Agenda and minutes

To accept any apologies for absence.

Apologies were received from Councillors Berwyn Parry Jones, Catrin Wager and Gethin G. Williams (Local Members).

To receive any declaration of personal interest.

(a)   The following member declared a personal interest for the reason noted:-

·         Councillor Eirwyn Williams, in item 5.2 on the agenda, (planning application number C16/1561/44/AM) as he was the owner of a small bed and breakfast establishment.

The member was of the opinion that it was a prejudicial interest, and he withdrew from the Chamber during the discussion on the application noted.

(b)     The following members stated that they were local members in relation to the following items noted:

·         Councillor E.  Selwyn Griffiths (not a member of this Planning Committee), in item 5.2 on the agenda (planning application number C16/156/44/AM) 

·         Councillor Siân  Wyn Hughes, (not a member of this Planning Committee), in relation to item 5.3 on the agenda (planning application number  C17/0361/42/MG)

·         Councillor Huw Gruffydd Wyn Jones (who was a member of this Planning Committee), in relation to item 5.5 on the agenda, (planning application number C17/0385/11/AM)

·         Councillor Dafydd Meurig (not a member of this Planning Committee), in relation to item 5.7 on the agenda, (planning application number C17/0498/16/LL)

The Members withdrew to the other side of the Chamber during the discussions on the applications in question and did not vote on these matters.

To note any items that are a matter of urgency in the view of the Chairman for consideration.

(The following item had not been included on the Agenda, however, the Chairman agreed to consider it under Section 100 (4)(b) of the Local Government Act 1972).

(a)  During the meeting a copy of a letter received by the Planning Service from the Welsh Government Cabinet Secretary for the Environment and Rural Matters was presented regarding an outline planning application for a residential development to include up to 366 residential units and access roads, parking spaces and associated ancillary facilities at Pen y Ffridd, Bangor.    

The application was refused approximately 12 months ago and since that decision an appeal hearing had been conducted against the decision.  On 22 August 2016, the appeal was recovered for resolution by the Welsh Government, as the proposal concerned a residential development of more than 150 houses or a residential development on more than six hectares of land.    It was announced on 12 June that the Minister was in favour of granting the appeal subject to the appellant addressing certain matters.  However, in accordance with the Town and Country Planning (Hearing Procedure) (Wales) Rules 2003, the "2003 Rules", if Welsh Ministers, once a hearing has ended, consider any new matters of fact, and if they as a result are willing to disagree with the recommendation made by the Inspector, then they should not make a decision that is contrary to the recommendation without firstly informing those who were entitled to take part in the hearing that they disagree with the recommendation, give reasons why, and give those persons an opportunity to submit written observations or request that the hearing be re-opened.         

The appeal was considered in accordance with the Gwynedd Unitary Development Plan 2001-2016, and not much weight was given to the Joint Local Development Plan. The site was designated for housing development purposes in the Unitary Development Plan.   Following the receipt of the Inspector's report in relation to the Local Development Plan on 30th June, the weight to consider it from the point of view of the Local Development Plan had increased significantly and therefore the material planning considerations had changed. Under the Local Development Plan the site had not been designated for housing development. The matter would also be submitted before the Council to consider its adoption on the 28th July 2017.  

Therefore, as a result of current policies and to defend the appeal and the Planning Committee's decision, the planning officers suggested that the Welsh Government should be requested to re-open the hearing.  

(b)  A member who attended the hearing noted that it had been very difficult to defend the Planning Committee's decision to refuse as it was contrary to local policies, but he welcomed the suggestion to proceed and have a new appeal and re-open the hearing.

(c)    In response to a query, the Senior Planning Service Manager explained that the land in question had not been designated for housing development and the designated figure of dwellings would not be included with that designated in the proposed Joint Development  ...  view the full minutes text for item 3.

The Chairman shall propose that the minutes of the previous meeting of this committee, held on, 3 July 2017, be signed as a true record.

(Copy enclosed)

The Chair signed the minutes of the previous meeting of this committee, that took place on 3 July 2017, as a true record.

To submit the report of the Head of Environment Department.

The Committee considered the following applications for development.

Details of the applications were expanded upon and questions were answered in relation to the plans and aspects of the policies.

RESOLVED

Erection of three storey detached dwelling.

LOCAL MEMBER:    Councillor Gethin Glyn Williams

Link to relevant background documents

Erection of detached three-storey dwelling 

(a)      The Planning Manager elaborated on the background of the application, noting that a decision on the above application had been deferred in order to conduct a site inspection visit prior to the main meeting.  It was proposed to erect a three-bedroom dwelling with a double garage on the ground floor of the house, a turning area would be provided on the southern section of the site as well as provision for two parking spaces off the estate road north of the site.  The site was currently used as a domestic garden for Tŷ Mynach, which was south of the site and in the applicant's ownership. The site was located within the development boundary of the town of Barmouth, and it was considered that the principle of the proposal was acceptable and in accordance with the relevant policies.  It was noted that the site was fairly extensive in terms of size and the lower level was significantly lower than the nearby estate road, and consequently the dwelling would look like a two-storey property from the estate road.  The proposed height of the dwelling to the top was considered to be acceptable.   Concerns had been received that the development was oppressive and out of character with other houses on the estate, nevertheless, because of the reasons noted in the report that referred to height, location and existing landscaping there were no concerns to this end.  Attention was drawn to the agent's response to the concerns on the late additional comments form that was submitted to the Committee.  It was noted that the site was within the Ardudwy Landscape of Special Historic Interest, as the site was within the area/built form of the town of Barmouth it was considered that there would be no significant impact on the wider landscape.   It was considered that this development would not cause direct, unacceptable over-looking to houses approximately 30 metres away and that there would be no impact on the character of the listed buildings located approximately 60m away.  No objection to the proposal was received from the Transportation Unit, subject to the inclusion of material conditions and notes.  In response to an enquiry the Biodiversity Unit noted that they had no objection to the principle of the application if appropriate conditions were included.  It was noted that the objections raised had received full attention as outlined in the report. Based on the assessment of all the relevant planning considerations, including the objections, it was considered that the proposal was not contrary to policies or local and national guidance and it was recommended to approve the application subject to the conditions outlined in the report.

(b)  Taking advantage of the right to speak, the objector noted that she was objecting on behalf of her mother who was the owner of Brookside. The proposed three-storey dwelling was unsuitable and the photographs were misleading and did not show the location from the southern aspect which was the most sensitive side. The following  ...  view the full minutes text for item 6.

Outline application with all matters reserved apart from access, for the erection of two non-food retail units (Class A1), a 60 bed hotel (Class C1) with integral ancillary café/restaturant, and associated works including associated parking and service areas, a new service access, amendments to the existing site access and ancillary landscaping.

LOCAL MEMBER:    Councillor E. Selwyn Griffiths

Link to relevant background documents

This was an outline application with all matters reserved apart from access, for the erection of two non-food retail units (Class C1), a 60 bed hotel (Class C1) with integral ancillary café/restaurant, and associated works including associated parking and service areas, a new service access, amendments to the existing site access and ancillary landscaping. 

(a)  The Planning Manager elaborated on the background of the application and noted that the application site was currently vacant and located on part of the Penamser Industrial Estate, Porthmadog. The site was surrounded by various business and industrial uses including a petrol filling station, builders merchant and a hotel.  Attention was drawn to the rest of the application details in the report together with the comments on the late observations form. In terms of the principle of the development, it was noted that a number of policies were relevant due to its location and land designations.   It was noted that the site had a very relevant planning history, planning permission had been granted to erect two non-food retail units and an associated garden centre.  The development had commenced by creating a vehicular access to the site and as a result consent was safeguarded.  In 2012, planning permission was granted to erect up to five non-food retail units with one food and drink unit and a manager's living unit.  Given that one consent had been safeguarded and the other was extant, it was considered that significant weight could be attached to this as a material planning consideration. In terms of the site's designation, although policy considerations had changed since granting the previous permission, the site could still be developed under the extant safeguarded permission and this was considered to be a realistic fall-back position.  In terms of the proposed retail units, the intention of the application was not to increase the retail space area that was previously granted. Consequently, the proposal was unlikely to have a greater detrimental impact on the viability and vitality of the town centre than the current fall-back position.  Should the application be approved it was considered reasonable and necessary to impose a condition on both units to prevent their sub-division into smaller units and to restrict the net retail floor space.   A condition would also be required restricting the use to non-food retail.   Attention was drawn to paragraphs 5.29 to 5.33 in the report that assessed the hotel element and this element of the proposal was not contrary to the relevant policies.  It was further noted that paragraphs 5.34 to 5.42 dealt with flooding and drainage matters and having given fair consideration to the policies and the fall-back position regarding an extant safeguarded consent, it was considered that the application at this location was acceptable subject to relevant conditions. The report noted that appropriate consideration with clear and reasonable conclusions had been given to amenities, highway impacts, linguistic matters and biodiversity and were acceptable on the grounds of policy, via a condition or other appropriate arrangements. 

In the conclusions, it  ...  view the full minutes text for item 7.

Reserved matters for building a dwelling house and garage.

LOCAL MEMBER:      Councillor Sian Wyn Hughes

Link to relevant background documents

Reserved matters for the erection of a dwelling and four parking spaces.

(a) The Planning Manager elaborated on the background of the application and noted that it was an application to approve reserved matters to erect one dwelling with four parking spaces.   It was noted that the principle of erecting a house on the site had already been established when outline permission was given for a dwelling.  Attention was drawn to the differences between the plans submitted with the outline application when compared with the current detailed application.  The difference was mainly limited to showing the location of the house approximately five metres closer to the county highway and further away from the objector's property.  In the current application the house's roof ridge would be approximately half a metre higher. It was felt that the change in location was an improvement and it was considered that raising the roof ridge by approximately half a metre would not have more significant impact on the amenities of the neighbours or the area than what had already been supported via the outline permission.   It was noted that the reserved details application dealt with matters relating to design, roads and the impact on local residents only and matters of principle should not be re-discussed.

In terms of the objections received, due to the residential nature of the area, the development was not considered to be out of character or detrimental to the area’s visual or residential amenities.

It was considered that the proposal met with the policy requirements dealing with road safety and the provision of private parking with appropriate conditions.  The planning officers recommended to approve the application subject to relevant conditions.

(b) The Local Member noted:

·         When the application was discussed previously by the Town Council in 2016, that a garage was to be added with a parking area for six vehicles.

·         There was concern that the development would be elevated and look out of place in the area.

·         The Transportation Unit noted that there was access by foot to the highway, but it was noted that the track had daily use.   

·         It was asked if it would be possible to impose an affordable dwelling / local need condition on the development bearing in mind that there were several houses on the open market in the village 

(c) In response to the observations, the Planning Manager noted that it was not possible to consider the above as the principle had already been established for development and further that the garage had been withdrawn from the application with parking spaces subject to the application before them.  

            Resolved:       To approve – conditions

1.            In accordance with plans.

2.            Slate roof.

3.            Reduce the height of the site's wall/hedge that borders with the county highway to 1 metre  above the parallel carriageway. 

Demolition of a building and construction of a dwelling.

LOCAL MEMBER:    Councillor John Brynmor Hughes

Link to relevant background documents

Demolition of building and construction of house

(a)  The Senior Development Control Officer elaborated on the background of the application and noted that this was an outline application to demolish a building and construct a new dwelling-house and the only matters that required consideration were the principle of developing the site together with access.  The site was located in the rural village of Bwlchtocyn in terms of the Gwynedd Unitary Development Plan, however, in the proposed Local Development Plan the site is situated in the countryside.  It was also located within an Area of Outstanding Natural Beauty and a Landscape of Outstanding Historical Interest. The footprint shown on the indicative plan indicated a house with a ground floor area of approximately 104m2 and therefore as this would be a two-storey dwelling the floor area would double to approximately 208m2.   The internal floor area would not correspond to the size of affordable dwellings as recommended in the Supplementary Planning Guidance - Affordable Housing and therefore the proposal would be contrary to the requirements of criterion 4 of policy CH5 of the Gwynedd Unitary Development Plan.     It was considered that the proposal would be acceptable in relation to criterion 5 as the proposal did not impair the existing natural boundaries.

Additional observations had also been received in support of the application and these were submitted separately to Committee members.

In relation to criterion 6, a request had not been made to the applicant for a Tai Teg assessment or to sign a 106 agreement that would tie the property as an affordable house, as it was not considered there was a need for an affordable house as the applicant owned two other houses adjacent to the application site.  The proposal was considered to be contrary to relevant policies on the grounds that no local community need for an affordable house had been proven and that the indicative size of the property was substantially larger than an affordable house.

Attention was drawn to the fact that there was a difference in the housing policies in the Gwynedd Unitary Development Plan and the proposed Local Development Plan.    Bwlchtocyn had not been included as a cluster in the Local Development Plan and therefore the site would be in open countryside where it would only be possible to develop housing for people employed in agriculture, forestry or other land-based industry on the site.  The proposal would be contrary to these requirements as there was no agricultural, forestry or other land-based need for the proposed house.

In terms of general and residential amenities, it was considered that a suitably designed house could be sited on this plot in a way that would not cause significant harm to the amenities of the local neighbourhood.

Whilst recognising the applicant's personal circumstances in terms of his son's disability, and having weighed-up the proposal against the relevant policies, it was noted that the principle of the development did not meet with the requirements of the Council's housing policies that require that  ...  view the full minutes text for item 9.

Outline application for the erection of a single dwelling.

LOCAL MEMBER:    Councillor Huw Gruffydd Wyn Jones

Link to relevant background documents

Outline application to erect one dwelling.

(a)  The Planning Manager elaborated on the background of the application and noted that the proposal was an outline application to demolish a former commercial garage and erect one dwelling-house.  It was noted that the indicative plans submitted were to erect one house, between 6m and 7.9m in height, on the parcel of land between the rear of the existing terraced houses on Garth Road and Trem y Castell, Bangor with the intention to provide a new vehicular access for Allt Garth and create a new parking and turning area.

            The application site was in a residential area within the development boundary of the city of Bangor.

         When considering the relevant policies, it was noted that there was strong policy support for the principle of the development, but it was also essential that the development conformed to other policies in the development plan.  It appeared from the plans that the design, size and materials of the proposal were fairly standard and would be in keeping with other properties in the area with no detrimental impact on visual amenities or the general amenities of the area.

            Attention was drawn to the metal industrial building that currently covered the whole site, and it was considered that constructing a modern building on a portion of the site would clearly be a substantial improvement to the site's appearance.

            In terms of general and residential amenities, reference was made to the detailed             assessment in paragraphs 5.13 to 5.16 of the report.

            Regarding the objections that the development could make the surrounding land unstable,          it was noted that any development would have to go through the Building Control process to ensure its safety and ultimately it was a matter for the developer to ensure that the construction work was completed safely. Matters in relation to walls between private properties are dealt with via the Party Wall Act.

            Having considered all the relevant planning matters, the application was considered to be acceptable and satisfied the requirements of the relevant policies.   It was recommended to approve the application subject to the conditions noted in the report.

(b)     The local member stated that no objector had contacted him or Bangor City Council, and there was support by residents in his ward to the proposal.

(c)      It was proposed and seconded to approve the application. 

            Resolved:       To approve the application subject to the following conditions:

1.         Standard condition at the time of an outline application

2.         Development to comply with the approved plans

3.         The height of the ridge of the main house to not exceed 106.55m as shown on the submitted plans

4.         Final materials to be agreed, including a natural slate roof

5.         Opaque glass windows only on the north-western and south-eastern elevations

6.         Welsh Water Condition

7.         These include the treatment of the site's boundaries in the detailed  ...  view the full minutes text for item 10.

Change of use of the first floor of the building from a 4 bed flat to 5 bed student accommodation together with erection of an extension and external alterations.

LOCAL MEMBER:    Councillor Steve Collings

Link to relevant background documents

         Change of use of the building's ground floor from a four bedroom flat to student accommodation with five bedrooms together with building an extension and external alterations.

(a)  The Senior Development Control Manager elaborated on the background of the application, noting that the existing building had been empty following its recent use as a public house with a flat above. The proposed accommodation would include five bedrooms, two bathrooms and one open-plan kitchen and dining room, all on the first floor.

Reference was made to the relevant policies in the report along with the responses to the consultation.     

In terms of the principle of the development, it was noted that there was no specific policy in the Unitary Development Plan that dealt with a development of this type.  However, the proposal complied with the requirements of policy C3 that relate to the use of previously used sites.

It was noted that the merits of the application had to be considered against the current situation, namely continuation of the use of the ground floor and converting the existing four bedroom living unit into student accommodation with five bedrooms.  Whilst acknowledging that student accommodation developments were a concern in Bangor, the scale of this application was considered to be fairly small compared to previous applications submitted and was therefore unlikely to have a damaging or significant impact on the student accommodation situation or the city's housing stock.  In order to ensure satisfactory arrangements for letting the units, a condition may be imposed that accommodation agreements should be agreed in advance with the Local Planning Authority.

It was noted that the existing flat provided four bedrooms,with the intention of adding one more bedroom and it was unlikely to cause a significant different impact to the present.    It was considered that the proposal would not be an over-development and would not have a significant detrimental effect on the residential amenities.

In terms of transportation and access matters, no objection had been received from the Transportation Unit regarding road safety and parking provision.

Having assessed all the relevant planning considerations, the proposal was considered acceptable and complied with relevant local and national planning policies and guidelines and it was recommended to approve the application subject to appropriate conditions.

(b)  It was proposed and seconded to approve the application.

(c)   During the ensuing discussion, the following points were noted by individual members:

·         That that it was important to keep an eye on this type of provision and it was felt that the proposal was oppressive as there would be only one kitchen for five units and they were packing in more units in order to make profit.   

·         were more student units needed

·         concern regarding safety in terms of fire safety and exits as no comments had been received from the fire service / police    

·         That the facility of one kitchen between five units was fairly acceptable, and regarding fire the upper floor of the building had been regularly used in the past for concerts for approximately  ...  view the full minutes text for item 11.

Erection of a cheese factory/dairy together with an ancillary cafe and visitors area.

LOCAL MEMBER:    Councillor Dafydd Meurig

Link to relevant background documents

            Erection of cheese factory / dairy together with a café and ancillary visitor area. 

(a)  The Planning Manager elaborated on the background of the application and noted that the proposal was to erect a cheese factory / dairy including an ancillary café and visitor area at the designated industrial estate of Bryn Cegin, Bangor.  The new facility would include a two-storey building with a series of silos for the storage of milk and water.  The rest of the site would be divided into one area for loading and business activity, parking spaces for 135 vehicles and a landscaping area around the site's boundaries. 

            Reference was made to the rest of the details in the report.   

In terms of the principle of the development, it was noted that the policies identified Bryn Cegin estate as an industrial site to be protected, and this application for industrial use in use class B2 was in accordance with what was encouraged by the policies. It was deemed that the principle of developing on this site was acceptable, however, there were a number of additional policy considerations to be considered. 

         Although it was a large development, the new building would be of a size, design and materials expected of a modern industrial building on a substantially sized estate, and therefore it was considered to be in keeping with its location.   Landscaping would assist to mitigate the visual impact of the development and it was deemed that it would not have a significant detrimental impact on the visual amenities of neighbourhood.

         Reference was made to the late observations form that stated that the Public Protection Unit confirmed their support subject to conditions, and therefore the proposal was considered to be acceptable in terms of the aspects of the policies that deal with safeguarding the neighbourhood's amenities.   

         Attention was drawn to the fact that transportation, land drainage, archaeology and biodiversity matters were all acceptable.

         In terms of the economy and linguistic matters, it was noted that the assessment was positive and the proposal would create high value opportunities.  

         It was noted that there was no objection to a shop or café ancillary to the main use and conditions may be imposed regarding this.

         Having assessed all the relevant planning considerations, the proposal was deemed to make appropriate use of a site designated for such uses and it was recommended to approve the application in accordance with the additional conditions of the Public Protection Unit concerning ventilation / extraction system, noise levels and hours of operation. 

(b)  Taking advantage of the opportunity to speak, the applicant noted:-

·         This was an enterprise by a group of young farmers and he was one of the founders 

·         The enterprise specialised in the production and selling of cheese

·         That Bryn Cegin site was central to north Wales and would be a good starting place  ...  view the full minutes text for item 12.

Erection of a new dwelling for an essential farm worker together with an agricultural shed and vehicular access.

LOCAL MEMBER:    Councillor Menna Baines

Link to relevant background documents

         Erection of a new dwelling for an essential agricultural worker together with an agricultural building and vehicular access.

(a)              The Senior Development Control Officer elaborated on the background of the application, and noted that the application site was in open countryside outside any development boundary and the proposal was to erect a three bedroom bungalow and an agricultural shed and to modify the existing agricultural access off the unclassified road that passed the site.

Reference was made to the relevant planning policies within the report and it was noted that additional information had been received from the Land Drainage Unit and noted on the additional observations form. 

Regarding the principle of the development, it was noted that new houses in rural sites would only be approved under very special circumstances, i.e. when the dwelling was required as a home for a full-time worker mainly employed in agriculture, forestry or other rural land-based industry.

Attention was drawn to the requirements of Technical Advice Note 6 and policy CH9 of the Unitary Development Plan that require information relating to the following: 

·         The Functional Test

·         The Time Test

·         The Financial Test

·         The Alternative Dwelling Test

            and it was recognised that the development met with the above requirements. 

In terms of design and visual amenities, it was considered that the plan for the house was fairly small and unobtrusive.  On the whole, it was considered that the design of the house and shed were quite inconspicuous and reflect the expected design of such buildings in the Welsh countryside.  Although it was accepted that it was a fairly prominent location and the new development would be visible from nearby public areas, it was considered that the site was not within a designated landscape and the development would be typical of this area.   

Despite the objections of the residents of Tyddyn Hir, namely the house nearest to the site, because of the distance between the site and the fact that there were mature hedgerows between these sites, it was considered that the proposal would not cause direct unacceptable harm to the amenities of the residents of Tyddyn Hir. 

It was noted that the road serving the site was quite narrow. However, although the proposal was likely to give rise to the need for agricultural vehicle movements in relation to the activities on site, it was not anticipated that these would be any worse than the expected level of traffic with regards to the agricultural business should the land be farmed by an owner living outside of Waen Wen. It was confirmed that the Transportation Unit had expressed its satisfaction with the plan.

Following an assessment of all the relevant planning considerations, including matters raised by objectors, it was considered that the development was suitable for the site and it was recommended to approve the application subject to the conditions noted in the  ...  view the full minutes text for item 13.

Erection of a pair of semi-detached houses together with associated works.

LOCAL MEMBER:    Councillor Jason Wayne Parry

Link to relevant background documents

         Erection of two semi-detached dwellings and associated works

(a)  The Senior Development Control Officer elaborated on the background of the application and noted that the proposal was to erect two semi-detached dwellings and associated works to include provision of parking spaces and erection of a 1.8m high wooden fence around the site.   It was proposed to create parking spaces for two cars for each house opposite the gable-ends, with the access to the site as it was now off the private road that was in the applicant's ownership.

The site was located on a plot of land that formed part of the residential curtilage of 4 Rhosbodrual and within the Caernarfon development boundary in the Gwynedd Unitary Development Plan. 

Reference was made to the relevant planning policies and the responses to the consultations within the report as well as a response by the applicant's agent to the comments of the objectors noted on the additional observations form.  

         It was considered that the proposal as submitted as a full application was acceptable in principle, and in terms of visual amenities it was deemed that it would not create incongruous structures in the street-scape and was acceptable and in compliance with the relevant policies.  

Attention was drawn to the objections received on the grounds of:

·         Current parking difficulties

·         Over-development

·         Suitability of the sewerage system

·         Prevention of access to Haven

·         Detrimentally affects the amenities of local residents 

         It was noted that the Gwynedd Unitary Development Plan stated that a building density of at least 30 units per hectare was used for residential development sites in order to make best use of the land.  However, this figure may vary from site to site based on physical restrictions or the area's general character.  In this particular case the site development density for two houses came to approximately 33 houses per hectare which corresponded to the relevant requirements and therefore it would not be an over-development of the site.

         In terms of the loss of light to the property called Haven, it was noted that both houses had been set back at the rear of the site in order that the northern elevations of both houses were set back from the northern elevation of Haven.    Although it was recognised that there would be some crossing (approximately 2m) between the gable-end of Haven and the gable-end of one of the proposed houses and some shadowing would be inevitable, it was deemed that it would not be at a substantial or significant scale.  

         The site was located within a residential area that close to a class 1 county highway, although it was recognised that locating two additional houses on the site could create an element of disturbance, it was deemed that it would not be of a significantly higher scale than currently existed in the application site's catchment area.  It was noted that it was also proposed to erect a  ...  view the full minutes text for item 14.