Issue - meetings

Vary condition 5 on planning permission C21/0575/00/LL so that 3 of the dwellings must be used for residential use within class C3 and 3 of the dwellings used for either use class C3 or use class C6

LOCAL MEMBER: Councillor Rob Triggs

Link to relevant background documents

DECISION: To refuse

The proposal to amend the condition to use 3 of the units for holiday accommodation C6 use class is unacceptable on the basis that the combined number of second homes and holiday accommodation in the Barmouth Town Council area is 18.40%, which is over the threshold of 15% and is considered to be an over-provision in the Supplementary Planning Guidance:

Tourist Facilities and Accommodation.  As a result, the Local Planning Authority has not been convinced that the development will not lead to excessive accommodation of this type in the area as noted in criterion v of Policy TWR 2 of the Anglesey and Gwynedd Joint Local Development Plan. 

Vary condition 5 of planning permission C21/0575/00//LL so that three of the dwellings must be used for residential use within the C3 use class, and three of the dwellings to be used either within C3 or C6 use class.

Attention was drawn to the late/additional observations form - a letter dated 16 November 2023 had been sent to the Members and the Planning Unit responding to the report.

a)      The Senior Planning Officer highlighted that this was an application to vary condition 5 of planning permission C21/0575/00/LL so that three of the dwellings were to be used for residential use within use class C3, and three of the dwellings to be used either within use class C3 or C6.  Application C21/0575/00/LL had been approved on 6 December 2022 for the conversion and change of use of a single dwelling into 6 one-bedroom flats.  It appeared that the previous permission had not yet been implemented and that it remained as one house. Condition 5 of permission C21/0575/00/LL stated: -

"The living unit/s hereby permitted must only be used for residential use within the C3 Use Class as defined by the Town and Country Planning (Use Classes) Order 1987 (as amended) and not for any other use, including any other use within C Use Classes."

Since the application related to the variation or removal of a condition, it was explained that it was necessary to consider whether the condition remained relevant under the national guidance and met the six criteria in the Welsh Government Circular: The Use of Planning Conditions for Development Management.  In addition, the Members were reminded of the changes that had been made to the Town and Country Planning (Use Classes) Order last year in respect of the use classes of residential units, with C3 use remaining for a sole or main residence. Two additional use classes had been introduced (class C5 second home use in a different manner to a sole or main residence, and class C6 for short-term holiday lets). Furthermore, a report was presented to the Cabinet on 13 June 2023 outlining the matters and the justification for issuing an Article 4 Direction to enable the management of the transfer in use from residential houses to holiday use (second homes and holiday lets).

In this context a condition was placed on permission C21/0575/00/LL, restricting the occupancy of the units to permanent residential dwellings (C3), and consideration was given to the relevant housing policies at the time.

Policy TWR2 was considered and although the proposal complied with most of the criteria, the application failed on criterion 5 of Policy TWR 2 of the LDP, which notes that the development should not lead to an over-provision of such accommodation in the area. Although a Business Plan had been submitted with the application (which met the policy requirements), Supplementary Planning Guidance: Tourist Facilities and Holiday Accommodation notes that applications for holiday accommodation should not be approved when 15% or more of the housing stock is in holiday use (including  ...  view the full minutes text for item 8