PWYLLGOR DYDDIAD: 24/09/2012 SIAMBR DAFYDD ORWIG CYNLLUNIO DATE: CHAMBER CAERNARFON PLANNING COMMITTEE

EITEM CAIS RHIF CYMUNED LLEOLIAD ITEM APPLICATION COMMUNITY LOCATION NUMBER

1 C11/0240/11/LL Bangor Ysbyty Minffordd Hospital, Bangor 2 C12/0308/12/LL Betws Garmon Bryn Gloch Caravan & Camping Park, Betws Garmon 3 C12/0383/18/LL Llanddeiniolen Llys Gwynt, Llanddeiniolen 4 C12/0974/09/LL Tywyn Tir ger / Land Near – Pendre Gardens, Tywyn 5 C12/0991/46/LL Tudweiliog Llaniestyn Auto Services, Llaniestyn 6 C12/1074/39/LL Llanengan Maes Parcio - Pant y Branner - Car Park, Cilan 7 C12/1076/39/HY Llanengan Maes Parcio - Pant y Branner - Car Park, Cilan Number: 1 Application Number: C11/0240/11/LL Date Registered: 13/06/2011 Application Type: Full - Planning Community: Bangor Ward: Hendre

Proposal: DEMOLISH EXISTING BUILDINGS AND SITE CLEARANCE, ERECTION OF BUILDINGS TO CREATE A 36 BED SPECIALIST CARE FACILITY, PARKING SPACES AND LANDSCAPING Location: YSBYTY MINFFORDD HOSPITAL, BANGOR, LL574DW

Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:

Description: This application was deferred at the committee held on 7th November 2011, for the following reasons:  To receive additional information regarding the proposed development and the service to be offered at the new units  Additional information regarding local need for the service, employment and sustainability  To consult with the health board in order to receive their views regarding the proposal

In response to the above matters, the following observations were submitted by the applicant’s agent:-  Confirmation was received that discussion had taken place between the developer (Rushcliffe Care) and the health board, where there was recognition that the board would not foramlly support the proposal as the company was not on the health board’s tender list and therefore patients would not be referred formally via the local health board. However, it is noted that this is a commercial decision for the company in terms of placing individuals there and filling empty beds, the company was aware of this from the start and had assessed the situation prior to buying the site.  In terms of justification for the development, reference was made to another site operated by the company in South Wales, the company was not on the reference list of the health board there either. However, the site had enabled individuals who receive care outside Wales to return giving quality extra provision and investment in the area. Reference was made to an award the site received namely APEX Independent Mental Healthcare Provider Award 2011.  It was noted that the company was confident that the service will be filled, although at their own risk via urgent contracts with persons currently receiving care outside Wales.  The view was that there were evident benefits of approving this plan in terms of job creation, benefit to the local economy, safeguarding historical buildings etc.

The following confirmation was received from the health board regarding was mentioned earlier and in terms of the board and their views regarding this type of facility and the service offered by external providers:  Because of a finished contract regarding the placing of patients in units of this type, the board did not consider new providers until the period for this contract had terminated (approximately August 2013). At the end of this period, new providers could be received as long as the specific criteria was satisfied, however, at the moment this application was not supported by the local health board.

In terms of the Council’s social services, it was confirmed that the service did not formally support the development, especially in the context of the response of the health board above.

Regarding the application itself, you will recall that it was a full application for planning permission to demolish existing buildings and erect a new building to create a 36 bed specialist care facility together with parking spaces and landscaping of the site. The site comprises a number of stone buildings that previously formed a hospital; although this use ceased many years ago, the site retains legal use as a hospital.

As well as the demolition and clearing work, there are also some trees on the site to be felled.

There are a number of substantial trees within the site and along its western boundary and partly along its other boundaries, together with a substantial stone wall which runs along the site.

The proposal would involve erecting a building which is mainly two-storey and finished with natural stone, brick and render with a slate roof. It would see the creation of 50 parking spaces (with two designated disabled parking spaces) within the site, a bin storage structure, bicycle shelter, and a 3 metre high security fence on part of the site.

The proposed use would create four self-contained units which are independent of each other but within the same main building. The use complies with the legal use of the site within Use Class Order C2 (hospitals, nursing homes, residential schools etc), creating a total of 36 beds for individuals with learning disabilities, physical impairments and mental health problems.

The facility is being divided to create one 12 bed medium security unit, two 8 bed low security units, and one 8 bed “step down / rehab” unit.

In addition to the above provision, living / dining / activity / meeting rooms would be created as well as a sports / health hall, together with outside recreational areas on specific parts of the site.

The site is located outside the development boundary of the city of Bangor adjacent to a public road which leads to the villages of Glasinfryn, Minffordd and Caerhun.

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

Gwynedd Unitary Development Plan 2009:

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

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

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

Policy C1 - Locating new developments – 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 a development that is permitted by another policy of the Plan.

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

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

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

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

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

Policy CH41 – Residential and Nursing Homes – Proposals for new nursing homes are approved providing they conform to a series of criteria relating to accessibility, highways considerations, visual and environmental impacts, the fact that the site or the building has to be within the development boundary and the fact that no development should lead to too many similar establishments in one specific area. National Policies:

Planning Policy Wales – Fourth Edition (February 2011)

- Part 4.8 – Preference for the re-use of land - Part 4.10 – Promoting sustainability through good design - Part 4.11 – Planning for sustainable buildings - Para. 8.7.1 – Development control and transport

Technical Advice Note 12: Design Technical Advice Note 18: Transport Technical Advice Note 22: Planning for sustainable buildings

Relevant Planning History:

A number of planning applications have been submitted in relation to development on this site, mainly relating to alterations and additions to the buildings of the former hospital, but there is no planning history that is relevant to the development in question.

Consultations:

Bangor City Council: Suggested that the application be deferred in order to receive further information regarding users of the facilities. Also concerned regarding the impact of additional traffic on the substandard roads in the area.

Pentir Community Council Generally content as the existing untidy site will be tidied up and used, however, they raise the following points:  Inadequate road towards the site  The company’s credibility  Impact on current local services  The need to promote local economy by employing local employees and to promote the Welsh Language  Local demand for the service

Transportation Unit: No objection since the proposed use is fairly similar to previous use of the site and it is considered that the site is comparatively accessible to vehicles and pedestrians.

Environment Agency: No concern regarding flooding but suggest a standard condition in relation to drainage of surface water.

Welsh Water: Standard conditions regarding drainage and sewerage and refer to the location of the mains water pipe crossing part of the site.

Public Protection Unit: Not received

Building Control: Not received

Civic Society: Not received Fire Service: No observations

Access Officer: Acknowledges the content of the access statement

Archaeological Trust: Observations regarding the report on recording the site and buildings which has already been received, and suggesting a new condition in relation to submitting an archaeological programme prior to commencement of the development.

Biodiversity Unit Confirm that a number of bats use parts of the site and within the site including an established roost within the gatehouse. Recommend that the gatehouse be retained and that alleviation measures be taken including additional landscaping as an alleviation measure.

Social Services Original comments refer generally to the proposal and state that it is unlikely that Gwynedd Social Services would place individuals directly within the site since they have severe needs; it is more likely that Health would refer to the scheme. The latest comments confirm that the service did not see a need for this development especially having seen the health board’s response.

Countryside Council: Suggest that the gatehouse be retained and that alleviation measures be taken.

Biodiversity Unit – Trees: Accept that trees can be felled, as stated in the report submitted with the application, within the site since there are adequate numbers of trees along the other parts of the site boundary. However, replanting is suggested to alleviate the loss by means of imposing a condition, and it is suggested that conditions be imposed to protect the trees that are retained.

Planning Policy Unit: Observations regarding the proposal in relation to adopted policies. It is recognised that the proposal satisfies the policy on re-using previously developed sites. However, it is located outside the development boundary of the city and it should therefore be proved that the development needs to be located here as there are no other sites available. It is also suggested that the location would not be accessible for visitors. Public Consultation: An advert was placed in the local press and a notice posted on site, and nearby residents were informed. The consultation period ended on 20.07.2011 and two letters were received objecting to the application on the following grounds:  Unacceptable numbers within the units  Lack of compliance with policies and national care guidelines  Creating an establishment rather than providing care  Lack of consultation  Concern regarding prominence of the safety fence  Additional landscaping required  The adverse impact of lighting on the site on the area’s amenities  The impact of additional traffic on the local road network

Additional Information:

To conform to current legislative requirements, the following information was submitted in the form of formal documents.

 Design and Access Statement – it is considered that the document as submitted is acceptable and that consideration has been given to its content since it refers to specific matters in relation to the proposed development and how consideration has been given to specific matters such as design, access, sustainability, community safety and movements into and out of the site.  Site assessment – reference is made to matters relating to the geology of the site and any risk in terms of developing the site.  Initial BREEAM Sustainability Assessment – the assessment states that the proposal as outlined in the plans would not reach the requirements to be a very good grade development; however, a number of measures are suggested for inclusion as part of the development that would increase the grade to reach the required level to be called a very good development. This would not involve structural changes but rather additions to materials used, introducing specialist measures for building etc. It could be ensured that the requirements are met by imposing a relevant condition.  Green travel plan – explains how a series of measures are suggested to promote green travel for staff and visitors to the site. It is considered that the information submitted is adequate in terms of providing information about local public transport services and that the company is committed to trying to maintain the plan.  Tree survey – trees on the site are recorded any important matters are identified such as use by bats, important species etc. On the basis of the report, it is suggested which trees should be felled and this information has been received by the authority.  Bat survey – A report and detailed plans have been received regarding the presence of bats on the site and use of the site. There is an established roost within the gatehouse at the main entrance to the site and it has been suggested that this building should be retained; it is also suggested that alleviation measures should be taken throughout the site to ensure that there is no detrimental impact on the bats. This matter is discussed further in the report.  Report recording buildings on the site – it has been suggested by the authority that the buildings on the site should be recorded because of the history of the site and its importance to the local area. The report contains an historical record of development on the site as well as a series of photographs of the buildings.  Language and community assessment – this document which refers to the impact of the development on language and community matters within the area has been submitted. This report has been assessed by the Planning Policy Unit. Briefly, the unit recognises that the development is likely to have a positive effect on matters such as local services and shops, and since a significant percentage of the population of Bangor are Welsh speakers the development would be beneficial to the local population and beneficial in terms of supporting the Welsh language as the proposal is likely to create a number of new posts and there is a reference to using the local population to fill these jobs. . There is no confirmation with regard to numbers, but it is expected that the proposal would generally be of benefit locally.

Material Planning Considerations:

Design and the impact on the visual amenities of the area

1. Although this site is close to the city of Bangor, it is in a mainly rural area. The site is surrounded by open agricultural fields and there are a number of mature trees along or comparatively near to the boundary. A public road runs parallel to the southern boundary of the site. Historically, there has been a hospital on this site for over a century, but it has now stood empty for a number of years. The buildings seen today on the site vary in their condition, some being in a poor state of repair due to vandalism or theft.

2. The existing buildings on the site are mainly two-storey, and vary to a degree in their appearance due to alterations and modern additions such as flat-roof single-storey extensions. This proposal involves demolishing the majority of these buildings and erecting a new building which would be mostly two-storey, with the exception of the sports hall which would be approximately 13 metres in height at its tallest point.

3. The site is located on land which rises away from the adjacent road; due to this ascent in the land and the presence of a large number of mature trees, most of the site is screened naturally due to the nature of the land and the trees..

4. The proposal involves retaining and reusing materials from the existing buildings where appropriate or using materials to be agreed by means of specific conditions. It is considered that this proposal is acceptable since there are elements common to the proposal in terms of materials (brick, render, natural stone and slate) and to buildings in the area. It therefore complies with the requirements of Policies B22 and B25. Also, the setting and the provision within the site for users of all abilities ensures access for all which is accordance with policy CH30. The existing stone wall along the boundary to the site will be retained which will preserve the visual appearance of the site.

5. This is a previously developed site and is therefore considered to be a Brownfield site. There is an emphasis on ensuring that such sites are reused rather than using green sites, and therefore the proposal complies with policy C3. The policy unit has referred to policy C1 which states that new developments should be located within development boundaries, but because of the location the proposal would not satisfy this policy. However, it is considered in this case that there is justification for this development in this location because of the nature of the proposal and previous use of the site. Indeed, it is likely that the site could be reused by means of renovating the buildings, although this would be difficult due to the substantial costs involved in bringing them up to today’s standards; however, this proposal is closely in keeping with the historical use of the site.

6. The dwelling nearest to the site is located approximately 80 metres away, with a small number of houses further from the site. The proposal would involve the erection of a permanent fence around the site It is possible to ensure that the finish of the fence is in keeping with the location by means of imposing a condition and therefore it is not considered that the proposal would have a detrimental impact on residential amenities any more than it did when the site was operating as a hospital, and therefore the proposal complies with the requirements of policy B23.

Sustainability and Highway Matters

7. An application of this scale must comply with building standards and requirements in a sustainable manner. A report has been submitted referring to the likely method of meeting these requirements. The conclusions of the report state that the development would not reach the very good standard without including additional elements, but it lists what would be required. This includes ensuring the use of appropriate insulation, taps and toilets that use less water, appropriate lighting, provision of recycling resources etc. This would be ensured by means of a condition and therefore it is considered that the proposal complies with policy C7.

8. Because of the location of the site on the outskirts of the city, the policy unit has questioned whether it is a truly accessible site and note that it could lead to an increase in journeys made in private vehicles due to its location. Reference must be made to previous observations in relation to the historical use of the site. This proposal, as confirmed by the Transportation Unit, is relatively similar to the historic use of the site, and it is not anticipated that there would be a substantial increase any more than that seen previously.

9. As regards accessibility, the site is within 250 metres of a public bus route. Although a steep hill leads towards the site from Caernarfon Road up Hendrewen Road, a pavement runs along the length of the road which ensures the safety of pedestrians. Once again, reference is made to the observations of the Transportation Unit which confirms that the site, the access and the parking provision and its proposed use are not likely to have an adverse impact on highway issues. It is considered therefore that the proposal complies with policies CH28, CH33 and CH36.

Use of the site

10. The proposal involves providing care and treatment for individuals with various conditions. Concern has been expressed in one letter of objection regarding the type of care provided. This is not a material planning consideration since care arrangements on the site and its monitoring would be the responsibility of others and not the local planning authority. As referred to above, the use complies with the legal use of the site within Use Class Order C2 (hospitals, nursing homes, residential schools etc).

11. It is noted in the formal observations of the Social Services department that it is unlikely that they would place individuals within the site since users’ needs would be severe, and therefore the health authority is likely to make greater use of the site (see initial observations).

Biodiversity Matters

12. Clear use of the site by bats has been recognised in detailed plans and reports. The most obvious matter was the presence of a roost in the gatehouse at the access into the site. Since the original proposal includes the demolition of this building, observations have been received stating that it would be better to retain this building or to ensure the provision of a new roost on the site as an alleviation measure.

13. Because of this concern, and following discussions with the developer, it has been decided to retain this building to ensure the continuation of the roost. Also, it is felt that retaining this characteristic building at the access into the site would be a permanent record of what existed on the site historically. Protecting this roost ensures compliance with the requirements of policy B20.

Conclusions:

This site is located on the outskirts of the city of Bangor and is therefore outside the development boundary as indicated in the Gwynedd Unitary Development Plan. This is a previously developed site and is therefore considered to be a Brownfield site with legal use as a hospital.

The new buildings proposed following the demolition of the existing buildings are acceptable as regards to scale, design and finish and the use is in accordance with the historical use of the site.

Although some concerns have been raised regarding the visual impact of the development on the area’s amenities, it is felt that the provision on the site can be managed by means of imposing strict conditions to ensure that the detrimental impact would not be any greater than that which previously existed.

Concerns have been noted in terms of the proposed use of the site, employment opportunities, impact on the Welsh Language and to whom has the provision been directed. The proposed use is in accordance with the historical use of the site as it falls within the same class use. It has already been noted that local employment opportunities are likely to lead to the availability of new posts for the local population which is beneficial in terms of retaining local residents in the area which comprises a significant percentage of Welsh speakers. It has been noted that local users will not be referred here by the local health board, and consequently the concern is that users from outside Wales will receive care. This is not a relevant Planning matter as the control of users is not a pure Planning matter. This application entails the re-development of a site that is rapidly deteriorating in terms of condition and appearance, use is in accordance with the historical use of the site although there is no support to the proposal from the local health board and Gwynedd social services, it is considered that this matter and all the issues raised by these bodies do not mean that it is possible to deviate from the relevant Planning issues.

Having given careful consideration to all the relevant matters including the letters of objection and local and national policies, it is considered that the proposal is acceptable and complies with the requirements of the policies as noted above.

Recommendation:

Approve – conditions – time, compliance with plans, materials, landscaping, safeguarding trees, bats, drainage and sewerage, submit details for lighting the site, site use, parking provision, compliance with BREEAM sustainability standards. Number: 2 Application Number: C12/0308/12/LL Date Registered: 01/03/2012 Application Type: Full - Planning Community: Betws Garmon Ward: Waunfawr

Proposal: RE-LOCATE OF PITCHES ON EXISTING HOLIDAY PARK (OVERALL REDUCTION IN NUMBERS) REGULARISATION OF WINTER STORAGE FOR 85 TOURING CARAVANS, DEMOLITION OF SINGLE STOREY TOILET BLOCK, REMOVAL OF PORTABLE TOILET BLOCK TO BE REPLACED WITH LODGE STYLE PORTABLE TOILET AND WASHING FACILITIES STRUCTURE (FOR DISABLED VISITORS), MINOR INCREASE TO VISIBILITY SPLAY IN PARK ENTRANCE, MINOR INCREASE TO CREST LEVEL OF EXISTING FLOODBANK, LOCATION OF FREESTANDING TIMBER PLAY EQUIPMENT, LOCATION OF WI-FI ANTENNAE, ADDITIONAL LANDSCAPING PLANTING BELTS AND ENVIRONMENTAL IMPROVEMENTS Location: BRYN GLOCH CARAVAN & CAMPING PARK, BETWS GARMON, CAERNARFON, LL547YY

Summary of the TO DELEGATE POWERS TO APPROVE SUBJECT TO THE APPLICANT Recommendation: SIGNING A LEGAL AGREEMENT UNDER SECTION 106 REGARDING ABOLISHING THE LAWFUL USE CERTIFICATE FOR THREE TOURING CARAVANS AND 20 TENTS IN FIELD NUMBER 3.

1. Description:

1.1 This is an application to re-locate pitches within the holiday park, regularise winter storage for 85 touring units, to demolish a toilet block, remove portable toilet block to be replaced with new toilet block (for disabled visitors), to increase visibility splays at park entrance, to increase crest level of existing floodbank, install freestanding timber play equipment, to site a WI-FI antennae, additional landscaping and environmental improvements. Having considered the scale of this development, the planning application area can be divided into four accessible parts – the entrance, field number one, field number two and three and these areas have been interpreted in the site’s main plan which also includes the part of the site that is within the authority of the National Park (field numbers 4, 5 and 6). The site is located to the east of Waunfawr in a rural area with dispersed residential dwellings and farms in the landscape which has been locally earmarked as a Landscape Conservation Area along with Afon Gwyrfai which has been designated as a Site of Special Scientific Interest and a Special Area of Conservation. The site is also centrally located between Registered Historical Landscapes to the north and south. 1.2 The entrance – the entrance to the holiday park is off the A4085 trunk road (Caernarfon to Beddgelert) and is currently narrow with sub-standard visibility. The proposal is to widen the entrance and connecting walkway to 6m and expand the visibility toward the north east and north west to a radius of 8m (which will also mean moving the existing sign, that has been located on the plot of land to the north east of the entrance itself in order to have a clear visibility). 1.3 Field number 1 – this field is located to the rear of the shop/office and directly to the south of the line of the Welsh Highland Railway. Currently, this field has 14 static caravans and 27 touring caravans on it (1 March – 10 January season). It is proposed to install 17 static caravans along the boundaries of the field and remove the touring caravans. The existing holiday season will remain. This field has been substantially screened by mature trees and shrubs but it is also proposed to informally landscape within the field in order to break up the current empty space. A walkway serves the field in loop form off the main driveway which serves the site. Also, it is proposed to demolish the toilet block in the north west corner of the field and replace it with a static caravan. To the east of this field and on the other side of the driveway, playing equipment for children will be added in the form of a timber climbing frame measuring 7.5m in length and 4m in width. 1.4 Field number 2 – this field is located to the rear of field number 1 and includes 65 touring units along with winter storage for 85 touring units without planning permission – this needs to be regulated in the present application. It is proposed to reduce the number of touring caravans to 46 (occupancy period between 1 March – 10 January) and winter storage of touring units to 85 between 1 November – 28/29 January. Again, this field is connected with the main driveway in loop form and has been substantially screened from any public area by mature trees and shrubs. The washing and toilet facilities will remain as they are in the north westerly corner of the field. 1.5 Field number 3 – this field is located on the southern outskirts of the park with Afon Gwyrfai partially forming a boundary for the field itself and in the past the field has been subject to a complex planning history. The field was subject to an enforcement appeal in April 2008 regarding siting 43 touring units in a holiday season between 1 March - 31 October. The appeal was refused and the requirements of the enforcement notice have now been complied with by removing the driveways and the touring caravans pitches along with the lighting column (although the gravel mound remains on the site’s northern boundary). In February 2006, a lawful use certificate for 23 pitches was permitted (3 touring units and 20 tents) and they can be sited anywhere in the field during Easter week, the last May Bank Holiday, the Whitsun week, July and August. However, evidence was submitted by the owner showing, in his opinion, that the field had been used by 29 touring caravans for a longer period than what had been permitted in the certificate. In this latest application, the proposal is to site 28 touring units in the north easterly area of the field to be used between Good Friday and 30 September. It is also proposed to replace the portable toilets with a purpose-built lodge style building for such facilities that will be more in keeping with its background and in compliance with health requirements. Since this field is more visible from the south, it is proposed to undertake extensive planting and landscaping work in the field’s southern area with indigenous trees and also in the northern part between the touring units themselves. The planting of trees and landscaping mean that the southern part of the field, which is closest to Afon Gwyrfai and the Site of Special Scientific Interest, cannot be developed. It is also proposed to install a climbing frame as playing equipment for children within the landscaping plan of the same design and size as the frame located near field number 1. It is intended to site a WI-FI wire in the northern part and between the trees/landscaping with a height of 4m and a thickness of 50mm. In accordance with the requirements of the Environment Agency, the embankment that is located between the field and the adjacent river is being raised to level 0.1% (July 2010 report) on the basis that a part of the field is within Zone 2 in terms of flood risk. 1.6 As part of the application and in accordance with the requirements of TAN 12 on “Design” (June 2009) a design and access statement was submitted referring to the five statutory headings. It is believed that the content of the statement reflects the nature and the scale of the application. To support this latest application, a flood consequence assessment (a re-assessment report, July 2010) and a flood study (April 2005) together with an otter survey was submitted in addition to this statement. 1.7 To create an accurate main plan for the site this application has been subject to considerable discussions and site visits with various statutory consultants before hand. As the boundary line ran through the site it was decided that the way forward was to submit an application to Gwynedd separately to the Park but that the same information and evidence were submitted to both authorities on the basis of consistency and equality. The application has already been submitted to the Park’s members and they have initially decided to visit the site before making any decision. The recommendation of the officers was to refuse the application based on Eryri Local Development Plan policies which relates to the extension of field number 6 (easterly side of the holiday park) detrimentally impacting the area’s visual amenities. 1.8 In his design and access statement the applicant has summarised the number of current units within the holiday park as well as the proposed numbers. Currently, there are 17 static caravans (including the warden), 263 touring units and 112 tent pitches in the park. As part of the latest two planning applications it is intended to change these figures to 20 static caravans (3 additional caravans in field number 1). In addition to this, the lawful use certificate will need to be abolished (see above) for 3 touring caravans and 20 tents in field number 3 by means of a legal agreement under Section 106 which will then permit the applicant to site 28 touring units in only the north easterly area of the field and that the remainder of the field remains as an amenity area that can be landscaped for the use of holiday park occupants.

2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009:

POLICY 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 ultimately that the impact can be avoided or alleviated.

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

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

POLICY B15 – PROTECTING NATURE CONSERVATION SITES OF INTERNATIONAL IMPORTANCE. Refuse proposals which are likely to cause significant damage to nature conservation sites of international importance unless they conform to a series of criteria aimed at managing, enhancing and protecting the recognised features of such sites.

POLICY B16 – PROTECTING NATURE CONSERVATION SITES OF NATIONAL IMPORTANCE. Refuse proposals which are likely to cause significant damage to nature conservation sites of national importance unless they conform to a series of criteria aimed at protecting, enhancing and managing recognised features within the sites. POLICY B20 – SPECIES AND THEIR HABITATS THAT ARE OF INTERNATIONAL AND NATIONAL IMPORTANCE 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 must conform to a series of criteria aiming to safeguard the recognised features and amenities of the local area.

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

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

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

POLICY D20 – TOURING CARAVAN, CAMPING AND TOURING UNIT SITES – EXTENSIONS, ADDITIONAL PITCHES, RELOCATION AND EXCHANGES Proposals for increasing the number of pitches, extensions to sites, or for the relocation or exchange of pitches will be approved provided the proposal forms part of a scheme to ensure environmental and visual improvements, and meets other criteria relating to the impact of the development on the local area.

POLICY D21 – STORING TOURING CARAVANS Proposals for storing touring caravans will be permitted provided they conform to criteria regarding the impact of the development on the local area and using the site to store unused touring caravans.

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

Supplementary Planning Guidance: Holiday Accommodation (July 2011)

Supplementary Planning Guidance: Landscape Character (November 2009). 2.3 National Policies:

Technical Advice Note 5 on “Nature Conservation and Planning” (September 2009).

TAN 12 on “Design” (June 2009).

TAN 15 on “Development and Flood Risk” (July 2004).

TAN 13 on “Tourism” (October 1997).

Planning Policy Wales, Edition 4 (February 2011) – Chapter 7 “Supporting the Economy”, Chapter 11 on “Tourism, Sport and Recreation”, and Chapter 13 on “Minimising and Managing Environmental Risks and Pollution”.

3. Relevant Planning History:

3.1 There is a long and complex planning history to this holiday park which dates back to the early 60s and 70s. In this case however, it is believed that the relevant applications that need to be included in this report are :-

(i) Application number 2/4/1321C - 14 static caravans in field number 1 permitted in 1971. (ii) Application number 3/12/5B - 27 touring caravans in field number 1 permitted in 1979. (iii) Application number C02A/0052/121/LL - extending the holiday period to 1 March - 10 January permitted in 2002. (iv) Application number 3/12/5G - 65 touring caravans in field number 2 permitted in 1984. (v) Application number C05A/0282/12/TC - a lawful use certificate for field number 3 (which includes the field in its entirety) for 3 touring caravans and 20 tents permitted in February 2006. (vi) Application number C06A/0577/12/LL - retain and remove present engineering works, provide 25 serviced hardstandings, 8 informal pitches, internal road, an increase in land use over an extended area from 3 touring caravans and 20 tents for the use of 43 touring caravans/units and seasonal tents to extend the present caravan park as well as creating a flood prevention bank, landscaping and providing additional landscaping refused in July 2007 on the grounds of planning policies relating to the principle of such a development in a sensitive area, along with its unacceptable impact on the landscape and amenities of nearby residents. An appeal was lodged against this judgement to the Planning Inspectorate but not only was the planning application appeal refused (on the basis of visual amenities and flood risk) but an enforcement notice was also confirmed against the unauthorised work undertaken on the site by the appellant. The majority of the work to comply with the enforcement notice has now been undertaken except for the gravel mound which is located on the north easterly boundary of field number 3.

4. Consultations:

Community/Town Council: To support the application as it seeks to raise the standard of the facilities in order to augment the business. This will be beneficial to the whole area as visitors will be spending money in local businesses.

Transportation Unit: No objection but subject to conditions regarding the entrance. Environment Agency: Conditions need to be included on any permission which involves raising the height of the embankment in field number 3 and a maintenance plan for the embankment needs to be submitted and approved by the Local Planning Authority.

Welsh Water: Not received.

Public Protection Unit: To approve subject to licensing requirements and compliance with them e.g. width between each static caravan, width between each touring caravan, fire service, compliance with the requirements of the Caravan Act 1960 and the Public Health Act 1936, the new toilet block to comply with the licensing conditions and the playing area site with the requirements of British Standards. Biodiversity Team: A test of Likely Significant Impact (in accordance with Habitats and Species Conservation Regulations 2010) has been undertaken and it is believed that there will be no significant impact on the Special Area of Conservation. However, the applicant is advised to undertake the work in October or during the winter and that recommendations as described in the Method Statement, that were submitted with the application, must be followed. Countryside Council for To object if the proposal will not comply with the Habitats Wales: and Species Conservation Regulations 2010. Additional information needed with the application regarding a method statement and an otter survey (which have been submitted to the Local Planning Authority and the Countryside Council for Wales by now as well as the Biodiversity Team – see Biodiversity Team observations above).

Public Consultation: A notice was posted on site and neighbouring residents were notified. The consultation period ended on 25.04.12 and two letters / correspondence were received objecting to the application on the following grounds:

 Concern regarding field number 3 in the application as it is located within a flood plain which includes a Site of Special Scientific Interest.  The previous application was refused and even though the majority of the work has been undertaken on the site to comply with the requirements of the enforcement notice the environmental conditions has not changed.  Any changes in the flood plain can increase the possibility of flooding in Gwyrfai Terrace.  It is also noted that public footpaths cross the site (part of the National Park) and that the location of the footpaths have already been changed in the past without permission, although the advantages of the present application for pedestrians are recognised.  The entire size of the development means that it will have a detrimental impact on the area’s visual amenities, especially on the footpaths which penetrates the uplands and nearby mountains.  It is believed that holiday park population will substantially increase – an overdevelopment of the holiday park.  Sewerage – the construction and design of the sewerage system must be of a standard that is able to cope with this additional need for it.  Flood – disagrees with the outcomes of the flood consequence assessment that was submitted with the application.  Responsibility – there is a responsibility to run the park on the basis that health and safety will fall on the owner/applicant.  Over the years the site has been developed in fragments and this has been beneficial to the applicant rather than the authorities.

In response to the statutory observations and observations by third parties, the following observations were submitted by the applicant’s agent:-

 The pictures were taken by one of the objectors before any landscaping work was undertaken on the site of the holiday park. These pictures have been taken with a telephoto lens which is misleading and does not accurately reflect the situation.  The holiday park population figures that were submitted by one of the objectors have been exaggerated compared with figures used by the Environment Agency.  The Agency has confirmed that the proposed sewerage system is an improvement on the existing system and that drainage permissions are licensed by them.  Extensive time, money and effort have been spent on evaluating flood risk in field number 3 on the site as well as close collaboration with the Agency and specialist engineers in this field. The agency is satisfied with the latest proposal subject to including relevant conditions on any planning application. Responsibilities regarding health and safety issues are managed by the Council’s Caravan Licensing Officer and a full survey has already been undertaken where the applicant/owner was advised that the planning application had been permitted in terms of the site license.  The main plan will not set a precedent for other developers as each site/application is dealt with on its own merits.

Seven letters / correspondences were received which supported the application on the grounds of:

 Approving the proposal would be beneficial to the area in terms of creating work.  The main plan will improve the environment and promote the local economy/businesses.  Permitting further improvements to the holiday park would attract more tourists to the area.  The site is already tidy and orderly and is well run to a high standard. No reason to complain about the holiday park in the past and it does not have a detrimental effect on the amenities of nearby residents.

5. Assessment of the material planning considerations:

Principle of the development - the holiday park’s planning history dates back to the 60s with the park itself extending fragmentally in the past. Therefore, it is believed that useage as a caravan park has been historically established apart from field number 3 and field number 6 (which is under the care of the Park). Policy A3 of the Unitary Plan states that proposals are refused if there is any possibility of serious or irreversible damage to the environment and this statement is further reflected in policy B10 (protecting and enhancing landscape conservation areas), B14 (protecting the landscape character of the National Park), B16 (protecting nature conservation sites), B20 (protecting species and their habitats) and B23 (safeguard the amenities of the local neighbourhood). In addition to environmental considerations, issues regarding road safety which are reflected in Policy CH33 (safety on streets and roads) and developments on land at risk of flooding as referred to in Policy B29 of the Unitary Plan must also be considered. There are specific policies regarding locating or extending caravan sites which include storing caravans and upgrading existing sites (policy D17, D20 and D21 of the Unitary Plan). The objectives included in these policies are reflected by the Welsh Government in their publications: Technical Advice Note number 12, 13 and 15 (see above) as well as Chapters 7, 11 and 13 of Planning Policy Wales (see above). Taking into consideration the context of these planning policies, as well as the observations of statutory consultants, it is believed that the proposal in principle is acceptable, subject to including appropriate conditions to ensure that the site is developed systematically.

Visual amenities - one of the reasons the previous application for 43 touring caravans/tent units was objected to, as well as associated engineering works, was the development’s detrimental and significant impact on the area, and following the appeal the inspector concluded that this part of the caravan site would “intrude on the nearby countryside, which is an area of substantial natural beauty and nature conservation value, in a visually detrimental manner.” Taking this into consideration and following extensive discussions with statutory consultants, including the Local Planning Authority, a redevelopment plan was submitted for field number 3 which would include 28 touring units (15 tents and 13 touring caravans) together with a washing room/facilities for visitors and park users. The touring units and washing facilities have been appropriately and informally located on the field’s top/northern half and between dense landscape (rather than on the whole open field as present, following the permission of the lawful use certificate in 2006) in order to reduce any visual impact on the nearby landscape. As a surface for the drive a grass reinforcing system is used instead of a solid surface such as slate – even though tarmac surface is used in only the top half of the field. The lowest part of the field will be densely landscaped using indigenous trees/shrubs such as blackthorn, alder, ash and oak and it will create a natural plot of land in order to protect the river bank and the associated Site of Special Scientific Interest. Playing equipment for children based on a climbing frame will be centrally located in the landscaping on the northern side of the field and will be made of natural timber. The washing facilities will be made of timber and located with a backdrop of mature trees. The main impending views into this part of the park are from the south west and south east, but these views are intermittently taking into consideration the nature and character of the landscape. Although some parts of the park are visible from the high ground surrounding the valley these will only be from afar. Field number 1 and 2 have already been well screened with existing trees and shrubs but when undertaking further landscaping work and relocating the static caravans more informally, it is believed that this will be an improvement to the current visual situation. The location of field number 2 within the holiday park, as well as the mature trees/shrubs which are on the field’s western boundary, mean that it has been well screened and this is why it is proposed to continue to store 85 touring caravans here during the winter. Although this field is fairly concealed, taking into consideration the above observations and ensuring that the landscaping will be completely realised by including planning conditions on any permission, it is believed that this latest proposal will not have a substantial and significant impact on the surrounding landscape that has been earmarked as a Landscape Conservation Area and partly located within the National Park. It is therefore believed that the proposal is acceptable in terms of the requirements of Policy A3, B10, B14, B23, B27 (landscaping plans), D17 and D20 of the Unitary Plan as well as the advice included in the documents: Supplementary Planning Guidance: Holiday Accommodation, TAN 12 on “Design”, TAN 13 on “Tourism” and Planning Policy Wales, Edition 4, February 2011.

General and residential amenities - one of the reasons the previous application was objected to was on the grounds that the unauthorised development would have a detrimental impact on the amenities of nearby residential properties. Various residential properties have been located around the holiday park in Gwynedd and within the National Park. The nearest dwellings to the site (field number 3) varies from 219m - 391m away and it was confirmed by the Inspector in the appeal that these dwellings are some distance away from the site (field number 3) and that nothing for that matter was unacceptable and by taking into consideration also the reduction in numbers in terms of touring units it is believed that there will not be an unacceptable impact on the amenities of local residents. It is therefore believed that this latest proposal conforms to Policy B23, D20, D21 and D17 of the Unitary Plan.

Transportation and access matters - The proposal means improving the current entrance to the park in terms of visibility and width and the Highways Unit accepts these improvements by recommending relevant conditions. It is believed that there will not be a substantial increase in the number of park users compared with the number of people who currently visit the park, and the nearby roads network (trunk road A4085) is suitable for this latest proposal.

Biodiversity matters - the Council’s Biodiversity Unit and the Countryside Council have responded to this latest application by confirming (having received additional information on the basis of a method statement which then enabled the Biodiversity Unit to undertake a Test of Likely Significant Impact, in accordance with the Habitats and Species Conservation Regulations, 2010) that the proposal was acceptable in terms of its impact on species and their habitats together with its impact on the Site of Special Scientific Interest and the Special Conservation Area (Afon Gwyrfai). It is therefore believed that the proposal is acceptable on the grounds of the requirements of Policy A3, B10, B15, B16 and B20 of the Unitary Plan.

Archaeological Matters - it is believed that there are no archaeological implications with this application.

Public safety and prevention of crime - each vehicle that visits the site must report to a staff member on duty in the reception area near the entrance to the park itself. In addition to the reception, there is an electronic barrier across the railway bridge in order to ensure that no vehicle can enter the park without initially receiving an entrance tab.

Sustainability matters - this latest proposal includes elements of recycling materials such as plastic and paper, using low energy bulbs for street lighting as well as using a grass reinforcing system to surface the majority of new driveways in field number 3. The proposed replacement of the existing temporary building in field number 3 involves a purpose-built washing building/facility which has been designed to be sustainable.

Relevant planning history - there is a long and complex history to the caravan park but the main applications and appeals are referred to in the above statement. It is seen that the park has been established since the 60s and that it has developed gradually since this period. This latest application includes a main plan of the site which includes the part in the National Park and the part in Gwynedd and a separate application has been submitted to the Park for field number 4, 5 and 6 (see above).

The economy - the applicant stated in his design and access statement that this latest proposal meant upgrading the facilities in the holiday park as well as reducing the number of caravans and it is hoped that this will promote spending in the local area.

Flooding issues - this element of the proposal was totally fundamental and material to the refusal of the previous application and subsequent appeal. Since then, extensive discussions have taken place between the applicant’s agent and the Environment Agency, and the Agency has now stated that flood risk can be reduced by undertaking work to raise the existing flood embankment as well as undertaking maintenance work on it in the future. This work can be undertaken by including relevant conditions on any planning permission. It is therefore believed that the proposal is acceptable in terms of the requirements of Policy A3 and B29 of the Unitary Plan.

Community benefit/106 agreement issues - as referred to in the above assessment, the applicant will need to sign a legal agreement under Section 106 in order to abolish the lawful use certificate that was permitted in February 2006 for 3 touring caravans and 20 tents in order to ensure acceptable management of the site and to protect the area’s visual amenities.

Response to the public consultation - letters expressing concern and support to this latest application (see above) have been received and it is believed that the Local Planning Authority has considered these responses as material considerations in preparing a recommendation for this application.

6. Conclusions: 6.1 Taking into consideration the above assessment, it is believed that this latest proposal is acceptable in terms of its location, design, materials, density, visual amenities (impact on the landscape around the site), residential amenities, road safety and its impact on nature conservation sites of international importance.

7. Recommendation:

To delegate powers to the Senior Planning Manager to approve the application, subject to the applicant signing a legal agreement and in accordance with the following conditions:-

1. In accordance with the plans. 2. Landscaping condition. 3. To limit the occupancy period. 4. To limit the number of caravans. 5. Environment Agency conditions. 6. Highway conditions. 7. Biodiversity conditions. Number: 3 Application Number: C12/0383/18/LL Date Registered: 27/03/2012 Application Type: Full - Planning Community: Llanddeiniolen Ward: Bethel

Proposal: SITING OF 20M HIGH WIND TURBINE TO HUB AND 26M TO BLADE TIP TOGETHER WITH ASSOCIATED EQUIPMENT Location: LLYS GWYNT, LLANDDEINIOLEN, CAERNARFON, LL553AG

Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:

1. Description:

1.1 This is an application to erect and site a 15kW wind turbine with a tower/column measuring 20.5m in height to the hub/“nacelle” (which is behind the hub) and the blades (three of them) measuring approximately 13.1m in diameter with a maximum height of 27.1m above ground level and set on a concrete foundation measuring 5.5m2. This type of turbine can be described as a small-scale development as it would not generate more than 5MW of power. There will be no need to construct a sub-station for a turbine of this size as it will be connected to the electricity network by underground cables which connect to the grid near one of the farm buildings. Neither will there be a need to undertake engineering works for a vehicle driveway (since an informal driveway already exists which is used for access to the agricultural land) or for external equipment storage.

1.2 This type of turbine was chosen (ref. CF15e) as it is considered (according to the applicant) to be one of the most effective turbines in the energy-generating market today, and maximises wind capture whilst reducing noise output through the design and low speed of the rotor. The purpose of locating the turbine on the site is to generate sustainable electricity to meet the needs of the farm which will subsequently reduce the farm’s carbon footprint. When the turbine generates more power than is needed to meet the requirements of the farm the surplus electricity will be transferred to the national grid. At times when the power generated is less than what is required on the farm, the supply shortage will then be imported from the national grid itself.

1.3 The turbine is located on agricultural land which forms part of the agricultural unit of Llys Gwynt, approximately 60m to the east of the farm buildings on landscape that is open in nature. Residential dwellings are located approximately 300m to the north; 200m to the west and approximately 190m to the south, where the built area known as Seion is located. To the south of the site the view of the turbine is concealed due to the existence of a fairly substantial hillock which runs parallel with the second class county road – B4366. Several studies and assessments were submitted with the application, including a design and access statement (which refers to the five statutory headings), photomontages from various directions and a noise assessment by the wind turbine company itself along with a background noise assessment by an external company.

1.4 In addition to the above information, details were submitted to the Local Planning Authority of the siting of a 27.1m wind turbine to be screened for an Environmental Impact Assessment under the Town and Country Planning (Environmental Impact Assessment) Regulations (England and Wales) 1999 (as amended). After assessing the likely impact of the proposal on the environment using the selected criteria in Schedule 3 as well as the guidelines in the Welsh Office Circular 11/99, it is considered that the impact of the development on the environment is insufficient to justify submitting an environmental statement with the planning application.

1.5 Following the initial submission of the application a noise and wind monitoring assessment was submitted by noise consultants in accordance with the requirements of British Standard BS 5228. The monitoring work was undertaken between 29.05.12 and 01.06.12 on three sites (adjacent to residential dwellings) around Llys Gwynt – site 1 near Tai Seion, Seion (to the south-west of the site); site 2 near Penrhoswylfa (to the north of the site) and site 3 to the front of Tai Cae Rhos terrace (to the north-west of the site). The monitoring assessment concludes that the level of noise generated by the turbine will be lower than the current background noise levels of the three sites above.

1.6 Members will recall that this application was deferred at the Committee on 30/07/12 to enable the Members to visit the site before making a decision on the application, and receive observations from the Public Protection Unit regarding the noise implications that could possibly derive from the wind turbine. The Department has now submitted its observations and it is confirmed that there is no objection provided that appropriate conditions are imposed on any permission regarding maximum noise levels.

Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009:

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

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

POLICY 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 B33 – DEVELOPMENTS THAT CREATE POLLUTION OR NUISANCE - Protect public amenities, health and the natural or built environment from high levels of pollution. POLICY C26 – WIND TURBINE DEVELOPMENTS - Proposals for wind turbine developments within the Llŷn AONB will be refused and in other locations, only proposals for small-scale or community or domestic based wind turbine developments will be approved provided they can comply with a series of criteria.

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

2.3 National Policies:

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

3. Relevant Planning History:

3.1 There is no planning history in terms of applications except for a notice submitted in 2002 for the erection of an agricultural shed under reference no. C02A/0434/18/YA.

4. Consultations: Community/Town Council: The proposed turbine is far too large according to the opinions expressed by objectors.

Highways Unit: No objection.

Environment Agency: Low risk to the environment.

Countryside Council for Wales: The development in its current form will not have a detrimental effect on the interests of the area’s natural heritage.

Biodiversity Unit: No biodiversity concerns but the applicant is requested to plant trees or erect a ‘clawdd’ near the turbine.

Gwynedd Archaeological No need for an archaeological assessment in this respect. Planning Service:

Spectrum Licensing/Ofcom: Information regarding microwave connections managed by Ofcom only.

The Joint Radio Co. Ltd: They foresee no problems regarding interference with the infrastructure managed and run by Scottish Power.

Public Protection Unit: Noise conditions to safeguard the amenities of the nearby dwellings. Defence Infrastructure Not received. Organisation: Campaign for the Protection Not received. of Rural Wales: Windfarm Support (UHF No objection to the proposal. Radio Scanning Telemetry Communications):

Public Consultation: A notice was posted on site and in the press, and nearby residents were informed. The consultation period ended on 27.04.12 and 10 letters / items of correspondence were received objecting to the application on the following grounds:  An acoustic assessment was submitted by the turbine’s manufacturers which refers to a 15m high turbine and not a 20m high turbine as in this case. The assessment must refer to the right-sized turbine.  Need to have a wind speed assessment for a 20m high turbine rather than for a 15m high turbine, and which reflects the actual wind speed and the noise produced by it.  Wind turbines may affect the health of nearby residents on the basis of noise disrupting sleep (especially children). The turbine could create a shadow flicker effect.  The road serving the site is narrow and winding – it could create problems for heavy vehicles transporting the turbine to the site to the detriment of road safety.  Recent studies have shown that solar panels are five times more effective than wind turbines.  Detrimental effect on birds / bats and wildlife on the basis of noise created by the wind turbine.  Relocating the wind turbine to the east would reduce the concerns of local residents on the grounds of disturbance and visual amenities. It is currently too close to residential dwellings.  Recommend granting permission for a year only to ascertain the real effects of the turbine on the environment and local population.  Need to consider whether the proposal should be the subject of an environmental impact assessment.  The photomontages are insufficient to confirm that the turbine will not affect visual amenities.  Ensure that the proposal is not part of a wider development for the creation of a commercial wind farm.  Approving the proposal would set a precedent to approve other wind turbines in the landscape at the expense of visual amenities.  It could have a negative impact on tourism in the area. In response to the above objections, the applicant has submitted the following information:-  The noise levels submitted by the turbine manufacturers have been taken from a wind turbine with a rotor diameter of 13.1m on a 20m high column. The taller the column the quieter the wind turbine as the slant distance increases (differences in 5m are negligible).  Noise levels up to 10m/s are the main values. If noise levels are louder than this the turbine will retract the blades in order to maintain the generator’s speed at 90rpm – therefore, the noise generated by the turbine does not increase above wind speeds of 10m/s. In reality, if wind speed increases beyond 10m/s, the noise generated by the turbine cannot be heard as the background noise of the wind will be louder than the noise generated by the turbine itself.  The monitoring assessment states that the noise generated by the wind turbine is quieter than the background noise on the three sites when wind speed is between 1.5m/s and 30m/s.  There is no evidence that wind turbines have an effect on people’s health. The output of a 15kW turbine is a 100 times lower than the output of a typical farm turbine.  The turbine is located to the north of the road which means that it is located approximately 200m away from any residential dwellings.  If the average wind speed is higher than what is foreseen here, this will make the turbine more efficient and will generate more electricity. As referred to above, if wind velocity is strong, the background noise is louder than the maximum noise level generated by the turbine itself, which is approximately 41dba at a wind speed of 10m/s. 5. Assessment of the material planning considerations:

Principle of the development – TAN 8 ‘Planning for Renewable Energy’ (July 2005) considers the contribution of wind turbines for the generation of 'clean' electricity as a national requirement, and one of the main aims of the Assembly's energy policy is for Wales to be a global example in terms of generating clean energy and to seek to establish itself as an exemplar of green management in Wales. The Welsh Government is of the opinion that wind power offers the greatest potential, in the short term, to increase the electricity generated from renewable sources. Paragraph 12.8.9 of the Minister’s Interim Planning Policy Statement (July 2005) notes that the need for wind turbines is established through a global environmental order and an international agreement, and it is a key part of meeting the Welsh Government's targets for generating renewable energy. Therefore the land use planning system should actively refer developments to the most appropriate locations. 5.2 Planning Policy Wales deals with the potential conflict on a strategic level by defining the key role of the planning system, in order to ensure that the community’s land needs are met through methods that do not impose unnecessary restrictions on development by ensuring that all reasonable steps have been taken to safeguard or enhance the environment.

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

5.4 Whilst TAN 8 notes clearly that there is an implicit objective to maintain the integrity and quality of the landscape within National Parks and Areas of Outstanding Natural Beauty, Planning Policy Wales (2002) notes, however, that small-scale or domestic based developments could be appropriate in the majority of locations, provided that they are located and designed sensitively. The Ministerial Interim Planning Statement (July 2005) notes further that smaller-scale or domestic or community based wind turbine developments could be suitable within national designated sites (such as Areas of Outstanding Natural Beauty) and without Strategic Search Areas, conditional on all other material planning considerations.

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

5.6 Having considered national and local planning policies, it is considered that renewable energy developments such as wind mills/turbines are acceptable in principle, subject to assessing all other relevant planning considerations which include the responses of statutory consultees and third party observations.

5.8 Visual amenities

Although the site in question is not designated or is the subject of any statutory or local landscape restriction, it is located in a rural and agricultural area. From the perspective of the landscape character of the area, it has been defined as containing “undulating agricultural land” in the Gwynedd Design Guidance (2003), using the LANDMAP methodology (which assesses the value and character of the landscape), and is of moderate quality. However, this particular site and the nearby agricultural land have not been recorded in LANDMAP’s database for any visual designation of importance.

5.9 As part of the application a visual assessment was submitted in the form of photomontages in order to assess the impact of the turbine from different perspectives on the varied landscape surrounding it, and referring to the content of TAN 8. Although this document advises a visibility zone of a 20-30km radius around turbine sites of this type, it is believed in this case, taking into consideration the size, design and its location in the landscape, that the photomontages submitted with the application give a sufficient illustration of the turbine’s location in the landscape. It is not believed that there is a need to extend the radius of the zone further as the turbine will appear smaller to the naked eye the further away the view is from the turbine itself. This is particularly relevant in this specific case as the views from the east and the south-east of the turbine have been reduced by the existence of a fairly substantial hillock. 5.10 The applicant’s design and access assessment concludes that the development would not affect the local landscape and that the impact on the broader landscape would be insignificant. It can be seen from the photomontages that the turbine would not be completely visible when looking at it from a number of nearby vantage points and this is due to the area’s nature and topography which contains undulating landscape and woodlands. From the north (along the class 2 county road) the turbine is occasionally visible until one approaches the Tŷ Mawr roundabout where the landscape becomes more open and is without a backdrop/ background. From the east, the turbine will not be visible from the county road (B4366) except for a while near the Tŷ Mawr roundabout. To the south (further down the county road towards Bethel) it is believed that the turbine will not be visible in the landscape until one travels towards and past Seion and up the hill opposite the dwellings of Cae Rhos, Penrhoswylfa and Tŷ’n Llidiart, where most of it becomes visible (including the blades), between the existing structures and ‘cloddiau’ as there is no backdrop / background for the turbine (in the main). The view further away from the site from the west is reduced by the presence of the established woodland of Nant y Garth, and from the east by a hillock. It can be deduced from the photomontages that a number of views of the proposed turbine are intermittent views, taking into account its location in the landscape, although the objectors have concerns regarding its impact on the landscape. In addition to this, the substantial structures located to the north of the site where the Pentir electricity sub-station is located must be taken into consideration, which caused an impact on the landscape but by now has become part of the character of the landscape itself, despite its scale in relation to nearby buildings. Looking to the north, the sub-station is part of the background for the proposed turbine and it could be argued that the scale of the turbine is far less than the scale of the sub-station, although it would located on ground that is higher than the sub-station.

5.11 There is also a means of mitigating the effect and impact of the structure on the landscape by, for example, including a condition (should the application be approved) requesting that the applicant submits details of an appropriate colour for the external finish of the turbine.

5.12 Taking into consideration the above assessment, and the nature and character of the location in general, it is believed that the proposal is acceptable in terms of the requirements of policy B23 (safeguarding the amenities of the local neighbourhood), C26 (ensure that wind turbine developments will not have a detrimental impact on the landscape), Planning Policy Wales, Chapter 5 (protect and enhance the natural heritage and the coast), TAN 8 (safeguarding the landscape when considering wind turbine developments) and Strategic Policy 4 (developments must be of a good design to ensure that they contribute positively to the landscape) of the Unitary Plan.

5.13 General and residential amenities

As mentioned above, residential dwellings are located to the north, south and west of the site of the proposed turbine. The property known as Penrhoswylfa is located approximately 312m to the north; Number 6, Tai Seion is located 205m to the south; the property known as Tyddyn Llidiart is located 228m to the west and a cluster of dwellings, including Tai Cae Rhos, are located 254m away to the north-west of the turbine. Open agricultural land in the form of a hillock is located to the east of the application site. Given the location and the setting of the residential dwellings from the site, it is unlikely that there will be any shadow flicker impact associated with this proposal. It is noted in the Welsh Government’s paper on micro-production that noise levels of 40dB(A), (index of the British Wind Energy Association, the Welsh Government’s TAN 8 and the Energy Technology Support Unit’s ETSU-R-97 document) or lower, should be sufficient to safeguard the amenities of nearby residents from any substantial risk of the development affecting their amenities through noise. Although concern has been raised by the objectors regarding the validity and accuracy of the noise level figures, the noise assessment undertaken in May concludes that the noise emanating from this type of turbine will be lower than or very similar to the existing background noise levels on the three sites referred to above. The current background noise levels in the three sites vary from 30dB (site 1) at a wind speed of 3.5m/s to 41dB (site 3) at a wind speed of 1.9m/s. The noise levels anticipated by the turbine (in accordance with the manufacturer’s figures) are 22.5dB at a wind speed of 4m/s and 41.1dB at a wind speed of 10m/s (site 1) and 19.7dB at a wind speed of 3m/s and 41.4dB at a wind speed of 10m/s (site 3). If this application is approved, strict condition(s) should be imposed in accordance with the observations of the Public Protection Unit which will ensure that the turbine complies with ETSU-R-97 requirements, as this would then offer reasonable protection to local residents from noise disturbance. These levels should then be monitored.

5.15 In this case the noise impact can be controlled by imposing planning condition(s) with any permission. From this perspective, it is believed that the proposal complies with the requirements of Policy B33 (developments that create pollution or nuisance through noise, air, water or soil pollution) and the contents of TAN 11, ‘Noise’ (1997).

5.16 Objections have also been raised by the residents of the houses surrounding the site on the grounds that a turbine, because of its size, design and location, would create an ‘intimidating’ and physical structure in the landscape. Appeal cases indicate that no strict general rule is applied in terms of the distance between wind turbines and residential dwellings and that decisions on such applications are made by taking into account the specific details and local circumstances of each case. Although private views are not legally safeguarded, the impact on the living conditions of residents of houses is an important material consideration. It is believed in this case, taking into account the setting of the nearest dwellings to the turbine, that the proposal will not have a significant impact on the amenities of the nearby residents on the basis that it is a threat to them (although it is acknowledged that the turbine will be visible from the nearest dwellings and will interrupt general views of the nearby landscape). Furthermore, there is no evidence that proves that such developments have an effect on health. Therefore, it is believed that the proposal complies with requirements of Policy B23 (safeguarding the amenities of the local neighbourhood) and Strategic Policy 9 (ensuring that plans to provide energy from renewable sources do not harm the amenities of nearby residents) of the Unitary Plan.

5.17 Traffic and access matters Taking into consideration the scale of the proposal, the Highways Unit has no objection to the proposal. The details of the application include an explanation of the size of the turbine together with confirmation that the turbine can be delivered to the site on a normal lorry. It is therefore believed that the proposal is acceptable in terms of the requirements of Policy CH33 (safety on roads and streets) of the Unitary Plan.

5.18 Biodiversity matters Neither the Countryside Council for Wales nor the Biodiversity Unit have any concerns about the application, but the applicant could be encouraged to plant more trees/cloddiau in the area of the turbine.

5.19 Archaeological Matters

Taking into consideration the scale of the proposal and its location, an archaeological assessment is not necessary in this case.

5.20 Public safety and crime prevention

The site will not be open to the public and the turbine is located far from any road or public footpath.

5.21 Sustainability matters

As referred to above, the Welsh Government and local planning authorities encourage the population to increase the levels of electricity generated from renewable sources and the need for wind turbines to play an important part in meeting the Government’s targets for renewable energy generation is established. This development would correspond with the objectives of the Government and the Unitary Development Plan in terms of sustainable developments.

5.22 Community Benefit / 106 Agreement issues

It is stated in the planning statement that the application, if approved, would enable the applicant to satisfy the daily energy requirements of the farm and subsequently significantly reduce the carbon footprint of the farm. There would be no justification with this development, given the scale and the applicant’s intention, to request a contribution via a 106 agreement for community benefit.

5.23 Cumulative impacts

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

5.24 Economy and Tourism

Several objectors are concerned about the impact of the proposal on the local economy and tourism in the area. However, numerous studies have been undertaken, for example by the Scottish Government (2008), the British Wind Energy Association (2006) and the Renewable UK Cymru Strategy Group (2011) which state that the impact of wind farms on the local economy and on tourism are insignificant, and in this case no robust evidence has been submitted (to enable refusing the application) showing that the proposal would have a detrimental effect on the local economy and on visitor numbers to the area.

5.25 Response to the public consultation

As referred to in the above assessment, a substantial and varied number of objections have been submitted following local advertisement, and it is believed that the Local Planning Authority has considered these objections as material considerations in preparing a recommendation for this application.

6. Conclusions

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

 That the principle of wind developments in the countryside is generally acceptable, in order to meet national objectives of making greater use of renewable energy.  There will be no impact on transport and road safety (taking into account the scale of the proposal and the information submitted with the application), ecology or biodiversity, no archaeological implications and no flooding implications.  It is believed that the proposal will not have a significant impact on the landscape and the visual amenities of the rural area based on its design, size, scale and location, and on the character of the landscape.  There will be no impact on local and statutory landscape restrictions around the site (the only designated statutory landscape, 720m to the north-west of the site, is the ‘ancient woodland’ of Nant y Garth). The area has been designated by LANDMAP as undulating agricultural land of moderate amenity value.  It is not believed that the proposal will have a significant impact on the general amenities of nearby residents on the basis of the setting and location of the turbine in relation to nearby settlements, its scale and its size.  There is no evidence to justify refusing the application on the grounds of its effect on tourism and the economy.

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

In this case, taking into consideration the above assessment, it is believed that the proposal submitted here conforms to the policy objectives which promote renewable energy and that it conforms to the requirements of the Unitary Development Plan and the advice of the Welsh Government on such developments.

7. Recommendation:

To approve – with conditions:-

1. Limited term planning permission of 25 years from the date when electricity is generated for the farm. 2. Complete the development in accordance with the plans submitted. 3. Disposal works and site restoration works to be completed by 26 years. 4. Details of exact location and grid reference of the wind turbine to be approved prior to commencing the work. 5. It is not permitted to vary the agreed locations by more than 10m. 6. Remove the turbine if it has been redundant for a specific time. 7. Control noise and maximum permitted noise emissions in accordance with the requirements of ETSU-R-97 (Public Protection Unit conditions). 8. Agree on the turbine’s colour before any work commences on the site. Number: 4 Application Number: C12/0974/09/LL Date Registered: 23/07/2012 Application Type: Full - Planning Community: Tywyn Ward: Tywyn

Proposal: RESIDENTIAL DEVELOPMENT OF 13 DWELLINGS AND 4 FLATS Location: LAND NEAR - PENDRE GARDENS, TYWYN, GWYNEDD, LL369EL

Summary of the Recommendation: DELEGATE THE RIGHT TO APPROVE THE APPLICATION WITH CONDITIONS AND SUBJECT TO THE AMENDMENT OF THE CURRENT 106 AGREEMENT

1. Description:

1.1 A full application to erect 13 dwelling houses and four new flats, including creating an estate road and parking spaces, creating a new access, demolishing a building, creating an open playing space and landscaping. The plans indicate a mix of houses, including erecting four two- storey houses (semi-detached) with three bedrooms, one detached two-storey adapted house with five bedrooms, five two-storey terraced houses with three bedrooms, four two-storey flats with one bedroom and three single-storey bungalows with two bedrooms. There was an outline planning permission on the site until recently that came to an end on 15 September 2012 for the erection of 11 dwellings, including four affordable houses. Clwyd Housing Association has now bought the site and has increased the size of the site from the original permission by including development land in the north-easterly corner of the site where a sub-standard building is currently located. Consequently, and in order to amend the setting and the type of houses that are proposed on the extended site, the number of houses have now increased from 11 to 17 units and the proposal would include amending the wording of the current 106 agreement to ensure the relevance of the agreement to the amended plan and to continue to allocate four affordable houses with an agreement on the site.

1.2 The current plan includes 11 parking spaces to be located on the north-western side of the access near Brook Street and 25 community parking spaces within the estate for the development along with two separate parking spaces for the adapted house.

1.3 Pendre Industrial Estate lies to the east and includes a post sorting office and a gas bottle storage yard and to the south there are individual houses and a workshop and on the edge of the westerly boundary is a county road, Pendre Hall, garages and dwellings on the opposite side of the road. The external walls of the proposed building will be covered with coloured render, windows and doors from a mix of timber and aluminium and finished with colour and slate on the pitched roofs. The parking spaces would have porous black surface and the estate road would be surfaced with tarmac.

1.4 Meetings were held prior to submitting an application with the applicant’s architect and an Ecological Report, Community and Language Statement and a Code for Sustainable Homes Assessment was provided with the application, and in accordance with the legislative requirements the application was supported with a Design and Access Statement. It is considered that the content of the reports are acceptable and that due consideration and balance has been given to the relevant issues. 1.5 The application is submitted to the Planning Committee in accordance with the Gwynedd Delegated Planning Scheme as the proposal involves a residential development for five or more dwellings.

2. Relevant Policies:

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

2.2 Gwynedd Unitary Development Plan 2009: Policy 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 the design of good buildings by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features and character of the local landscape and environment.

Policy B23 – Amenities – Safeguard the amenities of the local 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 the building materials are of high standard and in keeping with the character and appearance of the local area.

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

Policy 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 a development that is permitted by another policy of the Plan.

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

Policy CH4 – New Dwellings On Unallocated Sites Within The Development Boundaries Of Local Centres And Villages – Approve proposals for the construction of new dwellings on unallocated sites within the boundaries of Local Centres and Villages if they conform to criteria aimed at ensuring an affordable element within the development. Policy CH30 – Access For All – Refuse proposals for residential, business/commercial units or buildings/facilities for public use unless it can be shown that full consideration has been given to the provision of appropriate access for the widest possible range of individuals.

Policy CH33 – Safety on Roads and Streets – Development proposals will be approved if they 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 distance from the site to a public car park.

Policy CH43 – Provision of Open Spaces of Recreational Value in New Housing Developments - Expect that new housing developments of 10 or more dwellings - in areas where the existing open spaces provision does not meet the needs of the development - to provide suitable open spaces of recreational value as an integral part of the development.

2.3 National Policies:

Planning Policy Wales (Fourth edition, February 2011)

Part 9.3.4 – In determining applications for new housing, local planning authorities should ensure that the proposed development does not damage an area’s character and amenity. Increases in density help to conserve land resources, and good design can overcome adverse effects, but where high densities are proposed the amenity of the scheme and surrounding property should be carefully considered.

Part 4.10 – Promote sustainability through good design Part 4.11 – Planning for sustainable buildings Para.8.7.1 – Development Control and Transport

Technical Advice Note 2: Planning and Affordable Housing (2006) – Para. 10.11 notes that local planning authorities and applicants for planning permission should work collaboratively in order to establish an appropriate and well-integrated mix of housing types and tenures which will contribute to the identified need for affordable housing.

Technical Advice Note 12: Design (2009) – advice on good design.

Technical Advice Note 18: Transportation (2007) – advice on integration between land use planning and transportation, location of developments, parking, planning developments, walking and cycling, public transport, planning for the transport infrastructure and assessing the impacts and managing implementation.

Technical Advice Note 22: Planning for Sustainable Buildings – advice on ensuring more sustainable buildings by means of good design.

3. Relevant Planning History: 3.1 Application C08M/0079/09/AM – Outline application for 11 houses – Approved 15 September 2009.

4. Consultations:

Town Council: No objection and wished to state that there was a need to consider allocating some of the houses for local need through the 106 agreement and further stated that the development would likely lead to parking difficulties in the area.

Transportation Unit: Support the application and proposed standard conditions.

Environment Agency: Not received

Welsh Water: Not received

Biodiversity Unit: Not received Public Consultation: A notice was posted on the site and nearby residents were notified. The advertising period ended on 15 August 2012 and one letter / correspondence was received from the secretary of the Pendre Social Hall committee providing observations on the basis of:

 No objection to the principle of the proposal but a site meeting was requested with officers (which has now taken place) to discuss parking and transport concerns.  Brook Street is a busy and congested road and as the use is likely to increase, there are concerns about difficulties in vehicular movement and parking along the street.  The hall does not currently have a specific parking allocation but it was asked whether it would be possible to include up to 12 parking spaces for the use of Pendre Hall as part of the housing plan.

5. Assessment of the material planning considerations:

Principle of the development 5.1 The proposal to erect a mix of houses and flats in order to provide 17 living units by a housing association would be consistent with the principles of Policy CH4 of the unitary plan which involves proposals for new houses on specific sites which have not been allocated within the development boundaries of local centres such as the town of Tywyn. In this case an outline permission for 11 units existed on the site up until 15 September 2012 and the permission expired during the consultation period of the current application. It is considered that there is justification for the development which includes an element of new land in order to change the mix and type of provision offered on the site, it would be likely to contribute in a positive way to the choice of dwellings proposed and would include a mix of terraced houses, detached houses and semi- detached houses and would continue to include four affordable houses through planning obligation. With this in view, the housing policy requests that satisfactory arrangements are available to restrict a percentage of housing occupancy for local affordable need and this is assessed under the heading ‘106 Agreement Matters’. 5.2 In terms of the principle of ‘Locating New Developments’ the land near the houses, the hall and the boundary of the industrial estate are within the town’s development boundary and it is expected in Policy C1 of the Gwynedd Unitary Development Plan (GUDP) that the main focus would be on promoting the development of such houses. In this case it is acknowledged that the plan would be of appropriate size and design and would support enriching the local environment. Priority is given to plans that have a close visual connection with buildings that already exist, and on the whole it is considered that the applicant has risen to the challenge and has effectively integrated a modern development in form and character that is likely to respect the area and at the same time complement beneficial housing resources that would ensure the area’s social progress.

Visual, general and residential amenities 5.3 The site is located adjacent to Pendre Hall and a workshop and to the direction of the north and the south there are residential houses mainly on the open vacant field site and part of an orchard that has overgrown. The site is situated within the town of Tywyn development boundary on the proposals map of the Gwynedd Unitary Development Plan (July 2009) however, it has not been specifically earmarked for housing developments and it is not considered to be open land in need of protection.

5.4 There are dwellings nearby that vary in terms of size, design and finish and it is considered that there is a need to design any development of new houses in a compatible way that will draw on the existing character of the area and on the whole a combination of traditional and modern houses can be seen. In paragraph 9.3.1 of Planning Policy Wales it states that “new housing developments should be well integrated and connected to the existing pattern of settlements”. The plan includes landscaping details and a provision of open space of recreational value on the south west side of the site that is acceptable and consistent with the principles of policies B27 and CH43 of the unitary plan.

5.5 In terms of residential amenities the nearby existing site has a mix of houses and businesses and the Talyllyn railway line is located within approximately 30 metres of the site in the direction of the south-east corner. In terms of the location of the proposed dwellings, in relation to nearby houses, it is not considered that the design of the estate is within unacceptable distance of residential houses as their lay-out with the gable-end facing the detached houses to the south and the north would be a way of reducing any likely effect and impact on those houses in terms of over-looking and loss of privacy. It is considered that the proposal would not have a substantial effect on the amenities of nearby residents, consistent with the principles of Policy B23 of the Unitary Plan.

5.6 It is considered that the development of 17 units would have a low impact on the character and appearance of the area, and would care for the needs of the users of the development and nearby houses in a sustainable climate, therefore, it would comply with policies B22, B23, B25, C1 and C7 of the Unitary Plan.

Traffic and access matters 5.7 The Highways Department was consulted on the proposal and they support the proposal to include a design that shows an estate road approximately 5.5metres wide with a footway approximately 1.6metres along one side. The site plan that was submitted with the application shows the parking provision, including 36 parking spaces within the estate and two parking spaces for the adapted house and in accordance with ‘Wales Parking Standards’, 23 parking spaces are expected for this type and scale of development. It is considered that the parking provision is sufficient and the additional provision could be considered as spaces that replace those that will be lost along the new access to Brook Street along with offering additional spaces for visitors or for the occasional use of residents/visitors.

5.8 The parking provision, in terms of visibility of the entrance, would be consistent with the objectives of policies CH33 and CH36 of the unitary plan which requests that safety consideration of roads, parking and vehicles turning are addressed in plans on new developments.

Biodiversity matters 5.9 An ecological report was submitted with the application which confirms that the site represents a fairly low ecology value and in order to ensure an increase in the biodiversity value of the site it is suggested that the incentives of the report to alleviate with careful design and work arrangements to manage them is acted upon by including a condition on this permission that would satisfy policy B20 of the unitary plan.

Sustainability matters 5.10 Code For Sustainable Homes Assessment – The National Homes Code (The Code) is a nationally acknowledged code chosen by the Welsh Government to assess and improve the sustainability of new homes. In accordance with the requirements a clear statement was provided on the method used to satisfy the required standard for sustainable buildings. It is considered that the applicant has submitted details which include an explanation regarding how the development has met the required three star standard, namely Code Level 3 for sustainable buildings by incorporating design solutions that are environmentally sustainable that are consistent with the requirements of policy C7 of the unitary plan. The application was assessed by qualified assessors in accordance with detailed technical design assessment steps by collating evidence for the Assessment on the Design Phase and following this, a valid interim certificate was issued. This evidence will be reviewed following the post construction phase by undertaking an assessment of the Post Construction Phase that leads to a final certificate.

Relevant planning history 5.11 An outline planning permission for 11 dwellings, granted on 15 September 2009, has now expired as a reserved matters application was not submitted within a period of three years.

Section 106 agreement matters 5.12 In accordance with policy CH4 of the unitary plan, a percentage of units on the site are required to be affordable houses unless it can be demonstrated to the satisfaction of the Local Planning Authority that, having considered all the relevant factors, it would be inappropriate to provide affordable housing on the site. As noted above the site is subject to a 106 agreement that was signed in 2009 with the previous applicant and has allocated four units to be restricted to affordable homes general local need occupancy. The current application is by Clwyd Housing Association who provide social housing in the area and it is considered that the working of the current 106 agreement would need to be amended to ensure the relevance of the agreement to the existing site plan and in order to continue to allocate four affordable houses through the 106 agreement, it would be acceptable and in accordance with the requirement of Policy CH4 of the unitary plan.

Response to the public consultation 5.13 Reference has been made above to the observations that were received from the officers of the Pendre Hall committee that is located adjacent to the site regarding this application in relation to road issues and the application to discuss the issue with officers. A site meeting was held with a representative of the officers of the hall and his wish to see up to 12 parking space allocated within the new housing estate for the occasional use of visitors of Pendre hall was heard. Following a discussion it was explained to him that the control of parking spaces on the proposed housing site was an issue for the owner and it was suggested that the trustee of the hall write to the Housing Association to discuss and reach a private agreement with the association in terms of any occasional parking arrangements. It is not considered that the car park’s control should be the subject of a 106 agreement.

6. Conclusions:

6.1 On the basis of the assessment noted above it is believed that the proposal is acceptable in terms of amending the obligation of affordable houses for four living units and based on its location, scale, density, materials, visual and residential amenities, parking and road safety.

7. Recommendation:

7.1 To delegate powers to the Senior Planning Manager to approve the application subject to amending the wording of the 106 agreement so that it is relevant to the existing application plan and for allocating four general local need affordable houses and relevant conditions involving;

1. Five years 2. Work in accordance with the plans 3. Materials / slates 4. Highways / parking 5. Code for sustainable homes 6. Biodiversity 7. Removal of permitted development rights for the affordable houses. Number: 5 Application Number: C12/0991/46/LL Date Registered: 09/07/2012 Application Type: Full - Planning Community: Tudweiliog Ward: Tudweiliog

Proposal: REMOVAL OF EXISTING RESIDENTIAL CHALET AND ERECTION OF A REPLACEMENT PERMANENT DWELLING Location: LLANIESTYN AUTO, LLANIESTYN, PWLLHELI, GWYNEDD, LL538SG

Summary of the TO REFUSE Recommendation:

1. Description:

1.1 The application was deferred at the Planning Committee on 3 September 2012 at the Local Member’s request. The proposal involves erecting a permanent dwelling to replace the existing residential chalet. The house would be a three bedroom, two-storey dormer. It is proposed to finish the external walls with a combination of local stone and render with a ridged slate roof. The house would be L-shaped and would measure around 15.6 metres by 11.6 metres and would reach a height of around 5.9 metres to the ridge. The internal floor space of the proposed house would be around 177 square metres and would include an integral garage measuring around 21 square metres. It is understood that the applicant needs to be present on the site at all times to ensure the safety of the business as there is valuable equipment, analytic computer equipment and customer vehicles stored overnight. Quick access to his equipment is also required in case there is a call out in the middle of the night or early in the morning. The business also needs quite a bit of general management which involves extended hours for the applicant and a house on the site would be more practical. In the planning statement that was received as part of this application the applicant states his willingness to sign the 106 Agreement that would restrict the occupancy of the dwelling to those employed (or previously employed) by the garage and the agreement could also bind the dwelling to the garage in order to restrict the separate sale of both.

1.2 The site is situated in the countryside and lies within an Area of Outstanding Natural Beauty (AONB). The site is served by a class 3 road to the south of the site. Currently, a mobile unit is located on the site and this measures around 9.7 metres by 5.4 metres.

1.3 The application is submitted to the Committee at the request of the Local Member.

2. Relevant Policies:

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

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

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 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 in keeping with the character and appearance of the local area.

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

POLICY C3 – RE-USING PREVIOUSLY DEVELOPED SITES - Proposals which give priority to 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 CH9 – NEW DWELLINGS IN OPEN COUNTRYSIDE - Refuse proposals for new dwellings in rural areas unless they are for individuals who must reside on the site due to their work and a number of other criteria relevant to the location and the type of dwelling, and restrictions on ownership of the dwelling.

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, 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. 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 off-street parking is needed and when the developer does not offer parking facilities on the site, or where it is not possible to take advantage of the existing parking provisions, proposals will be approved provided the developer contributes to the cost of improving the accessibility of the site or providing the necessary parking spaces on another nearby site. Supplementary Planning Guidance - Building new houses in the countryside Supplementary Planning Guidance – Planning obligations Supplementary Planning Guidance – Affordable housing Supplementary Planning Guidance - Planning for sustainable building

2.3 National Policies: Planning Policy Wales (Fourth edition, February 2011) Technical Advice Note 6: Planning for Sustainable Rural Communities Technical Advice Note 12 - Design Technical Advice Note 18 - Transport Technical Advice Note 22 – Planning for sustainable buildings

3. Relevant Planning History:

3.1 2/26/75’D’ – Conversion of outbuildings to form residential accommodation – The Old Rectory, Llaniestyn – Refused 9 July 1980.

3.2 2/26/75’E’ – Conversion of outbuildings to form residential accommodation – Outbuildings, The Old Rectory, Llaniestyn – Refused 30 January 1981.

3.3 2/26/75’F’ – Conversion of existing building to form a warehouse and store to repair cars – land nearby Old Rectory Cottage, Llaniestyn - Approved 2 July 1981.

3.4 2/26/75’J’ – Extension to a workshop - Llaniestyn Auto Services, Old Rectory Cottage, Llaniestyn - Approved 12 June 1985.

3.5 2/26/75’K’ – Change the use of a storehouse to be used as a shop for general goods – Llaniestyn Garage, Llaniestyn - Approved 25 February 1986.

3.6 C98D/0331/26/LL – Locate mobile home for residential use – Llaniestyn Auto Service, Llaniestyn – Refused 19 October 1998.

3.7 C01D/0502/46/LL – Locate mobile unit – Llaniestyn Auto Services, Llaniestyn – Approved 28 October 2002. Condition 1 of this permission states that the caravan is occupied by the manager of the business only and at the end of his occupancy of the caravan or when the business comes to an end the caravan must be moved from the site within six months of that date.

4. Consultations:

Community/Town Council: Not received.

Transportation Unit: Not received.

Welsh Water: No observations.

AONB Unit: The application site is on the outskirts of the village. The site is surrounded by effective natural landscaping and the site is not prominent on the landscape of the AONB. Currently there is a single-storey timber chalet here that is used as a permanent living unit. It is not believed that a single-storey house on the site in question would have an unacceptable effect on the AONB.

Public Consultation: A notice was posted on site and nearby residents were notified. The consultation period ended on 2 August 2012 and no observations had been received during this period.

5. Assessment of the material planning considerations:

Principle of the development

5.1 Llaniestyn has been designated a rural village in the GUDP. In terms of rural villages a cluster of buildings have been marked in red on the inset plans included in the GUDP maps document. In terms of the existing site the closest building to the application site that has been shown in red is around 160 metres away. The location of the site is therefore more on the outskirts of the rural village than in its centre and therefore it must be considered that the site, with respect to the housing policies of the GUDP falls within the countryside rather than within the rural village of Llaniestyn. To this end the application must be considered under Policy CH9 of the GUDP and in order to approve a house under this policy it must comply with all the criteria in the policy. The policy states that it is possible to approve new houses in the countryside for:-  A full-time worker in agriculture or forestry or a worker who is mainly employed in one of these two industries.  A full-time worker or one who is mainly employed in a rural land-based industry.  A full-time worker who provides an essential service to the agricultural or forestry sector within the County. For the purpose of the policy rural land-based industries are defined as enterprises that are not agricultural but are dependent on the land and enterprises that diversify the income source on individual farms where workers have to reside on-site rather than in a nearby settlement. This aspect of the Policy is consistent with the national planning policy and it recognises that there may be examples by now where there is special justification for individual houses associated with rural businesses apart from farms that produce food and forestry. The business that is run from the site is a commercial garage and in this respect this business is not a rural land-based industry and from the information submitted, it is also not considered to be an essential service to the agricultural or forestry sector within the county. Therefore, it is not considered that the proposal conforms to criterion 1(a) and (b) of policy CH9.

5.2 In addition to this, criterion 2 of Policy CH9 requests that the person who needs the house must live on the site and that the house is essential in order to manage and run the unit’s current activities or an agricultural or forestry enterprise, or that the nature of the business means that it is required to live on such a site. As referred to in the description section of this report, it appears that the applicant argues that he needs to live on the site in relation to safety as a result of the fact that valuable equipment and customer vehicles are stored on the site. Also quick access is needed to his equipment in case there is a call out in the middle of the night or early in the morning. It is also considered that a house on the site would facilitate the general management of the business that means extended hours for the applicant. It is considered that these types of considerations are characteristic in terms of running a commercial business, wherever it is, and that it is not necessary to have a house on the site for that purpose. Should the business have been located on an industrial estate it would not be expected to have a house linked to each business on the estate in terms of running the business from day to day. Therefore it is not considered that the proposal complies with criterion 2 of policy CH9.

5.3 Due to the above, it is considered therefore that the proposal is contrary to Policy CH9 of the GUDP. The proposal would involve erecting a new house in the countryside without justification for it in relation to criteria 1 and 2 in Policy CH9 of the GUDP. However, it can be seen from the planning history that planning permission was granted in 2002 to locate a mobile unit on the site and that the occupancy of this mobile unit was restricted to the manager of the business only and at the end of his occupancy of the caravan or when the business ends the caravan must be moved from the site. Although this planning permission is permanent, as it was a mobile unit that was approved it would be possible to move any mobile unit from the site should the use come to an end, but that would not be possible should a residential house be built on the site. Despite this, the applicant is trying to use the fact that the mobile unit has been approved on the site as justification for having a house there. There is also an attempt to justify the size of the house as submitted by the fact that a mobile unit measuring 20 metres by 6.8 meters could be located, namely the size that is permitted through the Caravan Sites Act 1968 (as amended) as no restriction in terms of size has been placed on the permission for the mobile unit. Although there is no condition on application C01D/0502/46/AM that restricts the size of the mobile unit a plan shows a mobile unit that measures 32 foot by 18 foot (around 9.7 meters by 5.4 meters) and it appears that this is the mobile unit that is currently on the site. If you take a mobile unit that measures 20 metres by 6.8 meters then this would mean a mobile unit with a surface area of 136 square metres could be located compared to the internal surface area for the proposed house that measures 177 square metres. The external surface area of the proposed house would be even bigger than this. This means that the house as submitted is around 41 square metres larger than the size of the mobile unit that could be located on the site and that it is around 124 square meters larger than the surface area of the mobile unit currently located on the site. Criterion 6 of Policy CH9 is relevant to the type of house that is proposed and its size, and that it is consistent with what the existing business or enterprise needs and can maintain. No financial details have been submitted in terms of assessing what the existing business or enterprise needs and what it can maintain. However, for comparison purposes, the size of a two-storey, three bedroom residential house in the Supplementary Planning Guidance for Affordable Housing would be 100 square metres but an additional garage could be included up to 20 square metres. A garage has been included in the existing house but it is still around 57 square metres larger than what would be approved as the size of an affordable house. Therefore we question whether there is an actual need for a house of this size for the business, especially considering the size of the mobile unit that has been used for the same purpose for around 10 years. It is therefore considered that the proposal also does not correspond with the objectives of criterion 6 of Policy CH9.

Visual amenities

5.4 The proposal to erect a two storey dormer dwelling is located on a site within the AONB. It is considered that there is enough space within the site for a house of this scale and the design and the materials intended to be used are suitable for the site. The site does not prominently stand out in the landscape of the AONB and trees have been planted at the peripheries of the boundary of the property. The AONB Unit also recognises in its observations that the site is surrounded by effective natural landscaping and that the site is not prominent on the landscape of the AONB. The AONB Unit also did not consider that the house on the site in question would have an unacceptable effect on the AONB. It is considered, in terms of its appearance that the proposal would be acceptable on the site and that it would not have a detrimental effect on the visual amenities of the area that is also in the AONB. The materials that are intended to be used are also acceptable, namely a combination of local stone and render on the external walls and a ridged roof. It is considered that the proposal is acceptable in respect of Policies B8, B22 and B25 of the GUDP.

General and residential amenities

5.5 Some dwellings are located not too far from the site. However, it is not considered that erecting a house on the site would have any more of an effect on the nearby residents than the current situation. The proposal is considered acceptable in respect of Policy B23 of the GUDP.

Traffic and access matters

5.6 The development would use the existing vehicular access to the site and there are sufficient parking spaces within the site. It is not considered that the proposal to erect a house to replace the existing mobile unit would have a detrimental effect on road safety. The observations of the Transportation Unit had not come to hand when preparing the report. However, considering the current situation compared to the proposal in question it is not considered that the proposal would have a detrimental effect on road safety and it is therefore considered that the proposal is acceptable in respect of Policies CH33 and CH36 which relate to road and parking safety.

Sustainability matters

5.7 A pre-assessment report was submitted in relation to compliance with Code 3 of the Code for Sustainable Homes. This assessment demonstrates that it is anticipated that the house would reach a score of 57.10% that would mean that it is anticipated that the house would reach Level 3 of the Code. A condition will be needed with any planning permission to ensure that the completed house reaches 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.

6. Conclusions:

6.1 The proposal involves erecting a house in the countryside on a site where a mobile unit is currently located which has planning permission. Although a chalet has been granted planning permission there is a condition with respect to the occupancy and that it must be cleared from the site at the end of the occupancy or when the business ends. Locating a permanent house on the site would be a totally different matter and one that would not be possible to move from the site. Although a commercial garage business is run from the site it is not considered that this activity is one that justifies erecting a new house in the countryside under Policy CH9 of the GUDP as it is not a rural land-based industry and from the information submitted, it is also not considered to be an essential service to the agricultural or forestry sector within the county. In addition to this, criterion 2 of Policy CH9 requests that the person who needs the house must live on the site and that the house is essential in order to manage and run the unit’s current activities or an agricultural or forestry enterprise, or that the nature of the business means that it is required to live on such a site. In considering that it is a commercial garage that is operated from the site, issues such as the safety of the site and running the business on a day to day basis are the reasons that have been put forward as to why a house is needed on the site. It is considered that these types of factors are characteristic in terms of running any commercial business, wherever it is, and that it is not necessary to have a house on the site for that purpose. Should the business have been located on an industrial estate it would not be expected to have a house linked to each business on the estate in terms of running the business from day to day. Therefore it is not considered that the proposal complies with criterion 2 of policy CH9. There is also concern in terms of the size of the house and whether it is one the existing business or the enterprise needs and can maintain. It would be substantially larger that the existing mobile unit which has planning permission. Also compared to the size of a three bedroom affordable house with an associated garage (120 square metres) the proposed house would be around 57 square metres larger. Therefore it is not considered that the proposed house complies with criterion 6 of Policy CH9.

7. Recommendation:

7.1 To refuse – reasons 1. The proposal involves erecting a new house in the countryside without justification that it is for a worker who is employed in agriculture, forestry or another rural land-based industry; he also does not earn his living through full-time activity that provides an essential service to the agricultural or forestry sector within the County. It is also not considered to be of genuine need to live on the site in terms of managing and running the business and there is no certainty that the business needs a house of this size. Therefore, it is considered that the proposal is contrary to policies C1 and CH9 of the GUDP. Number: 6 Application Number: C12/1074/39/LL Date Registered: 26/07/2012 Application Type: Full - Planning Community: Llanengan Ward: Llanengan

Proposal: APPLICATION FOR RETENTION OF AN AUTOMATIC NUMBER PLATE RECOGNITION CAMERA SYSTEM FOR VEHICLES USING THE CAR PARK Location: PANT Y BRANNER CAR PARK, CILAN, PWLLHELI, GWYNEDD, LL537BY

Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:

1. Description:

1.1 The application in question is retrospective for the retention of an automatic number plate recognition camera system for vehicles using the car park. The camera is installed on a column measuring 6 metres from the ground and it is located approximately 4.5m from the entrance with the camera directed towards the entrance.

1.2 The site is situated in the countryside and lies within an Area of Outstanding Natural Beauty (AONB). Access to the site is along a single track unclassified road. A public footpath lies to the east and a static caravan site lies to the south. A dwelling lies to the east.

1.3 The application is submitted to the committee as more than three letters of objection have been received.

2. Relevant Policies:

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

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

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.

2.3 National Policies: Planning Policy Wales (Fourth edition, February 2011) Technical Advice Note 12: Design 3. Relevant Planning History:

3.1 3/4/882 – Outline application to install 15 touring caravans on part of OS Field No.964 or on part of OS Field No. 966 – Refused 21 October 1965.

3.2 2/19/656 – Modifications to caravan park – Pant y Branner, Bwlchtocyn – Approved 1 August 1989.

3.3 C04D/0213/39/LL – Extension to a caravan park, including re-siting, landscaping, locating 10 single units and 10 double units to replace 15 single units, remove four sheds from the site and extend the season of the park from eight to 10½ months - Pant y Branner Caravan Park, Bwlchtocyn – Approved 29 June 2005.

4. Consultations:

Community Council: To approve but need to plant trees around the car park to conceal the cars.

Transportation Unit: Not received.

Countryside Council: No objection. Although within the AONB, the project will not have a severe detrimental effect on the conservation status and landscape of the area.

Footpaths Officer: Need to ensure that public Footpath number 92, Llanengan, is safeguarded.

AONB Unit: Not received.

Public Consultation: A notice was posted on site and nearby residents were notified. The consultation period ended on 30 August 2012 and five letters / items of correspondences (two from the same person), have been received objecting to the application on the following grounds:

 The car park dominates the access to the beach of Porth Ceiriad which is very scenic and also lies on part of the newly opened coastal path.  The car park has been set out with 8 feet signs in an extremely bright yellow colour with a 30 foot pole with a camera and a pole of similar height with CCTV cameras on it.  The size of the signs, their colour and nature are out of character with the environment.  The proposal is unnecessarily intrusive and is completely unsympathetic with its environment.  Need a more unobtrusive scheme without poles, fewer signs that are not as high and environmental colours.  More suitable for a city or town environment.  Impact on privacy in a public area.  Cameras in this area could point in the direction of the public footpath and this would have a detrimental impact on the privacy of the public including local residents.  Charging for parking in this area should be prohibited and we should encourage visitors to the coastal path and not charge them a fee for using it.  A different method of collecting fees could be used that would be more appropriate to the community and approving this camera system would remove the opportunity of creating work for local people.

5. Assessment of the material planning considerations:

5.1 Visual amenities The application in question is for the retention of a column 6 metres high, along with an automatic vehicle registration plate recognition camera for cars using the car park. The site is situated in the countryside and within an AONB. Several observations have been submitted stating that this method is more urban in nature and is unsuitable for a rural area. These observations are acknowledged and noted. However, only one column with a camera is to be retained and having examined the site and the surrounding area, there are several electricity / telephone poles in the vicinity and it is not considered that the column in question stands out excessively in the landscape as a result of the fact that there are other poles to be seen in the landscape. Therefore, it is not considered that retaining the pole with a camera would have a detrimental impact on the area’s visual amenities. The observations of the AONB Unit had not been received when the report was being prepared but the observations of the Countryside Council had been received which stated that they had no objection to the proposal although it was within the AONB and it was not considered that it would have a detrimental effect on the conservation status or the landscape of the area. The proposal is considered acceptable in respect of Policy B8 of the GUDP. Several references have also been made to the yellow signs on the site. These signs do not form part of this application and the application for new signs is the subject of another application.

5.2 General and residential amenities The site was used as a car park prior to the commencement of the current operational method. In terms of the use made of the site, it is not considered that the proposal is likely to cause significant harm to the amenities of nearby residents compared with the use that existed previously. The concerns in terms of the belief that the camera is detrimental to the privacy of local residents and users of the public footpath etc are understood. From the information submitted, it is understood that the camera located on the site is static and has been set to a zone that records the access and exit of the car park only. The camera will not revolve on any horizontal or vertical axis. Therefore, it is not considered that the proposal would cause significant harm to the amenities of the local residents and, therefore, the proposal is considered acceptable in terms of policy B23 of the GUDP.

5.3 Transport and access matters There is no change to the method of entry to and egress from the car park and it is considered that there are no changes in terms of road safety associated with the proposal. 6. Conclusions:

6.1 This is an application to retain a pole with a camera installed on it to record vehicles entering and exiting the car park. Several other poles can be seen in the locality and consequently it is not considered that the pole in question stands out in the landscape, and, therefore, it would not have a severe detrimental effect on the visual amenities of the area or the AONB. The car park use existed before the pole and camera were installed and, therefore, it is not considered that there is a substantial change in terms of the number of users who would be using the car park and there would be no substantial damage to the amenities of nearby residents.

7. Recommendation:

7.1 To approve – with conditions 1. In accordance with the plans submitted. Number: 7 Application Number: C12/1076/39/HY Date Registered: 01/08/2012 Application Type: Advertisement Community: Llanengan Ward: Llanengan

Proposal: INSTALL FIVE SIGNS Location: PANT Y BRANNER - CAR PARK, CILAN, PWLLHELI, GWYNEDD, LL537BY

Summary of the TO APPROVE SUBJECT TO CONDITIONS Recommendation:

1. Description:

1.1 The application in question is for the installation of five signs in the car park. The signs would be installed in four different locations in the car park and one of these locations will include a two-sided sign. The signs will have a dark green background and most of the writing will be white but part of the logo with the company’s name and directions etc. on the bottom of the sign will include orange / yellow colours. The signs will measure approximately 1.2m by 0.8m and there would be 2.1m from the ground to the bottom of the signs. The signs will be bilingual.

1.2 There are currently signs located in the car park without planning permission. Those signs are of a bright yellow / orange colour. The signs that are the subject of the current application would replace those signs.

1.3 The site is situated in the countryside and lies within an Area of Outstanding Natural Beauty (AONB). Access to the site is along a single track unclassified road. A public footpath lies to the east and a static caravan site lies to the south. A dwelling lies to the east.

2. Relevant Policies:

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

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

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

CH21 – SIGNS - Proposals for signs will be approved if they conform to a series of criteria regarding visual, cultural, linguistic, amenity and road safety matters. CH33 – SAFETY ON ROADS AND STREETS – Development proposals will be approved if they comply with specific criteria relating to the vehicular access, the standard of the existing roads network and traffic calming measures.

2.3 National Policies: Planning Policy Wales (Fourth edition, February 2011) Technical Advice Note 7: Control of Outdoor Advertisements (1996)

3. Relevant Planning History:

3.1 3/4/882 – Outline application to site 15 touring caravans on part of OS Field No.964 or on part of OS Field No. 966 – Refused 21 October 1965.

3.2 2/19/656 – Modifications to a caravan park - Pant y Banner, Bwlchtocyn – Approved 1 August 1989.

3.3 C04D/0213/39/LL – Extension to a caravan park, including re-siting, landscaping, locating 10 single units and 10 double units to replace 15 single units, remove four sheds from the site and extend the season of the park from eight to 10½ months - Pant y Branner Caravan Park, Bwlchtocyn – Approved 29 June 2005.

4. Consultations:

Community Council: To approve

Transportation Unit: Not received.

Countryside Council: Not received.

Footpaths Officer: Not received.

AONB Unit: Not received.

Public Consultation: A notice was posted on site and nearby residents were notified. The consultation period ended on 30 August 2012 and one letter / correspondence has been received objecting to the application on the following grounds:

 Signs in this Area of Outstanding Natural Beauty would be intrusive and would urbanise the area further.  The car park itself adds to overdevelopment of the Porth Ceiriad area and threatens its natural beauty.  The car park is located on or near a cart track leading to the promontory and two houses and the right of way of vehicles should be considered.

Although only one objection was received referring specifically to the application number for signs, several of the letters / correspondence received objecting to application C12/1074/39/LL for the retention of a column and camera also referred to the signs.

5. Assessment of the material planning considerations:

5.1 Visual, general and residential amenities This application is to install five signs within the car park to replace the existing signs that are without consent. The signs which are currently located on the site are of a bright orange / yellow colour and, therefore, this makes them stand out substantially when looking at the car park. The proposal is to install signs with a background colour of dark green and it is considered that signs of this colour would be more in-keeping with the surrounding area of bushes and grass. The signs would be relatively substantial in size but this is because of the need to have bilingual signs whilst at the same time making the writing on them clear. Although there would be five signs, they would be restricted to four locations within the car park as one of the locations would include a two-sided sign. The observations of the AONB Unit were not to hand when the report was being prepared but it is understood that enquiries had been made prior to submitting the application regarding the colour of the signs and a dark green colour had been mentioned as a more appropriate colour for signs in the car park. It is not considered that signs with a dark green background would stand out substantially in the landscape or would have a detrimental effect on the AONB and, therefore, are acceptable in terms of Policy B8 and in terms of criteria 1 and 2 of Policy CH21 of the GUDP.

5.2 A dwelling is located near the car park. The signs would not be illuminated and it is not considered that the signs would be likely to cause significant harm to the nearby residents and, therefore, they are acceptable in terms of Policy B23 of the GUDP.

5.3 Transport and access matters The signs would be located within the car park and it is not considered that they would distract drivers when travelling along the nearby road. The observations of the Transportation Unit had not been received when preparing the report but it is not considered that the proposal would have a detrimental effect on road safety and it would be acceptable in terms of Policy CH33 and criteria 3 of Policy CH21 of the GUDP.

6. Conclusions:

6.1 Signs of a dark green colour are more appropriate to the site than those in the existing bright orange / yellow colour that are without consent. It is proposed to impose a condition on the permission to ensure that the unauthorised signs are replaced by those that are the subject of this application. It is not considered that the signs which are the subject of the current application will have a detrimental effect on the visual amenities of the area, which is also an AONB, and the signs are also acceptable from the perspective of the amenities of nearby residents and road safety.

7. Recommendation:

7.1 To approve – conditions 1. To be completed in accordance with the submitted plans. 2. The existing signs without consent to be removed from the site within one month of the date of the permission. 3. Standard condition of advertisements regarding keeping the site in a tidy condition.