F.F.L 100.500 Existing manhole 2400 3 F.F.L 100.500

F.F.L 100.500

TURNING AREA

DRIVE ENTRANCE CONSTRUCTION The Access shall be constructed so that there is clear visibility from a point 1.05m above ground level at the centre of the access and 2.4m from the edge of the adjoining road, to points 0.26m above ground level at the edge of the adjoining carriageway and achieves minimum 45m in both directions. Areas within visiblity splays to be kept clear of any planting or constructions which would obstruct the visibility.

The drive entrance is to be minimum 3m wide (4m shown). The first 5.5 m of the drive shall be surfaced with 160mm DRIVE Macadam surfacing comprising 60mm binder course and 100mm base course on a minimum of 350mm compacted MOT Type 1 Sub Base. Maximum gradient of first 5.5m to be 1 in 15 and laid to fall into new gullies which discharge into new soakaways on both side of entrance. Soakaways to be designed following porosity test. No surface water shall discharge onto road.

Remaining drive to be laid with compacted crushed stone. PARKING PLANTING STRATEGY General planting of native tree species to be of mainly broadleaved, deciduous species to include a variety of the following short growing Common Hawthorn (Crataegus PARKING Monogyna), Rose Dog (Rosa Canina), Spindle (Euonymus), 4 5 as well as a selection of short growing fruit trees such as F.F.L 99.150 F.F.L 99.150 Apple (Malus Domestica), Cherry (Prunus Cerasus), Pear (Pyrus Communis) & Juniper (Juniperus Communis). All trees selected to be a mixture of the above mentioned native species. The local provenance of all trees purchased should be demonstrated to ensure their suitability for the proposed site based on the soil quality & position of the site.

All shrubs to be native species with local provenance to the site. Species considered to include Blackthorn, Broom, Dogwood, Elder, Goat Willow, Guelder Rose, Hawthron, Hazel, Holly, Osier, Privet, Purging Buckthorn, Spindle & Wayfaring Tree.

CYNLLUN SAFLE SITE PLAN 0 10m SCALE

B D-D

102.000

101.000

100.000

99.000

98.000

97.000 TORIAD B-B Revisions SECTION B-B Client GEORGE + TOMOS Mr Lewis PENSEIRI : ARCHITECTS Cyf. 12 Heol Penrallt . Machynlleth . Powys . SY20 8AL 01654 700337 www.georgetomos.co.uk - [email protected] 0845 280 3040 PROPOSED SITE PLAN

Project Job Nr. Drawing Nr. DEVELOPMENT 14 / 27 PL01B Graddfa / Scale Dyddiad / Date @ FFORDD PEN Y CEFN, Dolgellau 1:100 @A1 1:200 @A3 Aug '18 JD MAE HAWLFRAINT Y DARLUN A'R DYLUNIAD HWN YN EIDDO I GEORGE+TOMOS CYF NI CHEIR EI GOPIO NA'I AILGYNHYRCHU MEWN UNRHYW FFORDD HEB GANIATAD YSGRIFENEDIG 76 THE PROPERTY OF THIS DRAWING AND DESIGN IS VESTED IN GEORGE+TOMOS CYF AND MUST NOT BE COPIED OR REPRODUCED IN ANY WAY WITHOUT THEIR WRITTEN CONSENT CAIS RHIF / APPLICATION NO. NP5/57/946C

Slate roof

Stonework

YSTAFELL WELY 2 YSTAFELL WELY 3 YSTAFELL WELY 2 YSTAFELL WELY 3 YSTAFELL WELY 3 YSTAFELL WELY 2 BEDROOM 2 BEDROOM 3 BEDROOM 2 BEDROOM 3 BEDROOM 3 BEDROOM 2

LANFA LANFA LANFA LANDING up up up LANDING YSTAFELL YMOLCHI YSTAFELL YMOLCHI LANDING YSTAFELL YMOLCHI BATHROOM BATHROOM BATHROOM EDRYCHIAD FLAEN EDRYCHIAD OCHR FRONT ELEVATION SIDE ELEVATION

YSTAFELL WELY 1 YSTAFELL WELY 1 YSTAFELL WELY 1 PV / Solar panels Slate hanging BEDROOM 1 BEDROOM 1 BEDROOM 1

Render finish CWP'DD CWP'DD CWP'DD CUP'D CUP'D CUP'D

CYNLLUN LLAWR CYNTAF FIRST FLOOR PLAN

0 5m SCALE

EDRYCHIAD GEFN EDRYCHIAD OCHR REAR ELEVATION SIDE ELEVATION

LOLFA LOLFA LOLFA LOUNGE LOUNGE LOUNGE

CWP'DD CWP'DD CWP'DD CUP'D CUP'D CUP'D

MAN BWYTA up MAN BWYTA up up MAN BWYTA DINING AREA DINING AREA DINING AREA

CEGIN CEGIN CEGIN KITCHEN CYNTEDD KITCHEN CYNTEDD CYNTEDD KITCHEN LOBBY LOBBY LOBBY

W.C. W.C. W.C.

Revisions Client GEORGE + TOMOS Mr Lewis PENSEIRI : ARCHITECTS Cyf. 12 Heol Penrallt . Machynlleth . Powys . SY20 8AL 01654 700337 www.georgetomos.co.uk - [email protected] 0845 280 3040 PROPOSED CYNLLUN LLAWR DDAEAR TORIAD CYFFREDINOL Project Job Nr. Drawing Nr. GROUND FLOOR PLAN DEVELOPMENT 14 / 27 PL02B TYPICAL SECTION Graddfa / Scale Dyddiad / Date 0 5m @ FFORDD PEN Y CEFN, Dolgellau 1:50/100 @A1 SCALE 1:100/200 @A3 Aug '18 JD MAE HAWLFRAINT Y DARLUN A'R DYLUNIAD HWN YN EIDDO I GEORGE+TOMOS CYF NI CHEIR EI GOPIO NA'I AILGYNHYRCHU MEWN UNRHYW FFORDD HEB GANIATAD YSGRIFENEDIG 77 THE PROPERTY OF THIS DRAWING AND DESIGN IS VESTED IN GEORGE+TOMOS CYF AND MUST NOT BE COPIED OR REPRODUCED IN ANY WAY WITHOUT THEIR WRITTEN CONSENT CAIS RHIF / APPLICATION NO. NP5/57/946C

Slate roof

Stonework

YSTAFELL WELY 1 YSTAFELL YMOLCHI YSTAFELL YMOLCHI YSTAFELL WELY 1 BEDROOM 1 BATHROOM BATHROOM BEDROOM 1 EDRYCHIAD FLAEN EDRYCHIAD OCHR FRONT ELEVATION SIDE ELEVATION

LANFA LANFA PV / Solar panels LANDING LANDING Render finish YSTAFELL WELY 2 up up YSTAFELL WELY 2 BEDROOM 2 BEDROOM 2

EDRYCHIAD GEFN EDRYCHIAD OCHR CYNLLUN LLAWR CYNTAF REAR ELEVATION SIDE ELEVATION FIRST FLOOR PLAN

0 5m SCALE

MAN BWYTA MAN BWYTA DINING AREA DINING AREA

LOLFA LOLFA LOUNGE LOUNGE

CEGIN CEGIN KITCHEN KITCHEN

up up

YSTAFELL WELY 3 / SWYDDFA YSTAFELL WELY 3 / SWYDDFA BEDROOM 3 / OFFICE CYNTEDD CYNTEDD BEDROOM 3 / OFFICE LOBBY LOBBY YSTAFELL CAWOD YSTAFELL CAWOD TORIAD CYFFREDINOL SHOWER ROOM SHOWER ROOM TYPICAL SECTION

Revisions Client GEORGE + TOMOS Mr Lewis PENSEIRI : ARCHITECTS Cyf. 12 Heol Penrallt . Machynlleth . Powys . SY20 8AL 01654 700337 www.georgetomos.co.uk - [email protected] 0845 280 3040 PROPOSED CYNLLUN LLAWR DDAEAR Project Job Nr. Drawing Nr. GROUND FLOOR PLAN DEVELOPMENT 14 / 27 PL03B Graddfa / Scale Dyddiad / Date @ FFORDD PEN Y CEFN, Dolgellau 1:50/100 @A1 0 5m 1:100/200 @A3 Aug '18 JD MAE HAWLFRAINT Y DARLUN A'R DYLUNIAD HWN YN EIDDO I GEORGE+TOMOS CYF NI CHEIR EI GOPIO NA'I AILGYNHYRCHU MEWN UNRHYW FFORDD HEB GANIATAD YSGRIFENEDIG SCALE 78 THE PROPERTY OF THIS DRAWING AND DESIGN IS VESTED IN GEORGE+TOMOS CYF AND MUST NOT BE COPIED OR REPRODUCED IN ANY WAY WITHOUT THEIR WRITTEN CONSENT CAIS RHIF / APPLICATION NO. NP5/57/946C

FRONT ELEVATION – TERRACED HOUSES

SEMI DETACHED HOUSES

79 CAIS RHIF / APPLICATION NO. NP5/57/946C

REAR ELEVATION - TERRACED HOUSES

SITE OVERVIEW – REAR ELEVATIONS

80 ITEM 4.6

Snowdonia National Park Authority Date: 06/03/2019 – Planning & Access Committee

Application Number: NP5/57/1152 Date Application Registered: 06/12/18

Community: Dolgellau Grid Reference: 272638 318168

Case Officer: Mrs. Iona Roberts Location: 4 Frondirion, Dolgellau.

Applicant: Description: Frederic Robinson Ltd. Change of use of second and third floors c/o Agent into two houses of multi-occupation.

Site: The application site relates to the second and third floors of 4 Frondirion which is a four storey property of stone construction located along Pencefn .

Proposal: The proposal involves the change of use of the second and third floors of the property which are currently two separate flats (use class C3) into two houses of multi-occupation (use class C4). The ground and first floor accommodation (which forms one residential unit) does not form part of this application.

No physical changes are proposed to the units, other than improvements to the fixtures and fittings to comply with HMO licensing requirements.

Consultee Responses: Dolgellau Town Council Object on the grounds of parking problems and increase in traffic in an area that already suffers with high level of traffic, and questions whether the building is appropriate (in terms of its location) to be used as a HMO. Gwynedd Council - No recommendations as the development is Highways not considered to have an adverse effect on any highway. The number of bedrooms are to stay the same therefore there are no requirements to provide additional parking. Policy No response received.

Responses as a result of site notice and neighbour consultation: Eleven letters of objection have been received directly from local residents. The Town Council have also forwarded additional letters of objection that were received by them. The objections/concerns are summarised as follows:  Increase volume of occupants will impact on the character of the street (mainly family homes);  HMO not conductive to neighbouring harmony due to probable changes in occupants and concerns over safety;  Living next to property where occupants are transient gives concerns to privacy of neighbouring properties which are overlooked;  Loss of two possible flats for local families;  Unsociable shift pattern of occupants will lead to an increase in noise and anti-social behaviour;  If local people were employed there would be no requirement for HMO as they would already be living in the community;  Limited public transport available to potential occupants to expect them not to rely on private car;  Inadequate parking and access;  Danger to school children from increase in traffic;  Extra strain on existing sewerage system.

Designations: Within housing development boundary

Publicity Undertaken: Site Notice: Yes Press Notice: No Neighbour Letters: Yes

Reason(s) Application Reported to Committee Scheme of Delegation Town Council object

Planning History: None

Relevant Planning Policies – Eryri Local Development Plan: Policy No. Policy SP A National Park Purposes and Sustainable Development SP C Spatial Development Strategy DP 1 General Development Principles

1. Background

1.1 Houses in Multiple Occupation (HMO) are residential units occupied by three or more unrelated individuals as their main residence and share basic amenities like a bathroom, toilet or cooking facilities.

1.2 This application is submitted to accommodate staff working at the Royal Ship in Dolgellau and the George III in Penmaenpool. They will consist of private bedrooms with shared sitting rooms, kitchens and bathroom facilities and will accommodate up to 4 occupants in each unit.

2. Assessment

Principle of Development

2.2 There are no specific policy within the ELDP relating to HMO’s, therefore the proposed development must be assessed against general development policies and on material planning considerations. Development Policy 1 is the most relevant which seeks that:  the nature and scale of the development is compatible with the capacity and character of the site and locality;  the development will not significantly harm the amenity of neighbouring property;  adequate provision of car parking is provided where necessary and which are appropriate to the scale of the development; and  the traffic implications of the development do not result in volumes of traffic which will create highways or safety problems on the local road network, or significantly harm the landscape or amenity of local people.

2.3 Based on the policy context outlined above the principle of the development is considered acceptable.

Main Considerations

2.4 It should be noted that Dolgellau does not have a high concentration of HMO’s therefore the common problems that are generally associated with high concentrations of this type of accommodation are unlikely to have a significant impact on the area. These common problems are outlined in paragraph 1.5 of the Welsh Government’s Practice Guidance on Houses in Multiple Occupation (March 2017) and are as follows:  Damage to social cohesion with higher levels of transient residents and fewer long term households and established families, leading in the long term to communities which are not balanced and self-sustaining;  Access to the area for owner occupiers and first time buyers becoming much more difficult because of increased house prices and competition from landlords, with a reduction in the number of family homes;

 Increases in anti-social behaviour, noise, burglary and other crime;  Reduction in the quality of the local environment and street scene as a consequence of increased litter, refuse and fly tipping, increased levels of disrepair and prevalent letting signs;  A change of character in an area through a tendency for increased numbers of takeaways, discount food stores and letting agencies;  Increased pressure on parking;  Reduction in provision of community facilities for families and children, in particular pressure on schools through falling rolls.

2.5 The layout of the existing flats lend themselves to accommodate between 2 and 4 people in each flat (whether as a couple/family or individuals). Any potential increase in the number of occupants would therefore be minimal and their use as HMOs is unlikely to result in a use that is substantially different in character.

2.6 The existing parking arrangements for all three units at 4 Frondirion consists of one small off-street parking space, the existing garage can also accommodate an additional car. There are no proposed changes to the parking provision as part of this application.

2.7 Paragraph 4.1.51 of Planning Policy Wales (PPW) – Edition 10 (December 2018) states that ‘parking provision should be informed by the local context, including public transport accessibility, urban design principles and the objective of reducing reliance on the private car and supporting a modal shift to walking, cycling and public transport. Planning authorities must support schemes which keep parking levels down, especially off-street parking, when well designed’.

2.8 It is acknowledged that there is already a lack of parking provision for the existing property and in the area as a whole. However, Gwynedd Council Highways have commented that as the number of bedrooms are to stay the same there would be no requirement to provide additional parking as part of this proposal. The fact that a HMO is to be provided in a sustainable location on the fringe of a town that benefits from essential facilities and public transport (the nearest bus stop located approx. 440 meters from the property) would add to the argument that there is no need for additional parking provision. The applicant also proposes to provide bike storage to encourage the use of sustainable transport.

Response to objections

2.9 Numerous concerns have been raised with regards to the effect on residential amenity (i.e. overlooking, noise and general disturbance from prospective occupants). It has been established that the use of the properties as HMO’s is unlikely to result in a use that is substantially different in character than the existing (C3) residential

use. The proposal is unlikely to effect the privacy of neighbouring properties by way of overlooking beyond the current situation as there are no proposals to carry out any external alterations. Additionally, any increase in noise or general disturbance is likely to be negligible compared with the potential noise that could emanate from a family home given the limited number of proposed occupants. It is also argued that the comings and goings of the occupants could be no different from that associated with a typical household who work on a shift basis.

2.10 A substantial proportion of the concerns received were related to the lack of parking provision and the effect of the proposed development on traffic movement along Pencefn Road. Gwynedd Council Highways have not raised any concerns with any potential increase in traffic and the parking provision. The applicant has also taken the opportunity to address the concerns relating to parking provision in more detail (see document bundle). Whilst the lack of on-site parking is less than ideal, in light of the comments received from Highways and taking into account the contents of PPW, officers consider that there is no justifiable reason to oppose the proposal on lack of parking.

2.11 Officers have carefully considered all other concerns raised; however, these are not considered sufficient reasons to refuse the application.

3 Conclusion

3.1 Overall it is considered that the nature and scale of the proposed development would be compatible with the capacity and character of the site and locality in which it would be located and would not cause significant harm to neighbouring residential amenity. Whilst the existing parking provision is lacking, Highways have confirmed that there would be no requirements provide additional parking above that which already exists and there are no concerns with potential traffic implications.

3.2 It is concluded therefore that the proposed development would comply with Development Policy 1 of the adopted Eryri Local Development Plan 2016-2031.

Background Papers in Document Bundle No.1: Yes

RECOMMENDATION: To GRANT permission subject to the following conditions:

Reason(s) for Condition(s): 1. To Comply with Section 91 (as amended) of the Town and Country Planning Act 1990. 2. To define the permission and for the avoidance of doubt.

90 ITEM 4.7

Snowdonia National Park Authority Date: 06/03/2019 – Planning & Access Committee

Application Number: NP5/70/9L Date Application Registered: 09/10/18

Community: Llangywer Grid Reference: 290418.8 332170.9

Case Officer: Mrs. Sara Thomas Location: Land adjoining Plas Gywair, Llangywair.

Applicant: Description: Mr. Mark Adcock Erection of detached garage. Plas Gywair Llangywair Y Bala LL23 7BY

Site: Land adjoining Plas Gywair, Llangywair.

Proposal: Erection of detached garage and change of use of land to form extension to domestic curtilage.

Consultee Responses: Llangywair Community Council Object Gwynedd Council - Highways Conditions and advisory notes recommended Ecology No comments received

Designations: Open Countryside Adjacent to shaded building within Smaller Settlement of Llangywer Adjacent to Grade II Listed Building

Publicity Undertaken: Site Notice: Yes Press Notice: N/A Neighbour Letters: Yes

Reason(s) Application Reported to Committee: Delegation Scheme Community Council objecting to proposal

Planning History: None relevant.

Relevant Planning Policies – Eryri Local Development Plan 2016-20131 Policy No. Policy 1 General Development Principles 6 Sustainable Design and Materials D Natural Environment Ff Historic Environment

Assessment:

1 Site

1.1 The site is located within the smaller settlement of Llangywer on part of an agricultural field,located between Troed y Glyn, a two storey dwelling built within the last 10 years and Plas Gywair and its associated buildings which are Grade II Listed Buildings.

2 Proposal

2.1 The proposal involves the change of use of land to domestic curtilage including construction of a detached garage at the corner of the field adjacent to the gates to Plas Gywair together with the construction of a drive / turning space. Access from the highway is shown to be gained through the existing field access.

2.2 The garage is shown having a footprint of 44m2 and a height to apex of c.4.5m. Externally the garage is shown clad in natural stone on its south, eastern and western elevation, on its rear elevation waney edge horizontal timber cladding is shown. A naturals slate roof is proposed and timber window frames. No garage door is proposed only a large opening and no gate is proposed on the access.

2.3 This is a revised proposal following the withdrawal of a previous application for a similar building which was located close to the former stable buildings at Plas Gywair within the curtilage of the listed building.

2.4 An unregistered application for the conversion of former stable buildings at Plas Gywair has been received by the Authority, it remains unregistered as a full bat survey is required which cannot be undertaken until May.

3 Consultation responses

3.1 The Community council has objected to the application detailing the following reasons –  Buildings are available within the existing curtilage if another garage is required  Development within an open field  Development is located close to private dwellinghouse  There are windows in the development which would have and adverse impact on the privacy of neighbours  Noise from the garage will disturb neighbours

3.2 One further letter of concern has been received from the residents of the nearest residential dwelling. They raise concerns that this is development in open countryside and it would be close to a private dwellinghouse leading to a risk of disturbance, noise and overlooking rising from the development.

3.3 Cyngor Gwynedd Highways department have no objection to the proposal subject to conditions and advisory notes being included as part of any approval.

3.4 One of the conditions requested by Cyngor Gwynedd Highways department requires a visibility splay of 30m to be achieved for the access which would result in the removal of a large section of hedgerow. In consultation with the applicants agent the highways department has agreed to waive their requirement for this condition as due to the amount of traffic that use the country lane and the likely speed of traffic.

4 Policy considerations

Principle of Development

4.1 The most relevant polices to consider in relation to this proposal includes Development Policy 1 and 6, which seek to ensure that:

 The nature, location, siting and scale of the development is compatible with the capacity and character of the site.  The development is not unduly prominent in the landscape and does not significantly harm the amenity of neighbouring property.  Reflects good design standards and uses materials that are sympathetic to or enhance their surroundings.  The development does not result in the loss of landscape features, including hedgerows, dry stone walls.  An appropriate access meeting highway standards exists or can be provided without harm to the character of the locality or neighbouring amenity.

4.2 Also relevant is Strategic Policy D: where proposals should ensure that the natural environment is protected and enhanced.

4.3 As the development would be located adjacent to a listed building consideration should also be given to Strategic Policy Ff in terms of any impact on its setting or any significant views.

4.4 Based on the policy context outlined above the principle of the development is considered acceptable.

Main considerations

4.5 This proposal involves the extension of the domestic curtilage of Plas Gywair including the construction if a detached garage and associated hardstanding area.

4.6 The site is located on improved grassland at the centre if the village between Plas Gywair and two dwellings which have been constructed within the last ten years.

4.7 Cyngor Gwynedd Highways department has no objection to the proposal however they did initially request that a large section of hedge was removed but have now withdrawn this requirement.

4.8 As no part of the existing hedgerow is now to be removed and the site is located on improved grassland the Authority’s ecologist has no objection to the proposal.

4.9 The design and materials proposed for the garage will complement that of Plas Gywair and its other curtilage buildings. As the garage would be separate from the existing curtilage, it is considered that its construction would not have any adverse impact on the setting of the listed building.

4.10 Concerns have been raised by the Community Council and one of the neighbouring dwellings residents in relation to this proposal.

4.11 While other existing buildings are located within the curtilage of Plas Gywair, siting the new garage on adjacent land would have less impact on the setting of the listed building.

4.12 The garage would be located adjacent to the boundary of the neighbouring Coed a Glyn but would be no nearer than Glyndwr, the neighbouring dwelling on the other side.

4.13 While the garage would be located within a green-field site it does lie immediately adjacent to a domestic garden, next to a shaded building and across the narrow road from Plas Gywair and its associated buildings.

4.14 It would not be anticipated that the garage would have any significant noise impact on the neighbouring dwelling.

4.15 A mature hedge is located between the site and the adjoining neighbouring curtilage will minimise any overlooking, especially as the garage proposed is a single storey building. A condition can also be imposed to ensure that the window on the east elevations is non- opening and fitted with obscure glazing to further protect the amenity and privacy of Troed y Glyn.

5 Conclusion

5.1 Taking the above assessment into consideration, and having considered all the relevant matters including the current local and national policies and guidance, as well as all the objections and observations received, it is considered that this proposal is acceptable and satisfies the requirements of the relevant policies as noted above.

Background Papers in Document Bundle No.1: Yes

RECOMMENDATION: To approve the application subject to the following conditions:

1. The development hereby permitted shall be commenced before the expiration of five years from the date of this decision. 2. The development hereby permitted shall be carried out in accordance with the following approved plans: 301[3]01A 304[3]41 304[3]42 3. The roof of the garage shall be covered with blue-grey slates from the Blaenau Ffestiniog area, or slates with equivalent colour, texture and weathering characteristics details of which shall be provided and approved in writing by the Local Planning Authority and retained thereafter. 4. Prior to any stonework commencing on the site, a trial stonework panel including pointing not less than 2.00 m² shall be constructed. No building operations in stone shall be carried out on the site unless and until the trial panel has been inspected and approved by means of a formal application to the Local Planning Authority. The stonework of the garage shall be built in accordance with the approved sample. 5. All external doors and windows in the development hereby permitted shall be of timber construction and shall at all times thereafter be retained as timber. 6. The window on the east elevation of the garage shall be non-opening and fitted with obscured glass and shall at all times thereafter be retained as such. 7. The garage shall not be occupied other than for purposes ancillary to the residential use of the dwelling known as Plas Gywair as outlined in green on the attached plan. 8. Notwithstanding the provision of the Town and Country Planning (General Permitted Development) Order 1995 (as amended by the Town and Country Planning General Permitted Development) (Amendment) (Wales) Order 2013 (or any Order revoking or re-enacting or amending that Order with or without modification) nothing shall operate so as to permit (within the area subject to this permission) any development referred to in the Parts and Classes of Schedule 2 to the Order, summarised below: PART 1: DEVELOPMENT WITHIN THE CURTILAGE OF A DWELLINGHOUSE Class E: The provision within the curtilage of the dwellinghouse, of any building or enclosure, , raised platform, swimming or other pool required for a purpose incidental to the enjoyment of the dwellinghouse as such, or the maintenance, improvement or other alteration of such a building, enclosure, platform or pool; or a container used for domestic heating purposes for the storage of oil or liquid petroleum gas. Class F: The provision within the curtilage of a dwellinghouse of a hard surface for any purpose as such: or the replacement in whole or in part of such a surface.

Class H: The installation, alteration or replacement of a microwave antenna on a dwellinghouse or within the curtilage of a dwellinghouse. No such developments shall be carried out at any time within these Parts and Classes without the express grant of permission by the Local Planning Authority. 9. Nothwithstanding the provisions of Section 55 (2)(d) of the Town and Country Planning Act 1990, no caravan shall be positioned within the curtilage of the dwellinghouse hereby approved without the express grant of permission by the local planning authority. 10. The access shall remain ungated at all times. 11. The Applicant shall take all appropriate measures to prevent surface water from within the curtilage of the sites to discharge onto the county highway . Reason(s) for Condition(s): 1. To Comply with Section 91 (as amended) of the Town and Country Planning Act 1990 2. To define the permission and for the avoidance of doubt 3. To ensure a satisfactory standard of appearance of the development and the use of appropriate local building materials, in accordance with Eryri Local Development Plan Policies (2016-2031) and in particular policies 1, 6 and A. 4, 5. To ensure a satisfactory standard of appearance of the development and the use of appropriate local building materials, in accordance with Eryri Local Development Plan Policies (2016-2031) and in particular policies A, 1 and 6. 6. To protect the amenity and privacy of neighbouring properties (in particular Troed y Glyn) in accordance with Eryri Local Development Plan Policies (2016-2031) and in particular Policy 1. 7. To ensure that the development is only used for purposes ancillary to the existing dwelling and to prevent the creation of an unjustified separate dwelling in accordance with the Eryri Local Development Plan Policies (2016-2031) and in particular Policy 14 and SPG 11. 8. To protect the character and appearance of the building and its setting in accordance with Eryri Local Development Plan Policies (2016-2031) and in particular Policies A, 1 and 6. 9. The Local Planning Authority considers that such development should be subject to formal control to safeguard the visual amenities of the area. 10, 11. In the interest of highway safety and convenience.

100 ITEM 4.8

Snowdonia National Park Authority Date: 06/03/2019 – Planning & Access Committee

Application Number: NP5/71/AD38A Date Application Registered: 07/12/18

Community: Llanuwchllyn Grid Reference: 287779 331416

Case Officer: Mrs. Iona Roberts Location: Caer Gai, Llanuwchllyn.

Applicant: Description: Mr. Tomos Jones Installation of 5 infomation panels. Awdurdod Parc Cenedlaethol Eryri Swyddfa'r Parc Cenedlaethol Penrhyndeudraeth Gwynedd LL48 6LF

Site: Caer Gai is a Grade II* listed Roman fort located approx. 1 mile north of Llanuwchllyn, The house and working farm sits within a large Roman camp of rectangular plan, the ramparts and ditches of which remain well-defined.

Proposal: The proposal involves the installation of 5 steel information panels which are to be attached to existing stone walls in and around the archaeological site. The size of the panels vary between 0.3m2 and 0.7m2. No illumination is proposed.

Consultee Responses: Community Council Llanuwchllyn Support

Responses as a result of site notice and neighbour consultation: n/a

Designations: Open countryside Scheduled Ancient Monument (Caer Gai Roman site)

Publicity Undertaken: Site Notice: n/a Press Notice: No Neighbour Letters: No

101

Reason(s) Application Reported to Committee Scheme of Delegation Application by Snowdonia National Park Authority on 3rd party land.

Planning History: n/a

Relevant Planning Policies – Eryri Local Development Plan: Policy No. Policy SP A National Park Purposes and Sustainable Design SP Ff Historic Environment DP 1 General Development Principles DP 10 Advertisement and signs

1. Background

1.1 This proposal forms part of the final schedule of works for a heritage management project led by Snowdonia National Park Authority to improve accessibility and interpretation facilities at the archaeological site.

1.2 Schedule Monument Consent has been obtained from CADW to carry out the work.

2. Assessment

Principle of Development

2.1 The Welsh Government’s Technical Advice Note (TAN) 7 states that: ‘The general approach to dealing with advertisement applications is similar to the process of dealing with planning applications but with two important differences. First, the display of outdoor advertisements can only be controlled in the interests of amenity and public safety. Second, it is accepted that (with one minor exception in Areas of Special Control, where an applicant needs to show a reasonable requirement for an advertisement) anyone proposing to display an advertisement needs that advertisement in that particular location, whether for commercial or other reasons.’

2.2 Development Policy 10 will permit advertisements or private signs on premises where all the following criteria are satisfied: i. The sign does not harm the character of a building or a prominent view. i. The sign is not internally illuminated. ii. The size and scale of the sign does not detract from the character, appearance or the setting of the host building, or the surrounding landscape and does not resemble a highway sign.

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2.3 The development would also be required to comply with Strategic Policy Ff which seeks to ensure there would be no adverse affect on the setting of Scheduled Monuments and other sites of archaeological importance.

2.4 Based on the policy context outlined above the principle of the development is considered acceptable.

Main Considerations

2.5 It is accepted that the information panels are required to improve accessibility and interpretation facilities at the archaeological site and to promote the opportunity for the understanding and enjoyment of the ‘Special Qualities’ of the area by the public. It is theretofore appropriate to assess the proposal in the interests of amenity, public safety and the effect on the setting of the Scheduled Monument and Grade II* Listed Building in the vicinity.

2.6 The installation of the information panels on existing stone walls is considered to have no detrimental impact on the character or setting of the Scheduled Monument or Listed Building. The size and scale of the panels would not detract from the surrounding landscape. No illumination is proposed, therefore the panels will not be unduly prominent in the landscape.

2.7 The proposal would not cause any concern for public safety.

3 Conclusion

3.1 The proposal would comply with the requirements of Development Policy 1 and 10 and Strategic Policy Ff whereby it would not detract from the character, appearance or the setting of the surrounding landscape or heritage assets.

3.2 The proposal would also comply with Strategic Policy A by promoting opportunities for the understanding and enjoyment of the ‘Special Qualities’ of the area by the public.

3.2 It is recommended therefore that the application is approved.

Background Papers in Document Bundle No.1: Yes

RECOMMENDATION: To GRANT permission subject to the following conditions:

1. The advertisements and any associated fittings shall be removed from the site in its entirety no later than 5 years from the date of this decision or 5 years after the date of completion of building operations, whichever first occurs.

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2. The advertisement hereby permitted shall be displayed strictly in accordance with drawing numbers and specifications: (to be confirmed). 3. The advertisement hereby permitted shall at no time be illuminated by any means. Reason(s) for Condition(s): 1. To comply with Regulation 13(5) of the Town and Country Planning (Control of Advertisements) Regulations 1992. 2. In accordance with Eryri Local Development Plan Policies (2016-2031) and in particular Development Policy 10. 3. To safeguard the visual amenities of the area and in accordance with Eryri Local Development Plan Policies (2016-2031) and in particular Development Policy 10.

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105 CAIS RHIF / APPLICATION NO. NP5/71/AD38A The Site of Caer Gai - Location of Proposed Panels

Caergai

I I I I I I / D. / / D. /

, ,,. ,. D. /,,. ,,. ,/ / ,,. Well / / , / / / I I I I I I I I I I I • Panel 1 I • Panel 2 o Panel 3 • Panel 4 o Panel 5

100 m

Graddfa / Scale: 1: 1,400 © Hawlfraint y Goron a hawliau cronfa ddata 2018 OS 100022403 Awdurdod Pare Cenedlaethol Eryri � Snowdonia National Park Authority © Crown copyright and database rights 2018 OS 100022403 Swyddfa'r Pare Cenedlaethol � National Park Office Creawdwr I Creator: Tomas Jones Penrhyndeudraeth Hawlfraint Awdurdod Pare Cenedlaethol Eryri. Gwynedd Dyddiad / Date: 23/11/2018 Copyright Snowdonia National Park. 'if 01766 770274 LL48 6LF 106 CAIS RHIF / APPLICATION NO. NP5/71/AD38A

Paneli dehongli Caer Gai

Panel dehongli 1 (1000mm x 700mm) – panel croesawu ymwelwyr gan gynnwys map o’r safle:

Panel dehongli 2 (600mm x 500mm) – panel amdan adeiladau restredig a pobl o pwysigrwydd hanesyddol y safle:

107 CAIS RHIF / APPLICATION NO. NP5/71/AD38A

Panel dehongli 3 (600mm x 500mm) – panel amdan anheddiadau sifil (vici) Rhufeinig oedd ar y safle:

Panel dehongli 4 (900mm x 600mm) – panel amdan y caer Rhufeinig oedd ar y safle:

108 CAIS RHIF / APPLICATION NO. NP5/71/AD38A

Panel dehongli 5 (700mm x 500mm) – panel amdan y gwesty (mansio) a baddondy Rhufeinig oedd ar y safle:

Esiampl - y math panel fydd yn cael ei ddefnyddio ar y safle (rhyn peth a sydd yn Tomen y Mur a Dyffryn Ardudwy):

Nodyn: mi fydd gyd o’r paneli wedi ei osod i waliau y safle. Yn ychwanegol, mae’r cynlluniau wedi cael ei ddrafftio mewn partneriaeth hefo Cadw ac mae caniatad gweithio o fewn heneb cofrestredig ynglyn a’r gwaith dehongli yma yn ei le.

109 CAIS RHIF / APPLICATION NO. NP5/71/AD38A

Caer Gai Interpretation Panels

Interpretation Panel 1 (1000mm x 700mm) – a welcome panel for visitors including a map of the site:

Interpretation panel 2 (600mm x 500mm) – a panel about the listed buildings and historically significant people at the site:

110 CAIS RHIF / APPLICATION NO. NP5/71/AD38A

Interpretation panel 3 (600mm x 500mm) – a panel about the Roman civil settlements (vici) that were at the site:

Interpretation panel 4 (900mm x 600mm) – a panel about the former Roman fort that was at the site:

111 CAIS RHIF / APPLICATION NO. NP5/71/AD38A

Interpretation panel 5 (700mm x 500mm) – a panel about the Roman hotel (mansio) and bathhouse that was at the site:

Example – the type of panel that will be used at the site (similar to that used at Tomen y Mur and in Dyffryn Ardudwy):

Note: all of the panels will be mounted to the walls on site. In addition, the plans have been drafted in partnership with Cadw and scheduled monument consent has been granted for this interpretative work.

112 ITEM 5.1

PLANNING AND ACCESS COMMITTEE 6 MARCH 2019

ENFORCEMENT NOTICES, LISTED BUILDING ENFORCEMENT NOTICES SERVED UNDER DELEGATED POWERS AND LIST OF COMPLIANCE CASES

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SNOWDONIA NATIONAL PARK AUTHORITY

PLANNING AND ACCESS COMMITTEE, 6TH MARCH 2019

LIST OF COMPLIANCE CASES

SECTION 215 NOTICES SERVED UNDER DELEGATED POWERS

Reference Date Served Location of Site Details of Planning Breach Date Notice Period of Takes effect Compliance NP5/55/ENFL142A 18/02/2019 3 Glandwr, Bryncrug Untidy Condition of the Land at 3 Glandwr, 22nd March 10 months Bryncrug 2019

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SNOWDONIA NATIONAL PARK AUTHORITY

PLANNING AND ACCESS COMMITTEE, 6TH MARCH 2019

LIST OF COMPLIANCE CASES

New cases

Reference Date of initial Location of Site Details of Planning Current Position complaint or Breach Date observed by Compliance Officers

1 NP5/53/ENF431D November 2018 32 Tegid Street, Bala Permanent Residents Contact made with the owner and a site staying at Bunkhouse meeting arranged for the week commencing the 18th February 2019. 2 NP5/58/ENF144K December 2018 Land at Tan y Coed, Siting of Static Caravan Contact made with the owner of the land. Site Talybont used for Residential meeting arranged for the 15th February 2019. Purposes 3 NP5/58/ENF616 December 2018 Land adjacent Coed y Siting of Static Caravan Contact made with the owner and a site Bachau, Dyffryn Ardudwy used for Residential meeting has taken place. Further information Purposes to be sought. 4 NP5/73/ENFT417 January 2019 Pen y Bont, Gellilydan Poor condition of Building The building was the subject of a fire during 2018. An application for a replacement dwelling has been received but currently remains incomplete.

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5 NP5/74/ENFL442A January 2019 Capel Peniel, Mallwyd Poor condition of the Currently trying to make contact with the owner Chapel of the land.

Awaiting Retrospective Application/Listed Building Consent Application/CLEUD Application

6 NP2/11/ENF542A November 2018 Ty’n y Coed, Beddgelert Erection of Detached Contact made with the owner of the land and a Building site meeting has taken place. To submit a retrospective planning application to try to regularise the development.

7 NP4/26/ENF332 September 2018 Coedfa, Betws y Coed Property split into Two Contact made with the owner of the properties. Holiday Lets Appears the separation has taken place many years ago. Advised to submit a Certificate of Lawful Use application.

8 NP5/51/ENF458B November 2018 Farch Ynys Farm, Untidy Condition of Land & Site meeting taken place where it was noted Bontddu Possible Unauthorised the condition of the land had improved. Use of Agricultural Planning permission is required for the Building installation of a biomass boiler within the agricultural building. The owner has intimated they will submit a retrospective planning application in an attempt to try to regularise the installation.

9 NP5/61/ENF132 December 2018 Pant Mawr, Harlech Engineering Operations & Site owner has appointed an agent who is Construction of Retaining currently arranging the submission of a Walls retrospective planning application for the retention of retaining walls and site boundary treatment at the upper most corner (plot 13) of the site. The application will also include variations noted in respect to the site layout at this corner of the site. The works should not affect the use of the nature trail.

116

10 NP5/62/ENF57W November 2018 Cae Nest, Llanbedr Erection of agricultural Site visit’s and correspondence with landowner building taken place. Retrospective application to be submitted.

11 NP5/70/ENF6F October 2018 Maesafallon, Rhosygwalia Engineering & Excavation Site meeting held with the owner. Advised to Works cease all further works and to submit a retrospective planning application in an attempt to try to retain what development has already taken place.

12 NP5/71/ENF433B December 2017 Land Near Pont Lliw, Footpath Bridge not in Site meeting held with the contractors. Llanuwchllyn Accordance with the Awaiting the submission of a retrospective Approved Plan planning application.

Retrospective Application Received

13 NP4/12/ENF225A October 2018 Ty Pandy, Rowen Engineering Operations Retrospective planning application submitted in an attempt to try to regularise the works.

14 NP5/57/ENFL557E September 2018 National Farmers Union, Installation of Air Retrospective planning application submitted in Cartref Amaeth, Lion Conditioning Unit an attempt to regularise the installation. Street, Dolgellau

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Awaiting further Information or Replies to a Planning Contravention Notice or a Section 330 Notice

15 NP2/16/ENF448 May 2017 Hendre Ddu Quarry, Cwm Unauthorised Quarrying Site meeting held, advised to submit a Pennant planning application to regularise the matter.

16 NP3/15/ENF180G November 2018 Land Adjacent to 3 Bryniau Dumping of Building Site meeting held. Requested removal of the Gerddi, Llanberis Waste Material waste material by the 18th February 2019. An inspection will take place after this date.

17 NP3/21/ENF35C July 2018 Pant Hwfa, LLanllechid Annexe not in Site meeting held with the owner. Planning Accordance with the Contravention Notice served to obtain further Approved Plans & information about the annexe and how it is Conditions being used. Advised to submit an application in an attempt to regularise the breaches found.

18 NP3/21/ENF35D May 2018 Pant Hwfa, Llanllechid Unauthorised Camp Site meeting held with the owner. Currently Site, erection of a BBQ assessing the situation. The owner has hut and creation of Two intimated they will be submitting a Holiday Cottages retrospective planning application.

19 NP4/16/ENF405 March 2018 Land Opposite Tan y Castell, Dumping of Building Owner advised to clear the land of building Dolwyddelan Material and Waste materials and restoring the land back to its original state. Also advised to remove the touring caravan. Site visit undertaken in January 2019 where it was noted the building material and waste was still on the land. Enforcement Notice currently being drafted.

20 NP5/55/ENFL142A June 2017 3 Glandwr, Bryncrug Untidy Condition of Section 215 Notice served on the 18th Property February 2019. To take effect on the 22nd March 2019 unless an appeal is made beforehand.

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21 NP5/55/ENF196D October 2018 Land adjacent to Bronwylfa, Siting of a Static Site meeting held with the owners. The static Bryncrug Caravan is currently being stored on the land. Advised planning permission is required for the siting of the static caravan. Requisition for Information served under Section 330 of the Town and Country Planning Act and replies received. A planning application has recently being received which includes the siting of the static caravan.

22 NP5/57/ENF1030D May 2018 Former Workshop Site, Non-compliance of Contact made with the owner of the land and Glyndwr Street, Dolgellau Section 215 Notice advised not all of the requirements of the Section 215 notice have been complied with. Currently in discussion to finalise full compliance with the Section 215 Notice. Apparent works are now taking place to comply with the Notice.

23 NP5/71/ENF473 June 2017 Bronant Stores, 1 Pen y Untidy Condition of the The Authority understand the owner, as stated Banc, Llanuwchllyn Building on the land registry, has passed away. Awaiting confirmation of the next of kin.

Cases where formal action is being considered/has been taken.

24 NP5/61/ENF23P June 2013 St. Davids Hotel, Harlech Untidy Condition of The Authority are exploring the possibility of Building initiating ‘direct action’ under Section 219, to attempt to secure the demolition of the hotel.

Construction of a bat barn has commenced and due to be completed in March 2019.

The bat barn is to potentially facilitate the demolition of the hotel (but subject to achieving the necessary funding).

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25 NP5/71/ENF474A March 2018 Glofer, Llanuwchllyn Siting of Two Enforcement Notice served 30th October 2018. Containers within Enforcement Notice Appeal submitted and Garden commenced 21st December 2018. Appeal site visit to take place on the 21st February 2019.

26 NP5/77/ENF115G September 2016 Lizzie’s Barn, Llandecwyn, Barn being Used for Site meeting took place on the 4th September Talsarnau Permanent Residential 2018. Currently assessing the information Occupation in breach of obtained at this meeting to progress the matter a CLEUD which only forward. The matter is currently with the stipulates 4 months’ Authority’s Solicitor. residential use.

Listed Building Cases

27 NP5/69/ENFLB326A September 2018 Ty Gwyn, Llwyngwril Possible Change of Use Contact made with the owners of the property. to Holiday A site meeting has taken place. Advised to Accommodation for submit the relevant applications in an attempt to Large Groups & try to regularise the use and the works that have alterations to a Listed taken place. A retrospective planning Building application has been received in respect to the use.

28 NP5/71/ENFLB372A April 2017 Glan yr Afon, Llanuwchllyn Unauthorised Works to a Site meeting held with the owners of the land. Listed Building. To submit the relevant listed building consent application in respect to works already carried out and for proposed future works.

120 ITEM 5.2

PLANNING AND ACCESS COMMITTEE 6 MARCH 2019

PLANNING, ENFORCEMENT NOTICE, AND CERTIFICATES OF LAWFUL USE APPEALS SUBMITTED AND AWAITING DECISION

121

SNOWDONIA NATIONAL PARK AUTHORITY

PLANNING AND ACCESS COMMITTEE, 6th MARCH 2019

PLANNING, ENFORCEMENT NOTICE, AND CERTIFICATES OF LAWFUL USE APPEALS SUBMITTED AND AWAITING DECISION

No. Application No. Description & Location Procedure/Status Case Officer

1 NP2/11/191D Conversion of part of workshop to live/work Written representations Sara Thomas unit, Y Wenllys, Nantmor.

2. NP5/71/ENF474A Siting of Two Containers within Garden Written representations Jane Jones Glofer, Llanuwchllyn.

3. NP5/75/126G Use of land for siting of 4 mobile Written representations Iona Roberts cabins/pods together with associated parking area, Cefn Crib Caravan Park, Pennal, Machynlleth.

Number of appeals on list = 3

Number of appeals on committee list 23rd January 2019 = 3

Number of appeals Determined Granted Dismissed Withdrawn Number of appeals dismissed as % 01/04/18 – 31/03/18 5 2 3 0 60% 01/04/17 – 31/03/18 7 3 4 0 57% 01/04/16 – 31/03/17 13 4 9 1 69% 01/04/15 – 31/03/16 10 5 5 0 50% 01/04/14 – 31/03/15 13 3 10 0 77%

122 ITEM 5.3

PLANNING AND ACCESS COMMITTEE 6 MARCH 2019

SECTION 106 AGREEMENTS

123

SNOWDONIA NATIONAL PARK AUTHORITY PLANNING AND ACCESS COMMITTEE, 6th MARCH 2019 SECTION 106 AGREEMENTS

Application Date Location Development Present Position No. application was received

1 NP5/61/LB32J 16/01/13 The Plas, High Change of use of part of ground floor Applicant and agent given Street, Harlech restaurant to dwelling. deadline for submission of information.

Number of applications on committee list 23rd January 2019 = 2

APPLICATIONS SUBJECT TO A SECTION 106 AGREEMENT AND WHICH HAVE BEEN COMPLETED SINCE PLANNING & ACCESS COMMITTEE 23rd JANUARY 2019

Application No. Location Development

NP5/78/T296 Land at former Primary School, Demolition of former primary school and construction of 11 affordable Aberdyfi. dwellings with new access road and parking areas

APPLICATIONS SUBJECT TO A SECTION 106 AGREEMENT WHICH HAVE BEEN REFUSED, WITHDRAWN, OR DISPOSED, OR WHERE AN AGREEMENT IS NO LONGER NECESSARY SINCE PLANNING & ACCESS COMMITTEE 23rd JANUARY 2019

Application No. Location Development

124 ITEM 5.4

PLANNING AND ACCESS COMMITTEE 6 MARCH 2019

OUTSTANDING APPLICATIONS WHERE MORE THAN 13 WEEKS HAVE ELAPSED

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SNOWDONIA NATIONAL PARK AUTHORITY

PLANNING AND ACCESS COMMITTEE 6th MARCH 2019

OUTSTANDING APPLICATIONS WHERE MORE THAN 13 WEEKS HAVE ELAPSED

Awaiting Welsh Government Highways

NP5/54/289E 26/04/16 The Old Creamery, Rhydymain. Demolish existing redundant structures and erect new kitchen workshop with showroom.

Deferred

NP3/16/28 01/08/18 Land adjacent to Ogwen Car Park, Nant Ffrancon, Erection of 15m high timber clad monopole supporting 3 no. antennas and 2 no. dish Bethesda. antennas together with ground based equipment cabinets and ancillary development. NP4/29/482 11/05/18 Land at Moel Llechwedd Hafod, Cwm Penmachno. Erection of 25m high lattice telecommunications mast supporting 3 no. antennas and 2 no. 0.6m dish antennas together with 3 no ground based equipment cabinets , generator, satellite dish and ancillary development enclosed within secure compound

Awaiting Response from Agent

NP5/55/60G 08/03/18 Land adjacent to. Clydfan, Ffordd y Felin, Bryncrug. Construction of 4 dwellings (2 affordable and 2 open market) together with the installation of a sewage treatment plant and extension to estate road,

Discussions with Natural Resources Wales

NP2/11/52G 05/09/18 Pen-y-Pass Car Park, Nant Gwynant Telecommunications equipment.

Total applications on list = 5

Total applications on list Committee 23rd January 2019 = 8

126 ITEM 5.5

127 ITEM 6.0

PLANNING AND ACCESS COMMITTEE 6 MARCH 2019

DELEGATED DECISIONS

128

SNOWDONIA NATIONAL PARK AUTHORITY

PLANNING AND ACCESS COMMITTEE 06/03/2019

DELEGATED DECISIONS

Applications approved

App no Proposal Location Decsion Case Officer Date 1. NP2/11/LB318C Listed Building Consent for the retention of Buarthau, Nant 21/01/19 Mr. Arwel Ll Thomas works not in accordance with consent Gwynant. LL55 4NL NP2/11/LB318 for the construction of new single and two storey extensions, new porch, proposed new window and door openings, rooflights and internal alterations 2. NP2/11/LB318E Change use of part of dwelling to holiday Buarthau, Nant 21/01/19 Mr. Arwel Ll Thomas accommodation Gwynant. LL55 4NL 3. NP3/10/2B Installation of rooflights and external Henffordd Cottage, 14/02/19 Mrs. Sara Thomas insulation Abergwyngregyn. LL33 0LY 4. NP3/12/173B Part retrospective application for erection of Cwm Bychan, Betws 14/01/19 Mr Geraint Evans agricultural building Garmon. LL54 7YT 5. NP4/12/122C Erection of single storey side extension Minafon, Rowen. LL32 04/02/19 Mrs. Sara Thomas 8YT 6. NP4/13/134B Discharge of Condition 4 of Planning Consent Drws-y-Coed, Capel 11/02/19 Mr Richard Thomas NP4/13/134A dated 18/11/2011 Curig. LL24 0EE 7. NP4/16/404B Proposed discharge of conditions 3 1 Prince Llewelyn 31/01/19 Mr Richard Thomas (Japanese Knotweed eradication plan) and 4 Terrace, Dolwyddelan. (timing of works) attached to planning LL25 0DJ approval NP4/16/404 dated 05/06/2018 8. NP4/30/156B Retrospective application for raised decking Trwyn yr Wylfa, Conwy 24/01/19 Mr Richard Thomas to site 6 tipis and for the siting of 2 timber Old Road, pods for use as shower rooms, Penmaenmawr. LL34 6SF 9. NP4/30/156C Proposed siting of 5 additional touring Trwyn yr Wylfa, Conwy 24/01/19 Mr Richard Thomas caravans and construction of hardstandings Old Road, Penmaenmawr.

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10. NP4/31/8F Extension to existing agricultural building Ty Nant Llan, Ysbyty 31/01/19 Mr Richard Thomas Ifan. LL24 0NT 11. NP4/32/194A Demolition of existing conservatory and Glan Gors, Trefriw. 11/02/19 Mr Richard Thomas erection of single storey extension LL26 0PW 12. NP5/50/12M Application to discharge Condition 4 of Trefeddian Hotel, 01/02/19 Mrs. Sara Thomas Planning Permission NP5/50/12L dated Aberdyfi. LL35 0SB 23/06/2017 13. NP5/50/1A Demolish existing garage and balcony and 6 Tyddyn Isaf, Aberdyfi. 13/02/19 Mrs. Iona Roberts erection of replacement extension with LL35 0ER balcony and installation of external wall insulation. 14. NP5/51/684B Demolish existing dwelling and construction Tan y Bryn, Glandwr, 08/02/19 Mrs. Iona Roberts of replacement dwelling Abermaw. LL42 1TG 15. NP5/52/384A Discharge Condition 3 of Planning Consent Land at Cefn-yr-Owen 19/02/19 Mrs. Sara Thomas NP5/52/384 dated 07/08/2018 Isaf, Penmaenpool. LL40 1TP 16. NP5/54/396A Construction of two storey and single storey Oreira, Llanfachreth. 07/02/19 Mrs. Iona Roberts extensions LL40 2DH 17. NP5/56/155 Proposed hydro-electric scheme (95kw) Cwm Cadian, 22/01/19 Mrs. Iona Roberts comprising intake weir, buried pipeline, Pantperthog. turbine building, outflow and grid connection 18. NP5/58/613 Construction of single storey side extension, Pant Yr Wylan, Dyffryn 21/01/19 Mrs. Iona Roberts alterations to windows, conversion of garage Ardudwy. LL44 2BL to bedroom and replacement of polycarbonate lean-to roof with pitched glass roof over sun lounge 19. NP5/58/615 Demolish existing single storey flat roof Dyffryn Ardudwy. LL44 13/02/19 Mrs. Iona Roberts extensions and the erection of two storey 2RX extensions 20. NP5/58/72J Non-material amendment to Planning Plot 1, Tan y Foel, 05/02/19 Mrs. Iona Roberts Permission NP5/58/72D for alterations to Ffordd y Capel, Dyffryn window & door materials Ardudwy. 21. NP5/58/72K Application to vary condition no. 17 of Tan y Foel, Ffordd y 01/02/19 Mrs Jane Jones planning permission NP5/58/72B dated Capel, Dyffryn 05/08/2014 to amend site layout Ardudwy. 22. NP5/58/L205K Conversion of store/ games room to two self- Sarnfaen Farm 14/02/19 Mrs. Sara Thomas catering holiday accommodation units Caravan Park, Talybont. LL43 2AQ

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23. NP5/59/511G Erection of rear sheds to serve dwellings on Land to rear of 15/01/19 Mr Aled Lloyd plots 1-4, 6, 11-14 and erection of attached Penrhiw, Llan garages on plots 5, 9, 10, 15 and 16, and Ffestiniog. alterations to external appearance to incorporate bay windows and cladding, 24. NP5/59/793 Single storey rear extension Alaw Cynfal, 20 Ty'n y 06/02/19 Mrs. Sara Thomas Maes, Llan Ffestiniog. LL41 4NW 25. NP5/61/580H Removal of Condition 5 of Planning Consent 1-4 Nant-y-Mynydd, 12/02/19 Mr Richard Thomas NP5/61/580A dated 21/02/2017 Hwylfa'r Nant, Harlech. 26. NP5/61/625 Creation of new access and alteration to Car Park, Bron y Graig 01/02/19 Mrs. Sara Thomas layout to allow buses to use the car park Uchaf, Harlech. 27. NP5/63/277 Erection of agricultural building Tyddyn Barwn, 14/02/19 Mrs. Sara Thomas Llandderfel. LL23 7RH 28. NP5/65/279D Retrospective application to retain agricultural Land near A470(T), 30/01/19 Mr Geraint Evans building Maes Mawr, Llanelltyd. 29. NP5/65/356 Construction of extensions and external Gwynant, Llanelltyd. 13/02/19 Mrs. Sara Thomas alterations LL40 2SU 30. NP5/66/70N Non-material amendment to Planning Land to the rear of 14/01/19 Mrs. Sara Thomas Permission NP5/66/70M dated 16/03/2018 to Llwyn Onn, Pant yr omit stonework to front and rear elevations Onnen, Llanfair. 31. NP5/66/LB175A Listed Building Consent to re-roof main house Llwyn Hwlcyn, 22/01/19 Mr. Arwel Ll Thomas with new slates with insulating membrane and Llanbedr. LL45 2HT re-adjusting openings to receive new conservation type rooflights. 32. NP5/66/LB175B Replace rooflights with conservation type Llwyn Hwlcyn, 22/01/19 Mr. Arwel Ll Thomas rooflights (6 located on West Elevation and 1 Llanbedr. LL45 2HT on East Elevation) 33. NP5/69/LB326B Retrospective application for change of use Ty Gwyn, Llwyngwril. 07/02/19 Mrs Jane Jones from outdoor education centre to holiday LL37 2QB accommodation for large groups of people (in excess of 25)

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Applications Refused

App no Proposal Location Reason for refusal Case Officer

1. NP5/50/635A Alterations and extension to 17 Mynydd Isaf, 21/01/19 Mrs. Iona Roberts dwelling including ground Aberdyfi. LL35 0PH and first floor extensions By reason of its scale the proposed development, together with the existing extension, garage and decking, would amount to overdevelopment of the site. The proposal is therefore in conflict with Development Policy 1 of the Eryri Local Development Plan, which requires the form and scale of the development to be compatible with the capacity and character of the site, and locality within which it is located and would not detract from the character and form of the existing dwelling.

By reason of its design, form and use of materials the proposed development would be considered incongruous additions to the existing dwelling. The proposal is therefore in conflict with Development Policies 1, 6 and 15 of the Eryri Local Development Plan, which requires development within the domestic curtilage of a dwelling not to detract from the character and form of the existing dwelling or its setting in the landscape and uses materials that are sympathetic to or enhance their surroundings

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2. NP5/65/263D Non-Material Amendment Allt Fach, Bryn Du, 06/02/19 Mrs. Iona Roberts to Planning Consent Llanelltyd. LL40 2TA NP5/65/263A dated In the opinion of the Snowdonia National 17/12/2008 to alter existing Park Authority the amendments proposed window/door openings, are considered to be 'material' remove rooflights, amend amendments in nature as they will result in position of flue, alterations a material form of change to the original to porch, alter wall finishes planning permission. As such the changes to lower substructure and proposed cannot be deemed a 'non- change balcony guarding. material' change and will require the benefit of a new planning permission.

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Penderfyniad ar yr Apêl Appeal Decision Ymweliad â safle a wnaed ar 12/12/2018 Site visit made on 12/12/2018 gan Richard Duggan BSc (Hons) by Richard Duggan BSc (Hons) DipTP DipTP MRTPI MRTPI Arolygydd a benodir gan Weinidogion Cymru an Inspector appointed by the Welsh Ministers

Dyddiad: 16/01/2019 Date: 16/01/2019

Appeal Ref: APP/H9504/A/18/3212460 1 Ty Bodfor, Rhes Bodfor, Aberdyfi LL35 0EA

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. • The appeal is made by Mr Andrew Speers against the decision of Snowdonia National Park Authority. • The application Ref NP5/50/133E, dated 11 January 2018, was refused by notice dated 11 April 2018.

• The development proposed is change of use from C1 to C3 (Dwelling).

Decision

1. The appeal is dismissed.

Preliminary Matter

2. The applicant’s name is given as Mr Andrew Spers on the application form. However, the appeal form and other correspondence and evidence submitted with the appeal refers to the Appellant as Mr Andrew Speers, and I have used this spelling of his name in the details set out above.

Main Issue

3. The main issue is whether in the light of local and national policies, the proposed conversion is acceptable having regard to the mechanism to secure a contribution to local affordable housing.

Reasons

4. The appeal proposal seeks to change the use of the property from a guest house to a dwelling. Whilst the Authority does not object to the principle of the change of use, the application was refused on the basis that the Appellant was unwilling to enter into to a Section 106 Agreement1 for an appropriate commuted payment for affordable housing elsewhere within the Authority area.

5. Strategic Policy G: Housing of the Adopted Eryri Local Development Plan, 2011 states that new housing within the National Park will be required to meet the need of local communities, and proposals must take appropriate account of local housing needs in terms of size, type and tenure of dwellings. It goes on to state

1 based on that section of The Town & Country Planning Act 1990

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that the delivery of housing will be on allocated sites and unallocated sites, and seeks to achieve 50% affordable housing from conversions. Planning Policy Wales also places considerable emphasis on the importance of the provision of affordable housing to meet local needs.

6. The methodology for calculating commuted sums is contained in the Authority’s Supplementary Planning Guidance (SPG) 4: Affordable Housing, 2011. The SPG was adopted following public consultation and I have treated the document as providing no more than guidance which can assist in the assessment of applications for new dwellings including the application of LDP Strategic Policy G. Therefore, it provides a context upon which to implement adopted development plan policy rather than attempting to introduce new policy, and I afford it considerable weight.

7. It is clear to me that the relevant policy provision seeks 50% affordable housing for all conversions. The proposal is for a single dwelling and 50% affordable housing cannot be achieved and in these circumstances it would be appropriate to seek a contribution towards its provision (a commuted payment). Based on the methodology of the SPG the Authority has requested a commuted sum payment of £30,000. I consider that this would meet the relevant policy tests as set out in 2 Circular 13/97 and the 3 statutory tests set out in Regulation 122 of The Community Infrastructure Levy Regulations 2010. Snowdonia National Park Authority would be entitled to seek a commuted payment secured by a planning obligation in these circumstances.

8. The Authority confirms that it would be prepared to negotiate the level of payment if a developer can prove that extreme abnormal development or other costs would otherwise render the development unviable. The Appellant has submitted two Building Surveys3 which provide information on the value of the property, evidence of the damp at basement level and the cost of works required to address the problem. In addition, the Appellant highlights the external works that are required to preserve the fabric of the building which includes pointing, painting, chimney repairs, gas meter and pipework replacement totalling between £38,281 and £45,281.

9. It is clear that the building requires maintenance and repair works, and I saw on my site visit that work has already commenced. Nevertheless, these issues would have been expected when purchasing a property of this age and within such a harsh seaside environment. Indeed, a letter from the Appellant’s surveyor4 clearly demonstrates that the Appellant was aware of the repairs that were required at the time of purchasing the property and this led to a significant reduction in the price paid for it to take these costs into account. Therefore, I am not persuaded that the maintenance and repairs costs warrant a reduction in the amount of commuted payment required as part of the proposed development.

10. The Appellant’s grounds of appeal also questions whether the lawful use of the property is a C3 dwelling rather than a guest house, claiming that the building was being used as a permanent dwelling from around 2000 and the council tax has been paid throughout. Be that as it may, and having regard to the information provided on the planning application forms and the planning history

2 Circular 13/97 Planning Obligations 3 Building Survey prepared by John Moody, 4 October 2017; Survey Report & Proposal prepared by Peter Cox Ltd, 26 October 2017 4 Letter dated 10 May 2018 from John Moody

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of the property, I am satisfied that the lawful use of the property is a guest house. The Appellant did not dispute that an affordable housing contribution was required throughout the application process by initially offering £5,000 and subsequently increasing the offer to £10,000 to be payable upon a future sale. In this regard, the Appellant has also submitted a signed and dated planning obligation confirming the payment of £10,000 to Snowdonia National Park Authority. This casts further doubt over the Appellant’s argument regarding the lawful use of the property.

11. On the basis of the evidence presented I consider that a commuted sum payment of £30,000 towards the provision of affordable housing elsewhere within the National Park is appropriate in this case. Therefore, the proposed development would conflict with Strategic Policy G of the LDP and would be contrary to the guidance set out within the Authority’s affordable housing SPG.

12. Although the appeal building lies within the Aberdyfi Conservation Area (CA) there would be limited external works associated with the proposed change of use. Having regard to the duty imposed by Section 72(1) of the Town and Country Planning (Listed Buildings and Conservation Areas) Act 1990, I find that the proposal would preserve the character and appearance of the CA.

13. In reaching my decision, I have taken into account the requirements of sections 3 and 5 of the Well Being of Future Generations (Wales) Act 2015. I consider that this decision is in accordance with the Act’s sustainable development principle through its contribution towards the Welsh Ministers’ well-being objective of supporting safe, cohesive and resilient communities.

14. Having regard to the above, I conclude that the appeal should be dismissed.

Richard Duggan

INSPECTOR

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