Issue - meetings

Erection of 8 no. shepherds huts, installation of foul water receptacle and soakaway and infrastructure to serve shepherds huts.

LOCAL MEMBER: Councillor Elwyn Edwards

Link to relevant background documents

DECISION: To Refuse

1.     The proposal would create new permanent alternative camping accommodation within a Special Landscape Area and is therefore contrary to point 1 of policy TWR 3 as well as PCYFF 1 of the Anglesey and Gwynedd Joint Local Development Plan (2011-2026) which protects the Special Landscape Area from this type of development.

2.     The test of likely significant impact suggests that there may be a significant impact on the features of the Afon Dyfrdwy and Llyn Tegid SAC, due to the new sewage treatment works proposed and the proximity to the SAC. This means that an Appropriate Assessment is required but insufficient information has been submitted as part of the application for the Local Planning Authority to be able to complete an Appropriate Assessment in this case in accordance with the Authority's requirements under the Conservation of Habitats and Species Regulations 2017. It is therefore concluded that there can be no assurance that the proposal will not have a significant or adverse effect on the SAC due to the lack of information and therefore the proposal does not comply with the requirements of the Conservation of Habitats and Species Regulations 2017 or the requirements of policies PS19 and AMG 5 of the Joint LDP or chapter 6 of PPW that deals with green infrastructure, net benefit to biodiversity, the protection given to Sites of Special Scientific Interest and trees and woodlands. 

3.     The site is partly located within Flood Zones 2 and 3 for surface water and small watercourses as set out in the 'Flood Map for Planning'. No Assessment of Flood Consequences has been submitted as part of the application and the application means providing a new, very vulnerable development on ground floor level and therefore the proposal does not comply with the requirements of paragraphs 6.1, 10.19 or 10.20 of Technical Advice Note 15: ⁠Development, flooding and coastal erosion (2025) that ensures that very vulnerable developments are not located within flood zones where they would cause a risk to life.  ⁠

4.     No drainage statement has been submitted as part of the application, and therefore insufficient information has been submitted to be able to confirm that the proposal complies with the requirements of part 7 of TAN 15: ⁠Development, flooding and coastal erosion (2025) in terms of providing a sustainable drainage system.

Erection of 8 shepherds' huts, installation of foul water receptacle and soakaway and infrastructure to serve the shepherds' huts

Attention was drawn to the late observations form.

a)     The Senior Planning Officer highlighted that it was planned to erect 8 shepherds’ huts as part of the Palé Hall Hotel business. The number of shepherds’ huts from the original proposal had been reduced from 10 to 8 following amendments to the application.

Three shepherds’ huts would be located in the northern part of the site closer to the hotel, with a further five located further to the south-west around an existing small lake. It was explained that the site was located within the grounds of the Palé Hall Hotel, a Grade II* listed Victorian country house, approximately 1km from Llanderfel and approximately 5.5km from Bala; the site was outside any development boundary and therefore in open countryside.

In terms of relevant planning restrictions, the location of the site was within the Dyffryn Afon Dyfrdwy Historic Landscape and the Bala Countryside Special Landscape Area; within the catchment area of the Afon Dyfrdwy and Llyn Tegid Special Area of Conservation (SAC); close to the Afon Dyfrdwy Site of Special Scientific Interest, partly within the Wern Dywyll Wildlife Site and the whole site was within the Palé Hall Parkland Tree Preservation Order; part of the site was also within Flood Zones 2 and 3 for surface water and small watercourses on the Flood Map for Planning.

The application was submitted to a committee as the site was larger in size than could be determined by delegated procedure.

In the context of an assessment of the relevant planning considerations, it was noted that the proposed creation of a new permanent alternative camping site within a Special Landscape Area had been considered under Policy TWR 3 of the LDP. It was noted that criterion 1 of policy TWR 3 stated that proposals for such new sites in Special Landscape Areas would be refused, and therefore the proposal was fundamentally contrary to the policy and to the requirements of policy PCYFF 1.

Reference was made to Natural Resources Wales' concerns regarding the potential impact on the Afon Dyfrdwy a Llyn Tegid SACs. Although information had been submitted regarding the foul drainage arrangements, the applicant had not provided hydrogeological evidence or a Groundwater Risk Assessment, as required. As a result, an adverse impact on the SAC could not be ruled out and sufficient information had not been received to enable the Authority to complete an appropriate Assessment.

In the context of flooding and drainage issues, although the site was partly located within Flood Zones 2 and 3, a Flooding Consequences Assessment had not been submitted as part of the application. With the proposal involving development that was a very vulnerable development, it was in breach of the relevant requirements of TAN 15: Development, Flooding and Coastal Erosion. In addition, a Drainage Statement had not been submitted to indicate how surface water would be managed on site and therefore  ...  view the full minutes text for item 8