Democratic Service Complete Agenda Swyddfa’r Cyngor CAERNARFON Gwynedd LL55 1SH
Meeting
PLANNING COMMITTEE
Date and Time
1.00 pm, MONDAY, 14TH MAY, 2018
*NOTE*
This meeting will be webcast
http://www.gwynedd.public-i.tv/core/portal/home
Location
Siambr Dafydd Orwig, Council Offices, Caernarfon, Gwynedd, LL55 1SH
N.B.
To be preceded by site visits in relation to applications numbers: C17/1266/16/LL – Land at Bryn Cul, 2 Tal Gae, Tregarth LL57 4AE C17/0903/16/LL – Carreg y Fedwen, Sling, Tregarth
Committee members to meet at the entrance of the Council’s Multi-Storey Car Park, Caernarfon, at 10.00am. Advise to wear sensible shoes
Councillors are advised not to visit the sites on their own.
Contact Point
Lowri Haf Evans [email protected] 01286 679878 (DISTRIBUTED 03/05/18)
www.gwynedd.llyw.cymru
PLANNING COMMITTEE
MEMBERSHIP (15)
Plaid Cymru (8)
Councillors Elwyn Edwards Simon Glyn Sian Wyn Hughes Berwyn Parry Jones Huw Gruffydd Wyn Jones Edgar Wyn Owen Catrin Elen Wager Gruffydd Williams
Independent (4)
Councillors Eric M. Jones Anne Lloyd Jones I. Dilwyn Lloyd Eirwyn Williams
Llais Gwynedd (1)
Councillor Owain Williams
Lib / Lab (1)
Councillor Stephen W. Churchman
Gwynedd United Independents (1)
Councillor Louise Hughes
PROCEDURE FOR SPEAKING ON PLANNING APPLICATIONS IN THE PLANNING COMMITTEE
The Council has decided that third parties have the right to speak on planning applications at the Planning Committee. This leaflet outlines the normal operational arrangements for speaking at the committee.
1. Report of the Planning Service on the planning application including a recommendation.
2. If an application has been received from a 3rd party to speak the Chairman will invite the speaker to come forwards.
3. Objector or a representative of the objectors to address the 3 minutes committee.
4. Applicant or a representative of the applicant(s) to address the 3 minutes committee.
5. Local Member(s) to address the committee 10 minutes
6. Committee Chairman to ask for a proposer and seconder for the planning application.
7. The committee to discuss the planning application
AGENDA
1. ELECT CHAIR
To elect a Chairman for 2018/19
2. ELECT VICE CHAIR
To elect a Vice Chair for 2018/19
3. APOLOGIES
To accept any apologies for absence.
4. DECLARATION OF PERSONAL INTEREST AND PROTOCOL MATTERS
To receive any declaration of personal interest and to note protocol matters.
5. URGENT ITEMS
To note any items that are a matter of urgency in the view of the Chair for consideration.
6. MINUTES 7 - 21
The Chair shall propose that the minutes of the previous meeting of this committee, held on, 16.4.18, be signed as a true record.
7. PLANNING APPLICATIONS
To submit the report of the Head of Environment Department.
7.1. APPLICATION NO C17/1266/16/LL LAND AT BRYN CUL, 2 TAL 22 - 36 GAE, TREGARTH, BANGOR
Install one 17.5 metre high telecommunications mast including 3 antenna and 2 transmission dishes along with 2 equipment cabinets and 1 meter cabinet and ancillary work
LOCAL MEMBER: Councillor Dafydd Owen
Link to relevant documents
7.2. APPLICATION NO C17/0903/16/LL CARREG Y FEDWEN, SLING, 37 - 51 TREGARTH, BANGOR
Creation of sacred healing acoustic research and enterprise centre including the erection of four new buildings, the formation of parking areas and
erection of 2.3m high boundary wall (revised application to one previously withdrawn - C16/1158/16/LL)
LOCAL MEMBER: Councillor Dafydd Owen
Link to relevant background documents
7.3. APPLICATION NO C17/1094/36/LL THE CROSS FOXES, 52 - 67 GARNDOLBENMAEN, GWYNEDD
Change of use from pub dwelling.
LOCAL MEMBER: Councillor Stephen Churchman
Link to relevant background papers
7.4. APPLICATION NO: C17/1011/24/LL FRON DEG SITE, 68 - 87 RHOSTRYFAN, CAERNARFON
Full application for the construction of 4 two storey dwellings to replace 4 previously approved bungalows
LOCAL MEMBER: Councillor Aeron Maldwyn Jones
Link to relevant background documents
7.5. APPLCIATION NO C18/0233/15/LL LAND NR TY DU ROAD, 88 - 101 LLANBERIS, CAERNARFON
Change of use of land to provide 5 formal parking spaces, new footpath and areas of garden
LOCAL MEMBER: Councillor Kevin Morris Jones
Link to relevant background documents
7.6. APPLICATION NO C18/0266/44/LL 26, MEADOW DRIVE, 102 - 113 PORTHMADOG
Construction of a two storey extension on side of property and a single storey extension on the rear.
LOCAL MEMBER: Councillor Nia Wyn Jeffreys
Link to relevant background documents
Agenda Item 6. PLANNING COMMITTEE 16/4/18
PLANNING COMMITTEE 16/4/18
Present: Councillor Anne Lloyd Jones - Chair Councillor Elwyn Edwards - Vice-chair
Councillors: Stephen Churchman, Simon Glyn, Sian Wyn Hughes, Berwyn Parry Jones, Huw G. Wyn Jones, Dilwyn Lloyd, Edgar Wyn Owen, Catrin Wager, Eirwyn Williams, Gruffydd Williams and Owain Williams.
Others invited: Councillors John Brynmor Hughes, Dafydd Owen and Peter Read (Local Members).
Also in attendance: Gareth Jones (Senior Planning Service Manager), Cara Owen (Planning Manager), Dafydd Gareth Jones (Senior Minerals and Waste Senior Officer), Medi Emlyn Davies (Development Control Officer), Gareth Roberts (Senior Transportation Development Control Officer), Rhun ap Gareth (Senior Solicitor) and Glynda O’Brien (Member Support Officer).
Apologies: Councillors Louise Hughes, Eric Merfyn Jones and E. Selwyn Griffiths (Local Member).
1. DECLARATION OF PERSONAL INTEREST AND PROTOCOL MATTERS
(a) Councillor Stephen Churchman declared an interest in item 5.4 on the agenda (planning application number C17/1094/36/LL) because he was a friend and neighbour of the applicant.
The Member was of the opinion that it was a prejudicial interest and he withdrew from the Chamber during the discussion on the application.
(b) The Senior Solicitor declared a personal interest in item 5.6 on the agenda (planning application number C16/1430/44/LL) as he knew the applicant and his family.
The officer was of the opinion that it was a prejudicial interest and he withdrew from the Chamber during the discussion on the application.
(c) The following members stated that they were local members in relation to the items noted:
Councillor John Brynmor Hughes (not a member of this Planning Committee), in items 5.3 and 5.7 on the agenda (planning application numbers C17/1056/39/LL and C17/0967/39/LL); Councillor Stephen Churchman (a member of this Planning Committee), in item 5.4 on the agenda (planning application number C17/1094/36/LL); Councillor Dafydd Owen (not a member of this Planning Committee), in item 5.5 on the agenda, (planning application number C17/1266/16/LL); Councillor Peter Read, (not a member of this Planning Committee), in item 5.9 on the agenda, (planning application number C17/1181/38/LL).
The Members withdrew to the other side of the Chamber during the discussion on the applications in question and did not vote on these matters.
(ch) No members noted that they had been lobbied by individuals in relation to any item.
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2. MINUTES
The Chair signed the minutes of the previous meeting of this Committee, that took place on 19 March 2018, as a true record.
3. PLANNING APPLICATIONS
The Committee considered the following applications for development.
Details of the applications were expanded upon and questions were answered in relation to the plans and policy aspects.
RESOLVED
1. Application number C17/0198/30/LL – Pwll Melyn, Rhiw, Pwllheli
Application to retain work of erecting a garage / store.
(a) The Senior Development Control Officer elaborated on the background of the application and noted that the application had been deferred at the Committee meeting held on 5 June, 2017 in order to reassess the application in terms of the design and need and that the description had now changed to "erecting a garage / store" rather than erecting an agricultural building. Some members had visited the site prior to the meeting and were therefore familiar with the context of the application within the landscape and the AONB. Amended plans were received on 9 February which showed that the building had been pushed further back from the listed house, and that the design had changed to become a pitched roof rather than a mono pitched roof, and the finish would be timber with a reduction in height.
Reference was made to the relevant local and national policies and the responses to re- consultation within the report. No objection to the amended plan had been received.
In terms of the assessment, the applicant noted that the building was necessary for multi- purpose use, which included storage and shelter for animals during occasional inclement weather.
In the context of visual amenities, it was not considered that the proposed development in its amended form would impact the AONB.
It was noted that the proposal was acceptable in terms of general and residential amenities, and matters relating to biodiversity, highways, conservation/listed building and that it was acceptable with regard to the relevant local and national policies for the reasons noted in the report. In terms of the concerns raised about the listed building of Pwll Melyn Cottage, a meeting was held with a Conservation Officer and an Enforcement Officer following the previous Committee's decision, and it was noted that the amended plans complied with the officers' observations, and policy PS20 of the LDP along with Planning Policy Wales.
The officers’ recommendation was to approve the application subject to the conditions listed in the report.
(b) It was proposed and seconded to approve the application.
(c) A Member noted that the concerns he had had about a listed cottage had been alleviated after he attended the site visit and saw that the size of the listed building had been reduced and had been set farther back.
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RESOLVED to approve the application.
Conditions: 1. In accordance with the amended plans received on 9 February 2018; 2. No caravan to be sited within the extended curtilage; 3. Stain the external timber board covering dark brown; 4. Building roof to be of a BS 18 B 29 dark grey colour; 5. Demolish the existing structure in its entirety and restore the land to its original condition before starting work on the building approved here.
2. Application number C17/0557/38/LL – Land adjacent to Beach Road, Llanbedrog, Pwllheli
Construction of an affordable house.
(a) The Planning Manager reported that the Department had received amended plans regarding the appearance and design of the above proposed house and, consequently, the Planning Committee was therefore asked to defer the application in order to have a reassessment.
RESOLVED to defer the application.
3. Application number C17/1056/39/LL - Frondeg, Llanengan, Pwllheli
Application to site 10 touring caravans and a static caravan for site manager, shower and toilet block, acoustic fence, earth bank, new access drive and parking spaces for a nearby chapel
(a) The Planning Manager elaborated on the background of the application, noting that the application had been deferred at the Committee held on 26 February 2018 in order to carry out a site visit Some of the members had visited the site before the meeting, and the site was viewed from three different sites, namely the existing entrance, the proposed entrance and past the existing house. It was noted that the agent had confirmed that the static caravan for the manager was not part of the application. It was intended to create a parking area for 25 vehicles for visitors to the cemetery and users of the nearby chapel.
It was noted that the site was within a Conservation Area and the AONB, and the officers had stated a concern that it would impact the landscape and that landscaping would not reduce the proposal's impact on the landscape sufficiently to overcome concerns about the prominence of the site in the landscape. Attention was also drawn to the amendments and the further explanation received from the agent which were on the late observations form, but the only matter relevant to the application before the committee was the withdrawal of the static caravan for the warden from the application.
In terms of the principle of the development, it was noted that the site was of a limited size with caravans placed around the boundaries, and it was noted that an amenity area had not been indicated and there would not be enough room for such a provision due to the size of the plot.
The site was located on a slope with hedges surrounding the site, but the existing landscaping was insufficient to hide and integrate the proposed units into the landscape. Whilst it was noted that the plan stated the intention to plant a new hedge on the edges of part of the new track, it would not be sufficient to create an acceptable development.
The applicant stated that the existing entrance was dangerous and inconvenient and, consequently, part of the proposal involved substantial work to create a new track along with parking spaces for visitors to the cemetery and nearby chapel. It was considered that this
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element would have a substantial detrimental impact on the landscape and, during the site visit, the parking space and the track size was seen, and the proposed work would create a very urban element. Whilst noting that there was parking space nearby for visitors to the cemetery and chapel users, no real evidence was received to demonstrate the nature and scale of the problem. The road was considered wide enough for occasional parking use and it was likely that it would be very occasionally by the chapel and the cemetery, but the impact of creating such a large car park would be permanent.
Attention was drawn to the fact that many caravan sites were situated within the area and were not visible from the application site, and concern would have to be expressed in this case regarding the cumulative effect of existing sites. It was considered that the application did not comply with criterion TWR 5 relating to touring caravans.
The application involved the creation of a new touring caravan site, but the applicant stated that the site had been used for years and evidence was submitted in the form of one statutory declaration, a 2017 taxes statement and photographs in support of this. Nevertheless, no application to legalise this element through a Certificate of Legal Use was received in accordance with the usual procedure as had been done at other sites throughout the County in the past.
It was considered that the proposal was unacceptable in principle and on the grounds of local and national policies and guidance, substantial detrimental impact on nearby residents in addition to road safety concerns. It was recommended to refuse the application in accordance with reasons 1-4 listed in the report, as the fifth reason had been met as outlined above.
(b) The Local Member (not a Member of this Planning Committee) supported the application, and he made the following main points: That there had been a caravan site on the site since 1957, and this was supported by a statutory statement letter and that the planning officers had received this Based on the above, the applicant was not required to submit a Certificate of Lawful Use That the existing site was in two fields, and there was a further intention to set up one site in one field That many letters had been sent by families who had used the site and continued to do so That the applicant had a tax invoice for the site for 2017/18 noting "Campsite and premises" That the road was narrow and steep and not in good condition - a new road from Llanengan would be of advantage, especially for the emergency services. Also, it would include a road to the chapel and cemetery car park in an area where the road was busy in summer There was no objection to the application locally, but there was strong support The benefit of the plan was clear Neither the new road nor the caravan site would be prominent, and a tree planting scheme had commenced
(d) In response, the Senior Solicitor noted that the historic information had not been assessed on the grounds of the application before the Committee. To do this, the applicant would have to submit an application to consider the site's legal use and, if successful, the content of the report could change. However, it was currently impossible to give weight to a matter where the evidence had not been tested.
(ch) It was proposed and seconded to refuse the application.
During the ensuing discussion, the following main observations were noted by members:
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Whilst acknowledging what the officers were saying and, despite the cumulative impact it would have on neighbours and the views of the AONB, it was asked whether it would be possible to approve or defer the application and request that the applicant submit the relevant evidence mentioned above. That the Highways Department had stated that the access would create problems and that this should be taken into consideration Whilst accepting that there were concerns and no certificate of lawful use, again the Local Member was of the opinion that the site had existed for over 61 years.
(d) In response, the Planning Manager explained that the Planning Committee, at its meeting on 26 February 2018, had discussed the certificate of lawful use element and she added that the Planning Department was unaware of any further evidence submitted, or a request for a certificate of lawful use. It was further noted that the application for a certificate of lawful use would have to be given a separate consideration, and that there were complications to solve deriving from the evidence, such as information about the certified site which was a site that did not require planning permission. Whilst acknowledging the agent's statement that it was a different field and on a smaller scale, and even if this is correct, the application still had a detrimental impact on the amenities of two houses in addition to the AONB and the Conservation Area due to the scale and nature of the proposed track.
The Senior Solicitor added that there was a danger for the Planning Committee to approve the application based on doubt surrounding the evidence, and the need to receive firm evidence before considering the element of the certificate of lawful use was emphasised.
The Senior Planning Service Manager explained that the certificate of lawful use dealt with land use, and did not address the physical concerns in terms of the reasons for refusing the application. He also emphasised that there was no justification to approve it in terms of the evidence put forward, and he suggested that the Planning Committee refuse the application and he advised them to ask officers to provide appropriate advice to the applicant to submit an application for a certificate of lawful use.
(dd) A vote was taken on the proposal to refuse it, adding that the applicant should be invited for a further discussion with the planning officers on the certificate of lawful use.
RESOLVED to refuse the application.
Reasons:
1. The proposal, because of its location, setting and appearance in the landscape, would stand out as a prominent and intrusive feature in the countryside and would have a detrimental impact on the landscape and on the visual amenities of the Area of Outstanding Natural Beauty. The proposal is therefore contrary to policy AMG 1, PS 19 and TWR 5 of the LDP and Supplementary Planning Guidance: Holiday Accommodation Gwynedd Council.
2. The proposal, because of its location and setting, would stand out as a prominent and intrusive feature in the countryside and would have a detrimental impact on the Llanengan Conservation Area, contrary to policy AT 1 and PS 20 of the LDP.
3. The proposal is contrary to the requirements of Policy PCYFF 2 of the LDP, considering that it has a detrimental impact on the residential and general amenities of nearby residents on the grounds of noise and general increase in general activities.
4. The proposal would increase the use of an existing agricultural access which has sub- standard visibility splays and at a place where limited manoeuvres to enter and exit the
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main road would cause significant road risks, which is contrary to policy TRA 4 of the LDP.
4. Application number C17/1094/36/LL - The Cross Foxes, Garndolbenmaen
Change of use from public house to dwelling house.
(a) The Planning Manager elaborated on the background of the application, noting that the application had been deferred at the Committee held on 26 February 2018 in order to give a local community group an opportunity to submit evidence of their intention to purchase the building in order to retain its use as a public house.
The Planning Committee's attention was drawn to the fact that the proposal would not involve any external structural change and the rest of the development's details were referred to in the report along with late observations on the form submitted to the Committee. In terms of the principle of the development, attention was drawn to paragraphs 5.1 and 5.2 which assessed the criteria of policy ISA2 and, having weighed up the evidence submitted against the policy and the fact that it was highly unlikely, based on the information to hand, that the building's use as a public house would be reinstated on account of the costs and nature of the community, it was believed that justification had been shown for the change of use.
An observation had been received from the Economic Development Service that this type of rural public house business faced a number of challenges, and that the information submitted had been assessed and that it confirmed that it was not viable in its current form.
It was noted that the relevant requirements in the policies had been adhered to, such as marketing the building as a public house since 2010 and that there was justification for changing the use as outlined in the assessment of the report. In addition, it was noted that the Community Group in Garndolbenmaen had submitted information regarding their intention to develop the public house, and reference was made to the information in point 5.14 of the report. It was noted that there was no doubt that the Group's intentions were genuine, but the Planning Authority had to determine the application based on policies that were current at the time the application was submitted and within a specified amount of time. An application could not be refused based on a third party wish rather than a genuine plan that could be realised; that is, a decision could not remain unresolved until such a wish had been realised.
It was explained that the information submitted referred to general information about the current situation, the history of the site and the Group's future aspirations. Despite being a worthy cause, it was noted that the evidence that this would happen in the near future was not indisputable.
After considering all relevant information submitted, it was recommended to approve the application with the conditions listed in the report.
(b) It was proposed and seconded to approve the application.
During the ensuing discussion, the following main observations were noted by members: That nobody had been noted down on the form to speak, and the Community Group's spokesperson was here, therefore would it not be appropriate to receive an update? That the information received by the Community Group had been sufficient evidence that they were expressing an interest in the building along with the pledge of £10,000 which was a substantial sum for a village such as Garndolbenmaen. That the campaign by the Community Group seemed quite good and that it was a shame for the public house to close, and it was asked when the work of changing it into a house would commence.
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There was concern that there would be no resources left in rural areas since public houses and schools were closing, and that we should fight to help the Community Group. That the Committee had a duty to the Community Group and it was suggested to defer making a decision on the application for six weeks to enable the Group to make a statement to a meeting of the Planning Committee, considering that they also did not have a Local Member to support them as he had declared an interest and, consequently, it was asked whether it would be possible to nominate a member of a nearby ward to assist them.
(c) In response to these observations, the Senior Planning Service Manager noted: That it was a matter for the owner and the Community Group to discuss the timing of converting the public house into a house if the application was approved That the property had been for sale as a public house since 2011 In terms of evidence from the Community Group, an effort was made was to commence discussions and no firm proposal was put forward Based on the evidence put forward, it would be difficult for the Planning Committee to justify refusing the officers' recommendation to approve it; it was also possible that the applicant would submit an appeal on the ground of non-determination that would ultimately be a decision for the Inspectorate and this had to borne in mind That the Community Group had already had time to submit information
(ch) In terms of speaking at a Planning Committee, the Senior Solicitor explained that a system had been established where if such an application would be approved, the arrangements would have to be changed and this would risk setting a precedent for the future. However, it was explained that there was an option for the Committee to change the arrangements for the future if they wished to do so but, in accordance with the current situation, the arrangements did not allow it.
In the context of nominating a Local Member, it was suggested that the Senior Solicitor would deal with this matter.
It was further suggested that if the Planning Committee decided to defer the application, the need for them to accept the findings of the Community Group was emphasised, namely:
That they were submitting information for a realistic financial package to show that it was possible to fund the venture
(d) An amendment to defer determination of application for nine weeks was proposed and seconded to give the Community Group time to submit evidence and further information as suggested in (ch) above, to the Planning Committee in June. There was a vote on the amendment and the original proposal and the original application to approve it fell, and the amendment to defer for nine weeks carried.
RESOLVED to defer making a decision on the application for nine weeks to give the Community Group time to submit evidence and further information about their intentions to fund the venture.
5. Application number C17/1266/16/LL – Land at Bryn Cul, 2 Tal Gae, Tregarth, Bangor
Erect a 17.5m high telecommunications mast, including three antennae, two broadcast satellites, two equipment sheds and one measuring cabinet and associated work.
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(a) The Planning Manager reported that based on concerns raised locally about the confusion with the site visit and the severe weather on the day of the visit, it was suggested that the Planning Committee defer making a decision on the application in order to revisit the site, to allow the Local Member to participate.
(d) The following points were made by the Local Member (not a member of this Planning Committee): That the Planning Committee had not visited the correct site, namely on farm land and, therefore, how could the application be discussed? That the Planning Committee should be taken by officers along Route number 12 towards the fountain site not on Bryn Cul land That the site where it was intended to erect the pole was much higher than where the members had been standing during the site visit and, therefore, it was visually misleading because the trees and the brambles formed a boundary between the two sites
(e) It was proposed and seconded to revisit the site.
RESOLVED to defer making a decision on the application and to ask the Senior Planning Service Manager to arrange another visit to the site.
6. Application number C16/1430/44/LL - Land of the former Moelwyn Dairy, Penamser Road, Porthmadog
Erection of a two-storey four bedroom residential dwelling in open countryside with the installation of a septic tank and creation of a new vehicular access and access road
(a) The Planning Manager elaborated on the background to the application and noted that the application had been deferred at the Committee meeting held on 13 March 2017 in order to give the applicant an opportunity to submit further information about some specific aspects of the application.
It was explained that the applicant was asked for information associated with the rural enterprise in accordance with the requirements of the Technical Advice Note on three occasions, namely in March, May and October 2017, but no additional information was submitted for assessment.
Since the application's submittal, it was noted that a clear change had occurred in terms of the policy as a result of the adoption of the Gwynedd and Anglesey Joint Local Development Plan which had superseded the previous development plan.
Reference was made to the late observations form which noted a request from the applicant to defer discussing and making a decision on the application due to a lack of time in order to obtain specialist advice and have an opportunity to submit new evidence.
The Planning Manager noted that the Department was not supportive of the request to defer because it was considered that a year was an acceptable amount of time to submit information.
It was noted that the site was located outside the defined development boundary for the Porthmadog area and, as such, it was considered to be a site located in the countryside. It was noted that paragraph 4.3.1 of Technical Advice Note (TAN) 6 'Planning for Sustainable Rural Communities' noted that one of the few circumstances in which a new isolated residential development in the open countryside could be justified was when accommodation
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was required to enable agricultural or rural enterprise workers to live at, or close to, their workplace. It was noted further that the essential nature of this requirement would depend on the needs of the rural enterprise in question in each specific case, and that it would not depend on the personal choice or circumstances of any of the associated individuals. TAN 6 also noted that Local Planning Authorities should carefully assess applications for planning permission for new agricultural or rural enterprise dwellings to ensure that a departure from the usual policy of restricting developments in the open countryside could be fully justified by reference to robust supporting evidence.
It was highlighted that reference was made in the application, specifically within the Design and Access Statement, together with letters of support, to the current agricultural use of the land along with a proposed business plan to change the use of this land to a new sustainable business as well as a local mountain rescue service to use part of the land. It was noted that no information had been submitted to the Planning Service to confirm the exact type of business proposed. Attention was drawn to a concern about the size of the dwelling (225m2) which was significantly larger than normal rural enterprise houses which were usually quite similar to affordable houses.
Reference was made to the full assessment noted in the report, and it was reiterated that the main issue was that no further information had been received to support the rural enterprise house, despite having made an application for it a year ago and that this was essential in order to consider the application for a house in the countryside. Having considered all relevant planning matters, the planning officers were of the opinion that the proposal was unacceptable for the reasons noted in the report.
(b) Taking advantage of the right to speak, the applicant made the following main points:
A request was made to defer because he had not received sufficient warning that the application was to be brought before the Committee on this day, namely four days ago, and only by accident and he had not received direct correspondence Whilst accepting that he had communicated with the Planning Department since previously discussing the application, on every occasion, he asked for a meeting with the officers and requests were made for direct phone numbers to be able to discuss further After meeting with the officers, he found that he would be required to strengthen and possibly amend the plans / design of the house in order to submit an improved application in line with other policies The intention was to discuss ideas with the officers to amend the application which would be acceptable for the Planning Department and even to withdraw it rather than continue and have the application refused When the application was discussed at the previous meeting, statements were made about a specific TAN6 policy, which encouraged younger people to manage farm businesses and diversification
(c) It was proposed and seconded to defer in line with the applicant's request.
(ch) During the ensuing discussion, the following main observations were noted by members: It was understood that a number of individuals were unable to directly contact the planning officers but it was assumed that clear guidance was available for applicants to discuss applications with officers. However, although a year had gone by, it was understood that the planning officers were not to blame for this. However, it was felt that it would be beneficial to seek the opinion of the Local Member Should the application be refused, the applicant could submit a new application The application should be refused because it was outside the development boundary The site abutted an industrial estate
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That the decision should be deferred because the applicant had noted that he had not been given a fair chance due to a lack of communication and, if it was deferred, at least it would give the applicant an opportunity in accordance with his wishes
(ch) In response to these observations, the Senior Planning Service Manager noted that: the planning officers had done their best to be reasonable in terms of the time and the Planning Committee had requested additional information and no such response had been received that the application was entirely contrary to the planning policies and was a four bedroom open market house that should the application be refused, the applicant could submit a new application
(f) The Chair noted that the Local Member had apologised for his absence from the Committee but he supported the application, as noted on the late observations form.
(dd) A vote was taken on the proposal to defer the application; however, this proposal fell. A vote was taken on a proposal to refuse the application for the reasons noted in the planning officers' report. This proposal carried.
RESOLVED to refuse the application.
Reasons:
1. This proposal for the erection of a new house in the countryside is not justified and is therefore considered to be unacceptable in principle and contrary to the requirements of Policies PCYFF 1 and PCYFF 2 of the Gwynedd and Anglesey Local Development Plan along with guidance in Supplementary Planning Guidance: Building New Houses in the Countryside, Technical Advice Note 6: Planning for Sustainable Rural Communities along with Planning Policy Wales, Chapter 9 on Housing.
2. The applicant has not provided sufficient and appropriate evidence to prove the need for an agricultural/rural enterprise dwelling on this site outside the development boundaries of Porthmadog. It is therefore considered that the proposal is contrary to that noted in paragraph 4.3.1 of Technical Advice Note 6 and paragraph 9.3.6 of Planning Policy Wales (Edition 9, 2016).
7. Application number C17/0967/39/LL - Land at Ty'n y Cae, Llangïan, Pwllheli, Gwynedd
Creation of site for 12 safari tents
(a) The Development Control Officer elaborated on the background of the application, noting that the application had been deferred at the Committee meeting held on 19 March 2018 in order to hold a site visit. Some members had visited the site prior to the meeting.
Attention was drawn to the proposal along with the considerations and responses to the public consultation within the report, and no late information was received in this case.
In assessing the application, the main consideration was policy TWR5 of the Local Development Plan which requested that camping sites be of high quality in terms of design, layout and appearance, and that they be sited in an unobtrusive location which was well screened by existing landscape features. Attention was drawn to the fact that the tents were of a significant size and were larger with the timber platform. From the site visit, it could be seen that the site was in open countryside and within the sensitive landscape of the AONB. Although the application contained proposed landscaping, it was considered that it was currently not screened well. It was not agreed with the visual impact assessment report submitted with the application which alleged that the impact of the proposal was limited. It
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was noted that the site could be seen clearly from the adjacent road, from the nearby public footpath and that there would be views of the tents across the AONB. Although it was not contrary to all the requirements of Policy TWR5, it did not meet with the policy's main aims which required that sites be unobtrusive in the landscape. Also, it was noted that the proposal was contrary to policy AMG1 and that the AONB Officer was concerned about the development's disturbance on the rural location. Although there was a connection with the Grade II listed building, it was not considered that it could be refused on this basis.
Although transportation and biodiversity matters were acceptable, the planning officers recommended to refuse it because it was contrary to policies TWR5, PS19 and AMG1 as it would create an obtrusive feature in the landscape and would have an unacceptable impact on the AONB.
(b) The Local Member (not a Member of this Planning Committee) supported the application, and he made the following main points: That safari tents were the subject of the application and they would be dismantled at the end of the holiday season Attention was drawn to the fact that there was one up on the site and that the canvas colour was in keeping with the background That the application was a different new venture Looking from the road, rows of caravans could be seen in the AONB and the tents would be in keeping with the landscape In terms of biodiversity, the applicant had spent a great deal to landscape professionally with trees that would be suitable for the area The landscaping would be carried out in autumn this year, and it was intended to erect the safari tents next year In light of the above, the applicant received a statement of good practice
(c) It was proposed and seconded to refuse the application.
During the ensuing discussion, the following main observations were noted by members:
No reason to refuse this could be seen, as the tents were smaller in size than caravans Concern that the AONB Officer and the Community Council objected Concern that the economy depended on tourism for the AONB and, from the site visit, it could be seen that the proposed development would have an impact on the beauty of the area.
(ch) In response to the above observations, the officers noted that: The tents were substantial in size, of a brown / dark green colour The recommendation was firm in terms of the AONB as it was in an extremely sensitive location Whilst accepting that there were cases where such a venture had been supported in the past, those locations were acceptable
RESOLVED to refuse the application.
Reason: The proposed site, owing to its location, setting and appearance in the landscape, would stand out as a prominent and intrusive feature in open countryside and would have a detrimental impact on the landscape and on the visual amenities of the Area of Outstanding Natural Beauty. Furthermore, the proposal would be located in a prominent site and would not be well screened by the existing landscape features. The proposal is, therefore, contrary to Policy PS 19, AMG 1 and TWR 5 of the Gwynedd and Anglesey Joint Local Development
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Plan (July 2017) and Supplementary Planning Guidance: Holiday Accommodation, Gwynedd Council.
8. Application number C16/1385/05/MW - Chwarel Garth, Minffordd, Penrhyndeudraeth
Application under the Environment Act 1995 for the determination of conditions under Periodic Review. Permission Ref 538, subject to Initial Review Ref 5/76/198C/IDO and Permissions Ref 5/76/198A & C10M/0116/05/MW.
(a) The Senior Planning Manager - Minerals and Waste elaborated on the background of the application, noting that the purpose of the periodic report was to ensure that the conditions would not become irrelevant and to give an opportunity to respond to standards and requirements that had just been introduced if the conditions about working the quarry should be reviewed formally every 15 years. It was the responsibility of the operator to submit, for approval from the mineral planning authority, a detailed work plan and a list of planning conditions that showed how the development could be operated in an environmentally acceptable manner, and adhere to modern and environmental working standards and practices.
It was further noted that the quarry produced road surface material and it was important for the area to employ 16 local individuals and to contribute towards the local economy.
The development was acceptable in terms of relevant local and national policies for the reasons noted in the report.
(b) It was proposed and seconded to approve the application.
RESOLVED to approve the application and authorise the Senior Manager, Planning and Public Protection Service to decide on a scheme of conditions under delegation.
Duration of working and associated activities, up to 21 February 2042, restoration completed by 2044 All plant and machinery to be removed upon cessation of operations Permitted Operations and Compliance with the Submitted Details / Plans Review of operations and scheme of progressive restoration every five years Hours of Working Scheme of groundwater monitoring within 12 months of determination, to be implemented prior to the commencement of Phase 3 of operations Water management plan for the quarry within 12 months of determination Storage of oils, fuels and lubricants on impervious bases and enclosures Scheme for the protection measures for adjacent habitats within 12 months of determination Invasive species survey and monitoring Updated habitat and protected species surveys 12 months prior to the commencement of extraction in Phase 3 of operations Restriction on vegetation clearance between March and July unless it can be proven in writing that the work will not disturb nesting birds Control of daytime and night-time noise limitations and temporary works and noise limits not to exceed 67dB LAeq for eight weeks in any 12 month period Noise monitoring White noise reversing alarms and appropriate sound deadening screens fitted to plant machinery Blast limitations and requirement for blast vibration monitoring Control of fugitive dust in accordance with the details of the application together with a log of complaints made available for inspection
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Sheeting of vehicles and use of wheel wash Archaeological recording and mitigation Progressive restoration and aftercare in accordance with the approved plans and final scheme to be submitted for approval prior to implementation Restoration scheme for the plant site by 31 December 2030 Soils and restoration media storage.
9. Application number C14/0999/40/AM - Land near the former Ysgol Hafod Lon, Caernarfon Road, Y Ffôr, Pwllheli
Construction of 10 detached dwellings (with 20% being affordable), layout for an access road and creation of an entrance, with a parking and pick-up area for Ysgol Gynradd y Ffôr.
(a) The Development Control Officer elaborated on the background of the application, noting that the appearance and landscape were reserved although the indicative plan of the appearance of the houses had been included. The application was originally submitted for 40 houses in 2014 and, at the time, it was based on the Gwynedd Unitary Development Plan, and it became apparent that Welsh Water had a lack of capacity to deal with the proposal's sewerage. A day before the Local Development Plan was adopted, information was received from the applicant stating that it would be possible, via a financial contribution from him to Welsh Water, to connect to the public sewer. Now, it was the Local Plan that was under consideration which showed that the site was outside the development boundary. As a result of this, the applicant amended the application for 10 houses rather than 40 and 20% of these would be affordable.
Reference was made to the relevant policies and the responses to the public consultations within the report and the observations on the late form.
In terms of the application's assessment, it was noted that the site lay outside the village development boundary and this was considered tantamount to erecting a new house in the countryside. Reference was made to policy TAI16 which involved proposals for affordable homes on rural exception sites, and that the proposal did not comply with the policy which required 100% affordable housing. The policy also required a proven local need for affordable housing. It was noted that three sites had since been noted within the development boundary and that the figures for Policy TAI 13 estimated that it would be possible to have 37 houses on the sites in question. In addition, it was noted that windfall houses were not required in the village of y Ffôr. Essentially, the proposal was contrary to Policy TAI 16.
Should the Planning Committee decide to approve the application, it would be required to ensure, as part of the reserved matters, that the size of the houses would be affordable and also an update would be required for the capacity of Ysgol y Ffôr to deal with the possible increase in pupil numbers. In addition, it was noted that there was a lack of open spaces in y Ffôr which meant that a financial contribution would be required towards such an additional provision.
In terms of road matters, the access would be suitable but a footpath was required to link the development with the village along with a new bus stop.
The Biodiversity Unit suggested relevant conditions.
Although elements of the proposal were acceptable, the planning officers' recommendation was to refuse the application as it was contrary to relevant planning policies and the reasons noted in the report.
(b) The Local Member (not a Member of this Planning Committee) supported the application, and he made the following main points:
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That he supported the application for 40 houses in the village of y Ffôr under the previous Unitary Plan, considering that the number of pupils at the local school had fallen but the boundary had changed and there had been problems with the sewerage Installation of private tanks for the houses was refused Ysgol Hafod Lon closed, and 9 / 10 houses were agreed That the road was dangerous and this application would give an opportunity for a secure access Whilst accepting the need for 100% affordable housing, slightly larger houses were required at times for individuals to be able to move up the housing ladder and free up affordable housing for others
(ch) It was proposed and seconded to refuse the application.
During the ensuing discussion, the following main observations were noted by members: That the cross-road was extremely dangerous, no visibility, and vehicles parked on the road It would be an over-development and many houses had been constructed in y Ffôr recently, and it was questioned whether 10 additional houses were required That three other sites had been designated in the Local Development Plan The houses should be 100% affordable Agreed with the recommendation, but support would be given if the application was for 100% affordable housing Extreme care had to be taken, and the difference between the previous Development Plan and the existing plan had to be understood. It was accepted that some individuals were winning and others were losing, but the Committee had done thorough research and had identified 37 houses for y Ffôr that were available to meet the needs of the school. The figure for building houses in the new development plan and the former plan had to be taken into consideration, and there was a need to be cautious of the risk of having more houses than what was required That it was unfortunate that the boundary had changed
RESOLVED to refuse the application.
Reasons:
1. The proposal would entail building new houses in the countryside where they are not needed for a rural enterprise. Therefore, the proposal is contrary to Strategic Policy PS 17 and Policy PCYFF 1 of the Anglesey and Gwynedd Joint Local Development Plan 2011-2026 (31 July 2017) together with Planning Policy Wales (9th Edition, November 2016) and Technical Advice Note 6: Planning for Sustainable Rural Communities. Planning for Sustainable Rural Communities.
2. The proposal is not for 100% affordable housing, local need for affordable housing has not been proven and no details have been submitted to show that it would not be possible to provide this housing provision within the development boundary. The proposal is considered to be contrary to the requirements of Policy TAI 16 of the Anglesey and Gwynedd Joint Local Development Plan 2011-2026 (31 July 2017).
10. Application number C17/1181/38/LL - Bryniau, Llanbedrog, Pwllheli
Retrospective application to extend a touring caravan site and retain the toilet block, a timber platform and undertake a landscaping plan.
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(a) The Planning Manager reported that the Department had received late amended plans and, consequently, it would be required to reassess the application, and the Planning Committee was asked to defer the application.
RESOLVED to defer the application because amended plans had been received and it was required to reassess and re-consult.
The meeting commenced at 1.00pm and concluded at 3.00pm.
CHAIR
Page 20 Agenda Item 7.1 PLANNING COMMITTEE DATE: 14/05/2018 REPORT OF THE SENIOR PLANNING AND PUBLIC PROTECTION PWLLHELI MANAGER
Number: 1
Application C17/1266/16/LL Number: Date 27/12/2017 Registered: Application Full - Planning Type: Community: Llandygai Ward: Tregarth and Mynydd Llandygai
Proposal: Erect a 17.5m high telecommunications mast, including 3 antennae, 2 broadcast satellites, 2 equipment sheds and one measuring cabinet and associated work
Location: Land at Bryn Cul 2, Tal Gae, Tregarth, Bangor, Gwynedd, LL57 4AE
Summary of the Recommendation: TO APPROVE WITH CONDITIONS
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1. Description:
1.1 This is an application to erect a 17.5m high telecommunications mast on rough agricultural land approximately 40m west of the development boundary of the Local Village of Tregarth, as defined in the Gwynedd and Anglesey Joint Local Development Plan (LDP). The mast would be a 'monopole' on a concrete base 3.6m x 3.6m. There would be three antennae and two transmission dishes at the top, three equipment cabinets at its base, and a 1.2m high fence around it to create a compound.
1.2 The site is located on a high, wooded ridge above the A55 trunk road. The land is wet and with a water course and well nearby and Public Footpath Number 12, Llandygai Community, runs past approximately 25m to the north. The aim is to ensure vehicular access to the site across agricultural land to the south, to connect with a private road that leads to the class three road that runs along the north eastern boundary of the village.
1.3 The nearest house, Bwthyn Pennau'r Bronnydd, is approximately 45m from the site whilst six other houses, including Pennau'r Bronnydd Terrace, stand within approximately 100m. The site lies within a Special Landscape Area designated by the LDP and also within the Ogwen Valley Landscape of Outstanding Historic Interest, recognised by CADW and Natural Resources Wales.
1.4 The proposal would involve erecting the steel tower and three cabinets of varying sizes, the largest being 2.1m high, and other associated equipment to be housed in a purpose- built compound. From the information submitted, it is noted that the intention is that two companies, such as Telefónica UK Plc. (O2) and Vodafone Plc., would use the facility to improve the 2G and 3G provision and provide a new 4G service because of a lack of current local provision. The applicants emphasise that they are trying to meet Welsh Government's wish to ensure better digital infrastructure in rural communities.
1.5 This plan is an amendment of a previously submitted plan on a site approximately 200m south that was withdrawn because of concerns about the possible impact on a nearby scheduled ancient monument.
1.6 The documents below were submitted as part of the application:
A "General Background Information for Telecommunications Developments" document Specific Supplementary Information Statement for the Site "Radio Planning and Expansion" Information Leaflet Copies of consultation letters sent with the pre-planning application "Planning for a Better Network" statement "Health and Mobile Phone Base Stations" Document Declaration of Conformity with the ICNIPR requirements (International Commision on Non-Ionizing Radiation Protection) Service Area Maps showing improvements to the 2G, 3G and 4G service Article from the Daily Post (03/08/16) “Listen to our demand for signal coverage parity” Ecological Assessment Report Tree Survey Report to British Standard 5837: 2012 including an Arboricultural Impact Assessment, Method Statement and Tree Protection Plan
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1.7 The decision on this application was deferred at the Planning Committee meeting on 26/02/18 in order for the Committee to conduct a site inspection visit. Also, the applicant's response to some of the matters raised during the discussion at the Committee meeting was requested. Further information was received from the applicant's agent responding to the points raised. The information includes:
Maps showing the improvements to the services deriving from the development There would be substantial improvement to the 3G (mobile broadband) and 4G (super-fast broadband) provision This development is a part of a national scheme to improve the provision throughout rural Wales The target here is to improve the services in the built-up part of the village of Tregarth specifically, together with the main roads into and out of the village A map and a list of the 12 other options considered as sites for the development were provided, together with a table explaining the reasons why these were considered unsuitable It should be noted that, from a technical perspective, a limited area only could be reached from all basic station sites and landscape features such as trees, hills and buildings prevent the signal. In order to ensure the best possible improvement to the service, ideally, the development would be in the centre of the village but this site on the outskirts of the village was chosen in order to reduce the amenity effects. The developers believe that the chosen option is the best compromise in relation to ensuring the best improvement in the network while reducing the visual effect as much as possible On the whole, only telephoning and text messaging services are available in the village of Tregarth. This development would allow a super-fast mobile broadband service for the residents, businesses and tourists, in accordance with the objectives of Welsh Government Electricity to the site will be provided via underground wires and the land will be restored to its original condition Access to the site for the construction work would be gained from a temporary road which would be placed on the surface of the land and would be removed at the end of the development work. No permanent hard standing would be created. There would be no change to the flow of water on the site and there is no activity on the site which could pollute any watercourse No harm to trees is likely to derive from the development and the applicants are willing to comply with a planning condition involving tree protection.
1.8 The application was deferred for the second time at the Committee on 16/04/18 in order to hold a second site visit. In addition, correspondence was received from an objector, questioning the validity of the process of dealing with the application. The points below respond to the concerns raised:
A planning application was received in order to erect a 17.5m high telecommunications mast on this site by Gwynedd Council on 27 December, 2017. The application was assessed and it was deemed valid under the criteria noted in Welsh Government's Development Control Handbook.
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The application was registered as "Erect a 17.5m high telecommunications mast, including three antennae, two broadcast satellites, two equipment sheds and one measuring cabinet and associated work" - it is not believed that there is anything vague in this description. A 21 day consultation process (commencing 11/01/18) was undertaken, including a consultation with statutory consultees and local residents in accordance with the requirements of the Town and Country Planning (Development Control Procedure) Order (Wales) 2012 All responses to the consultation process (including any observations received after the formal consultation ended) were assessed and the Planning Officer's Report to the Committee on 26/02/18 notes the material planning matters and, in response to Questions from the Committee's Members, these were re-reported and expanded upon in the Officer's Report for the Planning Committee on 16/04/18. It should be noted that the proposed development is clearly shown within the three plans submitted for approval (Plan numbers 100, 201 and 301) and they are described in full within the development's description as shown on all correspondence presented in relation to the proposal. It is accepted that considerable background information has been submitted to support the application and this has been useful when drawing-up the recommendation, however, the nature of the development has been clear since the application has been received and all interested parties have had sufficient time to raise any concerns they may have. All concerns raised have been considered when dealing with the application and they are reflected in the Planning Officer's Reports. It should be noted that the Applicant is responsible for any procedural matters relating to pre-application matters, e.g. the process of site selection, prior consultations, etc. The information submitted by the applicants is assessed by the Local Planning Authority when making a decision on a planning application in the context of the adopted planning policies for the area and any other material considerations, including responses received to the consultation process. In this case, it is considered that sufficient information has been submitted to allow for a thorough evaluation of material planning matters, thus leading to a clear and unambiguous recommendation. This application was dealt with in a similar way to another planning application from the same applicants in Tanygrisiau, Blaenau Ffestiniog (Application Ref. C16/1450/03/HT). The Council's decision to approve that application was the subject of a request for a Judicial Review where it was found that the Local Planning Authority had dealt with the application in an appropriate way.
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 made in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Local Development Plan.
2.2 The Well-being of Future Generations Act (Wales) 2015 places a duty on the Council to take reasonable steps in exercising its functions to meet the seven well-being goals within the Act. This report has been prepared in consideration of the Council’s duty and the 'sustainable development principle', as set out in the 2015 Act. In reaching the recommendation, the Council has sought to ensure that the needs of the present are met without compromising the ability of future generations to meet their own needs.
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2.3 Anglesey and Gwynedd Joint Local Development Plan 2011-26 adopted 31 July 2017
PS 3: Information and Communications Technology PCYFF1: Development boundaries PCYFF 2: Development criteria PCYFF 3: Design and place shaping TRA4: Managing transport impacts AMG 2: Special Landscape Areas AT 1 : Conservation Area, World Heritage Sites and Landscapes, Registered Historic Parks and Gardens AT 3: Non-designated Heritage Assets that are of local or regional significance. AMG 5: Local Biodiversity Conservation
2.4 National Policies:
Planning Policy Wales Edition 9, 2016 Technical Advice Note 19: Telecommunications
A letter from the Welsh Government's Chief Planner dated 29.11.16 was published stating that Planning Policy Wales encourages local planning authorities to respond positively to telecommunication applications when taking into consideration the advice on safeguarding urban and rural areas. Such applications are part of the Government's framework to make the country a digital nation.
Technical Advice Note 19: Telecommunications
Technical Advice Note 24: The Historic Landscape
3. Relevant Planning History:
3.1 None
4. Consultations:
Community/Town Council: Not received
Transportation Unit: No objection
Footpaths Unit: Not received
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Biodiversity Unit: Comments The applicant should provide an Ecological Impact Assessment for the site. Further information is needed about the proposed access road A tree report needs to be provided in order to ensure that nearby trees are not harmed.
In response to a further consultation regarding the Ecological Assessment Report and Tree Survey Report submitted, the following response was received from the Biodiversity Unit. That there is a need to ensure the following: Fencing-off a hedge protection area before anything else An Environmental Building Control Plan must be submitted The mitigation measures in the Ecology report need to be strictly observed Details of the planting plan are needed
Welsh Water No objection
Natural Resources Wales No objection - observations for the applicant
CADW: No objection
Gwynedd Archaeological Comments Planning Service : It is not believed that the proposed development would have a detrimental impact on the Cytiau Parc Gelli (CN202) ancient monument. There is potential that archaeology from the most recent prehistoric period exists in the area; it, therefore, suggests a condition to ensure that an archaeological survey of the site be carried out before beginning the work of erecting the tower.
Snowdonia National Park: Not received
Public Protection Unit: Not received
Land Drainage Unit: Not received
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Public Consultation: A notice was posted on the site and neighbours were notified. The advertising period has ended and the observations below were received objecting to the proposal on the grounds of material planning matters: Concern about the possible impact on wildlife Detrimental visual impact Harm to the designated historic landscape Harmful impact on nearby ancient monuments Possible harm to nearby trees Harmful to the amenities of the users of the busy public footpath nearby The development could be detrimental to the historic fountain nearby, polluting the water flowing from it. The correct processes were not followed when dealing with the application.
In addition, the following observations were received in support of the application: Any harmful impact on local people will be minimal There would be an improvement to communication for the people of the area
The following observations were received; these are not material planning considerations: The applicant does not have the right of way to use the vehicular access shown on the plans Concern about the impact on the health of nearby residents Shortcomings in the consultation beforehand with neighbours That other sites had been dismissed because of their proximity to houses A sufficient 4G service already exists in the area Shortcomings in the information submitted with the application The tower would be too close to houses The tower should be moved to a more acceptable site The impact on private views Detrimental impact on the value of property in the area The need for the development has not been proved The documents submitted with the application are misleading The site is not suitable for a mast as it does not meet the criteria used by the applicant on other sites The application appears to have been submitted in a hurry after the other application was withdrawn and due care has not been given to details
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5. Assessment of the material planning considerations:
The principle of the development
5.1 It is a requirement that planning applications be determined in accordance with the adopted development plan, unless other material planning considerations state otherwise. The Gwynedd and Anglesey Joint Local Development Plan (LDP) is the adopted 'Development Plan' in this case. Policy PS 3 of the LDP supports provision of new facilities to extend or improve connectivity through communication technologies; therefore, the principle of the development meets the adopted strategy of the Local Development Plan.
5.2 The general requirements of Policy PS3 allows infrastructure proposals that seek to extend or improve connectivity through existing and emerging communication technologies and for those that are being developed i.e. high-speed broadband, mobile phones and development in all parts of the Plan area, subject to appropriate safeguards. Chapter 12 of Planning Policy Wales (Version 9, 2016) states that Welsh Government acknowledges that an affordable, secure and accessible telecommunications infrastructure over an extensive area is important for citizens and businesses throughout Wales, and it could be a way of promoting a thriving economy.
5.3 A declaration of Conformity with the ICNIPR requirements (International Commission on Non-Ionizing Radiation Protection) has been submitted as part of the application, which confirms that the development has been certified as complying with the ICNIRP guidances, namely the internationally recognised guidance for this type of development. A number of objections were received based on concern about the possible impact of the proposed development on the health of local residents. However, Planning Policy Wales states clearly that local planning authorities should not further consider any health impacts or the concerns about them when processing an application for planning permission or approval beforehand if the development satisfies the requirements of ICNIRP.
5.4 The points below are also relevant when considering the principle of the development, as they relate to planning considerations:
Local and national planning guidances and advice do not state that telecommunications masts must not be located within, or adjacent to, residential areas. Welsh Government has stated its support to updating and providing the next generation communication system throughout Wales and it expects Local Planning Authorities to determine planning applications for mobile infrastructure as soon as possible in order to ensure that there is no unnecessary delay in establishing such a network. By their nature, 3G or 4G signals cannot travel long distances and, therefore, locating masts and the associated equipment within or adjacent to residential areas is unavoidable. In accordance with statutory requirements, the applicant has submitted a list of 11 other sites in the area before deciding on this specific site and has disregarded them for various reasons, including technical matters, land ownership, and amenity impacts. Technical Advice Note 19: Telecommunications notes that local planning authorities should not attempt to duplicate the regulations of the health and safety system through the planning system. Enforcing health and safety legislation in this
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field is a matter for the Health and Safety Executive (HSE). Once a mast is in operation, if there is evidence or concern that the operator is not meeting its responsibilities in a specific case, the HSE may investigate and, if needed, enforce action.
Visual amenities
5.5 Policies PCYFF2 and PCYFF3 state that proposals should make the best use of land and ensure that no proposal would have a significant detrimental impact on health, safety or amenities of the occupants of local property, land uses or other property or the features of the local area due to an increase in activities, disturbance, noise or other forms of disturbance or pollution.
5.6 With this type of development, it is inevitable that the proposed structure will be partly visible from public places as it needs to be in a fairly open location to ensure that it works to its full capacity. Nevertheless, in this case, it is believed that the site's wooded location means that the tower would be fairly hidden from most public places. The nearby trees grow to a height of 15m and, therefore, only the tower's uppermost 3 - 4 metres will be visible from many viewing spots; and from other places, the tower is seen with a backdrop of trees, and will not, therefore, be visible in the landscape. The tower would be visible from the nearby public footpath but, again, because of its wooded setting, it is not believed that it would be visible to users of the path, especially when there are leaves on the trees. In addition, because of the form of the landscape, the orientation of the houses in the area, the wooded site and the tower's relatively small size, it is not believed that the facility will be a dominant or oppressive element in any private property.
5.7 It must also be borne in mind that a number of high, narrow towers already exist in the area, including a number of substantial trees, telegraph line poles, and a chain of electric pylons that cross the land toward the north between the site and the A55.
5.8 The tower would be a single narrow structure, and a condition could be imposed to ensure it is finished with an appropriate dark colour; in so doing, it is believed that the development will blend into the local environment in an acceptable way. In addition, it is not believed that the associated equipment, namely the cabinets and surrounding fence, will be prominent in the landscape and it is also possible, through a condition, to ensure a suitable colour for these.
5.9 In general, it is believed that the tower is unlikely to have any obvious long term impact on the visual amenities of the local area and the proposal is, therefore, believed to be acceptable under policies PCYFF 2 and PCYFF 4 of the LDP as they relate to the impact on the visual amenities of the local area.
5.10 Likewise, it is not believed that the development will have any significant impact on designated landscapes, such as the Special Landscape Area and the Dyffryn Ogwen Landscape of Outstanding Historic Interest and the development is, therefore, believed to be acceptable under the requirements of policies AMG 2 and AT 1 of the LDP.
General and residential amenities
5.11 Information has been submitted with the application that lists other sites near the village that were considered prior to deciding on this site. It is clear that these have been disregarded for various reasons including their likely detrimental impact on residential
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amenities, land ownership matters, shortcomings with the signal from the location, and other technical reasons. It is therefore acknowledged that an attempt has been made to identify other sites but that this has been identified as the most suitable for the proposal following the consideration of practical, technical and amenity matters.
5.12 Despite some public concern about the possible impact of the development on the health of local residents, it is not for the Local Planning Authority to consider the matters involving health and safety of such facilities since the applicant has confirmed that the development will conform with ICNIRP guidances.
5.13 It is believed to be unlikely that there will be any significant detrimental impacts on the amenities of local residents as a result of the development. This site is believed to be suitable in terms of its location and acceptable in terms of its impact on the area's general and residential amenities and that the proposal fully complies with the requirements of Policy PCYFF 2 and PCYFF3 of the LDP.
Transport and access matters
5.14 The Transportation Unit has not expressed any concerns about the access arrangements to the site and considering, once the facility becomes operational, that vehicular access to the site will be infrequently required, it is not believed that there are any concerns relating to compliance with the requirements of TRA 4 of the LDP.
Historic Heritage
5.15 CADW confirmed that the proposed development would not have a detrimental impact on any scheduled ancient monument. Nevertheless, the Gwynedd Archaeological Planning Service stated that there was potential that archaeology from the most recent prehistoric period existed in the area and, therefore, suggested a condition to ensure an archaeological survey of the site be carried out before the construction work begins. In imposing such a condition it is believed that the application meets the requirements of Policy AT 3 of the LDP.
Biodiversity Matters
5.16 The location of the application is not within any designated wildlife site and Natural Resources Wales confirmed that they do not anticipate any harm to Tyddyn Dicwm Fields SSSI which lie approximately 300m north east of the site.
5.17 Because the site of the development is unimproved agricultural land and that mature, native trees grow nearby, the biodiversity unit has requested an additional report about the impact on ecology and trees. Nonetheless, it is believed, because of the small footprint of the development and that the land does not have a designation relating to wildlife interest, that it will be possible to manage the ecological effects of the development in an acceptable way by imposing appropriate conditions to ensure a Construction Methods Statement before commencing the development and by imposing a condition to protect the trees and their roots. It is believed, in imposing such conditions, that the proposal is acceptable under policy AMG 5 of the LDP.
Response to the public consultation
5.18 Following a period of public consultation, a number of observations were received objecting to the proposal on the material planning grounds discussed above. In addition, a number of other matters were raised that are not considerations for the Local Planning
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Authority, especially involving health matters, and matters such as land ownership, the need for the development and the impact on views from private property. It is not believed that any of the objections raised were commensurate with a valid planning reason that justifies refusing this application.
6. Conclusions:
6.1 The applicant has responded in full to the points raised by members when the application was discussed previously and it is believed that this response, which is is summarised in 1.7 above, is comprehensive and explains the logic behind the proposal and shows that there are valid reasons for approving the development in this location.
6.2 Having considered the above, and all the material planning matters including the local and national policies and guidances, and all comments received, it is believed that this application to erect a telecommunications mast on this site is acceptable and that it does comply with the requirements of all the relevant policies as noted above.
7. Recommendation:
7.1 To approve the application subject to material planning conditions involving:
1. Time 2. Adheres to the plans 3. Remove the mast and associated equipment and restore the land should its use end. 4. An Environmental Construction Method Statement must be submitted before commencing the development. 5. Work on trees must not be undertaken unless previously agreed with the Local Planning Authority. 6. Condition regarding the colour of the mast and the antenna/satellite dish 7. Condition regarding the colour of the fence and cabinets 8. An archaeological survey must be undertaken before work commences 9. A hedge / tree protection area must be fenced-off before any other work is commenced on the site. 10. The recommendations in the Ecological Assessment Report must be strictly observed 11. A Planting Plan must be submitted and strictly observed.
Notes Advice about Protected species
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Number: 2
Application C17/0903/16/LL Number:
Date 15/09/2017 Registered:
Application Full - Planning Type:
Community: Llandygai
Ward: Tregarth and Mynydd Llandygai
Proposal: Creation of sacred healing acoustic research and enterprise centre including the erection of four new buildings, the formation of parking areas and erection of 2.3m high boundary wall (revised application to one previously withdrawn - C16/1158/16/LL)
Location: Carreg y Fedwen, Sling, Tregarth, Bangor, Gwynedd, LL57 4RP
Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:
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1. Description:
1.1 This is an application to create a new research centre for Carreg y Fedwen Cyf. community enterprise company. The centre will research the use of sound for body and mind healing. The site will consist of a main domed acoustic building connected, via a corridor, to an entrance building which will consist of a greeting area and office. There would be three further domed buildings, of a smaller size, designed to resonate with specific sound wavelengths.
1.2 The main building would be 6.4m high and 11.6 wide with the smaller domes 4.9m high with a diameter of 5.2m. The buildings would be of a timber construction with timber cladding over the domes and a living grass roof on the entrance building. The intention is to formalise the parking arrangements on site but not to increase the parking provision from the existing five spaces. The site would be surrounded by a 2.3m high wall of rendered hay bales.
1.3 The scale of the development was reduced during the consultation period and there was a re-consultation on the revised plans.
1.4 The site is in an isolated wooded area approximately 1km to the south west of the village of Tregarth on the slopes of Moel Yci. The site is in a Special Landscape Area as defined by the Gwynedd and Anglesey Local Development Plan.
1.5 The decision on this application was originally deferred at the Planning Committee meeting held on 15 January, 2018 in order for the Committee to hold a site visit. Unfortunately, due to poor weather, it was not possible to hold a site visit on the intended date (19/03/18) and, consequently, along with the fact that late information was received from the applicant, the Planning Committee decided on that day to defer determining the application again in order to provide another opportunity to visit the site and to give officers an opportunity to assess the information received.
1.6 The information received from this applicant includes a detailed explanation of the nature of the proposed development, which includes a change in the proposal's description to "Office, Multi-purpose Room and Research Facility" in line with the Design and Access Statement submitted.
1.7 The applicant explains that there would be three elements to the facility: 1. Office. 2. A multi-purpose room (the main dormer) - to be used to play and record acoustic instruments and voices to test their effects on human health. The building has been designed to provide high quality sound and it has mitigating measures so that the sound will not be heard from the outside. 3. Three small dormers designed to resonate with specific frequencies.
1.8 It is proposed that the individual buildings would be "tuned" so that the impact of any frequency is maximised. It is hoped to provide architectural models that could be recreated to be installed in the existing buildings. This could be done either by building appropriate units in a manufacturing unit off site, or by offering advisory services to developers.
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1.9 There is no intention to treat patients on site - it is proposed to carry out research to understand, model and test the efficiency of acoustic features.
1.10 It was also confirmed that the venture was collaborating with a range of partners at scientific organisations, with the intention of becoming leaders in the field of the health effects of noise.
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 made in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Gwynedd and Anglesey Local Development Plan.
2.2 Under the Well-being of Future Generations (Wales) Act 2015 the Council has a duty not only to carry out sustainable development, but also to take reasonable steps in exercising its functions to meet its sustainable development (or well-being) objectives. This report has been prepared in consideration of the Council’s duty and the 'sustainable development principle', as set out in the 2015 Act, and in making the recommendation the Council has sought to ensure that the needs of the present are met without compromising the ability of future generations to meet their own needs. It is considered that there would be no significant or unacceptable impact upon the achievement of well-being objectives as a result of the proposed recommendation.
2.3 Gwynedd and Anglesey Joint Local Development Plan. (July 2017) (as amended by the Inspector’s Report, 30 June 2017)
PS 13: PROVIDING OPPORTUNITIES FOR A PROSPEROUS ECONOMY PCYFF 2: DEVELOPMENT CRITERIA PCYFF 3: DESIGN AND PLACE SHAPING PCYFF 4 : DESIGN AND LANDSCAPING TRA 2: PARKING STANDARDS TRA 4: MANAGING TRANSPORT IMPACTS AMG 2: AREAS OF SPECIAL LANDSCAPE CYF 6 : RE-USE AND ADAPT RURAL BUILDINGS OR A RESIDENTIAL UNIT FOR BUSINESS USE OR CONSTRUCT NEW UNITS FOR BUSINESS/INDUSTRY
2.4 National Policies:
Planning Policy Wales, Edition 9, November 2016.
3. Relevant Planning History:
C16/1158/16/LL: CREATION OF SACRED HEALING ACOUSTIC RESEARCH AND ENTERPRISE CENTRE INCLUDING THE ERECTION OF FOUR NEW BUILDINGS, THE FORMATION OF PARKING AREAS AND ERECTION OF A 2.3M HIGH BOUNDARY WALL - withdrawn 28/11/16
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C08A/0631/16/LL: ERECTION OF A NEW GREENHOUSE AND CREATION OF A NEW ACCESS ROAD, CREATING A POND, RETAIN A POLYTUNNEL AND HARDSTANDING AREA (RETROSPECTIVE) - Approved 25/11/08
C03A/0646/16/LL: LEVEL PART OF THE LAND TO CREATE A CAR PARKING AND TURNING AREA (RETROSPECTIVE) AND ERECT A POLYTUNNEL BUILDING (Approved 20/11/03)
4. Consultations
Community/Town Objection - the structures would be too high and Council: unsuitable for the site and the access road would not be able to cope with the increase in traffic
Transportation Unit: P
Footpaths Unit: Footpath number 59 must be safeguarded during and after the development
Biodiversity Unit: It is possible that birds nest on the site; a condition is, therefore, needed to ensure that any clearance of overgrowth must be undertaken outside the nesting season
Natural Resources No objection - Standard observations for the Wales: developer.
Welsh Water : No observations to offer
Public Protection Unit :. No objection subject to appropriate conditions relating to noise control
CADW : No objection
Gwynedd Not received Archaeological Planning Service :
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Public Consultation: A notice was posted on the site and in the press, and neighbours were informed. The advertising period has ended and the observations below were received objecting to the proposal on the grounds of material planning matters : Concern about the safety of the highway that leads to the site The current use of the site is too intensive and already creates traffic problems Concern about the possible effects the noise generated would have on the health of local residents and animals It is not a brownfield site - it used to be a wholesale plant nursery The buildings would be highly visible from public areas and would be detrimental to the rural landscape Concern about the impact on wildlife The design of the development is not in- keeping with local architecture The development is not in a sustainable location Concern regarding water drainage from the site The risk to pedestrians and cyclists on the entrance road will increase
The objections below were also received; these are not material planning matters: The information submitted with this application is different from what was submitted with the withdrawn application Doubt about Bangor University and the NHS's commitment to the plan Concern that Himalayan Balsam is present on the site The application does not correspond to the information provided in pre-planning consultations Consideration should be given to building the facility in a more suitable location, possibly closer to Bangor The pre-planning consultation was insufficient The site design is incorrect The application does not conform to the previous application Concern that identifying the site as "sacred" would mean that the site would be exempt from council tax It would be possible to use the buildings for residential use in future
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Confirmation from the Dean of the College of Health and Behavioural Sciences, Bangor University that he was not aware of any research links between this initiative and the University (discussions had been held in the past but no formal agreement was established).
5. Material Planning Considerations:
Location, Design and Visual Effect
The principle of the development
5.1 Strategic Policy PS13 of the LDP aims to provide opportunities for facilitating economic growth by: "Supporting economic prosperity and the sustainability of rural communities by facilitating appropriately scaled growth of rural enterprises, the extension of existing businesses and diversification by supporting the re-use of existing buildings, the development of ‘live and work’ units, working from home, and by encouraging the provision of sites and premises in appropriate accessible locations consistent with the Plan’s Spatial Strategy and in line with Strategic Policies PS5 and PS6"
5.2 Essentially, this is an application for a small new rural enterprise that would offer employment opportunities for between two and five people (a number of whom already live close to the site). It would also provide the opportunity to diversify the local rural economy and would be a means of using the previously used site for business purposes. For these reasons, it is believed that the principle of the proposal meets with the aims of Policy PS 13.
5.3 In addition, Policy CYF 6 of the LDP encourages the approval of applications for new business units in rural areas if two criteria can be met: “1. That the scale and nature of the development is acceptable given its location and size of the building in question; 2. That the development would not lead to a use that conflicts with nearby uses or has an impact on the viability of similar uses nearby."
5.4 The site of this application is in an isolated position in a mixed woodland and it is believed that the buildings, because of their size and materials, would be in-keeping with their site as they would be hidden from distant viewpoints. They would be visible to those travelling along the nearby rights of way but it is not believed that their impact would be any more detrimental than the poly-tunnel that is currently on site, or the existing timber building nearby.
5.5 In terms of general intervention, it was confirmed that there would be two members of staff on the site initially (possibly increasing to five, eventually), with the numbers of customers in the "low single numbers" at any given time. From this low level activity, no significant harm is expected on the quality of life of nearby residents; it is therefore, believed, that the proposal is of an acceptable nature and scale for the location and that it is, therefore, in-keeping with Criterion 1 of Policy CYF 6.
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5.6 Because of the nature and location of the proposed development, it is believed that the development would neither lead to conflict with use of nearby land, nor would it impact the viability of any other enterprise. It is therefore considered that the proposal complies with Criterion 2 of Policy CYF 6.
Visual amenities
5.7 The site lies within a Special Landscape Area (SLA) and, as such, policy AMG 2 of the LDP is a material consideration. The policy requires that appropriate consideration be given to the scale of the development, ensuring that it will not have a substantial detrimental impact on the landscape. It also states that proposals should give due attention to the relevant "Statement of Value and Significance". In this case, the site is within ATA 7 "North-western Fringes of Snowdonia" and the Statement explains the importance of this landscape as a 'buffer' around the National Park, which improves and safeguards its setting, and allows gradual transformation from the protected landscape to the rural lands on the outskirts.
5.8 Considering the relatively small scale of this development along with the fact that the materials would be in-keeping with its woodland location, it is not believed that the development would have a significant detrimental impact on the wider landscape. It is believed that the screening offered by the land formation and existing vegetation would be sufficient to satisfactorily screen the site and that the site would blend into the landscape in accordance with the aims of policy PCYFF 4 relating to Design and Landscaping.
5.9 Given the above, it is considered that the proposal is acceptable under the requirements of policy AMG 2 of the LDP.
General and residential amenities
5.10 Policies PCYFF 2 and PCYFF 3 of the LDP relate to these matters. It appears that there are three existing dwellings near the site (including the applicant's dwelling) and no observations were received from the residents of the other two dwellings during the consultation period. Because of its distance from other dwellings, it is not believed that any significant harm would derive from the site in terms of matters such as overlooking or shadowing, and it is believed that the impact on amenities stemming from the development would, in general, be in accordance with the requirements of PCYFF 2 and PCYFF 3. Nevertheless, local residents raised concerns about the possible impact of the noise generated from activities at the facility. A response from the Public Protection Service to these concerns is expected and the matter will be reported further at the Committee.
Transport and access matters
5.11 The agent suggests that the worst case scenario would be that five vehicles would arrive at the site at the same time and, acknowledging that the scale of the development is quite small, and that there would be a number of passing places along the county road that serves the site, the Transportation Unit did not object to the application. The parking and access arrangement is acceptable to the Unit and, therefore, it is considered that the development is in-keeping with the requirements of policies TRA 2 and TRA 4 as they relate to parking and highways safety.
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Response to the public consultation
5.12 The above assessment has given full consideration to the objections received in response to the public consultation, and it is not considered that any material planning objections have been submitted that outweigh the relevant planning policies noted in the assessment. It is, therefore, believed that there is no reason why the Council should not support this application to contribute towards delivering the objectives of the Local Development Plan insofar as it relates to the diversification of the rural economy.
6. Conclusions:
6.1 As a result of the above assessment, it is not considered that the proposal is contrary to any material planning policy within the LDP and that the proposed development is an appropriate use of such a site and it is, therefore, acceptable in principle. Consideration was given to all material issues raised during the consultation process and it is not believed that the proposal is likely to cause any unacceptable detrimental impact in relation to relevant planning policies. None of the new information submitted by the applicant changes the recommendation.
7. Recommendation:
7.1 To approve the application subject to material planning conditions involving:
1. The commencement time of the development 2. In full accordance with the plans 3. Materials 4. Biodiversity Condition 5. The parking provision must be completed before the site can be operational 6. Regulation of hours of operation - 09:00 - 17:00 Monday to Saturday 7. Noise control measures must be submitted and agreed upon before the resource is operational. 8. Condition to restrict the level of noise that could reach the nearest residential property.
Notes: Welsh Water Natural Resources Wales Footpaths Unit
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Number: 3
Application C17/1094/36/LL Number: Date 22/11/2017 Registered: Application Full - Planning Type: Community: Dolbenmaen Ward: Dolbenmaen
Proposal: Change of use from public house to dwelling house.
Location: The Cross Foxes, Garndolbenmaen, Gwynedd, LL519TX
Summary of the TO APPROVE WITH CONDITIONS Recommendation:
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1. Description:
1.1 This application was deferred at the 16 April 2018 committee in order to ask representatives of the Garndolbenmaen Community Group to submit further information in the form of a realistic financial package for the proposal, including evidence of a reasonable financial offer to purchase the property.
1.2 Since this decision to defer, the application is now the subject of a formal appeal to the Planning Inspectorate regarding a lack of decision within the specified timetable.
It is noted here that there is a formal procedure to deal with an appeal regarding a lack of decision. Relevant regulations within Planning Legislation note the following:
For Planning appeals where an appeal has been made regarding the Local Planning Authority's failure to come to a decision on the application within the specified period, there is a period of four weeks from the receipt of the appeal where a Local Planning Authority has an opportunity to continue to determine the application.
In this case, the appeal was submitted to the Planning Inspectorate on 18 April and four weeks from this date takes us to 16 May, namely two days after the Planning Committee meeting.
1.3 Members are reminded that this application was also deferred at the Planning Committee dated 26 February 2018 in order to give a local community group the opportunity to submit evidence of their intention to purchase the building in order to keep its use as a public house. Following the above deferral, the group was asked, via e-mail on 27 February, to submit the following information:
Firm information/evidence is needed about the purchase arrangements including information/evidence of: A public meeting Registering as a charity Business plan Work programme Any offer
1.4 As a result of this request for information, further information was received in order to assess the application in accordance with the recommendation of the Planning Committee. These matters are discussed further on in this report.
1.5 A full application for the change of use from public house to one dwelling house at Cross Foxes, Garndolbenmaen. The existing building provides a public house facility on the ground floor and a living unit on the first floor. The proposal as shown would involve making minor internal changes to create one living unit within the building. For clarity, the existing internal arrangement and proposed changes are as follows:
Present: Ground floor - two bar areas, kitchen, toilets, storage First floor - lounge, kitchen, study, bathroom, two bedrooms
Proposed: Ground floor - lounge, dining room, kitchen, storage, toilet, utility room
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First floor - lounge, kitchen, study, bathroom, three bedrooms
1.6 No changes would be made to the external structure, other than the removal of the existing sign. The building ceased to be used as a public house in March 2017. According to the applicant, this is briefly the history of the building during her ownership:
The Cross Foxes was bought in April 2007 and was run as a public house until the end of March 2017. The public house was initially put on the market in May 2011 with a national agent The agent was changed in 2013 to another national agent In 2014, they reverted to the original agent, who still works on their behalf The building has been marketed on the website of a specialist sales company, Sidney Phillips, who often sells public houses in Gwynedd; and in publications such as Daltons Weekly and Morning Advertiser It is claimed that local residents are aware that the business is for sale, no one visited the building as a result of the marketing A website was set up, leaflets were produced, a brown tourism sign was purchased and installed at the junction to the village on the nearby highway The different offers and activities held in conjunction with the business were also noted
1.7 The building is located in a fairly prominent site at the centre of Garndolbenmaen. A car park and beer garden are to the rear of the building with the entrance to the side. The whole site is within the development boundary of the village of Garndolbenmaen, and the National Park boundary is directly opposite the public road that runs past the front of the building. It is surrounded by a mixture of buildings in terms of size and appearance as well as use, but the majority are residential.
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 made in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Local Development Plan.
2.2 The Well-being of Future Generations Act (Wales) 2015 places a duty on the Council to take reasonable steps in exercising its functions to meet the seven well-being goals within the Act. This report has been prepared in consideration of the Council’s duty and the 'sustainable development principle', as set out in the 2015 Act. In reaching the recommendation, the Council has sought to ensure that the needs of the present are met without compromising the ability of future generations to meet their own needs.
2.3 Anglesey and Gwynedd Joint Local Development Plan 2011-26 adopted 31 July 2017
ISA 2: Community Facilities TRA 2: Parking Standards TRA 4: Managing transport impacts PCYFF 1: Development Boundaries PCYFF 2: Development criteria MAN 4: Safeguarding shops and pubs in villages
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PS 16: Housing Provision PS 17: Settlement Strategy TAI 4: Housing in Local, Rural and Coastal Villages
2.4 National Policies:
Planning Policy Wales, Edition 9 (2016)
3. Relevant Planning History:
3.1 C06D/0500/36/LL - change of use of public house to residential house - refused 01.11.06
C04D/0294/36/LL - change of use of public house to residential house - refused 20.08.04
4. Consultations:
Community/Town Object, in order to give time to purchase it and retain it Council: as a village resource
Transportation Unit: No observations
Natural Resources No objection Wales:
Welsh Water: Standard advice
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Public Consultation: A notice was posted on the site and nearby residents were notified. The advertisement period has expired and several letters/correspondences were received as well as a petition, objecting on the following grounds:
It would be contrary to local and national policies Loss of community resource There is a local campaign to purchase it It brings economic benefit No other similar resources nearby Detrimental impact on the Welsh language The business could be viable General detrimental impact on the area Sale price too high No local marketing Shop and post office already closed Lack of consultation on the planning application Historical applications have been refused
As well as the above objections, objections were received that were not material planning objections and these included:
Fall in house prices Detrimental impact on existing holiday accommodation businesses
5. Assessment of the material planning considerations:
The principle of the development
5.1 As a starting point to assess the principle of this application, policy ISA 2: Community Facilities of the Local Development Plan, must be considered. The policy aims to protect existing facilities and encourage the development of new facilities where appropriate. For the purpose of the policy, community facilities are defined as facilities used by local communities for the health, leisure, social and educational purposes and they include schools, libraries, leisure centres, health care provisions, theatres, village halls, cemeteries, places of worship, public houses and any other facility that provides a service for the community.
5.2 The policy states that change of use of a community facility should be withstood unless it is possible to comply with one of three options. Part iii. is relevant in this case, as it involves a facility that is commercially run, and evidence of the following must be presented:
That the current use has ceased to be financially viable The fact that the public house has closed suggests that the use as a public house is not viable. Information submitted with the application from an accountancy firm confirms a decline in the turnover of the business over a number of years. It must be noted that this reflects national trends where a high number of public
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houses are closing due to a lack of custom and/or profitability. On this basis, it is deemed reasonable to consider the use to be inviable.
That it could not reasonable be expected to become financially viable Information submitted states that the chances of this property reopening as a public house are very slight considering the current national trend; namely, that four public houses close every week; and despite marketing through sellers specialising in this type of business, and despite reducing the price, no interest was expressed and no offers were received. It is noted that an attempt was made to present special offers and evenings in an attempt to attract business, that a website was created, leaflets published and a brown sign placed on the highway to try to attract customers. Considering the arguments and the fact that the building has been empty for some time despite an attempt to sell it since 2011, it can be accepted that it is unlikely that the use as a public house can be viably reinstated. Observations received claim that the way the business was run deliberately affected the business; but whatever the current owner's behaviour or business experience, it is very possible that the size of the population of Garndolbenmaen and catchment area is insufficient to maintain a business of this type at a time of financial constraint throughout the year.
That no other community use can be established The building has been marketed but the seller does not propose to create another community use in its place. It appears that no interest was expressed whilst the building was on the market and no offers were received. The information submitted states that losing the public house would neither deprive nor affect the community in its entirety as there is convenient access to the nearby village hall that already hosts activities such as parties, and so on.
That there is evidence of genuine attempts to market the facility, which have been unsuccessful The information shows that the estate agent has tried to market the property as a public house but that efforts had proved to be unsuccessful. Confirmation of the public house's marketing details can be found in the information submitted with the application. It appears that the owner bought the property early in 2007 and had later instructed a specialist company to market the building in 2011 to be sold. It shows that the owner turned to another company in 2013 to market it at a lower price than the original price. It can be seen that this owner had returned to the original estate agent that again marketed it at a lower price than the original price and the second price. The property remains on this company's web site and has been included in specialist seller publications such as Daltons Weekly and Morning Advertiser. The applicant has stated that she had begun to inform the patrons of the public house approximately two years before it closed that the business was not viable and that they were considering selling but that no interest had been shown directly to the owners of an intention to try to buy it. It, therefore, appears, despite the marketing undertaken, that there was a lack of interest in retaining the use as a public house.
5.3 Having weighed up the evidence submitted against policy ISA 2 and the fact that it is highly unlikely, based on the information to hand, that the building's use as a public house will be reinstated on account of the costs and nature of the community, it is believed that justification has been shown for the change of use. Bringing a disused building back to appropriate use is encouraged, especially in a fairly prominent site at the centre of Garndolbenmaen and in an area with a mostly residential character.
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5.4 An observation was received from the Economic Development service based on the information submitted with the application, which stated that a rural public house business faced a number of such challenges and that they had assessed the information submitted and that it confirmed that it was not viable in its current form.
5.5 The Joint Planning Policy Unit, in its response to the consultation on the application, states that the main policy that should be considered in this case is Policy MAN 4, as it involves the safeguarding of shops and public houses in villages and provides guidance on the material considerations for this type of proposal. This policy states that proposals to change the use of a public house in a village should be refused unless a similar service is available within a reasonable walking distance and that the Local Planning Authority must be satisfied by demonstrating that the use is no longer financially viable, through placing it on the market for a reasonable sale or rental price. The Policy Unit states that it is clear in the case of Garndolbenmaen, that there is no other public house within reasonable walking distance and that the proposal must, therefore, be considered in the context of the second criterion, namely, that the unit has been empty for an extended period and that it has been marketed for a reasonable price for a continuous period of 12 months. From the evidence submitted with the application, it is believed that the policy's material requirements have been adhered to, namely the information relating to marketing the building as a pub since 2011 and that there is justification for changing the use in this case, as explained above.
5.6 There is no specific policy for converting buildings within Local, Rural and Coastal Villages into residential houses. However, Strategic Policy PS 17: Settlement Strategy provides guidance on the way housing developments are expected to be distributed based on the level of service provision, the size and capacity of the settlement. In terms of a village such as Garndolbenmaen, the site is expected to be within the development boundary and be of a size, scale, type and design that is in-keeping with the character of the settlement. Although this application does not consist of a new development, it could be argued that it is a semi-windfall site within a development boundary and is, therefore, also acceptable from the material aspects of policies TAI 4, PS 16 and PCYFF 1. Since the proposal involves converting a public house into one house, negotiating an affordable provision will not be required in this case as, in truth, it is an extension to an existing residential unit (the flat) rather than the creation of a brand new living unit. Since the top floors of the building have been used for residential purposes for a number of years, the change from the previous situation to this situation would not be significant . It is, therefore, considered that the principle of changing the public house use to a residential house meets the aim of the strategy and brings a partly disused building back to full and appropriate use in the neighbourhood.
Visual amenities
5.7 Other than removing the sign, there is no intention to carry out any external changes to the building; therefore, it is not believed that there would be any visual harm to the amenities of the area as a result of this use and, consequently, it is considered to be acceptable from the point of view of this element.
General and residential amenities
5.8 It could be argued that changing the use from a public house to a residential house would be an improvement, in terms of considering the impact on the amenities of nearby residents and the general amenities of the area. There would be less disruption and less coming and going from residential use and less traffic. The proposal is,
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therefore, believed to be acceptable in terms of this aspect and meets the relevant requirements of policy PCYFF 2.
Transport and access matters
5.9 The existing vehicular access to the site is past the gable end of the building that leads to a private car park that is at the rear. A class three county road runs past the front of the site. The Transportation Unit is satisfied with the application and on the grounds of these observations and considering the less intensive residential nature of the building compared with the commercial use as a public house, it is believed that the application satisfies the relevant requirements of policies TRA 2 and TRA 4.
Relevant Planning History
5.10 It is acknowledged that two previous applications were submitted and refused for the exact same proposal to convert this public house into a residential house. Firstly, both these applications date back over ten years at a time when another Development Plan and policies existed. Nevertheless, both applications were refused on the grounds of non-compliance with a policy that protected public houses. What is seen from this planning history is that insufficient evidence was submitted to justify the change on both occasions and, therefore, it is believed that consideration was given at these specific times to the lack of information as submitted.
Response to the public consultation
5.11 As previously referred to, observations/objections to the proposal had been received from local residents and a petition objecting to the proposal which raised a number of matters relating to the proposed development and recent history of the business.
5.12 The relevant matters are too numerous to consider one by one, but it is considered that these matters have received thorough consideration in the above assessment.
5.13 Matters that can be considered as material planning matters are quite specific, consideration is not given to all the matters raised in the observations such as houses losing value, detrimental impact on holiday accommodation businesses, etc. as they are not material according to planning legislation.
The Response of the Garndolbenmaen Community Group
5.14 The following was received in response to a request for further information in relation to the proposal to develop the Cross Foxes public house as a community asset:
Business plan Details of a public meeting including a petition filled in by those who attended the meeting in support of the proposal Details of contact with relevant groups, organisations and individuals regarding the proposal Information regarding past community activities The group background and membership
5.15 It is acknowledged that, in accordance with the request for further information as a result of the committee's deferral, that information had been submitted by the Garndolbenmaen Community Group. What needs to be assessed is whether the
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information as submitted is sufficient as firm evidence to show that the proposal can actually be achieved.
5.16 There is no doubt that the Group's intentions are well-meaning, but the Planning Authority must determine the application based on current policies at the time the application is submitted and within a specified amount of time. An application cannot be refused based on a third party desire rather than a genuine plan which can be realised; that is, a decision cannot be kept open until such a desire is realised. The Business Plan is very ambitious, which should be praised, but a plan that would provide a public house, restaurant, café, self-catering accommodation, bunkhouse, post office, tourist information centre, library, access to computers and free wi-fi, will involve a substantial investment and a considerable amount of time to realise.
5.17 The information submitted refers to general background and information about the current situation, the history of the site and the group's future aspirations. Though what is said is praiseworthy in terms of the desire of a local community to take control and create a community asset, there is no indisputable evidence that this will happen in the near future. This Planning application has been submitted and a decision must be made on it; the owner has the right to submit such an application and expect a decision on it either within the statutory period or by agreement thereafter. An application cannot be kept open until external matters have been resolved and, therefore, though the information submitted outlines the group's desire, it is not believed that this is sufficient in this case to overturn the Planning Authority's original recommendation to approve the application to convert the public house into a residential house.
6. Conclusions:
6.1 It is believed that sufficient evidence has been submitted to prove that the use as a public house is not viable and although reference has been made in observations received to the intention to attempt to buy it locally, there is no strong evidence to suggest that the use would be likely to be reinstated in the near future. It is, therefore, believed that in this instance there is justification for the proposed change of use. Considering the above and having considered all material planning matters, including local and national policies and guidance and all the observations received, including those of the Economic Development and Joint Planning Policy Unit, it is not believed that this application is unacceptable and that it, consequently, complies with the relevant requirements of the policies as noted above.
7. Appeal Matters regarding a Lack of Decision on the application within a specified timescale
As previously explained, an appeal has been submitted to the Planning Inspectorate regarding a lack of decision on the application within a specified timescale. Despite this, it is possible for the local Planning Authority to be granted a one month period since the receipt of the appeal in order to determine the application. This period comes to an end on 16 May 2018 and therefore, the Committee is entitled to determine this application today.
Officers' recommendation on this application is clear and has been noted in paragraph 8 below. However, it must be noted that there are options open to the Committee and these are noted below starting with the option that poses the lowest risk:
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1. To approve the application in accordance with officers' original recommendation which has been noted in paragraph 8 below.
This would mean that the appeal would come to an end with no further action and would avoid costs to the Council.
2. To refuse the application for a valid planning reason/reasons contrary to the officers’ recommendation.
The Committee would be required to note a valid planning reason/reasons for the refusal. This would mean that the appeal would automatically transfer to become an appeal for refusal and continue to be determined by the Planning Inspectorate. The appeal would focus on the relevant reason/reasons for refusing. The applicant has noted in the appeal documents that there is an intention to make an application for costs. Refusing the application would involve a risk of costs against the Council and it is likely that the risk would increase with the number of reasons for refusal that are offered. It is believed that there is a real risk of costs against the Council in the case as there is no robust evidence to support refusal.
3. To refuse to determine the application.
The Committee can refuse to determine the application which would mean that the appeal regarding a lack of decision would continue to be determined by the Planning Inspectorate. In these circumstances and in order to enable officers to deal with the appeal, the Committee is requested to confirm its stance on the application and to authorise officers to submit the appeal case on behalf of the Council. The applicant has noted in the appeal documents that there is an intention to make an application for costs. Refusing to determine the application would involve a high risk of costs against the Council and it is likely that the risk would increase if there is no valid planning reason for refusing to determine the application. Reference should be made to a relatively recent similar case in Menai Marina, Felinheli - where an appeal was submitted for a lack of decision by the Committee on the application and where the appeal's Inspector approved the application and also granted costs against the Council stating that the 'Council has unnecessarily delayed the determination of the application, which led to the Appellant submitting an appeal...I am of the opinion that unreasonable behaviour was displayed...therefore, the ruling of full costs is justified'.
8. Recommendation:
8.1 On the above grounds, the recommendation is to approve the application (namely, option 7.1 above) with conditions:
1. Time 2. Comply with plans 3. Removal of permitted development rights
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Number: 4
Application C17/1011/24/LL Number: Date 18/10/2017 Registered: Application Full - Planning Type: Community: Llanwnda Ward: Llanwnda
Proposal: Full application for the construction of 4 two-storey dwellings to replace four previously approved bungalows
Location: Fron Deg Site, Rhostryfan, Caernarfon, Gwynedd, LL54 7NU
Summary of the TO APPROVE WITH CONDITIONS Recommendation:
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1. Description:
1.1 Full application for the construction of 4 two-storey dwellings to replace four previously approved bungalows within an existing residential estate in the centre of the village of Rhostryfan.
1.2 The application site is an empty section of land within a larger residential estate that is partly developed. The land is located within the development boundary of Rhostryfan village and within a built up area, which mainly consists of residential dwellings in the form of individual, terraced and semi-detached houses, the design and size of nearby houses varies including single and two-storey dwellings. The site has an existing access off the nearby public road with a standard estate road leading to the housing estate. The level of the land rises from the access road towards the highest part of the estate itself.
1.3 The proposed buildings are referred to as types A and B and consists of the following:
Type A: Ground floor - internal porch, toilet, open-plan dining/kitchen/living room First floor - two bedrooms, bathroom The total internal floor area of the house would measure 62m2
Type B: Ground floor - internal porch, toilet, open-plan living/dining room, kitchen First floor - two bedrooms, bathroom The total internal floor area of the house would measure 82m2 Additionally, it is proposed to include individual gardens to the rear of the houses and parking spaces on the sides
Externally, the buildings are to be finished with a natural slate roof and rendered walls including natural stone features.
1.4 The application has been amended from the original submission by increasing the parking spaces to include one additional space for each individual house.
1.5 Note that formal discussions have been held regarding this proposal through the service's pre-application procedure. These matters are specifically addressed further on in this report.
1.6 The application submitted to committee following receipt of more than three objections to the proposal in the public consultation.
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 made in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Local Development Plan.
2.2 The Well-being of Future Generations Act (Wales) 2015 places a duty on the Council to take reasonable steps in exercising its functions to meet the seven well-being goals within the Act. This report has been prepared in consideration of the Council’s duty and the 'sustainable development principle', as set out in the 2015 Act. In reaching the
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recommendation, the Council has sought to ensure that the needs of the present are met without compromising the ability of future generations to meet their own needs.
2.3 Anglesey and Gwynedd Joint Local Development Plan 2011-26 adopted 31 July 2017
PS 1 - The Welsh Language and Culture
ISA 1 - Infrastructure Provision
TRA 2 - Parking standards
TRA 4 - Managing transport impacts
PS 5 - Sustainable developments
PCYFF 1 - Development boundaries
PCYFF 2 - Development Criteria
PCYFF 3 - Design and Place Shaping
TAI 4 - Housing in Local, Rural and Coastal Villages
TAI 8 - An appropriate mix of housing
TAI 15 - Affordable housing
2.4 National Policies:
Planning Policy Wales Edition 9, 2016
Technical Advice Note 12: Design
3. Relevant Planning History:
3.1 There is extensive planning history related to this site in the form of historical applications for residential development in addition to recent applications relating to individual houses that have already been constructed within the estate. It is believed that the following are the most relevant in this case:
Application C06A/0786/24/LL – revised application to application C03A/0816/24/MG for 17 two-storey houses – refused 08.02.07 Application C03A/0816/24/MG - Erection of 18 dwellings (reserved matters under application C00A/0625/24/AM) approved 09.06.04. Application C00A/0625/24/AM – Residential development and new access (renewal of outline application C97A/0587/24/AM) approved 08.01.01 Application C97A/0597/24/AM - Residential development and new access (renewal of outline application 3/24/377) approved 11.12.97
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4. Consultations:
Community/Town Refuse on grounds of local concerns that the houses would Council: obstruct the natural light enjoyed by the existing houses on the Fron Deg site.
Transportation Unit: Need two parking spaces for each house. After amending plans to include additional spaces, the service no longer objects to the proposal and it is suggested that standard conditions be included.
Housing Strategic The plan addresses the need in the area, it is noted that there Unit: is a higher demand for two-storey houses but demand also remains for bungalows. It is noted that this application does not propose any affordable provision.
Welsh Water: No objection, suggest including standard advice regarding issues of drainage
Public Protection Not received Unit:
Land Drainage Suggest undertaking a flood impact assessment due to Unit: flooding impacts in the past. Further information was received regarding flood prevention work and consequently it is believed that this will lead to an improvement, it is not believed that there is a sufficient reason to refuse the application.
Public Consultation: A notice was posted on the site and nearby residents were notified. The advertisement period has expired and several letters / correspondences have been received objecting on the following grounds:
Existing parking problems/shortage of parking spaces A history of flooding on the estate Loss of light Detrimental impact on the amenities of nearby residents and general amenities in the nearby area No demand for two-storey houses, need single- storey houses Overlooking Previous application for the same thing was refused Misleading information Inadequate sunlight analysis Lack of consultation
As well as the above objections were received that were not material planning objections and these included:
Loss of view
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5. Assessment of the material planning considerations:
The principle of the development
5.1 The relevant planning history of this site is crucial to consider when making a decision on this current application. Planning permission has been granted to develop the site for residential use, the site has been partly developed and the majority of houses approved have now been constructed. This means that the remainder of the development that was not commenced at the same time remains 'live' and no further permission will be needed to construct the four bungalows originally proposed for the site of this current application.
5.2 Policy PCYFF 1 is relevant in this case as the policy requirements state that proposals will be approved within development boundaries in accordance with other policies and proposals in the LDP.
5.3 A Welsh Language Statement is usually requested through policy PS 1 when proposed developments belong to specific categories. In this case, it is not believed there is any need for a Language Statement under criterion 1b of the policy (residential developments) as the proposal does not involve adding to the number of houses that have already been approved and the number that could be erected without requiring further permission.
5.4 Policy TAI 4 approves proposals for open market housing in local villages (subject to the requirements of Policy TAI 15 regarding the provision of affordable housing). The village of Rhostryfan (according to Appendix 5 of the LDP) has exceeded its indicative supply of new windfall housing (partly because of the development of this entire site), however, as this site is within the development boundary and because it does not propose any additional number of houses to that which has been approved and may be lawfully erected, it is believed that the proposal is acceptable and is in accordance with this policy.
5.5 In terms of affordable housing, again, as this current proposal does not involve adding any new houses to the number that has already been approved and may be lawfully erected without further consent, it is not believed that in this case, there is any justification to ask for an element of affordability and therefore it is not believed that the proposal is unacceptable in terms of TAI 15 policy requirements.
5.6 Policy TAI 8 notes that an appropriate mix of housing should be ensured within new residential developments. In this case, it is intended to construct 4 two-storey houses to replace the four bungalows that were originally proposed. It is accepted there are mainly two-storey houses on the estate, but it is also seen that smaller houses have also been built, it is therefore believed that there is already a mix of housing on the site. The Council’s Strategic Housing Unit notes that there is greater demand for two-storey housing in the area, although there is also sufficient demand for single-storey housing. Nevertheless, it is believed that this current proposal is acceptable and that it responds to the specific demand for two-storey dwellings in the area as has been confirmed.
Visual, general and residential amenities
5.7 The area that surrounds this site includes buildings of various appearance, size and design. The finish of these buildings varies, but there are some common features such
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as slate roofs, stone, render and pebble-dash finished walls. The built up nature of the nearby area is fairly dense in form with terraced housing and estate houses and the proximity of these houses to each other within the area.
5.8 The proposal, in respect of its size, design and finish complements the general features of the area and the elevations reflect what has already been permitted within the estate. It is not believed that the proposed buildings are unacceptable in terms of their appearance and features and it is not believed that they would impact the visual amenities of the area to an unacceptable degree. The proposal is, therefore, believed to be acceptable in relation to the material requirements of policy PCYFF 3.
5.9 As previously noted, the existing built up nature of the area is fairly dense. This means that matters such as proximity and over-looking are fairly common within this area and specifically within the estate itself. This of course does not justify exacerbating the existing situation, but this is mentioned in order to present a picture of the area as things currently stand.
5.10 The proposed houses are to be constructed on land that has been empty since the site was originally developed and until recently, it has been an untidy site due to left over building materials and equipment. The level of the land itself rises from the lower corner near the access to the estate towards the highest part.
5.11 Pre-application discussions were held between the agent and the planning officers, it was suggested that windows to be included on the first floor at the rear of the houses should be removed and included on the gable ends to avoid any obvious overlooking of houses and of the rear of houses located behind the site. Therefore; there will only be bathroom windows, with opaque glazing in the rear of the houses. A suggestion was made to reduce the height of the houses on plots 1 and 2 to reduce the shadowing and domineering impact on the gardens of the houses to the rear. Additionally, it was suggested that the design and finish of the front of the houses reflected that of the existing houses opposite the site to ensure suitable continuity.
5.12 A detailed plan was submitted with the application that indicates the path of resulting sunlight and shadowing in relation to plots 1 and 2 and houses behind the site. It can be seen from the plans that there would be no apparent impact on the sites located behind the development and that two-storey dwellings on this site, as opposed to the originally proposed bungalows, would not be harmful in relation to this aspect.
5.13 It is inevitable that constructing houses on this site would have some impact on nearby amenities, consideration must be given to how much more impact the houses subject to this application would have as opposed to the houses that could be lawfully built on the site. This proposal is for two bedroom houses, the same number that was proposed for the bungalows. There will be no increase in the number of bedrooms between the permitted houses and those that are subject to this application. The form of the buildings is of course another matter, and it is acknowledged that building houses in this location is likely to affect existing housing to various degrees. However; it is believed that there is a need to weigh up the proposal against the lawful right to build four bungalows and in doing so, to determine whether it would be unacceptable to construct two-storey houses on the site, to take the place of the bungalows that were originally approved. Initial concerns about the proposal were highlighted during the pre-application discussions and changes have been made to the proposal in line with the advice given. This has resulted in the final plans incorporating all of the suggested changes and are considered acceptable in principle. Full consideration was given to the concerns highlighted by local residents in terms of the impact of the proposal on their amenities
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including matters relating to overlooking and shadowing however it is not believed that the long term impact would be any greater than completing the previous approved application.
5.14 Consequently, it is not believed that the proposal is unacceptable in terms of the relevant requirements of policy PCYFF2.
Transport and access matters
5.15 Concern has been raised by local residents about the impact of the proposed development on matters relating to parking within the estate.
5.16 The application was originally submitted with one parking space shown to the side of the four houses. The Transportation Unit was not satisfied with this number and, consequently, the plan was amended to include provision for two vehicles.
5.17 The Transportation Unit accepts the increase in parking spaces and has, consequently, suggested including relevant conditions for the proposal, thus ensuring the application is acceptable in relation to the requirements of policies TRA 2 and TRA 4.
5.18 It is acknowledged that the existing estate could be busy in terms of the movements of residents, visitors, deliveries etc. However, it is not believed that the proposed development is likely to exacerbate the situation to an entirely unacceptable degree especially given the existing right to construct four bungalows. It can be seen from previous detailed plans that the bungalows’ development included one parking space and a garage as approved and therefore it is not believed that the existing proposal would be worse than what has been approved, and remains live. The Transportation Unit has no objections to the proposal in its amended form and it is not believed that it is possible to refuse the application on the grounds of these matters.
Relevant Planning History
5.19 As has already been noted, this site has an extensive planning history and applications have been approved and renewed for residential developments over a number of years before development commenced on site. It is also seen that an application was refused in the past to construct 17 houses due to a concern regarding matters relating to amenities, over-development etc.
Flooding matters
5.20 A response was received from the Land Drainage Unit originally asking for a flood impact assessment of the site due to past flooding incidents. As this Unit, along with Welsh Water, is responsible for matters relating to land drainage, surface water and the suitability of drainage methods and flooding as a result of surface water runoff, there was no need to consult with Natural Resources Wales in this case. Discussions were held between the agent of the application and the Unit. More recently, confirmation was received within am amended Design and Access Statement relating to work undertaken in response to historical flooding problems. It was noted there was an understanding that a culvert on higher ground and outside the site was causing surface water to overflow towards the site. This matter was discussed with the landowners, Welsh Highland Railway, and it was agreed that the applicant would be allowed to clear the culvert, create a bund as an obstacle between the culvert and nearby houses and was also given permission to access the culvert in future to ensure its maintenance. It is also
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noted that rainwater harvesting measures will be installed on the site and it is alleged that this development is smaller than the bungalows in terms of surface area, and natural drainage will be much better.
5.21 After receiving details of the work relating to the culvert a response was received from the Land Drainage Unit stating that the work that has already been completed on the Highland Railway land is an improvement to what was there during previous flooding and with assurance that the current situation will be maintained, there is no sufficient reason to recommend refusing the application. Additionally, Welsh Water does not object to the proposal and has suggested that standard conditions and advice be included in relation to drainage matters.
5.22 It is acknowledged that concerns have been highlighted by local residents regarding the elevated nature of the site along with the form of the land which leads to occasional flooding events as a consequence of surface water flow following heavy rain. But as already noted above, the Drainage Unit and Welsh Water have concluded that the proposal would not exacerbate the situation. It not believed either that the situation would be any different to what it could be should the bungalows be erected. However by ensuring there are protective measures in place, the hope is that the impact will be less in future.
5.23 It is therefore believed that the proposal is acceptable in terms of the relevant requirements of policies ISA 1, PS 5 and PCYFF 3.
Response to the public consultation
5.24 Observations have been received from neighbours of the site expressing concerns about the impact of the development on amenities and the impact on the area in general. Full consideration has been given to all the material planning observations, as was noted in the above assessment; and, having considered the application in its entirety and whether it conforms to adopted policies and guidelines as well as the site's planning history, the proposal is not believed to be unacceptable based on the reasons noted.
6. Conclusions:
6.1 Having considered the above and all the material planning matters including the local and national policies and guidance, the site's planning history and the live permission that exists to erect four bungalows on the site together with the observations received as part of the public consultation, it is believed that this proposal to construct four, two- storey houses with ancillary facilities is acceptable and conforms to the requirements of relevant policies as noted above.
7. Recommendation:
7.1 Approve - conditions
1. Time 2. Comply with plans 3. Materials and slates 4. Highway conditions 5. Welsh Water 6. Boundary treatment details 7. Withdrawal of permitted development rights and window PD rights 8. Party wall note
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Rhif: 5
Application C18/0233/15/LL Number: Date 20/03/2018 Registered: Application Full - Planning Type: Community: Llanberis Ward: Llanberis
Proposal: Change of use of land to provide 5 formal parking spaces, new footpath and areas of garden
Location: Land Nr. - Tŷ Du Road, Llanberis, Caernarfon, Gwynedd, LL554HD
Summary of the TO APPROVE WITH CONDITIONS Recommendation:
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1 . Description:
1.1 This is an application to provide 5 formal parking spaces on a new housing site adjacent to Ffordd Tŷ Du, Llanberis, to be let to local residents, together with providing a footpath to the site from Fron Goch and changes to the arrangement for gardens and access to the proposed houses on plots 8 and 9 of the development.
1.2 It is vital to remember when considering this application that the housing development in its entirety has already commenced and planning permission for 11 houses has been secured forever (C11/1103/15/AM) and that only the amendment of the site arrangement is under consideration as part of this application.
1.3 The new proposal is to create 5 permanent parking spaces on a plot of land 13m x 4.6m already converted into hardstanding, extend the gardens of both houses to include the 24m x 6m area that was outside the original red line and used in the past as an informal parking area by Fron Goch residents, and create a footpath, 30m long, leading between the gardens of two houses from Fron Goch into the new site in order to facilitate access to the parking areas.
1.4 The application is submitted to the Committee as three or more observations contrary to the Officer's recommendation were received.
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 made in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Local Development Plan.
2.2 Under the Well-being of Future Generations (Wales) Act 2015 the Council has a duty not only to carry out sustainable development, but also to take reasonable steps in exercising its functions to meet its sustainable development (or well-being) objectives. This report has been prepared in consideration of the Council’s duty and the 'sustainable development principle', as set out in the 2015 Act, and in making the recommendation the Council has sought to ensure that the needs of the present are met without compromising the ability of future generations to meet their own needs. It is considered that there would be no significant or unacceptable impact upon the achievement of well-being objectives as a result of the proposed recommendation.
2.3 Anglesey and Gwynedd Joint Local Development Plan. (July 2017)
PCYFF 2: DEVELOPMENT CRITERIA
PCYFF 3: DESIGN AND PLACE SHAPING
TRA 4: MANAGING TRANSPORT IMPACTS
PS 19: CONSERVING AND ENHANCING THE NATURAL ENVIRONMENT
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2.4 National Policies:
Planning Policy Wales, Edition 9, 2016.
3. Relevant Planning History:
C17/0807/15/LL : Amend condition 1 of planning permission C14/0240/15/MG to approve an alternative design for the approved housing - Approved 18/12/17
C14/0240/15/MG : Reserved matters application to erect 11 residential dwellings as approved under reference C11/1103/15/AM - Approved 18/06/15
C11/1103/15/AM – Outline application to erect 11 dwellings, clear the site and create an entrance and estate road (an amended application to a previous application refused for 16 dwellings) – Approved 19/04/12
C10A/0506/15/AM - Outline application to erect 16 dwellings along with the creation of a new access estate road - Refused 09/11/11: An appeal against the decision was later submitted and the appeal was refused because it would be an over-development of the site.
4. Consultations:
Community/Town Not received Council:
Transportation Unit: No objection
Natural Resources No objections - Standard notes for the applicant Wales: Tree Officer: Not received
Welsh Water Require a condition to ensure that no additional water flows into the public sewer as well as offering standard advice to the developer.
Public A notice was posted on the site and nearby residents were Consultation: notified. The following observations were received in response to the consultation, objecting on the grounds of material planning considerations: Concern due to the proximity of the parking spaces to the boundary with Bryn Du dwelling, as this would cause a nuisance because of car lights and exhaust fumes. Concern regarding road safety with cars going in and out of the parking spaces. This work is within the tree roots protection area A danger of pollution to the water course that passes the site That there is a flooding risk on the site and this development will aggravate the situation.
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The following observations were also received; these are not material planning considerations: That this proposal had not been included in the previous application in case it might cause objections. The parking spaces are too far from Fron Goch to be useful Not enough parking spaces were offered to compensate for the parking area lost on land near Fron Goch There is no information regarding what the cost will be to secure a parking space There is no assurance that the spaces will be permanently available. As vacant land is available more free parking spaces should be provided for local residents within the site
5. Assessment of the material planning considerations:
General
5.1 It is a requirement that planning applications be determined in accordance with the adopted development plan, unless other material planning considerations state otherwise. The Anglesey and Gwynedd Joint Local Development Plan (LDP) is the adopted 'Development Plan' in this case. This site is located within the development boundary of the Local Service Village of Llanberis as defined by the LDP, and has been earmarked within the plan for 11 houses (designation T43).
5.2 It is important to remember that this application does not relate to the principle of the development and indeed, as the development has already commenced, in terms of planning, there is nothing that can be done to prevent the development that received approval in 2015 under reference number C14/0240/15/MG from progressing.
5.3 It should also be noted that in the past parking was near Fron Goch on private land and on an informal basis. Previous planning permissions were given with the understanding that this land was part of the new development site and there is no duty, in terms of planning, for the applicants in this case to provide any parking for local residents on the site. This will be a private parking site and any arrangements regarding parking rights are private matters between the users and the owner.
General and residential amenities
5.4 Generally, policies PCYFF 2 and PCYFF 3 of the Joint Local Development Plan approve proposals for new developments provided that they do not have a detrimental impact on health, safety or the amenities of the residents of local properties or on the overall area.
5.5 Due to its location on a site near a new road in a housing estate that has already received planning permission, it is not considered that this parking site would cause a detrimental impact to the site's general appearance or impact on the area's visual amenities compared to what has already been approved. Indeed, there would be nothing to prevent informal parking from happening on the site anyway and this application is a matter of formalising the situation. Accepting that there might be some intrusion to
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neighbours' property due to car lights and noise, because of the small number of parking spaces proposed, the location and orientation of the parking site, together with the consistent use of the nearby road and indeed Ffordd Tŷ Du itself, it is not deemed that this development would change the situation in terms of private amenities in a significant way compared to what has already been approved.
5.6 The parking spaces would extend up to 1.2m to the tree root protection zone identified in the previous site plan, having said that work to the land surface has already occurred at this location as part of Welsh Water's sewerage improvements scheme. In this case, the intention is to place a surface of permeable blocks on a stone drainage basis, and it is not deemed that this would cause additional harm to what has already occurred and therefore the proposal is acceptable under policy PS 10 of the LDP.
5.7 In addition, despite the concerns of the objector regarding flooding risk, the site is not within a flood zone as defined by the Development Advice Maps that accompany TAN 15 'Development and Flood Risk' and Natural Resources Wales have no objection to the plan. It is considered that the intention to use a permeable surface that drains easily is a means to ensure that the land drainage situation on the site will not get worse as a result of this development.
5.8 Generally, it is considered that the arrangement of the proposed development is in keeping with the location in an acceptable manner. It is not considered that the proposed changes cause significant harm to the amenity quality of the site or the local neighbourhood compared to what has already received approval and, consequently, it is considered that the development is acceptable under Policies PCYFF 2 and PCYFF 3 of the LDP as they relate to these matters.
Highways matters
5.9 The majority of the observations received from the public deal with concerns regarding loss of parking which has occurred traditionally on private land opposite the Fron Goch houses, and the lack of parking spaces offered to compensate for this. However, this is a matter concerning rights on private land and the developers are not required, in terms of planning, to provide any additional parking to what has already been agreed as part of the housing development.
5.10 The Transportation Unit did not anticipate that the proposed development would have a detrimental impact on any road and therefore it is considered that this proposal meets with the requirements of policy TRA 4 of the LDP.
6. Conclusions:
6.1 Based on the above assessment, and having considered the relevant matters, it is believed that the amendments suggested as part of this application are acceptable and, by approving the amended plans, the development would continue to be acceptable under the policies noted above. All material considerations have been addressed when determining this application, including all matters raised by objectors, but it has not changed the recommendation.
7. Recommendation:
7.1 To approve the application subject to material planning conditions involving:
1. Time
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2. In accordance with the plans 3. Welsh Water Condition
Notes 1. Welsh Water 2. Natural Resources Wales
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Number: 6
Application C18/0266/44/LL Number:
Date 06/04/2018 Registered:
Application Full - Planning Type:
Community: Porthmadog
Ward: Porthmadog East
Proposal: Construction of a two storey extension to side of property and a single storey extension to the rear.
Location: 26 Y Ddôl/Meadow Drive, Porthmadog, Gwynedd, LL49 9HY
Summary of the TO APPROVE WITH CONDITIONS Recommendation:
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1. Description:
1.1 Application for the construction of a two storey extension to the side of a residential property and extend an existing single storey rear extension.
1.2 The property is a semi-detached house within a residential housing estate located within the Porthmadog development boundary.
1.3 The proposal involves extending an existing single storey extension to the rear in order to create a larger living and dining room. The new side extension would provide a bedroom and bathroom to the first floor without changing the existing ground floor interior.
1.4 Externally, the extension walls will be finished with smooth render and a pitch roof of natural slate.
1.5 The application has been amended from its original submission by removing a first floor Juliet balcony to the rear. It is noted that this application is submitted to the Planning Committee as the applicant is the Local Member.
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 made in accordance with the Development Plan, unless material considerations indicate otherwise. Planning considerations include National Planning Policy and the Local Development Plan.
2.2 The Well-being of Future Generations Act (Wales) 2015 places a duty on the Council to take reasonable steps in exercising its functions to meet the seven well-being goals within the Act. This report has been prepared in consideration of the Council’s duty and the 'sustainable development principle', as set out in the 2015 Act. In reaching the recommendation, the Council has sought to ensure that the needs of the present are met without compromising the ability of future generations to meet their own needs.
2.3 Anglesey and Gwynedd Joint Local Development Plan 2011-26 adopted 31 July 2017
PCYFF 2 - Development Criteria
PCYFF 3 - Design and Place Shaping
2.4 National Policies:
Planning Policy Wales (Edition 9, November 2016)
Technical Advice Note 12: Design
3. Relevant Planning History:
3.1 It appears that the site has no recent relevant planning history.
4. Consultations:
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Community/Town No objection Council:
Transportation Unit: No observations
Welsh Water: Not received
Public Consultation: A notice was posted on the site and nearby residents were notified. The advertising period ended on 03.05.18, no letters/correspondence had been received at the time of writing the report objecting to the proposal.
5. Assessment of the material planning considerations:
The principle of the development
5.1 Generally, policies PCYFF 2 and PCYFF 3 of the Joint Local Development Plan approve proposals for extensions and modifications to existing houses, as long as they do not have a detrimental impact on the health, safety or the amenities of the residents of local properties or on the area in general. In addition, extensions to existing buildings are required to:
Contribute to, and enhance, the character and appearance of the site Respect the site and surroundings in terms of their location in the local landscape. Use appropriate materials
5.2 The property is located in an area consisting mainly of fairly large houses that are either detached or semi-detached and have fairly large rear gardens. The proposal involves constructing a first-floor extension to the side and extend an existing single storey rear extension. It is not considered that the extensions would harm the appearance of the site or disrupt the visual amenities of the area in general. Consequently, the principle of the development is considered to be acceptable and in accordance with the relevant requirements of policies PCYFF 2 and PCYFF 3 of the Local Development Plan.
Visual amenities
5.3 It is proposed to construct extensions to the side and rear of the existing property. The extensions would not have a significant effect on the front elevations of the site. From the rear, it appears as though it would blend in with its site on account of its form and features. In terms of design, it is considered that the proposal is acceptable in this case. It is not considered that the proposal would have a detrimental impact on the existing property and it is not considered that the proposal would be detrimental to the area's visual amenities. To this end, it is believed that the proposal is acceptable based on the requirements of Policy PCYFF 3 of the LDP.
General and residential amenities
5.4 Initially, there had been some concern about over-looking due to the inclusion of a Juliet balcony to the rear of the first floor of the proposed side extension. Amended plans were eventually received which eliminated this aspect; it is believed that the proposal would not be significantly unacceptable as regards its impact on the property
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next door. It is considered that the proposal in its amended form is acceptable in terms of Policy PCYFF 2 of the LDP.
6. Conclusions:
6.1 Having considered the above and all the material planning matters including the local and national policies and guidance, it is considered that this proposal would not have a detrimental impact on the area and on nearby houses and the amended design for the proposal is considered to be acceptable and that it, consequently, complies with the requirements of the relevant policies as noted above.
7. Recommendation:
7.1 Approve - conditions
1. Commence within five years. 2. In accordance with the plans. 3. Slate 4. Finishes of walls 5. Removal of PD rights – windows
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