Pwyllgor Cynllunio Planning

PWYLLGOR CYNLLUNIO DYDDIAD: 13/01/2014 SIAMBR DAFYDD ORWIG PLANNING COMMITTEE DATE: CHAMBER CAERNARFON

EITEM CAIS RHIF CYMUNED LLEOLIAD ITEM APPLICATION COMMUNITY LOCATION NUMBER

1 C09A/0412/26/LL Waunfawr Llain o dir cyfagos / Land adjacent to, Hen Gapel, Ffordd Waunfawr, Caeathro 2 C13/0049/11/LL Bangor 346 - 350, Stryd Fawr, Bangor 3 C13/0766/13/LL Bethesda Tir ger / Land adjacent to Plas Ffrancon Sports Centre, Lon Newydd Coetmor / Coetmor New Road, Bethesda 4 C13/0873/44/LL Porthmadog Greenacres Caravan Site, Morfa Bychan, 5 C13/0945/44/LL Porthmadog Cefn, Morfa Bychan, 6 C13/1047/35/LL Criccieth Hen Depot y Cyngor, Maestyngellhesg, Criccieth 7 C13/1052/22/MW Llanllyfni Tomen Llechi Dolbebin Slate Tip, Talysarn, 8 C13/1120/16/LL Llandygai 2,3,5-9,11,13,16-21,23,25,26,28,29,32-38, Erw Faen, Tregarth, Bangor 9 C13/1147/41/LL Llanystumdwy Harlech Food Services Ltd, Parc Amaeth, Llanystumdwy, 10 C13/1205/20/LL Y Felinhelli Tir ger / Land by, Y Wern, Y Felinheli, 11 C13/1209/45/LL Pwllheli Lon Abererch, Pwllheli, PWYLLGOR CYNLLUNIO DYDDIAD: 13/01/2014 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Number : 1

PWYLLGOR CYNLLUNIO DYDDIAD: 13/01/2014 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

Application Number: C09A/0412/26/LL Date Registered: 27/08/2009 Application Type: Full - Planning Community: Waunfawr Ward: Waunfawr

Proposal: ERECTION OF 12 DWELLINGS TOGETHER WITH CREATING A NEW ACCESS AND DRAINAGE WORKS. Location: LAND ADJACENT TO HEN GAPEL, WAUNFAWR ROAD, CAEATHRO, CAERNARFON, GWYNEDD, LL55 2SS

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

1. Description: 1.1 This is a full application to erect 12 residential dwellings on a plot of land that measures approximately 0.50ha and which is part of a 0.75ha site allocated in the Gwynedd Unitary Development Plan for 23 housing units. The proposal also involves creating a new access and undertaking associated drainage work. The new entrance would be from the A4085 trunk road and a new pavement would be created for a distance of approximately 46m along the southern boundary of the site. The dwellings would be served by an estate road which would also connect the Caeathro Bach cottages and the existing children’s play area to the A4085. An existing bridge, ‘Pont yr Efail Fach’, would remain as it is with a new pavement created to its rear.

1.2 To the north of the site there is a row of dwellings called Caeathro Bach and the property which is opposite the site has been extended in the back and has a window facing the development site. To the east there is agricultural land and mature trees together with a terrace of traditional two-storey dwellings called Hen Gapel. The southern boundary is defined by the A4085 trunk road and to the west there are dwellings whose back gardens border with the site’s western boundary together with a private drive that serves the dwellings of Caeathro Bach and a children’s play area. The site is designated in the Unitary Plan for 23 residential units and a Development Brief (November 2009) has been prepared for the site to correspond with the designation.

1.3 The site is currently used for grazing and there is a slope of around 2.70m in the land from the north to the south and the site measures approximately 0.75ha in total. The current entrance to the field is from a private narrow drive which serves the dwellings of Caeathro Bach.

1.4 The proposal includes five types of houses which vary from two bedroom semi-detached houses to detached four bedroom houses, and of the 12 dwellings, four of them would be affordable. It is proposed to offer the affordable dwellings to local housing associations.

1.5 Externally the dwellings would consist of a natural slate roof, a natural stone facing, painted render and uPVC windows/doors. The dwellings would be positioned on the site and designed in a manner which maximises energy efficiency, taking into account matters involving infrastructure, reducing the impact on visual amenities and on the amenities of neighbouring residents. Engineering work would be required in order to PWYLLGOR CYNLLUNIO DYDDIAD: 13/01/2014 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

create platforms for the dwellings themselves and in order to build the estate road and the new entrance.

1.6 In accordance with the requirements of Technical Advice Note 12 on ‘Design’ (June 2009) a Design and Access Statement was submitted with the application (updated in October 2013 to include matters relating to a revised layout, flood risk assessment, the viability of the scheme and housing needs). The statement refers to the five statutory headings and it is believed that its content reflects the nature and scale of the application. In accordance with the requirements of the Development Brief the following were submitted – a landscaping/trees scheme and assessment, a detailed land drainage plan (together with a flood risk assessment) and an ecology survey.

2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009:

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

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

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

POLICY B25 – BUILDING MATERIALS Safeguard the visual character of the Plan area by ensuring that only natural Welsh slates or slates that are similar in terms of appearance, colour and weathering properties are permitted, other than in circumstances in which the type of building or its particular setting, or the sustainability benefits, are such that another material would be appropriate. In respect of other parts of the building, developments will be required to use high quality building materials that complement the character and appearance of the local area. Proposals that introduce substandard or intrusive materials will be refused.

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

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

POLICY C1 – LOCATING NEW DEVELOPMENT Land within the development boundaries of towns and villages and the developed form of rural villages will be the main focus for new developments. New buildings, structures and ancillary facilities in the countryside will be refused with the exception of development that is permitted by another policy of the Plan.

POLICY C7 – BUILDING IN A SUSTAINABLE MANNER Proposals for new developments or for the adaptation and change of use of land or buildings will be refused where consideration has not been given to specific environmental matters. Proposals must conform to specific criteria relating to building in a sustainable manner, unless it can be demonstrated that it is impractical to do so.

POLICY CH1 – NEW HOUSES ON ALLOCATED SITES Proposals to build houses on sites allocated for housing use will be approved provided that criteria relating to specific features of the development can be met.

POLICY CH6 – AFFORDABLE HOUSING ON ALL ALLOCATED SITES IN THE PLAN AREA AND ON UNALLOCATED SITES THAT BECOME AVAILABLE WITHIN THE DEVELOPMENT BOUNDARIES OF THE SUB-REGIONAL CENTRE AND THE URBAN CENTRES Approve proposals for housing developments on sites allocated for housing or on random sites for five or more units within the development boundaries of the sub-regional centre and the urban centres, which provide an appropriate element of affordable housing.

POLICY CH18 – AVAILABILITY OF INFRASTRUCTURE Development proposals will be refused if there is no adequate provision of necessary infrastructure for the development, unless they can conform to one of two specific criteria which require that appropriate arrangements are made to ensure adequate provision, or that the development is carried out in phases in order to conform to any proposed scheme for the provision of infrastructure.

POLICY CH29 – SAFEGUARDING AND IMPROVING LINKS FOR PEDESTRIANS Proposals within Centres and Villages will be refused unless they provide safe, attractive and direct footpaths for pedestrians across and out of the site where there is a clear opportunity to make such a provision.

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

POLICY CH31 – PROVIDING FOR CYCLISTS Development proposals that do not provide specific facilities for cycling where there are obvious opportunities for doing so will be refused.

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

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

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

The Development Brief for the site.

Gwynedd Design Guidance (April 2003).

Supplementary Planning Guidance – Affordable Housing (November 2009).

Supplementary Planning Guidance – Planning Obligations (November 2009).

Supplementary Planning Guidance – Housing Developments and Open Spaces of Recreational Value (November 2009).

2.3 National Policies:

Planning Policy Wales, (November, 2012).

TAN 2: Planning and Affordable Housing (June 2006)

TAN 12: Design (June 2009).

TAN 15: Development and Flood Risk (2004).

TAN 16: Sports, Leisure and Open Spaces (2009)

TAN 18: Transport (2007)

3. Relevant Planning History:

3.1 This particular site has no relevant planning history.

4. Consultations:

Community/Town Council: There is no footway from the site towards the bus stop in the village which would be very dangerous. Should there be a further planning application, consideration should be given to a give-way traffic PWYLLGOR CYNLLUNIO DYDDIAD: 13/01/2014 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

system on the main road which would then enable the Council to install a footway through the village and to the local shop, and which would also slow down the traffic through the village.

Transportation Unit: No objection, but with relevant road safety conditions.

Natural Resources Wales: Comments regarding the design of the culvert, maintenance work to the culvert, the Land Drainage Act 1991 and surface water drainage on the site need to be brought to the applicant’s attention. Confirmation must be received that the run-off is acceptable for Welsh Water. Need to include conditions regarding fencing and route of flow together with details of surface water management.

Welsh Water: Object because the proposal would overload the village’s sewage treatment works and there were no improvements in the pipeline back in 2009 in Welsh Water’s programme to improve the situation. Need to inform the applicant of the need to safeguard the public sewer that crosses the site.

Public Protection Unit: Not received.

The Council’s Flood Risk and Need to contact the Unit with regard to undertaking any work on the Coastal Erosion Management culvert, and any work must be carried out in accordance with the Unit: requirements of the relevant regulations.

Biodiversity Unit: The preliminary tree report is acceptable and the mitigation measures contained in the report itself should be carried out. Further to this report and following concerns by local residents with regard to wildlife, a species survey was also submitted which is also acceptable to the Unit.

SP Energy Networks: The applicant should be careful when working on the site that he does not interfere with electrical equipment such as cables.

Strategic Housing Unit: There is a need for affordable housing in the Caernarfon catchment area and it must be ensured that the prices of the four affordable units are within reach of those who are eligible. Cymdeithas Tai Eryri have shown an interest in collaborating with the applicant with regard to the provision of four affordable houses after the Strategic Housing Unit contacted them recently.

Public Consultation: The application was advertised by placing several notifications on the site and in the press, and local residents were informed. The latest consultation period ended on 31.10.13 and a total of 33 letters and one petition were received objecting to the application on the following grounds: PWYLLGOR CYNLLUNIO DYDDIAD: 13/01/2014 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

• The designs of the proposed two-storey houses do not complement the landscape and the single-storey houses in the area; therefore they need to be redesigned. They will create a dominating structure which is completely unsuitable for the site. • 18 houses are excessive for a small village and are a threat to the Welsh character of the village (note that the total number of houses is now down to 12). Six houses would be acceptable on this site. • Traffic problems and parking on the carriageway of the trunk road will increase from approving the application, and will therefore impact on road safety and road users. • There is no pavement on either side of this part of the trunk road. • Creating a new entrance opposite the trunk road is a concern for local residents, especially when vehicles already drive too fast through the village. • Disturbance for local residents during the construction work. • There are deficiencies in the village’s current public sewer and approving more houses would put the system under more pressure. Welsh Water currently has no intention to upgrade the public sewer system in the village. • There is a risk, from raising the floor levels of the proposed houses, for the adjacent houses to be affected by floods and for the element of overlooking to be made worse. The application site experiences flooding often. • The proposal would mean loss of privacy, light and overlooking to those dwellings that are located opposite the application site. • The proposal is contrary to the requirements of the Development Brief for the site based on density, the local need for housing, materials, designs and road safety. • Ysgol Bontnewydd is already full to capacity. Problems with the capacity of the bus which transports children to Bontnewydd.

5. Assessment of the material planning considerations:

Principle of the development 5.1 The principle of developing this site for housing has already been accepted as it was designated specifically as a site to be developed for 23 housing units in the Gwynedd Unitary Development Plan (GUDP) and a Development Brief (November 2009) has been prepared for it.

5.2 Since submitting the application originally in 2009 the number of houses proposed on the site has been reduced from 18 to 12 based on the restrictions and requirements of Natural Resources Wales and the Council’s Flood Risk Management Unit, as a result of flooding problems and the need to safeguard the integrity of the culvert crossing the site. There is also a public sewer crossing the site that needs to be protected from damage. PWYLLGOR CYNLLUNIO DYDDIAD: 13/01/2014 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

5.3 Although only 12 houses now form part of the application, the aim is to develop the remainder of the site in the future. The site that has been designated for 23 houses measures approximately 0.75ha, and the site of the application to hand measures 0.50ha. In this case, discussions with the applicant and the evidence submitted with the application show that there is a need to avoid some parts of the site in order to protect the route of foul water pipes and water courses in the culvert. As such, there are physical reasons for submitting a lower density in this case and, therefore, developing 12 houses on 0.50ha is acceptable in principle.

5.4 It is intended for four of the 12 units to be affordable for local need with their occupancy and prices managed through a Section 106 agreement in accordance with the requirements of the GUDP and the Development Brief. This figure corresponds to 33% of the development and is in accordance with the relevant policies and guidelines. Should the remainder of the designated land be developed in the future it would be required to provide a percentage of affordable housing on that site also.

5.5 Based on research work when preparing the GUDP the Council decided that Caeathro (which belongs to a Dormitory Housing Market Area) is a village that could cope in principle with further growth and as a result this particular plot of land was designated in order to satisfy a general need for open market housing in the area, and in order to contribute to the need to ensure that a constant five year’s worth supply of land is available for housing in Gwynedd.

5.6 Based on the above, the need for housing has been supported and confirmed and it is considered that the proposal is acceptable in principle based on the requirements of Policy CH1 of the GUDP and the adopted Development Brief provided that the development also complies with other relevant policies in the UDP.

5.7 In order to comply with Policy CH1 and the Development Brief the applicant will be required to sign a Section 106 agreement to ensure that four of the 12 houses are affordable units for local need. This would be tantamount to providing 33% of all the houses on the site for local need affordable housing. The Development Brief refers to a figure of around 35% of the houses to be affordable units, but given the physical constraints of the site (outlined above) it is believed that four affordable houses is acceptable on this site. Taking the above into consideration it is believed that the proposal is acceptable based on the requirements of Policies C1, CH1 and CH6 of the GUDP together with the Development Brief for the site, Supplementary Planning Guidance: Affordable Housing and Technical Advice Note 2: ‘Planning and Affordable Housing’.

Visual amenities

5.8 The site is located in a fairly visible place in the centre of the village and opposite the trunk road. Most of the houses will be prominent from nearby public places but they will not be visible from afar as they would be seen in the context of existing housing developments. The proposal involves erecting two-storey houses with natural slate roofs, u-PVC windows and doors, natural stone work and painted render for the external walls and clean brickwork. The existing dwellings that are located around the site (and which include two-storey and single-storey houses) have different and eclectic appearances that vary from painted render to traditional clean stonework and pebble dash of different PWYLLGOR CYNLLUNIO DYDDIAD: 13/01/2014 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

colours. Although the proposed houses would be of a modern design and materials, it is not believed that they would impact significantly on the visual amenities of this part of the village, and the external materials can be controlled by imposing an appropriate condition.

5.9 The Development Brief states that the site is an infill site as it is located within the built form of the village, and states that the new housing must be in keeping with the local area in respect of scale and building materials. A new and different design is supported as opposed to a common and boring design. To this end, although the design and external appearances of the proposed houses are different to the existing houses, it is believed that they add to the variety and eclectic mix of dwellings there are around the site at present, and it is not believed that they would create an unsuitable development in terms of scale and materials. Although the site plan submitted refers to general landscaping, the applicant will be required to submit a detailed and final plan to be agreed with the Local Planning Authority before commencing the development. It is believed therefore that the proposal is acceptable based on the requirements of Policies B22, B23, B25 and B27 of the GUDP as well as the advice contained in Technical Advice Note 12: ‘Design’ (June 2009).

General and residential amenities

5.10 A vast number of local residents have objected to the application on the grounds of loss of privacy, light and overlooking. The current property of Tremallt has its back garden located exactly opposite the western boundary of the site. Beyond Tremallt is The Old Smithy property. The gable-end of the proposed house on plot 1 (which faces the same way as Tremallt and The Old Smithy) is located approximately 15m from the gable-end of Tremallt but there are no windows in the proposed elevation that would face Tremallt. An existing stone wall measuring approximately 1m in height separates the curtilage of Tremallt and the curtilage of the house that would be located on plot 1, and taking into account the location of the proposed house in relation to Tremallt, it is not believed that it will mask the occupants of Tremallt in relation to loss of light and shadow casting.

5.11 Tremallt and The Old Smithy have long rear gardens and the far end of The Old Smithy’s garden extends further and around the end of the garden of Tremallt. The proposed property on plot 2 is approximately 8-10m away from its boundary with the side of Tremallt’s garden and on the first floor there are two bedroom windows and one bathroom window. The proposed houses on plots 3 and 4 are also located between 8 and 10m away from the boundary of the curtilage of Tremallt and both of these houses have a bedroom window and a bathroom window on the first floor.

5.12 Because of the way the houses have been laid out the rear of Tremallt faces transverse to the rear of the houses on plots 2, 3 and 4, therefore the first-floor windows of the houses on plots 2, 3 and 4 would look over the garden of Tremallt and not towards the house itself. The nearest part of the house on plot 2 is approximately 20m away from the Tremallt house which means that at least 20m of the garden that is closer to Tremallt continues to be fairly private. It is intended to erect a 1.8m high timber fence at the rear of the houses on plots 1 and 2 which are closest to the property of Tremallt in order to safeguard privacy from ground-floor windows, and this is considered reasonable.

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5.13 Taking into consideration the distance between the rear of the proposed houses and the Tremallt house, i.e. that there is approximately a 20m empty space between the rooms of Tremallt and the rear of the proposed houses, it is not believed that the amenities of the occupants of Tremallt will be affected significantly. It is acknowledged that there will inevitably be some overlooking on their garden, but installing a 1.8m high fence between Tremallt and the proposed houses will be a means of overcoming some of this concern, and overlooking from bedroom/bathroom windows would not be considered completely unacceptable.

5.14 The back garden of The Old Smithy is also adjacent to the rear of the proposed houses on plots 3, 4 and 5, with the rear of the houses on plots 3 and 4 approximately 7m away, and the gable-end of the house on plot 5 approximately 2.5m away from the boundary of the garden of The Old Smithy (in the part where it extends further and encircles the garden of Tremallt). The rear of the house itself is located approximately 40m from the gable-end of the house on plot 5, and the only window on this elevation would be a small landing window. The occupants of The Old Smithy have a summer house located 15m from the boundary with the houses on plots 3 and 4 which is defined by a clawdd measuring approximately 1.8m high, and this part of the garden is used for growing fruit and vegetables. There is an average of around 22m between the summer house and the rears of the proposed houses, and taking into consideration the above assessment, it is once again believed that there will be no significant or unacceptable overlooking on the garden of The Old Smithy, and particularly into the property’s ‘living’ rooms.

5.15 It is believed therefore that the proposal is acceptable based on the requirements of Policies B23 and CH1 of the GUDP as it is not considered that the proposal would lead to significant or unacceptable overlooking.

Transport and access matters

5.16 The site plan has been revised to take into consideration the requirements of the Transportation Unit with respect to designing the estate road to adoption standards together with the main entrance/pavement to the site from the trunk road. It is also considered that the parking spaces are acceptable. To this end it will be required to include relevant highway conditions as part of any permission granted to this proposed development. Remember also that road safety implications have already been discussed when supporting the principle that the site is suitable to be designated and could cope with a maximum of 23 houses. It is therefore considered that the proposal complies with the requirements of Policies CH29, CH30, CH31, CH33 and CH36 of the GUDP.

Biodiversity matters

5.17 A landscaping/trees assessment together with an ecology survey were submitted with the application following concerns by the Biodiversity Unit, Natural Resources Wales and the local residents. In response to these documents the statutory consultees accept the contents of the documents and recommend that the applicant follows the mitigation measures noted. It is therefore considered that the proposal complies with the requirements of Policies B20, C1 and CH1 of the GUDP.

Public safety and crime prevention

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5.18 The design and layout of the site and the houses have taken into consideration the requirements of community safety by adopting North Wales Police’s ‘Secured by Design’ guidelines. A path is included in the plan for obtaining safe access to the dwellings of Caeathro Bach and the nearby play area, and there is plenty of natural supervision of the site. It is therefore believed that the proposal is acceptable based on the requirements of Policy B23 of the GUDP.

Sustainability matters

5.19 The Development Brief states that any development on the site should be carried out in a sustainable manner. Although a level 3 Code for Sustainable Homes assessment has not been submitted with the application as it was submitted before this requirement came into force, the houses have been designed in accordance with the requirements of Part L of the Building Regulations, 2006, which will include reaching and maintaining a “good” level of energy efficiency. To this end it is believed that the proposal is acceptable based on the requirements of Policy C7 of the GUDP.

Flooding matters

5.20 As a result of concerns that the site has been flooded in the past, a floods consequence assessment was received with the application which included mitigation measures (which include surface water management) and a plan to redesign and re-route an existing culvert which runs through the site. No objections were received from the relevant statutory consultees on this aspect of the application, but it was recommended to include relevant conditions as part of any permission granted for this proposal. It is therefore believed that the proposal is acceptable based on the requirements of Policy CH18 of the GUDP.

Infrastructure matters

5.21 As can be seen from Welsh Water’s observations, they object to the proposal because the village’s sewerage system (the sewage treatment works) is insufficient to cope with any additional use which would increase pressure on the current system. The Development Brief draws any prospective applicant’s attention to this fact, and that one of the following steps must be undertaken:-

(i) That the developer comes to an agreement with Welsh Water with regard to the contribution to the cost of making the necessary improvements to the sewage treatment works. (ii) That the developer provides private sewage treatment works. (iii) That Welsh Water programme the improvements for 2010-2016.

5.22 The current situation is that Welsh Water is examining how the problem could be solved by finding a way of improving the current deficiencies in the sewage treatment works and the public sewer in the village. In the meantime and following extensive discussions on the matter, they have mentioned a planning condition that would be acceptable to them in order to allow approving the application and which states that no house may be occupied until improvements have been completed to the sewage treatment works or a private sewer facility is agreed (however, this final option is not acceptable since Natural Resources Wales refuse developers using private sewage treatment works in areas where PWYLLGOR CYNLLUNIO DYDDIAD: 13/01/2014 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

there is a public sewer). In response to this the Local Planning Authority recommends a condition it believes would protect the interests of Welsh Water and the applicant by ensuring that no residential unit will be occupied until the necessary work has been completed to reach the additional capacity that would be required for the development in question.

5.23 Planning Policy Wales, Fifth Edition (November 2012), Chapter 3 states that imposing “conditions on a planning permission can enable many development proposals to proceed where it would otherwise be necessary to refuse planning permission. The proper use of conditions can improve the quality of development and enhance public confidence in the outputs of the planning system”. To this end the objection of Welsh Water can be overcome by including a suitable planning condition with any planning permission which ensures that the development of this particular site will not affect the integrity of the public sewerage system and will avoid polluting the environment in the area of Caeathro. It is therefore considered that the proposal is acceptable in terms of the requirements of Policy CH18 of the Unitary Plan.

Section 106 agreement matters

5.24 As referred to previously, the element of the proposal relating to affordable housing is considered acceptable in number. Consequently, it will need to be ensured that four of the 12 houses are affordable houses for general local need which can be done by completing a 106 Agreement prior to issuing any permission.

5.25 In this case the developer will not be required to provide open spaces of recreational value within the site, based on the scale of the development together with the fact that a children’s playground already exists in the village. It must also be remembered that the houses have private gardens which also provide a play area and a suitable amenity for the occupants of the new houses.

5.26 In the context of the Supplementary Planning Guidance: ‘Housing Development and Educational Provision’, it was confirmed by the Joint Planning Policy Unit that the local school has no spare capacity in this academic year for the catchment area for any increase in the likely number of pupils that could result from this proposal. To this end it will be required to negotiate with the applicant in order to secure a financial contribution towards an educational provision for the catchment area’s local school based on the requirements of the above SPG. The agent has confirmed their willingness to do this.

Response to the public consultation

5.27 It is considered that the objections and concerns of the local community in relation to this application have been considered in full in the above assessment and that there are no matters that outweigh the relevant policy considerations.

6. Conclusions:

6.1 Taking into consideration the above assessment it is believed that the proposal to construct 12 houses on this site is acceptable in principle and in respect of location, scale, PWYLLGOR CYNLLUNIO DYDDIAD: 13/01/2014 ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO CAERNARFON (CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)

density, visual/residential amenities, road safety and infrastructure matters and is therefore in accordance with the policies noted.

7. Recommendation:

7.1 To delegate the right to the Senior Planning Manager to approve the application subject to negotiating an educational financial contribution and to the applicant signing a Section 106 agreement relating to that educational financial contribution and to ensuring that four of the 12 houses are affordable houses for general local need and to relevant conditions relating to:

1. Five years 2. In accordance with the plans 3. Highways 4. Natural Resources Wales 5. Welsh Water/infrastructure 6. Flood Risk and Coastal Erosion Management Unit 7. Landscaping 8. Biodiversity mitigation measures 9. Materials / slates 10. Removal of permitted rights for the affordable houses.

Number : 2

Application Number: C13/0049/11/LL Date Registered: 30/10/2013 Application Type: Full - Planning Community: Bangor Ward: Deiniol

Proposal: APPLICATION TO CONVERT FLOORS ABOVE EXISTING SHOP INTO 7 ADDITIONAL SELF CONTAINED UNITS (PROVIDING A TOTAL OF 8 UNITS ) AND PROVISION OF 3 PARKING SPACES TO THE REAR OF THE SITE TOGETHER WITH RETROSPECTIVE MATTERS INCLUDING ALTERATIONS TO THE SHOP FRONT IN ORDER TO FORM 2 RETAIL UNITS , INSTALLATION OF SECURITY SHUTTERS AND CCTV CAMERAS. Location: 346-350 HIGH STREET, BANGOR, GWYNEDD, LL57 1YA

Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:

1. Description:

1.1 This application is to convert floors above the existing shop into seven additional self- contained units (to provide eight units in all) and to provide three parking spaces to the rear of the site together with retrospective matters which include alterations to the shop front in order to form two retail units, installation of security shutters and CCTV cameras.

1.2 The existing building is quite substantial and is located within a terrace of a variety of buildings, both in size and design, on Bangor High Street. It is a two-storey building with a third floor above one section of the building. The building extends substantially to the rear of the site and there is a yard at the back. In the past, the building has been used as one shop.

1.3 The proposal entails the conversion of the floors above the building to provide a total of 8 self-contained units, seven of the units would be in the form of bedsits where the residents would live and sleep in the same space. The eighth living unit would have three bedrooms. The proposal entails undertaking internal changes to split the shop into two, however, this does not require formal planning permission.

1.4 The proposal also includes a number of external alterations and some of these have already been completed on the site without formal planning permission. The changes include:

• An additional window on the 2 nd floor rear elevation. • Additional window and replacement of door for a window on the first floor rear elevation. • Installation of stairs and safety railings on the rear elevation of the 2 nd floor flat roof. • Extend pitch roof above 2 nd floor on the rear elevation. • Close the lower floor windows on the side elevation. • Alterations to shop front to create two separate units – change position of windows and doors. • Install security shutters on the front elevation with a perforated (1m) section. • Install four CCTV cameras on the front elevation. Two on the rear elevation and two on the side elevation. • Take down a boundary wall to the rear of the site – however this is not an element that requires formal planning permission as the road is unclassified.

1.5 The plans indicate signs (and these signs already exist on the site and are subject to an enforcement investigation), however, they are not part of the application before you. The agent/applicant has notified us that a separate application has to be submitted for these.

1.6 The proposal provides three parking spaces to the rear of the site together with storage for commercial and residential bins.

2. Relevant Policies:

2.2 Gwynedd Unitary Development Plan 2009:

POLICY A2 – PROTECTING THE SOCIAL, LINGUISTIC AND CULTURAL FABRIC OF COMMUNITIES Safeguard the social, linguistic or cultural cohesion of communities against significant harm due to the size, scale or location of proposals.

POLICY B24 – ALTERATIONS AND BUILDING EXTENSIONS WITHIN DEVELOPMENT BOUNDARIES, RURAL VILLAGES AND THE COUNTRYSIDE Ensure that proposals for alterations or extensions to buildings conform to a series of criteria aimed at protecting the character and amenity value of the local area.

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

POLICY B26 – SHOP-FRONTS AND COMMERCIAL UNITS IN THE TOWN CENTRES Ensuring that proposals that are approved respect the scale, size, materials and architectural style of the building and the local vicinity.

POLICY C1 – LOCATING NEW DEVELOPMENT Land within the development boundaries of towns and villages and the developed form of rural villages will be the main focus for new development. New buildings, structures and ancillary facilities in the countryside will be refused with the exception of development that is permitted by another policy of the Plan

POLICY C4 – ADAPTING BUILDINGS FOR RE-USE Proposals to adapt buildings for re-use rather than demolition will be approved provided they can conform to specific criteria relating to the suitability of the building, visual considerations, design and the impact on the vitality of neighbouring towns and villages.

POLICY CH3 – NEW HOUSES ON UNALLOCATED SITES WITHIN THE DEVELOPMENT BOUNDARIES OF THE SUB-REGIONAL CENTRE AND URBAN CENTRES Approve the construction of houses on appropriate unallocated sites within the development boundaries of the Sub-regional Centre and the Urban Centres.

POLICY CH15 – CONVERTING FLOORS ABOVE SHOPS AND RETAIL UNITS INTO FLATS OR RESIDENTIAL UNITS Approve proposals to convert and use floors above shops and other retail units for residential use (where planning permission is needed).

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

2.3 National Policies:

Planning Policy Wales 2012 (Edition 5)

TAN 12: Design

3. Relevant Planning History:

3.1 Nothing that is relevant.

4. Consultations:

There was a period of consultation on the original application and then there was a period of re-consultation following the receipt of additional information regarding: confirmation of land ownership, including a security shutter and CCTV cameras and change the parking scheme at the rear of the site.

Community/Town Council: Refuse – the units are sub-standard in terms of size and the proposal would have a significant detrimental impact on the residential amenities of residents in the future.

Response following re-consultation No objection on the grounds that five parking permits will be given to park in the centre of the town (in addition to the three proposed parking spaces) to provide parking for all in the units. One domestic bin should be provided for every living unit and they should be screened and placed within an appropriate compound.

Transportation Unit: I refer to the above application and wish to state that I do not intend to submit a recommendation as it is supposed that the proposed development would not have a detrimental impact on any road or proposed road.

Response following re-consultation

No objection to the proposal. The proposal includes seven bedsits and it is assumed that parking will not be required for this element, considering the location of the site on the outskirts of the centre of the city and opposite a pay and display car park. Parking provision is shown for three vehicles at the rear of the building and it is considered that these are sufficient for the unit with three bedrooms. Therefore, there is no parking provision for any staff linked with the shop development, however, as with the bedsits the parking provision on the street and the pay and display car park can be accepted as a suitable provision for this. It is necessary to demolish the wall that borders the highway at the rear, and I recommend that a note is included regarding this matter. In addition a note should be included for the applicant to seek a licence if the shutters overlap the pavement.

Welsh Water: No objection – relevant conditions

Response following re-consultation No response

Biodiversity: Several factors mean that it is likely that bats use this building: • It has been empty for a long period. • It has complex slate roofs with missing slates. • It is very close (30 metres) to oak woodland which is a very good habitat for bats. • There are several records of bats in other nearby buildings. Because of this an internal investigation of the structure for bats would be required as well as an investigation of any attic or cellar and a survey of bat activity (emergence survey).

Response following the Biodiversity Officer’s visit to the site

All the building has been re-roofed and significant work has been undertaken on the external walls. Therefore, there is now no potential for bats to use the building and a bat survey will not be required.

Response following re-consultation No response

Conservation Officer: The site is located next door to two grade II listed buildings. There is no objection to the proposal in principle and there is no objection to the alterations to the shop front. However, it is considered that replacing the original timber windows on the brick three-storey section of the building is not acceptable as they are original windows of historical interest to the building. It is felt that these windows have to be retained and repaired as they are and therefore it is suggested that a condition to retain the timber windows is attached.

Response following re-consultation No response

Environmental Health: No response

Environment Agency: No observations.

Response following re-consultation No response

Access Officer: No specific observations

Response following re-consultation No response

Waste Management No response

Public Consultation: A notice was posted on the site and neighbouring residents were informed. The first consultation period ended on 07.03.13 and three letters/correspondences were received objecting on the following grounds:

• Vehicular access and parking off a one-way street that gives access to several other commercial units. Vehicles park along this street already and bins are left, lorries making deliveries. • The parking spaces are not sufficient for seven one bedroom units and one unit with three bedrooms. • The provision for bin storage is insufficient. • Question land ownership • Question the suitability of security shutters.

Response following re-consultation No response

5. Assessment of the material planning considerations:

Principle of the development

5.1 Policy C1 of the Gwynedd Unitary Development Plan refers to the location of new developments, and states that land within town and village development boundaries and the developed form of rural villages will be the main focus for new developments. New buildings, structures and ancillary facilities in the countryside will be refused with the exception of development that is permitted by another policy of the Plan In this case, the proposal entails the conversion of an existing building situated within the development boundary of Bangor city regional centre and therefore the proposal conforms with this specific policy.

5.2 Policy C4 of the Gwynedd Unitary Development Plan involves adapting buildings for re- use, and states that policies to adapt buildings for re-use will be approved provided they can conform to specific criteria relating to the suitability of the building, visual considerations, design and the impact on the vitality of neighbouring towns and villages. It is considered that the existing building is suitable for the proposed use that would be a mixture of retail and residential use and that the design, including the required changes/alterations will respect the structure, form and character of the original building (one shop with storage and facilities for staff) and is in keeping with the surrounding area.

5.3 The proposed external changes, which include changes to the side and rear openings, install stairs and safety railings, extend the pitch roof behind the building, change the shop front, install safety shutters on the front of the property and install CCTV cameras on the front, back and side of the building, the elements that would be expected for this type of substantial building on the High Street in Bangor and in this case they are considered to be appropriate. It is considered that these changes are not likely to cause significant harm to the visual quality and character of the surrounding area. Therefore, it is considered that the proposal complies with all the requirements of policy C4 above.

5.4 Policy CH15 of the Unitary Development Plan deals with the conversion of floors above shops and commercial units into flats or residential units and approves proposals to convert and use the upper floors above shops and other commercial units for residential use (where planning permission is required) and stresses that empty floors such as these are an opportunity to provide homes for some groups within the community, in this case individuals who wish to live alone within the centre of the City. The building subject to this application is situated on the High Street and is surrounded by varied commercial and residential buildings, and the proposed use is in keeping with this area. Therefore, it is considered that the proposal complies with the requirements of policy CH15 above.

5.5 Policy CH3 of the Unitary Development Plan deals with the provision of new houses on allocated sites within the development boundaries of the sub-regional centre and urban centres. This policy refers specifically to the construction of new houses on infill sites however the same principle remains for the provision of new units within an existing building, as long as the development is not an overdevelopment of the site. In this case, it is considered that the proposal provides a special type of accommodation for individuals who wish to live in the centre of the City, and the proposal does not entail an overdevelopment and does not lead to the loss of open spaces. Therefore, it is considered that the proposal complies with the requirements of policy CH3 above.

5.6 Policy CH6 of the Unitary Development Plan deals with providing affordable housing within developments for five units or more within the development boundaries of the sub-regional centre and the urban areas. The plans submitted show that the proposal before you is for eight new living units, however, only seven require formal planning permission as there are permitted development rights to provide one living unit above the existing shop without the need for planning permission. The agent has provided information in the form of the valuation of the units on the open market and it is clear that the units (7 x one bedroom and 1 x three bedroom) are within reach of individuals who require an affordable dwelling and therefore it is considered that it would be unreasonable to limit the price of the units further via a legal agreement. It is therefore considered that all the units are affordable already in their design. Location and size and they therefore comply with the requirements of policy CH6 above.

Visual amenities

5.7 Policies B22, B24 and B26 of the Unitary Development Plan deal with making changes to buildings and to the front of commercial units and also with building design and installation of security shutters. These policies promote good building design by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features and character of the local landscape and environment. It is necessary to ensure that proposals for adaptations or extensions to buildings conform to a series of criteria aimed at protecting the character and amenity value of the local area and that the approved proposals respect the scale, size, materials and the architectural style of the building and the local area. .

5.8 Policy B25 of the Gwynedd Unitary Development Plan relates to safeguarding the visual character by ensuring that building materials must be of a high standard that complement the character and appearance of the local area.

5.9 The proposal includes a number of external alterations which include changes to the side and back openings, installation of stairs and security railings, extend the pitch roof behind the building, change the shop front, install a security shutter on the front of the property and install CCTV cameras on the front, back and side of the building, and they are developments that would be reasonable to see on this type of building/site in this area. It is considered that the design of the external alterations are suitable and are in keeping with the original building. The proposal includes installing a safety shutter along the front. The plans show that there will be a panel measuring approximately 1m in the centre of the shutter and along all of it that will be perforated in order that it will be possible to see the shop’s merchandise day and night at eye level. The device to close the shutter is situated lower down than the existing fascia, however, it is proposed to place signs (some have already been put in place and are subject to a separate application) that will overlap this device and therefore it will not be seen. It is proposed to finish the building with a render and a slate roof, with plastic/aluminium windows/doors/shop front.

5.10 It is therefore considered that the proposal complies with the requirements of policies B22, B24, B25 and B26 above.

General and residential amenities

5.11 Policy B23 of the Unitary Development Plan safeguards the amenities of the local neighbourhood by ensuring that proposals must conform to a series of criteria aimed at safeguarding the recognised features and amenities of the local area.

5.12 The proposal’s layout and design ensure reasonable privacy to users and the properties either side. It is considered that the proposal does not cause any unreasonable overlooking over land that currently enjoys a level of privacy. It is considered that the proposal does not mean an over-development of the site, it provides a reasonable number of a specific type of one bedroom accommodation for persons who wish to live alone in the centre of the City, together with one additional three bedroom unit. Three parking spaces have been provided within the building’s curtilage, and public parking is located close to the building on the High Street, and is considered that the proposal is not likely to add to the traffic or the associated traffic noise in a way that will cause significant harm to local amenities. A bin storage provision has been introduced as part of the application and although the waste management unit has not responded on the suitability of the storage for the development it is considered that there is sufficient room within the property’s curtilage to keep bins off the road.

5.13 As a result of the above, it is considered that the proposal complies with the requirements of policy B23 above.

Transport and access matters

5.14 Policy CH30 of the Unitary Development Plan deals with ensuring access for all, and refuses proposals for residential, business/commercial units or buildings/facilities for public use unless it can be shown that full consideration has been given to the provision of appropriate access for the widest possible range of individuals. The current building is old and was not originally designed to provide access for the disabled. It is possible to provide access to the lower floor for the disabled, however, it is not proposed to install a lift in this building due to the nature of its existing structure and therefore it is not possible to provide access for all within a building of this type. Therefore, it is considered that the proposal complies with the requirements of policy CH30 above.

5.15 Policy CH33 of the Unitary Development Plan is involved with ensuring safety on roads and streets, and it permits development proposals provided they can conform to specific criteria relating to the vehicular entrance, the standard of the existing roads network and traffic calming measures. Policy CH36 of the Gwynedd Unitary Development Plan ensures private parking facilities and refuses proposals for new developments, extension of existing developments or change of use unless off-street parking is provided in accordance with the Council’s current parking guidelines, and having given due consideration to the accessibility of public transport, the possibility of walking or cycling from the site and the distance from the site to a public car park. The original proposal was to provide four parking spaces within the curtilage at the rear of the building. However, due to land ownership issues, this provision has been reduced to three parking spaces within the property’s curtilage at the rear and the Transportation Unit is of the view that this is sufficient to satisfy the parking needs of residents and staff in the building and that the proposal would not be likely to have a detrimental impact on road safety. There is also a provision to keep bicycles at the back of the building, and the accessible location to the town centre means that travelling by bus, bicycle, and walking is convenient. The Transportation Unit has no objection to the proposal and therefore it is considered that the proposal conforms with all the requirements of policies CH33 and CH36 of the Unitary Development Plan.

Language and Culture Issues -

5.16 Policy A2 of the Unitary Development Plan protects the social, linguistic and cultural fabric of communities by safeguarding social, linguistic or cultural solidarity within communities against significant harm due to the size, scale or location of proposals.

5.17 A Linguistic and Community Statement has been submitted with the application and states that the proposal would satisfy the need for accommodation for individuals within the City. It is considered that the proposal would not attract additional population to the area, but would rather satisfy the need that already exists within the City. It is considered that the social, linguistic and cultural fabric would remain as it is and the proposal therefore conforms to the requirements of policy A2 above.

Response to the public consultation

5.18 A notice was posted on the site and nearby residents were notified. The first advertisement period expired on 07.03.13 and three letters/correspondence objecting to the proposal were received on the grounds of the points that have previously been outlined in Section 4 above.

5.19 It is considered that full consideration has been given to the points raised as a result of the consultation period in the relevant sections of the above report. It is noted that work on the application has stopped for a period due to land ownership issues, however, these matters have already been resolved and following the changes to the original application submitted (changes to the parking scheme at the rear of the building, installing a security shutter and CCTV cameras) a period of re-consultation was conducted on the application, and no further observations were received during that period.

6. Conclusions:

6.1 Following the above assessment, it is considered that the proposal is a development that ensures the future of a substantial building on Bangor High Street and conforms with all the relevant policies in the Unitary Development Plan and as the proposal is unlikely to have a significant detrimental impact on the amenities of the local area nor on any nearby property. It is not considered either that any other relevant planning issue states to the contrary.

7. Recommendation:

7.1 To approve subject to conditions:

1. Ensure that the development is completed in accordance with the plans . 2. Slates on the roof, 3. The car parking area will be completed in total accordance with the enclosed plan prior to the commencement of the residential use approved here. 4. Safeguard parking areas and the bin compound for this use only. 5. Welsh Water conditions 6. Details of the security shutter to be as agreed. 7. Highway note.

Number : 3

Application Number: C13/0766/13/LL Date Registered: 18/10/2013 Application Type: Full - Planning Community: Bethesda Ward: Ogwen

Proposal: ERECTION OF 24 RESIDENTIAL UNITS COMPRISING OF SEMI- DETACHED HOUSES AND FLATS, CREATION OF NEW VEHICULAR ACCESS AND ESTAE ROAD Location: LAND ADJACENT TO PLAS FFRANCON SPORTS CENTRE , COETMOR NEW ROAD , BETHESDA , GWYNEDD , LL57 3DS

Summary of the TO REFUSE Recommendation:

1. Description:

1.1 This is a full application to construct 24 living units including 16 affordable units along with changes to the vehicular access, creation of an estate road and associated developments.

1.2 The site is partly located within the development boundary of Bethesda which is designated as a Local Centre in the Gwynedd Unitary Development Plan (July 2009). The site is in a prominent location adjacent to Coetmor New Road, with the residential houses of Maes Coetmor to the west/south west, Plas Ffrancon Leisure Centre to the south and open lands surrounding it to the north and east. A public footpath runs past the site’s western boundary.

1.3 Historically, the site has been used as a garage / lorry depot, this use has now ended and the site has been cleared of any buildings which stood there in the past. This site is considered to be previously developed land and is therefore defined as a Brownfield site.

1.4 The proposal includes the construction of:

• 2 two-storey semi-detached houses with two bedrooms each • 10 two-storey semi-detached houses with three bedrooms each • 2 two-storey buildings to include 4 two bedroom flats • 1 two-storey building to include 4 single bedroom flats

1.5 The proposed layout of the site demonstrates that there would be 11/12 units within the development boundary and 12/13 units on a section of the site located outside the boundary (there is a small doubt whether one unit is located entirely outside the boundary, the line runs through the centre and it could be argued that it is partly inside/outside the boundary).

2. Relevant Policies:

2.2 Gwynedd Unitary Development Plan 2009:

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

POLICY B30 – CONTAMINATED LAND OR BUILDINGS Ensure that proposals for developing contaminated land or buildings are refused unless they can conform to a series of criteria aimed at controlling or restricting the contamination .

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

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

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

POLICY CH7 – AFFORDABLE HOUSING ON RURAL EXCEPTION SITES DIRECTLY ADJOINING THE BOUNDARIES OF VILLAGES AND LOCAL CENTRES Permit affordable housing on rural sites directly adjoining the boundaries of Villages and Local Centres if they conform to criteria relating to local need, affordability and impact on the form of the settlement.

2.3 Supplementary Planning Guidance

The Council’s Supplementary Planning Guidance are a material planning consideration, and the following are relevant in this case:

• Planning Obligations • Affordable Housing • Planning and the Welsh Language • Planning for Sustainable Building • Housing Developments and Open Spaces of Recreational Value • Housing Developments and Educational Provision

2.4 National Policies:

Planning Policy Wales - version 5, 2012

Technical Advice Notes (TAN):-

TAN 2: Planning and Affordable Housing TAN 12: Design TAN 18: Transport TAN 20: The Welsh Language TAN 22: Planning for sustainable buildings

3. Relevant Planning History:

3.1 C10A/0206/13/AM - renewal of outline application C07A/0052/13/AM for demolition of existing building and erection of eight dwellings – approved 15.12.12.

3.2 C07A/0052/13/AM - demolition of existing buildings and erection of eight dwellings – approved April 2007.

4. Consultations:

Community/Town Council: Object, a vast part of the site is located outside the boundaries of the Gwynedd Unitary Development Plan, approving it would set a precedent for developments that are contrary to the GUDP.

Transportation Unit: Acceptable in principle, traffic assessment is acceptable and shows that it is not likely to have a detrimental impact on the local traffic network, however; there is uncertainty regarding the details of some plans and that some elements do not correspond to each other.

Natural Resources Wales: Need to ensure that what is proposed in relation to a culvert on the site is agreed with the Council’s Land Drainage Unit, a condition is suggested relating to drainage matters and general advice is provided on pollution matters.

Strategic Housing Unit: The agent refers to the fact that this Unit originally supported the application on the grounds of the proposed housing provision. These observations were replaced at a later date with the following: ‘There is a need for affordable housing in the area and we would emphasise the need for social rented housing to satisfy specific requirements. Our endeavour to secure such properties have recently been unsuccessful. We are aware of other planning applications within the area and striking a balance within the housing market is important.’

Rights of Way Unit: No response

Gwynedd Archaeology Service: No response

Fire Service: No objection

Biodiversity Unit: No observations

Land Drainage Unit: More attention needs to be given to the water course treatment on the site due to past problems.

North Wales Police: It is acknowledged that consideration has been given to safety and protecting amenities.

Trees Officer: No substantial trees on the site, the landscaping plans are suitable.

Welsh Water: Standard conditions and advice.

Public Protection Unit: We do not agree with the findings of the submitted pollution report, a report is awaited that better reflects the matters relating to pollution, the culvert on the site etc.

Public Consultation: A notice was placed in the local press and on the site and nearby residents were informed. The advertisement period ended on 21.11.13 and seven letters/correspondences of objection were received from local residents and on behalf of organisations such as the Coetmor Safety Committee and Menter Iaith Dyffryn Ogwen on the grounds of: • No evidence of local need • No need for affordable housing • Sufficient provision of flats in the area and specifically on Bethesda high street. • No need for a social housing estate • The development is not in keeping with what is actually needed • More vehicles will have a harmful impact on the local road network. • Site is outside the boundary • There is misleading information in the description.

In addition to the above, objections were received that were not valid planning objections which included:

• The current public drainage system is inadequate • Drainage connections within private land • The planning procedure needs to be based on local community needs • Need for individual community strategies across the County.

Some of the above letters / correspondences noted their support of the previous permission that was granted for eight houses on a section of the site which is located within the development boundary.

5. Assessment of the material planning considerations:

5.1 Principle of the development

5.1.1 Any development must be assessed on the grounds of local and national adopted policies along with other material considerations such as statutory and public consultation responses.

5.1.2 In principle, the Local Planning Authority supports applications to use previously developed sites (Brownfield) rather than developing Greenfield sites and this is in accordance with Policy C3 of the UDP. The policies contained within the Unitary Plan are the main material consideration when determining a planning application. »Policy C1 of the Unitary Development Plan presumes against developments to erect new residential housing on land outside the adopted boundaries as defined by the Unitary Plan unless the development is approved by another policy in the plan.

5.1.3 To this end, Policy CH7 is relevant as it involves ‘affordable housing on rural exception sites that are located directly adjacent to the boundaries of villages and local centres’ and it approves proposals for affordable housing on suitable rural sites located directly on the boundary……as an exception to usual housing policies provided they comply with all the criteria. The Supplementary Planning Guidance on Affordable Housing has also been adopted and it expands on the policy and supports it. Both the Policy and the SPG state clearly that the ‘aim is to supply affordable housing …on sites that are designated for housing or other sites that become available unexpectedly’. Therefore, only when such sites are not available can a rural exception site be approved and if this is the case, the sites supported may only be small sites. This is endorsed by Technical Advice Note 2: Planning and Affordable Housing 9 (paragraph 10.13) which states that the rural exception site must be on a small scale.

5.1.4 Therefore, given that there are designated sites / sites that have unexpectedly become available in Bethesda, it is not believed that there is justification to approve an exception to the usual housing policies and therefore it is not possible to support the section of the proposal that relates to outside the development boundary in accordance with Policy CH7 of the UDP. Additionally, it cannot be seen from the submitted information that specific plots have been earmarked as affordable housing, therefore there is no assurance that all of the units shown to be constructed outside of the boundary will be affordable units.

5.1.5 In relation to the section of the site which is located within the boundary, it is believed that this part of the proposal is acceptable and in accordance with Policy CH4 of the UDP relating to ‘New housing on undesignated sites within development boundaries…’

5.1.6 Having considered the application as a whole, it is clear that the part of the site located within the boundary is acceptable in principle (and this part already has outline permission for eight houses) and that the section located outside the boundary is not acceptable in principle. As this is a single application, there is no option other than to refuse the application to develop the site as a whole due to the fact that part of the site located outside the boundary is not in accordance with Policies C1 and CH7 or the SPG on Affordable Homes.

5.2 Visual amenities

5.2.1 The submitted plans show a proposal to erect housing of a standard design and finish. It is not considered that there is a uniform pattern for developments within the area in terms of design and finish although they do have some common features in terms of finishing materials such as slate roofs, render/pebbledash finishes etc.

5.2.2 Consequently, it is not considered that the proposal it entirely unacceptable in respect of Policies B22 and B25.

5.2.3 The proposal to landscape the site is acceptable and the Council’s trees officer has confirmed that the landscaping plan is suitable, therefore it is not considered that the proposal is contrary to the requirements of policy B27.

5.3 General and Residential Amenities

5.3.1 The principle of a residential development on a part of this site has already been supported by means of a previous approval. Consideration was given to the overall impact of this development on the amenities of nearby residents and on the area’s general amenities and it is considered that developing the site would continue to be acceptable in relation to these matters.

5.3.2 However, the permission was for eight units on a section of this site, and this current application is substantially larger and involves 24 residential units. Concern has been expressed regarding the impact of the development on nearby houses in terms of drainage etc. and although the statutory bodies do not object to the proposal, it is apparent that there have been difficulties in the past. The Council’s Land Drainage Unit and Public Protection Unit have highlighted concerns about the development due to difficulties relating to pollution on the site and a culvert which crosses the site. It is not considered that the submitted information is sufficient to satisfy these matters. Normally, these maters would be discussed and resolved by means of further inspections or amending plans. However, given that there is a fundamental objection to this development, it is not felt that resolving these matters would change the objection in principle neither would it make the application more acceptable on policy grounds. On this basis, it is considered that not all of the requirements of Policy B23 are fully met.

5.4 Transportation and access matters

An observation was received referring to an unacceptable increase in the number of vehicles that would be using the local roads, however the Transportation Unit does not object to the application. Therefore it is considered that the development is acceptable, in terms of transportation and access and it satisfies the requirements of policies CH33 and CH36.

5.5 Relevant planning history

5.5.1 The outline permission remains extant for eight new living units including two affordable units on the part of the site that is included within the development boundary.

5.5.2 There is no objection to this development being realised by submitting a detailed application for the site or amending what has already been approved by relocating the houses on the site for example to possibly include an additional unit to those eight plots that have already been approved.

5.5.3 Should discussions have been held before submitting this current application, this would have been suggested to the applicant and he would have been encouraged to follow this route rather than seeking to develop the part of the site located outside the boundary.

5.6 Community benefit / 106 Agreement issues

5.6.1 This application was originally supported by the Council’s Strategic Housing Unit as it is a development considered to meet specific requirements for smaller houses in the area along within the demand which exists for this type of housing.

5.6.2 However, the Unit has now updated its observations and confirms that although this general demand continues in the area, it no longer supports the application on this site.

5.7 Any other considerations

5.7.1 It has been confirmed that there is limited capacity in the local primary school, however, there are a small amount of places available and it would normally be acceptable to ask for a contribution in order to respond to this demand or to discuss the matter with the Education Department as there are places available at other schools in Bethesda.

5.7.2 As the Local Planning Authority does not support the application, it would be unfair to discuss and to agree on an educational commensurate sum, and this would not outweigh the fundamental objection to the development in its submitted form, namely that the application is partly located outside the development boundaries of the Unitary Plan.

5.8 Response to the public consultation

5.8.1 A number of observations were received from local neighbours and organisations objecting to the application in its submitted form. Some note there is no objection to developing the site in accordance with the permission that already exists for erecting eight new units.

5.8.2 However, the objections mainly refer to matters such as drainage and defects in the existing system as well as difficulties experienced in the past. Neither Natural Resources Wales nor Welsh Water have objected to the proposal on these grounds and therefore it is considered that it is possible to accommodate the development in terms of connection to the public system should further research and agreement be undertaken.

6. Conclusions:

6.1 The main issue to be considered with regards to this application is whether or not the arguments are sufficient to justify an exception to the usual strict controls governing new developments (located partly) outside the designated boundaries. It is acknowledged that this is a single site in terms of historical boundaries and use, however, the development boundary (for whatever reason) clearly shows that only half the site is included within the development boundary and therefore by terms of definition, it is considered that the land outside this boundary is considered to be a rural area.

6.2 It is acknowledged that there are existing residential houses located relatively close to the site, however, this development would include a number of new houses on land located outside the boundary and it is normal to expect that this type of site is not considered acceptable for development if there is no special justification for doing so.

6.3 It has been noted in the application that the site should be considered as a rural exception site and that it therefore meets the requirements of policy CH7. Although there is no reference in the explanation of that policy to the scale of any proposal, Technical Advice Note 2: Planning and Affordable Housing 9 (paragraph 10.13) notes that the development of a rural exception site should be done on a small scale. The units to be constructed outside of the boundary are a mix of houses and flats, a total of 12/13 units. It is not considered that a development of this number would be counted as a small site under Technical Note 2.

6.4 Previous cases in the County have confirmed that sites within development boundaries must be prioritised for the construction of new housing (with an element of affordable units). In the case of Bethesda, a site has been designated for erecting new housing and it happens to be located further down the nearby road for a residential development, 30% of the houses constructed on the site are expected to be affordable. A planning application has been submitted for this site but is yet to be determined at the time of writing this report. 20 of the proposed 69 units are noted as affordable units.

6.5 In addition to this application, there is another application which relates to a site within the development boundary for redeveloping the former Austin Taylor factory site. In this case, it is proposed to erect 37 new residential units with seven proposed affordable units.

6.6. Based on the application in its submitted form and the information provided, sufficient justification has not been presented to convince us there is a real need for this number of units outside the development boundary and that the section of the site located outside the boundary is acceptable as a rural exception site.

6.7 Due to the lack of clear evidence to show that it is not possible to satisfy the need noted within established boundaries as defined by the Unitary Plan, it is not considered that there is sufficient justification for a new development outside the designated boundaries and it is therefore an unacceptable application that fails to satisfy the basic requirements of the Council’s planning policies and guidance in addition to national policies and guidelines as mentioned above in the assessment.

7. Recommendation:

7.1 To refuse – reason –

1. The part of the proposal which involves developing a rural exception site is not acceptable due to its scale and lack of justification of the need to develop a rural exception site in Bethesda. Therefore, the proposal is considered contrary to policies C1, C3, CH4 and CH7 of the Gwynedd Unitary Development Plan as well as the Supplementary Planning Guidance: Affordable Housing, Planning Policy Wales, Chapter 9 (Edition 5, 2012) and Technical Advice Note 2: Planning and Affordable Housing as the site is outside the Bethesda development boundary and no evidence has been submitted that justifies approving the application to develop the rural exception site in order provide affordable housing for local need.

Number : 4

Application Number: C13/0873/44/LL Date Registered: 02/09/2013 Application Type: Full - Planning Community: Porthmadog Ward: Porthmadog West

Proposal: RELOCATE THE SITE OF 45 TOURING UNITS ON THE EXISTING 'PITCH AND PUTT ' SITE AND ERECT TOILET ACCOMMODATION BUILDING , LAY SERVICE ROAD AND LANDSCAPING .

Location: GREENACRES CARAVAN SITE , MORFA BYCHAN , PORTHMADOG , LL49 9YF

Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:

1. Description:

1.1 The application is a full planning application relating to relocating 45 touring units / caravans which are currently located within the Greenacres caravan site to a section of land which is also part of the Greenacres site and forms part of a current ‘pitch and putt’ site. The site is located near the site’s access from the county road and there are residential houses nearby. The new touring site would be surrounded by open pasture and this is also owned by Greenacres.

1.2 The proposal involves erecting a toilet block to include facilities of showers and toilets; a laundry with access for parents, children and the disabled; an office, a storeroom and space for dishwashing. It is intended to locate the toilet block on the south eastern side of the site and it would measure approximately 9.4 x 15.7 metres in length and 4.8 metres high with a cedar shingle roof covering and the external walls finished with timber cladding and softwood windows and doors.

1.3 The proposal also includes improving the existing access to the field to which the application applies; creating a service road that will lead around the touring site, siting 45 hard standing pitches and installing electricity / water / television points for the individual pitches. It is intended to upgrade the open land / recreational area referred to above by creating footpaths and installing information boards within the area. A landscaping plan was submitted for landscaping the touring caravan site and improving the area’s appearance.

1.4 Planning permission already exists for siting up to 1036 caravans on the site as a whole and currently this includes 48 touring units / caravans. The applicant states that it is unsuitable to redevelop the current location of the touring units for the use of touring caravans and this site will be part of an upgrading programme in the future and the intention at that time will be to relocate 33 static caravans from areas within the existing site and locate them on this land. The application involves a reduction in the total of touring units / caravans from 48 to 45; however the overall total number of units on the site will remain 1036.

1.5 The site is a relatively level Greenfield site and includes vegetation such as heather, gorse, trees and hedges and to the north there are three houses and a county road with residential homes located beyond it. To the east the road leads to the Carreg Goch caravan park and a residential area lies beyond this. To the west lies the main access to the Greenacres caravan park and a row of houses and to the south there is a static and touring caravan site with open fields and dunes leading to the beach.

1.6 The site is located near (but outside) the village development boundary on land that was previously used for recreational purposes. This land is part of the prospective local designation of the Carreg Goch wildlife site. 2. Relevant Policies:

2.2 Gwynedd Unitary Development Plan 2009:

POLICY B7 – SITES OF ARCHAEOLOGICAL IMPORTANCE Refuse proposals which will damage or destroy archaeological remains of national importance (whether scheduled or not) or their setting. Also refuse any development that will affect other archaeological remains unless the need for the development overrides the significance of the archaeological remains.

Policy B17 – Protecting Sites of Regional or Local Significance - Refuse proposals which are likely to cause significant damage to sites of regional or local significance unless they conform to a series of criteria aimed at the management, enjoyment and protection of recognised features within the sites.

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

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

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

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

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

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

Policy CH33 – Safety on Roads and Streets – Development proposals will be approved if they can conform to specific criteria relating to the vehicular access, the standard of the existing roads network and traffic calming measures.

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

Policy D20 – Sites for Touring Caravans, Camping and Touring Units – Extensions, Additional Pitches, Relocation and Exchange - Proposals for increasing the number of pitches, extensions to sites, relocation or exchange of sites will be approved if the proposal includes a plan to ensure environmental and visual improvements, and meets other criteria regarding the impact of the development on the local area.

Supplementary Planning Guidance – Holiday accommodation Supplementary Planning Guidance – Planning for sustainable building Gwynedd Design Guidance

2.3 National Policies: Planning Policy Wales, Fifth Edition, November 2012. Technical Advice Note 12: Design (2009) Technical Advice Note 13: Tourism (1997)

3. Relevant Planning History:

3.1 2/24/849B – Extension to club, new foyer, extension to amusement arcade, café near the swimming pool, store, shop, administrative and sales office, extension of car park and landscaping – Morfa Bychan Caravan Site – Approved 16 February 1994.

2/24/849D – Café/bar including changes to swimming pool – Greenacres Caravan Site, Morfa Bychan – Approved 1 June 1994.

2/24/849E – Single story extension to a family room and lounge bar - Greenacres Caravan Site, Morfa Bychan – Approved 16 February 1995.

C97D/0398/24/CL – Construction of club room and new access and extension to kiosk - Greenacres Caravan Site, Morfa Bychan – Approved 5 February 1998.

C99D/0041/24/LL – Amend layout and extension of a static caravan site (Total of 1036 caravans) - Greenacres Caravan Site, Morfa Bychan – Approved 1 November 1999.

C99D/0042/24/LL – Construction of outdoor rope course - Greenacres Caravan Site, Morfa Bychan – Approved 7 April 1999.

C99D/0309/44/LL – Establish a boat parking site - Greenacres Caravan Site, Morfa Bychan – refused 18 November 1999.

C99D/0435/44/LL – New building to replace existing building, relocation of caravan sales site, two additional tennis courts and improvements to car park - Greenacres Caravan Site, Morfa Bychan – Approved 14 January 2000.

C99D/0526/44/LL – Develop a boat storage facility - Greenacres Caravan Site, Morfa Bychan – Approved 31 March 2000.

C03D/0488/44/LL – Provide outdoor water play area for children - Greenacres Caravan Site, Morfa Bychan – Approved 17 November 2003.

C06D/0542/44/LL – Change of use of touring caravan field to static caravans and change use of the touring caravan field to static caravans with landscaping and roads - Greenacres Caravan Site, Morfa Bychan – Refused 20 November 2006.

C07D/0668/44/LL – Extend toilets - Greenacres Caravan Site, Morfa Bychan – Approved 13 February 2008.

C08D/0391/44/LL – Demolish existing kitchen and construct a single-storey extension and a crazy golf site - Greenacres Caravan Site, Morfa Bychan – Approved 21 October 2008.

C10D/0227/44/RP – Installation of LPG Gas Tanks - Greenacres Caravan Site, Morfa Bychan – Approved 17 August 2010.

C10D/0378/44/LL – Construct new open swimming pool and extension for spa, toilets and gym - Greenacres Caravan Site, Morfa Bychan – Approved 12 November 2010.

C12/1082/44/LL – New swimming pool roof - Greenacres Caravan Site, Morfa Bychan – Approved 13 September 2012.

4. Consultations:

Town Council: Object as the development would set an unacceptable precedent and would extend nearer to nearby housing. Also, the development would be intrusive in land that has been earmarked on the original plans for Greenacres as open space between the caravan site and nearby houses.

Natural Resources Wales: No objection and note that the application could affect reptiles and the Garreg-goch wildlife site.

Biodiversity Unit: Following the submittal of an ecological study and report by Aberystwyth University on grassland fungi, we are satisfied that there is no objection subject to including conditions of mitigating measures. The mitigating measures are recommended in the report and a condition will be needed to ensure that the applicant submits a detailed management plan including no paint balling or golf in the buffer / earmarked area near the houses which is part of the proposed wildlife site of Cefn Coch and an area which remains undeveloped and rich in species including grassland fungi.

Trees Officer: No concerns regarding trees.

Welsh Water: Propose standard conditions.

Gwynedd Archaeological It is not considered that further archaeological work is needed on the Service: site.

Caravans Officer: In terms of licence conditions there is an improvement in layout and the distance between touring units and the toilet provision is to be welcomed as the existing toilets are in portacabins.

Public Consultation: A notice was posted on the site and nearby residents were informed. The consultation period ended on 27 September 2013 and 53 letters / items of correspondence were received objecting to the application on the following grounds:

• Concern regarding noise, barbeque odours, litter and disturbing the residents of the houses and static caravans. • Concern regarding the control of Japanese knotweed. • It is believed that the open land and the established mature clawdd / bund have been an effective buffer to prevent any encroachment with the houses and the nearby village and there is concern regarding losing this. • Concern regarding the loss of the wildlife site that needs to be protected. • Concern regarding the impact of traffic on the village’s narrow roads. • The green lawn of the pitch and putt site is attractive. • Question whether the planting in the landscaping plan is credible for a windy site. • It is deemed that there are too many caravans in the village. • It would be better to redevelop the existing site for mobile caravans. • Concern regarding the impact on the area’s Welsh language and culture should the holiday park be extended. • It is recognised locally that there is a history of surface water drainage problems on site and therefore concerns of flooding impact. • The proposal is visually unacceptable. • Question whether there would be a need to consider relocating the security checks kiosk near the site access. • State that the sewage system will not be able to accommodate the new development. • The plans of the development are not considered to be factually correct as the ‘Heulwen’ property on the eastern side is not shown and therefore it is not possible to consider the impact on the nearby properties. • Negative impact on the environment leading to a change in the fragile balance with the village.

Additionally, a petition has been received with 194 signatories objecting to the development on grounds of the loss of the buffer and loss of the wildlife conservation site.

One letter/correspondence was received which supported the application / submitted observations on the grounds of:

• There is a need to provide quality holiday sites in north Wales in order to be able to compete with others in the industry. • Refer to the findings of the North Wales Tourism Partnership review relating to touring caravan owners who call for a guarantee of sites and provision of high quality to include an European ‘Euro pitch’ premium standard pitch.

5. Assessment of the material planning considerations:

Principle of the development

5.1 The proposal is to relocate 45 touring caravans from an area located in the centre of the existing caravan site to a site which is currently used as a pitch and putt site and is located near the main access to the Greenacres site. Policy D20 of the GUDP applies in this context as it relates to extensions, additional pitches, relocation and exchange of touring units. The Policy approves proposals to relocate pitches provided the proposal forms part of a plan that will secure environmental and visual improvements in terms of the location, layout, design and appearance of the site, and its position in the surrounding landscape…The Council recognises the importance of high quality touring facilities and their role in providing a variety of high standard visitor accommodation. One purpose of the policy is to promote and improve the quality of touring caravan sites.

5.2 There is currently permission for a total of 1036 caravans in the site known as Greenacres and this includes 48 touring caravans. The application therefore involves relocating 45 of these touring units leading to a small reduction in the number of touring caravans on the site, namely a reduction of three touring units. However, there will be no reduction in the total of 1036 units on the site as the existing conditions do not state what type of units these 1036 should be. It is considered that the reduction in the number of touring units and the potential increase in the number of static units is acceptable as there is no increase in the actual number of units. Therefore, the proposal is to be considered in terms of the appropriateness of extending the current site rather than any increase in numbers. It is possible to mange the use of the site that would form the extensions by means of appropriate conditions relating to the number of touring units and the siting of touring units only. To summarise, there would be no more than 1036 units on the Greenacres site in total (including the extension subject to the application) and only 45 touring units would be located on the extension that is subject to this application and for a period from 1 March to 31 October in any given year.

5.3 It should be noted that Policy D20 does not refer to the size of an extension that would be considered acceptable (in terms of surface area or numbers), rather it states that each application will be considered on its own merit. In the context of Policy D20 along with the relevant planning history (and existing conditions) of the site, it is not believed that the principle of the application is contrary to Policy D20.

Visual amenities

5.4 The landscaping plan demonstrates a proposal to create a new bund made from a stone wall and hedging in an arched shape located to the west of the Heulwen dwelling, and the bund would separate the development from the heathland (the Garreg Goch prospective wildlife site local designation) and the residential area. We acknowledge the concerns of the residents that the existing static caravans are hidden by the features of the existing bund and that the new development on the southern part of the exiting recreational land will be nearer to the residential area. However, it is considered that the stone wall bund and the hedging would create an effective buffer area of approximately 50 metres between the site and the gardens of the nearby houses and approximately 100 metres between the site and the public road to the north. There would be approximately 20 metres between the site boundary and the Heulwen garden to the east. However, a landscaping plan forms part of the application and includes cloddiau / bunds and substantial planting work in order to mitigate the proposal’s visual impact on the landscape and it is considered that this is a method of successfully integrating the touring units with the landscape. It is considered that this landscaping work would also improve the appearance of the site as a whole and would strengthen the landscaping along its boundaries.

5.5 It is believed that the landscaping plan reflects a noted attempt to improve the site environmentally and to ensure that neither the development nor the new proposed caravans would be intrusive in the landscape and would comply with the requirements of policy D20 in terms of environmental and visual improvements as it is considered that the site would be concealed effectively by the landscaping without compromising or causing significant harm to the visual quality of the landscape. This would also mean that the proposal accords with Policy B27 of the UDP relating to landscaping.

5.6 It is also intended, as part of the application, to erect a building for toilets / showers in order to improve the facilities that would be available to the touring unit users on the new site. It is considered that the new building has a suitable and appropriate design given its location and proposed use. Additionally, it is considered that the refuse storage area, the service roads, the utility points, the information board, paths and hard standings are all acceptable in terms of their location, design, materials and that they are in keeping with the appearance of the area and in accordance with policies B22 and B25 of the GUDP.

5.7 The Caravan Site Inspection Officer’s observations refer amongst other things to the low quality of the existing site and draws attention to the fact that the scheme proposes an improvement to the layout and the distance between touring units and the improvement is welcomed.

General and residential amenities

5.8 There are residential dwellings in the vicinity of the site that are located to the west, the north and the east. The pitch of the nearest touring caravan is located approximately 45 metres form the Heulwen dwelling which is to the east; 55 metres from the new house to the north and 38 metres from the terraced houses on the western side. A screen of hedging and trees lies between the site and the properties to the west and east and the land which extends to the north is currently open towards the pitch and putt course.

5.9 Some of the site would be visible from these dwellings especially during the winter months. However, should the application be approved; the visual impact and any potential disturbance can be reduced by ensuring that the occupancy / siting period of the touring caravans on the site is restricted to holiday use between 1 March and 1 October in any given year. The landscaping plan would also be a means of reducing these impacts. It should also be remembered that the site is currently used as a pitch and putt course and therefore does have some degree of impact in terms of the general amenities of nearby dwellings. It is believed that with relevant conditions to manage the season and implementing a suitable landscaping plan that the proposal to use the site for touring caravans would not cause any unacceptable impact. Consequently, it is believed that the proposal complies with policies B23 and D20 of the GUDP.

Transport and access matters

5.10 The road that leads to the village is a third class road and is currently used by the touring caravans when leaving the site. The proposal would not involve an increase in the numbers of units on the site and the Transportation Unit has stated that it has no objection to the proposal. In the Planning Statement, the applicant states that relocating the touring caravan site to land near the main access would be a way of reducing the movement of caravans through the remainder of the park which would be an internal improvement to the site and existing arrangements. It is therefore believed that the proposal is acceptable on grounds of the requirements of Policies CH33, CH36, B23 and D20 of the GUDP.

Biodiversity matters 5.11 As this site is part of the proposed local designation of the Carreg Goch wildlife site, ecological and species surveys have been completed. Additionally, the Biodiversity Unit asked for a specialist report on the site’s grassland fungi. The study shows that there is a variety of grassland fungi on the site and therefore it is considered that the site is of local importance to grassland fungi. The Biodiversity Unit states that most of the fungi are located outside the area that is to be developed as a caravan site.

5.12 The survey recognises that the development will lead to losing a part of the wildlife site (which is a proposed local designation) however; the survey findings and the observations of the Biodiversity Unit agree that the likely impact would be reduced with mitigating measures that could provide a new habitat i.e. not using the land for pitch and putt uses; installing footpaths and interpretation panels and creating a nature reserve.

5.13 The survey includes clear methods of mitigating any impact on the species and any permission can be bound to comply with relevant conditions relating to adhering to the mitigating methods / recommendations of the survey, including Japanese Knotweed. Additionally, the Biodiversity Unit proposes a condition that the developer should submit a detailed management plan for the wildlife site in the interest of biodiversity. Policy B17 of the UDP relates to protecting sites of regional or local significance and it is considered through adhering to the recommendations included in the survey and the advice provided by the Biodiversity Unit the proposal is not likely to cause significant harm either directly or indirectly to the wildlife site. It is therefore considered that the proposal complies with policy B17 of the GUDP.

Archaeological Matters 5.14 An archaeological Assessment was submitted with the application and the Archaeological Service is satisfied with the outcomes of the report and states that the site does not merit further archaeological intervention. Therefore, it appears that the site does not have substantial archaeological potential and therefore it is not considered that there is a need to impose an archaeological condition on any planning permission. It is therefore considered that the proposal is acceptable in terms of Policy B7 of the GUDP. Flooding matters 5.15 In reading the above report it can be seen that a number of local residents object to the application on grounds of flooding concerns. Natural Resources Wales were consulted and in terms of flood risk they confirm that the land is not located within a flood zone. The majority of the site would continue to have a permeable surface enabling the land to be drained as it does at the moment. Consequently, it is not considered that the proposal is contrary to policy B29 of the GUDP.

The Economy 5.16 A letter of support was received by the North Wales Tourism Partnership stating that the development is of an exceptionally high standard and one that is likely to improve the environment and make a feasible contribution to the local economy. The applicant says that they contribute positively to the local economy by employing a mix of approximately 200 permanent / seasonal jobs during peak holiday seasons. It is considered that the development is likely to contribute positively to upgrading touring caravan facilities in the area and this is consistent with Policy D20 of the UDP.

Response to the public consultation 5.17 Full consideration has been given to the objections and concerns received in relation to this application and it is considered that there are no matters that outweigh the relevant policy considerations and that the application is acceptable in terms of local and national policies and guidelines (subject to including relevant conditions).

6. Conclusions: 6.1 It is considered that the proposal to relocate 45 touring caravans that are currently located within the Greenacres caravan site to a piece of land that is also located within Greenacres and which forms an existing pitch and putt site is acceptable in terms of the abovementioned policies and it is not considered that there would be any unacceptable or detrimental impact on the amenities of the area, nearby residents or the wildlife site.

6.2 Furthermore, it is considered that the location, design, finish and form of the development, including the track, hard standings and new amenity block is acceptable and corresponds with the context of its location. In light of the above assessment with regard to all relevant planning matters including observations made in objection and in support of the proposal and the site’s relevant planning history (including existing conditions) it is considered that the proposal is acceptable for the site and complies with local and national policies and guidance.

7. Recommendation: 7.1 To approve – conditions

1. Five years; 2. Work in accordance with the plans 3. Materials 4. Conditions to restrict occupancy / holiday season (1 March – 31 October) 5. Holiday only condition 6. Limit the total number of caravans on the site to 1036 to include the 45 touring caravans that are the subject of this application. 7. Only touring units to be sited on the pitches shown. 8. External lighting details. 9. Landscaping. 10 Biodiversity Conditions – ecological management plan, Japanese knotweed, mitigating measures etc.

Number : 5

Application Number: C13/0945/44/LL Date Registered: 02/10/2013 Application Type: Full Planning Community: Porthmadog Ward: Porthmadog West

Proposal: INSTALLATION OF WIND TURBINE 11 M TO THE HUB WITH TOTAL HEIGHT OF 13.8 M TO THE TIP OF THE BLADE (5.2 KW ) Location: CEFN , MORFA BYCHAN , PORTHMADOG , LL499YH

Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:

1. Description:

1.1 The application involves constructing a wind turbine on a tower measuring 11m to the hub with a total height of 13.8m to the tip of the blades and a diameter of 5.6m. It is noted that the colour of the turbine would be dark grey. It will generate a power output of 5.2kw.

1.2 The site is located to the northeast of a holding known as Cefn, Morfa Bychan, near an unclassified county road which is approximately 190m to the west and 208m to the north. The site is on agricultural land which is on a slope and the hill behind offers a natural screen in a northerly and easterly direction. In every other direction, the site is surrounded by open fields with a mixture of low walls / clawdd / hedges which means that the structure will be visible from these directions.

1.3 The site is located approximately 275m away from the nearest property, namely Carreg yr Eryr, which is to the northwest; 475m from Plas Treflys to the east and 570m from the house of Pen y Trip which is to the west. The caravan park of Graigddu is to the south west. The boundary of the Snowdonia National Park is located approximately 3.0 km to the southeast on Morfa Harlech and 3.5 km to the north in Penmorfa. Public footpath no. 26 is approximately 200m to the east of the site and there are no footpaths near the site itself.

1.4 The Pen Llŷn a’r Sarnau Special Area of Conservation, which is a European designation, extends to the sand dunes and fields in a southerly direction and is within 30m of the site. The Graigddu wildlife sites are approximately 160m to the west of the site and the wildlife site of Glan y Morfa Mawr is 200m to the east of the site. There is no other turbine near the site. The listed building of the church of St Mihangel, Treflys is located approximately 400 metres to the north and it is not considered that the structure would be visible or conspicuous in the context of the setting of the listed building. There is no other land designation nearby.

1.5 In general, the land to the north is undulating and agricultural in nature and extends from the coastal sand dunes to the south with a substantial variation in the nature and height of the landscape. Consequently, the conspicuousness of the site varies because of local topography and landscape features.

1.6 A Design and Access Statement was received along with technical information and noise performance details as part of the application.

1.7 There is no need to screen a single turbine of this size as it is not in a sensitive area and it does not reach the specific thresholds noted in Schedule 2, Environmental Impact Assessment Regulations.

2. Relevant Policies:

2.2 Gwynedd Unitary Development Plan 2009:

Strategic Policy 1 – The precautionary approach Strategic Policy 2 – The Natural Environment Strategic Policy 4 – Design Standards Strategic Policy 9 – Energy

Policy A1 – Environmental or Other Impact Assessments – Ensure that sufficient information is provided with the planning application regarding any environmental impacts or other likely and substantial impacts in the form of an environmental assessment or assessments of other impacts.

Policy B14 – Protecting the Landscape Character of Snowdonia National Park – Safeguard the landscape character of Snowdonia National Park by refusing proposals which are visually obtrusive and/or are located insensitively and unsympathetically within the landscape.

Policy B15 – Protection of International Nature Conservation Sites – Refuse proposals that are likely to cause significant harm to nature conservation sites of national importance unless they conform to a series of criteria aimed at managing, enhancing and protecting recognised features within such sites.

Policy B33 – Developments that Create Pollution or Nuisance – Protect human amenities, the quality of health and the natural or built environment from high levels of pollution.

Policy C26 – Wind Turbine Developments – Proposals for wind turbine developments on sites within the Llŷn AONB will be refused. In other locations, only proposals for smallscale or community or domestic based wind turbine developments will be approved provided that a series of criteria can be met which relate to the effect on the visual quality of the landscape and environmental and social factors.

Policy CH22 – Cycling Network, Footpaths and Rights of Way – All parts of the cycling network, footpaths and rights of way will be protected by encouraging proposals to incorporate them satisfactorily within the development and by refusing proposals which will prohibit plans to extend the cycling network, footpaths or rights of way. Should this not be possible, appropriate provision will have to be made to divert the route or to provide a new and acceptable route.

2.3 National Policies: Planning Policy Wales (Fifth edition, November 2012) Technical Advice Note 8: Renewable Energy (2005) Technical Advice Note 11: Noise (1997)

LANDMAP Information Guidance Note, Countryside Council for Wales, Number 3 – using Landmap for Visual Assessment of Onshore Wind Turbines (June 2010)

3. Relevant Planning History:

3.1 C08D/0281/44/LL Excavating ground to erect a garage – Cefn, Morfa Bychan – Approved 31 July, 2008.

4. Consultations:

Town Council: Object as it would be within 200 yards of the highway and it would have a negative impact on the beauty of the area and a negative impact on tourism and the area’s economy.

Snowdonia National Park: No observations to submit.

Biodiversity: No observations to submit.

Gwynedd Archaeological No response. Planning Service:

Welsh Water: No impact on Welsh Water assets.

Natural Resources Wales: No objection to the proposal.

Public Protection Unit: No objection subject to conditions.

BBC Spectrum Planning: No response

Arquiva: No detrimental impact on the BBC and ITV transmission network, therefore no objection to the application.

SP Energy Networks: Offering advice to the developer regarding the location of nearby electricity cables.

NATS: No objection.

OFCOM: No objection.

Crown Castle: No response

MOD: No objection to the proposal.

Asset Protection Team: No response

Public Consultation: A notice was posted on the site and nearby residents were informed. The consultation period ended on 28 October, 2013 and six letters / items of correspondence were received objecting on the following grounds:

• Stating that the site was in close proximity to a SSSI designated site and concerned about the impact of the turbine blades on protected birds. It is deemed that a conservation survey should be undertaken. • Concern regarding the negative impact of noise on residents of the nearby caravan park and the development is visible from the coastal path. • Concern regarding the impact on the tourism industry as a consequence of its enormity. • Stating that the development is an eyesore and the renewable energy scheme would be ineffective at generating energy. • Stating that a decommissioning strategy was not provided with the application and it would be contrary to policy C26 of the unitary plan. • Concern about the impact on the character of the area and likely to have a detrimental effect on the visual quality of the landscape and would be visible for a distance of approximately 26km. • Concern about the likely impact of the turbine in spooking horses, individual horse riders and groups using the nearby road.

5. Assessment of the material planning considerations:

Principle of the development

5.1 TAN 8: Energy, considers the contribution of wind turbines for generating ‘clean’ electricity as a national requirement and is one of the principal aims of the Assembly’s energy policy. The Welsh Government is of the opinion that wind power offers the greatest potential, in the short term, to increase electricity generated from renewable sources.

5.2 No Strategic Search Areas have been identified within Gwynedd for largescale wind turbine developments and, therefore, any development must be assessed on the basis of the policies in the local development plan.

5.3 Whilst TAN 8 notes clearly that there is an implicit objective to maintain the quality of the landscape within National Parks and Areas of Outstanding Natural Beauty, Planning Policy Wales also notes that smallscale developments or developments on a domestic scale could be appropriate, provided they are located and designed sensitively and subject to all other material planning considerations.

Visual Amenities and the Landscape

5.4 Policy C26 of the GUDP deals with wind turbine developments and in accordance with this policy there is a presumption in favour of approving small scale, community or domestic based wind turbines, provided that the noted criteria can be complied with.

The criteria request that there will be no significant adverse effect on the setting of the Snowdonia National Park; that ancillary developments are designed in a suitable manner; that there will be no substantial adverse effect on the landscape or on nature conservation features; that there will be no effect on amenities such as noise or light reflection or shadow flicker; that there will be no significant electromagnetic interference; an adequate provision for decommissioning, restoring land etc. and no significant harm to areas of archaeological importance.

5.6 In respect of Policy C26 of the GUDP, the value of the landscape must be considered and assessed in the context of the application. In terms of the character of the landscape, the Landmap data base identifies the site as a rolling farmland mosaic of moderate visual value.

5.7 The site is near the Pen Llŷn a’r Sarnau Special Area of Conservation and near the beach and local feature of Graigddu. The site is also within 3.0 km of the boundary of the Snowdonia National Park in Morfa Harlech where there is low level coastal land, and approximately 3.5 km to the north is the boundary of the National Park where there is mountainous land of an open upland nature. In terms of the impact of the proposal on views out from higher ground within the Park, it is possible that it would be visible but the distance, along with the height of the turbine, in the context of the surrounding landscape, would mean that it would not be a detrimental impact. Also, it is not considered that a wind turbine measuring 13.8m in height to the tip of the blades, which would be erected against a background of undulating hills would be visible on the horizon looking from coastal viewpoints and from the boundary of the Park from the direction of Morfa Harlech. Any likely visual effect the turbine will have could also be reduced by ensuring it is painted in an appropriate shade of grey. In assessing the proposal in the context of its location, it is not considered that it is likely to have a significant detrimental effect on prominent views or on the setting of the landscape. It is not considered either that this proposal would have a substantial detrimental impact on nature conservation features of the area.

5.8 It is not believed that the proposal is likely to harm the Park’s special character and features by causing significant visual intrusion and/or being insensitively sited and not in keeping with the landscape, as is noted in Policy B14. This is based on the fact that the visual impact of the turbine is quite limited because of its position and the background to it, together with its ability to blend into the surrounding landscape. The character of the landscape is important in terms of attracting tourists and it is not foreseen that there is great conflict with, and a detrimental impact on the aims of safeguarding the tourist economy.

5.9 In terms of the remaining criteria of Policy C26 of the GUDP, there is no request for an equipment cabin, a compound or storage area; there are no nature designations on the site and no objections have been received from Natural Resources Wales in terms of nature conservation in the area. The nearby houses (except for Cefn itself) are at least 275m away and it is not considered that they would be likely to experience light reflection or shadow flicker, and noise levels could be made a condition to keep control of the situation.

5.10 Following consultation with the relevant bodies, it is not considered that there will be electromagnetic effect / interference and it is not believed that there will be any adverse effect on areas of archaeological importance as there are no local designations. An objector had concerns regarding decommissioning and it is considered that a condition could be imposed to ensure that the turbine is decommissioned and the land restored to its original condition if it is found that the turbine has been redundant for nine months.

5.11 It is acknowledged, given the nature of the proposal, that it will be visible from a number of public places and roads, but because of its location, its size and the nature of the area that forms its background, it is believed that most of the views from the nearby roads and surrounding areas would be glances (except to the south and west, but the turbine would be set against a background of a hill from this direction). On this basis it is not believed that there will be any significant negative impact on the visual amenities of the landscape than what already exists.

5.12 Given the above it is not believed that the proposal is contrary to Policies C26 or B14 of the GUDP.

Noise, shadow casting and residential amenities

5.13 There are dispersed houses nearby, namely, Carreg yr Eryr which is 275m to the north west; Plas Treflys which is 475m to the east and the farm of Pen y Trip which is 475m to the west and national guidelines state that the problem of shadow casting from a turbine is unlikely to be a problem over distances of 180m, therefore there is no concern regarding such an effect in this case.

5.14 The Public Protection Department has responded to the consultation and stated that there are no objections in terms of noise and shadow flicker, subject to appropriate conditions to alleviate any impact. There is no objection to the development from organisations that safeguard the interests of transmission systems and, therefore, it is not considered that there will be any adverse effect on such systems as a consequence of this development.

5.15 It is not considered that the proposal will have a detrimental impact on the amenities of the nearby residential properties; therefore, the development complies with policies B23, B33 and C26 of the GUDP.

Transport and access matters 5.16 The Transportation Service is of the opinion that the development would not have any adverse impact on any roads or public footpaths. It seems that there will be some heavy traffic during the construction period of the turbine but subsequently the proposal is unlikely to result in any unacceptable addition in traffic to or from the site. Concern has been expressed by a neighbour with respect to the rotating blades spooking horses being ridden and it must be noted that there are no public footpaths within 200 metres and the unclassified county road is approximately 190 metres to the west. The boundary hedges and stone walls of the field separate the footpaths and the roads from the turbine and it is not considered that the proposal would conflict with the requirements of policy CH22 and CH33.

Biodiversity Matters 5.17 The site is agricultural land that has not been designated as land with any biodiversity value and Landmap identifies the land as improved grassland of low habitat value. Its location is approximately 30 metres away from protected habitats and to this end, the Biodiversity Unit and Natural Resources Wales were consulted and neither had any objections to the proposal. It is considered unlikely that the wind turbine will cause any harm to protected habitats and species and, therefore, it is considered that the proposal is consistent with policy B15 of the GUDP.

Archaeological Matters 5.18 There is no archaeological history to the site and no relevant observations have been received from the Archaeological Service. Therefore, it is not considered that there will be any adverse impact on Archaeology as a consequence of this development.

Any other considerations

5.19 When considering the application and its context and as a consequence of the height of the 13.8m high wind turbine, there is a need to be aware that there are permitted development rights in some cases for owners of houses to erect wind turbines up to a height of 11.1 metres high, in accordance with the Town and Country Planning Act (General Permitted Development) (Amended) 2012: Class H – Independent wind turbine. In this case, it could be argued that it is possible to erect a wind turbine within the curtilage up to 11.1m in height under permitted development rights and it is not believed that the visual impact would be any different if a wind turbine measuring 13.8m was erected on a site adjacent to the curtilage.

6. Conclusions:

6.1 Due to the nature of these types of developments, it is very difficult to integrate them into the landscape. It is therefore necessary to carefully weigh up any impact on the landscape against economic benefits along with the national aim of promoting developments that generate renewable energy.

6.2 The site is agricultural land outside a national land designation of a Special Area of Conservation and it is set against a background of undulating landscape approximately 3.0km away from the boundary of the Snowdonia National Park. It is not believed that a proposal of this size would draw attention from nearby roads, and views towards the site from the coast and from the National Park would have the turbine set against the backdrop of the landscape. Because of the size of the turbine and the nature of the landscape it is considered that the turbine would only be visible from places in close proximity. It is considered that the effect of the turbine on the landscape can be alleviated by imposing a relevant condition that the turbine is to be grey in colour to ensure that it merges better into its background.

6.3 Having considered all the policies and relevant planning matters it is not believed that the development to erect a wind turbine 13.8m in height is likely to have a significant negative effect on the landscape and in the context of national policies relating to renewable energy and local policies relating to the landscape, amenities and renewable energy it is not believed that the proposal is contrary to these relevant policies.

6.4 On the basis of the above, it is believed that the proposal is acceptable subject to relevant conditions.

7. Recommendation:

7.1 Approve – conditions 1. Commence work within 2 years 2. Work to be in accordance with the plans 3. Colour 4. Noise 5. Shadow casting 6. Submit details of ancillary equipment 7. Decommissioning

Number: 6 Application Number: C13/1047/35/LL Date Registered: 31/10/2013 Application Type: Full - Planning Community: Cricieth Ward: Cricieth

Proposal: CHANGE OF USE OF FORMER COUNCIL DEPOT TO DOMESTIC DWELLING Location: FORMER COUNCIL DEPOT, MAESTYNGELLHESG, CRICIETH, GWYNEDD, LL520HH

Summary TO DELEGATE POWERS TO APPROVE of the recommendation:

1. Description:

1.1 This is a full application to convert an outbuilding into a two-bedroom living unit including minor external alterations to include a dormer window in the northern elevation of the building. It is not intended to extend the building.

1.2 A detached two-storey low-level building is the subject of the application and a curtilage and car park surrounds the building already. The building has been finished in a combination of brick, render and natural stone under a natural slate roof. The site is located to the rear of residential housing, namely Min y Traeth and Glasfor Terrace which are located to the south and west of the site. An artist/craftsman’s studio and a craftsworkers’ storage area abuts the site to the west. To the north of the site, private garages and stores are located. It is not intended to extend the building as part of the proposal of converting the building; however, it is intended to create a small dormer window in the roof of the building on the northern elevation.

1.3 The site is used as a storage area associated with the applicant’s existing business and the site was used historically as a Council depot and was sold to the applicant in 2009. A strict covenant was placed on the property as part of that sale which prevented it from being used for any residential purposes.

1.4 The site is located within the development boundary of Cricieth in the Gwynedd Unitary Development Plan 2009 and is located within the Cricieth Conservation Area. The building is not listed. The application was submitted as a result of action being taken by the Planning Service’s Enforcement Unit after it had received complaints that residential use was being made of the building and of a touring caravan located on the site. Following research by the Unit, it appears that casual residential use is made of the site.

2. Relevant Policies:

POLICY B4 – DEVELOPMENT WITHIN OR AFFECTING THE SETTING OF CONSERVATION AREAS – Ensure that proposals within conservation areas, or which affect their setting, are refused unless they aim to maintain or enhance the character or appearance of the conservation area and its setting.

POLICY B20 – SPECIES AND THEIR HABITATS THAT ARE INTERNATIONALLY AND NATIONALLY IMPORTANT - Refuse proposals which are likely to cause disturbance or unacceptable damage to protected species and their habitats unless they conform to a series of criteria aimed at safeguarding the recognised features of the site.

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

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

POLICY B24 – ALTERING AND EXTENDING BUILDINGS WITHIN DEVELOPMENT BOUNDARIES, RURAL VILLAGES AND THE COUNTRYSIDE - Ensure that proposals for alterations or extensions to buildings conform to a series of criteria aimed at protecting the character and amenity value of the local area.

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

POLICY B33 – DEVELOPMENT THAT CREATES POLLUTION OR NUISANCE - Protect public amenities, health and the natural or built environment from high levels of pollution.

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

POLICY C3 – REUSING PREVIOUSLY DEVELOPED SITES - Proposals which give priority to reusing previously developed land or buildings and are located within or adjacent to development boundaries will be permitted if the site or the building and use are appropriate.

POLICY C4 – ADAPTING BUILDINGS FOR RE-USE – Proposals to adapt buildings for re-use rather than demolish them will be approved provided they conform to specific criteria regarding the suitability of the building, visual considerations, design and the effect on the vitality of neighbouring towns and villages.

POLICY CH11 – CONVERSION OF BUILDINGS WITHIN THE DEVELOPMENT BOUNDARIES OF LOCAL CENTRES AND VILLAGES FOR RESIDENTIAL USE - Proposals to convert buildings for residential use within the development boundaries of villages and local centres will be approved provided they conform to criteria relating to local need, impact on holiday accommodation and community services and occupancy of the dwelling.

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

Gwynedd Design Guidelines (April 2003).

2.3 National Policies :

Planning Policy Wales (Fifth edition - November 2012) Chapter 4 Planning for Sustainability Chapter 6 Protecting the Historical Environment Chapter 8 Transportation

Technical Advice Note 12: Design Technical Advice Note 18: Transportation

3. Relevant Planning History:

3.1 No formal planning history belongs to this particular site.

4. Consultations:

Town/Community Council: No objection to the application as it improves the image of the area.

Transportation Unit: No objection to the proposal. The site includes various parking spaces and therefore, I assume that it will be possible to provide two parking spaces of a standard size within the curtilage. The front of the site is already open for vehicular access; therefore I have no recommendations to make in this case.

Natural Resources Wales: Recommend that a consultation is undertaken with the Council’s Biodiversity Unit to assess the need for a bat survey. Should a survey be required, would appreciate a further consultation regarding its contents.

Welsh Water: Propose standard conditions regarding the drainage of surface water should the Council wish to approve the application.

Property Unit: Confirm that a covenant is attached to the property which prohibits the use of the property as a residential dwelling.

Conservation Officer: Not received Public Protection Unit: The site could be contaminated, recommend that a desk survey is undertaken to assess the potential contamination risk for the site.

Biodiversity Unit: Following a site visit, I am of the view that submitting a bat survey would be unsuitable. The applicant / developer should be cautious of the low possibility that bats use the building. Should bats be discovered during the building phase, the work should be stopped immediately and Natural Resources Wales should be contacted at once.

Public Consultation: A notice was placed in the press and on the site, and nearby residents were informed. The advertising period ends on 2 January 2014 and one letter / petition with four signatures on it has been received, objecting on the following grounds:

 That a strict covenant exists on the property which prevents any residential use being made of it and the terms of that covenant should be adhered to;  That the area surrounding the application site had been traditionally used as private garages and for light industry and retail. The proposed residential use is not in keeping with existing uses and it would set a precedent for similar uses in the future;  The site is within a conservation area and the applicant has a number of vehicles which would cause parking problems in the area.

Three letters were received which provided observations on the application on the grounds of:

 The area has been used historically as private garages, for light industry and for retail purposes;  Concern that this would lead to an increase in the density of residential units in an area which has a high density already;  Concern that approving the application would lead to a precedent for similar developments in the future which would have a detrimental impact on the character of the conservation area;  The loss of parking spaces for the Min y Traeth residents would lead to further traffic problems. Parking problems exist already because of the narrow nature of the road;  The property is already used as a residential property;  Business use is made of the property already, concern of parking implications as a result of the use in question;  If the application is approved, the development should be implemented in accordance with any permission granted;  Concern that the roads near the development are narrow and this could affect road safety and the ability of the emergency services to gain access;  If the application is approved, the use should be restricted to residential only and not for the other businesses of the applicant. 5. Assessment of the material planning considerations:

Principle of the development

5.1 In general, planning policies within the Gwynedd Unitary Development Plan support applications for reusing buildings within the development boundaries of local centres, provided that they are appropriately assessed. Policy C1 of the Gwynedd Unitary Development Plan involves locating new developments, stating that the main focus for new developments should be within development boundaries. This site is located in the centre of Cricieth town centre and within the development boundary of the town as noted in the GUDP. Therefore, the proposal complies with the requirements of this policy.

5.2 Policy C3 of the GUDP relates to reusing previously used sites. In addition, policy C4 relates to adapting buildings to be reused. These policies seek to promote the reuse of existing sites and buildings provided that the building is suitable in terms of its current form and that the proposed use is suitable. The building appears to be structurally sound. No extensions are proposed as part of the proposal and it is considered that the proposal respects the form and character of the original building. It is considered that the building is suitable for the proposed residential use and that it complies with both abovementioned policies.

5.3 Policy CH11 of the GUDP supports the conversion of buildings within the development boundaries of local centres for residential use, provided that specific criteria are met. The building was last used as a storage area / depot. The proposal offers an addition of one residential unit to the existing housing stock. As only one residential unit is under consideration in this application, it is not considered that it is appropriate or practical to restrict the occupancy of the unit to general local need for an affordable unit. Therefore, it is not considered that the proposal is contrary to the requirements of policy CH11 of the GUDP which involves the conversion of buildings within the development boundaries of local centres for residential use.

Visual amenities and the impact on the conservation area

5.4 Policy B22 of the GUDP relates to the design of buildings. It is considered that the adaptations described above respect the original building in terms of scale, size, form, density, design and symmetry and that they are minor to the original building. The proposed dormer window on the northern elevation is of an acceptable size and design. In addition, a condition could be imposed on any permission to ensure that conservation-type roof-lights are installed in the building to ensure that the visual amenities of the conservation area are protected. Therefore, it is considered that the proposal complies with the requirements of this policy.

5.5 Policy B24 of the GUDP relates to making alterations and extending buildings. It is considered that the design and scale of the conversion are in keeping with the main building and the local area as they are relatively modest. Therefore, it is considered that the proposal complies with the requirements of this policy.

5.6 Policy B25 of the GUDP relates to building materials. It is proposed to impose a condition on any permission noting that an agreement should be reached regarding the external finishes of the building to ensure that the finishes are in keeping with the main building and other buildings within the conservation area. Therefore, it is considered that the proposal complies with the requirements of this policy. 5.7 Policy B4 states that developments within conservation areas should maintain or enhance the character or appearance of the conservation area and its setting. Currently, some of the building’s openings have been boarded up and it is considered that the condition of the building is generally untidy. It is considered that residential use would improve the appearance of the site, and thus improve a part of the conservation area in general. To ensure that space around the property will be retained for parking purposes and as the property is within a conservation area, it is considered reasonable to impose conditions to retain parking spaces and retain a garage as shown on the submitted plans and that permitted development rights for adaptations, extensions and curtilage buildings are removed to ensure that there will be an acceptable parking provision for the unit in future, and to protect the visual amenities of the conservation area. In addition, as the site is relatively narrow and as it is in a conservation area, it is deemed appropriate to withdraw the right to keep a caravan within the curtilage without the Council’s prior consent in order to protect the amenities of the conservation area. It is considered that the proposal would comply with the criteria of policy B4 if the conditions referred to above are included.

General and residential amenities

5.8 Policy B23 of the GUDP relates to the protection of amenities. A number of houses are located in the area surrounding the site. It is unlikely that one residential unit would cause additional effects in terms of noise and traffic bearing in mind the previous use of the building as a Council depot. As was explained in paragraph 5.7 above, there is potential here to improve the appearance of this part of the conservation area in general. One window in the southern elevation faces the Min y Traeth houses. Nevertheless, this window’s purpose is to allow light into the stairwell of the building and it is not a habitable room. There are no concerns about overlooking into nearby residential properties. Therefore, it is not considered that there will be a harmful impact on the amenities of nearby residents.

5.9 Consequently, it is considered that the proposal does not have a detrimental effect on the amenities of the area or any neighbouring individuals; therefore, the proposal complies with the requirements of policy B23 of the GUDP.

Transport and access matters

5.10 Policy CH33 and CH36 of the GUDP relate to safety on roads and streets and private parking facilities. The proposal does not include opening a new access or changing the current entrance. Letters of objection were received, along with observations regarding matters relating to transport and access. The access road to the site from Ffordd Penpaled is relatively narrow; nevertheless, it must be borne in mind that business use is currently made of the site and that the site has been used as a depot in the past. It is considered that establishing a dwelling within the building is likely to lead to a reduction in traffic density and the Transportation Unit has no objection to the proposal. Also, there are sufficient parking spaces within the curtilage of the property.

5.11 Therefore, it is considered that the proposal is acceptable in respect of Policies CH33 and CH36 of the GUDP.

Biodiversity matters 5.12 Policy B20 of the GUDP involves protecting species and their habitats that are internationally and nationally important. In response to the consultation, Natural Resources Wales recommended that the Planning Service should consult with the Council’s Biodiversity Unit regarding the presence of bats in the building. It is understood that a consultation with officers from the Biodiversity Unit has taken place prior to the submission of the application and in response to the consultation it was stated that no bat survey needed to be prepared. They recommend that the applicant should contact Natural Resources Wales at once should a bat roost be discovered during the building work, and it is intended to include this as an advisory note should the Committee approve the application. Therefore, it is considered that the proposal complies with the requirements of this policy.

Contaminated land matters

5.13 Comments were received from the Public Protection Unit noting that there is a possibility that the land is contaminated considering the historical use of the site. Consequently, the applicant was asked to prepare a desk survey to undertake an assessment of the potential risk for the site of the proposed development. It is believed that the application can be approved subject to receiving an assessment of the potential risk. If an acceptable assessment is received, it is considered that the proposal would comply with the content of policy B33 of the GUDP.

Response to the public consultation

5.14 Four pieces of correspondence were received in objection to the proposal and observations were made regarding the proposed development. One petition with four signatures on it was also received.

5.15 Many letters state that a strict covenant is imposed on the property which prohibits it from being used for residential purposes. Confirmation was received from the Property Unit that such a covenant does exist on the property and that the applicant would need to ensure that the covenant is removed before any permission is implemented. The existence of the covenant in itself does not prevent the Committee from approving the application as this covenant is not a material planning consideration. An advisory note could be included on any permission, referring to the covenant and the implications in terms of the breach of the law carried out as a result of failing to comply with the covenant.

5.16 Some letters were received which expressed concern that the proposed use was not in keeping with the existing uses nearby. Nevertheless, considering that the proposed use is less intense and has the potential to create less disturbance, it is not considered that the proposal is unacceptable. In addition, the land has not been designated for employment in the GUDP and houses are located nearby; therefore, it is assumed that there is no objection to the proposal from this perspective. In addition, it is not considered that an increase of one residential unit would lead to an unacceptable increase in the density of residential units in an area that has a relatively reasonable density already.

5.17 There is also concern that approving this application would create a precedent for similar developments which would have a harmful impact on the conservation area. The site is located within the development boundary of the GUDP and is acceptable in relation to the policies listed above. In addition, each application is considered according to its own merits, and it is not considered that an unacceptable precedent would be established should the committee wish to approve this application. 5.18 Concerns were expressed that the property could be used for business purposes and it is considered that conditions should be imposed on any permission to ensure that no unapproved business use is made of the site. Any material change in the use of a property usually requires planning permission, and any breach of planning regulations could be dealt with through the usual enforcement process, should that happen. Therefore, it is not considered that a condition needs to be imposed to prevent any potential business use.

6. Conclusions:

6.1 Based on the above assessment, and having considered the relevant planning matters, it is not considered that the proposal is contrary to local and national planning policies and guidelines noted in the assessment, nor are there any material planning considerations that state otherwise. Based on the above, it is considered that the proposal is acceptable subject to the inclusion of standard suitable conditions, and the conditions referred to in this report.

7. Recommendation: 7.1 To delegate powers to the Senior Planning Manager to approve the application subject to receiving a desk study from the applicant to assess the risk of pollution which is acceptable to the Public Protection Officers, and the following conditions:

1. Commence the development within five years; 2. In accordance with the submitted plans; 3. Materials (slates and walls) to be agreed before any development is commenced; 4. Withdrawal of permitted development rights for adaptations, extensions and curtilage buildings; 5. Timber framed windows; 6. No caravans within the curtilage of the site; 7. Conservation-type roof lights; 8. The garage/vehicle space will only be used for the benefit of the occupier of the dwelling of which it forms a part of and their visitors and for no other purposes; and it must be permanently retained in that way unless the local planning authority agrees in writing that this use can be varied.

Notes

1 To inform Natural Resources Wales at once should bats be discovered during the building work; 2 Need to draw attention that the strict covenant imposed by the Council’s Property Unit preventing it from being used for residential purposes is removed before work is undertaken on the property.

Number 7 Application Number C13/1052/22/MW Date Registered: 18/10/2013 Application Type: Minerals Community: Llanllyfni Ward: Llanllyfni

Proposal: REMOVAL OF MATERIAL FROM A MINERAL WORKING DEPOSIT TOGETHER WITH ANCILLARY PROCESSING OPERATIONS

Location: Dolbebin Slate Tip, Talysarn, Caernarfon, Gwynedd

Summary of the TO REFUSE PLANNING PERMISSION Recommendation:

1. Description:

1.1 The site is located on the south side of the Nantlle valley adjacent to the Bro Silyn housing estate and approximately 160m north-east of Tanrallt.

1.2 The proposal includes for 7,500m² of working within part of a mineral working deposit measuring 3.16ha, together with ancillary processing operations and compound area located on adjacent low-lying land. Amended plans received on the 12th December 2013, indicate a reduced footprint of the ancillary processing area and site compound.

1.3 A total of 150,000 tonnes is to be removed over a period of 8 years and only part of the tip would be worked and is the subject of this application, i.e. average of 19,000 tonnes of slate waste removed per annum at a rate of up to six, 15-20 tonne loads per day. The total resource of slate held within the whole tip is in the order of 2 million tonnes. The exploitation of the remainder of the mineral resource would be the subject of separate planning application and screening under the provision of the EIA Regulations.

1.4 It is proposed that the development be served by a dedicated haul route permitted under planning permission C11/1140/22/LL with direct access onto the B4418, i.e. the same as for the permitted development rights established under Part 23 Class B on 15th November 2012, for the removal of material from a mineral working deposit on adjacent land. It should be noted however that the permission for an access track under C112/1140/22/LL is time-limited to expire in July 2015.

1.5 The application statement confirms the method of working by utilising a 360º digger as well as hand selection, to commence extraction from the top of the tip in 3-4 metre high benches. From the application details, the proposal includes working Monday to Friday from 8.00am to 6.00pm together with Saturday working for haulage and materials loading from 9.00am to 12.00 noon;. 1.6 The application details also include provision intended for mitigation in that the smaller of the two slate waste tips, which is subject to permitted development under Part 23B of the GPDO 1995, will remain untouched so as to act as a buffer between the site operations and the settlement of Tanrallt, in the event that planning permission was granted for this planning application.

1.7 The proposed development does not fall within the description and criteria set out in Schedule 1 of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999. The development does fall within the description of development set out in paragraph 2 to Schedule 2 of the Regulations (quarries, open cast mining and peat extraction). Having screened and assessed the proposal in accordance with the development criteria under Schedule 3, it is considered that the likely impact of the development on the environment is insufficient to justify the submission of an environmental impact assessment with the planning application.

2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009:

 STRATEGIC POLICY 2 -The Natural Environment  STRATEGIC POLICY 3 - Built and Historic Environment  STRATEGIC POLICY 7 – Minerals  STRATEGIC POLICY 16 - Employment  POLICY A3 – Precautionary Principle. Refuse proposals if there is any possibility of serious or irreversible damage to the environment or the community unless the relevant impact assessment can show beyond doubt at the end of that the impact can be avoided or alleviated.  POLICY B7 - Sites of Archaeological Importance. Proposals that will damage or destroy archaeological remains of national importance or their setting (whether scheduled or not) will be refused. A development which affects other archaeological remains will be permitted only if the need for the development overrides the significance of the archaeological remains.  POLICY B10 - Protecting and Enhancing Landscape Conservation Areas. Safeguard and enrich Landscape Protection Areas by ensuring that proposals conform with a series of criteria aimed at avoiding significant damage to recognised features.  POLICY B12 - Protecting Historic Landscapes, Parks and Gardens. Protection of landscapes, parks and gardens of special historic interest in Wales from developments which will cause significant harm to their character, appearance or setting.  POLICY B14- Protecting the Landscape Character of the Snowdonia National Park. Protecting the Landscape Character of the Snowdonia National Park. Proposals which would adversely affect the qualities and special character of the Snowdonia National Park will be refused unless they can comply with a series of criteria which aim to manage, enhance and protect the Park designation.  POLICY B17 - Local Wildlife Sites. Refuse proposals that are likely to cause significant harm to sites of regional or local significance unless they comply with a set of criteria which aim to protect, promote and manage recognized features of these sites.  POLICY B20 - Species and Their Habitats That Are Internationally and Nationally Important. Refuse proposals which are likely to cause disturbance or unacceptable damage to protected species and their habitats unless they conform to a series of criteria aimed at safeguarding the recognised features of the site.  POLICY B21 - Wildlife Corridors, Habitat Linkages and Stepping Stones. Safeguard the integrity of landscape features which are important for wild flora and fauna unless it can be shown that reasons for the development override the need to maintain the features and that mitigating measures can be provided.  POLICY B23 - Amenities. Protection of the amenities of local communities through securing that, proposals comply with a series of criteria which aim to protect recognized features and the amenities of the locality.  POLICY B32 - Surface Water. Proposals that do not include flood minimisation or mitigation measures that will reduce the volume and rate at which run off reaches rivers and other watercourses will be refused.  POLICY B33 – Development That Creates Pollution or Nuisance. Protection of public health, safety or amenities, or to the quality of the built or natural environment as a result of higher levels of pollution.  POLICY C9 - Mineral Development Outside The Llyn Area of Outstanding Natural Beauty. To permit sites for mineral development based on a series of criteria which involve the principles concerning the amenities of local residents, landscape impacts, operational details and the means of working the material produced.  POLICY C10 - Contribution to the Supply of Aggregates. To have regard to current national policy for maintaining a landbank of aggregates minerals and the relevant guidance in Minerals Technical Advice Note MTAN (Wales) 1: Aggregates.  POLICY C12 - Buffer Zones. Planning applications for mineral extraction within the buffer zones identified on the proposals maps will be refused unless a new buffer zone can be provided to reflect the minimum distances referred to in MTAN1: Aggregates.

 POLICY C13 – Slate. Proposals for extracting and working slate must conform to a series of criteria in Policy C9 together with geotechnical and economic justification, that there is a need for the development and that the existing quarry cannot fulfil that need.  POLICY C14 - Restoration and Aftercare. Applications for mineral working will be refused unless a scheme for restoration, aftercare and afteruse, including details of proposed funding is included.  POLICY C15 – Removal of Material form a Mineral-Working Deposit. Proposals for moving material from mineral working deposits must conform to Policy C7 as well as a number of criteria including matters concerning relocation of the material.  POLICY CH28 - Impact of Development on Journeys. Proposals for developments on a large scale will be refused if they cause a substantial increase in the number of journeys made in private vehicles where measures to reduce the environmental impact have not been introduced. Developments which are planned and designed in a way that promotes the most acceptable environmental and sustainable modes of transport will be favoured.  POLICY CH33 - Safety on Roads and Streets. Development proposals will be approved if they can conform with specific criteria regarding the vehicular entrance, standard of the existing road network and traffic calming measures.

2.3 National Policies:

 Policies, guidance and general principles set out in the Welsh Government Minerals Planning Policy (Dec 2000),  Policies, guidance and general principles set out in the Welsh Government Planning Policy Wales November 2012,  Policies, guidance and general principles set out in the Welsh Assembly Government Technical Advice Note (Wales) 5: Nature Conservation and Planning (2009),  Policies, guidance and general principles set out in the Welsh Assembly Government Technical Advice Note (Wales) 6: Planning for Sustainable Rural Communities (2010),  Policies, guidance and general principles set out in the Welsh Assembly Government Technical Advice Note (Wales) 11: Noise  Policies, guidance and general principles set out in the Welsh Assembly Government Technical Advice Note (Wales) 18: Transport  Policies, guidance and general principles set out in the Welsh Assembly Government Minerals Technical Advice Note (Wales) 1: AGGREGATES (March 2004),

3. Relevant Planning History:

3.1 Planning application C11/1140/22/LL, granted subject to conditions on 30th July 2013 for the construction of a new track to serve slate tip together with creating a new access, time-limited to expire in July 2015. 3.2 Notification and submission of appropriate details in accordance with Part 23, Class B to Schedule 2 of the General Permitted Development Order 1995 received on 26th October 2012, to remove material from the smaller of the two mineral-working deposits at Dolbebin, Tanrallt.

4. Consultations:

Llanllyfni Community Support the application on the grounds that the Council: authority should have a strategy in place to remove slate tips in the Nantlle Valley. Environmental Health: Recommend that the application be refused for the following reasons;  Sensitive properties within a buffer zone as defined under policy C12 of the Unitary Development Plan and as recommended in Minerals Planning Policy Wales with properties at Bro Silyn & Glyn Isfryn within 100m of the development boundary,  Noise and dust reports submitted with the application reflect the requirements of the relevant guidance in MTAN1,  Noise report states that operations at the site are predicted to be 20 decibels above existing background noise levels at adjacent sensitive properties, whereas MTAN1 states that noise from mineral workings should be restricted to 10 decibels above the specific background noise level,  The applicant has failed to demonstrate that the proposal in terms of noise impacts, is able to comply with the requirements of MTAN1.

Gwynedd Highways & No objection. Transportation Unit:  In terms of transport, an average output of 4 loads per day is acceptable and unlikely to have an adverse impact on the local road network.  Cross-sections submitted with the application indicate the extent of extraction is not immediately adjacent to Lon Ddwr and is unlikely therefore to undermine the local road infrastructure.

Welsh Water: No Response Natural Resources Wales: No objection subject to the following observations;

 Permitting and pollution prevention aspects subject to pre-application advice issued on 29nd May 2012 which confirms a number of watercourses in the area linked to the Afon Llyfni,  Statutory obligation to prevent runoff into watercourses and a need therefore to protect these watercourses from slate fines, as slate contains aluminium which will cause a decline in fish population if allowed to enter the Afon Llyfni,  Satisfied that the Ecological Report has been carried out to an acceptable standard and further advise that the proposed mitigation measures are adhered to,  Proposal unlikely to have adverse impacts on water voles, otters and bats,  Recommend that further advice is sought from the authority’s internal ecology adviser with respect to local biodiversity and other species and habitats listed in section 42 of the Natural Environment and Rural Communities Act 2006. Gwynedd Archaeological  Concur with the findings of both the Planning Service: Archaeological Assessment and ASIDOHL2 report (Assessing the Significance of Impacts of Development On Historic Landscape),  Numerous post-medieval industrial archaeological remains affected by the proposed mineral extraction and the potential for further remains revealed during the course of extraction that are currently hidden under the slate waste,  Should planning permission be granted, include a planning condition to ensure appropriate archaeological mitigation is undertaken prior to and during the proposed development to secure an agreed level of archaeological recording,  ASIDOHL assessment concludes a moderate impact on the Nantlle Valley Landscape of Outstanding Historic Interest due to the extraction area being shielded to the north and east by natural hillslopes and quarry tips.  Essential that the north-facing part of the tip complex is not disturbed, in that any deviation from the application plans would have a considerable impact on the registered landscape of historic interest,  Authority to consider the issue of effective monitoring, given the potential accidental disturbance and encroachment of plant machinery outside of the area of development.

National Park Authority: No Response

Scottish Power: No Response Gwynedd Council  Current proposals are not considered to have a Economic Development: negative impact on the Slate Quarries World Heritage Site Bid. Setting a precedent for further planning consents however may constitute a negative impact,  Similar planning proposals for minerals development to be considered on their own merits not as a matter of precedent,  Site of archaeological importance requires specific features to be recorded or conserved,  Proposal will have a moderate impact on historic landscape. Further developments however may have a detrimental impact on the integrity of the attributes of the Historic Landscape in light of the World Heritage site bid,  Employment opportunities is likely to be welcomed locally,  Possible effects attributed to noise, dust and pollution of watercourses having an impact on the developing vision for Dyffryn Nantlle as an outdoor tourist destination.

Inspectorate of Quarries: No Response.

Gwynedd Council Flood A watercourse runs through or is adjacent to the site. Risk Management and Recommend the following conditions on the grant of Coastal Erosion: any permission in the interests of the amenities of the area and neighbouring properties;  The developer shall safeguard the watercourse and submit details of such provision for the approval of Gwynedd Council in accordance with Section 23(1) of the Land Drainage Act 1991,  The cost of safeguarding the watercourse shall be borne by the developer,

The above conditions shall also apply if it is the intention of the developer to culvert the watercourse in accordance with Section 263 of the Public Health Act and Section 23(1) of the Land Drainage Act 1991. Gwynedd Council To refuse planning permission unless details to Biodiversity Unit: compensate for the loss of rush pasture are submitted;  The same ecological assessment as that submitted for application C11/1140/22/LL for the construction of an access track,  Reports confirms the loss of 350m² of grass heath and rush pasture as part of the development proposals. Notwithstanding the method statement and mitigation proposed, there are no specific measures to compensate for the loss of rush pasture which is included in the Section 42 list of Habitats of Principle Importance for the conservation of biological diversity under the Natural Environment and Rural Communities Act 2006.  Rush pasture is also included in the Natur Gwynedd Local Biodiversity Action Plan as a habitat where the action plan aims to protect and improve such habitat.

CPRW:  Sensitivity of the landscape and all of the elements contained within it, art history, industrialisation & cultural interests requires an understanding of the aesthetic, ecological and historical issues which are not adequately reflected in the way that the application has been presented.  Particularly disappointed by the lack of any plan to restore the site after the work has finished. Public Consultation: A notice was placed at two locations close to the site and neighbouring residents were informed be letter as well as a notice appearing in the local press on the 24th October 2013. A total of 125 objections have been received at the time of writing this report, which highlight the following concerns;  Negative Impact on existing local businesses, & questionable economic benefits of a short-term, time-limited proposal,  Proximity of residential properties & sensitive development to the proposal and the application of a 200m buffer in accordance with Policy C12 of the UDP,  Contrary to current UDP & national planning policy guidance,  Alternative sources of slate at existing sites/need for the development. Existing sites not at full capacity.  Lack of clarity with the current application and the issue of setting a precedent to remove the remaining resource of 2 million tonnes held in the tip, possible extended amenity impacts,  Impacts on the recreational use of Lon Ddwr, walking, riding & cycling. Impact on play areas,  Low existing background noise, tranquillity of a rural area, noise levels & frequency of disturbance not comparable to existing noise generated by agricultural machinery,  Misinterpretation of noise control guidance in MTAN1, inadequate investigation, validity of report & discrepancy in predicted noise attenuation levels,  Increase of 15 – 29dB above existing background noise detrimental to the amenities of the area,  Crushing and screening operations, balance of economic pressures against the effectiveness of noise attenuation measures,  Practicality of monitoring/enforcing the noise & dust mitigation stated in the application,  Cumulative impacts of the development with other mineral operations in the area,  Weekend working, (6 days a week),  Land topography not adequately assessed in respect of noise impacts (natural amphitheatre effects)  Meteorological data used in the application (Capel Curig) not relevant to the weather conditions of the locality and the resultant impacts on noise and dust,  Negative impact of the development on local air quality and the potential to impact on individuals with respiratory diseases,  Haulage impacts on a wider area, traffic and transport routes,  Impact of operational noise on road safety along Lon Ddwr,  Impact on landscape and visual amenity including the Nantlle Valley Historic Landscape,  Industrial heritage, archaeology, social and cultural impacts,  Nature conservation, impacts on flora and fauna, capacity of slate waste tips to regenerate and support habitat & wildlife,  Loss of candidate wildlife site and loss of wetland habitat,  Extended nature conservation impacts, species not covered due to the timing of the ecological survey,  No restoration proposals,  Contrary to local, national and European guidance to promote biodiversity,  Impact of polluted surface water runoff contaminating tributaries to the Afon Llyfni,  Potential to compromise Gwynedd Council’s bid to UNESCO to include the Slate Quarries as a World Heritage Site.

In addition to the above, the following representations were not considered valid planning objections:  Lack of notification on the associated application for the construction of an access track under C11/1140/22/LL, which was granted permission in July 2013,  Lack of notification on a notification under Part 23B of the General Permitted Development Order to remove the adjacent, smaller slate waste tip at Dolbebin, Tanrallt,  Gloddfa Glai refusal in 2009 setting a precedent,  Decline in property prices,  Any changes to the Nantlle Valley and surrounding area,  Historic exploitation of local people by the slate industry,  Brief and Superfluous objections, e.g. ‘it is wrong’ & ‘I object’, Six letters have been submitted in support of the application on the following grounds;  Employment opportunities for local people,  Communities to benefit from the proposal,  Area of Objective 1 funding, one of the poorest in Europe,  Diversification from hill farming in order to provide a more sustainable means of income,  Working area not visible from Bro Silyn, the main road or Tanrallt,  Nature of objections, exaggerated impacts on tourism,  Proposal will recycle quarry waste,  Quarrying central to the history and culture of the Nantlle Valley,  No wildlife of any significance,  Opportunity to make the best use of slate waste.

5. Assessment of the material planning considerations:

The principle of the development

5.1 The permitted development secured under Part 23B of the General Permitted Development Order in October 2012 for the removal of material from the adjacent mineral working deposit, does not set a precedent in respect of this application for planning permission which is to be considered on its merits, in accordance with the policies of the Unitary Development Plan as well as national and regional planning policy guidance.

5.2 In June 2008, the Gwynedd Council Board resolved to endorse the Regional Technical Statement produced by the North Wales Regional Aggregates Working Party. The North Wales Regional Technical Statement has been the subject of review and consultation in December 2013. The statement has been prepared in accordance with the provisions of the Minerals Planning Policy (Wales) and Technical Advice Note (Wales) 1: Aggregates (MTAN1), to set out an overarching objective to ensure a sustainable managed supply of aggregates. The main purpose of the statement is to set out the strategy for the provision of the aggregates in the North Wales region.

5.3 As a Mineral Planning Authority, the Council has a duty to ensure that mineral resources are exploited in a sustainable way so that they can make an appropriate contribution to the area’s construction materials requirements. Gwynedd has a long history of mineral extraction and it remains an important facet of its economic and social make up. There are extensive deposits of a variety of materials suitable for aggregates in North Wales, particularly igneous rock, sand & gravel and limestone. Slate workings in Gwynedd has been traditionally been associated with the production of high quality roofing material, but more recently its application has ventured into architectural sawn slabs, decorative building materials as well as the exploitation of slate waste as a secondary aggregate to substitute traditional primary resources. 5.4 The principle of re-working slate tips is accepted in principle as a alternative to proposals involving the winning and working of material from the virgin rock.

5.5 With the introduction of the aggregates levy in 2002, there has been an increased use of slate waste to substitute primary hard rock reserves, given that slate is exempt from the imposition of a basic rate of £2.00 per tonne of aggregates. The Gwynedd Unitary Development Plan recognises that slate waste is a valuable resource that can be used as an alternative source of aggregate and which eases the pressure on primary mineral resources. However, the UDP also recognises that; “….. the supply of slate waste for aggregate use may not, in the widest sense, be the most sustainable option in either commercial or environmental terms. For example, to meet the required specification slate waste may require processing which in itself consumes energy; this product is then used to displace products that are already available as a by-product of processing operations at primary rock quarries”.

5.6 In respect of slate as a source of aggregate, the RTS review consultation document states; “In North Wales, crushed slate, derived either from slate waste (as a by-product of roofing material production) or quarried specifically for use as primary aggregate, features significantly in the overall pattern of supply, especially in Gwynedd. Both categories are included in the overall figures for crushed rock production within the North Wales RAWP reports and, over the 10-year baseline period, have accounted for between 5.3% and 16.2% of total crushed rock sales, with evidence of a rising trend in both proportion and actual sales up to a peak in 2007”. The RTS review further states however that production of slate as aggregate, as with other hard rock reserves has since fallen during the current recession although the proportion of slate in the total crushed rock sales remains high.

5.7 In consideration of regional requirements, the RTS confirms that; “most slate aggregate is used locally within north west Wales and there is little to suggest that the existing pattern of supply either needs to change or is capable of doing so”…….. “ …this could potentially happen if there were to be a significant increase in the Aggregates Levy, giving slate aggregates a further price advantage, but the reverse could be true if the Aggregates Levy were to be abolished, in line with the ongoing legal challenge being pursued by the British Aggregates Association”.

5.8 With respect to the need for the development, Policy C15 of the UDP states that proposals for the removal of material from a mineral working deposit must conform to a series of criteria in Policy C9 and C10 having regard to current national policy for maintaining a landbank of mineral reserves in accordance with the guidance contained in MTAN1 (Wales) Aggregates and the Regional Technical Statement.

5.9 The total apportionments for Gwynedd, as calculated by the First Review of the RTS are 4.4 million tonnes for land-won sand & gravel and 6.75 million tonnes for crushed rock. These compare with existing landbanks of 0.7 million tonnes for sand & gravel and 8.51 million tonnes for crushed rock (22 years as at 31st December 2010). There is therefore a shortfall of sand and gravel for which new allocations totalling 3.7 million tonnes will need to be identified in the LDP. In view of the small surplus of existing crushed rock reserves however including slate, no crushed rock allocations are specifically required. The reserve figures are based on sites with a planning permission and which are submitted to the RAWP secretary as part of the annual report. In terms of reserves of slate waste, although difficult to assess with any precision, it has been estimated that there are about 20 Million tonnes of slate waste available to be worked as a by-product of roofing slate production at sites in Blaenau Ffestiniog and Bethesda but also pillar working at Llechwedd where there is an unspecified, but potentially huge level of reserves within a permitted extraction area covering 750,000 m².

5.10 The local market is already served by active sites at Ty Mawr/Tyn y Weirglodd, Pen yr Orsedd and Moel Tryfan with further reserves at Twll Llwyd. There is no evidence to suggest that existing sites, in terms of both capacity and reserves cannot cope with the current or projected demand for slate products and in terms of local or regional need and there is no justification therefore for a new slate extraction site in the Nantlle Valley.

5.11 Whilst the principle of secondary mineral extraction is acceptable, subject to the consideration of all other material planning considerations, it is considered that in terms of local and regional need, the development does not comply with National and Regional Planning Policy and Guidance as well as the requirements of Policy C9, C10 & C15 of the Unitary Development Plan.

5.12 In addition to the principles of the need for the development, the essential planning issues in this case are;

 The sensitivity of the landscape - Landscape Conservation Area & Landscape of Outstanding Historic Interest,  The impact of the proposal on local biodiversity including the potential to pollute the local water environment,  The requirement to monitor quarrying operations and the effects on the amenities of the area, i.e. impacts of noise, dust, haulage and working hours,  Cumulative impact of mineral extraction with other operations in the area,  The economic and social desirability of promoting local employment,  The potential to apply measures for long term mitigation of landscape degradation based on continued working for a finite period of time & the opportunities for appropriate restoration,

Visual Amenities

5.13 Landscape character may be described as the combination of landscape elements, patterns, quality, scale landform and land-use which make an area distinctive from another and creates a sense of place. Within slate quarrying landscapes, there is a unique aesthetic cumulating in features of industrial heritage and nature conservation interest.

5.14 The extraction area comprises only part of a slate waste tip which is a prominent landscape feature located on the floor of the Nantlle Valley between the settlement of Tanrallt and the Bro Silyn estate. Policy C15 of the Unitary Development Plan, ‘removal of material from a mineral-working deposit’, sets out the development criteria for such proposals being granted provided that amongst other requirements, the removal of material will not cause significant harm to visual amenity and that the operation will not cause significant harm to the historic environment or cultural heritage of the Welsh slate industry.

5.15 An Assessment of the Significance of the Impacts on Historic Landscape Areas (ASIDOHL) has been submitted in support of the application which makes an appraisal the direct and indirect (physical & non-physical) impacts of the development on the surrounding historic landscape with a selection of viewpoints showing the location of the development in context of its setting within specific landscape compartments.

5.16 The ASIDHOL assessment states that the proposal needs to be considered in light of its direct physical impact on two character areas within the Historic Landscape, 09 Nantlle Slate Quarries and 49 Floor of the Nantlle Valey but in addition, the indirect (mainly non-physical, visible) impact on the Historic Landscape Character Areas of; 07 Tal y Sarn, 08 Gloddfa’r Coed, 09 Nantlle Slate Quarries, 15 Nebo, 25 Moel Tryfan lower slopes & 49 Floor of the Nantlle Valley.

5.17 The ASIDOHL assessment concludes that the overall impact of the proposal would have a moderate impact on the Nantlle Valley Landscape of Outstanding Historic Interest, but with locally higher impacts on Talysarn and Gloddfa’r Coed. Impact on other landscape character areas are tempered to a degree in that the development will be partly shielded, by the natural hill-slope shelf which obscures views of the quarry from the south and by the configuration of the remainder of the tip to views from the north and east. The report further states however that care should be taken to avoid disturbing the profile of that part of the tip, which does not form part of this application, in particular the north-facing part of the tip should not be disturbed as it shields the proposed development from the main Nantlle quarrying complex.

5.18 Gwynedd Archaeological Planning Service concur with the findings of the report which concludes that further equivalent or larger scale development on the same tip complex would potentially have a considerable impact on the outstanding historic landscape of the Nantlle Valley.

5.19 In light of the above it should be borne in mind that part of the application area abutting Lon Ddwr was subject to a Government funded reclamation scheme in the 1980s to re-grade the tip embankments, and the original configuration of that part of the tip has since been disturbed. Notwithstanding, as a consequence of the reclamation works, the tip plateau and sections of the tip embankments have been host to a regeneration of grasses, ground vegetation with tree cover established on the eastern- most extent of the tip.

5.20 The application statement proposes the removal of 150,000 tonnes of slate waste over a period of approximately 8 years. It does however refer to a phased strategy, but not in respect of the sequence of operations submitted as part of this application. Notwithstanding the reference to tree planting and grassland regeneration in the ecological report, it is on the basis of further proposals being submitted to the authority for consideration that the application statement confirms that no restoration work will take place. Therefore, there are no restorations proposals submitted as part of this application. 5.21 The Unitary Development Plan states under Policy C14, ‘Restoration And Aftercare’, “….the Council must be satisfied before an application is determined that no matter how long the development, the site can be properly restored and brought back into beneficial afteruse within a recognisable timescale”. The criteria requirements of Policy C9 also state that proposals include a scheme for the afteruse of the site and details of the restoration and aftercare required to achieve it but essentially, Policy C14 states that, applications for mineral working will be refused unless a scheme for restoration, aftercare and afteruse, including details of proposed funding is included.

5.22 Notwithstanding the conclusions of the ASIDOHL assessment in accordance with Policy B12 the Unitary Development Plan, in the absence of scheme of restoration, aftercare and afteruse, it is considered that the proposal will have a detrimental impact on the visual amenities of the area both during the operational phase and upon the cessation of operations.

5.23 It is considered therefore that the proposed development does not comply with the requirements of Policy B10, C9, C14 & C15 of the Unitary Development Plan as well as national planning policy guidance.

General and residential amenities 5.24 A number of objections have been received which highlight issues concerning potential nuisance and the impact of the proposal on residential amenities, specifically the impact on those properties that fall within a notional buffer zone of 200 metres as prescribed under Policy C12 of the Unitary Development Plan. The sequence of operations and method of working will be a key factor with respect to amenity considerations, specifically air quality, dust, vehicle/plant emissions, noise and provision of adequate screening to mitigate for such impacts.

5.25 Both Minerals Planning Policy Wales and MTAN1: Aggregates have established the principle of buffer zones around mineral extraction sites, where the objective is to protect land uses that are most sensitive to the impact of mineral operations by establishing a separation distance between potentially conflicting land uses. Sensitive development is defined in MTAN1 as; “any building occupied by people on a regular basis and includes housing areas, hostels, meeting places, schools and hospitals where an acceptable standard of amenity is expected”.

5.26 A buffer zone is defined from the outer edge of the area where extraction and processing operations will take place, including site haul roads and that a notional buffer zone will be applied to all new applications for mineral working. MTAN1 recommends a minimum distance of 100 metres for sand and gravel operations and others where no blasting is permitted. The guidance further states however that research has indicated that people living close to mineral workings consider dust to be the main impact of mineral extraction and any processing operations, followed by traffic, noise and blasting. In respect of workings involving the removal of material from mineral-working deposits, Policy C12 of the Unitary Development Plan adopts the principle of minimum separation distances as proposed in MTAN1. It categorically states that hard rock quarries, including extraction from hard rock mineral working deposits will be subject to a 200m buffer zone. 5.27 The proposed area of working at its nearest point, is located approximately 90m from the residential property of Glyn Isfryn but which also includes a ménage and horse riding school at a distance of approximately 25 metres. However, there are 7 properties at Tanrallt located within the notional buffer zone of 200m applied to the boundary of the proposal as prescribed under policy C12 of the Gwynedd UDP with a further 36 properties at Bro Silyn that lie within 200m of the access track. Policy C12 further states that in cases where the notional buffer zone cannot achieve the minimum distances required, developments will be refused.

5.28 Specific noise and dust impact assessments have been submitted in support of the application and in response, third party representations have expressed concerns about the intrusive nature of a minerals development in a rural area. The application is not supported by specific air quality data for Tanrallt, but rather the report bases its findings on the best available data. The dust report concludes that based upon the air quality index published on the Welsh Air Quality Forum, there may be a small decrease in local air quality due to the operation of a crusher, but is likely to be of short duration and should at no time result in air quality criteria levels being exceeded.

5.29 The report also states that properties at Tanrallt and Glyn Isfryn sit at a higher elevation, where crushing and processing operations will be suitably screened by trees. Further mitigation is proposed by not implementing the permitted development rights for the removal of the slate waste tip on the western flank of the site, which will also serve to screen the processing yard. In respect of extractive operations however, the application statement confirms the method of working by utilising a 360º digger as well as hand selection to commence extraction from the top of the tip in 3-4 metre high benches. Notwithstanding the potential impacts of noise and dust from the processing of material, those phases of the development that require access for plant and machinery to the upper levels of the slate deposit, will mean that extractive operations will be exposed to most of the properties of Tanrallt.

5.30 In response to consultation, the Public Protection Service recommend that the application be refused in that the applicant has failed to demonstrate that the proposal in terms of noise impacts, is able to comply with the requirements of MTAN1. The noise report states that operations at the site are predicted to be 20 decibels above existing background noise levels at adjacent sensitive properties, whereas MTAN1 states that noise from mineral workings should be restricted to 10 decibels above the specific background noise level.

5.31 For the properties of Bro Silyn, it is considered that the most intrusive element will be HGVs using the haulage track in that the extractive and processing operations will be screened by the larger part of the tip. It should be noted however that there is a likelihood of cumulative impacts of mineral extraction, including blasting, with operations at the adjacent Ty Mawr and Tyn y Weirglodd as the respective phases of development advance westwards to within 130m of the Bro Silyn estate.

5.32 It is considered therefore that the proposal alone, or in combination with other mineral developments in the area is likely to have a detrimental impact on the amenities of the area and is contrary to policy B23 of the UDP (amenities) and policy C12 (buffer zones).

Traffic and access matters 5.33 A notification and submission of appropriate details in accordance with Part 23, Class B to Schedule 2 of The General Permitted Development Order 1995 received on 26th October 2012, to remove material from the smaller of the two mineral-working deposits at Dolbebin. Planning application, C11/1140/22/LL, was granted permission subject to conditions on 30th July 2013 for the construction of a new track to serve the Part 23B slate tip together with the creation of a new access.

5.34 Objections do highlight the wider impacts of haulage attributed to this application and in particular, the Mott Mac Donald traffic report (Mott Report) as a material consideration on the refusal of an application on appeal in 2003, to remove the remainder of material from the Petris Square slate tip.

5.35 The Mott Macdonald report was commissioned in order to carry out a study to investigate the potential effects on the highway network that may arise as a result of increased interest in the use of slate waste, generated as a result of the financial advantage given to secondary aggregates (slate waste) by the aggregates levy. It was considered at the time that the impacts of heavy haulage on the settlement of Penygroes were already at a critical level with any increase having a detrimental impact on road safety and on the amenities of local residents. The report was produced in 2002 and in comparison with the situation today; the position in terms of the permitted output from the Nantlle direction remains consistent, although there is better clarity today with respect to the total haulage impacts on Penygroes. In 2002, the situation in terms of deferred and potential applications indicated a possible increase in the order of 210% in addition, to numbers of vehicles using the Cilgwyn refuse tip.

5.36 In response to consultation, the transportation unit confirmed that haulage traffic derived from the operation at an average output of 4 loads per day is acceptable and unlikely to have an adverse impact on the local road network. In addition, cross- sections submitted with the application indicate the extent of extraction is not immediately adjacent to Lon Ddwr and is unlikely therefore to undermine the local road infrastructure.

5.37 Although the operation will have direct access onto the B4418, it should be borne in mind that the respective planning permission is time-limited to expire in July 2015, to reflect the planning position in respect of permitted development when granted. Subject to the submission of a new application secure the use of a track, it is considered that the proposal is acceptable in principle in that the development is compliant with Policies CH33 & CH28 of the Unitary Development Plan.

Biodiversity Matters 5.38 Part of the site is contained within an area of biodiversity potential and a local, candidate wildlife site under policy B17 of the Gwynedd Unitary Development Plan having UK biodiversity priority habitats listed under S.42 NERC Act 2006, i.e. quarry spoil, marshy grassland; acid neutral flush. 5.39 In addition, the site of the proposed compound and processing area comprises of purple moor-grass and mosaic acid grassland habitat which is included in the Section 42 list of Habitats of Principle Importance for the conservation of biological diversity. Although not identified as a candidate wildlife site under policy B17, the Natur Gwynedd Local Biodiversity Action Plan nonetheless aims to protect and improve such habitat.

5.40 In respect of the resource of slate waste, the grassland sward on top of the Dolbebin tip is short and lacks the structurally diverse mosaic microhabitat favoured by reptiles, although the area of deposit abutting the rush pasture contains a more diverse mix of bracken, bramble and mature deciduous trees. Slate tips nonetheless have been found to be an excellent habitat for invertebrates such as dingy skipper, found recently at the Dorothea site 1km due east. There is a need therefore to consider this proposal in light of Policy B21 of the Gwynedd UDP, ‘Wildlife Corridors, Habitat Linkages and Stepping Stones’, which are important for the movement of species, ensuring that populations are not isolated, and facilitating genetic exchange.

5.41 In response to consultation, Natural Resources Wales (NRW) confirmed that whilst there are issues that require additional permits and consents under their specific remit, it has no objection to the proposal and is satisfied that the Ecological Report has been carried out to an acceptable standard. NRW further advises that provided that mitigation measures outlined in the report are adhered to, it is unlikely that the proposal will have adverse impacts on water voles, otters and bats. NRW recommend however that further advice is sought from the authority’s internal ecology adviser with respect to local biodiversity and other species and habitats listed in section 42 of the Natural Environment and Rural Communities Act 2006.

5.42 In response to consultation, the authority’s biodiversity unit commented that the ecological report is the same as that submitted for application C11/1140/22/LL for the construction of an access track which confirms the loss of 350m² of Rhos pasture as part of the development proposals. Having assessed the application plans however, the applicant was advised that the compound/processing area comprised of 1,200 m² of Rhos pasture and in response, amended details in the form of a site and location plan have been submitted, indicating that the ancillary processing area has been reduced in size to reflect the mitigation for Rhos pasture outlined in the ecological report. A full inspection following the submission of amended details had not been undertaken at the time of writing this report, but will be submitted as further information at the planning committee meeting.

5.43 To mitigate for the loss of Rhos pasture, the applicant proposes that the smaller tip, afforded permitted development rights under Part 23B will remain untouched.

5.44 Notwithstanding the mitigation proposed, there are no specific measures to compensate for the loss of rush pasture and Gwynedd Council biodiversity officers recommended therefore that the planning application be refused unless details to compensate for the loss of rush pasture are submitted and are considered acceptable

5.45 Furthermore, the application plans do not include any drainage details only a reference to pre-application advice on permitting and pollution aspects of the proposal issued by the Environment Agency. It is recognised that there are a number of watercourses linked to the Afon Llyfni and the Agency advise that there is a statutory obligation to prevent runoff into watercourses and a need therefore for robust pollution prevention engineering and methodologies during the construction and operational phase, where clean water and dirty water separation is key.

5.46 The processing area has been reduced in size to minimise the risk of polluted surface water run-off entering local watercourses. Given however the lack of information submitted with the application, it is not possible to assess the scale of infrastructure or containment required in order to protect these watercourses from slate fines derived form processing operations and ancillary operations such as a wheel wash. Consequently, it is not possible to determine from the application details whether an extended area of Rhos pasture will be required to accommodate the necessary drainage facilities and infrastructure in connection with this development. There are concerns therefore not only on biodiversity but also the full visual impact of the infrastructure cannot be assessed in this application.

5.47 It is considered therefore that insufficient information has been submitted with the application to determine the impact of the proposal on the local water environment and mitigation for the loss of Rhos pasture included in the Section 42 list of Habitats of Principle Importance for the conservation of biological diversity and the proposal is therefore contrary to Policy, B17, B33, C9, C14 & C15 of the Unitary Development Plan as well as national planning policy guidance in Technical Advice Note 5: Nature Conservation and Planning.

Archaeological Matters 5.48 The site is contained within an area with a high industrial archaeological potential, although as mentioned before, part of the tip has been the subject of disturbance with the implementation of a Government funded scheme to re-profile the tip embankments where it batters down towards Lon Ddwr.

5.49 The report identifies a number of archaeological features within a study area that represents part of the rich multi-period historic landscape of the Nantlle valley with the slate tip itself of particular significance in that it is an example of a common local site type which demonstrates the strategies employed by squatter quarrymen to earn a living in difficult circumstances. As a result, features such as squatter occupation ‘gwaliau’ and pockets of secondary working are common on this tip feature.

5.50 In response to consultation, Gwynedd Archaeological Planning Service confirm that a numerous post-medieval industrial remains will be affected but also, the potential for further remains may be revealed during the course of extraction, that are currently hidden by the slate waste. Given the archaeological resource of the site and the potential to discover further remains, the Archaeological planning Service recommend that, should planning consent be granted, a condition should be attached to ensure that appropriate archaeological mitigation is undertaken prior to and during the proposed development in accordance with national planning guidance.

5.51 The response of the Archaeological Planning Service does make the point however that tip features such as ‘gwaliau’, located outside of the application boundary, are susceptible to secondary effects of mineral extraction. Given the unstable nature of mineral working deposits, vibration, erosion and encroachment of plant machinery need to be considered by the local planning authority in this regard. As with the ASIDOHL assessment, the archaeological planning service does re-iterate the point that it is essential that disturbance to the profile of that part of the tip which is not proposed to work is avoided, i.e. the north-facing part of the tip complex must not be disturbed.

5.52 The Archaeological Planning service recommends that the applicant agrees to further archaeological mitigation and recording. However, given the nature of the tip material and the potential for disturbance from the encroachment of the mineral operations, the extent of such mitigation would be the subject of a planning condition to include the whole tip in order to comply with the requirements of Policy B7 & B12 of the Unitary Development Plan.

Public safety and Public Rights of Way 5.53 The site will not be accessible to members of the general public. No footpaths or public rights of way cross the actual application area and there is no requirement therefore to make any provision for specific protection.

5.54 The proposal therefore complies with the requirements of Policy CH22 of the Unitary Development Plan.

Sustainability matters 5.55 See ‘Principle of the Development’.

The Economy 5.56 Slate quarrying has been part of the way of life in Gwynedd for centuries and the legacy of its activities has become as much a part of the culture and landscape of the area as the Welsh language and scenery. The local community council support the application on the grounds that the authority should have a strategy in place to remove slate tips in the Nantlle Valley. The question of need has been addressed in this report although the balance of issues with respect to the local economy needs careful consideration.

5.57 The application details state that the development will promote agricultural diversification, creating five jobs in a rural area and in response to consultation, Gwynedd Council Economic Development recognise that employment opportunities offered by the proposal is likely to be welcomed in the locality. The issue of mineral operations however is dealt with separately under Minerals Planning Policy Wales and MTAN1: Aggregates and does not feature specifically in TAN 6: ‘Planning for Sustainable Rural Communities’. The guidance only states that appropriate development takes place in the right place at the right time by making sufficient land available to provide employment opportunities for local people, and whether a proposed development enhances or decreases the sustainability of a community. It is the adopted policies of the current Unitary Development Plan however that set the land use planning framework for both rural and urban communities taking into account the social, economic and environmental characteristics of the area. 5.58 In response to publicity on the application, many third party responses bring into question the short-term economic benefits of the proposal in terms of its compatibility with other, tourist-based employment in the area. Gwynedd Economic Development further comment on the possible effects of noise, dust and pollution of watercourses having an impact on the developing vision for Dyffryn Nantlle as an outdoor tourist destination. The counter argument however is that there is no hard evidence to suggest that existing mineral operations in the Nantlle Valley are actually having a detrimental impact on the local tourist industry.

5.59 In terms of the economic impacts, there are arguments for and against and it is hard to predict with any real certainty whether or not the proposal will strengthen and diversify the local economy. In respect of strategic policy 16 of the UDP, the respective criteria of having an impact on the environment, the area’s cultural characteristics or the amenities of nearby residents has been addressed in this report.

5.60 However, whilst acknowledging concerns regarding possible negative impacts on tourism related economy this is difficult to prove with hard evidence. Consideration must be give to the fact that the quarrying related industries had been an integral part of the economy in the Nantlle Valley are for a number of years. The proposal in itself would create 5 jobs and it is considered that there would therefore be benefits to the local economy.

6. Response to the public consultation 6.1 The main concerns raised by third parties in response to consultation the application consists mainly of the potential impact of noise, dust, traffic, potential nuisance, local tourism and businesses and the impact of the proposal on the amenities of Tanrallt.

6.2 The Local Planning Authority has considered these objections as material planning considerations in part 5 of this report. Furthermore, the material considerations relevant to this proposal have been assessed having regarding to the relevant planning policies and guidance

7. Conclusions: 7.1 There are a number of material planning conisderations relating to this application and all these need to be weighed up in the context of the Unitary Development Plan and any other planning considerations, as part of the process of coming to a recommnedation

7.2 In terms of the local and regional need for the mineral, there is no evidence to suggest that existing sites, in terms of both capacity and reserves cannot cope with the current or projected demand for slate products and in terms of local or regional need and there is no justification therefore for a new slate extraction site in the Nantlle Valley. There is no requirement on the authority in terms regional apportionment to provide further reserves or allocations of hard rock or slate waste. The development therefore does not comply with National and Regional Planning Policy and Guidance as well as the requirements of Policy C9, C10 & C15 of the Unitary Development Plan. To minimise the visual and environmental impact of mineral development on the Nantlle Valley, the authority would first need to consider extensions to existing sites. 7.3 urther archaeological mitigation and recording is recommended for the whole tip complex.

7.4 otwithstanding the conclusions of the ASIDOHL report, in the absence of scheme of restoration, aftercare and afteruse, it is considered that the proposal will have a detrimental impact on the visual amenities of the area both during the operational phase and upon the cessation of operations.

7.5 ubject to the submission of a new application secure the use of a track, it is considered that the proposal in terms of traffic impacts is acceptable in principle in that the development is compliant with Policies CH33 & CH28 of the Unitary Development Plan.

7.6 t is considered that the proposal alone, or in combination with other mineral developments in the area is likely to have a detrimental impact on the amenities of the area and is contrary to policy B23 of the UDP (amenities) and policy C12 (buffer zones).

7.7 It is considered that insufficient information has been submitted with the application to determine the impact of the proposal on the local water environment and mitigation for the loss of Rhos pasture included in the Section 42 list of Habitats of Principle Importance for the conservation of biological diversity and the proposal is therefore contrary to Policy, B17, B33, C9, C14 & C15 of the Unitary Development Plan as well as national planning policy guidance in Technical Advice Note 5: Nature Conservation and Planning.

7.8 he proposal will provide employment for 5 persons which would be beneficial to the economy of the area.

7.9 ving regard to all the relevant material planning considerations relating to this proposal, it is considered that the concerns regarding the visual impact and lack of restoration details, impacts of extractive operations on residential amenities, the need for the mineral and potential impacts on biodiversity and the local water environment, outweigh the potential economic benefits and other considerations. The application therefore does not comply with the Gwynedd Unitary Development Plan and the relevant national planning guidance.

8. Recommendation:

8.1 To Refuse Planning Permission on the following grounds;

8.2 In terms of the local and regional need for the mineral, it is considered that there are sufficient, reserves of slate in Gwynedd and there is no requirement on the authority in terms regional apportionment to provide further reserves or allocations of slate waste. The development therefore does not comply with National and Regional Planning Policy and Guidance as well as the requirements of Policy C9, C10 & C15 of the Unitary Development Plan. To minimise the visual and environmental impact of mineral development on the Nantlle Valley, the authority would first need to consider extensions to existing sites. 8.3 In the absence of scheme of restoration, aftercare and afteruse, it is considered that the proposal will have a detrimental impact on the visual amenities of the area both during the operational phase and upon the cessation of operations and the development does not comply with the requirements of Policy B10, C9, C14 & C15 of the Unitary Development Plan as well as national planning policy guidance

8.4 It is considered that the proposal alone, or in combination with other mineral developments in the area is likely to have a detrimental impact on the amenities of the area and is contrary to policy B23 of the UDP (amenities) and policy C12 (buffer zones).

8.5 It is considered that insufficient information has been submitted with the application to determine the impact of the proposal on the local water environment and mitigation for the loss of Rhos pasture included in the Section 42 list of Habitats of Principle Importance for the conservation of biological diversity and the proposal is therefore contrary to Policy, B17, B33, C9, C14 & C15 of the Unitary Development Plan as well as national planning policy guidance in Technical Advice Note 5: Nature Conservation and Planning.

Number: 8 Application Number: C13/1120/16/LL Date Registered: 12/11/2013 Application Type: Full - Planning Community: Llandygai Ward: Tregarth and Mynydd Llandygai

Proposal: RE-SUBMISSION OF A PREVIOUS APPLICATION FOR REFURBISHMENT WORKS TO 26 DWELLINGS WHICH WILL INCLUDE REMOVAL OF EXISTING WALLS AND THEIR RE-CONSTRUCTION AND OTHER RELATED WORKS INCLUDING ENVIRONMENTAL IMPROVEMENTS WITHIN THE ESTATE Location: 2,3,5-9,11,13,16-21,23,25,26,28,29,32-38, ERW FAEN, TREGARTH, BANGOR, GWYNEDD, LL574AT

Summary of the Recommendation: TO APPROVE SUBJECT TO CONDITIONS

1. Description:

1.1 Members are reminded that this application is a re-submission of a previous application with amendments to the previous proposal. The applicant decided to formally withdraw the previous application in order to allow time to hold an appropriate consultation with local residents and to make amendments to the application in order to address the concerns identified in the previous application.

1.2 No amendments have been made to the original proposal in terms of the proposed work to the houses themselves, namely removing the existing external walls of the houses which are made of concrete panels and pillars, and re-erecting new block work walls with insulation with an external pebbledash finish, and re-roofing and installing new windows and doors.

1.3 In addition to what was previously proposed the proposal now shows that environmental improvements will also be undertaken within the estate, namely to provide parking spaces, include traffic calming measures, landscaping etc.

1.4 The application involves carrying out work on 26 houses which form part of a wider estate, which includes a total of 40 two-storey semi-detached houses in the village of Tregarth. The estate is in the form of a cul-de-sac.

1.5 The houses which are the subject of this application are known as ‘airey’ houses, i.e. prefabricated houses which were erected for local authorities following the Second World War.

2. Relevant Policies:

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

2.3 National Policies:

Planning Policy Wales – edition 5, 2012

Technical Advice Note 12 – Design

3. Relevant Planning History:

3.1 Application no. C13/0173/16/LL – refurbishment works to 26 dwellings – withdrawn 06.09.13. 3.2 In addition to the above, it can be seen that there is varying planning history for individual houses within the estate, including applications for single/two storey extensions etc.

4. Consultations:

Community/Town Council: Support

Transportation Unit: Suggest standard conditions and advice in relation to the proposal.

Welsh Water: No response

Natural Resources Wales: No response

Public Protection Unit: No response

Biodiversity Unit: The submitted bat report was assessed and the findings of the assessment and the mitigation measures submitted are acceptable. The following conditions are proposed; • The construction work should strictly comply with the report submitted. • The timing of the work should comply with the timetable that is proposed in the report. • The applicant/agent will have to submit an application for a European protected species licence from NRW.

Public Consultation: A notice was posted on the site and nearby residents were informed. The consultation period ended on 12 December 2013 and three letters/correspondences were received objecting on the following grounds: • Plans/information that are incorrect/misleading/selective • Structural damage to houses and adverse impact on the amenities of the residents of neighbouring houses • Parking difficulties and traffic flow • Detrimental impact on bats • Change/loss of character • Drainage problems • Two separate applications needed for the different elements that are proposed • Lack of consultation despite statements claiming otherwise • Health and safety concerns based on the impact of the work on gas and water pipes, the poor condition of the existing houses, the impact of the construction work on the safety of the residents of the houses • This proposal is dissimilar to other plans by the company in other villages although it is claimed otherwise in the information submitted.

In addition to the objections noted above, objections were received that were not valid planning objections which included: • Matters relating to the Party Wall Act • The standard of work of the appointed contractors is poor in other areas • The applicant’s behaviour is unacceptable Observations were received partly supporting the application on the following grounds: • Includes measures to control traffic speed • The hard work of residents has paid off and CCG now listen to some extent • The application is more informative and this is appreciated.

5. Assessment of the material planning considerations:

5.1 Principle of the development

This application is a re-submission of a previous application that was withdrawn with the intention of improving and upgrading the houses by undertaking substantial refurbishment works. It forms part of Cartrefi Cymunedol Gwynedd’s (CCG) long-term work programme to improve the quality of houses within their housing stock by insulating them to an acceptable level and improving them by upgrading the materials and finishes.

5.1.2 Along with the work to the houses themselves, it is also proposed to provide new parking spaces within the estate, introduce measures to restrict the speed limit on the estate road and undertake landscaping work following the completion of the construction work.

5.1.3 The principle of carrying out this type of work in order to improve the quality of life of the residents is acceptable as long as it satisfies the requirements of the local and national policies and guidelines.

5.2 Visual amenities

5.2.1 Erw Faen Estate has existed for a long time. The proposed work will definitely change the appearances of the majority of houses in the estate, therefore the proposal must be considered and evaluated in the context of the impact on the amenities of the area’s residents and the visual amenities of the nearby area.

5.2.2 14 of the houses in the estate have been sold to private owners, and we can see that some changes have already been made to some of these houses through works such as extensions, rendering of external walls, painting etc. It could be argued, although the majority of the houses currently retain the general appearances, there is no longer a uniform character in terms of appearance and finish due to the changes that have already been implemented by the private owners.

5.2.3 As per usual a condition can be imposed to agree on the final external finish and this will be an opportunity to ensure that the proposal is suitable to its location and is consistent with the general appearances in the area. 5.2.4 It is therefore considered that the proposal is acceptable and complies with the requirements of policies B24 and B25 which involve alternations to buildings and building materials.

5.2.5 It is proposed to carry out landscaping work within the estate following the completion of the development. This is welcomed and it is considered that this satisfies the requirements of policy B27.

5.3 General and residential amenities

5.3.1 It is recognised that the proposed work will certainly cause some inconvenience and concern prior to and during the works, specifically for the residents of the privately owned houses that are joined to the houses subject of the refurbishment works.

5.3.2 The proposed work is a cause for concern for the residents affected and there is concern in relation to the arrangements of the work, the standard of the work and issues involving the responsibility for the work undertaken and whether there will be a structural impact on the privately owned houses. A number of these issues are not planning matters, they are mostly civil matters that involve considerations given to matters such as the Party Wall Act and the arrangements of Cartrefi Cymunedol Gwynedd with their contractors during the construction period. The Local Planning Authority is not responsible for general work arrangements that cannot be controlled with reasonable and relevant conditions that can be enforced.

5.3.3 Once again it is recognised that the impact on the amenities of the residents of the privately houses is unavoidable during the work. The period of any development work is certainly going to involve some inconvenience until the work is completed. In order to ease some of this concern it is possible to ensure that the work is carried out during specific periods and this can be ensured by imposing a planning condition that would require the applicant to reach an agreement with the Local Planning Authority on a work programme, timetables, parking for residents and workers prior to starting the work. After the work is completed it is not considered that there will be a long- term impact on these houses and their residents. It is therefore considered that the proposal would be consistent with the requirements of policy B23.

5.4 Biodiversity Matters

5.4.1 Following observations received on the previous application, it was suggested that a survey should be undertaken at the estate to ascertain if there are protected species, in particular bats, present on the site.

5.4.2 A survey was undertaken by the applicant’s ecologist and it is recognised that some features in the houses are appropriate to create shelters and small roosts for bats and that they are generally seen within the estate. Therefore, this matter must be considered when undertaking any work, and if bat roosts are found an application for an appropriate licence should be made.

5.4.3 The Council’s Biodiversity Unit assessed the survey and it is accepted that the outcomes of the report are appropriate and that the mitigation measures are appropriate. No response was received from Natural Resources Wales at the time of writing this report, but based on the assessment undertaken by the Biodiversity Unit’s officers, it is accepted that the proposal is acceptable and satisfies the requirements of policy B20.

5.5. Parking/highway matters

5.5.1 This application now includes additional elements to those included with the previous application that was withdrawn, namely to create parking spaces and impose speeding control measures on the estate’s road. This amendment is generally welcomed as it means that more parking provision is created and that measures to prevent vehicles from speeding will improve safety within the estate.

5.5.2 This is considered to be an improvement in terms of highway matters and also in terms of the amenities of the residents of the estate and means that the requirements of policy CH33 are satisfied.

5.6 Response to the public consultation

5.6.1 As noted above, observations were received from some of the residents of the estate regarding this proposal and the impact of the work on their houses and their lives during and after completing the work.

5.6.2 Members are reminded that a number of the matters raised are civil matters rather than relevant planning matters and whilst sympathising with residents who are concerned about the proposal and how the work will affect their houses and their amenities, a number of the matters raised are not relevant planning matters.

Information has been submitted as part of the application that claims that a local consultation has been held by CCG following the concerns highlighted in the previous application. Others claim that no such detailed consultation has been held. This process/information is not necessary when submitting an application and is not relevant when assessing the application. However, local residents have been given an opportunity to respond to the application during a formal consultation period in order to voice their opinion and the responses to the consultation period have been noted above and have been considered as part of this assessment.

5.6.3 In response to some of the concerns submitted it is suggested that some aspects of the development could be further controlled (should this be wished) by imposing a formal condition, such as making a formal agreement prior to starting any development on a work programme that would include details of timetables, development arrangements, step by step development plan, parking arrangements for residents and workers etc. (this has also been detailed in the construction methodology strategy submitted with the application).

6. Conclusions:

6.1 Having considered the above and having considered all relevant matters, including local and national policies and guidelines and observations/objections received, this proposal to carry out work as described above is acceptable as it would raise the standard on the houses for the residents and would therefore improve the standard of the insulation and the sustainability of the houses. Some changes have already been carried out on other privately owned houses in the estate, therefore some change has already been implemented in terms of visual amenities. It is not considered that there would be a long-term excessive adverse impact on the area’s general amenities and therefore the development would not be contrary to the requirements of the policies noted above.

7. Recommendation:

7.1 To approve – conditions

1. Time 2. Comply with plans 3. Materials 4. Agree on work programme, timetables, residents and workers parking etc. 5. A note drawing the applicant’s attention to their obligation to follow the requirements of the Party Wall Act 6. Need to follow the suggestions and the mitigation measures as suggested in the bat survey 7. Landscaping.

Number : 9

Application Number: C13/1147/41/LL Date Registered: 14/11/2013 Application Type: Full - Planning Community: Llanystumdwy Ward: Llanystumdwy

Proposal: EXTENSION TO WAREHOUSE. Location: HARLECH FOOD SERVICES LTD , AGRI -PARK , LLANYSTUMDWY , CRICCIETH , GWYNEDD , LL52 0LJ

Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:

1. Description :

1.1 This application involves a proposal to construct an extension on the northern side of an existing industrial building. The purpose of the new extension would be to secure additional space for the storage of frozen food, chilled food and other dry produce and also leaving sufficient room for parking and handling goods prior to their distribution from the site.

1.2 The extension would create an additional 1055m 2 of floor area by extending the existing building approximately 21m in a north-westerly direction and keeping to the same design in terms of length, width, height and materials.

1.3 In addition, it is proposed to construct an earthen bund approximately 2m in height with trees and shrubs planted on top approximately 10m to the east of the building to create a barrier to the present noise emanating from the site. It is not proposed to have any additional equipment.

2. Relevant Policies:

2.2 Gwynedd Unitary Development Plan 2009:

STRATEGIC POLICY 16 – EMPLOYMENT Developments that will strengthen local economies will be approved provided they do not significantly harm the environment, culture or amenities.

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

POLICY C7 – BUILDING IN A SUSTAINABLE MANNER Proposals for new development or for the adaptation and change of use of land or buildings will be refused where consideration has not been given to specific environmental matters. Proposals must conform to specific criteria relating to building in a sustainable manner, unless it can be demonstrated that it is impractical to do so.

POLICY D2 – INDUSTRIAL SITES Land and units on Industrial Sites will be safeguarded for Classes B1, B2 and B8 uses. Proposals for developments not included in B1, B2 or B8 uses will be permitted provided they are smallscale ancillary business facilities; provide waste management facilities or other 'sui generis' uses with similar features to activities in B1 and B2 classes; or, they do not lead to a shortage of land or units for B1, B2 and B8 uses.

POLICY D8 – EXPANSION OF EXISTING ENTERPRISES Proposals to extend/expand/intensify industrial enterprises and existing businesses or other enterprises will be approved if they conform to specific criteria regarding the appropriateness of the existing use in relation to the surrounding area and adjacent uses and how relevant it is to the existing work.

2.3 National Policies: Planning Policy Wales (Fifth edition, November 2012)

7.3.2 : The expansion of existing businesses located in the open countryside should be supported provided there are no unacceptable impacts on local amenity.

Technical Advice Note 12: Design (2009)

3. Relevant Planning History:

3.1 There is substantial planning history to the Agri-Park but most relevant to this application is: C08D/0468/41/LL – Application to construct a warehouse approximately 4000m 2 including offices and associated rooms on two floors.

4. Consultations:

Community Council: Support

Transportation Unit: Not received.

Environmental Health / Object – There have been complaints from local residents Public Protection: about noise emanating from the existing building. It is recommended that the application does not receive approval until the existing problems have been resolved.

Natural Resources Wales: No observations

Welsh Water: Not received.

Public Consultation: A notice was placed in the press and on the site and nearby residents were informed. The consultation period ended on 19 December 2013.

5. Assessment of the material planning considerations:

Principle of the development 5.1 The site has been earmarked in the UDP as an Industrial Site which is restricted to food businesses. Therefore, the proposed development is in accordance with Policy D2 and is completely acceptable in principle.

5.2 Policy D8 of the GUDP is also an important consideration in this case and deals with expanding existing enterprises. The criteria of policy B8 will be considered in turn:

1. Although the Public Protection Unit stated that there were existing noise problems emanating from the site, the problem of noise emanating from legal planning use is not a matter which can be controlled when considering the application before the committee, despite this, the impact of the extension is material when assessing the application. There is no evidence associated with the application that there will be an increase in the noise emanating from the site, indeed, the applicants confirm that it is not proposed to install any new equipment / air extractor systems / cooling systems and they claim that there would be no increase in noise. In addition, it is proposed to construct a bund along the edge of the building to prevent some of the existing noise. It is suggested that a condition is imposed ensuring that no additional external equipment will be installed on the extension without the previous written consent of the Local Planning Authority. 2. The site of the proposed development is located within the boundary of the existing site which has been designated in the GUDP as an Employment Protection Site. 3. The proposal would be ancillary to the existing enterprise. 4. It is considered that the development would be acceptable in terms of its effects on amenities, the environment and roads (see below). 5. It is considered that the proposal to erect a bund would assist in alleviating some of the effect of the development on the area generally.

Visual amenities 5.3 The proposed extension would be of a similar size, design and materials to the existing building to which it will be connected. It would be approximately 12m high, extending the floor area of the building approximately 25%.

5.4 As the development is on an existing industrial site, it is not considered that it would look out of place and the appearance of the development would be acceptable and would comply with the requirements of Policies B22 and B24 of the GUDP.

General and residential amenities 5.5 As noted above, concerns have been expressed regarding matters involving noise emanating from the existing building, however, according to the applicant there will be no increase in noise levels. Indeed, considering that the proposed development is on a designated industrial site, it would be expected that some noise is created from the businesses that are located there and such effects would not be unexpected provided they are within reason. In terms of visual amenities, there would hardly be any change to the character of the site externally. For these reasons, the development would comply with Policy B23 of the GUDP.

Transport and access matters 5.6 It is expected that there will be some increase in employment and therefore an increase in traffic due to the development but it is considered that there is sufficient parking provision in place for the expected growth in use. The development therefore complies with Policy CH33 of the GUDP.

Sustainability matters 5.7 Despite the fact that over 1000m 2 of new floor area would be created by the development, as it is an extension to an existing building, there is no need for an Energy Design Council report in this case.

Language matters 5.8 Due to the size of the proposed development a Language and Community Assessment was submitted. This concluded that the development would be positive for the situation of the language by supporting the economic situation of a local business. It is agreed that this is a reasonable analysis of the situation.

The economy 5.9 Harlech Frozen Foods Ltd. is an important part of the economy of the surrounding rural area which creates direct employment opportunities. The proposed development would improve the efficiency of the company’s operational methods and would allow it to expand and in doing so, assist the economic sustainability of the business. This would be in keeping with the objectives of Strategic Policy 16 of the UDP.

6. Conclusions:

6.1 Despite this being a comparatively large development, it is a development which is completely suitable for its location and contributes towards the economic sustainability of the business and it means that this is an acceptable development in terms of the relevant policies of the GUDP.

7. Recommendation:

7.1 To approve the application subject to conditions involving:

1. Time - Five years 2. In accordance with the plans 3. Agree on external finish and colour 4. Withdrawal of permitted development rights 5. Landscaping/bund

Number: 10 Application Number: C13/1205/20/LL Date Registered: 04/12/2013 Application Type: Full - Planning Community: Y Felinheli Ward: Y Felinheli

Proposal: FULL APPLICATION FOR THE ERECTION OF 6 NEW DWELLINGS TO INCLUDE 4 TWO-STOREY TWO-BEDROOM DWELLINGS AND TWO BUNGALOWS WITH TWO BEDROOMS, CREATION OF A NEW VEHICULAR ACCESS AND ROAD AND LANDSCAPING Location: LAND BY, Y WERN, Y FELINHELI, GWYNEDD, LL564TZ

Summary TO APPROVE WITH CONDITIONS. of the recommendation:

1. Description:

1.1 This is a full application submitted by Cartrefi Cymunedol Gwynedd to erect 6 residential units on a plot of desolate land that is overgrown and which is located adjacent to Y Wern Estate on the south-eastern outskirts of Felinheli. The proposal involves erecting 3 pairs of houses, including two pairs of two-bedroom, two-storey houses (83.3m2 internal floor surface area) on plots 1 to 4 and a pair of two-bedroom bungalows (60.97m2 floor surface area) on plots 5 and 6.

1.2 The site is located within the development boundary of Felinheli as noted in the Gwynedd Unitary Development Plan (GUDP) and adjacent to a site designated in the Supplementary Planning Guidance: Development Briefs (November, 2009), for approximately 16 residential units.

1.3 Externally, the houses would be constructed from the following materials: natural slate roofs, smooth render panels that have been coloured/pebble-dashed, panels of ornamental timber, clean brickwork to the plinth and parts of the external walls along with parts of the external walls along with UPVc windows and doors. Each of the units would have an open front garden with a single driveway and enclosed rear gardens with fences measuring 1.8m high.

1.4 The site is served by an existing road that serves Y Wern dwellings and 3 parking spaces for visitors are provided adjacent to the house of plot 1 and a turning space will be provided near the eastern boundary of the site. The site abuts the rear gardens of Y Wern dwellings along its northern boundary and by an existing car park along its western boundary. Agricultural land is located to the east (land that has been designated for housing) and a stream to the south, along with residential dwellings located on the other side of the stream.

1.5 The application is submitted by Cartrefi Cymunedol Gwynedd and it is understood that the application would meet the need for smaller houses in Felinheli and would assist with the aims of Gwynedd Council to provide affordable rented accommodation in areas with a housing need. Cartrefi Cymunedol Gwynedd will be investing £136 million over 5 years to improve houses. Providing new homes such as the houses dealt with in this application is one way of achieving this.

1.6 A Design and Access Statement was submitted with the application, along with the details of the Sustainable Housing Code assessment. The applicant was informed of the need to submit a Language and Community Assessment; however, it had not been received when the report was being prepared. 2. Relevant Policies:

2.2 Gwynedd Unitary Development Plan 2009:

POLICY B25 – BUILDING MATERIALS Safeguard the visual character of the Plan area by ensuring that only natural Welsh slates or slates that are similar in terms of appearance, colour and weathering properties are permitted, other than in circumstances in which the type of building or its particular setting, or the sustainability benefits, are such that another material would be appropriate. For other parts of buildings, it is expected that high quality building materials will be used that are in keeping with the character and appearance of the local area. Proposals that introduce substandard or intrusive materials will be refused.

POLICY C1 – LOCATING NEW DEVELOPMENT Land within the development boundaries of towns and villages and the developed form of rural villages will be the main focus for new development. New buildings, structures and ancillary facilities in the countryside will be refused with the exception of development that is permitted by another policy of the Plan

POLICY CH6 – AFFORDABLE HOUSING ON ALL ALLOCATED SITES IN THE PLAN AREA AND ON SITES THAT BECOME AVAILABLE AND ARE UNALLOCATED WITHIN THE DEVELOPMENT BOUNDARIES OF THE SUB-REGIONAL CENTRE AND THE URBAN CENTRES Approve proposals for housing developments on sites allocated for housing or on random sites for five or more units within the development boundaries of the sub-regional centre and the urban centres, which provide an appropriate element of affordable housing. The form of the dwelling. .

Supplementary Planning Guidance: Affordable Housing (November 2009)

Supplementary Planning Guidance: Planning and the Welsh Language (November 2009).

Supplementary Planning Guidance: Planning for sustainable building (April 2010)

Design Guidelines (April 2003).

2.3 National Policies:

Planning Policy Wales (Fifth edition, November 2012)

Technical Advice Note 2 – Planning and Affordable Housing (2006)

Technical Advice Note 12 - Design (June 2009).

Technical Advice Note 18 – Transport (2007)

Technical Advice Note 22 – Sustainable Buildings (2010)

3. Relevant Planning History:

3.1 Application number C09A/0552/20/AM – erection of 32 affordable houses to meet local need withdrawn by the applicant in July 2012. The application included eight two-bedroom houses, 14 three-bedroom houses and 10 four-bedroom houses and included the site that is the subject of this application along with an adjacent site that has been designated for housing in the GUDP.

4. Consultations:

Community/Town Council: No objection; however, there is an opportunity here to erect two- bedroom flats for local people – either for young families or elderly people or for people with physical needs.

Transportation Unit: Not received. Natural Resources Wales: Not received.

Welsh Water: Not received.

Flood Risk and Coastal Erosion Comments regarding protecting a water course and/or creation of a Management Unit: culvert in accordance with the Council’s requirements.

Biodiversity Unit: Need to re-plant trees that will not grow too substantially and a condition needs to be imposed to ensure that the work of clearing the site, including the felling of trees, is carried out outside the bird nesting season.

Public Protection Unit: Not received.

Public Consultation:  A notice was posted on the site and nearby residents were informed. The advertising period ends on 26.12.13 but no response had been received when preparing the report.

5. Assessment of the material planning considerations:

Principle of the development -

5.1 The principle of developing housing within development boundaries, but on sites that have not been designated for housing in the GUDP, is based on Policy CH4 which states that such proposals will be approved provided that a number of criteria can be met, such as a percentage of the units being affordable (this will vary from site to site), that the size, building plan, design and materials of the houses are commensurate to the specific need and that satisfactory arrangements are in place to restrict the occupancy of any house on the site initially and in perpetuity to those who can prove their general local need for an affordable house. Policy C1 states that the main focus for new developments will be locations within the development boundaries of towns and villages and the developed form of rural villages. Therefore, the proposal is acceptable in terms of these policies.

Language and community matters 5.2 No language and community statement was submitted as part of the application; however, the applicant was contacted asking them to submit an assessment for the application. The statement had not been received when the agenda was being prepared and it is hoped that it will be received before the date of the Committee. However, the proposal for the provision of reasonably-sized residential dwellings is within the development boundary. It is also intended to provide more rented housing in the local area and offer a variety in the type of housing available. It is expected that the language and community statement will be received; however, considering the type of application in question here, it is not anticipated that the proposal would have a significant impact on the Welsh language and the community and that it would be acceptable in terms of Policy A2 of the GUDP. Visual amenities

5.3 The site is located behind Y Wern housing estate and the proposed houses have been set on the site in a stepped form which extends further away from the nearest public place and is a reflection of the shape of the site itself. There is an empty space between the southern gable end of a housing terrace in Y Wern and residential properties to the south of the stream where the main vista into the site is located. Nevertheless, the site will be set back approximately 37m and on an angle away from the nearest public area (namely the nearby unclassified county road), and the proposed dwellings will have the rear of Y Wern houses as a backdrop to them. The visual appearance of the site currently has a negative impact on the townscape as it has overgrown over a tarmac and concrete surface.

5.4 The design of the houses are simple and modern with materials that are common in the area such as natural slate, render, UPVc materials to the openings and pebbledash. The proposal can be analysed as a reasonable extension to the existing estate – Y Wern. The applicant was contacted asking them to reconsider the design of the front elevations of the two-storey houses and consider exchanging the timber panels and high-level windows for a normal window or for the high-level window to be moved so that it has the same vertical emphasis and that is reflects what can be seen on the ground floor. We await the applicant’s response to this. To this end, it is not considered that the proposed development would create a development that is not in keeping with the streetscene and that it is therefore acceptable on the grounds of the requirements of Policies B22, B23 and B25 which relate to the design of buildings, amenities and materials.

General and residential amenities

5.5 As referred to above, the site is located on a plot of land located adjacent to Y Wern housing estate. The distance of the empty space between the rear of Y Wern houses (numbers 85-90) and the rear of the proposed houses varies from 25m to 39m and includes open gardens and a 1.8m high fence along the rear boundaries. To the west, there is a void measuring approximately 19m between the house at the far end of Y Wern (number 98) and the proposed house on plot number 1, and this area includes a parking area/ turning area with a hard surface. The application site is slightly lower than the houses adjacent to the site itself and bearing this void in mind, the design of the houses and their location in relation to the existing housing, it is not believed that there will be significant overlooking between the existing property and the proposed property and it must be considered that an element of communal overlooking already exists between the houses. Therefore, it is believed that the proposal is acceptable on the grounds of Policy B23 of the GUDP which relates to amenities.

Transport and access matters

5.6 The Transportation Unit has recommended that the site entrance is altered so that the entrance is immediately off the nearby unclassified county road which then reduces an increase in traffic along the existing driveway in front of the houses of Y Wern. It is considered that parking arrangements are acceptable. Subject to receiving amended plans relating to the access, it is believed that the proposal can be acceptable based on the requirements of Policy CH33 and CH36 of the GUDP in relation to safety on roads and streets and parking spaces. Biodiversity matters

5.7 A number of young trees are located on the site and it is intended to fell them. As there is value to these young trees in terms of providing a habitat for birds etc, it is suggested that a plan is agreed with the Local Planning Authority in relation to planting trees, such as mountain ash/rowan and that a relevant condition is imposed on any permission so that the site development cannot be commenced during the nesting period between 1 March and 30 August.

Sustainability matters 5.8 A pre-assessment report in terms of compliance with Level 3 of the Sustainable Homes Code was received. This assessment shows that it is anticipated that the houses would satisfy Level 3 of the Code. A condition would be required on any planning permission to ensure that the finished houses would reach Level 3 as a minimum and it is considered, if that can be done, that the proposal is acceptable in relation to Policy C7 of the GUDP which relates to building in a sustainable way.

Affordable housing / Section 106 Agreement matters

5.9 Policy CH4 states that a proportion of units on each site for 5 dwellings or more (which have not been designated but are located within the development boundary) must be affordable to meet general local need for affordable housing. Considering that the applicant is providing new rented social housing for local residents under their statutory responsibilities, it is considered in this particular case that the planning application can be dealt with as an exception to the policy. The affordability of these houses are also managed and reflected in the size and design of the houses themselves and are in accordance with the guidelines included in the Supplementary Planning Guidance: Affordable Housing (November 2009).

6. Conclusions:

6.1 This site is located within the development boundary and therefore, the principle of the development is acceptable. It is not considered that the proposal would have a detrimental impact on the visual amenities of the area or on the amenities of nearby residents. Therefore, it is not considered that the proposal is contrary to the relevant local and national policies noted above. Amended plans are awaited in relation to the front elevation of the two-storey houses and for the entrance.

7. Recommendation:

7.1 To delegate powers to the Senior Planning Manager to approve the application subject to the end of the consultation period, to receiving amended plans relating to the appearance of the two-storey houses and details of the entrance, to receiving favourable comments from the Transportation Unit and to receiving additional information and relevant conditions relating to:-

1. 5 years. 2. In accordance with the plans. 3. Natural slates. 4. To agree on the finish of the external walls. 5. Tree planting plan. 6. No work to be undertaken during the nesting season. 7. Conditions of the level 3 code. 8. To agree on boundaries. 9.Withdrawal of permitted development rights for extensions and curtilage buildings. 10. Any other condition required as a result of the consultation period, e.g. roads, Welsh Water.

Number: 11 Application Number: C13/1209/45/LL Date Registered: 04/12/2013 Application Type: Full - Planning Community: Pwllheli Ward: Pwllheli North

Proposal: RESIDENTIAL DEVELOPMENT OF FOUR TWO-BEDROOM HOUSES AND 2 TWO- BEDROOM BUNGALOWS Location: ABERERCH ROAD, PWLLHELI, GWYNEDD, LL535LT

Summary of the Recommendation: TO DELEGATE POWERS TO APPROVE SUBJECT TO CONDITIONS

1. Description:

1.1 The proposal is for a development of six new dwelling houses. There would be a pair of single-storey houses on plots one and two and two pairs of two-storey houses on plots three to six. The two-storey houses would measure approximately 5.5 metres by 9.2 metres and would measure approximately 83 square metres internally. The single-storey houses would measure approximately 10.8 metres by 6.6 metres with an internal floor surface area of approximately 60 square metres. It is proposed to cover the roof of the houses with slates and the external walls will be covered with a combination of render, bricks and timber. It is also proposed to provide one parking space within the curtilage of each property along with three parking spaces for visitors. As part of the application it is also proposed to relocate an electricity sub- station.

1.2 The application is submitted by Cartrefi Cymunedol Gwynedd and it is understood that the application would meet the need for smaller homes in Pwllheli that would be appropriate for the elderly and the disabled and would support Gwynedd Council’s objectives of providing affordable rented housing in areas with housing needs. Cartrefi Cymunedol Gwynedd is currently investing £136 million over five years to improve houses and providing new houses such as the current application is one way of achieving this.

1.3 The site lies within the development boundary of Pwllheli. 31 garages and an electricity sub-station currently occupy the site. Access to the site is gained along an unclassified road which currently serves the existing housing estate near the site. The first class road, the A497 is located approximately 30 metres to the north of the site. A railway is located to the south of the site. A playing field is located to the west and dwelling are located to the north and east of the site.

1.3 A Design and Access statement and details of the Sustainable Homes Code assessment were submitted as part of the application. The applicant was informed of the need to submit a Community and Linguistic Statement but it was not available at the time of preparing the report.

1.4 The application is submitted to the committee as it involves five or more dwellings.

2. Relevant Policies:

2.2 Gwynedd Unitary Development Plan 2009: POLICY A2 – PROTECT THE SOCIAL, LINGUISTIC AND CULTURAL FABRIC OF COMMUNITIES - Safeguard the social, linguistic or cultural cohesion of communities against significant harm due to the size, scale or location of proposals.

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

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

POLICY C3 – RE-USING PREVIOUSLY DEVELOPED SITES - Proposals which give priority to reusing previously developed land or buildings and are located within or adjacent to development boundaries will be permitted if the site or the building and use are appropriate.

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

POLICY CH3 – NEW HOUSES ON UNALLOCATED SITES WITHIN THE DEVELOPMENT BOUNDARIES OF THE SUB-REGIONAL CENTRE AND URBAN CENTRES – Approve the construction of houses on appropriate unallocated sites within the development boundaries of the Sub-regional Centre and the Urban Centres.

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

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

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

Supplementary Planning Guidance - Affordable Housing, (November 2009) Supplementary Planning Guidance – Planning and the Welsh Language (November 2009) Supplementary Planning Guidance – Planning for Sustainable Building (April 2010)

2.3 National Policies: Planning Policy Wales (Fifth edition, November 2012) Technical Advice Note 2 – Planning and Affordable Housing (2006) Technical Advice Note 12 - Design (2009) Technical Advice Note 18 – Transport (2007) Technical Advice Note 22 – Sustainable Buildings (2010)

3. Relevant Planning History:

3.1 The application has no relevant planning history.

4. Consultations:

Community/Town Council: Not received.

Transportation Unit: Additional information required in order to fully consider the application. The proposal involves erecting six new houses on a site which currently includes open spaces locally used for parking and 31 garages for local residents. Initial concerns are that the development would have a detrimental impact on the local road network by eliminating a parking area which is likely to lead to vehicles parking on the streets and on nearby estate roads. I recommend that the applicant submits further information to show that the proposal would not have a detrimental impact or that the garages are no longer in use.

Welsh Water: Awaiting a response

Affordable Housing: Awaiting a response

Scottish Power: Awaiting a response

Network Rail: No objection but submit standard notes in terms of development near a railway.

Public Consultation: A notice was posted on the site and nearby residents were informed. The advertising period ends on 27 December 2013 but no response had been received when preparing the report. 5. Assessment of the material planning considerations:

Principle of the development 5.1 The site lies within the town’s development boundary but no part of the site has been specifically designated for housing in the GUDP. Policy CH3 of the GUDP states that applications for the construction of houses on appropriate unallocated sites within the development boundaries of the Sub-regional Centre and the Urban Centres will be approved. In relation to housing developments in town centres, Policy CH6 of the GUDP also applies. This policy states that proposals for housing developments on a site, or on part of a site that can accommodate five or more housing units will be refused unless they comply with the criteria of the policy. Criterion 1 of Policy CH6 asks for a percentage of the units provided to be allocated for general need for affordable housing, but in this particular case it is considered that the planning application could be dealt with as an exception to the policy bearing in mind that the applicant is providing new social rented housing for local residents under their statutory responsibility. This is also reflected in the size of the houses themselves as the single-storey houses are approximately 60 square metres and the two-storey houses are approximately 83 square metres. These sizes are within the guidelines noted in the Supplementary Planning Guidance: Affordable Housing (November, 2009) and to all intents and purposes their size control their affordability. It is therefore considered that the principle of the proposal is acceptable in relation to Policy CH3 and CH6 of the GUDP.

5.2 The site is also considered to be on previously developed land. Policy C3 of the GUDP states that proposals that give priority, wherever possible, to reusing previously developed land or buildings that are located within or near development boundaries, rather than using Greenfield sites, will be approved provided that the site or building and the proposed use are suitable and conform to the Plan’s objectives and development strategy. The proposal would therefore make acceptable use of previously developed land.

Language and Community Matters 5.3 No Community and Linguistic Statement was received as part of the application but the applicant was contacted in order to ask them to submit a statement for the application. The statement had not been received at the time of preparing the programme and it is trusted that this will have been received prior to the Committee meeting. However, the proposal is for providing dwelling houses of a reasonable size within the development boundary. It is also proposed to provide more rented housing for local need and a variety of different type of houses is proposed including two single-storey houses that would be appropriate for the elderly and/or the disabled. We await the Community and Linguistic Statement but having considered the type of application in question it is not anticipated that the proposal would have a significant impact on the Welsh language and community and that it would be acceptable in terms of Policy A2 of the GUDP.

Design and visual amenities 5.4 The site currently includes 31 garages located in two blocks. The proposal would involve constructing six houses on the site – four two-storey houses on the northern end of the site and two single-storey houses on the southern end of the site. The houses would be placed in pairs and together they would form a small estate. It is considered that the proposal is acceptable for the location and of suitable size and scale. The applicant was contacted and was asked to re-address the design of the front elevation of the two-storey houses and to consider replacing the timber panels and the high level windows for general windows or that the high level windows are changed to have ones with a vertical emphasis and reflect those on the ground floor level. The applicant’s response to this request is awaited. The proposal would be finished with slate roofs and external walls of a combination of render, bricks and timber panels. It is considered that these finishes are acceptable and are in keeping with the surrounding area. Due to its location in the centre of a housing estate it is not considered that the proposal would stand out prominently in the landscape. Subject to receiving an acceptable amended plan for the front elevation of the two-storey houses it is considered that the proposal is acceptable in terms of Policies B22 and B25 of the GUDP.

General and residential amenities 5.5 Residential dwellings are situated adjacent to the site. There are windows in the rear of the houses to the north of the site. On the boundary between the site and these houses are a combination of hedges and fences and consequently it is not considered that there would be overlooking or loss of privacy on ground floor level. The distance between the existing houses and the proposed houses vary from approximately 16 metres to 20 metres. Having considered this distance it is not considered that there would be significant overlooking between the existing properties and the proposed properties. It is proposed to relocate the electricity sub- station located on the site. The sub-station would be located neat the single-storey house on plot one. It is proposed to plant trees between the sub-station and the house and it is not considered that the proposal would have a detrimental impact on the amenities of the residents of the new houses or the existing houses near the site. It is not considered that the proposal would cause significant harm to the amenities of the local neighbourhood and as a result, it is acceptable in terms of Policy B23 of the GUDP.

Transport and access matters 5.6 The proposal would use the existing access to gain access to the first class road to the north of the site. However, it is proposed to alter the access to the unclassified road which runs directly near the site. The proposal would include nine parking spaces, namely one for each house and then three additional parking spaces for visitors. Initial observations on the proposal were received from the Transportation Unit. These observations requested further information to be submitted as there were concerns that losing the garages and the open spaces around the garages would mean that approving the proposal would lead to vehicles parking on the streets and nearby roads. Consequently the applicant was contacted and a response was received confirming that the 31 garages were now empty. Previously, 18 of the garages were empty and out of the 13 that were in use they were mostly used for storing home equipment rather than vehicles. Of those garages that were used to store vehicles they were mostly used by residents who were not local to the area and used to store their second vehicles. The applicant was aware that at least one local resident, who was disabled, parked on the waste land to the south-east of the site and there is additional parking provision for the detached houses provided as part of the proposal. The Transportation Unit was contacted in relation to this additional information and their response is awaited in order to fully assess the proposal against the requirements of Policies CH33 and CH36 of the GUDP.

Sustainability matters 5.7 A pre-assessment report was submitted in relation to compliance with Level 3 of the Code for Sustainable Homes. This assessment demonstrates that it is anticipated that the houses would reach a score of 59.86% and it is therefore anticipated that the houses would reach Level 3 of the Code. A condition will be needed with any planning permission to ensure that the completed houses reach at least Level 3, and provided this is done, it is considered that the proposal is acceptable in relation to Policy C7 of the GUDP which involves building in a sustainable manner.

Any Other Business 5.8 As part of the application it is proposed to relocate an electricity sub-station. Scottish Power was consulted and we await their response.

5.9 The site is near a railway. The houses themselves have been located at least two metres from the boundary with the railway and it is proposed to erect a fence that is 1.8 metres high along this boundary. Network Rail was consulted on the proposal and they had no objection to the proposal.

6. Conclusions:

6.1 The site is within the development boundary and, therefore, the principle of a housing development on the site is acceptable. It is not considered that the proposal would have a detrimental impact on the area’s visual amenities or the amenities of neighbouring residents. Amended plans are awaited for the front elevation of the two-storey houses. The Transportation Unit’s response to the additional information in relation to the current use of the garages is awaited. A response is also awaited in terms of relocating the electricity sub-station and the proposal’s proximity to the railway.

7. Recommendation:

7.1 To delegate powers to the Senior Planning Manager to approve the application subject to the end of the consultation period, to receiving amended plans in relation to the front elevation of the two-storey houses and to receiving favourable observations from the Transportation Unit on the additional information received and relevant conditions in relation to:-

1. Commencement within five years. 2. Slates on the roof. 3. Agree on external walls finish. 4. Withdrawal of permitted development rights for extensions and curtilage buildings. 5. Compliance with the requirements of Level 3 of the Code for Sustainable Homes – interim certificate. 6. Compliance with the requirements of Level 3 of the Code for Sustainable Homes – final certificate. 7. Any other condition required as a result of the consultation period e.g. roads, Welsh Water, Scottish Power.