DYDDIAD: 06/06/2011 PWYLLGOR CYNLLUNIO DATE : PLANNING COMMITTEE EITEM CAIS RHIF CYMUNED LLEOLIAD ITEM APPLICATION COMMUNITY LOCATION NUMBER 1 C11/0114/11/TC Bangor Fferm Nant Porth Farm, Ffordd Caergybi / Holyhead Road, Bangor 2 C11/0230/34/HY Clynnog Anwylfa Garage, Clynnog Fawr 3 C11/0460/34/HY Clynnog Anwylfa Garage, Clynnog Fawr 4 C11/0242/35/LL Criccieth Garth Celyn, Lon Ednyfed, Criccieth 5 C11/0252/14/LL Caernarfon Danric Electrical Wholesalers, Cibyn Industrial Estate, Caernarfon 6 C11/0263/41/LL Llanystumdwy Tir Ger / Land Nr. - Angorfa, Pencaenewydd 7 C11/0365/09/HY Tywyn Ysgol Penybryn, Ffordd Cadfan, Tywyn 8 C11/0374/14/R3 Caernarfon Uned A15 / Unit A15, Lon Ty Newydd, Ystad Ddiwydiannol Cibyn, Caernarfon Number : 1 Application Number: C11/0114/11/TC Date Registered: 31/01/2011 Application Type: Certificate of Lawful Use Community: Bangor Ward: Menai (Bangor) Proposal: APPLICATION FOR A LAWFUL DEVELOPMENT CERTIFICATE RELATING TO THE MATERIAL COMMENCEMENT OF PLANNING APPROVAL C01A/0603/11/R3 Location: NANT PORTH FARM , HOLYHEAD ROAD , BANGOR . Summary of the TO APPROVE Recommendation: Description: This application seeks to legitimise the material commencement of an application already approved under C01A/0603/11/R3 to demolish one dwelling and erect another in its place. The site is located within a rural area on the periphery of Bangor city, between the highway and the Menai Straits. A substantial private access track runs through agricultural land. The site of the current dwelling is on a hill and the proposed dwelling will be directly next to it. The site is somewhat landscaped with historic trees and cloddiau. The original dwelling is still on the site, however work has begun on the foundations of the proposed dwelling by digging footings; these footings are in accordance with the approved plans. Evidence has been submitted to prove that the material commencement has taken place within five years of the relevant planning approval under reference number C01A/0603/11/R3. Relevant Policies: Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that decisions should be made in accordance with the Development Plan, unless material planning considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan. Gwynedd Unitary Development Plan 2009: Not material for assessing Lawful Development Certificate applications. National Policies: Town and Country Planning Act 1990 Part VII (as amended by the Planning and Compensation Act 1991) Town and Country Planning Act 1990 Section 56 Relevant Planning History: C01A/0603/11/R3 - Demolish current dwelling and erect a new one in its place – APPROVED 08.11.01 Consultations: Community/Town Council: No observations Legal Unit: Support on the grounds of the submitted evidence Public Consultation: A notice was placed on the site. The advertising period ended on 10 March and no letters of objection had been received. Additional Information: The evidence submitted as part of the application includes the following: • A letter from the Senior Building Control Officer confirming that he visited the site on 19 October 2006 to inspect the footings work for the foundations and confirming that the work was being carried out correctly. • A copy of the original application form submitted as part of the application under reference number C01A/0603/11/R3 • A copy of the original decision notice provided upon determining the original application under reference number C01A/0603/11/R3. • A copy of the location plan and the original detailed plans submitted as part of the application under reference number C01A/0603/11/R3 Material Planning Considerations: The main consideration in the case of this application is whether the evidence submitted is sufficient to justify issuing a Lawful Development Certificate. The applicant’s evidence 1. The applicant’s evidence proves that there was material commencement within the five year period following the approval of the original planning application under reference number C01A/0603/11/R3 in accordance with the contents of Section 56 of the Town and Country Planning Act 1990 which notes what is considered to be material work. Evidence of the Local Planning Authority 2. The Local Planning Authority confirms that the footings of the proposed dwelling had been constructed in accordance with what was approved under reference number C01A/0603/11/R3 and that these footings remain on the site. Additional Evidence 3. No other evidence has been submitted to either support or contradict what this application seeks to prove. Conclusions: In light of the above, the submitted evidence is sufficient and without doubt proves the material commencement of the planning application already approved under reference number C01A/0603/11/R3 within the five year period from when planning approval was granted. Recommendation: To approve Number : 2 Application Number: C11/0230/34/HY Date Registered: 07/04/2011 Application Type: Advertisement Community: Clynnog Ward: Clynnog Proposal: ERECTION OF A FREE-STANDING ILLUMINATED SIGN Location: ANWYLFA GARAGE , CLYNNOG FAWR , CAERNARFON , GWYNEDD , LL545PF Summary of the TO REFUSE Recommendation: Description: The determination of the application to erect a free-standing internally illuminated sign was deferred in order to allow time for discussions to be held regarding the type of sign that can be used with attention given to matters such as the size and colour of the sign, the language used and whether or not there is a need to illuminate the sign. Following discussions as a result of the Committee’s decision, a new application was received for a sign along with an amended location near the junction on the other side of the village and because of this there are no changes to the application. It is intended to erect an internally illuminated signpost near the A499 in Clynnog Fawr on land between the old road and the new road. The sign will measure approximately 1.4 metres by 3.1 metres and will be erected on a post measuring approximately 5.2 metres high and it will be free-standing. The sign will advertise the petrol price at the petrol station and shop located in the centre of Clynnog Fawr. Relevant Policies: Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales emphasise that decisions should be made in accordance with the Development Plan, unless material planning considerations indicate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan. Gwynedd Unitary Development Plan 2009: POLICY B4 – DEVELOPMENTS WITHIN OR THAT AFFECTS THE SETTING OF CONSERVATION AREAS Ensure that proposals within conservation areas, or which affect their setting, are refused unless they aim to maintain or enhance the character or appearance of the conservation area and its setting. POLICY B8 – LLŶN AND MÔN AREAS OF OUTSTANDING NATURAL BEAUTY (AONB) To safeguard, maintain and improve the character of the Area of Outstanding Natural Beauty by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features of the site. POLICY 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 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. National Policies: Planning Policy Wales, fourth edition, February 2011 Chapter 3.5 on the Control of outdoor advertisements. Technical Advice Note 7 – Outdoor Advertisement Control (November 1996) Technical Advice Note 12 - Design (June 2009). Relevant Planning History: There is no relevant history to the site but the sign will be associated with the petrol station in Clynnog Fawr. Consultations: Community/Town Council: Not received Transportation Unit: Recommend refusing this application for road safety reasons. Public Consultation: At the time of writing the report, no observations in objection or in support had been received in relation to this application. Additional Information: The application is submitted to the Committee at the local member’s request. Material Planning Considerations: The statutory provisions enable the local planning authorities to control the display of outdoor advertisements in the interests of amenities and public safety. Also, it is accepted that anyone who intends to display a sign needs that sign in that specific location, be that for commercial or other reasons. Amenities 1. The proposed sign is located within the Area of Outstanding Natural Beauty (AONB) that has been designated because of the special and unique features of the landscape. The main purpose of this national designation is to protect the natural beauty of the landscape and the Council has a responsibility to ensure that priority is awarded to this. Therefore, applications for permission must be in accordance with policy B8 and be studied in detail to ensure that the proposals do not endanger the main designations in the area. 2. In addition, the proposed sign would be visible from the Clynnog Fawr Conservation Area, as well as from residential houses in the village and surrounding area. Policy B4 presumes against proposals within conservation areas unless they aim to maintain or enhance the character or appearance of the conservation area and its setting. When making a decision on a development proposal that would affect a conservation area, the Council will consider the development’s impact on views across, into and out of the conservation area, along with the development’s impact on natural features that play an important part in the setting of the conservation area. 3. As noted above, a number of policies within the Gwynedd Unitary Development Plan are relevant when determining the application. The main policy to consider when assessing the principle of the development is policy CH21 that relates to signs; points 1, 2 and 3 of the policy are relevant.