Pwyllgor Cynllunio a Gorchmynion dogfennau , 4 Mehefin 2003

Pwyllgor Cynllunio a Gorchmynion
Dydd Mercher, 4ydd Mehefin, 2003

PLANNING AND ORDERS COMMITTEE

minutes of the meeting HELD ON 4 JUNE 2003

 

Present:

Councillor RLl Hughes, Chair

CouncillorJ Arwel Edwards, Vice-Chair

 

Councillors DD Evans, PM Fowlie, Fflur M Hughes, Dr JB Hughes, TLl Hughes, O Gwyn Jones, W Emyr Jones, RL Owen, GO Parry MBE, Gwyn Roberts, John Roberts, WT Roberts, WJ Williams

 

 

ALSO PRESENT:

Councillor Bessie Burns - local member in respect of application 18C141A at item 6.4

Councillor Eurfryn Davies - local member in respect of applications 17C122G at item 4.1

Councillor Derlwyn Hughes - local member in respect of application 40C184B at item 4.2 

 

 

In Attendance:

Planning :

Head of Planning Services (JW)

Team Leader (NJ)

Team Leader (DPJ)

Planning Assistant (GO)

 

Highways :

Principal Engineer (Development Control & Public Rights of Way)(JRWO)  Development Control Officer (Highways) (RE)

 

Solicitor (RWJ)

Admin Assistant (CWP)

 

 

Apologies:

Councillors RJ Jones, J Arwel Roberts       

 

The Chairman opened the meeting by welcoming Councillors Gwyn Jones and Dr JB Hughes to their first meeting as members of the Planning and Orders Committee.

 

1

DECLARATIONS OF INTEREST

Declarations of interest were received from Members and Officers as recorded under the respective items.

   

 

2

MINUTES

Submitted and confirmed the minutes of the meeting of the Planning and Orders Committee held on 7 May, 2003 (Pages 24 - 32 of this Volume)

 

ARISING THEREON:

Departure Applications

 

The Head of Planning Services stated that a report had been submitted to the Executive Committee of the Council on 27 May, 2003 on the revision of the Planning Delegation Scheme and, in particular, planning site visits of applications considered to be a departure from policies.  It was noted that the current protocol would be adhered to until the adoption of amendments by the County Council at its September meeting.

 

The Head of Planning Services promised to consult members of this Committee on proposed changes to the Planning Matters Procedure Rules prior to reporting to the County Council.

 

It was AGREED to accept the report.

 

 

 

PART I - PLANNING MATTERS

 

3

SITE VISITS

Submitted and confirmed the report of the Planning Site Visits held on 21 May, 2003

 

4

APPLICATION ARISING ON THE MINUTES

 

4.1

17C122G - FULL PLANS FOR THE ERECTION OF A DWELLING TOGETHER WITH THE ERECTION OF A PRIVATE DETACHED DOUBLE GARAGE ON LAND AT ISCOED, LLANDEGFAN

 

 

 

The Chair reported that the site of the above application was visited on 21 May, 2003 as the local member objected to the proposal.  It was noted that 9 letters and a petition containing106 signatures of objection were to hand.

 

 

 

The Head of Planning Services reported that only part of the site lay outside the settlement boundary with the principle of two dwellings to be sited on this location established when planning permission was granted for two dwellings under reference 17C122C on 4 March, 1992, which permission had been saved.  The proposal complemented neighbouring properties.  No objection was raised to the proposal by the Highways Department or the Environment Agency, subject to relevant conditions.

 

 

 

Councillor Eurfryn Davies addressed the meeting stating that he felt the details contained in the officer's report to be misleading in part, particularly in relation to the officer's statement that the proposal extended "5 metres in width at its mid point" outside the settlement boundary; he felt that 50% of the proposal was outside the settlement boundary.  The other property already built on site was considered too large to allow further development.  On account of the proportion of the existing and proposed development additional agricultural land had been bought by the developer to extend the site thus encroaching onto open countryside; a stream had also been diverted to accommodate the property.  Councillor Davies stated that allowing this development would set a precedent for future development and urged members to refuse permission.

 

 

 

Councillor Tecwyn Roberts indicated his dissatisfaction with this application as he felt the previous planning permission granted on this site related to two much smaller dwellings and that the views of the local Community Council should be taken into consideration in determining applications.  Councillor Tecwyn Roberts proposed refusal of the application, which was seconded by Councillor John Roberts.

 

 

 

Councillor Emyr Jones proposed approval of the application, which was seconded by Councillor RL Owen.

 

 

 

It was RESOLVED to approve the application for the reasons given and subject to the conditions contained in the officer's report.

 

 

 

4.2

40C184B - RETENTION OF USE OF LAND AND BUILDINGS AS A FARM PARK AT LLIGWY FARM PARK, LLIGWY BEACH, DULAS

 

Councillors Gwyn Roberts and WT Roberts declared their intention not to vote on the application.

 

 

 

The Chair reported that the site of the above application was visited on 21 May, 2003 at the request of the local member; also on account of the Highways Department's concern relating to the standard of the local road network.

 

 

 

The Head of Planning Services reported that whilst current policies supported the principle of small-scale on-farm operations which created local employment (in accordance with the Technical Advice Note Wales (TANW 6) Agriculture and Rural Development 2000); current activities on this site were advertised as "70 acres of fun".  The Highways Department strongly object to the development on account of the substandard local road network and poor visibility at the junction with the B5025 to the north of Brynrefail, and indicated concern relating to road safety aspects with any increase in the volume of traffic.

 

 

 

It was noted that no objection had been received from the public in response to consultations.    

 

The Head of Planning Services stated that this was a retrospective planning application, the Farm Park activities having started in 2000.  During 2001 the foot and mouth crisis would have curtailed all activities on site and, in effect, activities would have re-established a year ago.  

 

 

 

The Head of Planning Services reported that although this venture accords with some policies such as a tourist attraction that creates employment, this could also be seen as complementary to AONBs.  The officer stated, that this application had already been refused 6 months previously under powers delegated to officers and that circumstances had not changed since that time.  An application to set up an Agricultural Conservation Centre on a neighbouring property had also been refused.  He further added that an appeal against the refusal of permission to site mixed touring units nearby was dismissed by the Welsh Assembly Government Inspector on the grounds that the "highway conditions fall so far below recognised standards...", and in his opinion, "to be unsuitable for additional traffic generally".

 

 

 

Councillor Derlwyn Hughes, the local member, addressed the meeting stating that as a 'damp weather attraction' the activity in itself posed no extra threat to road safety aspects as the site would attract visitors when the weather would be unsuitable to visit the beach.  Road safety records indicated one accident in the area within the last three years.  In his opinion, highway implications, should not be taken into consideration as the site of the application was served by a "track" rather than a road.  Attention was also drawn to current activities in the vicinity, i.e. seven caravan sites and Tyddyn Môn.

 

 

 

The Principal Engineer (Development Control & Public Rights of Way) addressed the meeting stating that any increase in present activities in this area would exacerbate existing traffic problems associated with the substandard local road network, and poor visibility towards Amlwch at the junction with the B5025 to the north of Brynrefail.

 

 

 

Councillor John Roberts stated that this type of enterprise should be encouraged, records had proven that road safety aspects were satisfactory.

 

 

 

Councillor Gwyn Roberts stated that having delivered post in the area over a period of 13 years, he was familiar with the local road network and felt that people travelled along these roads with greater care on account of the condition of the road network which, he believed, to be typical of many roads across other parts of the Island.  He felt that better visibility could be gained by taking the alternative route to the north of the main junction which had visibility towards the Pilot Boat, together with some form of one-way traffic system.  Two car parks served this site, one accommodating 200 cars and the other 400 cars.  Access from the South Car Park to the site was only possible on foot and was further away than the North Car Park.   Closure of this attraction would also result in job losses for four persons.

 

 

 

Councillor Trevor Lloyd Hughes questioned the possibility of creating a one-way traffic system for the area.

 

 

 

Councillor PM Fowlie proposed granting permission for the continuation of present activities, this was seconded by Councillor Trevor Lloyd Hughes.

 

 

 

Councillor Fflur Hughes proposed accepting the officer's recommendation of refusal, this was seconded by Councillor WE Jones.

 

 

 

Councillor RL Owen wished it recorded that he abstained from voting on this application.

 

 

 

It was RESOLVED to refuse the retrospective application for the reasons given in the officer's report.

 

 

 

 

 

5

DEPARTURE APPLICATIONS

 

 

 

5.1

11C411 - OUTLINE APPLICATION FOR THE ERECTION OF A DWELLING TOGETHER WITH THE INSTALLATION OF A NEW SEPTIC TANK AT CAE LASTRA, AMLWCH

 

The Chair reported that this application had been referred to Committee as the proposal is located in the countryside outside any recognised development boundary and represents a departure from planning policies.

 

 

 

The Head of Planning Services reported that the Highways Department object to the proposal on highway grounds.

 

 

 

Councillor John Roberts noted that the applicant stated that the location for the siting of the proposed dwelling was for farming purposes.

 

 

 

The Head of Planning Services stated that the applicant had not supplied evidence that this was a viable unit in support of his statement in accordance with Technical Advice Note Wales (TANW 6) Agriculture and Rural Development 2000.

 

 

 

Councillor Goronwy Parry proposed acceptance of the officer's recommendation of refusal, this was seconded by Councillor Trevor Lloyd Hughes.

 

 

 

It was RESOLVED to refuse the application for the reasons given in the officer's report.

 

 

 

5.2

39C343 - CHANGE OF USE OF GUEST HOUSE INTO STUDENT ACCOMMODATION AT TY GWYN, 52 HIGH STREET, MENAI BRIDGE

 

The Chair reported that this application had been referred to Committee as the proposal involved transforming a B & B facility into student accommodation resulting in the loss of serviced holiday accommodation.

 

 

 

The Head of Planning Services reported that this application had been advertised in the local press as a departure from Policy CH4 of the Gwynedd Structure Plan (loss of serviced holiday accommodation).  The applicant had supplied evidence showing that the B & B facility was no longer a viable enterprise.

 

 

 

It was noted that there was ample public parking provision within close proximity to the property.

 

 

 

In response to some members' concern the Head of Planning Services stated that a suitable planning condition could be imposed restricting the occupation of the accommodation to students only.

 

 

 

Councillor Gwyn Jones proposed approving the application, subject to a suitable planning condition restricting occupancy to students.

 

 

 

It was RESOLVED to approve the application for the reasons given, subject to the conditions contained in the officer's report, together with an additional planning condition that would restrict occupation of the accommodation to students only.

 

 

 

5.3

46C375 - FULL PLANS FOR THE ERECTION OF A DWELLING, INSTALLATION OF A NEW SEPTIC TANK TOGETHER WITH THE ALTERATION TO THE EXISTING ACCESS ON PART OF O.S. 4178, PENRHOSFEILW    

 

The above application is submitted by an employee of the Council.  Miss Bethan Nelson of the Building Regulations Section declared an interest in this application.

 

 

 

The Chair reported that this application was referred to Committee as it represents a departure from approved development plan policies and is made by a Council employee.

 

 

 

It was noted that 9 (02) should not have appeared in the officer's report as a reason for recommending refusal of the planning application.

 

 

 

Councillor Goronwy Parry highlighted the problems encountered by many young persons unable to buy affordable housing to enable them to continue living within their own community, this problem was also being encountered by young persons within his own community.

 

 

 

Councillor Gwyn Jones suggested that representation be made to the Welsh Assembly Government conveying this Committee's concern that young people are unable to continue living within their own community due to the lack of affordable housing.

 

 

 

The Head of Planning Services reported that a housing strategy for the Island was currently being developed and under consideration by the Social Inclusion Scrutiny Committee; also sustainable development is a major factor taken into consideration by Ian Osborne in the Unitary Development Plan's public inquiry currently taking place.

 

 

 

5.3.1

It was RESOLVED, subject to no material representations being received before the expiry date for receipt of representations, to refuse the application for the reasons given in 9 (01) in the officer's report together with reason 9(02) in the officer's report being substituted with:

 

 

 

(02) the proposal would constitute isolated sporadic development in an open rural area unrelated to any village nucleus and as such would cause serious injury to the character and amenities of this area designated as being of Outstanding Natural Beauty, contrary to Policy D1 of the Gwynedd Structure Plan, Policy 30 of the Ynys Mon Local Plan and the advice contained within Planning Policy Wales (March 2002).

 

 

 

The Chair noted that the issue of affordable housing for local young people could be referred to the relevant Portfolio Holder.

 

 

 

5.4

47C14R - FULL PLANS FOR THE ERECTION OF A DWELLING TOGETHER WITH THE CONSTRUCTION OF A NEW ACCESS ON PLOT No 7 TY NEWYDD, ELIM, LLANDDEUSANT

 

The Chair reported that this application was referred to Committee as it represents a departure from approved development plan policies.

 

 

 

It was noted that following publication of the report a representation was to hand from the local Community Council indicating that they agreed that the site of the application was outside the permitted development boundary.

 

 

 

The Head of Planning Services reported that whilst planning permission was granted in 1990 for a dwelling on this site, the granting of permission was the subject of a Section 106 Agreement.  This agreement was never signed and, as such, no permission was issued.  Due to the lapse of time the current application should be determined under the new policies and legislation now in force.

 

 

 

It was RESOLVED, subject to no material representations being received before the expiry date for receipt of representations, to delegate refusal of the application to the Head of Planning Services after such date for the reasons given in the officer's report.

 

 

 

5.5

48C35A - OUTLINE APPLICATION FOR THE ERECTION OF A DWELLING ON PART O.S. 8984, PEN Y BRYN UCHAF, GWALCHMAI

 

The Chair reported that this application was referred to Committee as it represents a departure from approved development plan policies.

 

 

 

The Head of Planning Services reported that the site lies in an elevated prominent position encroaching beyond the settlement boundary on a parcel of land which appears to be used for grazing.

 

 

 

Councillor Gwyn Jones proposed refusal of this application on policy grounds.

 

 

 

It was RESOLVED to refuse the application for the reasons given in the officer's report.

 

 

 

5.6

49C109B - OUTLINE APPLICATION FOR THE ERECTION OF TWO DWELLINGS, ALTERATION TO THE EXISTING ACCESS TOGETHER WITH THE SITING OF A NEW SEPTIC TANK ON LAND ADJACENT TO LONDEG, LLANYNGHENEDL

 

The Chair reported that this application was referred to Committee as it represents a departure from approved development plan policies.

 

 

 

The Head of Planning Services highlighted the fact that this application was for the provision of two dwellings.

 

 

 

Councillor Goronwy Parry wished it recorded that he was not present at the Community Council meeting when this application was being discussed.  He expressed sympathy with the applicants who wished to continue living in their local community and stated that provision of affordable homes for local inhabitants should be reviewed.

 

 

 

It was RESOLVED to refuse the application for the reasons given in the officer's report.

 

 

 

6

REMAINDER OF APPLICATIONS

 

 

 

6.1

13LPA824/CC - ERECTION OF A SINGLE STOREY TWO BEDROOM EXTENSION AT TY'N RHOS, BODEDERN

 

The Chair reported that this application was referred to Committee as the application was submitted by the Corporate Director (Highways, Transportation and Property), the above being part of the Authority's Smallholdings Estate.

 

 

 

The Head of Planning Services reported that the proposal was a minor extension to the existing property.

 

 

 

Councillor Gwyn Roberts proposed approval of the application which was seconded by Councillor John Roberts.

 

 

 

It was RESOLVED to approve the application for the reasons given and subject to the conditions contained in the officer's report.

 

 

 

6.2

15C124 - CHANGE OF USE OF THE OLD G.P.O. BUILDING TO RESIDENTIAL PURPOSES TOGETHER WITH ALTERATIONS AND EXTENSIONS AND THE CONSTRUCTION OF A NEW ACCESS AT THE OLD G.P.O. ADJACENT TO TRYFAN, BETHEL, BODORGAN

 

The Chair reported that this application was referred to Committee as part of the proposal included land in the Council's ownership, and took into consideration the demolition of a wall which was in the Council's ownership.

 

 

 

It was RESOLVED to approve the application for the reasons given and subject to the conditions contained in the officer's report.

 

 

 

6.3

17C340 - ERECTION OF A NEW CONSERVATORY AND BALCONY TOGETHER WITH THE DEMOLITION OF THE EXISTING ONE AT 28 FRONDEG, LLANDEGFAN

 

The Chair reported that this application was referred to Committee as it was submitted by an employee of the Council.  Alun Roberts of the Highways Department declared an interest in this application.

 

 

 

It was RESOLVED to approve the application for the reasons given and subject to the conditions contained in the officer's report.

 

 

 

6.4

18C141A - OUTLINE APPLICATION FOR THE ERECTION OF A DWELLING TOGETHER WITH THE CONSTRUCTION OF A NEW ACCESS AND THE INSTALLATION OF A NEW SEPTIC TANK ON PART OF O.S. 5361, RHYDWYN

 

The Head of Planning Services reported that this application was referred to Committee at the request of the local member.

 

 

 

It was noted that following publication of the officer's report the local Community Council had indicated their support of the application.

 

 

 

The Head of Planning Services reported that the scale of this proposal had been somewhat reduced in comparison with a similar application on the site which was refused in March of this year.  

 

 

 

The Head of Planning Services stated that the parcel of land falls within an Area of Outstanding Natural Beauty, contrary to the applicants' agent's statement that "the proposal is clearly within, or forms a reasonable minor extension to the existing developed part of the settlement and would not constitute an undesirable intrusion into the landscape or harm the character and amenities of the locality."

 

 

 

The Highways Officer indicated that the proposed siting of the access was considered unacceptable should permission be granted, but if it was positioned south of the application site, so as to provide the necessary safe visibility distances, then it would be considered acceptable on highway grounds.

 

 

 

Councillor Bessie Burns, the local member, addressed the meeting stating that the site of this application should fall within Policy 52 - land for affordable housing on the edge of the village.  The applicants had been given a small parcel of land by their parents to enable them to build an affordable home.  There was a shortage of affordable housing in this area for young persons wishing to remain living in their locality.  It was also believed that the location site map was out of date with the location of the proposal on the edge (rather than within) an Area of Outstanding Natural Beauty.  Local residents supported this application with no objections to hand.  

 

 

 

Councillor Burns requested a visit to the site of the application.

 

 

 

It was RESOLVED to visit the site of the above before determining the application.

 

 

 

6.5

24C207 - ALTERATIONS AND EXTENSIONS TO BRYN LLWYD, PENGORFFWYSFA, LLANEILIAN

 

The Chair reported that the local member had requested that this planning application be referred to Committee for consideration.

 

 

 

The Chair stated that he had received a letter of representation in respect of this application which was also addressed to members of the Committee.  A copy of which had been reproduced in the bundle of documents on the table.

 

 

 

The Head of Planning Services requested that consideration of this application be deferred.

 

 

 

Councillor Gwyn Roberts requested that members visit the site of the application in the meantime, Councillor Gwyn Jones also indicated that members should visit the site.

 

 

 

     It was RESOLVED to visit the site of the above before determining the application.

 

      

 

6.6     31C210C - RENEWAL OF PLANNING PERMISSION 31C210 FOR THE DEMOLITION OF THE EXISTING BUILDINGS TOGETHER WITH THE ERECTION OF THREE NEW DWELLINGS ON THE SITE AND ALTERATIONS TO THE EXISTING ACCESS ON LAND TO THE REAR OF GRAIG, LÔN GRAIG, LLANFAIRPWLL

 

     Richard Eames of the Highways Department declared an indirect interest in this application and was not present at the meeting during consideration or voting thereon.

 

      

 

     The Chair reported that this application had been referred to Committee at the local member's request.

 

      

 

     The Head of Planning Services reported that this was an application for the renewal of planning permission 31C210 which involved the demolition of the above outbuildings, the erection of three detached dwellings on the site and carrying out improvement to the track and alterations to the vehicular access point onto Cil y Graig.

 

      

 

     The Head of Planning Services stated that the Community Council raised objection to the siting of the access and thought the proposal would impose greater pressure on the village sewage system.

 

      

 

     The Highways officer indicated that they raised no objection to the proposal, subject to relevant highway conditions.  A traffic survey carried out 5 years previously (when the original application was submitted) indicated that the visibility at the access was of an acceptable standard at the time.

 

      

 

     Councillors Arwel Edwards and John Roberts' main concern related to the size of the buses running past the nearby junction, particularly with vehicles negotiating oncoming traffic.  Councillor John Roberts also voiced concern relating to the lack of visibility at the access to the site and the fact that traffic used this route as a short-cut through the village.

 

      

 

     It was RESOLVED to approve the application for the reasons given and subject to the conditions contained in the officer's report.

 

      

 

7

DELEGATED APPLICATIONS

 

Submitted and noted - the report of the Corporate Director (Planning and Environmental Services) on delegated matters determined since the last meeting of this Committee.

 

 

 

It was noted that planning application 14C83C (O.S. 5379 Gadlys Land, Bodffordd) had not been approved as it had not been determined contrary to that indicated in the report.

 

 

 

The Chair reported that 80 applications had been dealt with under the delegation scheme during this period with 3.6% of those applications refused.  He congratulated all those involved.

 

 

 

It was RESOLVED to accept the report , subject to the above amendment in respect of planning application 14C83C.

 

   

 

 

 

8

OUTSTANDING PLANNING APPLICATIONS - SECTION 106 AGREEMENTS

 

      

 

8.1     43C16D - DEMOLITION OF THE EXISTING GARAGE, ERECTION OF A NEW GARAGE TOGETHER WITH ATTACHED SLEEPING ANNEXE AT THE OLD LIFEBOAT HOUSE, RHOSCOLYN

 

      

 

     The Head of Planning Services reported that the applicant now proposed completing the Section 106 Agreement in respect of the above development as approved by this Committee on 4 December, 2002.  

 

      

 

     The purpose of the Agreement is to ensure that the accommodation is used as additional sleeping accommodation and not let, leased, sold or otherwise occupied separate to the property.

 

      

 

     It was RESOLVED to reaffirm the Committee's decision of 4 December, 2002 to approve the application subject to completion of a Section 106 Agreement on the grounds that there has been no change in circumstances.

 

      

 

8.2     Submitted and accepted a report by the Head of Development Control that the following applications, which had been previously approved by Committee subject to a Section 106 Agreement, have been formally withdrawn:

 

      

 

8.2.1     1/30C377 - erection of a sluice to control the water level at Gors Goch, Llanbedrogch - approved, subject to a s106 agreement, 13 February, 1996 (withdrawn 6 May, 2003)

 

      

 

8.2.2     1/23/C/159 -erection of a sluice to control the water level at Cors y Farl, Talwrn - approved, subject to a s106 agreement, 2 February, 1996 (withdrawn 23 May, 2003)

 

      

 

8.2.3     1/21/C/58E - retention of existing outbuilding together with its use for the housing of agricultural animals together with the erection of a stable block/outbuilding on land at Tyddyn Eurach, Llanddaniel - approved, subject to a s106 agreement, 6 September, 1995 (withdrawn 27 May, 2003)

 

      

 

The meeting concluded at 3.45 p.m.

 

 

 

COUNCILLOR ROBERT LL HUGHES

 

CHAIRPERSON