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Agenda, decisions and minutes

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Contact: Lowri Haf Evans  Email: lowrihafevans@gwynedd.llyw.cymru 01286 679 878

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Items
No. Item

1.

ELECT CHAIR

To elect Chair for 2020/21

Additional documents:

Decision:

Councillor Eric Merfyn Jones was elected as Chair of this Committee for the 2020/21 period

Minutes:

RESOLVED to elect Councillor Eric M. Jones as Chairman of this Committee for 2020/2021

 

2.

ELECT VICE CHAIR

To elect Vice Chair for 2020 / 21

Additional documents:

Decision:

Councillor Gareth A Roberts was elected as Vice-chair of this Committee for the 2020/21 period

 

Minutes:

Councillor Gareth A Roberts was proposed and seconded

A second name, Councillor Louise Hughes was proposed and seconded

 

A vote was taken on the proposals

 

RESOLVED to elect Councillor Gareth A Roberts as Vice-chair of this Committee for 2020/2021

 

3.

APOLOGIES

To accept any apologies for absence.

Additional documents:

Minutes:

Apologies were received from Councillor Linda A W Jones and Councillor Elin Walker Jones (Local Members)

 

4.

DECLARATION OF PERSONAL INTEREST AND PROTOCOL MATTERS

To receive any declaration of personal interest and to note protocol matters.

Additional documents:

Minutes:

a)    Councillor Berwyn Parry Jones (who was a member of this Planning Committee), in item 7.4 on the agenda, (planning application number C19/1072/11/LL), as he was an Adra Board member.

 

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

 

The Solicitor, Rhun ap Gareth, in item 7.4 on the agenda (planning application number C19/1072/11/LL) as his parents-in-law lived near the site.

 

The officer was of the opinion that it was a prejudicial interest and he left the meeting during the discussion on the application.

 

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

 

Councillor John Pughe Roberts (not a member of this Planning Committee) in item 7.2 on the agenda, (planning application C19/1197/02/LL)

 

Councillor Gareth A Roberts (a member of this Planning Committee), in item 7.4 on the agenda (planning application number C19/1072/11/LL)

 

5.

URGENT ITEMS

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

Additional documents:

Minutes:

None to note

6.

MINUTES pdf icon PDF 251 KB

The Chairman shall propose that the minutes of the previous meetings of this committee, held on the 10th September 2020 and the 24th September 2020, be signed as a true record.

Additional documents:

Minutes:

The Chair signed the minutes of previous meetings of this committee, held on the 10th and 24th of September 2020 as a true record, subject to noting that Councillor Gareth T Jones was present at the meetings.

 

7.

PLANNING APPLICATIONS

To submit the report of the Head of Environment Department.

Additional documents:

Minutes:

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 policy aspects.

 

 

7.1

Application No C19/1028/03/LL Wynnes Arms Hotel, Ffordd Manod, Manod, Blaenau Ffestiniog pdf icon PDF 266 KB

Application for the conversion of a public house to 5 flats together with rear extension and parking area

 

LOCAL MEMBER: Councillor Linda Ann Jones

 

Link to relevant background documents

Additional documents:

Decision:

To refuse the application on grounds of:

The proposal to convert the building to five flats is located within an area with a history of flooding, and no information has been submitted as part of the planning application to show that the risk of flooding can be adequately regulated; and therefore the proposal is contrary to policy ISA 1 and PS 6 of the Gwynedd and Anglesey Joint Local Development Plan and Technical Advice Note 15: Development and Flood Risk.

 

Minutes:

Attention was drawn to the late observations form.

a)    The Planning Manager elaborated on the background of the application, and noted that it had been submitted to committee in September, where it was resolved to defer consideration as a result of receiving concerns regarding flooding on the site.   In the meantime, it was reported that the applicant had informed the Council that he had submitted an appeal to the Planning Inspectorate due to a lack of decision by the Council on the application (closing date 20/10/20).

 

Following the Committee's determination (10 September 2020 meeting), to defer the decision in order to receive more information regarding drainage matters, the Flood Risk and Coastal Erosion Management Unit was consulted. A response was received noting their objection as they were aware that a culverted watercourse ran through the development site, which had not been identified in the application. The developer was advised to establish the exact path and condition of the culvert prior to undertaking any work on the site. It was noted that there was strong evidence that the watercourse had caused historical flooding to the cellar floor of the existing building.  The developer was advised to establish the exact path and condition of the culvert and to prepare a limited Flooding Consequences Assessment (FCA) to consider if the site may be developed safely in accordance with TAN15.  Until an acceptable flooding assessment would be produced, the Unit would object to the development on the grounds of flooding risk.

 

In light of the information received, it was reported that the only option would be to recommend to refuse the application.

 

b)    It was highlighted that the Local Member objected on the grounds of flooding concerns

 

c)    It was proposed and seconded to refuse the application

 

RESOLVED to refuse the application on the grounds that the proposal to convert the building into five flats was within an area with a history of flooding, and no information had been submitted as part of the application to show that the risk of flooding can be managed safely; and therefore the proposal was considered to be contrary to policy ISA 1 and PS 6 of the Anglesey and Gwynedd Joint Local Development Plan and Technical Advice Note 15: Development and Flood Risk.

 

 

8.

Application No C19/1197/02/LL Canolfan Grefftau Corris, Corris Uchaf, Gwynedd, SY20 9RF pdf icon PDF 241 KB

Create a touring caravan site for 11 touring units together with siting of a toilet block and  landscaping 

LOCAL MEMBER: Councillor John Pughe Roberts

Link to relevant background documents

 

 

Additional documents:

Decision:

DECISION – To approve subject to conditions

 

1.            Five years.

2.            In accordance with the revised plans and specialist reports.

3.            Restrict the numbers to 11 touring units

4.            Holiday season / siting

5.            Restrict the units to holiday use.

6.            No touring units to be stored on the site

7.            Biodiversity

8.            Restrict to the holiday season.

9.            A register to be kept.

10.         No tree felling, hedge cutting or clearing of vegetation within the nesting  season.

11.         Agree/control lighting.

12.         Agree details of the clawdd.

13.         Agree details of washing facilities unit prior to being sited on the site

14.         Landscaping

15.         Landscape maintenance

16.         Submit a Biodiversity Improvement Plan

17.         No ground clearance during the reptile hibernation season in the winter

 

Contaminated Land Note

 

Minutes:

a)    The Planning Manager elaborated on the background of the application, noting that this was a full application to create a touring caravan site for 11 touring units together with siting a shepherd's hut as a washing facility.

 

It was explained that the principle to establish the touring caravan site was based on Policy TWR5 of the LDP and such developments would be permitted if they can conform to relevant criteria.  It was noted that the site was located in a field with the lie of the land and existing landscaping on the boundaries, creating a site that was fairly hidden. In terms of visual amenities, it was considered that the proposal had no detrimental impact on the rural character and atmosphere of the local landscape, which was designated as a Special Landscape Area.

 

In the context of general and residential amenities, it was considered that the proposed use would not generate substantially more noise and disturbance than the existing circumstances bearing in mind that the site location was near a busy Trunk Road and the Corris Craft Centre. The observations of the Transportation Unit and the Welsh Government's Trunk Road Unit confirmed that they had no objection to the revised plan.

 

In the context of biodiversity matters, it was considered that the proposal involved the use of reclaimed land and the land had no current use. Reference was made to the tree report stating that the development had been designed carefully in order to retain the existing screen around the site with the intention of improving this screen with additional planting along the boundaries.

It was highlighted that the Biodiversity Unit had no objection to this proposal provided that measures were taken to avoid damage to species and that the site was managed to create a wild flower meadow. It was noted that mitigation measures had been outlined in the ecological report.

 

b)    Taking advantage of the right to speak, the applicant’s agent noted the following points:-

 

·         Corris Craft Centre was a long standing tourist attraction

·         The application in question was an opportunity for diversification of a small facility for 11 touring units and to ensure the viability and secure the future of the craft centre

·         The applicant had received several requests for such a provision.  The facility would allow visitors to the centre to stay on for a few days to enjoy what the centre has to offer, as well as the surrounding area.

·         That it was proposed to retain the trees along the boundary and to create an additional screen

·         It was an opportunity to create an additional source of income, to secure employment and a resource that was needed in the area - that would contribute to the local economy and would be a means of supporting other local businesses

·         They had collaborated closely with the Planning Department; and had used the response to the consultation period observations to ensure a suitable design and plan

c)    Taking advantage of the right to speak, the Local Member  ...  view the full minutes text for item 8.

9.

Application No C20/0190/19/AC Seiont Brickworks, Seiont Works Ffordd Felin Seiont, Caernarfon pdf icon PDF 473 KB

Application for works associated with the construction of the proposed A487 Caernarfon to Bontnewydd bypass including;

·         Use of land as an extension to the existing site compound area and provision of a maintenance shed, office accommodation, welfare and car parking facilities, fuel store, sewage storage tank, mobile concrete batching plant, mobile asphalt batching plant and construction of a haul route (temporary use),

·         Construction of a new haul road on the northern boundary of the existing quarry with temporary connection to the proposed A487 Caernarfon to Bontnewydd bypass route during the construction period,

·         Continued extraction of minerals, removal of material from a mineral working deposit and existing stockpile of materials,

·         Construction of a hardstanding and siting of plant machinery for the processing and screening of materials,

·         Disposal of inert waste materials for long-term quarry engineering/ restoration works.

      (Application under Section 73 to vary Condition 3 on planning permission C17/0011/19/MW to reach the ground levels agreed in restoration plan no. 3030/16, excavation materials that are surplus to the requirements of the Caernarfon to Bontnewydd bypass project in addition to excavated materials from other sources, shall be deposited at the site in accordance with the NRW permit)

LOCAL MEMBER: Councillor Peter Garlick

 

Link to relevant background documents

Additional documents:

Decision:

DECISION – To refuse the application

 

The proposal changes the scale or nature of the previously approved development for "works associated with the construction of the proposed A487 Caernarfon to Bontnewydd bypass ..." and, therefore, the Authority considers that condition 3 should not be changed in accordance with s.73(2) (b) of the Town and Country Planning Act.

 

Minutes:

Attention was drawn to the late observations form

           

a)    The Planning Manager highlighted that application C17/0011/19/MW (approved in June 2017) was subject to conditions for development proposals associated with the construction of the Caernarfon to Bontnewydd bypass. It was highlighted that the application sought, under Section 73 of the Town and Country Planning Act 1990, to vary one of those conditions. It was explained that Condition 3 restricted the import of surplus materials from other areas to what was generated by the bypass construction project.

 

It was explained that Section 73 enabled the applicant to submit an application to develop land without complying with conditions attached to an extant planning permission.  Under this section the Local Planning Authority may amend or remove conditions, but may not amend any other part of the permission.  A successful s.73 application results in the grant of a new planning permission and therefore the original permission remained intact.   When determining a s.73 application, the LPA may impose conditions beyond those proposed in the application.  However, the conditions imposed should only be ones that could have been imposed on the original permission.  Previously, it was held that the amendments permitted should not amount to a “fundamental alteration” of the proposal put forward in the original application.  The reasons why the officers considered that undertaking such a change would not be appropriate via a Section 73 application, were elaborated upon.

 

The Solicitor highlighted that the applicant had shared information / additional opinion with the Members and the response of Council officers to this opinion had been shared with the applicant in April 2020. 

 

b)    It was proposed and seconded to refuse the application

 

c)    During the ensuing discussion, the following observation by a member was noted:

 

·           Why had a new application not been submitted?

·           Concern that it would have an impact on the timetable to complete the bypass

·           That a new application should be submitted as a means of controlling what was placed in the quarry pit

 

ch) In response to an observation regarding the submission of a new application, it was noted that extensive discussions had taken place over the last few months and there were differing opinions regarding the right way forward. 

 

d)    In response to the observation regarding the application possibly preventing the completion of the bypass work, it was noted that the application related to filling a quarry pit with materials and it should not impair the bypass timetable.

 

RESOLVED to refuse the application due to the reason that the proposal changes the scale or nature of the previously approved development for "works associated with the construction of the proposed A487 Caernarfon to Bontnewydd bypass ..." and, therefore, the Authority considers that condition 3 should not be varied in accordance with s.73(2) (b) of the Town and Country Planning Act.

 

10.

Application No C19/1072/11/LL Land Off Pen Y Ffridd Road, Pen Y Ffridd Road, Penrhosgarnedd, Bangor pdf icon PDF 412 KB

Residential Development of 30 Units (to include 12 affordable units) together with infrastructure, parking spaces, access, footpaths and amenity area.

 

LOCAL MEMBER; Councillor Gareth A Roberts

 

Link to relevant background papers

Additional documents:

Decision:

DECISION

 

·                     To refer the application to a cooling off period

·                     To refuse the application for the following reasons

 

          Lack of need for housing

          Linguistic Assessment is insufficient

          Flooding matters

          Land contamination matters

          Transportation matters – Penrhos Road junction and also Penyffridd Road

          Insufficient provision / contribution of open spaces

 

Minutes:

a)    The Planning Manager elaborated on the background of the application and explained that the proposal was located in Penrhosgarnedd and was a site previously used by Bangor University as a horticulture field centre.  Currently, it was a plot of derelict and abandoned land that was overgrown and the site of the former field centre building, demolished some time ago.  Residential housing surround the site, in the form of an estate and the site was within the Bangor development boundary.

 

It was reported that the construction of housing on a site within the development boundary was acceptable.  In the context of the application, it was highlighted that the proposed density of the housing development was a little lower than expected, however, bearing in mind the limitations of the site that included the need to create a wildlife corridor, retaining the copse, providing open amenity spaces together with safeguarding an area for land drainage, it was considered that providing 30 units would be acceptable for the site.  

 

It was highlighted that Policy TAI 1 stated that housing would be delivered through housing allocations together with suitable windfall sites within the development boundary. It was true that the land in question had not been allocated for housing, but was entirely located within the development boundary and there was an element of recognition regarding the growth of Bangor via windfall sites.    

 

It was noted that the Bangor indicative supply level over the term of the Local Development Plan was 969. In accordance with more recent figures (as a result of regular monitoring), that considered completed units, the number in the current land bank and the number in the application, the capacity/indicative target for the site was 10 units. To provide more than the indicative target, it was explained that the applicant had to submit a justification that satisfied the Council that the proposal addressed the recognised need for housing. In this case, 12 of the proposed units would be affordable housing (a higher percentage than policy requirement) together with 18 units to be sold on the open market. It was noted that the housing mix statement corresponded to the need and the Council's Strategic Housing Unit had confirmed that the 30 units were on the list of contingency schemes to receive Welsh Government Community Housing grant bearing in mind that such a development was a priority.     

 

It was also noted that the applicant had stated there was potential for some open market housing to be offered as intermediate rented housing or as an equity sharing scheme that would increase the number of accredited affordable housing that would be offered. It was added that there was an element of certainty that the proposal would be realised soon and address the recognised need for housing in the area.  It was reported that the plan was of high quality with the feeling and form of an estate that would provide housing for families with plenty of surrounding green areas. 

 

Attention was drawn to the main objections  ...  view the full minutes text for item 10.