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Agenda, decisions and minutes

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Contact: Lowri Haf Evans  01286 679 878

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Items
No. Item

1.

APOLOGIES

To accept any apologies for absence.

Additional documents:

Minutes:

None to note

 

2.

DECLARATION OF PERSONAL INTEREST AND PROTOCOL MATTERS

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

Additional documents:

Minutes:

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

 

·         Councillor Paul Rowlinson (not a member of this Planning Committee) in relation to item 5.1 on the agenda (C20/0805/13/LL)

·         Councillor Dewi Roberts (not a member of this Planning Committee), in relation to items 5.2 and 5.9 on the agenda, (C21/0367/39/DT) and (C21/0277/39/DT)

·         Councillor Elfed Williams (not a member of this Planning Committee), in relation to item 5.3 on the agenda (C20/0485/18/AC)

·         Councillor Owain Williams, (a member of this Planning Committee), in relation to items 5.5 and 5.6 on the agenda, (C21/0495) and (C21/0376/34/LL)

·         Councillor Angela Russell, (not a member of this Planning Committee), in relation to item 5.7 on the agenda, (C21/0337/38/DT)

·         Councillor Judith Humphreys (not a member of this Planning Committee), in relation to item 5.8 on the agenda, (C19/1089/22/LL)

·         Councillor Menna Baines (not a member of this Planning Committee) in relation to item 5.10 on the agenda (C20/1056/25/LL)

 

3.

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

 

4.

MINUTES pdf icon PDF 310 KB

The Chairman shall propose that the minutes of the previous meeting of this committee, held on, 12th July 2021, be signed as a true record.

Additional documents:

Minutes:

The Chair accepted the minutes of the previous meeting of this committee, held on 12 July 2021, as a true record.

 

5.

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.

 

6.

Application No C20/0805/13/LL Land near Gwernydd, Bethesda, LL57 3TY pdf icon PDF 297 KB

Creation of a car park for 30 vehicles, create a new vehicular access, footpaths together with the installation of 2 charging points for electric cars and a pay and display machine 

 

LOCAL MEMBER: Councillor Paul Rowlinson

 

Link to relevant background documents

Additional documents:

Decision:

To delegate powers to the Assistant Head of the Environment Department to approve the application, subject to the following conditions:

1.    5 years

2.    In compliance with plans

3.    Provide a CEMP

4.    Provide a Landscaping Plan

5.    Provide a Construction Traffic Plan

6.    Archaeological matters

7.    Conform to the Initial Environmental Assessment requirements and suggestions

8.    No lighting except for what has been agreed

9.    Boundary treatment to be completed prior to using the parking bays

 

Notes

·         Ordinary Watercourse Consent

·         SUDS

·         Welsh Water

 

Minutes:

Creation of a car park for 30 vehicles, create a new vehicular access, footpaths together with the installation of 2 charging points for electric cars and a pay and display machine 

 

a)      The Planning Manager elaborated on the background of the application, noting that the site was located opposite the development boundary of the Bethesda local service centre. It was noted that there was no specific policy within the LDP that referred particularly to the provision of new car parks, however, it was considered that policies PCYFF 2, PCYFF3, TRA 2 and TRA 4 were relevant in this case.

 

It was explained that the proposal's purpose was to provide vehicular parking bays for the communities of Gerlan and Gwernydd. It was reported, due to the built nature and narrow streets in this residential area, there was a serious lack of parking places (private and public) off the public roads network.  It was not considered that this proposal was likely to promote or lead to an increase in use of private vehicles but would rather mitigate the existing parking issues in the community.

 

It was noted that the Transportation Unit had confirmed that the proposal conformed to the parking standards and the proposed access would not have a detrimental impact on road safety.  It was considered that the location, size and setting of the extension was logical and acceptable based on principle, design, scale, materials, local building forms, highway matters and residential amenities. Therefore the proposal complied with the relevant local and national policies and guidance.

 

b)    Taking advantage of the right to speak, the Local Member made the following points:

·         He supported the application

·         There was a real need for additional parking sites in the area - the streets were narrow and the lack of parking space was a matter of concern to many

·         Buses had difficulties 

·         He thanked the Community Council (the applicant) for submitting the application

·         That many had highlighted concerns regarding visitors to the Carneddau parking in the area - this happened anyway

·         Creating a parking site would not add to flooding concerns 

·         The traditional stone wall would be demolished and re-used

·         Hedges would be planted for wildlife 

·         He welcomed the installation of electric vehicle charging points - this was a step in the right direction

·         There was a need to ensure that the site was well-managed

 

ch)  It was proposed and seconded to approve the application

 

c)   During the ensuing discussion, the following observations were made by members:

·         That parking was evidently a problem in the area

·         Concern that residents would have to pay for parking, however, this was probably a matter for the Community Council to discuss and control 

·         There was a suggestion that a feasibility assessment needed to be undertaken - would local residents be willing to pay or continue to park on the road? If not enough would pay for the parking  ...  view the full minutes text for item 6.

7.

Application No C21/0367/39/DT Sandpiper, Lôn Rhoslyn, Abersoch, Pwllheli, Gwynedd, LL53 7BD pdf icon PDF 234 KB

Extensions and alterations

 

LOCAL MEMBER: Councillor Dewi W Roberts

 

Link to relevant background documents

Additional documents:

Decision:

To refuse the application

 

Reasons:

Over-development and detrimental effect on adjacent property.

 

Minutes:

Extensions and adaptations

The application was submitted to the Committee at the Local Member’s request

a)    The Development Control Manager elaborated on the background of the application and noted that the work included:

·         Erecting a two-storey side extension on the site of an existing single-storey garage - this would extend to the east (side) for the same distance as the existing garage but it would extend 1.4m in front of the existing house and 1.8m to the rear and of the same height as the roof of the existing house. A garage, utility room and bathroom would be located on the ground floor, and a bedroom and bathroom on the first floor. There would be new gable ends to the front and rear of the house, and a Juliette balcony on the first floor to the rear.

·         Erection of a two-storey rear extension on the western end of the property, with a garden room on the ground floor and a bedroom on the first floor. The extension would extend 3.7m to the rear and it would create a new rear-facing gable end.

·         The two-storey extensions would have slate pitch roofs and the new pitch roof on the front and rear would be lower than the roof level of the main house.

·         It was also intended to erect a new porch to the front, and a mono-pitch slate roof across the porch with another existing single-storey extension.

 

Attention was drawn to the objections received that suggested that the design was not in keeping with the street and was an over-development that would cast a shadow onto neighbours' premises. Reference was made to Policy PCYFF 3 of the LDP that dealt with the location, design and visual impact and stated that all proposals should exhibit a high-quality design that gave full consideration to the context of the built environment. It was considered that the proposal met with the requirements of policy PCYFF 3 of the LDP and the reasons were listed in the report.

 

In the context of over-looking and shadowing neighbours' premises, the urban nature of the site and the inter-visibility that already existed between the houses and gardens in the locality were considered.  It was not considered that the extensions would lead to added significant harm to neighbours' privacy and there would be no additional significant harm to neighbours' amenities, or those of the area in general, deriving from the development.  It was considered that the proposal was acceptable under policy PCYFF 2 of the LDP.

 

b)    Taking advantage of the right to speak, the applicant noted the following points:

·         Sandpiper was built in 1967 as holiday accommodation for his Grandfather.

·         The property was in a dire state - no recent investment 

·         There were two bedrooms upstairs and one bedroom downstairs with a bathroom; the house was heated by storage heaters but without insulation - this was unsuitable for the environment. There was a need to completely upgrade electricity and water systems as they were dangerous and unsuitable

·         It was  ...  view the full minutes text for item 7.

8.

Application No C20/0485/18/AC Victoria Terrace, High Street, Deiniolen, Gwynedd LL55 3LT pdf icon PDF 357 KB

Vary condition 2 of planning permission C17/0438/18/LL for a residential development in order to extend the period by three years to enable the submission of a reserved matters application

 

LOCAL MEMBER: Councillor Elfed Williams

 

Link to relevant background documents

Additional documents:

Decision:

To delegate powers to the Assistant Head of the Environment Department to approve the application, subject to the following conditions:

1.    Commencement of the work

2.    Submitting reserved matters.

3.    Materials and finishes (including natural slate for the roofs).

4.    Access and parking

5.    Landscaping.

6.    Removal of permitted development rights for the affordable houses.

7.    Welsh Water conditions relating to safeguarding the sewers.

8.    Conditions of Natural Resources Wales regarding land and surface water drainage.

9.    Update the conditions regarding mitigation measures of the ecological assessment.

10.  Agree on details regarding Welsh names for the development together with advertising signage informing and promoting the development

 

Note: Need to submit a sustainable drainage system application to be agreed with the Council.

 

Minutes:

Varying condition 2 of planning permission number C17/0438/18/LL for a residential development in order to extend the period of three years to enable the submission of a reserved matters application

 

            Attention was drawn to the late observations form that noted that the application area had now had a statutory designation by UNESCO as the Slate Landscape of North West Wales World Heritage Site. Despite the designation it was not considered that the proposal, if approved, would undermine the designation by considering the observations of CADW.

 

a)    The Senior Development Control Officer highlighted that this was a full application to vary condition 2 of outline planning permission number C17/0483/18/LL to extend the time permitted to submit a reserved matters application. As previously, it was explained that the details related to scale, appearance, landscaping and access to the site had been reserved for future consideration through the submission of an application for reserved matters. It was noted that the proposal continued to entail developing the site for 27 houses (including five affordable dwellings for general local need), the creation of a new access and provision of an amenity space. It was added that the original application (C09A/0396/18/AM) was subject to a legal agreement under Section 106 in order to provide an element of affordable housing and the legal agreement that was originally signed by the applicant remained valid.

 

It was reported that the principle of developing the site for residential development had already been accepted be that in 2014 and 2017, however, there was a need to consider if planning circumstances or the situation had changed since the previous applications were approved. In light of local policies, the Local Planning Authority determined the outline application based on the policies of the Gwynedd Unitary Development Plan and the application for a three-year extension was determined partly based on the Gwynedd Unitary Development Plan and partly on the Anglesey and Gwynedd Local Development Plan - Composite Version. By now, the LDP was the adopted local planning policy document and reference was made in the report to the relevant policies.

 

It was noted that the indicative supply level for Deiniolen over the Plan's period was 45 units and the indicative supply was expected to be met through the T65 housing designated site and through windfall sites - as a result it was possible to support the proposal under Policy TAI3. Five affordable houses would be included in the proposal that equated to 18% of the development. To this end, the proposal continued to meet the affordable housing threshold identified within Policy TAI15.

 

The proposal provided a broad variety of housing to address the need for such housing in Deiniolen in line with the Gwynedd Housing Needs Assessment, and the assessment for Deiniolen village which indicated the need for two and three-bedroom affordable housing and two, three and four bedroom open market housing.

 

Having considered all the relevant matters including the objections, it was not considered that the proposal of extending the time given under  ...  view the full minutes text for item 8.

9.

Application No C21/0546/00/LL Richmond House High Street, Barmouth, Gwynedd, LL42 1DW pdf icon PDF 313 KB

Conversion of lower ground and ground floor of building into a farm shop including a wooden advertising box on the forecourt.

 

LOCAL MEMEBR: Councillor Gethin Glyn Williams

 

Link to relevant background documents

Additional documents:

Decision:

To approve with conditions

1.    Commence within five years.

2.    In accordance with plans.

3.    Welsh and / or bilingual signs.

Minutes:

Conversion of lower ground and ground floor of the building into a farm shop including a wooden advertising box on the forecourt.

 

            Attention was drawn to the late observations form.

 

a)    The Planning Manager highlighted that the application involved converting part of the lower floor and ground floor of the building from residential use to a farm shop. The lower floor would comprise two storage areas for the shop, a food preparation room and toilet and the farm shop would be located on the ground floor. The remainder of the building would continue with its residential use. The existing window on the north-eastern elevation would be replaced with wooden double doors and a new shop front.  As part of the development, it was also intended to install a wooden advertisement box in the property's forecourt. It was noted that the site was situated within the development boundary and within the town centre designation. 

 

The application was submitted to the Committee as the applicant was a Gwynedd Councillor / Local Member

 

In accordance with Policy PS 15 and MAN 1 town centres are protected for uses that are associated with town centres such as retail, commercial, leisure uses provided that the scale and type of development was appropriate to the size, character and function of the centre and provided the proposal complied with the criteria listed in the Policy.  It was considered that the principle of the proposal was acceptable in terms of Policy PS 15 and MAN 1 of the LDP in terms of promoting the vitality and viability of town centres and the adaptations complied with the requirements of the relevant policies. 

 

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

 

RESOLVED:  To approve with conditions

 

1.         Commencement within five years.

2.         In accordance with plans.

3.         Welsh and / or bilingual signs.

 

 

 

10.

Application No C21/0495/34/LL Penlon, Clynnog Fawr, Caernarfon, Gwynedd, LL54 5PE pdf icon PDF 258 KB

Construction of a new house

LOCAL MEMBER: Councillor Owain Williams

Link to relevant background documents

 

Additional documents:

Decision:

To defer in order to hold further discussions with the agent to discuss the way forward, e.g. is there an intention to amend the plans?

 

Minutes:

Construction of a new house

 

a)    The Development Control Team Leader highlighted that there was a request from the agent for the Committee to defer the application in order for them to have an opportunity to respond to matters included in the report. 

 

b)    It was proposed and seconded to defer the application

 

RESOLVED: To defer in order to hold further discussions with the agent to discuss the way forward, e.g. is there an intention to amend the plans?

 

11.

Application No C21/0376/34/LL Land near Plas Beuno, Clynnog Fawr, Clynnog LL54 5BT pdf icon PDF 347 KB

Application for the erection of a two-storey dwelling with garage

 

LOCAL MEMBER: Councillor Owain Williams

 

Link to relevant background documents

Additional documents:

Decision:

To refuse

 

1.    The proposed house is contrary to criterion 13 of policy PS5, criterion 1 of policy PCYFF 2 and criterion 1 and 10 of policy PCYFF 3 of the Anglesey and Gwynedd Joint Local Development Plan 2017 because of the size and scale and design of the new dwelling specifically its height, bulk, land and ground levels which means that the proposal is not in keeping with the area's building pattern.

 

2.    The proposed house is contrary to criterion 13 of policy PS5, criterion 7 of policy PCYFF2 and criterion 10 of policy PCYFF 3 of the Anglesey and Gwynedd Joint Local Development Plan 2017 due to the size and scale and design of the new dwelling specifically its height, bulk, land and ground levels and the location of the windows on the northern elevation which means that the proposal causes a significantly detrimental impact on the amenities and privacy of the residents of the property situated in adjacent to the site. 

 

Minutes:

Application for the erection of a two-storey house with garage

 

a)    The Development Control Officer highlighted that the application site was within the development boundary of the village of Clynnog Fawr on an empty plot of land located parallel to a standard vehicular access leading to existing residential dwellings to the rear and side of this proposed development.

It was explained that a previous application for this proposal was refused under C20/1049/34/LL due to its size, scale and design and its impact on nearby properties.  It was acknowledged that this proposal was approximately 0.5m lower than the plan refused under the previous application, and the application's agent had provided additional plans that included the streetscape and a plan of the existing levels.

 

The application was submitted to the Committee at the Local Member’s request

 

The application had been deferred in the Committee on 12.07.2021 in order to correct the site address and re-consult to ensure that consultees and neighbours were aware of the application site.

 

In considering the general, visual and residential amenities, it was noted that the site was located in a fairly prominent location, adjacent to the main road in and out of the village and was surrounded by buildings of various sizes, design and elevations.

 

Officers had not been convinced in this case that this was the right building size and design for the site. It was considered that there was a need to consider its location and land levels better to enable the development to contribute to the area's character and enable it to integrate more and in an acceptable way with the pattern and character of the local area. It was not considered that the design conveyed this and, as such, the development could not be supported in the form it was submitted. It was considered that the proposal was contrary to the requirements of policies PCYFF 2, 3 and 4 and PS5 of the LDP.

 

It was noted that the proposal avoided the inclusion of windows (on the northern elevation) in number and form that would affect the residents of neighbouring properties. Nevertheless, the plan indicated that some of the windows would be opaque, however, it was considered that this would have a worse impact than what was approved in the past and would give the feeling of overlooking (due to their number and height) from the perspective of the properties next door.

 

Also, it was reported that the site was considerably higher than the neighbouring property, and the proposal to erect a full two-storey property on this level of land would create an incompatible feature in the area as well as cause a markedly oppressive effect on the neighbouring property. It was added that the land level would also increase overlooking into the back garden of the neighbouring property - although the garden was currently  ...  view the full minutes text for item 11.

12.

Application No C21/0337/38/DT Derwen Deg, Llanbedrog, Pwllheli, Gwynedd, LL53 7UA pdf icon PDF 240 KB

To demolish a single-storey garage. Erect a double garage with annexe above, for the personal use of the Applicant and family and friends occasionally.

 

LOCAL MEMBER: Councillor Angela Russell

 

Link to relevant background documents

Additional documents:

Decision:

To refuse

 

Reasons:

 

Over-development and harmful visual impact

 

Minutes:

Demolition of a single-storey garage. Erect a double garage with annexe above, for the personal use of the applicant and family and friends occasionally.

 

            Attention was drawn to the late observations form.

 

a)    The Planning Manager highlighted that the application was to demolish an existing outbuilding and erect a two-storey building in its place with a double garage on the lower floor and a residential annexe ancillary to the main house.  The site was located within the garden of Derwen Deg, a detached property within the Llanbedrog development boundary

 

The application had been submitted to the Committee at the Local Member’s request.

 

It was reported that a number of objections had been received including one from the Community Council stating concern that the proposal was an over development, that the site was unsuitable and first floor windows would overlook a private property and would create a detrimental impact on nearby neighbours

 

It was noted that on the whole the principle was acceptable, although the proposal was substantially larger than what already existed on the site. However, it was considered that the proposal was in keeping with the urban area that had a scattered nature and respected the context of the site.   It was added that the design was acceptable and was not detrimental to the area's character and did not have a significant impact on neighbours - a condition could be imposed to ensure that the windows that overlook had permanent opaque glass and the proposed materials could be controlled via an appropriate planning condition. 

 

The proposal would be used as a garage and residential annexe and the use could be controlled by imposing a condition to ensure that it was only used as ancillary use to the main house and not for any other use.  Additional planing permission would be required for any material change of use of the annexe. 

 

It was considered that the proposal was acceptable in terms of visual amenities,  the effect on the AONB and general amenities.

 

b)    Taking advantage of the right to speak, the Local Member made the following points:

·         A number of concerns had been highlighted by local residents

·         The property was located at the base of Mynydd Tir y Cwmwd 

·         The sewerage system at the location was unsuitable

·         The annexe was far from the house - there was potential for the unit to be self-contained in the future

·         It set a dangerous precedent of creating a second house in the garden

·         An extension would be best if they required an additional bedroom

·         Issues regarding crossing the road were a cause of concern - the road was unsuitable for the houses

·         That the Community Council objected to the application

·         The proposal was an over development

 

c)    It was proposed to refuse the application, contrary to the recommendation for the following reasons:

·         The proposal was an over development of the site 

 

d)    During the ensuing discussion, the following observations were made by  ...  view the full minutes text for item 12.

13.

Application No C19/1089/22/LL Treddafydd Stryd Fawr, Penygroes, Gwynedd, LL54 6PW pdf icon PDF 296 KB

Full application to construct 12 dwelling houses with an access, parking and associated infrastructure.

 

LOCAL MEMBER: Councillor Judith Humphreys

 

Link to relevant background documents

 

Additional documents:

Decision:

To delegate the right for the Assistant Head of Department to approve the application, subject to reaching an agreement on the level of the financial contribution towards education and to complete a 106 Agreement to secure a financial contribution towards play areas and education and a condition to provide two affordable homes and the following conditions:

 

1.    Five years.

2.    In accordance with the documents/plans submitted with the application.

3.    Natural slate.

4.    Samples of materials and colours for the houses to be agreed with the LPA.

5.    Highways Conditions.

6.    Soft and hard landscaping.

7.    Biodiversity conditions

8.    Agree on details regarding Welsh names for the development together with advertising signage informing of and promoting the development within and outside the site.

9.    Removal of general development rights.

10.  Submit a Construction Method Statement including parking provision for the builders' vehicles, working hours, deliveries, etc.

11.  Submit outdoor lighting details to be agreed with the LPA before they are installed.

12.  Safeguard the open space for the future

13.  Provision of bin sites

14.  Contaminated land matters

15.  Drainage / Welsh Water conditions

 

Note: Inform the applicant of the need to submit a sustainable drainage strategy plan for approval by the Council's Water and Environment Unit.

Note: Inform the applicant of the response of Welsh Water and Natural Resources Wales.

Note: Various Highways notes

 

 

Minutes:

Full application to construct 12 dwelling houses with an access, parking and associated infrastructure

 

a)            The Planning Manager highlighted that the application was a full application to;

·         Provide 12 two-storey houses in the form of detached houses, semi-detached houses and terraced houses, including 8 three-bedroom houses and 4 two-bedroom houses. 

·         Creation of infrastructure to include estate roads and associated footpaths, fences/railings and stone walls.

·         Provision of parking spaces for each house, bin storage area and creation of individual gardens to the side and rear of the houses.

·         Provision of amenity spaces within the site along with an area to collect water.

·         The application was amended since its original submission following observations by the Transportation Unit and the Municipal Unit regarding access matters and the location of the bin collection location.

 

It was explained that the application site was currently empty but in the past it was a busy commercial site as a goods sales warehouse and previously it was a site with a mechanic garage and filling station. It was noted that the site, located within the Penygroes development boundary, was fairly flat and surrounded by residential housing.  

 

Members were reminded that a full application was approved recently in Penygroes to provide 24 residential units, with each of them being affordable houses. It was explained that this site had been included and designated specifically for a residential development and was not a windfall site as in this case. It is not believed that the consent and the associated numbers changed the situation in terms of the numbers of houses identified for Penygroes and it did not affect the threshold identified for the village. Policy TAI 15 of the LDP states that Councils will attempt to ensure an appropriate level of affordable houses in the Plan's area. In Penygroes, two or more housing units were the threshold, whilst noting that 20% of the units should be affordable. As the proposed development proposed 12 units, this corresponded with the threshold noted in Policy TAI 15 to make a contribution to affordable housing.

 

In the context of educational matters and in accordance with the requirements of the SPG, consideration should be given to the situation in the school that served the catchment area where the development was located. In response to the statutory consultation the Education Department's Information officer stated that Ysgol Gynradd Bro Lleu was over its capacity. As per usual and in accordance with the requirements of the relevant formula in the SPG, there was justification here to ask for a contribution of £50,480 to meet the lack of capacity in the primary school.

 

It was added, in accordance with ISA 5 of the LDP, that proposals for 10 or more dwellings, in areas where existing open space cannot meet the needs of the proposed housing development, would be expected to provide suitable provision of open spaces in accordance with the Field in Trust (FIT) benchmark standards.  Although the proposal included open spaces, they did not meet the need for spaces  ...  view the full minutes text for item 13.

14.

Application No C21/0277/39/DT Ty Coed, Lôn Gwydryn, Abersoch, Pwllheli,Gwynedd, LL53 7EA pdf icon PDF 325 KB

First-floor extension above the existing garage together with a first-floor extension to create a veranda

 

LOCAL MEMBER: Councillor Dewi W Roberts

 

Link to relevant background documents

Additional documents:

Decision:

To refuse

Reasons: Over-development, harmful visual impact and harmful impact on the privacy of neighbouring houses

 

Minutes:

First-floor extension above the existing garage together with a first-floor extension to create a veranda

a)      The Development Control Officer highlighted that the application was for an extension and changes to an existing residential property. The changes would include:

·         First floor extension above the existing garage - the final extension would be 7.6m high, 0.7m lower than the roof of the house itself. There would be a slate hip roof with a 'Juliette' balcony on the front of the first floor.  

·         Erecting a balcony along the first floor of the existing premises (that would act as a ground floor verandah) - there will be a privacy screen on both ends of the balcony

·         Erection of a rear one-storey extension with a slate hip-roof

The application was submitted to the committee at the Local Member’s request.

It was reported that Policy PCYFF 2 of the LDP encourages the refusal of proposals that will have a significantly harmful impact on the amenities of local property occupiers. Concern was expressed by a neighbour that creating a balcony on the front of the property would enable overlooking that would be detrimental to their privacy and as a result of those observations the plans had been amended to include privacy screen on the sides of the front balcony. Although it was possible to see a little of the neighbours' front gardens from the balcony as re-designed, the front of the houses on Lôn Gwydryn were already open to the street and were visible from public spaces. It was not considered that the balcony would add significantly to the harm to the privacy of the property that faced the street.

Having assessed the application against the relevant policy requirements, it was considered that the proposal was acceptable in terms of visual amenities, the effect on the AONB and general amenities.

b)    Taking advantage of the right to speak, the applicant noted the following points:

·         That the Officer's report, that supported the proposed development, addressed all the concerns that had been noted in the responses. 

·         That pre-planning application discussions had been held with the planning officers and the observations had been fully incorporated in the final design.

·         There were some objections from local residents that included matters that were not based on planning matters and were therefore irrelevant 

·         That concerns raised in relation to noise and possible disruption from the proposed balcony were assumptions that more people would reside in the house - this was not correct as the number of rooms would not change.  The response to concerns regarding the increase in traffic was the same

·         That the objections to a great extent noted that the development was oppressive and nearby property would lose privacy

·         Careful consideration was given to the design of the additions using the current footprint to improve the premises. Although it was accepted that the proposal gave the impression  ...  view the full minutes text for item 14.

15.

Application No C20/1056/25/LL Ty Menai, Ffordd Penlan, Parc Menai, Bangor, Gwynedd, LL57 4HJ pdf icon PDF 341 KB

Change of use of building from Use Class B1 (offices) to Use Class D1 (non-residential establishments) together with changes to the external elevations of the building, creating an access road, bus parking and footpaths

 

LOCAL MEMBER: Councillor Menna Baines

 

Link to relevant background documents

Additional documents:

Decision:

Recommend that the appeal is refused on the following basis:

 

1.    The proposal is contrary to the requirements of Policy ISA3 of the Gwynedd and Anglesey Joint Local Development Plan (2017) which states that the sequential test should be adopted when determining the location of proposals for further and higher education with priority given firstly to existing further or higher education sites or, secondly, on sites which have a close association with an existing campus. On this basis, it is considered that the proposal does not comply with criteria 1 and 2 of Policy ISA3 of the LDP or with national policies based on the requirements of 'Future Wales: The National Plan 2040 (2021)' and 'Building Better Places: The Planning System Delivering Resilient and Brighter Futures' (July 2020).

 

2.    The proposal is contrary to the requirements of Policy PS13 and CYF1 of the Anglesey and Gwynedd Joint Local Development Plan (2017) which states that land and units on existing employment sites (Parc Menai is listed in the Policy) are safeguarded for employment/business enterprises.

 

3.    The proposal is contrary to the requirements of Policy PCYF 5 of the Gwynedd and Anglesey Joint Local Development Plan 2017 and Supplementary Planning Guidance: Change of Use of Community Facilities and Services, Employment Sites and Retail Units (2021), which states that proposals to release land on existing employment sites that are protected for Use Class B1, B2 or B8 in accordance with Policy PCYF1 for alternative use will only be approved in exceptional circumstances. Based on the information submitted with the application (and the separate reason for refusal, based on Policy ISA 3), the Local Planning Authority does not consider that exceptional circumstances have been proven. Furthermore, and without robust marketing activity and robust evidence regarding why buildings cannot be adapted to overcome the matters identified, there is no evidence that the site is unlikely to be used in the short or long term for the original use or safeguarding use, and that there is no viable business or industrial use for the site. In addition, there is no over-provision of employment sites within the vicinity; educational use would have a detrimental impact on employment use in nearby sites and the Local Planning Authority is not convinced that other suitable alternative sites exist for the proposed purpose.

 

4.    The proposal is contrary to the requirements of Policy PCYFF2 of the LDP, which states that proposals will be refused if: (i) they have a significant detrimental impact on health, safety or amenities of the owners of local property, land uses or other property or the features of the local area due to an increase in activities, noise disturbance, litter or other forms of pollution or disturbance and (ii) land that has been designated for other developments.  It is anticipated that the nature of the use of the further and higher education facility would increase the noise/disturbance and movements of pedestrians/students within and around the site, e.g. during lunch hours or free lectures.

 

Minutes:

Change of use of building from Use Class B1 (offices) to Use Class D1 (non-residential establishments) together with changes to the external elevations of the building, creating an access road, bus parking and footpaths

 

a)            The Senior Development Control Officer highlighted that there was a request for the Committee to present their views on the report that formed an appeal statement to the planning inspectorate to recommend to refuse the planning appeal

 

A full application was received to change the Tŷ Menai/Technium building located on the Parc Menai Employment site, which was currently empty, from its existing Use Class B1 (offices) to Use Class D1 (education non-residential establishment) together with creating an access road, bus parking, foot paths and changes to the building's external elevations.

 

It was reported that the development was at a scale that meant that it would have been submitted to the planning committee on 6 September, 2021 however, the applicant had submitted an appeal to the planning inspectorate on the grounds of a lack of decision. It was explained that when an appeal was submitted on the grounds of a lack of decision, the local planning authority had an additional period to determine an application during the first four weeks after the appeal was received. The appeal was submitted on 4 August 2021 and, therefore, the four week period came to an end on 1 September 2021. Having considered the timetable and the fact that no meeting of the Planning Committee would be held in August, it was not possible for the application to be determined within the four week period. Under such circumstances, the system did not allow the Council to determine the application.

 

It was added that as part of the appeal process, the planning inspectorate gave the local planning authority the opportunity to submit an appeal statement, where the authority could express opinions and recommend a decision. As officers had no delegated rights to determine the application, the application was submitted to the committee in order to receive their opinion. The opinion would be submitted to the planning inspectorate as part of the appeal statement. 

 

Reference was made to the main concerns of the Planning Authority together with the Economy and Community Department, Gwynedd Council and these included:

 

1.    Bangor City Centre Regeneration Scheme

 

Bangor city was facing several challenges - and the condition and performance of the city centre undermined its function as a regional centre. It was noted that major shops such as Debenhams had closed and Aldi would be relocating to Caernarfon Road, which had a detrimental impact on the viability of the city centre. Part of the scheme to regenerate the city was to increase activities and use in the city centre.

 

Coleg Menai was an important employer and service provider in the city. The existing site was within reach of the city centre with access and convenient links. There were concerns that relocating the campus to the outskirts of the city would be likely to undermine the business  ...  view the full minutes text for item 15.