Venue: Siambr Dafydd Orwig, Council Offices, Caernarfon, Gwynedd, LL55 1SH. View directions
Contact: Bethan Adams 01286 679020
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APOLOGIES To accept any apologies for absence. Additional documents: |
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DECLARATION OF PERSONAL INTEREST AND PROTOCOL MATTERS To receive any declaration of personal interest and to note protocol matters. Additional documents: Minutes: (a)
Councillor
Gareth A Roberts declared a personal interest in Item 6.6 on the agenda
(planning application number C19/0224/11/LL), as the applicant was his mother. The Member was of the
opinion that it was a prejudicial interest and he withdrew from the Chamber
during the discussion on the application. (b) The
Senior Solicitor declared a personal interest in item 6.3 on the agenda
(planning application number C19/0014/19/LL), as a close relative of his lived
opposite the site. The
officer was of the opinion that it was a prejudicial interest and he left the
Chamber during the discussion on the application. (c) The
following members declared that they were local members in relation to the
items noted: ·
Councillor
Peter Garlick (not a member of this Planning Committee), for items 6.1, 6.3 a
6.5 on the agenda (planning applications number C16/1412/19/LL, C19/0014/19/LL
a C19/0169/19/AM); ·
Councillor
Edgar Wyn Owen (a member of this Planning Committee), in relation to item 6.2
on the agenda, (planning application number C18/0993/26/LL); ·
Councillor
Elin Walker Jones (a member of this Planning Committee), in relation to item
6.2 on the agenda (planning application number C19/0224/11/LL). The Members withdrew to the
other side of the Chamber during the discussion on the applications in question
and did not vote on these matters. |
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URGENT ITEMS To note any items that are a matter of urgency in the view of the Chairman for consideration. Additional documents: |
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The Chairman shall propose that the minutes of the previous meeting of this committee, held on, 1 April 2019, be signed as a true record. Additional documents: Minutes: The Chair signed the minutes of the previous meeting of this Committee,
held on 1 April 2019, as a true record, subject to the addition of a bullet
point under part (c) ‘Application Number C18/1198/45/AM - Former Hockey Pitch, Allt Salem, Pwllheli,’ on page 8
of the agenda stating: ·
That there had been an
accident on the road. In response to a comment by a member that the local member for
Application Number C18/1198/45/AM - Former Hockey Pitch, Allt
Salem, Pwllheli, had drawn his attention to the fact
that many residents had stated that they had not been informed about the
application. The Senior Solicitor noted that this was irrelevant to the minutes
but was a matter that the Planning Service could look into. |
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To submit the report of the Head of Environment Department. LOCAL MEMBER: Councillor Louise Hughes Additional documents:
Minutes: Submitted - the Head of the Environment
Department's report stemming from an application to register on the Public
Rights of Way Definitive Map a public footpath in the Community of Arthog. The background to the application was
explained, and it was noted that the Committee at its meeting on 25 June 2018
had resolved to: "Approve the
application to add the public footpath to the Council's Definitive Map and
Statement as shown by A-B on the plan provided in Appendix 1 of the report on
the following grounds: ·
That the path had been used
by walkers over a period of twenty years between 1942 up to 1962; and ·
That the signs for that
period, from the evidence submitted, were not sufficiently (legally) effective
to prevent the assumption that the highway had been dedicated under section 31
(1) Highways Act 1980, and ·
Specifically that the sign
'Private Road' seen on the photographs in the report referred to vehicles only
and not walkers, and it was not intended to prevent walkers from using the
plot." It was explained that the entire path was
shown on the plan in Appendix 1 of the report as A-B-C, the Committee's
decision on 25 June 2018 authorised use of an order to register part A-B. The
Committee was asked whether the path shown between B and C on the plan should
be registered. It was noted that if the Committee would approve the application
to register part B-C, then in accordance with the Committee's previous
decision, an order would be created to register the path shown as A-B-C on the
plan in Appendix 1. It was noted that evidence of use of the path
between B and C had been included in the report and members were reminded that
evidence of use over a period of twenty years was needed. It was highlighted
that the Committee, at its meeting on 25 June 2018, had resolved that the
period relevant to part A-B was 1942 to 1962. It was explained that the part between B and
C followed the path of the old tramway from Barmouth
to Mawddach Crescent and that it was worth noting
that there had been some change in the condition of this stretch, and the
ability to walk on part of it depended on the tide. It was added that there was
a strong evidence base that people had used the path on part B to C over a period of time. The Senior Solicitor gave guidance, noting
that the Committee had approved the application to register the path between A
and B as a public footpath based on evidence of use. He reminded the members
that in contrast to the path between A and B there were no signs on the path
between B and C. He noted that the same type of evidence of use existed on the
path between B and C as on the path between A and B. The Local Member noted that it had been a ... view the full minutes text for item 5. |
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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. RESOLVED |
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Application No. C16/1412/19/LL - Tŷ Glan Menai, Ffordd Yr Aber, Caernarfon PDF 191 KB Demolition of existing dwelling
and erection of 12 bedroom hotel (3 storeys) with parking area, sewerage
treatment plant and alterations to the existing access, the existing summer house
and gatehouse would be used as ancillary buildings to the proposed hotel. LOCAL MEMBER: Councillor Peter
Garlick Additional documents: Minutes: Demolition of existing
dwelling and erection of 12 bedroom hotel (three storeys) with parking spaces,
sewage treatment tank and alterations to existing access, the existing Summer
House and Gatehouse to be used as ancillary buildings to the proposed hotel. (a)
The
Planning Manager elaborated on the background to the application and noted that
the application had been deferred at the Committee meeting held on 11 February
2019 in order to receive further information concerning flooding and
accessibility to the site, together with matters relating to: ·
Shoreline Management
Plan. ·
Ownership of the wall
between the coast and the class III public highway (Ffordd
yr Aber). ·
The
response of the Fire Service to the observations of Natural Resources Wales
regarding flood risk along the road serving the site. ·
Similarity between this
application and an application to construct new housing in Felinheli. ·
Carbon
footprint implications of the development. Attention was drawn to the additional observations that had
been received. It was noted that the
proposal was acceptable in principle as the application complied with current
policies and planning guidance that supported the principle of situating new,
high quality holiday accommodation in the countryside by using a suitable
previously developed site, which was accessible to different types of
transport. Reference was made to
members' concern at the previous meeting that related to flooding matters. It
was confirmed that the site was not within any flood zones and that the
principle of developing the site for use as a hotel was acceptable. In terms of
access matters, it was noted that the site of the application and the road in
front of the site were clear of any C2 flooding concerns. It was confirmed, as
requested, that emergency services were consulted and in response to the Committee's
concerns, a detailed e-mail had been sent to the emergency services (rather
than a standard enquiry) to explain and express the Committee's concerns. It
was reported that a response had been received from the Fire Service stating
that it was satisfied with the situation. It was noted that the Flooding Unit had confirmed that when parts of the road serving the application site was subject to tidal floods, that the water tended to be very shallow and that the road was accessible on foot and by car if care was taken. It was explained that the road was occasionally closed to ensure safety and also to clear seaweed, gravel etc. from the road, and for a short time the road would be closed if necessary. It was noted that, should an exceptional incident occur when the road flooded, the hotel and the people inside would be safe and that there would be no risk to the site or the building and that the only thing that could be prevented was access along the road. It was elaborated that flooding of this type was quite easily predicted and timed, and therefore, it was possible to forewarn staff and guests. It was considered that the situation could be ... view the full minutes text for item 6.1 |
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Application No. C18/0993/26/LL - Land by Hen Gapel, Ffordd Waunfawr, Caeathro, Caernarfon PDF 133 KB Vary condition 1 on planning permission C09A/0412/26/LL so as to extend the time granted to commence work for another 5 years. LOCAL MEMBER: Councillor Edgar
Wyn Owen Link to relevant background documents Additional documents: Minutes: Application to change
condition 1 of planning permission C09A/0412/26/LL in order to extend the time
granted to commence work for a further five years (a) It was reported that late
observations had been received from the Language Unit, the Committee was asked
to defer the application until the meeting of 20 May 2019 in order to give
planning officers time to consider the observations and deal with them. RESOLVED to defer the
application. |
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Application No. C19/0014/19/LL - Land at Lôn Cefnwerthyd, Bontnewydd, Caernarfon PDF 189 KB Full application for the provision of 29 residential units with associated landscaping, parking, the creation of a new entrance and an area of public open space. LOCAL MEMBER: Councillor Peter Garlick Additional documents: Minutes: Full application to erect
29 residential units together with landscaping, car parking, create a new
access and open public area. (a) The Planning Manager
elaborated on the background to the application and noted that the site was
located within the Bontnewydd development boundary
and had been specifically designated for housing. Some members had visited the
site before the meeting in order to see the site and its surroundings. It was explained that
there was extant planning for 26 houses on the site. Attention was drawn to the
fact that the report had been prepared before the Supplementary Planning
Guidance relating to Affordable Housing had been adopted on 15 April 2019. It
was noted that the development was acceptable in principle as the site had been
designated specifically for residential development in the Local Development
Plan. It was noted that the most marked change from what had previously been
approved, was that the entrance had been relocated from the narrow road that
ran up the side of the site; consequently the setting of the houses had been
changed within the site. Nevertheless, similarities between the two plans
remained. It was recognised that
there had been a change to what had previously been approved but that it was
necessary to consider how great the detrimental impact on local and adjacent
properties would be. Reference was made to plots 14 to 17 located on the
uppermost part of the site. It was noted that full assessments of plots 15 to
17 had concluded that they could be acceptable based on the impact on nearby
property, specifically in relation to location and distance from the boundary
with the existing nearby property. It was noted that a specific assessment had
been made as to whether unacceptable overlooking was likely to result from
locating the four houses on this part of the site. It was explained that focus
was placed on plot 14 because of the concern of looking into a private area of
the adjacent house. It was noted that the developer had changed the original
location of the house in question and had moved it forward so that it was 12.5
metres away from the boundary, and had also installed an unconventionally
shaped window in order to avoid overlooking, and had moved other windows. Attention was drawn to
additional comments received that included the response of the owner of the
adjacent property (Tywyn) to the amendments. It was noted that the
officers believed the amendments made the situation acceptable and that there
would not be any unacceptable overlooking, and any overlooking would be across
the lower part of the garden and, therefore, not over any private areas. It was highlighted that the nearby property-owner had expressed concern about the two houses in the centre and the first floor windows of the houses and the impact along the side of his house where the study window and side window of the living room were. They were not considered to be main rooms and ... view the full minutes text for item 6.3 |
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Application No. C19/0009/11/LL - 358-360, Stryd Fawr, Bangor PDF 127 KB Change of use of existing building from a night club into 3 retail units together with 8 self-contained flats and installation of new openings (amended application to that approved reference number C18/0116/11/LL). LOCAL MEMBER: Councillor Steve
Collings Additional documents: Minutes: Change of use of the
current building from a nightclub into 3 retail units, along with 8
self-contained flats and installation of new openings (amended application to
that approved under ref. C18/0116/11/LL). (a)
The Senior Development Control Officer
elaborated on the background of the application, and noted that this was an
application to change the use of the current building from a nightclub to three
retail units on the ground floor, along with three self-contained units to the
rear, four self-contained units on the first floor and one self-contained unit
on the second floor. It was noted that the site was within
the development boundary of Bangor sub-regional centre. It was explained that
Policy TAI 9 in the Local Development Plan permitted the sub-division of
existing properties to self-contained flats provided they conformed to the
relevant criteria, and it was confirmed that it was in accordance with the
criteria. Attention was drawn to Policy PCYFF2 of
the Local Development Plan which stated that proposals should be refused if
they have a significant detrimental impact on the health, safety or amenities
of the occupants of local property, land uses or other property due to an
increase in activities, disturbance, noise etc. In relation to noise
disturbance, it was considered that a residential and commercial use (shops)
would have a lesser impact on the residential and general amenities of nearby
residents than the property's legal use as a night club. It was noted that Policy TAI15 of the
LDP seeks to ensure an appropriate provision of affordable housing in the Plan
area and the threshold for affordable housing in Bangor was 20%. It was
reported that the Housing Strategic Unit had responded to the additional
information received from the applicant in relation to the rental prices and
sale prices of the proposed flats, which stated that despite the fact that the
rental levels for the flats was slightly higher than the lowest rate, this did
not cause concern as the flats would continue to be within the reach of a vast
majority of the local population. In relation to the sale of the units,
and when comparing prices for similar flats in Bangor that had been sold
recently, the prices presented by the applicant were much lower and it was
assumed that these low prices were likely to reflect the potential size,
location, quality and ownership features of the flats themselves. Consequently,
it was noted that there was no justification to restrict two of the flats as
affordable housing through a 106 agreement or to request a financial
contribution as part of this application. The development was acceptable in terms
of relevant local and national policies for the reasons noted in the report. (b) It was proposed and seconded to approve the application. During the ensuing discussion, the following
main observations were noted by members: · It appeared that applicants stated that units would be affordable in any case, in ... view the full minutes text for item 6.4 |
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Application No. C19/0169/19/AM - Gypsy Wood, Bontnewydd, Caernarfon PDF 105 KB Outline application for the erection of a rural enterprise dwelling. LOCAL MEMBER: Councillor Peter Garlick Additional documents: Minutes: Outline application for the
erection of a rural enterprise dwelling. (a)
The
Senior Development Control Officer elaborated on the background of the
application and noted that the Gypsy Wood site operated as a family park
attraction. It was explained that the Gypsy Wood site was located approximately
250m from the development boundary of the village of Bontnewydd
and that in terms of the Local Development Plan, it was located in open
countryside. As a result of the need to maintain and protect the countryside,
special justification was needed to approve the construction of new houses in
the countryside. It was noted that Policy PS17 of the LDP stated that only
housing developments that complied with Planning Policy Wales and Technical
Advice Note (TAN) 6: Planning for Sustainable Rural Communities, would be
approved in open countryside. Attention was drawn to paragraph 4.3.1
TAN6 which noted that one of the few circumstances in which new isolated
residential development in the open countryside may be justified was when
accommodation was required to enable rural enterprise workers to live at, or
close to, their place of work. It was
further explained that this essential need for accommodation would depend on
the needs of the rural enterprise concerned and not on the personal preference
or circumstances of the applicant. It was added that applications for planning
permission for new rural enterprise dwellings should be carefully assessed to
ensure that a departure from the usual policy of restricting development in the
open countryside could be fully justified. It was explained, from the information
submitted with the application, that the applicant had undertaken a 50%
partnership with Mr and Mrs Evans, the landowners. It was noted that as Mr and
Mrs Evans still owned 50% of the business; owned the land where the business
was located and lived on the site; it was considered that any functional need,
namely the need for a full-time worker to exist on the site at all times to
deal with unexpected situations, had been met with the current property on the
site. Attention was drawn to the fact that the TAN did not permit a second home
on a rural enterprise site and therefore it was considered that the functional
requirements of the rural enterprise had been met in full with the current
provision. It was recommended that the Committee
should refuse the application as the application site was located in open
countryside from a planning policy perspective, and that any functional need
that existed with the business on the site was already met, and that
constructing an additional dwelling on this site would therefore be contrary to
the requirements of policies PCYFF 1 and PS17 of the Local Development Plan. It was reported that a last-minute letter had been received from the landowner's solicitor, noting that the landowners intended to agree a lease for the whole site with the applicant. It was noted that it was not considered that there was any point in deferring the application, as such an ... view the full minutes text for item 6.5 |
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Application No. C19/0224/11/LL - 23, Belmont Road, Bangor PDF 102 KB Retrospective application for the demolition of sub-standard kitchen and conservatory at the rear of the property and construction of a single storey rear extension. LOCAL MEMBER: Councillor Elin
Walker Jones Additional documents: Minutes: Retrospective application
for the demolition of substandard kitchen and conservatory at the rear of the
property and construction of a single storey rear extension (a) The Planning Manager
elaborated on the background of the application, and noted that the application
had been submitted following action from the Enforcement Unit as a result of a
complaint about the development. It was explained that the application had been
submitted to Committee as the applicant was related to a Local Member. It was noted that it was
considered that the size and location of the extension were acceptable in
principle. It was reported that the residents of No. 25 had objected to the
application due to concerns in relation to loss of light and overlooking
affecting their property due to the extension's side window. It was explained that the
concerns about the side window had been discussed with the applicant prior to
the submission of the application, and subsequently. It was noted that although
the applicant had proposed a solution, namely to install opaque glass and a
permanent blind, officials were of the view that it would not be a satisfactory
solution as the perception of overlooking would remain. It was not considered
that it would be appropriate to impose a planning condition to insist that the
window was covered by opaque glass and a blind, as it was unlikely to be
enforceable. It was reported that the
applicant had been requested on a number of occasions to block the window
permanently, but was unwilling to do this and therefore it would be
inappropriate to impose a condition to this end. It was recommended that the
only way to resolve the situation was to refuse the application due to the detrimental
impact of the window on the privacy of the adjacent house. (b) Taking advantage of the
right to speak, the applicant’s representative noted the following main
points:- ·
The
objector did not live in the property and rented out the house; ·
The
extension enabled his mother, who was disabled, to live at home; ·
His
mother had received advice from a builder that there was no need for planning
permission and that the window on the side of the extension was acceptable; ·
His
mother had received a letter from the Enforcement Unit noting that the window
must be removed, and that planning permission was required. His mother was
worried about the situation and that it was affecting her health; ·
The
applicant was willing to install opaque glass and a permanent blind on the
window, and to re-install the original fence; ·
It
was hoped that the matter could be concluded as soon as possible. (c) The local member (a member
of this Planning Committee) made the following main points:- ·
It
would be a pity to refuse the application because of the applicant's situation; ·
The
officers' concerns were understandable, and it would not be possible for the
adjacent property to construct an extension because of the location of the
window; · The applicant should be required to ... view the full minutes text for item 6.6 |