Agenda, decisions and minutes

To accept any apologies for absence.

Apologies were received from Councillors Louise Hughes, Delyth Lloyd Griffiths and Huw Wyn Jones

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

a)            The following member declared that he had an interest in relation to the item noted:

Councillor Huw Rowlands (a member of this Planning Committee), in item 5.6 (C22/0909/22/LL) on the agenda because of a family connection

The Member believed it was a prejudicial interest, and he withdrew from 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 Gruffydd Williams (a member of this Planning Committee) in relation to item 5.2 (C21/1220/42/LL) on the agenda

·           Councillor Kim Jones (not a member of this Planning Committee), in item 5.3 (C22/1169/15/LL) on the agenda

·           Councillor Meryl Roberts (not a member of this Planning Committee), in item 5.7 (C23/0201/08/LL) on the agenda

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

None to note

The Chairman shall propose that the minutes of the previous meeting of this committee, held on, 19^th June 2023, be signed as a true record.

The Chair accepted the minutes of the previous meeting of this committee, held on 19 June 2023, as a true record

To submit the report of the Head of Environment Department.

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

Erection of Distribution Depot building and Administration and maintenance building, create vehicle and lorry parking areas, vehicle washing area, installation of security fencing , landscaping and associated works. 

LOCAL MEMBER: Councillor Meryl Roberts

Link to relevant background documents

Application withdrawn

Erection of Distribution Depot building and Administration and maintenance building, create vehicle and lorry parking areas, vehicle washing area, installation of security fencing, landscaping and associated works.

APPLICATION WITHDRAWN

Cliff stabilisation works, demolition and reconstruction of a single House

Local Member: Councillor Gruffydd Williams

Link to relevant background documents

DECISION: To defer in order to conduct a site visit

Demolition of existing dwelling and construct a new dwelling in its place, and work to stabilise the cliffs

a)    The Senior Development Control Officer highlighted that this was a full application for the demolition of an existing dwelling and construction of a replacement dwelling, together with work to stabilise coastal cliffs. Externally, the new house would include a pitched roof finished in dark zinc and the finishes of the exterior walls would be a combination of timber boards on the upper floor and natural stone on the lower floors. He noted that the site and existing building were located at the foot of the cliffs of Nefyn Beach, and the cliffs were designated as the Clogwyni Pen Llŷn Special Area of Conservation (SAC) and was also the Porthdinllaen to Porth Pistyll Site of Special Scientific Interest (SSSI). He added that the site was outside the current development boundary of Nefyn with access gained to the site along the beach as well as a public footpath that led down from the top of the cliff past the site and onwards to the beach below.

He explained that the existing site contained a house that dated back to the late 1960s/early 1970s and of a style that included flat roofs. Its appearance conveyed those of that era. The site and the wider area were within the Llŷn and Enlli Landscape of Outstanding Historic Interest designation, and outside a nearby flood zone (which only applied to the beach). He noted that elements of the proposal had been amended since the original submission because of comments received, which included the external finishes of the dwelling following a comment by the AONB Unit (although the site was not within the AONB, these were considered as general comments).

He added that originally, a part of the proposal involved diverting the existing public footpath that ran past the site and repositioning it to be further from the building. Following discussions and after receiving comments on the proposal from the Council's Rights of Way Unit, Nefyn Town Council and members of the public, it was decided that the proposal was too contentious and therefore the path would stay as it was.

The application was submitted to the Planning Committee by the Local Member for reasons of it being an over-development of the site, that it would destabilise the cliffs and have an adverse impact on the area.

In the context of relevant policies, reference was made to the requirements of policy PS 5 which stated that priority should be given to the effective use of land and infrastructure, prioritising the re-use of previously used land and buildings, wherever possible. In this case, a dwelling already existed, and the site was already developed, therefore the proposal satisfied the general requirements of policy PS 5 of the Anglesey and Gwynedd Joint Local Development Plan (JLDP). It was added that Policy TAI 13 of the LDP related specifically to replacement dwellings and set a series of criteria that must  ...  view the full minutes text for item 7.

Demolish the old library and build three new intermediate affordable houses

Local Member: Councillor Kim Jones

Link to relevant background documents

DECISION: To defer in order to conduct a site visit

Demolition of former library and construction of three new intermediate affordable dwellings.

a)      The Senior Development Control Officer highlighted that this was a full application for the demolition of the former Llanberis library and the construction of three new 'intermediate' affordable dwellings in its place (two 2-bedroom semi-detached dwellings and one 3-bedroom detached dwelling). The library was closed in 2017 and the site, which was within the residential area of the Llanberis Local Service Centre as defined in the LDP, had been dormant since. The site was served by Capel Coch Road, which also served Dolbadarn primary school. Reference was made to the footbridge over Afon Coch river towards the rear of the site, which connected with Glanrafon Estate – over the past few years flood alleviation work had been completed on the riverbanks because of significant flooding in 2012.

This was a development by Cyngor Gwynedd as part of the 'Tŷ Gwynedd' scheme and the houses will be offered to buy or rent for an affordable price to local people.

Attention was drawn to the number of objections to the plan because parking issues already existed on Ffordd Capel Coch which caused ill-feeling amongst residents, and there was concern that the construction of three dwellings at this location would exacerbate the situation. In addition, there was concern regarding the hazard to street users, including children who attended the nearby school, due to the increase in traffic.

Despite the concerns, the Transportation Unit had no objection to the proposal in principle although they had noted that they would not support the creation of on-street parking spaces. The officer stated that there was a private parking space for each new property in the plans and that space would remain for three cars to park on the road in front of the development. It was added that until recently, the site had been a public library that attracted traffic itself.  Consequently, it was not considered that the development itself would exacerbate the on-street parking situation compared to what could be the case under the site's current lawful planning use. Similarly, it was not considered that the traffic caused by three dwellings would cause a greater risk to street users than the former library.

In the context of flooding concerns, a Flood Consequence Assessment (FCA) had been submitted with the application in response to initial observations from Natural Resources Wales (NRW). It was noted that the findings of the Flood Consequence Assessment and the modelling process that was followed confirmed that the development would comply with the requirements of the current TAN 15, specifically the criteria set by Appendix 1 of the TAN. In addition, the FCA proposed a series of alleviation measures to improve the resilience of the development to flooding. As a result, the proposal was considered acceptable based on the ability to manage flood risk to the occupiers of the proposed dwellings, and that it would not cause added risk in other places. It was therefore considered that the  ...  view the full minutes text for item 8.

Application for the working of slate waste tip to create stockpile for processing at minerals plant

Local Member: Councillor Elfed Wyn ap Elwyn

Link to relevant background documents

DECISION: To approve the application subject to conditions relating to the following:

1. Duration of working period 31/12/2040 and restoration up to 31/12/2042 to coincide with terms of overarching planning permission.
2. Permitted activities and compliance with submitted details/plans.
3. Mark boundary of site and mineral extraction zones.
4. Working Hours.
5. Manage HGV vehicle movements from the site to 9 per day on working days (Monday - Friday), No more than 2 on Saturdays, Sundays and Bank Holidays/Public Holidays.
6. Dust mitigation measures.
7. Air quality monitoring
8. Operational Noise - noise level restrictions.
9. Noise monitoring surveys.
10. Restrict the operating hours of the crusher.
11. Reasonable measures to avoid reptiles.   
12. Biodiversity Improvement Plan (to include the creation of an otters' den).
13. Restoration Management Plan (to include surveying measures and eradicating non-native invasive species and installing fences to restrict access of livestock to restored areas).

Application for the working of a slate waste tip to create stockpile for processing at an existing minerals plant.

a)      The Senior Minerals and Waste Planning Officer explained that this was an application for the working of a slate waste tip to create stockpile for processing at an existing minerals plant. The Bryntirion tip stood within the Ffestiniog Slate Quarry which was to the northwest of the town of Blaenau Ffestiniog; vehicular access to the quarry was gained from the A470 Trunk Road, around 150m north of Oakley Terrace. 

It was reported that the applicant operated a minerals plant that processed slate waste from both the Ffridd and Bryntirion waste tips to produce granulated slate products. The southern portion of the tip had already been worked as part of planning permission C10M/0103/03/MW (subsequently prolonged under C20/0079/03/AC). Material was moved from the tip using a tracked excavator and fed into a mobile crusher and feed hopper prior to being transported to be dried and milled in the plant on a conveyor belt.  This powdered or granulated slate product was primarily used for building materials such as roofing felt, artificial slate bitumen, insecticides, paint, resins, pipeline coatings, roofing and damp-course felts, automotive body under seal, terrazzo tiles and plastics or exported by road as secondary aggregate.   

The need for the application came because of the limited reserve left in the tips that were already permitted to be worked. There were an estimated 520,000 tonnes of additional reserve within the application area, which would ensure that the minerals plant had a continuous supply of feedstock for five years.

The proposal did not propose to increase HGV movements from the site, and it would release the mineral reserve in line with the existing conditions for Ffestiniog Quarry that restricted output to 9 loads per working day and 2 loads on Saturdays, Sundays, and Bank/Public Holidays.

Reference was made to observations received from Network Rail (NR) which objected to the proposal because of the lack of information regarding dust control and its effects on the tunnel air shafts.  However, it was explained that the applicant had provided thorough information on dust control and the Public Protection Unit had recommended appropriate conditions (mitigation measures) to reduce any impact on air quality. It was added that NR also objected based on ground stability and water run-off in relation to the Ffestiniog tunnel and railway. NR had requested further discussions between all parties in March, but a meeting to discuss further observations on the content of the technical information had not materialised.

The Minerals Planning Authority was of the opinion that the applicant had provided adequate information in terms of technical reports relating to the surface load bearing, hydrology/geology and restoration proposals, and that none of the information provided by Network Rail disproved the adequacy or reliability of these reports. The Authority had contacted Network Rail several times regarding these matters, specifically drawing their attention to the detailed reports received, but no additional comments were received.

In the  ...  view the full minutes text for item 9.

Application to amend conditions attached to planning permission C21/0042/25/LL f or the erection of a two storey dwelling, garage, creation of new vehicular access and associated works : Condition 2 - Variation of the approved plan to enable a change in the position of the proposed building within the site; Condition 9 - amendment in wording to require the completion of the access shown on the submitted plan prior to the occupation of the dwelling.

Local Member: Councillor Menna Baines

Link to relevant background documents

DECISION: To approve subject to relevant planning conditions:

1.    Compliance with the new submitted plans

2.    The window on the eastern elevation of the ground floor to be opaque

3.    The development shall be commenced within five years

4.    No development to commence until a drainage plan for the site has been submitted to the Local Planning Authority and approved in writing.

5.    The exact mitigation measures and the biodiversity enhancement suggestions, as included in sections 5.2 to 5.4 of the Preliminary Ecological Report submitted with application C21/0042/25/LL, must be followed.

6.    It will not be permitted at any time for the highway's current boundary wall/hedge/fence or any new highway-facing boundary erected to be higher than 1 metre above the carriageway level of the adjacent county road from either end of the site's boundary to the highway and it is not permitted to erect anything higher than this within 2m of the wall in question.

7.    The access must be planned and constructed completely in accordance with the submitted plans.

8.    Removal of permitted development rights

Notes

1 - Party Wall Act Note

2 - Draw the applicant’s attention to the observations of Welsh Water

3 - Sustainable Drainage Systems Note

An application to amend conditions attached to planning permission C21/0042/25/LL for the erection of a two-storey dwelling, garage, creation of new vehicular access and associated works: Condition 2 – Variation of the approved plan to enable a change in the position of the proposed building within the site; Condition 9 – amendment in wording to require completion of the access shown on the submitted plan prior to the occupation of the dwelling.

Attention was drawn to the additional observations.

a)    The Planning Manager highlighted that this was an application to vary Condition 2 (planning permission C21/0042/25/LL) for full planning permission to erect a two-storey dwelling and associated works, to allow changing the position of the approved dwelling 3m north-eastwards. He explained that the site was served by an access from Ffordd Penrhos which was a third-class county road, and that a parking area, garage and car port would be provided as part of the development. The rear of the site bordered with a wooded area that was designated as the Ffordd Treborth Woodland Wildlife Site, which separated the site from the Treborth Garden Centre.

Revised plans were received when discussing this application, showing a reduction in the building's footprint compared to what had been approved originally. He noted that the proposal to move the location of the dwelling resulted from the need to avoid development within the buffer zone, which extended 4m either side of the centre of the main sewer pipe that crossed the site.

He highlighted that the application also included a proposal to vary Condition 9 of the previous permission to facilitate the construction work by ensuring that the final vehicular access was in place before the dwelling was occupied rather than before development of the site.

The application was submitted to the Committee at the Local Member’s request. A message had been received from the local member noting that, after reading the officer's report and in light of further discussions with the residents of the nearest property, they had confirmed to her that they no longer objected to the application as it stood. However, they emphasised the need to adhere to the plans submitted with the application.

The principle of the proposal to erect a house of a similar size and design on this site was considered to have already been accepted via planning permission C21/0042/25/LL – the relevant policies had not changed since then, therefore that permission had been implemented and was extant. It was considered that the principle of building a dwelling on the site remained acceptable and in accordance with the principle of current housing policies.

Considering the reduction in the development's footprint, especially in the extension towards the north, together with the discussion regarding the amenity impacts, it was not believed that moving this house to the new position would have a significantly harmful amenity impact on the site's appearance, the local development pattern or on private amenities.

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

RESOLVED to approve subject  ...  view the full minutes text for item 10.

Demolish existing dwelling and erect a new dwelling in its place together with siting of a soakaway and private treatment plant.

Local Member: Councillor Peter Thomas

Link to relevant background documents

DECISION: To approve with conditions

1.    In accordance with the plans

2.    Implement permission within five years.

3.    Materials

4.    Landscaping and tree protection

5.    Boundary / curtilage details

6.    Archaeological investigation work

7.    Removal of permitted rights

8.    Complete the work in accordance with the protected species report. 

Demolish existing dwelling and construct a new house in its place together with a soakaway and private treatment plant.

a)    The Planning Manager highlighted that this was a full application involving a proposal to demolish an existing dwelling that was in a dilapidated state and to construct a replacement dwelling. The plans showed that the proposed house would keep to the layout form of the existing property and would include a shed, living room / kitchen, hall and office on the ground floor and three bedrooms with a bathroom on the first floor. The proposal would involve constructing a rear extension for a kitchen and bedroom.

The property was served by a narrow private track that connected the house and a more recent nearby farmhouse to a third-class county road nearby. It was noted that the property was located within a Landscape of Outstanding Historic Interest and a Special Landscape Area and stood outside any village boundary and was within a rural area.

It was highlighted that the Head of Environment considered that the application should be submitted to the Planning Committee due to public interest in the application and the site, and because of the close working relationship between the applicant's brother and the Planning Department.

Attention was drawn to the relevant planning history.

In terms of the principle of the development, it was noted that the proposal involved demolishing an existing house and erecting a new house in its place by re-using previously developed land, and such a development could therefore be supported. It was reported that the proposal satisfied the basic the requirements of policies PS5, PCYFF1 and PS17 of the LDP as well as Policy TAI 13 that related specifically to replacement dwellings. It was added that Policy TAI 13 set a series of criteria that must be conformed to (where appropriate) to approve such schemes. A lawful development certificate for the proposed use of the property as a residential dwelling was granted on 06-10-2016, therefore it could be stated that the lawful residential use of the house remained valid.

Having considered all the relevant planning matters including the local and national policies and guidance, as well as all the observations received, this proposal was considered acceptable and in compliance with the requirements of the relevant policies, and that the conditions addressed the public's concerns.

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

RESOLVED to approve with conditions

1.    In accordance with the plans

2.    Implement the permission within five years.

3.    Materials

4.    Landscaping and tree preservation

5.    Boundary / curtilage details

6.    Archaeological investigation work

7.    Removal of permitted rights

8.    Complete the work in accordance with the protected species report. 

Erection of 41 affordable dwellings and associated development

Local Member: Councillor Meryl Roberts

Link to relevant background documents

DECISION: To delegate powers to the Senior Planning Manager to approve the application subject to the applicant signing a Section 106 agreement to ensure an open spaces financial contribution and the following conditions: -

1.    Five years.

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

3.    Landscaping

4.    Secure a plan/arrangements to provide the affordable units e.g. mix, tenure, occupancy criteria, timetable and arrangements to ensure that units are affordable now and in perpetuity. 

5.    Compliance with the recommendations of the following documents: Preliminary Ecological Assessment; Reptile Survey and Elimination of Invasive Species Statement.

6.    Agree on details regarding Welsh names for the development before the residential units are occupied for any purpose along with advertising signage informing and promoting the development.

7.    Working hours limited to 8:00-18:00 Monday to Friday; 08:00-13:00 Saturday and not at all on Sunday and Bank Holidays.

8.    Compliance with the content of the Environmental Construction Management Plan document submitted as part of the application.

9.    Relevant conditions from the Transportation Unit regarding improvements to the access and parking spaces.

10.  Submit and agree to samples of materials and colours for the residential dwellings.

11.  Submit and agree to a biodiversity improvement plan to include reptile re-location.

12.  Submit and agree on solar panel details.

13.  Restrict the use of proposed housing to Use Class C3 of the Town and Country Planning Order (Use Classes) (Amended) (Wales), 1987 - residential houses used as a sole residence or main residence.

14.  Agree on the location and type of noise barrier adjacent to the houses of nearby residents before work is commenced on the site.

106 condition/agreement for the relocation of reptiles.

Note - need to submit a sustainable drainage system application to be agreed with the Council.

Note - refer the applicant to Welsh Water observations and amended advice.

Note - refer the applicant to observations and advice from Natural Resources Wales. 

Construction of 41 affordable housing and associated developments

a)    The Planning Manager highlighted that this was a full application to provide 41 dwellings, a new access, a new estate road and associated works on a plot of land on a site that had been designated under T48 as a housing site in the JLDP. The site was located on a plot of agricultural land used as livestock pasture, in the middle of the settlement of Penrhyndeudraeth and within the development boundary. He noted that the site measured 1.26ha and the application could be split into different elements, which included: -

·      The provision of 41 residential units to include 30 two-storey houses (20 x 2-bedroom, four person houses; 5 x 3-bedroom, 5 person houses; 1 x 7 person, 4-bedroom house and 4 x 5 person side-access houses); 1 x 2-bedroom, 3 person bungalow; 8 flats (1-bedroom, 2 person); 1 x 6-bedroom, 10 person supported living house, as well as one x 4-bedroom bungalow with wheelchair access.

·      The provision of parking spaces within the curtilage of each house and off-road.

·      The creation of a new access off Trem y Moelwyn Estate.

·      The creation of a new pedestrian access off the nearby A487 highway.

·      Soft and hard landscaping within and around the edges of the site.

·      Biodiversity enhancements plan.

·      The provision of an informal open space for children as well as an amenity space.

·      Installation of a surface water and foul water drainage system to serve the development.

·      Culverting part of the watercourse that ran through the site.

It was reported that Penrhyndeudraeth would exceed its indicative level through this development, and consequently justification would be required with this application outlining how the proposal would address the needs of the local community by providing an appropriate mix of housing (Policy TAI 8). It was added that the applicant had submitted information to support the application which stated that the Grŵp Cynefin and Clwyd-Alyn registered social landlords would be working together to build the affordable dwellings and become the site's owners once the development had been completed. It was also noted that the plan had been included within a programme to receive a Social Housing Grant from the Welsh Government.  Grŵp Cynefin would be responsible for 19 affordable housing units and Clwyd-Alyn would be responsible for 22 affordable housing units, with the tenure being a mix of social and intermediate rent; part-ownership and affordable intermediate housing for sale – this housing mix responded to the local need for affordable housing in Penrhyndeudraeth.

In the context of educational matters, it was confirmed that there was enough capacity in the schools in the catchment area, namely Ysgol Gynradd Cefn Coch and Ysgol Ardudwy, to accommodate the proposed number of children that could be expected from approving this proposal.

With regard to open spaces, it was noted that a provision of informal open spaces would be located in the centre of the site, which would give prospective occupiers an opportunity to use them, as well  ...  view the full minutes text for item 12.