PWYLLGOR DYDDIAD: 16/04/2012 SIAMBR DAFYDD ORWIG CYNLLUNIO DATE: CHAMBER CAERNARFON PLANNING COMMITTEE

EITEM CAIS RHIF CYMUNED LLEOLIAD ITEM APPLICATION COMMUNITY LOCATION NUMBER

1 C08D/0257/40/AM Llannor Tir Ger / Land Nr. - Dolydd, Y Ffor, 2 C11/0690/14/LL Caernarfon Hendy Farm, Pant Road, Caernarfon 3 C11/0984/34/LL Clynnog Tyddyn Soar, Llys Eben, Clynnog Fawr 4 C11/1007/45/LL Pwllheli Gimblet Rock Caravan Park, Pwllheli 5 C11/1103/15/AM Llanberis Tir ger / land near, Ty Du Road, Llanberis 6 C11/1113/16/LL Llandygai Chwarel Penrhyn Quarry, Bethesda 7 C12/0079/40/LL Llannor Cyn / Former - Harlech Frozen Foods, Y Ffor 8 C12/0195/33/LL Buan Plas Yng Ngheidio, Boduan 9 C12/0211/11/LL Bangor Tir ger Stryd y Deon / Land adjacent Dean Street, Bangor 10 C12/0208/39/LL Llanengan Maes Carafanau Pant Gwyn Cottage, Sarn Bach, Abersoch 11 C12/0352/41/LL Llanystumdwy Tir ger / Site adjacent Wern, Chwilog

Number: 1

Application Number: C08D/0257/40/AM Date Registered: 12/06/2008 Application Type: Outline Community: Llannor Ward: Abererch

Proposal: CONSTRUCTION OF FOUR SINGLE-STOREY DWELLINGS AND FIVE TWO-STOREY DWELLINGS Location: LAND NR. - DOLYDD, Y FFOR, PWLLHELI, GWYNEDD

Summary of the TO DELEGATE POWERS TO APPROVE SUBJECT TO SIGNING A Recommendation: SECTION 106 AGREEMENT.

1. Description:

1.1 An outline application to construct a terrace of four single-storey dwellings and five two-storey dwellings together with an associated estate road which would form an extension to the existing small estate road. This outline application includes giving consideration to the location of the buildings and the means of access. The site plan submitted indicates that the single-storey dwellings would be two-bedroomed and the two-storey dwellings three-bedroomed, and that a garage would be associated with two of the two-storey dwellings.

1.2 The site lies within the development boundary of the village and the land has been designated for housing. A site which has been designated for safeguarding employment is located to the east of the site. Dwellings are situated to the north and west of the site and open fields to the south. A public footpath runs through part of the site and it would appear that the course of this path was obstructed as a result of the development of Council housing many years ago. The proposal will obstruct the course of this path and consideration must be given to diverting or abolishing it if the application is to be approved. The provision of a footpath to Canolfan y Gwystl through the site is proposed if the application is approved.

1.3 A Design and Access Statement was received as part of the application.

1.4 On 15 September 2008 the former Dwyfor Planning Committee decided to delegate power to approve the application subject to signing a section 106 local need affordable housing agreement for three of the dwellings, which would include at least one of the two-storey dwellings. The application is being resubmitted to Committee as the applicant, because of the viability of developing the site, is requesting that two rather than three of the dwellings be signed as local need affordable housing.

2. Relevant Policies:

2.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that planning decisions should be in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan. 2.2 Gwynedd Unitary Development Plan 2009: B7 – SITES OF ARCHAEOLOGICAL IMPORTANCE - Refuse proposals which will damage or destroy archaeological remains which are of national importance (whether they are registered or not) or their setting. Also refuse any development which will affect other archaeological remains unless the need for the development is greater than the significance of the archaeological remains.

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

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

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

CH1 – PROPOSALS TO BUILD HOUSES ON SITES ALLOCATED FOR HOUSING – Use will be approved provided that criteria relating to specific features of the development can be met.

CH6 – AFFORDABLE DWELLINGS ON EACH DESIGNATED SITE IN THE PLAN AREA AND ON UNDESIGNATED WINDFALL SITES WITHIN THE DEVELOPMENT BOUNDARIES OF THE SUB-REGIONAL CENTRE AND THE URBAN CENTRES – Refuse proposals to develop housing on sites that have been designated for housing or on windfall sites within the development boundaries of the sub-regional centre and the urban centres where it is not possible to comply with criteria controlling affordability and the local need of the development.

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

CH22 – CYCLING NETWORK, PATHS AND RIGHTS OF WAY – All parts of the cycling network, paths and rights of way shall be protected and promoted by assessing any proposal that would infringe on them and seeking to satisfactorily incorporate them within the development. If this is not possible, appropriate provision will have to be made to divert the route or to provide a new and acceptable route. Proposals will be refused also if they are likely to infringe on plans to extend the cycling network, paths or rights of way unless a suitable alternative route can be provided.

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

CH36 – PRIVATE CAR PARKING FACILITIES – Proposals for new developments, extensions to existing developments or change of use will be refused unless off-street parking is provided in accordance with the Council’s current parking guidance. Consideration will be given to the accessibility of public transport services, the possibility of walking or cycling from the site and the proximity of the site to a public car park. In circumstances where there is an assessed need for off-street parking and when the developer does not offer parking facilities on the site, or where it is not possible to take advantage of the existing parking provisions, proposals will be approved provided the developer contributes to the cost of improving the accessibility of the site or providing the number of necessary parking spaces on another site nearby.

2.3 National Policies: Planning Policy Wales (Fourth edition, February 2011) TAN 12: Design TAN 18: Transport TAN 22: Sustainable Buildings

3. Relevant Planning History:

3.1 Outline planning permission for residential development on fields OS ref. 234 and 235 was refused in 1965. An application to construct council housing on field 234 was withdrawn in 1971. In 2000 permission was granted to construct two single- storey dwellings for the elderly / disabled on a site adjacent to the current application site, which has the same access to the A499 county road. In 2002 permission was granted to construct three single-storey dwellings for the elderly / disabled on a site adjacent to the current application site. In 2006 an application to construct four single-storey dwellings and three two-storey dwellings was withdrawn because it was premature to submit the application prior to receiving the Inspector’s report on the GUDP.

4. Consultations:

Community/Town Council: Support.

Transportation Unit: Suggest that a number of conditions be imposed on any planning permission.

Environment Agency: No observations.

Welsh Water: Conditions need to be imposed on any planning permission in relation to foul water, surface water and land drainage.

Footpaths Officer: Opposes the development in its current form because it would obstruct the line of public footpath no. 17 Llannor. Therefore, the footpath will have to be diverted in order to avoid one of the proposed houses (dwelling no. 5 on the plan submitted) or better still diverted so as to run along the southern boundary wall from the proposed development site and continue to a public road near 14 Cae'r Gromlech.

Affordable Housing Officer: Supportive of the type of provision proposed. The applicant needs to submit details of the costing of the work to the Council in order to justify the inability to restrict more than two dwellings to being affordable housing by means of a section 106 agreement. Need to ensure that the affordable dwellings are sold / rented to local residents and that rent levels and / or sale prices are affordable. Need to restrict any units to be sold to 70% of the open market value and / or ensure that rent levels are affordable. Need a list of the rent levels that the applicant is currently charging in Y Ffôr as it would give an indication of how affordable the rent levels would be in comparison with open market rents and social housing rents.

Gwynedd Archaeological Need to include an archaeological condition on any planning Planning Service: permission.

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The second consultation period ended on 8 February 2011. No objections had been received during this period.

5. Assessment of the material planning considerations:

5.1 The principle of the development The site lies within the development boundary of Y Ffôr and has been designated for housing. The proposal must therefore be considered in the context of policies CH1 and CH6 of the GUDP which relate to developing new houses on sites designated for housing within the development boundaries of villages. Policy CH6 notes in the case of designated sites in villages that a percentage of the units must be negotiated as affordable housing to meet the general local need. The applicant states in a letter submitted with the application originally that the intention is to seek planning permission for eight dwellings, with one or two of them being affordable. He then notes that the cost of constructing the road into the site would mean that more affordable dwellings could not be provided. He goes on to explain that one of the single-storey dwellings is needed for a disabled person using a wheelchair, that the other three single-storey dwellings are for the elderly / disabled and that the four two- storey dwellings are for small families. Six letters were submitted with the application from people interested in the development. The observations of the Affordable Housing Officer suggested originally that three of the dwellings be restricted with a section 106 agreement, but the applicant referred to one or two dwellings being for affordable need. Details of the cost of creating the road and paths were requested from the applicant in order to assess whether it would justify the provision of only two affordable dwellings through a section 106 agreement. An estimate of £83,500 for the completion of this work has been received. At the Committee in September 2008 powers to approve the application were granted, subject to signing a section 106 agreement restricting three of the dwellings as general local need affordable housing. Subsequently, an amended plan was received for nine dwellings, and the applicant has been in discussions with the Affordable Housing Officer regarding the viability of the development should three of the dwellings have to be affordable. Following the discussions, the applicant is requesting that only two of the dwellings be bound as affordable. In view of the costs of developing the site and the current economic climate it is considered that binding two of the units as general local need affordable housing would be acceptable. The applicant has stated that he would be willing for one of the single-storey dwellings and one of the two-storey dwellings to be affordable and it is considered that that would be acceptable and would provide a mix of affordable housing on the site. It must be ensured that the size of the dwellings to be bound as affordable complies with the requirements of paragraph 5.17 of the Supplementary Planning Guidance – ‘Affordable Housing’, which states that a single-storey two bedroomed dwelling may be 80 square metres and that a two-storey three bedroomed dwelling may be 100 square metres.

5.2 Visual amenities Although full details of the development have not been received it is not considered that the proposal would have a detrimental impact on the visual amenities of the area as it would be situated adjacent to the existing dwellings and industrial estate. It is considered that an acceptable design for the dwellings can be ensured, which would be in-keeping with the surrounding area, and that it can also be ensured that suitable materials are used for the outer walls and roofs of the proposed dwellings. A condition should be imposed on any permission to ensure a slate roof and that materials are agreed with the local planning authority. It is considered, therefore, that housing can be accommodated on the site in such a way as to avoid it having a detrimental impact on the visual amenities of the area, and the implications of the proposal must be fully assessed with regard to Policy B22 and B25 at the time of submitting details of reserved matters.

5.3 General and residential amenities The site is located near existing houses. The full design of the proposed houses has not been presented; however, reasonable privacy must be ensured for the occupants of the houses nearest the site when the proposal details are submitted. This would ensure that the proposal complies with Policy B23 of the GUDP.

5.4 Traffic and access matters The proposal is also required to comply with road requirements and it appears that the Transportation Unit is satisfied that acceptable access and parking requirements can be provided as conditions are proposed to be included on any planning application which extends beyond the application boundary but in the applicant’s ownership. Therefore, it is considered that the proposal is acceptable in respect of Policies CH33 and CH36 of the GUDP.

A public footpath crosses part of the site but it appears to have been obstructed when the nearby estate was built. However, the footpaths officer states in his observations that the footpath will have to be diverted in order to avoid one of the proposed houses (dwelling no. 5 on the site plan) or better still diverted so as to run along the southern boundary wall from the proposed development site and continue to a public road near 14 Cae'r Gromlech. The site plan shows a footpath along this southern boundary. Policy CH22 of the GUDP requires the public footpath to be protected.

5.5 Archaeological Matters The Gwynedd Archaeological Planning Service had originally asked for an archaeological assessment of the site to be prepared prior to a decision being made on the application; however, these observations have now been amended and imposing a condition on the planning application will be acceptable. Should this be done, it is considered that the proposal would be acceptable in relation to Policy B7 of the GUDP.

6. Conclusions:

6.1 This site is within the boundary and has been earmarked for housing. In September 2008, the former Dwyfor Area Planning Committee delegated powers to approve provided that three of the houses were affordable ones and, therefore, the application is resubmitted to Committee because of the change to binding two of the houses only. Having considered the viability of the development, it is felt that binding two of the houses would be acceptable.

6.2 Despite the full details of the proposal not being available in terms of assessing the visual impact implications, it is considered that the houses could be located on the site in such a way as not to have a detrimental visual impact. Also, the design of the houses would be considered when submitting reserved matters.

6.3 It should be noted that arrangements would have to be made to divert the public footpath running through the site.

7. Recommendation:

To delegate powers to the Senior Planning Manager to approve the application subject to signing a 106 agreement - affordable housing for local general need for two of the houses; namely one of the single storey houses and one of the two storey houses and the following conditions - time, agreeing on the details, materials, roads, withdrawing permitted development rights, landscaping, archaeology, protecting the public footpath if agreement is not given to divert or stop it, foul water and surface water to drain separately from the site, no surface water to flow directly or indirectly to the public sewer, no drainage run-off to flow directly or indirectly to the public sewer.

Number: 2

Application Number: C11/0690/14/LL Date Registered: 13/09/2011 Application Type: Full - Planning Community: Caernarfon Ward: Seiont

Proposal: SITING OF WIND TURBINE WITH A HEIGHT OF 67M TO BLADE TIP, ACCESS ROAD AND ASSOCIATED SUB-STATION Location: HENDY FARM, PANT ROAD, CAERNARFON, LL545RL

Summary of the TO REFUSE Recommendation:

1. Description:

1.1 This is an application to site a 500kw wind turbine with the tower/column measuring 40m in height to the hub/nacelle (which is behind the hub) and the blades (three of them) measure approximately 53m in diameter at a maximum height of 65.75m above ground level and set on a concrete foundation measuring 10m x 10m. The proposal also involves the construction of a 6m x 4m sub-station adjacent to the turbine itself along with extending the current access road to serve the site. 1.2 The wind turbine would have the potential to provide a power output of 1,400,000 KWh per year and even with a low wind speed it is hoped that approximately 150 KWh could be generated per day. According to the farm’s energy survey, the farm’s daily energy needs are approximately 185KWh and 68,000KWh per year and these figures mean that on an annual basis the remaining 1,330MWhr of power could be supplied to the Scottish Power electricity network by connecting to the 11KV electricity cable which runs to the north of the turbine itself. The applicant’s agent says that no particular type/model of turbine has been selected yet as this will depend on a number of commercial and environmental considerations and this can be controlled by including relevant planning conditions, should this application be approved. The application documents refer to an example of a turbine that could be used on this site and it is representative of the turbines available nowadays. It is expected for the working life of the turbine to be approximately 25 years from the commencement of generating electricity on the site. 1.3 The site is located on agricultural land which forms part of the Hendy agricultural unit. Hendy is a dairy farm with 220 milking cows and 240 young livestock and every litre of milk uses 17 KWh of electricity. This site (as opposed to the original site located approximately 200m to the north-east of the current site near Coedlan Hendy) was selected in order to reduce its impact on the setting of Caernarfon Castle and the World Heritage Site and in order to take advantage of the area’s prevailing wind and topography. 1.4 A number of studies and assessments were submitted with the application including a design and access statements (which refers to five statutory headings), a planning statement (Addendum 1) which seeks to justify the application on the grounds of economic policy and environmental matters, a noise desktop assessment, the farm's carbon footprint assessment, ecological assessment and photomontages including the Zone of Theoretical Visibility. Following substantive concerns and objections, the application has been divided into six Addendums with the applicant offering responses to the various concerns and objections. 1.5 This is the content of the information contained in the abovementioned documents and submitted on behalf of the applicant:- (i) Design and Access Statement  Access – site access will be managed by the applicant only and should access be needed to the turbine (for maintenance work and educational visits), this must be done with the applicant’s permission. There will be a need to create a temporary access during the construction phase but the land will then be re-established as agricultural land.  Character (landscape design) – a wind turbine is a practical structure where its efficiency and usefulness depends on its location and the location of the prevailing wind. Such a structure would have an impact on the landscape and are currently considered to be new features in the landscape, despite the fact that they are considered to be essential for communities dependent on energy. Originally, two suitable sites (option 1 and option 2) had been selected for the turbine, however the first option was not acceptable on the grounds that it would have a detrimental effect on the setting of the castle and the character of the World Heritage Site from the direction of Twthill, which has been designated by CADW as 'Important Scenery'. Therefore, the option 2 site was chosen, which is located approximately 225m to the south-west of the option 1 site. It is noted that the new site is partially hidden from the south-west taking into consideration the topography of the elevated land and the location of the coppices. From the access to Muriau Park, most of the turbine (apart from the blades) will be hidden due to the position of the coppice and nearer views of the turbine along the railway and Ffordd Pant are hidden as the routes are approximately 10m lower than the site of the farm itself. It is also believed that the turbine will be screened by high cloddiau and walls along the Foryd from Caernarfon to Ysgubor Isaf (Is Helen land). The applicant states that the public’s attention will be drawn to the direction of the coast rather than inland. The turbine will be visible from the shores of Anglesey, but a single turbine would not have a substantial impact on the general landscape. The turbine has been separated from views of the castle and the Foryd by elevated landscape and coppices. The view from popular high points such as Braich Moel Smytho means that the impact of the turbine will be ‘lost' in the agricultural and woody landscape. The proposal will not affect the Dyffryn Nantlle Landscape of Historic Interest, given the distance and the landscape’s topography.  Scale – in order for the turbine to be effective, it must be located were there is minimum wind resistance, especially the prevailing wind. Generally, wind speed increases according to the height of the turbine. In this case, it is believed that a turbine of 40m in height to the hub is acceptable and it is believed that this size is medium size, as the small size is available up to 20m, and the large size is over 100m high. The applicant states that this is the most suitable site on the grounds of its impact on visual and ecological amenities (Caernarfon conservation area), noise, shadow flicker, archaeology, flight paths and public safety.  Appearance – in general, wind turbines are of a medium grey colour with a mat surface which cuts down on any reflection of sunlight. A suitable colour can be agreed by imposing a planning condition should the application be approved.  Community safety – neither the turbine nor the equipment plant will be open to the public, despite having public footpaths within proximity of the site.  Environmental Sustainability – it is believed that the scale of the turbine maximises the electricity supply when using a natural resource such as wind. It is anticipated that there will be an annual output of 1,400,000KWh with approximately 1,300MWhr transferred to the Scottish Power electricity network.

(ii) Planning Statement.  This statement contains general information relating to the Welsh Government’s objectives to meet energy generation targets. The proposal involves erecting a 500KW turbine supported by the Government’s feed-in tariff for small scale wind turbines to generate low-carbon electricity. It is estimated that the proposal could generate approximately 8% of Caernarfon’s domestic electricity requirements which will help to cut down on losses through electricity transfer.  Farmers are encouraged to diversify, for example, by investing in commercial wind turbines or by supporting community projects and it can be seen in this case that this is an opportunity to diversify on Fferm yr Hendy.  The applicant refers to the Welsh Government's guidance and relevant planning policies.  Planning – the application has been screened by the Council for an Environmental Impact Assessment under the Town and Country Planning (Environmental Impact Assessment) Regulations (England and Wales) 1999. It was concluded that the impact of the development on the environment was not sufficient to justify submitting an environmental statement with the application.  Visual and landscape assessment – in order to seek to demonstrate the impact of the proposal on the landscape a number of photographs or photomontages of important perspectives were submitted to show the views from nearby and from afar.  Noise assessment – a desk top assessment was submitted with the application in relation to the noise impact created by the turbine on nearby residential properties. The assessment is based on the requirements of ETSU-R-97 (The Assessment and Rating of Noise from Wind Farms, 1996, which is referred to in TAN 8 as a source of information.) A survey was held in June, 2011 which referred to dwellings that are sensitive to the noise of the turbine and gave consideration to background noise levels. These guidelines state that the level of noise affecting sensitive dwellings should be kept to between 35 and 40dB LA90 (and 43dBLA90 during the night) at a wind speed of 10ms-1 at 10m above ground level. The findings of the assessment shows that the noise level will be greater than 35dB in some of the dwellings – Hendy would be 37dB, Tyddyn Alice and Tyddyn Meical 38.92dB and there would have to be an additional assessment including a background noise assessment in order to confirm whether or not the proposal complies with the requirements of ETSU-R-97.  Shadow flicker – shadow flicker occurs when sunlight passes through the blades of the turbine and throws a moving shadow over nearby buildings located within 130° of either side of the northern point. In this case, the applicant states that no properties/dwellings will be affected by shadow flicker apart from a section of the golf course.  Flight path safety – the turbine will not affect the safety of airplane flight paths as the applicant has contacted the Royal Air Force.  Broadcasting installations – the applicant has consulted with the BBC via its wind turbines website and the proposal could affect the Arfon and Llanddona transmitters and 2725 homes with off air service could be affected as well as four homes that do not have off-air service. The applicant confirms that should the application be approved, a study will be carried out to seek to minimise any electromagnetic interference.  Construction work – the turbine’s parts will be transported to the site using the existing road network. It is estimated that the construction work will entail 175 visits to the site and will take approximately two months to be completed. The police would be consulted in order to ensure that road safety would not be compromised. 2. Relevant Policies:

2.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that planning decisions should be in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.

2.2 Gwynedd Unitary Development Plan 2009:

Strategic Policy 2 – The Natural Environment Strategic Policy 4 - Design Standards Strategic Policy 9 – Energy Strategic Policy 17 – Tourism

POLICY A1 – ENVIRONMENTAL OR OTHER IMPACT ASSESSMENTS - Ensure that sufficient information is provided with the planning application regarding any significant likely environmental or other impacts in the form of an environmental impact assessment or other impact assessments.

POLICY B3 – DEVELOPMENT AFFECTING THE SETTING OF LISTED BUILDINGS Ensure that proposals have no adverse effect on the setting of Listed Buildings and that they conform to a series of criteria aimed at protecting the special character of the Listed Building and the local environment.

POLICY B8 – AREA OF OUTSTANDING NATURAL BEAUTY - Safeguard, maintain and enhance the character of the Area of Outstanding Natural Beauty by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features of the site.

POLICY B10 – PROTECTING AND ENHANCING LANDSCAPE CONSERVATION AREAS – Protect and enhance Landscape Conservation Areas by ensuring that proposals conform to a series of criteria aimed at avoiding significant damage to recognised features.

POLICY B13 - PROTECTING THE OPEN COASTLINE - Protection of the open coastline by ensuring that proposals are not permitted unless they conform to a series of criteria aimed at avoiding significant damage to recognised features.

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

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

POLICY B33 - DEVELOPMENTS THAT CREATE POLLUTION OR NUISANCE - Protect human amenities, health quality and the natural or built environment from high levels of pollution.

POLICY C26 – WIND TURBINE DEVELOPMENTS – Proposals for wind turbine developments within the Llŷn AONB will be refused. In other locations, only proposals for small scale or community or domestic based wind turbine developments will be approved provided that a series of criteria are met. POLICY CH22 – CYCLING NETWORK, PATHS AND RIGHTS OF WAY – Protect all parts of the cycling network, paths and rights of way by assessing any proposal that would infringe on them and ensure that they are satisfactorily incorporated within the development. If this is not possible, appropriate provision will have to be made to divert the route or to provide a new and acceptable route. Proposals will be refused also if they are likely to infringe on plans to extend the cycling network, paths or rights of way unless a suitable alternative route can be provided.

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

2.3 National Policies:

Planning Policy Wales (Edition 4, February 2011), Heading 5 - Protecting and Improving the Natural and Coastal Heritage Planning Policy Wales (Edition 4, February 2011), Heading 13 – Minimising and Managing Environmental Risks and Pollution Technical Advice Note (TAN) 8: Renewable Energy (2005) Technical Advice Note (TAN) 11: Noise (1997) Landmap Information Advice Note, Countryside Council for Wales, Number 3 – Using Landmap for Visual Assessment of Onshore Wind Turbines (June 2010)

An article in the magazine, ‘Planning’, January, 2012 is relevant to wind turbines, as it refers to the five general objections expressed by the public in relation to such applications - visual amenities, noise nuisance, ecological implications, impact on the Royal Air Force's systems and traffic problems.

3. Relevant Planning History:

3.1 There is no planning history in terms of applications on this site; however the applicant did contact the Planning Department in August, 2009 in relation to the survey of energy use on Hendy farm and the potential of using wind turbines as a method of generating renewable energy in the future. The response confirmed that Policy C26 of the Unitary Plan did support it in principle, but that the impact of the turbine on the visual quality of the landscape and other environmental and social considerations had to be considered. Careful consideration of the area's character must also be demonstrated, and that details are provided of suitable design, site choice and the materials used in order to mitigate the impact of the development. Details such as a design and access statement, noise assessment, photomontages/photographs, details of the turbine and its location in relation to any electricity/telephone cable must be submitted.

3.2 In February 2011, the details of the proposal were submitted to the Local Planning Authority to site a 65.75m wind turbine to undertake a screening for an Environmental Impact Assessment under the Town and Country Planning (Environmental Impact Assessment) Regulations (England and Wales) 1999 (as amended). Having assessed the likely impact of the proposal on the environment using the selected criteria in Schedule 3 as well as the guidelines in the Welsh Office Circular 11/99, it is considered that the impact of the development on the environment is insufficient to justify submitting an environmental statement with the planning application. 4. Consultations:

Community/Town Council: Agree.

Transportation Unit: No implications on grounds of impact on the area’s rights of way, however, should the application be approved there will be a need to submit a detailed traffic management plan.

Environment Agency: Low risk to the environment.

Welsh Water: No observations.

Countryside Council for Wales: No objection.

Gwynedd Archaeological A condition with regard to submitting an archaeology specification. Planning Service:

CADW: The turbine is located approximately 600m to the south-west of the World Heritage Site and it will not affect this designation. However, the view from Anglesey towards Caernarfon castle will be compromised with the inclusion of a structure such as a turbine in the landscape, with a built landscape towards the north and an open agricultural landscape to the south. It is unfortunate for such a structure to be located in an undeveloped landscape.

The Defence Infrastructure No objection only that lighting needs to be installed on the turbine Organisation and the Royal Air itself. Force, Valley

The Campaign for the Concern regarding the proposal’s visual impact. It would be an alien Protection of Rural Wales: structure in the landscape near the Foryd and the Anglesey Area of Outstanding Natural Beauty. The farm’s energy requirement can be met with the construction of a smaller turbine and permitting this proposal sets a dangerous precedent for more turbines of this size at the expense of the residential amenities of nearby residents (e.g. noise), visitors staying at the local caravan parks and visual amenities.

Biodiversity Unit: If the proposal involves removing cloddiau, a landscaping plan is needed. No concerns regarding protected species such as birds and bats. The field that is proposed for the wind turbine has low biodiversity value. Need to submit a photographic montage of the turbine.

Snowdonia National Park: Concerns regarding the feasibility of the Visual and Landscape Impact Assessment as it is believed to be insufficient as the radius of this assessment is only 5-6km. The Zone of Theoretical Visibility is expected to extend to at least 20km and the Park’s boundary is only 10km to the south-east of the site. It is believed that the photomontages are defective in terms of their number and their quality as they do not present an accurate picture of the potential impact of the proposal.

Caernarfon Civic Society: Object on grounds of the site’s proximity to the town and the area of beauty which affects Gwynedd and Anglesey in terms of visual amenities.

Llanidan Community Council: Object on grounds of the height of the wind turbine meaning that it would be clearly visible from the Anglesey Area of Outstanding Natural Beauty. It could also affect local residents along with visitors to the area.

Public Protection Unit: Not prepared to support the proposal due to concerns regarding the noise impact on nearby residential properties. However, additional information was submitted by the applicant in relation to the location of the wind turbine and the type of turbine that could be used in Hendy. Should the Authority choose to approve the application, it is recommended to include a number of conditions relating to noise in order to safeguard local residents against the effects of noise/shadows emanating from the turbine.

Public Consultation: A notice was placed on site and in the local press, and nearby residents were informed of the application (Addendum 1). The consultation period ended at the end of October 2011, but had to be re-advertised with some residents as they had not received the letter in the post. 38 letters were received (based on the information contained in Addendum 1) objecting to the application on the following grounds:-

 Noise – there is a residential property located approximately 240m from the wind turbine but it is believed that the distance should be at least 1,500m away from any residential dwelling and some planning authorities have adopted such restrictions. TAN 8 notes that there must be a separation distance of 500m. It is believed that noise generated by the turbine would substantially affect the amenities of nearby residents and would certainly be greater than the maximum of 35dB mentioned in the ETSU-R-97 document and given the tranquillity of this rural area. It is believed that a noise level of 40dB would be more relevant here and that the background noise levels are lower than what was submitted in the assessment. Based on noise, it is believed that the proposal is contrary to TAN 11 ‘Noise’, Article 8 of the Human Rights Act (1998) and that it would create a nuisance under the requirements of the Environment Protection Act (1990). A nearby holiday park has commissioned specialists in noise assessment in order to analyse the assessment submitted with the application. The guidelines in the ETSU-R-97 document have not been followed correctly, and therefore, the application should be refused.  Impact on the landscape – the proposal does not respect the local landscape in terms of its size or its design. The photomontages are not acceptable as they do not create an accurate picture of the size of the wind turbine. No photographs have been taken of Tyddyn Alys or of Tyddyn Meical, namely from the two residential dwellings where the turbine will be very prominent.  Broadcasting installations (including mobile phone stations) – a number of local dwellings will be affected by this proposal.  Health issues – the noise generated by wind turbines could cause harm to people’s health, such as headaches and vomiting (especially children’s sleeping pattern).  The applicant will be able to offer more than 95% of the energy generated by the turbine to the Scottish Power electricity network and intends to use only the remainder (5%) for the needs of the farm itself.Not everyone living in the area has received notification of the proposal.  The turbine would disperse the odour already generated by the farm throughout the area.  How will the local community benefit should this application be approved?  Renewable energy projects must be sympathetically located. The castle, World Heritage Site, Snowdonia National Park and the Area of Outstanding Natural Beauty are located within the Zone of Theoretical Visibility and such a structure would not respect these important designations.  Such a turbine would have a detrimental impact on visitors to the area (there are a number of caravan parks and golf courses near the site) along with pedestrians who use the nearby public footpaths.  There are some trees between the Tyddyn Meical and Tyddyn Alys properties, however it is not believed that these are sufficient to reduce the noise emanating from a wind turbine given also that they are not evergreen trees.  Concern regarding Royal Air Force flight paths.  There is a bird sanctuary on the Foryd.  The discussions held before hand between the applicant and the local residents were not very clear.  The applicant is incorrect in stating that the site is not visible from any public spaces - it can be seen from the nearby public footpath network.  The site can bee seen from Dyffryn Nantlle as it is located within the Zone of Theoretical Visibility.  The proposal does not comply with the strategic policies of the Unitary Plan which include the natural environment, the historic and built environment, developments that cause risk, energy and community services. Nor does it comply with the advice in Planning Policy Wales (February, 2011).  Community benefits – it cannot be seen how approving the proposal could be beneficial to the local community with 95% of the energy being sold to the Scottish Power electricity network.  The proposal could lead to hundreds of people in the tourism sector losing their jobs. Work to renovate and improve one of the area’s largest holiday has commenced and this type of development would undermine all the work and would have a financial impact on the business.  More effective resources of renewable energy are available e.g. hydro.  Gwynedd is not a Strategic Search Area, which have been identified for large scale wind turbine developments. Any such project in areas such as Gwynedd should respect the landscape.  The details of the ecological assessment must be questioned, especially the impact on birds and the presence of the owl and the hawk in the area.

In addition to the abovementioned objections, four letters were received supporting the application on the following grounds:  Looking forward to seeing Llanfaglan taking the first step towards generating green electricity.  The site is in a good position for strong sea winds, and the turbine would not affect the area at all and it could be an attraction for visitors.  Wales’ countryside has been very dependent on fossil fuel for a long time, and it is a good thing that such a proposal is to be located on a local farm.  Permitting this proposal could assist local businesses to thrive in the area by taking this application as a good example of generating renewable energy and contributing to the local community.

Following discussions and a site visit and having received the letters of objection, the applicant submitted additional information in the form of Addendums 2-6 which include the following:

 Tan 8 – this document has been published as a document which offers advice only on how to deal with applications for wind turbines. Section 6 of the document notes that a wind turbine has to be 110m high to be the subject of a visibility assessment. Reference is also made to the distance of 500m between the wind turbine and existing properties. TAN 8 says that flexibility must be considered here.  The National Park’s concerns regarding the feasibility of the landscape and visual impact assessment and the size of the zone as the applicant interpreted it - according to the Park the zone should extend to 20km rather than 5.5km (Braich Moel Smytho). The applicants noted that should the visibility zone extend to 20km, then a single turbine would not appear clear to the eye. It is believed that 8 photomontages of the wind turbine from different directions (near and from afar) are sufficient to demonstrate its impact on the landscape. It is believed that the view of the wind turbine from Anglesey shows that the structure causes minimal interference in the surrounding landscape and shows how the landscape changes and develops over time and how the castle dominated the landscape centuries ago.

 CADW’s concerns – the word ‘unfortunate’ suggests, although unwilling to accept, that there is a need to change i.e. to change the character of the landscape.

 Visual amenities and nearby dwellings – it is believed that the impact of the turbine can be reduced by planting coppices to the south-east of the site.

5. Assessment of the material planning considerations:

5.1 It is believed that the information and observations submitted by the applicant and his agent along with the observations received from the statutory consultees and the third parties/objectors are sufficient to enable officers to make a recommendation on this proposal.

The principle of the development - 5.2 TAN 8 ‘Planning for Renewable Energy’ (July 2005) considers the contribution of wind turbines for the generation of 'clean' electricity as a national requirement and one of the main aims of the Assembly's energy policy is for Wales to be a global example in relation to the generation of clean energy and to seek to establish itself as an exemplar of green management in Wales. The Welsh Government is of the opinion that wind power offers the greatest potential, in the short-term, to increase electricity generated from renewable sources. Paragraph 12.8.9 of the Ministerial Interim Planning Policy Statement (July 2005) notes that the need for wind turbines is established by a global environmental order and an international agreement and that it is a key part of meeting the Welsh Government's targets for generating renewable energy. Therefore the land use planning system should actively refer developments to the most appropriate locations.

5.3 Planning Policy Wales deals with the potential conflict on a strategic level by defining the key role of the planning system, in order to ensure that the community’s land needs are met with methods that do not impose unnecessary restrictions on development by ensuring that all reasonable steps have been taken to safeguard or enhance the environment.

5.4 Gwynedd Council does not have any identified Strategic Search Areas for large scale wind mill/turbine developments.

5.5 Local Planning Authorities will be required, within their local development plans, to identify areas where particular types of renewable energy proposals are acceptable, including wind energy.

5.6 Whilst TAN 8 notes clearly that there is an implicit objective to maintain the quality of the landscape within National Parks and Areas of Outstanding Natural Beauty, Planning Policy Wales (March 2012) notes however, that small-scale developments or developments on a domestic scale could be appropriate in the majority of locations, provided that they are located and designed sensitively. The Ministerial Interim Planning Policy Statement (July 2005) notes further that smaller, domestic wind turbine developments or those that are based in the community could be suitable within (sites of national designation such as Areas of Outstanding Natural Beauty) and without Strategic Search Areas, subject to all other relevant planning considerations.

5.7 Policy C26 of the GUDP (July 2009), ‘Wind Turbine Developments’, offers a presumption in favour of wind turbines or wind farms subject to various criteria. This policy seeks to encourage this method of energy generation, whilst at the same time, identify the potential impact that such plans could have on the landscape and on other environmental and social factors.

5.8 When considering national and local planning policies, it is considered that renewable energy developments such as wind turbines are acceptable in principle, subject to assessing all relevant planning considerations including the response of statutory consultees and third party observations.

Visual amenities 5.9 The site in question has not been earmarked and neither is it the subject of any statutory or local landscape restriction, however it is located within 2.3km of the Menai and Conwy Bay Special Conservation Area (SCA) and also the Anglesey Coastline Area of Outstanding Natural Beauty (the Menai shores). In addition to these designations, the Foryd Site of Special Scientific Interest is located 1.6km to the south and Aber Seiont 1.8km to the north. In terms of the character of the area’s landscape, it has been defined as a ‘Coastal Habitat' in the ‘Gwynedd Design Guidance’ (2003) document using LANDMAP methodology (which assesses the value and character of a landscape) and which advises that any development should take into account the impact on the character and features of coastal habitats. However, this particular site and the nearby agricultural land/ woodland have not been recorded in LANDMAP’s database for any visual designation.

5.10 As part of the application, a visual assessment was submitted in the form of photomontages in order to assess the impact of the turbine from different perspectives within the varying landscape which surrounds it, with reference to TAN 8. This document advises a visibility zone of a radius of 20km-30km around the site of the turbine, however, it is believed in this case that a distance of 6.5km (Braich Moel Smytho) is acceptable given that the view from this site provides a sufficient picture of the location of the turbine in the landscape (it is believed that there is no need to extend the zone's radius any further, or into the Park as for the naked eye, the size of the turbine would shrink as the distance of the view from the turbine itself increases). 5.11 The applicant’s assessment concludes that the development would not affect the local landscape and that the impact on the broader landscape would be insignificant. It can be seen from the photomontages that the turbine would not be completely visible when looking at it from a number of nearby viewpoints and this is due to the area’s nature and topography which consists of woodlands and rolling hills. From the Menai shores (Anglesey AONB), the turbine would be visible in the landscape and the highest parts of it (including the blades) would have no background/back drop and would therefore be open to the skyline. The turbine is located in somewhat of a dip in the field with a low lying rural landscape to the south of it and coppices on hilly land to the north which separates the site from the town of Caernarfon and the castle. The turbine will be less prominent in the view of it from the south (which has been identified as an ‘Important View’ towards the castle and the heritage site from the direction of Twthill) with only the tips of the blades to bee seen above the coppice which forms part of the Coed Helen Heulfryn holiday park. Photomontages were taken on a popular spot to the west, on elevated land known as Braich Moel Smytho (between Waunfawr and Rhosgadfan and which is also located within one of the Listed Historic Parks and Gardens in Gwynedd recognised by CADW). It can be seen that the majority of the turbine (looking to the west) would have a landscape backdrop with the blades extending above the landscape and located on the Menai backdrop. Further to the south-east (Carmel/Y Fron), the proposed turbine would have less impact on its background and in some locations it would be out of sight due to the landscape’s topography. From the south, the highest part of the turbine and the attached blades become visible along Pwllheli Road (near Muriau Park) and along the coastal road of the Foryd when looking towards the north and the application site. From these viewpoints, the views of the turbine are intermittent. Taking into account the size and the scale of the structure in relation to its background, it becomes more apparent in the landscape the nearer the viewpoint is to the site itself.

5.12 It is therefore believed, that the main visual impacts will be evident by looking across from areas directly to the west and to the south of the site where there are no sufficient backdrops to satisfactorily assimilate the structure with its background without interfering with or harming the local landscape. This concern has been strongly voiced by objectors as they quoted this to be a beautiful and rural area and that an ‘industrial’ structure of this design and scale would have a detrimental impact on the countryside.

5.13 The applicant had obtained a screening opinion from the Local Planning Authority before submitting the application, and the Authority’s response stated that there would be no need to submit an Environmental Impact Assessment given the scale (one turbine only), location (site located on agricultural land near the farmhouse), and the nature of the proposal (which coincides with the Government’s objectives regarding generating clean energy and that wind turbines play an important role in this objective), however, the applicant was advised that the main considerations here, should an application be submitted, were the proposal’s visual impact, ecology, noise, shadow flicker, tourism and flight paths. Despite the fact that the applicant has submitted information in seeking to justify that such a structure would not have a harmful visual impact; when considering the observations submitted by a third party along with further considerations by the officers (e.g. numerous visits to the site and the surrounding area), it is believed that the proposal would have an unacceptable impact on the landscape.

5.14 Therefore, the proposal conflicts with the objectives of Policy B13 (protecting the open coastline – developments will not cause significant harm to the landscape), B23 (safeguarding the amenities of the local neighbourhood), C26 (ensure that wind turbine developments will not have a harmful impact on the landscape), Planning Policy Wales, Chapter 5 (protect and improve the natural heritage and the coastline), TAN 8 (safeguarding the landscape when considering wind turbines) and Strategic Policy 4 (developments of good design to ensure that they contribute positively to the landscape) of the Unitary Plan.

5.15 Landscapes surrounding the site have received statutory and local designations (as referred to above), however, it is believed in this case that the proposal would not have a significant impact on the habitats or species of these areas, due to their distance from the application site, and the setting of this application in relation to these landscapes, especially the Anglesey AONB which lies to the west of the site. The principal view of the proposed turbine is located outside the AONB and it is believed that the Menai Straits creates a buffer zone between the proposed turbine and the location of the AONB. The proposal, therefore, does not conflict with Policy B8 (safeguarding AONB areas), Strategic Policy 2 (the natural environment) and Strategic Policy 9 (ensuring that plans to provide energy from renewable sources do not affect the environment) of the Unitary Plan.

Cultural Heritage 5.16 As referred to above, Caernarfon castle and the World Heritage Site are located approximately 600m to the north of the application site. In CADW’s response to the proposal, it says that although the proposal would not affect this designation, the view from Anglesey towards the castle would be compromised with the inclusion of a structure such as a turbine in the open agricultural landscape.

5.17 To compare, the highest tower of the castle (the Eagle's Tower) is 35m high above the rock and the height of the turbine to the blade tip will be 67m. Although the turbine is located 600m to the south of the castle with a woody hillock between them, it is believed that the turbine would be visible and would create an incongruous structure in the setting of the castle’s broader landscape when viewed from Anglesey and the Menai shores. From this perspective, it is therefore believed that the proposal conflicts with the requirements of Policy B3 of the Unitary Plan in relation to refusing developments that affect the setting of listed buildings and Policy B6 of the Unitary Plan in relation to refusing proposals that will cause significant harm to monuments within the World Heritage Site and the advice contained in Circular 61/96 regarding safeguarding, identifying and conserving world heritage sites. However, as the applicant has relocated the turbine to the option 2 site, the structure’s impact on the castle's setting in terms of the main view from Twthill has been sufficiently reduced so that it no longer has a detrimental impact on the setting of the castle.

General and residential amenities 5.18 A number of residential dwellings are located in the vicinity of the application site. Tyddyn Meical is located 458m to the south-east and Tyddyn Alys 467m to the south-east on land which is approximately 8m higher than the application site. Is- Helen is located 546m to the north-west and Beudy Ychain and Ysgubor Isaf located 758m and 1.5km respectively to the south-west. Given the setting and location of the residential dwellings from the site, it is unlikely that there will be any shadow flicker impact with this proposal. The applicant submitted an assessment which confirmed this when a shadow flicker assessment was undertaken in May 2011. However, the golf club is located 250m to the west of the turbine but it is believed that there will be no significant impact on the course users given the distance of the application site and its setting in relation to the golf course. 5.19 It is noted in the Welsh Government’s paper on micro-production that noise levels of 40dB(A), (British Wind Energy Association reference, the Welsh Government’s TAN 8 and the ETSU-R-97 document of the Energy Technology Support Unit which has now been disbanded) or lower, should be sufficient to safeguard the amenities of nearby residents from any substantial risk of the development affecting their amenities in the evenings. There is considerable disagreement between the applicant and the objectors in relation to the validity and the accuracy of the background noise level figures, however, the Public Protection Unit has responded with observations that should the Authority approve the application, then a number of stringent conditions should be imposed to ensure that the turbine complies with the requirements of ETSU-R-97 and that the noise level will not increase beyond 35dB(A) L90 and that these levels should be monitored. The article in the Planning magazine (January 2012) confirms that the best way for planning authorities to control noise impact is to quote the requirements of ETSU-R-97 as this would then offer reasonable protection for the local residents against any noise disturbance. Therefore, in this case the noise impact can be controlled by imposing planning conditions with any permission. From this perspective, it is believed that the proposal complies with the requirements of Policy B33 (developments that create nuisance or pollution in terms of noise, air, water or soil pollution) and the contents of TAN 11, ‘Noise’ (1997).

5.20 The residents of the nearest houses to the site (including Tyddyn Alys and Tyddyn Meical) have also submitted objections on the grounds that the turbine, due to its size, design and proximity to the residential dwellings would create an ominous physical structure that would be a permanent mask (for at least 25 years) to the residents of these dwellings despite the fact that these dwellings are located approximately 458m and 467m to the south-west of the application site on land that is 8m above the level of the ground where it is proposed to site the turbine. Appeal cases indicate that no strict general rule is applied in terms of the distance between wind turbines and residential dwellings and those decisions on such applications are made by taking into account the specific details and local circumstances of each case. Despite the fact that private views are not legally protected, the impact on the living conditions of the residents of the houses is an important and material consideration and it is believed in this case that there is sufficient reason to be concerned that there could be an unacceptable impact on the amenities of the residents of these dwellings that can not be mitigated or controlled by imposing planning conditions. Therefore, it is believed that the proposal is contrary to the requirements of Policy B23 (safeguarding the local neighbourhood amenities) and Strategic Policy 9 (ensuring that plans to provide energy from renewable sources do not harm the amenities of nearby residents).

Traffic and access matters 5.21 The road network and the nearest rights of way/public footpaths are present around the site. The Highways Unit referred to the fact that should the application be approved that there will be a need for the applicant to submit a detailed traffic management plan especially for the turbine construction period when sections of the turbine will be transported to the site on heavy vehicles. Appeal outcomes have shown that this element of the proposal can be managed by imposing relevant planning conditions. The nearest public right of way to the site is located approximately 300m to the south and due to this distance; the Rights of Way Unit has no objection. Therefore, the proposal complies with Policy CH22 (cycling network, paths and rights of way) and Policy CH33 (safety on roads and streets) of the Unitary Plan.

Biodiversity matters 5.22 As part of the application an ecological assessment was submitted with the application which concludes that there will be no significant harmful impact on the site's ecology. The assessment included protected species, birds, badgers and bats. The objectors are concerned about the impact of the turbine on the area's wildlife (including owls); however a response to the proposal was submitted by the Countryside Council for Wales saying that it had no objection to the proposal provided that the requirements of the Natural Environment and Rural Communities Act 2006 were considered. The Council’s Biodiversity Unit also submitted a response saying that it had no concerns regarding protected species such as bats and birds, however an explanation was required in relation to the cloddiau being removed and the possibility of having additional photomontages from the direction of Bontnewydd. It is believed, in this context, that there will be no negative implications for the area’s wildlife/ecology, and as referred to the appeals and court proceedings, such matters can be managed by imposing relevant conditions on any planning permission. It is therefore believed that the proposal is acceptable on the grounds of the requirements of Policy B20 (species and their habitats that are of international and national importance) of the Unitary Plan.

Archaeological Matters 5.23 The Gwynedd Archaeological Planning Service recommends imposing a condition in any planning permission which relates to submitting archaeological details before any development is commenced.

Public safety and crime prevention 5.24 As referred to in the above assessment, there will be no intention to open the site to the public, and the public and school children will only be able to obtain access to the site by appointment only with the applicant.

Sustainability matters 5.25 As referred to above, the Welsh Government and local planning authorities encourage the population to increase the levels of electricity generated by renewable sources and the need for wind turbines to play an important part to meet the Government’s targets for renewable energy generation is established. The planning system should direct such developments to the most appropriate locations in order to safeguard the environment and the society. In this case it is believed, for the abovementioned reasons, that the Government’s objective of promoting renewable energy in the form of wind turbines is not sufficient to alleviate the concerns of the Local Planning Authority or third parties in relation to locating this type and size of turbine in this particular location.

Relevant planning history 5.26 This particular site has no planning history apart from the pre-application consultation with the Minerals and Waste Officer and the subsequent screening opinion.

Community Benefit/ 106 Agreement Issues 5.27 In his planning statement, the applicant states that the approving the application would enable the applicant to contribute approximately 1,330MWhr to the electricity network, which equates to 8% of the energy requirements of the population of Caernarfon and would therefore reduce the losses of transferring electricity.

Cumulative Effects 5.28 The third parties/objectors are concerned that approving this application could set a precedent to approving other wind turbines in the area to the detriment of the beauty of the landscape. However, all cases must be dealt with individually and the Local Planning Authority's assessment of the suitability of the site and the type of wind turbine is totally dependent on the site's unique features and its background / setting in the landscape.

Economy and Tourism 5.29 A number of the objections are concerned with the impact of the proposal on the local economy and tourism in the area, especially concerns by the owners of local holiday parks who state that erecting the turbine would mean that visitors would no longer visit the area due to the existence of such a structure affecting the visual amenities of the landscape. However, numerous studies have been undertaken, for example by the Scottish Government (2008), the British Wind Energy Association (2006) and the Renewable UK Cymru Strategy Group (2011) which state that the impact of wind farms on the local economy and on tourism are insignificant and in this case there is not enough firm evidence (to enable refusing the application) that the proposal would have a detrimental affect on the local economy and on the visitor numbers to the area.

Response to the public consultation 5.30 As referred to in the above assessment, a substantial and varied number of objections have been submitted since the work was advertised, and it is believed that the Local Planning Authority has considered these objections as material considerations in preparing a recommendation for this application.

6. Conclusions:

In analysing the above assessment, it can be concluded:-

 That the principle of wind developments in the countryside is generally acceptable, in order to meet with national objectives for making greater use of renewable energy.  It can be argued that the applicant will benefit economically, without many benefits to the local economy.  Numerous objections in relation to the negative impact of the structure (on the grounds of its size and design) on the landscape, environment, local economy, ecology and wildlife, local residents, transport and the cumulative impact of wind turbines in the area.  There will be no detrimental impact on public rights of way, not enough evidence to refuse the application on grounds of its impact on the local economy, there will be no impact on transportation and road safety (need to submit a traffic management plan), ecology and biodiversity, archaeological implications (relevant condition) or flooding implications.  It is believed that the proposal has a detrimental impact on the setting of the castle and the broader landscape of the castle from the west.  There are a number of statutory and local landscape designations which surround the site such as part of the Anglesey AONB to the west, a Special Conservation Area (Menai Straits and Colwyn Bay) and the Foryd Site of Special Scientific Interest to the south, although the site itself has not been earmarked as an area of special landscape by LANDMAP or by the Gwynedd Unitary Development Plan.  It is believed that the proximity of a turbine of this size to residential dwellings has a detrimental effect on the amenities of the residents of these dwellings.  It is believed that a turbine of this size along with its location would have a detrimental impact on the character of the landscape despite the fact that it can not be seen in its entirety from some of the viewpoints in the surrounding area.

As referred to in the above assessment, harnessing natural energy such as wind is crucial in order to ensure that Wales and the United Kingdom meet the 2020 target of generating energy from renewable resources and wind energy could also support diversification in the countryside by giving farmers the opportunity to sell or rent land to commercial wind energy companies or to support community projects.

In this case, the policy objectives which promote renewable energy conflict with the policies that safeguard and protect the landscape and, therefore, outweigh the applicant's need for a tall turbine and renewable energy interests.

7. Recommendation:

7.1 To refuse – reasons -

1. The proposal is contrary to the requirements of Policy B3 of the Unitary Plan, Circular 61/96 and Welsh Government advice as it will have a detrimental impact on the castle’s setting in the landscape.

2. The proposal is contrary to the requirements of Policy B13, B23, C26, Strategic Policy 4 and Welsh Government advice regarding protecting and safeguarding the landscape from incompatible developments.

3. The proposal is contrary to the requirements of Policy B23 and Welsh Government advice which safeguards the amenities of the local neighbourhood.

Number: 3

Application Number: C11/0984/34/LL Date Registered: 21/03/2012 Application Type: Full - Planning Community: Clynnog Ward: Clynnog

Proposal: ERECTION OF TWO STOREY DWELLING AND DETACHED GARAGE AND THE CREATION OF A WIDER ACCESS TRACK Location: TYDDYN SOAR, LLYS EBEN, CLYNNOG FAWR, GWYNEDD, LL545AQ

Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:

1. Description:

1.1 A full planning application to construct a single house on a site of which the majority is within Clynnog’s development boundary. The access track and part of the front of the site are not within the boundary, although the proposed house is all within the boundary. It is intended to construct a four bedroom property with a separate garage, and an adequate sized garden. There would be no first floor windows on the western boundary. It is intended to locate the garage on part of the site which is adjacent but not precisely on the boundary with Canolfan Uwchgwyrfai’s garden to the west, and the proposed house to the other side. It is intended to plant a hedge on the western boundary, and to erect a fence along the eastern and southern boundaries of the site. Amended plans have been received changing the location of the proposed house and garage in response to the concerns that have been raised in the objections. The amended plans also show an entrance and access track which are wider than the original proposal.

1.2 The building would be finished in render and stone, with a slate roof; the garage would also be rendered and have a slate roof.

1.3 There is no development to the north or east of the site, there is a car park for a housing estate to the south, and gardens (at an angle) to the east. The houses within these plots also face the plot at an angle, and are located at a distance of approximately 20m.

1.4 The derelict building is in a very poor condition and the site isn’t suitable for conversion. The site is overgrown and some materials have been dumped there.

1.5 Along the western boundary there is a wall with a fence on top, and a garden building (single floor mono-pitch) which is within Uwchgwyrfai’s community garden. The garden is part of Canolfan Gymunedol Uwchgwyrfai, and is fairly sizeable. There is a also a patio to the side of the shed along the boundary. Surrounding the garden there are buildings and their gardens, which are located within the boundary.

1.6 The existing entrance is fairly narrow, and as the applicant owns the land adjacent to the entrance it is intended to widen the track to the site and also the entrance to the main road. 1.7 The site is located within the AONB and Canolfan Uwch Gwyrfai is a listed building.

2. Relevant Policies:

2.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that planning decisions should be in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.

2.2 Gwynedd Unitary Development Plan 2009:

POLICY B3 – DEVELOPMENT AFFECTING THE SETTING OF LISTED BUILDINGS

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

POLICY B8 – LLŶN AND MÔN AREAS OF OUTSTANDING NATURAL BEAUTY (AONB)

To safeguard, maintain and improve the character of the Area of Outstanding Natural Beauty by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features of the site.

POLICY B22 – BUILDING DESIGN

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

POLICY B23 – AMENITIES

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

POLICY B25 – BUILDING MATERIALS

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

POLICY C7 – BUILDING IN A SUSTAINABLE MANNER

Proposals for new development, or for the adaptation and change of use of land or buildings will be refused where consideration has not been given to specific environmental matters. Proposals must conform to specific criteria relating to building in a sustainable manner, unless it can be demonstrated that it is impractical to do so.

POLICY CH4 – NEW DWELLINGS ON UNALLOCATED SITES WITHIN THE DEVELOPMENT BOUNDARIES OF LOCAL CENTRES AND VILLAGES Approve proposals to build new dwellings on unallocated sites within the boundaries of Local Centres and Villages provided they conform to criteria aimed at ensuring an affordable element within the development.

POLICY CH33 – SAFETY ON ROADS AND STREETS

Development proposals will be approved provided they can conform to specific criteria relating to the vehicular entrance, the standard of the existing roads network and traffic calming measures.

POLICY CH36 – PRIVATE CAR PARKING FACILITIES

Proposals for new development, extensions to existing development or change of use will be refused unless off-street parking is provided in accordance with the Council’s current parking guidelines, and having given due consideration to the accessibility of public transport, the possibility of walking or cycling from the site and the proximity of the site to a public car park.

Gwynedd Design Guidelines

2.3 National Policies: PPW 2011 TAN 12 Design

3. Relevant Planning History:

C05D/0586/34/AM – outline application for one house approved with a 106 Local Need agreement in 2006. The 106 does not have effect until the development commences.

4. Consultations:

Community/Town Council: No objection

Transportation Unit: No objection to the proposal. Further to my previous comments I recommend that the entrance is constructed in exact accordance with the amended plan.

Welsh Water: Standard conditions.

AONB The application site lies within the Llŷn AONB. The Llŷn AONB was designated in recognition of the area’s exceptional landscape and coastline. The AONB is safeguarded by national and local policies. Some of the nearby buildings are also listed. The site is fairly concealed as there are trees and hedges surrounding the site. The entrance is narrow and unremarkable with a traditional iron gate. At present the buildings are derelict and rubbish has been dumped alongside the Council houses. There is no objection to the outline application to construct a two-storey house of the type proposed on the site. However, to lessen the development’s prominence there should be a restriction on felling trees and hedges and the changes to the entrance should be controlled.

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The consultation period ended on 2/3/12 and three responses were received with three signatures, and one on behalf of the garden’s volunteers. Having received the amended plans, another consultation was held with everyone, including the original objectors. At the time of writing the report, this consultation period had not ended. These objections originally received related to:

 An exceptionally large and high new house overlooking the herb garden  Too close to the boundary, casting a shadow over the garden and plants  Concern about the boundary wall which faces the side of the garden  Plants also grow on top of the wall  Need to keep the wall  Need to ensure that the shed that is part of the boundary is protected and retained.  The location of the proposed house disrupts the morning sun to the adjacent garden, affecting the growth and long term prosperity of the plants.  Disturbs the tranquility and the peaceful atmosphere of the garden that attracts a high number of visitors. Impacts the value of the garden and its potential future income.  The garden’s important educational use  No residential right to the proposed site.  Unacceptable entrance and narrow road to the site  Will add considerably to the traffic that will have an impact on visitor numbers to the community garden.  A ditch near the entrance  Concern about parking on the roadside  Concern about overlooking  The plans for the adjacent site (not the proposed site) are misleading  The house is an overdevelopment  Draw attention to the fact that the Yr Ysgoldy is a listed building.

5. Assessment of the material planning considerations:

The principle of the development

Policy CH4 deals with new housing developments on undesignated sites within village boundaries, and states that a proportion of the units on each site must be affordable. There is no requirement for one house to be affordable, so the proposal is appropriate in principle in accordance with this policy. Policy B22 relates to the building design and asks the proposal to respect the site in terms of scale, size, form, density, location, plan etc.; and for it not to have an unacceptable detrimental impact on the form and character of the townscape or on prominent public vistas.

It is considered that the plan suits the area, and reflects the local scale, form and characteristics in terms of design and materials, and that the dimensions of the proposed building are suitable for a plot of this size. It is also considered to be acceptable in the context of the scale, form and features of the surrounding buildings, and the neighbouring listed building as it will not have a detrimental impact on it. It is a successful plan and creates a property with character, with an internal plan that is easily understood, making appropriate and clever use of space. Based on this and on the intended materials as outlined in the description it conforms to Policies B3, B22 and B25.

Visual amenities

Policy B8 states that the policy’s aim is to safeguard, maintain and enhance the character of the AONB. Development proposals that would cause significant harm to the landscape and coastline will be refused. As the site location is near to existing developments on the village outskirts I am of the view that that it is not contrary to Policy B8, and this is supported by the comments of the AONB Unit. The boundaries/planting can be controlled by means of an appropriate condition on any approval.

General and residential amenities

It is considered that the proposal ensures the reasonable privacy of nearby users and that no unacceptable overlooking or overdevelopment derives from the proposal, as the nearby houses are at a satisfactory distance and located at an angle to the proposed site/house. There are no first floor windows that overlook private areas such as the adjacent gardens.

The size of the plot and the proposed house means that the site is not overdeveloped and this reflects the size of nearby plots. It is not considered that one four-bedroom property will lead to a considerable increase in traffic within the area, especially considering that there are existing houses surrounding the site, and a car park for the nearby housing estate. The proposal therefore complies with Policy B23.

Traffic and access matters

The matters relating to highways are acceptable for one house subject to the relevant highways conditions regarding the entrance, gates, finish etc. and it is considered that the parking is sufficient for the development in accordance with Policies CH33 and CH36. The matters relating to the entrance and track can be controlled by means of an appropriate condition on any approval.

Sustainability matters

A CODE assessment that was submitted with the application shows that the proposal will be able to meet Level 3 in accordance with Policy C7.

Consultations

Letters of objection were received drawing attention to a number of issues as noted above. In response to these objections:

1. The size and scale are discussed above. 2. There would be no first floor windows overlooking the site. This can be controlled by means of a condition. 3. In respect of the boundary wall, a hedge is shown along the western boundary while the existing wall is retained, and a fence is shown along the eastern and southern boundaries. These can be ensured by means of appropriate conditions. It will also be appropriate to ask for the details of landscaping/boundaries as a condition of approval. However, the Party Wall issues will be a civil matter between the owners and not a matter for the LPA. 4. It is not deemed that the size or location of the proposal will cast a shadow on any neighbouring houses or any nearby private areas. 5. It is not considered likely that the proposed garage or house to the east of the site will cast an unreasonable amount of shadow on the adjacent garden. 6. It is not considered likely that the proposed garage or house to the east of the site will create an unreasonable amount of noise or nuisance to the adjacent garden. 7. The applicant has tried to respond to the concerns raised by the objectors and has produced an amended plan changing the location of the garage and improving the entrance.

Conclusions:

6.1 Based on the above assessment, and having considered all the objections received following the first consultation period, it is not considered that the proposal is contrary to the relevant policies, nor are there any material planning considerations that state otherwise.

Recommendation: To approve – conditions

1. time 2. plans 3. materials 4. parking 5. entrance/track 6. CODE 7. water 8. boundaries 9. PD windows

Number: 4

Application Number: C11/1007/45/LL Date Registered: 08/12/2011 Application Type: Full - Planning Community: Pwllheli Ward: Pwllheli South

Proposal: APPLICATION FOR THE DEMOLITION OF EXISTING SINGLE STOREY MANAGER'S ACCOMMODATION TOGETHER WITH PROVISION OF PARK HOME TO BE USED AS MANAGER'S ACCOMMODATION; RECONFIGURATION OF SITE LAYOUT TO INCORPORATE EXISTING BOAT GARAGE AREA AND ASSOCIATED ENVIRONMENTAL IMPROVEMENTS. Location: GIMBLET ROCK CARAVAN PARK, PWLLHELI, LL535AY

Summary of the Recommendation: TO APPROVE SUBJECT TO CONDITIONS

1. Description:

1.1 This is an application to demolish an existing single storey manager’s accommodation and replacing it with a park-home for the manager; reconfiguration of the site layout to allow use of the existing boat store along with associated environmental improvements.

1.2 The application site is an existing holiday unit park for 131 units. A new facilities building has already been approved and constructed, along with the reconfiguration of eight holiday units and environmental improvements. This application seeks to offer further improvements to the site. The site is open between 1 March and 10 January in any year.

1.3 The site is located on foreland near Gimblet Rock on the outskirts of Pwllheli; which is between Pwllheli harbour and Tremadog Bay. A building to accommodate the site manager is located on the site; however it is in a state of disrepair and is an eyesore. There is also a small boat store on the site which serves those who want to keep their boats on the site.

1.4 It is intended to demolish the permanent single storey building which is used as the manager’s accommodation and installing a park-home in another location on the site as manager's accommodation (unit no. 60). The existing accommodation is located in the centre of the site and it is intended to relocate holiday units there from another location on the site.

1.5 It is intended to relocate units on the site in order to make use of the boat yard to site holiday units. It is intended to move holiday units from various places on the site in order to allow the siting of two units on the old manager’s accommodation site and three units on the old boat yard site. Planning permission exists under reference no. C07A/0680/45/LL for 131 holiday units and this will be the total number of units on the site for holiday use. There will be one additional unit for use as manager’s accommodation.

1.6 It is intended to make environmental improvements to the site, which will include new planting and erecting a dry-stone wall near the entrance and along the site boundary near the entrance. This will replace a white upvc fence which is currently on the site. It is noted in the design and access statement that it is intended to use local granite for the walls. It is intended to plant on the site boundary along the boat yard site, along with new planting between the new holiday units which will be moved there from another location on the site and various other locations around the existing site. It is also intended to install children’s play equipment near the existing facilities building.

2. Relevant Policies:

2.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that planning decisions should be in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.

2.2 Gwynedd Unitary Development Plan 2009:

POLICY B13 – PROTECT THE OPEN COASTLINE Protect the open coastline by ensuring that proposals are not permitted unless they conform to a series of criteria aimed at avoiding significant damage to recognised features.

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

POLICY B27 – LANDSCAPING SCHEMES Ensure that permitted proposals incorporate high quality soft/hard landscaping which is appropriate to the site and which takes into consideration a series of factors aimed at avoiding damage to recognised features.

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

POLICY CH17 – PERMANENT RESIDENCY IN CARAVANS, CHALETS AND CABINS Proposals to use static caravans, chalets or cabins for permanent residential use will be refused except in specific cases.

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

POLICY CH38 – SAFEGUARDING EXISTING FACILITIES Proposals to change the use of buildings used to provide educational, health and community facilities will be refused unless they conform to a series of specific criteria related to the need within the community for the existing service, availability of similar facilities within reasonable distance, the viability of the existing service and also considerations related to the environment and amenities.

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

POLICY D17 - UPGRADE STATIC HOLIDAY CARAVAN SITES AND EXISTING HOLIDAY CHALETS Proposals to upgrade static holiday caravan sites and existing holiday chalets using specific methods will be approved if they conform to criteria regarding improving the range and quality of accommodation and facilities; substantial and permanent improvements to the design, setting, and appearance of the site and its setting in the surrounding landscape; along with increasing the number of units.

2.3 National Policies:

Planning Policy Wales February 2011 TAN 13 Transport

3. Relevant Planning History:

3.1 Application / appeal reference. Application address. Description of the proposal. Decision and date.

C07D/0680/45/LL – RELOCATING EIGHT HOLIDAY UNITS, ENVIRONMENTAL IMPROVEMENTS AND LANDSCAPING BLOCKS. APPROVED 13.03.2009

C02D/0653/45/LL – RETAINING TWO STATIC CARAVANS. APPROVED – 17.02.2003

4. Consultations:

Community/Town Council: At a meeting of the Town Council on Tuesday evening 3 January 2012, it was stated that there was no objection to the application subject to retaining rights of way on the footpath to the beach.

Transportation Unit: I refer to the aforementioned application and wish to state that I do not intend to submit a recommendation as it is supposed that the proposed development would not have a detrimental impact on any road or proposed road. I recommend that you bring the application to the attention of the Rights of Way Officer as the proposal impacts upon the public footpaths through the site.

Environment Agency: Given the scale of the proposed development, and in the absence of a Flood Consequence Assessment, we deem that the degree of risk could be acceptable if the developer is notified of the potential flood risks, and he is advised to include flood resistance measures in the development.

Welsh Water: A main sewer crosses the site. Propose standard conditions.

Rights of Way Officer: I refer to the aforementioned application. The Countryside and Access Department is concerned that by-way no. 2 Pwllheli is protected during and at the end of this development. Prior to approving this application I suggest that you obtain further information from Gwynedd Council Transportation Department regarding erecting barriers to slow down traffic travelling through the site. Caravan Officer: Approve

Further to a visit undertaken in accordance with site licence conditions and health and safety matters on 22-03-2012 and 23-03- 2012. During the visit, it was noted that issues existed which were in breach of the site licence conditions, health and safety and fire safety matters which are listed as follows:-

1. Boats. Boats are stored between caravans which can be disadvantageous in allowing the boat owner to exit the caravan safely should the boat catch fire, not to mention being a breach of licence conditions.

2. Boat Store. It was noted that the boat store holds approximately 12 boats which appears fairly full and, consequently, a maintenance yard near the boat store has already been converted to be an additional boat store. Back in 1997, it was noted that correspondence by this department noted the need for a boat store. The boat store was permitted but, despite this, there is insufficient space in the boat store to accommodate the remaining boats which are kept between units and amongst caravans on the site which is contrary to the site licence conditions.

3. Gas tank. The gas store sits within the boat store although it is sited within a fence and two external side walls. There are boats which are located around the gas store that are too close to the gas tanks. (This distance is contrary to guidelines by the LP Gas Association) ‘Codes of Practice 1, Bulk LPH Storage at fixed Installations Part1: Design, Installation and Operation of Vessels Located above Ground’.

4. Fence within the width between units. A fence which is installed from caravan to caravan is in breach of the condition of having 3.5 metres clear between units.

5. Sheds. The sheds on the site are plastic ones. In order to comply with licensing conditions the sheds should be incombustible (metal).

6. Site Licence. The applicant will be required to apply to amend the site licence to be in keeping with the proposed amended plan for holiday caravans and apply for a licence for the warden’s caravan on the site.

7. Recommend a planning consultation with the fire service.

Recommend that this application should be approved to ensure compliance with the licensing conditions, health and safety matters and fire safety.

The applicant will be required to apply to amend the site licence. Public Consultation: A notice was placed on the site. The consultation period ended on 12.01.12 and nine letters / correspondence were received objecting to the application on the following grounds:

 Loss of boat storage facility on the site will mean a loss of tourism to the area  Existing services in a poor condition and causing problems on the site and, therefore, it will not be possible to deal with additional units  Alleging that there will be no environmental improvements as the drains are poor, lack of facilities, no children’s play area and loss of boat storage  Alleging that there will be an increase in the number of units as units are located in the boat storage area  Alleging that the loss of the boat storage area is contrary to the Council’s planning policies to promote maritime and recreation facilities in the area  That a notice of the application was not placed on the site.

As well as the above-mentioned objections, objections were submitted that were not valid planning objections, which include:  Loss of boat storage facilities on the site will mean further costs for those who have a boat to store elsewhere.  Alleging that there is agreement between the site residents and the owner stating that there is a boat storage area available on the site.  Site residents do not want people to store their boats between the units.  That storing boats between holiday units will mean a loss of views over the sea.  That storing boats between holiday units is dangerous and will affect health and safety on the site.  That boat storage facilities is central to the decision of some residents to remain on the site.  That the loss of boat storage facilities on the site forces residents to spend money within the local economy.  That boat storage outside the site is too costly.

5. Assessment of the material planning considerations:

The principle of the development

Policy D17 of the Gwynedd Unitary Development Plan involves assessing applications for upgrading static holiday unit sites. The policy permits proposals to upgrade existing static holiday caravans and holiday chalets sites by relocating static holiday caravan units or holiday chalets from prominent locations to less prominent locations subject to the proposal complying with specific criteria.

In this case, it is intended to improve the site by relocating some of the holiday units to plots which are created due to the demolition of the manager’s accommodation along with the loss of the boat storage area. The five units to be moved are currently located in an area of the site which is overcrowded and close to the existing laundry facilities building and at the end of rows of units. Also, it is intended to swap two units (nos. 70 and 109) along with replacing a single unit with a double unit on plot no. 34 and replacing plot no. 85. There will be no increase in the number of holiday units. Replacing the units will mean using plots which need to be restored.

The majority of the site is located on flat land; however, the level of the land elevates slightly towards the rock at the rear of the site. Units already exist towards this high land, but it is intended to relocate these five units also. It is not considered that the units are moved from prominent locations to less prominent locations; however, it is not considered that the relocation causes a detrimental effect on the visual amenities of the area either, because units already exist in this area and that the Rock acts as a backdrop.

It is considered that the improvements, which include relocating units, demolishing the manager’s units (an unkempt flat roof building), landscaping, replacing a white plastic fence with dry-stone walls and installing children’s play equipment, comply with the criteria which include ensuring that the development improves the range and quality of the accommodation and facilities for visitors and that the development offers substantial and permanent improvements to the design, layout and texture of the site and its place in the landscape.

It is, therefore, considered that the proposal now complies with policy D17 of the Gwynedd Unitary Development Plan.

Policy CH17 of the Gwynedd Unitary Development Plan involves assessing proposals for using static caravans as permanent residencies. In general, the policy is against similar proposals, unless it exempts, and that the proposal means installing a unit for the existing caravan park warden.

In this case, the proposal includes demolishing existing residential units for the site manager along with installing a purpose-built holiday unit for residential use by the site manager on another location within the caravan site. It is, therefore, considered that the proposal complies with policy CH17 of the Gwynedd Unitary Development Plan.

Visual, general and residential amenities

The site in question is located on foreland on the outskirts of Pwllheli, near Gimblet Rock. One side of the site faces Pwllheli marina and the other side faces Tramadog bay. The majority of the site is flat, but the area closest to Gimblet Rock elevates towards the rock. It is intended to relocate some of the units from the flat area on the highest part of the site where the manager’s accommodation and boat store currently are.

Despite this change, it is not considered that the proposal has a detrimental effect on the appearance of the open coastline or the visual amenities of the area as the sites are already within the caravan site boundaries and that buildings/boats are already located there. It is also intended to landscape the site boundary and the rock itself alleviates any impact on the appearance of the coastline from the sea.

Policy B13 of the Unitary Development Plan involves protecting the open coastline. As the site already exists and as it will not have any further detrimental effects on the landscape it is, therefore, considered that the proposal complies with the requirements of this policy.

Policy B23 of the Unitary Development Plan involves protecting the amenities of the local neighbourhood and sets out specific criteria. In this case, it is considered that the improvements to the site are likely to secure and protect the amenities and privacy of the site residents by relocating some of the units. There is no increase in number of units for holiday use and the proposal does away with the existing small boat store; therefore, it is not considered that the proposal is tantamount to an overdevelopment of the site or that there will be any increase in traffic or noise. It is considered that the relocation of units will make use of disused and unkempt plots of the existing site and will create a site where there will be fewer opportunities for individuals to behave in an antisocial manner in a concealed and remote corner of the site. It is also considered that the proposal has taken into consideration the needs of all possible users of the site including disabled people. Therefore, it is considered that the proposal complies with all the requirements of this policy.

Policy B27 of the Gwynedd Unitary Development Plan involves assessing applications for landscaping sites. The policy permits proposals subject to the plans incorporating soft / hard landscaping of a high standard which is appropriate for the site and the local area. Landscaping a coastal area can cause problems due to a salty and hard climate. In this case, past landscaping plans have been successful and it is intended to use the same type of plants and dry-stone walls in order to be in keeping with the landscape which already exists on the site, as well as ensuring that the plan will work on the site. It is, therefore, considered that the proposal complies with the requirements of policy B27 of the Gwynedd Unitary Development Plan.

Traffic and access matters

Policy CH33 of the Gwynedd Unitary Development Plan involves assessing proposals in terms of safety on roads and streets. In this case, there is no increase in units and, therefore, it is not considered that there will be any change to safety on roads and streets.

Flooding issues

Policy B29 of the Gwynedd Unitary Development Plan involves assessing developments on flood risk lands. Despite this site being partly located within a C1 zone, as the site already exists and given the scale of the development, it is considered that the risk could be acceptable if the developer is notified of the potential flood risks, and he is advised to include flood resistance measures in the development. It is considered that the proposal complies with all the requirements of this policy.

Response to the public consultation

A notice was displayed on the site, and nine letters / correspondence were received objecting on grounds of the following points, which are given an individual response:

 Loss of boat storage facility on the site will mean a loss of tourism to the area

There is currently a small boat store on the site which has been granted planning permission. The boat store is for the use of the holiday site residents only and it is not open to the public. The store is small and does not serve all the boat storage needs of the whole site. It was estimated that approximately 12 boats were present in the boat storage area during the planning officer's site visit. There are 131 holiday units on the site.

Additionally, the holiday site is located on foreland which faces the Pwllheli marina and close to many businesses which already offer boat storage services. It is not considered that the loss of boat storage on this site will have an unacceptable impact on the tourism facilities for the area, based on its size and what it offers the whole site. It is considered that the site would benefit from getting rid of the small store as it is not adequate to offer services for a significant percentage of the site and because it will free-up space for the relocation of holiday units.  Existing services in a poor condition and causing problems on the site and, therefore, it will not be possible to deal with additional units

The application does not propose more units for holiday use; this number will continue to be 131. It is intended to demolish the existing building which offers accommodation for the manager, along with installing holiday units for residential use by the manager in its place. Therefore, there will be no increase in the number of holiday/residential units.

 Alleging that there will be no environmental improvements as the drains are poor, lack of facilities, no children’s play area and loss of boat storage

The improvements included soft and hard landscaping on the site boundaries and internally. It is considered that demolishing the single storey building used as manager’s accommodation will be an improvement to the site, as well as relocating some of the holiday units. It is intended to install a children’s play area near the existing facilities building. It is considered that the improvements are adequate in this case and there is no increase in the number of units.

 Alleging that there will be an increase in the number of units as units are located in the boat storage area

There is no increase in the number of units for holiday use. Five units will be relocated; there is one additional unit on the proposed plan as the existing plan shows 130 units only whilst there is permission for 131 units on the site. There is one additional holiday unit but this unit is to be used as the manager's accommodation and, therefore, will be limited to this use.

 Alleging that the loss of the boat storage area is contrary to the Council’s planning policies to promote maritime and recreation facilities in the area

The Unitary Development Plan policies are supportive of proposals to create and extend new attractions and facilities, specifically policy D13. In this case, it is considered that the holiday park is the tourist attraction and not the boat store which is located within the holiday park for use by some of the residents. Additionally, the site is located within an area which offers a number of boat storage and repair facilities locally. Therefore, it is considered that the loss of a small boat store which serves the holiday park only does not have a detrimental effect on the standard of tourism facilities in the area. Policy CH38 of the Unitary Development Plan involves safeguarding existing community facilities. It is considered that there are adequate public boat storage facilities in the area already and that the loss of this small private store will not have a detrimental effect on these local businesses.

 That a notice of the application was not placed on the site.

A notice was placed on the entrance to the holiday park on 22 December 2011 by the case planning officer.

The objections also raised points which are not considered to be material planning matters in this case, including the following:

 Loss of boat storage facilities on the site will mean further costs for those who have a boat to store elsewhere. There are adequate boat storage facilities in the vicinity of Pwllheli to ensure that prices are competitive; it is not a matter for the Local Planning Authority to assess this cost of boat storage.

 Alleging that there is agreement between the site residents and the owner stating that there is a boat storage area available on the site.

Any agreement is a civil matter between the site owner and the residents.

 Site residents do not want people to store their boats between the units.  That storing boats between holiday units will mean a loss of views over the sea.  That storing boats between holiday units is dangerous and will affect health and safety on the site.

Documents submitted as part of the application, along with the site visit and consultation with the relevant caravan officer, have highlighted that residents tend to store their boats near their holiday units on the site as the boat store is full.

The health and safety element of storing boats in such a way is dealt with under the site licence. The Local Planning Authority is not of the opinion that this matter is a material planning consideration, as it is considered that a boat near a holiday unit is tantamount to any associated vehicle and, therefore, does not require further permission. It is apparent from the documents which have been included as part of the planning application that the site owner intends to do away with all boats from the site in order to comply with the site licensing requirements and it is not a matter in which the Local Planning Authority can intervene.

 That boat storage facilities is central to the decision of some residents to remain on the site.  That the loss of boat storage facilities on the site forces residents to spend money within the local economy.  That boat storage outside the site is too costly.

It is a personal matter to consider whether specific site facilities are adequate for the needs of an individual. It is considered that there are adequate facilities locally for boat storage should any individual so wish.

6. Conclusions:

6.1 I do not consider the proposal to be contrary to any relevant policy. The proposal is not likely to have a detrimental effect on the amenities of the local area or any nearby properties.

7. Recommendation:

To approve – conditions 1. Five years 2. That the development is completed in accordance with the plans submitted 3. Landscaping 4. Dry-stone walls to be erected using a stone which is in keeping with what is already used on the site. 4. To restrict the use of the manager’s unit for accommodating the manager only 5. To limit the site to 131 holiday units at any time 6. To limit holiday use to a specific period of 10 and a half months.

Number: 5

Application Number: C11/1103/15/AM Date Registered: 30/11/2011 Application Type: Outline Community: Llanberis Ward: Llanberis

Proposal: OUTLINE APPLICATION FOR THE ERECTION OF 11 DWELLINGS, SITE CLEARANCE AND CREATION OF NEW ENTRANCE AND ESTATE ROAD (AMENDED SCHEME TO PREVIOUSLY REFUSED APPLICATION FOR 16 DWELLINGS REF NO. C10A/0506/15/AM) Location: LAND NEAR TŶ DU ROAD, LLANBERIS, CAERNARFON, GWYNEDD, LL554HD

Summary of the TO DELEGATE POWERS TO APPROVE Recommendation:

1. Description

1.1 Following a discussion on the application at the meeting on 27 February this year, it was resolved to defer a decision in order to hold further discussions with the applicant regarding the possibility of reducing the number of dwellings to 11, to obtain further information from the Environment Agency / Welsh Water regarding the effect of sewerage on Llyn Padarn, and to obtain further details regarding the outcome of the appeal submitted in relation to the refusal of the previous application.

1.2 A discussion was held on these matters between the authority and the developer, and it was agreed that he would submit and amended plan showing 11 houses.

1.3 The application has therefore been amended from its original submission by eliminating three dwellings from the plan, thus creating a new total of 11 dwellings for the site.

1.4 Following concerns expressed regarding the possible effects of the drainage of foul water from the above development on the quality of the water in Llyn Padarn, further information was requested from the Environment Agency and Welsh Water regarding the matter.

The following response was obtained, having asked for the Environment Agency’s opinion: “The Environment Agency considered these potential impacts last year on the previous, similar application (C10A/0506/15/AM). Our conclusion during that application, (we refer to our letter dated 13th July 2011), was that we were unable to maintain our objection to the application, as Dŵr Cymru / Welsh Water had committed to improve the sewer network within Llanberis. This is still the case.

You will be aware, as Gwynedd Council are a partner within the Forum involved in investigating the issues of algal blooms within the lake (along with ourselves, Dŵr Cymru / Welsh Water and the Countryside Council for Wales) that «discussions are continuing with regard to the nature of the improvements required. The Environment Agency is discussing the options available with Dŵr Cymru / Welsh Water, in order to confirm the nature of the actions required, to bring about a long-term solution to the problem. We enclose a copy of the summary report of the investigations. The full report is available if you wish to view this.

We therefore feel that given the above, we would still be unable to maintain an objection to the application. We remind you of the two conditions regarding surface water drainage that we recommended in our previous letter, if permission is granted to the proposed development.”

1.5 At the time of writing this report, no response had been received from Welsh Water.

1.6 The appeal decision had not been made at the time of writing this report, therefore no observations can be provided on this matter in accordance with what is noted in the minutes of the committee held on 27 February, and because of the timetable for appeals, it would not be reasonable to defer the application for this reason alone, because it is requisite that an application is determined on its own merits.

1.7 This application is a resubmission of a previously refused application (ref. C10A/0506/15/AM). The application continues to be an outline application with some reserved matters along with creating a vehicular access and estate road but with the numbers having been reduced from 16 houses previously to 11 houses.

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

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

1.10 The proposal involves erecting 11 two-storey dwellings (which is a reduction from the 16 applied for originally and refused), creating an access and road, a turning space for large vehicles, creating an ecological buffer zone to protect a nearby water course and creating and designating part of the site as a mandorla site.

1.11 The houses vary in size to include seven 4 bedroom detached dwellings and four 3 bedroom detached dwellings.

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

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

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

2. Relevant Policies:

2.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that planning decisions should be in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.

2.2 Gwynedd Unitary Development Plan 2009:

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

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

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

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

Policy B25 – Building materials - Safeguard the visual character by ensuring that building materials are of high standard and complement the character and appearance of the local area.

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

Policy C7 – Building in a sustainable manner - Proposals for new development or for the adaptation or change of use of land or buildings which have not demonstrated that consideration has been given to specific environmental matters, will be refused. Proposals must conform to specific criteria relating to building in a sustainable manner, unless it can be demonstrated that it is impractical to do so.

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

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

Policy CH33 – Safety on roads and streets - Development proposals will be approved if they comply with specific criteria involving the vehicular access, the standard of the existing roads network and traffic calming measures.

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

Policy CH43 – Provision of open spaces of recreational value in new housing developments - New housing developments of 10 or more dwellings in areas where the existing open spaces provision does not meet the needs of the development will be expected to provide suitable open spaces of recreational value as an integral part of the development.

In addition to Unitary Plan policies, consideration is given to the Authority’s adopted Supplementary Planning Guidances (SPG), which are material and relevant considerations. The following are relevant in this case:

 Affordable Housing  Housing development and spaces of recreational value  Planning for Sustainable Building

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

2.3 National Policies:

Planning Policy Wales – Fourth Edition (February 2011)

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

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

3. Relevant Planning History:

3.1 Application no. C10A/0506/15/AM – Outline application to clear the site for erecting 16 dwellings along with creating a new access and estate road – refused as it was considered to be an overdevelopment of the site and would probably have a detrimental impact on the general amenities of the area and the residential amenities of neighbouring residents and because no provision for affordable housing had been included in the plan – 09.11.11.

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

3.3 Application 3/15/129C – Residential development to erect 12 dwellings – refused as the site was outside the village’s development boundaries – 07.09.89 3.4 Application 3/15/129A – Residential development to erect eight dwellings – approved 08.12.80.

4. Consultations

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

Transportation Unit: Observations on the previous application continue to be valid, namely that amendments to the layout of the estate and a reduction in numbers had been agreed after extensive discussions between the developer and the authority. Standard conditions are suggested regarding the development in relation to transport issues.

Environment Agency: No objection but to include conditions involving draining the site, safeguarding the watercourse and ensuring that the development is in accordance with the Flood Consequence Assessment submitted.

Welsh Water: Formal observations in the form of standard conditions relating to drainage, surface water, location of public sewerage pipe and sewerage matters.

Public Protection Unit: Not received.

Fire Service: No observations.

Planning Policy Unit: Matters noted in relation to the previous application continue to be relevant and need to consider the suitability of the proposal in relation to reasons for refusing the previous application. A proportion of the units should be affordable; however, it is noted that the viability of the development is an obvious consideration in this case. The applicant notes that it would not be viable to provide affordable housing due to development costs. The information in the Financial Viability Statement must be assessed in full and independent opinion should be sought on the content of the report (in agreement with the applicant). If it cannot be shown that the development is viable, it is contrary to advice given in Planning Policy Wales.

Affordable Housing Officer: Not received.

Biodiversity/Trees Unit: A habitat of high amenity value would be lost and it is likely that more trees than what is shown will be lost due to the nature of the site and the likely development. It will be difficult to protect the trees retained and it is likely that additional lopping and felling work would be needed. It is not considered that the site is suitable for this type of development.

Access Officer: No additional observations to those submitted with the previous application, namely acknowledging the content of the access statement which refers to the condition of existing buildings. Public Consultation: A notice was placed in the local press and on the site and nearby residents were informed. Four letters of objections were received from local residents. It is noted that the majority of concerns raised previously continue to be relevant; however some of the main relevant objections are noted as follows:  overdevelopment  location of plots affecting existing houses  no provision of affordable housing  effect on watercourse  deficiencies in the transportation report and generally misleading information in the application  drainage, sewerage and flooding problems  detrimental effect on trees, biodiversity, the habitats of protected species and wildlife in general  overlooking, loss of privacy and the impact on nearby houses, including structural damage to buildings during the development work  concerns about increasing traffic on current defective roads, loss of current parking spaces, lack of sufficient parking within the site and unsuitable entrance  Frongoch Road is recognised as a safe route to the school, concerns regarding the impact on users and on any emergency vehicle that would need to visit the nearby home for the elderly should there be congestion on the road

The consultation period for the application ended on 5 January 2012.

Following the most recent amendment, namely reducing the numbers from 14 to 11, a full reconsultation was held will neighbours and statutory consultees. No responses had been received to these latest amendments at the time of writing this report.

5. Assessment of the material planning considerations

5.1 Design and Access Statement As is required under current legislation, the application is supported with a Design and Access Statement. The applicant has noted in the statement how consideration was given to the context of access, design, character, environmental sustainability and site analysis. The statement is considered acceptable and is a relevant consideration when determining this application. This statement has been updated from that submitted with the previous application, to reflect the change in numbers.

5.2 Flood Consequence Assessment (FCA) This report was submitted following an objection from the Environment Agency to the previous application and the impact on issues relating to on-site and off-site flooding. It was found that the site is within flood zone A, which is described in paragraph 4.2 of TAN 15: Development and Flood Risk as follows: “Considered to be at little or no risk of fluvial or tidal / coastal flooding.” The Agency considered the content of the report and made suggestions in the form of standard conditions. This report is as previously submitted. It is not considered that deleting five units from the site will have any effect in terms of the flooding assessment. See the Agency’s observations in paragraph 1.4 above.

5.3 Report on Open Spaces of Recreational Value It is explained in this report how consideration was given to the provision of play areas within the site in order to comply with the requirements of policies and guidance in the form of the authority’s adopted SPG. The report refers to the location of a current open space of recreational value within 60m to the site and a provision of amenity open spaces within the site itself – this is consistent with the authority’s SPG guidance. This report is as previously submitted. It is not considered that deleting five units from the site will have any effect in terms of the provision of open spaces of recreational value.

5.4 Transportation Assessment and Parking Ratio Report These reports have been provided to explain the impact of the proposed development on the local roads network, the pattern of vehicular movements, the accessibility of the site, parking spaces within the site and other relevant matters in the context of transportation. The Transportation Unit considered the content of the report and subsequent observations were received (which are discussed in further detail in this report). These statements have been updated from that submitted with the previous application, to reflect the change in numbers.

5.5 Community and Language Statement This report was submitted to explain the relationship between the proposed development and the local community and the Welsh language. This statement has been updated from that submitted with the previous application, to reflect the change in numbers.

5.6 Ecological Survey Including a Bat Survey A full assessment was undertaken of the site in terms of ecology status and biodiversity; it was found that protected species live on the site and use it, and there is also a growth of established plants and trees. The growth is extensive because the site has been abandoned for many years. It is suggested that appropriate mitigation steps be taken to avoid and compensate for any significant impact in terms of the site’s biodiversity and ecological issues. These issues are expanded upon further. It was found that this report included all relevant issues in relation to this specific field. This report is as previously submitted. It is not considered that deleting five units from the site will have any effect in terms of the site’s ecological considerations.

5.7 Level 3 Code Sustainability Code Initial Assessment This initial assessment is submitted and it suggests how the sustainable housing requirements can be met for the site. It can be ensured that the acceptable level is achieved by imposing a relevant condition. This report is as previously submitted. It is not considered that deleting five units from the site will have any effect in terms of the site’s sustainability considerations.

5.8 Trees Assessment The site was assessed in terms of the value of trees growing on the land; it was found that a number of trees were of a high value, but others, because of the long period of site abandonment, had a lower value in terms of retaining them on the site, as they had grown uncontrollably. A suggestion has been made as to exactly which trees can be felled and cleared from the site; this work would be the subject of a separate formal application because of the existence of the tree preservation order. This report is as previously submitted. It is not considered that deleting five units from the site will have any effect on trees on the site. 5.9 Financial Viability Report This information is submitted to explain the financial viability of the proposed development. It was produced with local information presented by a local estate agent and, on the basis of the figures, it is estimated that the development costs are very high and the profit margin very low meaning that an affordable element would make the development unviable.

5.10 The Policy Context

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

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

5.11 Residential Development / Affordable Housing

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

5.11.2 Few new houses have been erected in the village in recent years; however, research shows that it should be aimed to designate 606 dwellings in the Caernarfon catchment area, which includes the village of Llanberis. 5.11.3 Although one site has been designated in the GUDP, it is located on the outskirts of the village and it has many restrictions because of its close proximity to a number of listed buildings and the boundaries of the national park; this site is shown as one that could cope with approximately 15 new dwellings.

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

5.11.5 Policy CH4 asks for an affordable element within new residential developments on sites like these. Discussions had been held between the developer and the policy unit and the affordable housing officer in relation to this specific issue at the time of considering the previous application. The total costs of developing this site were shown in the form of a financial report and detailed analysis. It can be seen from the figures that there are abnormal costs involved with developing this site because of a number of factors, and that the plan to erect 11 units is unlikely to be viable should an element of affordable housing be provided. The latest amendments show 11 units that will be of a greater size, which are therefore likely to be able to cope with the reduction in numbers and the abnormal costs of developing the site. 5.11.6 Consideration must also be given to the built form of the village and the types of housing available in the village. There are a number of relatively small terraces in the village, and due to their size and location they are relatively cheap to buy and are thus affordable to all intents and purposes. The policy unit confirms that the average house price in the Llanberis ward (since 2002) on the whole has been lower than the average house price in Gwynedd (especially so since October 2008).

5.11.7 Current guidelines state that higher building density should be encouraged on easily accessible sites, where appropriate. In this case, the surface area of the site is approximately 0.78 hectares, and by using the figure of 30 units per hectare, it is shown that the site could cope with 24 houses. Despite this, it is considered that the nature of the site means that the site could not be developed with these numbers because of the impact it would have on the local neighbourhood and the site itself.

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

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

5.11.10 Having considered all the issues noted above, specifically the financial report submitted, it is not considered that a request can be made for an affordable element within this development as it would make the development unviable. The policy unit has referred to the need to confirm that the details of the report are accurate in order to prove that the figures quoted are correct and that developing the site would be viable.

5.12 Highway matters

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

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

5.12.3 A number of observations were received referring to concerns regarding an increase in traffic along existing narrow roads. In addition, reference is made to the designation of Frongoch Road as a safe route to school, and the impact that the development would have on road users. These issues were considered and it is accepted that the nature of the area’s roads network is substandard in places; nevertheless, because of evidence submitted it is not considered that the increase associated with this proposed development would be excessive and that the network would be able to cope with the additional numbers. Bearing in mind that the numbers have now been reduced to 11 from the 16 in the previous application, it is considered that this reduction will ensure that the impact of the development on the local network will be reduced even further.

5.12.4 Reference was also made to the loss of existing parking spaces on Frongoch Road as a result of this development. There is an informal arrangement on parts of the site to park vehicles; it does not appear that formal permission has been received to create these areas and that they have possibly been ‘claimed’ over the years. It appears that some of these spaces will be lost as a result of the development; as the land is in the applicant’s ownership, they have a legal right to this land and they could, should they wish, prevent vehicles from parking on their land. They have acknowledged that residents park their vehicles there and that they agree for part of their land to be retained as a parking area for the residents of Frongoch.

5.13 Biodiversity, trees and flooding issues

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

5.13.2 The trees officer from the Biodiversity Unit has objected to the application because of concern regarding the loss of natural habitat and the long term sustainability of the trees which have been identified to be retained on the site.

5.13.3 It is felt that trees on the site can be protected by means of relevant conditions and that the concerns, as noted, would be alleviated. In doing so, it is considered that the requirements of policies B16 and B19 would be satisfied.

5.14 Design and amenities

5.14.1 Concerns have been raised by local residents regarding the impact of the proposed development on their residential amenities. Consideration must be given to the relevant planning history; in this case, planning permission has been granted to erect six houses on the eastern part of the site. Only three houses were erected under this permission; however, because they have been erected, this means that there is a legal extant permission for another three houses and they could be erected in accordance with the permission granted. The houses that have not been erected are within the site and they back onto the houses erected on Frongoch and should they be built, they would be relatively close to the rear of the houses already erected. The latest amendments entail losing one house to the rear of the Frongoch houses as originally shown, and creating some parking spaces, whilst the majority of the houses are located further into the site; therefore, it can be alleged that approving this development would cause less disruption to the amenities of these residents, in comparison to what could be built legally on this site. The reduction in numbers from that proposed on the previous application means that two units will now be deleted from the side closest to the existing houses and adjacent to Frongoch Road, which means that there will be a reduction in movements and density in this part of the site. The other unit to be deleted is within the site; this part of the site does not affect neighbouring houses.

5.14.2 Issues relating to the design, finishes and elevations are issues that are considered when dealing with a detailed application or a reserved matters application. The levels and heights of the houses, as well as their layout and the location of windows, will be a material consideration at that time; for example, any impact relating to overlooking will be considered when detailed plans are submitted, where the requirements of Policy B23 must be satisfied.

5.14.3 Because of the location of the site and although the type, size, design and finishes of nearby houses vary, it must be ensured that it will be a development of a high design standard, and in doing so, it can be ensured that the requirements of policies B22 and B25 are satisfied.

6. Conclusions:

6.1 This application has been amended from the previously refused application, and from the original submission of the application, by reducing the numbers from 16 to 11. The applicant has consistently responded to concerns regarding the numbers and has subsequently reduced the number of units. It is not reasonable to continue to request a reduction in the number of units built on the site, as that would make the development of the site unviable, and would consequently deprive the village of new houses. Development sites in the village of Llanberis are scarce, and although it is acknowledged that developing this site would not be without its difficulties, there is a real need for new housing in the area.

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

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

7. Recommendation: 7.1 To delegate the right to the Planning Manager to approve the application subject to receiving a response from Welsh Water with regard to concerns about the effect of the development on Llyn Padarn, and to considering in full the responses to the latest reconsultation that had not been received at the time of writing this report.

Number: 6

Application Number: C11/1113/16/LL Date Registered: 05/12/2011 Application Type: Full - Planning Community: Llandygai Ward: Tregarth a Mynydd Llandygai

Proposal: FULL APPLICATION FOR THE CREATION OF TWO ZIP-WIRE COURSES, CAR PARKING FACILITIES AND TEMPORARY ADMINISTRATIVE BUILDING Location: PENRHYN QUARRY, BETHESDA, BANGOR, GWYNEDD, LL574YG

Summary TO APPROVE SUBJECT TO CONDITIONS of the Recommendation:

1. Description:

1.1 This is a full application to create two zip-wire courses, create a car park and erect an ancillary building in order to create a permanent adventure attraction.

1.2 The location of the proposed development is central within the broad site of Penrhyn Quarry and it is proposed to create a car park with spaces for 71 vehicles and 10 spaces for the disabled along with the erection of a timber building to use as a reception/administrative office/stores. The site is located in a redundant part of the quarry and on reclaimed land.

1.3 The proposal involves the creation of two separate zip-wire courses; firstly, there will be a short-course which will entail erecting two wires over a distance of 450 metres and installing them on a permanent steel tripod. The first tripod will measure 4m high and will be set back slightly from the location of the car park and administrative building. The second tripod will measure 3m high and will be located to the east of the administrative site. After completing this short-course, the users will be transported in special vehicles to the highest part of the quarry to the starting point of the long-course which is approximately 1500m long and which finishes near the starting point of the short-course; here it is intended to install 3 wires on a similar tripod system with a hydraulic platform on the bottom to carry users of the wire down to the ground after they complete the course.

2. Relevant Policies:

2.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that planning decisions should be in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.

2.2 Gwynedd Unitary Development Plan 2009:

POLICY B14 – PROTECTING THE LANDSCAPE CHARACTER OF SNOWDONIA NATIONAL PARK Protect the landscape character of Snowdonia National Park by refusing proposals which are visually obtrusive and/or are located insensitively and unsympathetically within the landscape.

POLICY B20 – SPECIES AND THEIR HABITATS THAT ARE OF INTERNATIONAL AND NATIONAL IMPORTANCE Proposals which are likely to cause unacceptable disturbance or harm to protected species and their habitats will be refused unless they can conform to a series of criteria aimed at safeguarding the recognised features of the site.

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

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

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

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

2.3 National Policies:

Planning Policy Wales - Edition 4, 2011

TAN 12: Design

TAN 13: Tourism

TAN 16: Sports, Leisure and Open Spaces

3. Relevant Planning History:

3.1 No relevant history to this site, but a substantial history to the entire site in relation to its use as a quarry.

4. Consultations:

Community/Town Council: Support, but suggest a footbridge for the safety of pedestrians and traffic.

Transportation Unit: No objection Environment Agency: No observations

Mineral and Waste Service: Original concern relating to the potential conflict between the proposed development and the operations of the quarry; however, after holding discussions with the agent and the representatives of the quarry, the service was satisfied and there is no objection to the application.

Snowdonia National Park: No detrimental impact on the amenities of the Park.

Archaeology Service: No objection

Access Officer: Acknowledges what is proposed.

Countryside Council for Wales: The application was objected to originally because of concern regarding the impact of the proposed development on protected species. Following this objection, a detailed report was submitted by a qualified expert who had assessed the application in the context of the impact on protected species and it was confirmed that there would not be a detrimental impact. Based on this information, the objection was withdrawn.

Biodiversity Unit: As above; there is now no objection to the application based on the content and the results of the specialist report regarding protected species.

Public Protection Unit: Not received.

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The advertising period ended on 05.01.12 but no observations or letters of objection were received.

5. Assessment of the material planning considerations:

5.1 The principle of the development

This entire site lies within the established boundaries of Penrhyn Quarry; therefore, it is not a development that intends to use green land. This type of development is not possible in a number of places and the location and the landscape of the quarry makes it a unique attraction without affecting local amenities, which means that the proposal is acceptable in principle.

5.2 Visual amenities and general amenities

The starting point of the longest zip-wire course is located over 300 metres from the boundary of the national park. The park authority did not object to the application; therefore, it is not considered that there would be an impact on the amenities of the park itself. The zip-wire course will not affect the visual amenities or general amenities of the area because of its form and the fact that it is entirely located within the quarry site. The ancillary building and car park would not be visible due to their location, size and form; therefore, they will not disrupt the visual amenities of the area. It is considered that the proposal satisfies the requirements of policies B14, B22 and B23. 5.3 Transport and access matters

Although it was noted that a footbridge should be erected for the safety of pedestrians on part of the site, it is not considered that this is necessary as the users of the course will be escorted to the starting point by staff members. The transportation unit did not object to the application; therefore, it is not considered that there would be an impact on relevant highways matters.

5.4 Biodiversity Matters

This was a matter that caused considerable concern originally due to concerns regarding the impact of the zip-wires and the use made of them on protected species, specifically birds. A detailed report was submitted by an expert in the field which confirmed that this type of development would not have a detrimental impact on these species; but suggested appropriate guidelines for the commencement and maintenance of the proposed development. The Countryside Council, the biodiversity unit and the RSPB no longer have an objection to the proposal based on this expert assessment; therefore, it is considered that the proposal satisfies the requirements of policy B20.

5.5 The economy

This proposal would see a development that would make appropriate use of a redundant part of the quarry; the specialist requirements of this type of development means that it cannot be maintained in a large number of sites. It is disclosed that this proposal will create 9 permanent posts in the first year and that this will increase to 25 posts within 5 years. The specialised nature of the application sees a unique proposal with opportunities to create new posts; therefore, it is considered that this proposal is acceptable and that it satisfies the requirements of policies CH46 and D13.

5.6 Any other considerations

None.

6. Conclusions:

6.1 In light of the above and having given full consideration to all relevant matters including local and national policies and guidelines and the responses received, it is considered that this application to create a zip-wire course and ancillary resources is acceptable and that it satisfies the requirements of relevant policies and guidelines.

7. Recommendation:

7.1 To approve – conditions

1. Time 2. Comply with plans 3. Comply with the contents of specialist reports.

Number: 7

Application Number: C12/0079/40/LL Date Registered: 06/03/2012 Application Type: Full - Planning Community: Llannor Ward: Abererch

Proposal: CONSTRUCTION OF 18 LIGHT INDUSTRIAL / COMMERCIAL UNITS IN FOUR BLOCKS Location: FORMER - HARLECH FROZEN FOODS, Y FFOR, PWLLHELI, LL536UW

Summary of the Recommendation: TO APPROVE SUBJECT TO CONDITIONS

1. Description:

1.1 The proposal involves erecting 18 light industrial units. There would be four blocks of units on the site with four or five units in every block. Parking spaces for the units would be provided in the centre of the site. The front part of the units would be two storeys and the rear part single storey and open to the roof. The building’s external walls would be finished in a combination of timber-effect plastic render and cladding. The roof would be of ‘onduline-baddolin’ or similar which would give the impression of slate on the roof. It is also proposed to install solar panels in the units.

1.2 The site is located within the development boundary of the village and the land has been designated as an employment protection site. The second class B4354 road is to the north of the site. To the east there are industrial units and to the west there are dwellings. A listed monument, a monolith, is located near the site, to the south.

1.3 A design and access statement and a BREEAM report were submitted as part of the application.

1.4 The application is submitted to Committee as it is an industrial development measuring over 500m2.

2. Relevant Policies:

2.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that planning decisions should be in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.

2.2 Gwynedd Unitary Development Plan 2009: B22 – BUILDING DESIGN - Promote good building design by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features and character of the local landscape and environment.

B23 – AMENITIES - Safeguard the amenities of the local neighbourhood by ensuring that proposals conform to a series of criteria aimed at safeguarding the recognised features of the amenities of the local area. B25 – BUILDING MATERIALS - Safeguard the visual character by ensuring that building materials are of high standard and in-keeping with the character and appearance of the local area.

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

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

CH30 – ACCESS FOR ALL – Proposals for residential units, business / industrial units, or buildings / facilities for public use, will be refused unless it can be shown that thorough consideration has been given to the need to provide appropriate access for the widest possible range of individuals.

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

CH36 – PRIVATE CAR PARKING FACILITIES – Proposals for new development, extensions to existing development or change of use will be refused unless off-street parking is provided in accordance with the Council’s current parking guidance. Consideration will be given to the accessibility of public transport services, the possibility of walking or cycling from the site and the proximity of the site to a public car park. In circumstances where there is an assessed need for off-street parking and when the developer does not offer parking facilities on the site, or where it is not possible to take advantage of the existing parking provisions, proposals will be approved provided the developer contributes to the cost of improving the accessibility of the site or providing the number of necessary parking spaces on another site nearby.

D2 – INDUSTRIAL SITES - Protecting land and units on Industrial Sites for Class Bl, B2 and B8 uses. To approve developments which are not B1, B2 or B8 uses if they are small-scale supplementary business facilities; provide waste management facilities or other 'sui generis' uses with similar features to activities in B1 and B2 classes; or, does not lead to lack of land units for B1, B2 and B8 uses.

D3 – ALLOCATION OF ADDITIONAL EMPLOYMENT LAND – Additional land for employment purposes may be allocated. Only development proposals which are in accordance with the development brief and with policies D1 and D2 will be approved.

2.3 National Policies: Planning Policy Wales (Fourth edition, February 2011) TAN 12: Design TAN 18: Transport TAN 22: Sustainable Buildings 3. Relevant Planning History:

3.1 The site has a long planning history when it was used by Harlech Frozen Food company. More recently, on 9 November 2010 application no. C10D/0384/40/HD to demolish two buildings was approved. These buildings have been demolished.

4. Consultations:

Community/Town Council: Not received.

Transportation Unit: No objection to the proposal. The proposed use is similar in type to the previous use and is located adjacent to other industrial units. The proposal includes parking provision for 20 standard cars, four light lorries, six motorbikes, four disabled users’ vehicles and ten bikes. The use proposed for the units is equivalent to the following parking needs: Two spaces for the A2 element (finance), 12 spaces for the B1 element (light industry), two spaces for the B2 element (storage), 20 spaces for the commercial element. The details above are based on the Wales Parking Standards CSS guidelines (maximum parking standards) and the loading and unloading areas in front of the units can be considered as temporary parking areas also. Therefore, in this case, I presume that the parking provision is reasonable and adequate and unlikely to have an impact on the adjacent adopted road. In order to ensure that it does not affect this road I recommend that the applicant pays to impose a waiting restrictions order (i.e. double yellow lines) either side of the estate junction. Propose conditions to impose on the planning permission in terms of the entrance, surface water and parking.

Public Protection Unit: Not received.

Welsh Water: Not received.

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The advertising period ended on 4 April 2012 but no response had been received when preparing the agenda.

5. Assessment of the material planning considerations:

5.1 The principle of the development The proposal would make use of previously used land for industrial use. It is considered that this would be in keeping with policy C3 which prioritises the re-use of previously developed land or buildings located within or adjacent to development boundaries. The site is located within the development boundary and the land has also been designated as an employment protection site. It is noted from the application form that the uses proposed for the units are professional and financial services (A2), light industry (B1), storage and distribution (B8) and commercial. However, Policy D2 and D3 of the GUDP refer to use classes B1, B2 and B8 only but with the possibility of being able to provide small scale ancillary business facilities that would provide the appropriate service solely for the employees of the industries/businesses located on the industrial site. To this end, it is considered that the units’ use should be restricted to use classes B1, B2 or B8 only in order to comply with the relevant policies in the GUDP. 5.2 Visual amenities The intention is to provide 18 units which would be laid out in four blocks with four or five units in every block. The units would be two storeys in appearance but with only part of the units two storey internally with the rest open to the roof. It is considered that the development in terms of its scale and form is acceptable for the site in question. It is considered that, in this form, the units would give a less domineering feeling in terms of the building density to the site with several smaller buildings rather than one substantial building taking over the site. This would allow an acceptable density between buildings and more open land around them. It is also considered that buildings of this size would be better in keeping with the two storey houses near the site. It is not considered that the proposal would have a detrimental impact on the site’s visual amenities. It is, therefore, considered that the proposal is acceptable in relation to Policy B22 of the GUDP. The building’s external walls would be finished in a combination of timber-effect plastic render and cladding. The roof would be of ‘onduline-baddolin’ or similar which would give the impression of slate on the roof. It is considered that these materials are suitable for industrial units and, therefore, acceptable in relation to Policy B25 of the GUDP.

5.3 General and residential amenities Dwellings are located near the site. It is not considered that the proposal would result in loss of privacy for the occupants of those houses, neither is it considered that the proposal is an overdevelopment of the site. It is likely that, due to the nature of the development, there would be an element of noise and that traffic would use the site. However, bearing in mind that the site has a history of industrial use, it is not considered that this proposed use would cause significant harm to the amenities of the local neighbourhood compared with the situation which has existed there over the years. It must also be borne in mind that the site has been designated as an employment protection site in the GUDP. However, it is considered that a condition could be imposed on the permission restricting the units’ hours of operation. It is, therefore, considered that the proposal is acceptable in relation to Policy B23 of the GUDP.

5.4 Traffic and access matters Access to the site is from the existing estate road which joins the B4354, situated to the north of the site. The observations of the Transportation Unit have been received regarding the proposal. They did not object to the proposal and noted that the proposed use is similar in type to the previous use and is located adjacent to other industrial units. It was considered that the parking provision shown is acceptable bearing in mind that the loading and unloading areas in front of the units could also be considered as temporary parking spaces. The Transportation Unit recommends that the applicant pays to impose a waiting restrictions order (i.e. double yellow lines) either side of the estate junction. Conditions in relation to entrance, surface water and parking are also suggested on any permission granted. In this respect, it is considered that the proposal is acceptable in terms of Policies CH33 and CH36 of the GUDP. It is also considered that the proposal considers providing access to a wide range of individuals with parking spaces close to the units, a bicycle rack on the site and there is also a safe footpath to the site. The site is also flat. It is, therefore, considered that the proposal is acceptable in relation to Policy CH30 of the GUDP.

5.5 Sustainability matters A pre-assessment report was received in relation to compliance with BREEAM requirements. This report states that the proposal would be likely to receive a rating of 58.21% which is very good according to BREEAM requirements. A condition will need to be imposed on the permission in relation to compliance with BREEAM. Solar panels will be installed as part of the development with these solar panels forming some sort of roof for the forecourt of every one of the units. It is considered that the proposal is acceptable in terms of Policy C7 of the GUDP.

6. Conclusions:

6.1 This is a site with history of having been used for industrial use and designated to that end in the GUDP. The design of the site and the buildings is acceptable. It is likely due to the industrial nature of the proposal that an element of noise would be associated with the proposal but it must be borne in mind that the site has previously had an industrial nature and that it is not considered that this proposal would have any greater effect. However, it is considered that a condition could be imposed to control the units’ hours of operation in terms of protecting the amenities of neighbouring residents. It is not considered that the proposal would have a detrimental impact on road safety. It is considered that the proposal is acceptable in terms of GUDP policies.

7. Recommendation:

7.1 To delegate powers to the Planning Manager to approve the application, subject to the end of the consultation period and the following conditions -

1. Commencement within five years. 2. To agree on the details of materials for the buildings’ external walls and roofs. 3. Height of walls / hedge / fence with the highway. 4. To prevent surface water from running from the site curtilage to the highway. 5. Completion of parking spaces prior to commencement of use. 6. Compliance with BREEAM requirements. 7 Restriction of use of units to use classes B1, B2 and B8. 8. Restriction of units’ hours of operation to between 6am and 8pm. 9. Submitting a landscaping plan. 10. To implement landscaping in accordance with the plan.

Number: 8

Application Number: C12/0195/33/LL Date Registered: 16/02/2012 Application Type: Full - Planning Community: Buan Ward: Efailnewydd/Buan

Proposal: SITE FOR 12 TOURING CARAVANS AND WASHING FACILITIES Location: PLAS YNG NGHEIDIO, BODUAN, PWLLHELI, GWYNEDD, LL538YL

Summary of the TO REFUSE Recommendation:

1. Description:

1.1 The proposal involves the creation of a new touring caravan site for 12 caravans together with the construction of a toilet block, the installation of a sewerage treatment tank and new vehicular access. It also expresses the intention to undertake engineering works to lower the land levels on part of the field near the clawdd so that the caravans are positioned lower in the landscape near the cloddiau.

1.2 The field in question is behind the house and farm buildings of Plas yng Ngheidio in open countryside within a designated Landscape Conservation Area. A farm track that is also a public footpath runs parallel to the north eastern boundary of the field. The site is served by a third class rural road which runs parallel to the farm. Located to the north east of the farm is the Cors Geirch Site of Special Scientific Interest (SSSI) and the Corsydd Llŷn Special Area of Conservation (SAC).

1.3 This application is submitted to the planning committee as it is an application made by a Local Member and because it involves more than five caravans.

2. Relevant Policies:

Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that planning decisions should be in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.

2.2 Gwynedd Unitary Development Plan 2009:

STRATEGIC POLICY 17 – TOURISM Proposals to develop or improve the variety and quality of tourist facilities and attractions will be approved provided they do not significantly harm the environment, the area’s cultural characteristics or the amenities of nearby residents.

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

B15 – PROTECTION OF NATURE CONSERVATION SITES OF INTERNATIONAL SIGNIFICANCE Refuse proposals which are likely to cause significant damage to nature conservation sites of international significance unless they conform to a series of criteria aimed at managing, enhancing and safeguarding the recognised features of such sites. B16 – PROTECTING NATIONALLY IMPORTANT NATURE CONSERVATION SITES Refuse proposals which are likely to cause significant harm to nature conservation sites of national significance unless they conform to a series of criteria aimed at protecting, enhancing and managing the recognised features of the sites.

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

B27 – LANDSCAPING SCHEMES Ensure that permitted proposals incorporate soft/hard landscaping of a high standard which is appropriate for the site and which takes into consideration a series of factors aimed at avoiding damage to recognised features.

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

D19 – NEW SITES FOR TOURING CARAVANS, CAMPING AND TOURING UNITS – Proposals for new touring caravan, camping or touring unit sites will be approved provided they comply with specific criteria relating to the design, layout, appearance and location of the development, the highways network and adequate access, use for touring purposes only, the cumulative impact of existing touring caravan, camping and touring unit sites, and the capacity of the immediate locality to accommodate such developments.

Supplementary Planning Guidance – Holiday Accommodation (2011)

2.3 National Policies:

Planning Policy Wales, Fourth Edition, February 2011.  Chapter 7 - Sustaining the Economy  Chapter 11 - Tourism, Sport and Recreation

3. Relevant Planning History:

No relevant planning history.

4. Consultations:

Community/Town Council: Support.

Transportation Unit: No objection to the proposal. Access located further from the farm building to ensure satisfactory visibility splays. Entrance of a satisfactory size and design for the proposed use. The need to keep the existing entrance open to walkers as it is part of the public footpath. Propose standard conditions.

Dwyfor Rights of Way Officer: The Countryside and Access Department is anxious to ensure that Buan public footpath no.8 will be protected during and at the end of this development.

Countryside Council: Not received at the time of preparing the committee report.

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The consultation period ended on 15/3/12 and two responses were received.  A neighbour supports the proposal for 12 caravans.  A neighbour is concerned that the entrance is too narrow and the likelihood of having to use the entrance to Graeanfryn as a turning circle.  Relocate the entrance closer to Bryn Cynan.  Water pressure problems.  Three other caravan sites nearby – concern about the cumulative impact.  The entrance to the site on a public footpath.  The water source to Gors Geirch located here – should be protected.  The impact of a new site on a landscape of views from the road and the higher land in Garn Boduan.  It should be refused or landscaping should be considered to lessen the impact on the local area.

5. Assessment of the material planning considerations:

The principle of the development

5.1 As noted above, a number of policies within the Gwynedd Unitary Development Plan are relevant when determining the application. The main policy to consider when assessing the principle of the development is policy D19. The policy states that proposals to develop new touring caravan, camping or touring unit sites will be permitted provided that they comply with the criteria. Points 1, 2, 3 and 4 of the policy are relevant bearing in mind that the application involves creating a new site.

5.2 Point 1 of the Criteria: that the proposed development is of a high quality in terms of design, layout and appearance, and is sited in an unobtrusive location which is well screened by existing landscape features and/or where touring units can be readily assimilated into the landscape in a way which does not significantly harm the visual quality of the landscape.

5.3 The ground level of the field in question is uneven, and is currently comparatively visible and open, especially from the A497 county road above the Bryn Cynan roundabout, and on the approach from the roundabout down the slope towards the site. The clawdd to the west of the field is bare and has no landscaping, while the clawdd beyond the track/public path has been landscaped with gorse over the past months. The plan shows that there is an intention to undertake further landscaping work on the cloddiau and to reduce the ground levels to ensure that the caravans are positioned low within the landscape. However, there are currently no landscape features that would hide or assimilate the touring units into the landscape, or screen the view of the caravans from the adjacent public path. A development of this nature and scale would therefore be likely to stand out obtrusively in the landscape, with the 12 caravans and the proposed toilet block causing significant damage to the visual quality of the landscape, which is within a Landscape Conservation Area. Bearing in mind that the current planting work has not yet had an opportunity to become sufficiently established and mature, and that the proposed landscaping is likely to take a number of years to establish, it is considered that the application is premature. Therefore, it is considered that the proposal is contrary to the criterion 1 of the policy and the objectives of policy B10.

5.4 Point 2 of the Criteria: that the site is close to the highway network and that adequate access can be provided without significantly harming the character and features of the landscape; 5.5 The proposed new entrance offers better visibility to the county road than the existing vehicular entrance, and the Transport Officer is satisfied with the plan. It is not considered that creating the new entrance will cause significant harm to the character of the landscape provided the design remains simple and rural in nature. As the access track from the entrance to the field is already well established there will be no significant change here. The site is immediately adjacent to the class 3 county road which is adequate to deal with such additional traffic and is within 530m to the A497 main road, so there is no major concern about highways in this case. It is not considered that the proposal is contrary to point 2 of the criteria.

5.6 Point 3 of the Criteria: that the site is used for touring purposes only and that any units are removed from the site during periods when not in use. The application is not contrary to point 3 of the criteria; this can be ensured by the use of valid planning conditions.

5.7 Point 4 of the Criteria: that the proposed development, taking into account the cumulative impact of existing touring caravan, camping and touring unit sites approved within the immediate locality, will not exceed the capacity (e.g. environmental, social and cultural, roads network, amenities etc.) of that locality to reasonably accommodate such developments.

5.8 It must be acknowledged that some areas in Gwynedd already have a high density of holiday sites which can place a strain on the reasonable ability of the locality to accommodate further such developments. In this case Graeanfryn, which is opposite the site, has been operating a touring site under an exempted licence, Garreg Lwyd touring site is over 770m away, and Tu Hwnt i’r Ffrwd site is over 370m from the site and received planning permission for 13 touring caravans last year. So there is already a cluster of touring sites in the vicinity of this application. Despite this, it is not considered that a new caravan site is beyond the reasonable capacity of this locality in terms of the environmental, amenities and highways considerations that would justify the refusal of the application. Therefore, it is not considered that the proposal is contrary to point 4 of the criteria of the policy.

General and residential amenities

5.9 The property of Graeanfryn opposite the county road is the only nearby residential property. Due to the fact that Graeanfryn itself operates a small caravan site there is no major concern about the impact of this development on their amenities. The proposed touring site would be located in the field behind the farmhouse and outbuildings of Plas yng Ngheidio, at a sufficient distance to ensure that it would be unlikely to cause significant harm, noise or nuisance. It is not considered that the proposal is contrary to Policy B23 of the Gwynedd Unitary Development Plan.

Nature Conservation Issues 5.10 To the north west of the proposed caravan site, at a distance of around 140m, there is an area of special nature conservation interest, running parallel to Afon Geirch: Cors Geirch Site of Special Scientific Interest (SSSI) and the Corsydd Llŷn Special Area of Conservation (SAC). At the time of preparing this report, the unit had not received the Countryside Council’s response to this development and therefore cannot fully assess the possible impact.

6. Conclusions:

6.1 Currently, the site is open and visible from the A497 county road, from the higher parts of the third class county road that serves the site and also from the public path which is parallel to the field. It is not considered that the landscaping and levelling measures proposed are sufficient to approve this application as such measures would not immediately conceal the development. Although the applicants have undertaken some landscaping work to try to mitigate the visual impact, the current landscaping is insufficient to conceal the caravans and the toilet block effectively as the plants have not yet had time to establish themselves and mature. For this reason it is deemed that this application is premature as the development would be visible and would stand out obtrusively in the landscape, which is designated as a Landscape Conservation Area.

7. Recommendation:

7.1 Refuse – reasons – it is considered that the proposal is obtrusive in the landscape and that the landscaping plan which has been undertaken has not yet had time to mature in order to see whether it alleviates the impact of the proposal on the landscape. The proposal is therefore contrary to policies B10 and B19 of the GUDP.

Number: 9

Application Number: C12/0211/11/LL Date Registered: 20/02/2012 Application Type: Full - Planning Community: Bangor Ward: Deiniol

Proposal: ERECTION OF A BUILDING OF UP TO FIVE STOREYS IN HEIGHT TO CREATE 200 STUDENT STUDY BEDROOMS, CREATION OF PARKING SPACES, BIKE STORAGE, BIN STORAGE/RECYCLING FACILITIES, BOUNDARY TREATMENT AND SITE LANDSCAPING Location: LAND ADJACENT TO DEAN STREET, BANGOR, GWYNEDD, LL571UT

Summary TO DELEGATE POWERS TO APPROVE SUBJECT TO SIGNING A 106 of the Recommendation: AGREEMENT.

1. Description:

1.1 This is an application to erect a building with up to five storeys specifically to provide 200 bedrooms for students, along with creating a new vehicular access, creating parking spaces, a bicycle storage area, refuse / recycling bin stores, boundary treatment and landscaping the site.

1.2 The proposal would involve the erection of a building with up to five storeys with an external finish of contrasting brick and a combination of a slate roof and green sedam roof, creation of parking spaces for 20 vehicles (2 specific spaces for the disabled) and a new vehicular access off Dean Street. The plan shows an intention to undertake landscaping work within the site and work on the site boundaries by erecting a new boundary wall in places to tie-in with the existing and the retention and protection of existing walls. In addition, external refuse/recycling bin storage areas are shown, along with a bicycle storage area.

1.3 The proposed use involves creating and providing en-suite bedrooms, along with what is referred to as studios, namely the same en-suite bedroom but which has cooking facilities also. In addition, other ancillary resources will be provided, including a communal lounge/kitchen/dining room.

1.4 The site is in a prominent location adjacent to the city centre, parallel to the Garth Road and Dean Street junction, on land that has been cleared of its previous use and which is currently used as a temporary car park.

1.5 The site abuts a Conservation Area along the north boundary and there is established growth of mature trees along the boundary.

1.6 There are various buildings within the adjacent area in terms of use, design and size, including residential flats, a supermarket, a chapel, a church, university buildings and a public car park.

1.7 The site lies within the city’s development boundaries, which has been designated as a sub-regional centre in the Gwynedd Unitary Development Plan.

2. Relevant Policies: 2.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that planning decisions should be in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.

2.2 Gwynedd Unitary Development Plan 2009:

DESIGN STANDARDS – STRATEGIC POLICY 4

Development will be expected to be of a good design in order to ensure that it makes a positive contribution, wherever possible, to the landscape, built environment and sustainable development.

LAND REDEVELOPMENT AND REUSE – STRATEGIC POLICY 6

Priority will be given to making appropriate and suitable use of previously developed land, which is suitable for development, or buildings that are vacant or not used to their full potential. Development should make the most efficient and practicable use of land or buildings in terms of density, siting and layout.

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

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

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

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

Policy B25 – Building materials - Safeguard the visual character by ensuring that the building materials are of high standard and in-keeping with the character and appearance of the local area.

Policy B27 – Landscaping Schemes - Ensure that permitted proposals incorporate soft/hard landscaping of high standard which is appropriate for the site and which takes into consideration a series of factors aimed at avoiding damage to recognised features.

Policy B29 - Developments on land where there is a flood risk – Managing specific development in flood zones C1 and C2 and directing them towards suitable land in zone A unless they conform to a series of criteria relevant to the features of the site and to the purpose of the development.

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

Policy C3 – Re-using previously developed sites – Proposals which give priority to the use of land or buildings previously developed and located within or adjacent to development boundaries will be permitted if the site or the building and use are appropriate.

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

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

Policy CH31 – Providing for cyclists – Development proposals which do not provide specific facilities for cycling where there are obvious opportunities for doing so will be refused.

Policy CH33 – Safety on roads and streets - Development proposals will be approved if they comply with specific criteria involving the vehicular access, the quality of the existing roads and traffic calming measures.

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

2.3 National Policies:

Planning Policy Wales - Edition 2, 2011

Chapter 3 – determining planning decisions and enforcing them

Chapter 4 – planning for sustainability

Chapter 8 - transport

Chapter 9 - housing

Technical Advice Note (TAN)

TAN 12: Design

TAN 18: Transport

TAN 20: The Welsh Language

TAN 22 – Sustainable Building

3. Relevant Planning History: Application C11/0707/11/LL – a retrospective application for the change of use of land to create a temporary car park, along with changes to the existing vehicular access – approved 09.02.12.

Application C11/0113/11/LL – erection of a three-storey building for use as a care home, opening a vehicular access, creation of parking spaces and site landscaping – approved 19.04.2011.

Application C08A/0615/11/LL – re-locating an existing electricity sub-station from within a building to a separate location – approved 13.01.2009

Application C06A/0727/11/LL – demolish the current building and erect 52 flats and 83 parking spaces (re-submitted planning application) – approved 26.02.2008.

Application C04A/0656/11/LL – erect a building to create 52 flats (amended application to a previous application that was refused) – refused on appeal 11.04.2006.

Application Number C03A/0191/11/LL – erect 60 flats and adapt the existing entrance – refused on appeal 04.08.2004

4. Consultations:

Community/Town Council: Object based on the size, density and height, an overdevelopment of the site which would result in a detrimental impact on the character and amenities of the area, lack of parking provision on the site, design/height and the flat-roof element out of character with the nearby conservation area buildings, in particular St Mary’s Church.

Transportation Unit: Parking provision shown is sub-standard; normally and in accordance with current standards, 45 spaces should be provided. It is also suggested to widen the pavement abutting the site from the existing 1.5m to 2.0m. Standard conditions are proposed in relation to other aspects of the development.

Environment Agency: No objection and recommend standard conditions in relation to submitting and reaching agreement on a surface water drainage plan for the site and refers to the presence of Afon Adda on part of the site.

Welsh Water: Not received.

Civic Society: Not received.

CADW: Not received.

Policy Unit: Not received.

Fire Service: No observations.

Land Drainage Unit: Refers to the presence of Afon Adda and recommends contacting the Environment Agency.

Archaeology Service: In accordance with previous advice on previous applications, a standard condition is recommended to undertake an archaeological survey of the site before the development commences.

Local Member: The local member expresses an objection to the application based on overdevelopment, lack of parking, an increase in traffic, harmful impact on the amenities of local residents.

Public Protection Unit: Recommend standard conditions to undertake a contaminated land inspection.

Access Officer: Acknowledges what it proposed and makes general comments on the application.

North Wales Police: Acknowledge that the design is in accordance with the ‘Secure by Design’ guidelines; however, question the need for additional parking resources on the site due to cases of crime on similar sites in the city. Advice is given regarding the boundary treatment and landscaping of the site and arrangements to manage the site are welcomed. Public Consultation: Notices were posted on site, an advert posted in the local press and nearby residents were informed. The advertisement period ended on 29.03.12 and three letters/correspondences were received objecting to the application on the following grounds:

 Lack of parking / impact on on-street parking  Detrimental effect on adjacent flats  Concern regarding an increase in pedestrians using a busy road  Loss of light  Changing the character of an area  Overdevelopment of small site

As well as the above-mentioned objections, objections were submitted that were not valid planning objections, which include:

 The current anti-social behaviour of students  Student developments is Council policy to the detriment of the local population  Shadowing leading to the building causing frost on the roads  Hirael Bay Plan  Other more suitable sites

5. Assessment of the material planning considerations:

5.1 The principle of the development

This site is in a prominent location in this part of the city adjacent to the busy junction of Garth Road and Dean Street. It is within the recognised boundaries of the Gwynedd Unitary Plan and has been the subject of previous planning applications for developments of various proposed uses. It is considered that the principle of the development has already been accepted and approved for this site in the past; therefore, it is not considered that this application is unacceptable in principle.

5.2 Visual amenities 5.2.1 This site is a partly developed site due to the demolition of previous buildings and clearance work in accordance with planning application C06A/0727/11/LL. Since this work has been undertaken, the site has been mainly empty; however, recent use has been made of the site in the form of a public car park.

5.2.2 As previously referred to, the site is in a conspicuous location and abuts a conservation area. In addition, grade II listed buildings abut the site, along with a number of other buildings in terms of size, design and use, including a supermarket, university buildings, residential flats and places of worship. In comparison to the permission referred to above, namely permission to erect 52 flats on the site, this proposal involves erecting a building which varies in terms of height and at its highest will include five storeys, namely 28 metres in height. The difference in height to the highest part of the proposed building is mainly caused because of the roof, rather than the creation of entire floors throughout the development. The footprint of the proposed building is more or less the same as the extant permission; however, it varies slightly in terms of the form and setting. In comparison to the previously approved building (which has live permission), the closest part of the proposed building is further away from the listed gates and access of St Mary’s Church than what was previously approved, namely a distance of 3 metres compared to the previous 2 metres.

5.2.3 This proposal, compared to the previously approved development, which remains live, is quite similar in terms of design, size and setting; and therefore is unlikely to have a substantially greater detrimental impact on the visual amenities of the area, including the conservation area and the adjacent listed buildings, than what has been previously approved. It is therefore considered that this proposal is acceptable since there are common elements to the proposal in terms of the design, form and setting of the previously approved building, in terms of materials (brick, render, slate roof) and the nearest buildings. It therefore complies with the requirements of Policies B3, B4, B22, B23 and B25.

5.2.4 This site is a previously developed site and is located within the Bangor development boundary. The proposal therefore complies with the requirements of Policies C1 and C3. Its location is relatively central and within close proximity to local services and transport links. Taking this into account, including the information stating that the development is accessible to all, it is considered that the development conforms to the requirements of Policy CH30.

5.3 General and Residential Amenities

5.3.1 This site has been historically used by the university and abuts the existing university buildings to the south-east of the site. These buildings are three and four-storey and it is not considered that the development would have a harmful impact on these buildings due to their setting and size.

5.3.2 The Tabernacl flats, which lie opposite the northern part of the site, are located approximately 25 metres away from the nearest part and a busy road runs through the centre. It is considered that there is sufficient distance between both sites, along with the presence of Garth Road, so that it does not have a substantially greater detrimental impact than what exists already on the amenities of the residents. It must be borne in mind that this is a city location where it is expected for some disruption to occur due to the nature and built form of the area. It is considered that the proposal is contrary to the requirements of policy B23.

5.3.3 It is proposed, by means of a formal condition, to accept and agree upon a landscaping plan for the site; this will contribute towards reducing the impact of the development by introducing suitable landscaping to ‘soften’ the site’s elevations. It is considered that this proposal will satisfy the requirements of policy B27.

5.4 Transportation matters 5.4.1 Concerns and objections have been received in relation to the lack of sufficient parking provision on the site. This is confirmed in the observations of the transportation unit which suggests an increase in the number of parking spaces compared to what was shown on the original plan.

5.4.2 On the contrary to these concerns, the Police suggests not having any parking provision so as to avoid crime as such sites are targeted by thieves.

5.4.3 It is not considered possible not to include any provision on the site as suggested by the Police and although what is shown is low in terms of numbers, the site management arrangements are as such so that prospective users sign a contract which includes a ‘condition’ that they will not bring cars into the city (as is the case on the company’s other sites in the city).

5.4.4 Recent discussions have been held regarding receiving a financial contribution from the developer based on the difference in numbers compared to what was shown and what is recommended by the transportation unit; this money will be used to improve the road infrastructure in the area as a result of the development and the likely impact of the development on the local area. A hesitant response, which did not equate to a complete refusal, was received from the highways unit, and it is intended to hold further discussions and reach agreement by means of a formal legal arrangement.

5.5 Sustainability Issues

An application of this scale must comply with building standards and requirements in a sustainable manner. A report has been submitted referring to a means of meeting these requirements and therefore it is considered that the proposal is in accordance with Policy C7.

5.6 Relevant planning history

5.6.1 The relevant planning history of this site is crucial to consider when making a decision on this current application. It is accepted that there is some change to the form and size of this building compared to what was approved (and which remains live) under reference C06A/0727/11/LL, but not to excessive degrees so that the impact of this proposal is substantially greater on the amenities of the area than what was previously approved.

5.6.2 It is appropriate to note that applications C04A/0656/11/LL and C03A/0191/11/LL have both been refused for halls of residence for students; however, the reasons noted for the refusals was the detrimental impact on listed buildings and the conservations area, along with concerns regarding flooding. By now, there is no concern regarding flood issues, as it is not a matter that has been referred to in the response of the Environment Agency. Permission exists for a building that is not very different to what is proposed here; its location is slightly further away from the listed gate of St Mary’s Church; therefore, it is considered that the concerns regarding the impact on the listed building and the boundary of the nearby conservation area have been mitigated further due to the increase in the distance between the listed building and the nearest boundary of the site.

5.7 Community Benefit/ 106 Agreement Issues

See what has been noted above in paragraph 5.4.4.

5.8 Any other considerations As required in order to conform to current legislative requirements, the following information was submitted in the form of formal documents:

 Design and Access Statement – it is considered that the document as submitted is acceptable and that its content has been considered.  BREEAM Sustainability Assessment – this assessment states that the proposal would reach the ‘very good’ scale.  Language and Community Impact Assessment – this document on the impact of the development on language and community matters within the area was submitted. No formal assessment of this report had been received from the Policy Unit when this report was being written.

As well as the abovementioned information, the following additional information was submitted with the application:

 Planning Statement  The company’s Student Building Management Arrangements

5.9 Response to the public consultation

It is considered that the concerns and observations of the objectors have been considered in full when making a decision on this application; a number of the matters raised are irrelevant to planning matters; however, the relevant matters do not change the recommendation.

6. Conclusions:

6.1 The site is located within the development boundaries of the city of Bangor, and it is considered a brownfield site because of its previous use. Planning Policy Wales recommends developments on such sites rather than using green lands. The site has been in an unacceptable condition for some time now and this has disrupted the visual amenities of the site.

6.2 There is increasing demand for specific residential sites for students and such developments are likely to release housing in the city from being used as houses in multiple occupation and thus will become available for local families.

6.3 After considering all relevant matters, including local and national policies and guidelines and observations received from third parties, it is considered that this application is acceptable and that it complies with the requirements of the relevant policies and by imposing relevant conditions and receiving a financial contribution towards improving local roads, it can be ensured that the development is implemented to the complete satisfaction of the local planning authority.

7. Recommendation:

7.1 To delegate powers to the Planning Manager to approve the application with conditions subject to a 106 Agreement regarding a contribution for improving the infrastructure of the area.

Number: 10

Application Number: C12/0208/39/LL Date Registered: 17/02/2012 Application Type: Full - Planning Community: Llanengan Ward: Llanengan

Proposal: SITE 2 ADDITIONAL STATIC CARAVANS TO EXISTING SITE TO HAVE A TOTAL OF 8 CARAVANS Location: PANT GWYN COTTAGE CARAVAN PARK, SARN BACH, ABERSOCH, PWLLHELI, GWYNEDD, LL53 7ET

Summary of the TO REFUSE BECAUSE THE APPLICATION IS CONTRARY TO POLICY Recommendation:

1. Description:

1.1 This is an application to locate two additional static caravans on an existing site.

1.2 The current static site has planning permission for six units, and it is intended to undertake improvements to the site so as to be able to add two new units, create a playing area, parking space, recycling area, install a safety barrier together with planting works and creating a landscaping bund.

1.3 The site is located within a rural area that is dotted with static and touring caravan parks of various sizes, close together. The site itself is located along a narrow third class road that is not a through road. The application site is long and narrow, with the land rising towards the rear where the caravans are located. A boat storage site together with a proposed recycling area is located near the site’s entrance, with a track leading past the residential property of Pant Gwyn Cottage to the caravan site. The site is located within an Area of Outstanding Natural Beauty and near a Heritage Coast. Only the property of Pant Gwyn Cottage is found in the near vicinity, and the remainder of the site is surrounded by caravan sites, therefore there are no concerns about the effect on residents’ amenities in this case.

1.4 The application is submitted to the Committee at the Local Member’s request.

2. Relevant Policies:

2.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that planning decisions should be in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.

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

B27 – LANDSCAPING SCHEMES Ensure that permitted proposals incorporate high quality soft/hard landscaping which is appropriate for the site and which takes into consideration a series of factors aimed at avoiding damage to recognised features.

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

CH34 – RURAL LANES Development proposals will be refused if they cause an unacceptable increase in the number of vehicles using Rural Minor Roads where the main users are expected to be pedestrians, cyclists or horse riders.

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

D17 – UPGRADING OF EXISTING STATIC HOLIDAY CARAVAN AND HOLIDAY CHALET SITES Proposals to upgrade existing static holiday caravan and holiday chalet sites using specific methods will be approved provided they conform to criteria regarding improving the range and quality of accommodation and facilities; substantial and permanent improvements to the design, setting, and appearance of the site and its setting in the surrounding landscape; together with increasing the number of units.

Supplementary Planning Guidance – Holiday Accommodation (2011)

2.3 National Policies:

Planning Policy Wales, Fourth Edition, February 2011. 3. Relevant Planning History:

C11/1131/39/LL – Locate an additional three static caravans on the existing site to make a total of nine caravans: Refused 2 February 2012.

C11/0742/39/LL – Locate an additional three static caravans on the existing site to make a total of nine caravans: Withdrawn.

C01D/0102/39/LL – Change the use of open land to a boat-parking site: Approved 19 June 2001.

C99D/0378/39/LL – Locate two additional static caravans instead of permission for tents and touring caravans: Approved 18 December 2000.

2/10/181 – A site for 10 touring caravans: Approved 1 December 1982.

4. Consultations: Community/Town Council: Refuse, because of overdevelopment as before, and that permission had not been granted originally when the applicant kept static caravans there.

Transportation Unit: The proposal is unlikely to generate much of an increase in traffic along the county road that leads to the site.

Caravan Site Inspection There is no objection to the above application provided that licence Officer: conditions (Model Standards 1989) are complied with. It is recommended to restrict development to verandas, ramps, shed, fences and the site’s boundary in order to ensure control and ensure compliance from the perspective of site licence conditions (Model Standards 1989). It is required that the applicant makes an application to amend the site licence for static caravans.

AONB Officer: Pant Gwyn, Sarn Bach lies within the AONB which is a statutory designation on the basis of conservation and is an area that is protected by local and national policies. Sarn Bach is an area under considerable pressure from caravans – and they are prominent in the landscape. The application in question is for two additional static units. There is concern in general about the increase in the number of static caravans in the AONB. However, in this case there are a number of caravans on the site already, there is fairly effective natural landscaping and it is intended to erect a clawdd and introduce more landscaping. There will be no objection on the basis of the impact on the AONB, provided a condition is imposed to ensure a suitable colour for the units.

Welsh Water: Not received.

Public Consultation: A notice was placed on the site and neighbouring residents were informed. The advertising period ended on 27/03/12 and five letters were received supporting the application on the following grounds:  The site is screened and well landscaped  New caravans would be green in colour  A reasonable increase  Landscaping not likely to create visual harm  The increase would not be likely to affect any views  A business for a local person to compete with bigger sites  The site is well-managed.

5. Assessment of the material planning considerations:

The principle of the development

5.1 As noted above, a number of policies within the Gwynedd Unitary Development Plan are relevant when determining the application. The main policy to consider when assessing the principle of the development is policy D17. The policy permits applications for upgrading existing static sites, minor extensions to the land area, relocating units or for a minor increase in numbers provided the three relevant criteria can be conformed to. 5.2 Point 1 of the Criteria: that the proposed development is part of a scheme to improve the range and quality of tourist accommodation and facilities on the site. The plan shows that it is proposed to improve facilities offered on the site by designating a parking spot specifically for visitors. Furthermore, a new playing/amenity site is shown, together with a recycling site, and installing a safety barrier, which are all improvements that would benefit users of the site. It is considered that there is every effort here to improve the quality of facilities for visitors, and the application therefore meets the requirements of criterion 1.

5.3 Point 2 of the Criteria: that the proposed development offers significant and permanent improvements to the design, layout and appearance of the site and its setting in the surrounding landscape. As this is a small and narrow site, the potential to offer significant improvements to the site’s layout and appearance is fairly restricted. It was noted during the site visit that an earthen clawdd had been demolished and relocated to the front of the proposed parking site, and that hedgerows have already been planted. The plan also shows an intention to install new green-coloured units which would improve the appearance within the site. In comparison with static and touring caravan sites in the vicinity, the site is relatively enclosed and is largely landscaped and well screened, and the minor extension to the land area is concealed behind the new clawdd. On the whole, therefore, it is not considered that two additional caravans located in the sites shown on the plan, together with associated developments, are likely to have a significant impact on the landscape, which is also an AONB. The application therefore meets the requirements of criterion 2.

5.4 Point 3 of the Criteria: that any increase in the number of static holiday caravan or holiday chalet units is minor and is commensurate with the scale of any improvements to the site. The policy and the Supplementary Planning Guidance: Holiday Accommodation elaborates further, and states that the increase in numbers should be no greater than 10% above the number when the first application to increase the number of units was made, from the date of adopting the GUDP. In this case, the proposal means increasing the number of units by 33% from the current number; it is not considered that this figure is tantamount to a minor increase to the number of existing units. An increase of two additional caravans cannot be supported as it is an excessive increase that does not meet policy requirements. The applicant was advised that one additional unit would be the acceptable figure in order to comply with policy. It is acknowledged that the site is surrounded by other caravan sites in the area, and that this site is small in comparison; nevertheless, it is not considered that the number of units applied for reflect the size of the site. The scale of the development is an overdevelopment of the site and is contrary to the objectives of criterion 3 of policy D17.

Visual amenities

5.5 Policy B8 of the Unitary Development Plan assesses the effect of developments on Areas of Outstanding Natural Beauty. In this case, bearing in mind that the site is located amongst a collection of prominent caravan sites, this site is relatively concealed. The site is largely landscaped with trees and hedgerows that have matured and established as an effective screen, therefore it is not considered that the proposed development would cause significant detrimental harm to the landscape. The AONB Officer is not concerned about the proposal, and it is considered that it meets the requirements of policy B8 of the Unitary Development Plan.

5.6 The proposed plan shows details of the existing trees and hedgerows and also lists the type and location of the proposed landscaping. It is considered that the trees/hedgerows are suitable to the site and are in-keeping with the current character of the area, and therefore comply with policy B27 of the GUDP which relates to the landscaping schemes of developments.

Traffic and access matters

5.7 Policies CH33 and CH34 of the Unitary Development Plan relate to assessing proposals in terms of their effect on safety on roads and streets, in particular minor rural lanes. The aim of the proposal is to increase the number of static units from six to eight; the transportation unit considers that this increase is unlikely to cause a detrimental impact to road safety. Therefore, it is considered that the proposal complies with the requirements of the abovementioned policies.

5.8 Policy CH36 is involved with the provision of parking facilities when developing sites. In this case, it is proposed to provide a designated parking area, which is welcomed. It is therefore considered that the proposal complies with the requirements of policy CH36 of the Unitary Development Plan.

6. Conclusions:

6.1 Whilst it is acknowledged that the development demonstrates improvements to the facilities of the current static site, and that the additional landscaping improves the appearance and environment of the site, the proposed increase in the numbers does not reflect the scale and size of the site. Two additional units is considered excessive, an overdevelopment and exceeds the 10% threshold permitted by policy D17, and therefore the proposal submitted does not comply with policy requirements.

7. Recommendation:

7.1 To refuse. The increase in the numbers of static units proposed is excessive, as it equates to an increase of 33% from the current number. The increase is therefore contrary to policy D17 of the GUDP, which states that any increase in the number of static units on current sites should be small, and equal to no greater than 10% of the existing number on the site.

Number: 11

Application Number: C12/0352/41/LL Date Registered: 12/03/2012 Application Type: Full - Planning Community: Llanystumdwy Ward: Llanystumdwy

Proposal: CREATION OF A NEW SITE FOR 20 TENTS AND 20 TOURING CARAVANS TOGETHER WITH ERECTION OF A TOILET/SHOWER BLOCK, OFFICE AND ALTERATIONS TO THE ACCESS. Location: SITE ADJACENT TO WERN, CHWILOG, PWLLHELI, GWYNEDD, LL53 6SG

Summary TO DELEGATE POWERS TO REFUSE WHEN THE CONSULTATION PERIOD ENDS of the Recommendation:

1. Description:

The proposal is for creating a caravan site for 20 touring caravans and 20 tents along with constructing a toilet/shower block, an office and creating a bin storage area. The site extends to 5 acres / 2 hectares of agricultural land. The site is served by a narrow unclassified track from the B4354 in Chwilog. The track also serves as a vehicular access of a residential property near the entrance of the B4354, the village cemetery, a pedestrian access to several nearby residential houses and two other houses further up the track.

The application is a resubmission of an application to create a caravan site for 30 touring caravans and 30 tents, along with erecting a toilet/shower block, an office and changes to the access refused under reference C11/0740/41/LL in January 2012.

This new application includes two fewer fields than the previous application and it includes one 1.64 acre field for an office, amenity and play area and tracks that lead to an open field for tents and 4 touring caravans (1.99 acres) and another 1.44 acre field for a toilet and shower block and 16 touring caravans.

It is proposed to strengthen the boundaries with planting; however, closing the boundaries to adjacent fields is not shown.

2. Relevant Policies:

2.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that planning decisions should be in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan.

2.2 Gwynedd Unitary Development Plan 2009:

STRATEGIC POLICY 17 – TOURISM

Proposals to develop or improve the variety and quality of tourist facilities and attractions will be approved provided they do not significantly harm the environment, the area’s cultural characteristics or the amenities of nearby residents. POLICY B23 – AMENITIES

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

POLICY B27 – LANDSCAPING PLANS

Ensure that permitted proposals incorporate high quality soft/hard landscaping which is appropriate to the site and which takes into consideration a series of factors aimed at avoiding damage to recognised features.

POLICY CH33 – SAFETY ON ROADS AND STREETS

Development proposals will be approved if they can conform to specific criteria regarding the vehicular entrance, standard of the existing road network and traffic calming measures.

POLICY D19 – NEW SITES FOR TOURING CARAVANS, CAMPING AND TOURING UNITS

Proposals for developing new touring caravan, camping, or touring unit sites will be permitted provided they conform to specific criteria regarding the design, layout, appearance and location of the development, traffic issues, and restrictions on the use of the units and the accumulative impact on the local area.

2.3 National Policies:

Planning Policy Wales, Fourth Edition, February 2011.

 Chapter 7 - Sustaining the Economy  Chapter 11 - Tourism, Sport and Recreation

Technical Advice Note 12: Design (2009)

3. Relevant Planning History:

A similar application “to create a caravan site for 30 touring caravans and 30 tents, along with erecting a toilet/shower block, an office and changes to the access” was refused under reference C11/0740/41/LL in January 2012. The reasons for this were as follows:

1. The access track that leads to the site from the B4354 is narrow and has a lack of passing places; therefore, it is considered to be unsuitable to serve the proposed development. Therefore, it is considered that the proposal is contrary to policies CH33 and D19 of the GUDP. 2. The proposal, due to its location, scale, access and impact on residential and visual amenities is contrary to the requirements of Policy D19 and B23 of the GUDP. 3. The proposal would cause a substantial increase in traffic on the access track and it would cause significant harm to the residential amenities of the nearby houses because of noise and disturbance. Therefore, it is considered that the proposal is contrary to policies B23 and D19 of the GUDP.

4. Consultations: Community/Town Council: Awaiting a response

Transportation Unit: Awaiting a response; have discussed the matter orally

Fire Service: Awaiting a response

Biodiversity: Comment on the existing hedges

Environment Agency: No objection / low risk

Welsh Water: No observations

Public Protection Unit: Awaiting a response

Public Consultation: A notice was placed in the press, and on the site, and nearby residents were informed. The advertising period ends on 13 April 2012. When preparing this report, one objection had been received on the following grounds:

 The amended plan and the reduction in numbers continues to have a harmful impact on the visual and residential amenities of the local residents.  The site is visible from the highest floors of nearby houses, regardless of the additional planting.  The amended proposal will create a substantial increase in traffic along the village’s roads and on the access track, which would have significant harm on the amenities of nearby residents because of disturbance and noise.  It is believed that cars towing caravans would have to cross the centre line of the B4354 in order to be able to turn into the track when arriving at the site from the direction of Y Ffôr – this would cause a hazard to traffic travelling from the other direction.

5. Assessment of the material planning considerations:

The principle of the development

5.1 As noted above, a number of policies within the Gwynedd Unitary Development Plan are relevant when determining the application. The main policy to consider when assessing the principle of the development is policy D19. The policy states that proposals to develop new touring caravan, camping or touring unit sites will be permitted provided that they comply with the criteria. Points 1, 2, 3 and 4 of the policy are relevant bearing in mind that the application involves creating a new site. 5.2 Point 1 of the Criteria: that the proposed development is of a high quality in terms of design, layout and appearance, and is sited in an unobtrusive location which is well screened by existing landscape features and/or where touring units can be readily assimilated into the landscape in a way which does not significantly harm the visual quality of the landscape.

5.3 The application site is an area of relatively flat land in open countryside. The site is not completely visible because of the existing growth of vegetation on the site and because of the scale and nature of the development, it is considered a proposal on this scale would be intrusive in the landscape and it would not be easy to assimilate a development of the proposed scale into the landscape in a manner that would not cause substantial damage to the visual quality of that landscape.

The amenity area is near the access track and it must be passed through in order to reach the touring units and tents; there is no natural supervision of this site and its proposed use conflicts with the fact that cars drive through it; i.e. the safety of children at play. The internal layout of the site is poor in terms of natural supervision and security and it appears extensive for its proposed use / the proposed numbers.

Therefore, it is considered that the proposal is contrary to the criteria of point 1 of the policy.

5.4 Point 2 of the Criteria: that the site is close to the highway network and that adequate access can be provided without significantly harming the character and features of the landscape;

5.5 The site is served by a narrow unclassified track from the B4354 in Chwilog. As the access track has already been established it is not considered that the proposal will cause significant harm to the character and features of the landscape contrary to point 2 of the criteria. Nevertheless, other parts of the report discuss concern regarding the standard of the access and track and the impact on local amenities.

5.6 Point 3 of the Criteria: that the site is used for touring purposes only and that any units are removed from the site during periods when not in use.

5.7 The application is not contrary to point 3 of the criteria; this can be ensured by the use of valid planning conditions.

5.8 Point 4 of the Criteria: that the proposed development, taking into account the cumulative impact of existing touring caravan, camping and touring unit sites approved within the immediate locality, will not exceed the capacity (e.g. environmental, social and cultural, roads network, amenities etc.) of that locality to reasonably accommodate such developments.

5.9 It must be acknowledged that some areas in Gwynedd already have a high density of holiday sites which can place a strain on the reasonable ability of the locality to accommodate further such developments. In this area there is not a high density of touring caravan and camping sites but due to the scale of this development because of its location and size of the village, it is considered that it would be beyond the reasonable capacity of the village in terms of its environmental effect and its impact on amenities and the road network to accommodate the development without causing significant damage locally. It should also be questioned how it is intended to manage the site in terms of safety, noise, litter, any anti-social behaviour etc. when the applicant does not live close to the site. Therefore, it is considered that the proposal is contrary to the criteria of point 4 of the policy.

General and residential amenities 5.10 The track from the highway to the site is narrow with residential houses adjoining the track. The flow of traffic back and forth along this track is likely to have a significant adverse effect on the residential amenities of the nearby houses as a consequence of noise and disturbance. The nature of touring sites also could mean movements late at night. The site is also approximately 35m away from the Tŷ’n Rhos estate and is likely to cause an adverse effect to the usual enjoyment of the residents of those houses. Therefore, it is considered that the proposal is contrary to policy B23 because of the location of the development and the access track being so close to the nearby residential houses.

Transportation matters

5.11 The track that leads from the B4354 to the site is approximately 270 metres long. It is a narrow unclassified track and has a lack of passing places; the track is in a serious condition at the moment. The track also serves three bungalows with pedestrian access only and also serves the village cemetery which does not have a car park.

It is considered that the proposed use and level of traffic anticipated on the track conflicts with the existing uses. In addition to this, there is a plot of land to the east of Lôn y Plas that has been earmarked for 21 houses. The GUDP’s development brief acknowledges that Lôn y Plas is unsuitable for providing a vehicular access to the site of the proposed houses. Therefore, the brief is material to this application and shows the unsuitability of Lôn y Plas for additional traffic and use. It is considered that the proposal is contrary to Policy CH33.

The observations of the Highways Unit had not been received at the time of preparing this report. I trust that the observations will be in hand by the date of the Committee.

6. Conclusions:

6.1 Having given due consideration to the application, the use and location of the proposal is deemed unacceptable. Access to the site is along a poor and narrow unclassified single track road that cannot be improved, and which has a lack of passing places, and it is considered that it is unsuitable for additional traffic and use. It is considered also that this proposal, because of its scale and location, would have a serious detrimental effect on the visual and general amenities of nearby residents. All material considerations were considered when determining this application, but this has not changed the recommendation.

7. Recommendation:

7.1 To delegate the right to refuse, subject to the end of the advertising period, for the following reasons – The development is contrary to policies D19, B23 and CH33 (access to the site, visual and amenity impact).