Agenda, decisions and draft minutes

To accept any apologies for absence.

Apologies were received from Councillor Gareth Tudor Jones and Gareth Jones (Head of Planning and Environment)

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

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

·       Councillor Elin Hywel (a member of this Planning Committee), in item 5.3 - application number C24/0346/45/LL on the agenda

·       Councillor Elfed Williams (not a member of this Planning Committee), in item 5.4 - application number C24/0385/18/AC on the agenda

·       Councillor Gareth Williams (not a member of this Planning Committee), in item 5.5 - application number C22/0637/32/LL on the agenda

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

As a matter of order, it was reported that since the Chair was joining the meeting virtually, the Legal Officer would announce the results of the voting on the applications.

The Chairman shall propose that the minutes of the previous meeting of this committee, held on, 21^st October 2024 be signed as a true record.

The Chair signed the minutes of the previous meeting of this committee, held on 21 October 2024, as a true record, subject to the following amendments / additions:

5.1  Application Number C24/0205/32/LL Land Near Cae Capel, Botwnnog, Pwllheli, LL53 8RE

a)              Attention was drawn to the late observations form which included a summary of observations received from Botwnnog Community Council; that new evidence from the Perthyn Project had been submitted in its entirety to all members, as well as a summary of it from officers.

b)             Bullet point 9 of the Local Member's observations to read as follows; ‘That the Welsh Language Commissioner has confirmed that Cyngor Gwynedd has failed to comply with the Welsh Language standards when conducting an assessment of the impacts of the Gwynedd Common Housing Allocation Policy in 2019. Under section 4 of the Welsh Language Measure 2011, the Welsh Language Commissioner has recommended that the Council conduct a comprehensive impact assessment when reviewing and amending this policy.'

c)              It was proposed and seconded to refuse the application. Reason: That it is contrary to policy PS1 - significant harm to the Welsh language. The proposer noted, based on new evidence received, that the officers' recommendation was contrary to PS1.  He added that the decision would be made based on the impact that the Common Housing Allocation Policy had on the Welsh language - this did not ask or consider what language the tenants spoke. The Welsh Language Commissioner has confirmed that Cyngor Gwynedd has failed to comply with the Welsh Language standards when assessing  the impact of this on the Welsh language.'

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.

Full application for the construction of a 3 bedroom two storey dwelling (C3 use) and creation of a new vehicular access. 

LOCAL MEMBER: Councillor Gareth Tudor Jones

Link to relevant background documents

DECISION: To delegate powers to the Senior Planning Manager to approve the application subject to conditions:

1.         Time

2.         Compliance with plans

3.         Exterior materials/finishes

4.         There is a need to ensure that a 1.8 metre high opaque glass screen is installed on the south-western side of the balcony at all times.

5.         Boundary wall near the access no higher than 1 metre.

6.         Parking and turning spaces to be operational in accordance with the plan before the property is occupied for the first time.

7.         No hedge or vegetation clearing between 1 March and 31 August.

8.         Erection of the soil clawdd before the property is occupied for the first time.

9.         Agree on a landscape plan.

10.       Implement the landscaping plan.

11.       To restrict the occupancy of the property to a permanent residence.

12.       Withdrawal of PD rights

13.       Green Infrastructure Statement

14.       Agree on a building management plan

15.       Welsh Name

16.       Protect and preserve the hedge on the border

Full application to construct a 3-bedroom, two-storey residential property (C3 use) as well as the creation of a new vehicular access.

A decision on the application was deferred at the committee meeting in October, in order to hold a site visit. Some Members had visited the site on 8 November 2024.

a)    The Planning Manager highlighted that this was a full application to erect a two-storey residential property within a section of garden in an existing property in the village of Edern; the site was located within the Edern development boundary and the village was identified as a Rural Village in the LDP. ⁠⁠Therefore, Policy TAI 4 was relevant. It was reported that the indicative housing supply level for Edern was 12 units, with a total of 3 units completed and 4 units in the windfall land bank. Based on this information, approving a development on this scale would be completely acceptable based on the Village's indicative growth level and as there was only a proposal for 1 house, it did not reach the threshold of needing an affordable housing contribution.

It was explained that planning permission existed on the site until the end of January 2024 for the same development and that decision had been made under the current LDP, therefore the same policy considerations remained. As there was no change in policy or terrestrial terms when visiting the site, it was noted that refusing the application would be completely unreasonable and would likely be subject to appeal costs if the application would be refused. Attention was drawn to an older planning history in the context of the site where applications were refused in the past as the policies were different and on the grounds that the proposal would add to the number of second homes. In those decisions, there was concern about the size of the site and the ability to provide access and parking, and the Council had no information to the contrary (in the past, outline planning applications would have to outline the site in red only and there was no need to show an indicative layout). In the application in question, it was highlighted that it was possible to provide quality access with plenty of turning space and parking within the curtilage. The Transportation Unit had no objection.

It was noted that the applicant had confirmed that the proposal was for a class C3 permanent residential house. This would mean that it would be possible to manage the use of the site through a condition - this would ensure that this was a permanent residential use of the property and not a holiday use or second home use.

In the context of visual impact, it was explained that there was variety to the size and design of nearby houses and, although some concerns had been expressed about the impact of the house on neighbours, it was considered that the dwelling had been designed carefully to protect amenities. It was reported that there was no intention  ...  view the full minutes text for item 6.

Application for the amendment of condition 2 of planning approval C21/1210/38/LL to refer to amended plans submitted as part of this Section 73 Application rather than the plans referred to as submitted on the 14/12/21 as referred to in Condition 02.  

LOCAL MEMBER: Councillor Angela Russell          

Link to relevant background documents

DECISION: To refuse the application

Reasons:

·        An overdevelopment. Concern that the height and size of the proposal would create an oppressive element over neighbouring properties and would disturb and affect the amenities of neighbours contrary to policy PCYFF 2

Application to amend condition 2 of planning permission C21/1210/38/LL to refer to revised plans as part of this s73 application rather than the plans submitted on 14/12/21 as referred to in condition 2.

Attention was drawn to the late observations form. It was noted that the Community Council ⁠had presented observations and the Planning Manager had fully read them out aloud.

Some Members had visited the site on 8 November 2024

a)     The Planning Manager highlighted that this was a retrospective application to amend a condition on planning permission that was previously granted to retain the development as it had been built. Following an investigation into allegations that the development had not been built in accordance with what was approved, it became clear that there were inconsistencies on earlier plans that were approved in terms of the height of the original house with the prospective property although the rest of the plans from a design standpoint were correct. As a result, and to regulate the situation, a further application was submitted to amend the condition relating to carrying out the development in accordance with the plans approved.

It was reported that the application had been submitted to the committee at the request of the Local Member in response to local concerns.

A discussion on the application was postponed in a previous committee to correct the plans from the standpoint of form and layout of the access and the parking area in front of the site and to reflect what is seen on the site. It was explained that the footpath had changed to a winding access ramp instead of a row of straight stairs as originally shown on the plans submitted. As a result, a second consultation was held with the Community Council, the Local Member, neighbours, objectors and the Transportation Unit. It was noted that with the consent of the Committee Chair, a site visit was held to give the Committee members an opportunity to see the property and the surrounding area.

Attention was drawn to the lengthy planning history of the site, detailing that an application to demolish a bungalow and erect a brand-new dwelling had been refused. It was highlighted that the application had been refused due to the appearance and design, local market housing policy and the impact on neighbours' amenities. Following this, an application was approved to erect a single-storey house on the site.

It was highlighted that there had been allegations that the owner had built the house that was refused, but it was noted that this was incorrect and reference was made to the plans and the pictures submitted as part of the committee report which showed that the development seen on the site was completely different to the refused plan. It was reiterated that this plan included three floors to the property (a garage on the ground floor, living space on the first floor and living space within the roof space, as well as a balcony). It was noted that the development  ...  view the full minutes text for item 7.

Change of use of land and development of new tourist accommodation in the form of a) 2 no. permanent glamping pods and associated car parking; b) 33 no. pitches for touring caravans and associated parking; c) welfare facilities comprising a toilet block, shower block and store; and d) associated access arrangements, footpath connection to Abererch Road, drainage and landscaping 

LOCAL MEMBER: Councillor Elin Hywel

Link to relevant background documents

DECISION: To delegate powers to the Senior Planning Manager to approve the application subject to the following conditions:

1.     Time

2.     In accordance with the amended plans.

3.     Restrict the number of touring units to 33 caravans and 2 pods only.

4.     Holiday use only and maintain a register.

5.     Touring unit's holiday season - 1 March to 31 October.

6.     No storing of touring caravans on the site.

7.     Complete the landscaping plan in the first planting season following approval.

8.     Trees and hedges along the site's boundaries must be retained.  

9.     Any hard standings are limited to caravan pitches only.  

10.  Agree on electricity and water utilities pathways.

11.  Present Toadflax-leaved St John's-wort Hypericum linariifolium Management Plan

12.  Complete Biodiversity improvements in accordance with the information submitted

13.  Highways Conditions

14.  Construction work hours

15.  Welsh Name

16.  Bilingual advertisements

17.  Main site access notification information off the A499

18.  Install a fence around the site

Notes:

Public Protection Note

Highways Notes

NRW letter note

Welsh Water letter note

SUDS note

Licensing Note

Change the use of land and develop a new holiday accommodation in the form of a) 2 permanent glamping pods and associated parking; b) 33 pitches for touring caravans and associated parking; c) welfare facilities including a toilet block, shower block and storage; and d) associated access arrangements, footpath link to Ffordd Abererch, drainage and landscaping.

a)     The Development Control Team Leader highlighted that the site was located on a hillock in the open countryside on the outskirts of Pwllheli Town with residential houses located at the bottom of the hillock; the site was located within an Area of Historical Interest and was on the outskirts of a Wildlife Site and the bottom of the hillock was designated a C2/Zone 2 and 3 flood area. ⁠ ⁠ ⁠

In the context of the principle of the development, and the fact that the proposal included touring and permanent units, it was explained that the relevant policies were TWR 3 and TWR 5 and their criteria focused on visual impact and acceptable access to the site. It was reported that a Landscape and Visual Appraisal had been submitted as part of the application which included standpoints from the site, the nearby area and from a distance. It was reiterated that the Appraisal was of a good standard and it confirmed that the development would not be visible from the majority of the standpoints, and whilst the development would be visible from some high or distant standpoints, only a part of the site would be visible, or it would also be visible in the context of Pwllheli's wider view. It was noted that there was an intention to further landscape the site and, therefore, it was considered that the proposal would not have an unacceptable visual impact.

In the context of transportation and access, it was reported that there was a proposal to improve current access into the site and to use it as a main entrance for the development. It was reiterated that a Transportation Statement had been submitted with the application and, despite acknowledging that Lôn Nant Stigallt was generally narrow with some steep parts, the entrance to the site was near the junction with the A499. It was described that the width of the carriageway at this part was larger than the average for the road, and the Statement confirmed that it was possible to achieve two-way traffic for this part. As a result, with the intention of either providing passing places, or achieving a one-way system across the rest of the road, the Transportation Unit considered that the use of the road was acceptable.

In the context of the layout of both permanent pods proposed, it was noted that the site was not located within the AONB or Special Landscape Area, and in accordance with the Landscape Sensitivity and Capacity Study, the number of units proposed was defined as a very small development, and was therefore not considered as over-provision. In the context of the touring units, it was explained that  ...  view the full minutes text for item 8.

Variation of condition 2 of planning permission  C20/0485/18/AC (amendment to planning permission ref. C17/0438/18/LL for residential development)  to allow a further three years for the approval of reserved matters

LOCAL MEMBER: Councillor Elfed Williams

Link to relevant background documents

RESOLVED: 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 draining.

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

11.       Restrict the use to C3 use class residential dwellings

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

Vary condition 2 of planning permission C20/0485/18/AC (amendment to planning permission number C17/0438/18/LL for a residential development) to allow a further three years for the approval of reserved matters.

a)    The Development Control Team Leader highlighted that this was a full application to vary condition 2 of a previous planning permission to extend the time given to submit a reserved matters application on the original outline permission in 2009. It was explained that the application did not relate to the reserved matters.

It was reported that the proposal continued to involve developing the site for 27 houses which included 5 affordable houses for general local need (a mixture of social and intermediate houses), creating a new entrance as well as providing an amenity space. It was reiterated that the original application was subject to the 106 legal agreement to provide the element of affordable housing and this aspect would not need to be updated as its content continued to be valid. It was reiterated that the principle of developing the site for a residential development had already been accepted under the original outline application in 2009, as well as follow-up applications approved to extend the period of 3 years every time and the latest permission continued on the site and established the principle of this latest application. The importance of considering, whether the planning situation or circumstances had changed since the previous applications was outlined. 

In the context of the application site, it was explained that the field was a 0.8 hectare agricultural field which was served by the agricultural entrance from the class 3 county road, and since the last planning permission, the application had been formally included within the World Heritage Site. It was noted that the site continued to be within the Deiniolen development boundary and had been designated for housing; it contributed towards the indicative supply level for the village and the information submitted as part of the application. A Housing Mix Statement was submitted which confirmed that the proposed housing mix addressed the need identified within the Gwynedd Housing Need Assessment, as well as an assessment for the village of Deiniolen. It was explained that the western side of the site had been earmarked for biodiversity enhancement space and to reduce surface water run-off to justify lower than usual density for this site.

Attention was drawn to the fact that the applicant had noted that it was not possible to develop the site within the period of the current permission, and that being as a result of Covid and the economic climate. It was highlighted that there was no long-term barrier that would prevent the development from moving forward, and therefore, accepting the application would extend the planning permission less than a year after the final date of the LDP and that extending the period was therefore reasonable.

The Members were reminded that a brief plan of the proposed site had been included with the application and the design and layout of the houses would  ...  view the full minutes text for item 9.

Full application for a development of 8 Affordable Homes with associated works, on a rural exception site [Phase 1 of 2]

LOCAL MEMBER: Councillor Gareth Williams

Link to relevant background documents

DECISION: To defer so that the applicant has an opportunity to respond to the refusal reasons and submit further information

Full application for a development of 8 affordable homes with associated works, on a rural exception site (phase 1 of 2)

a)     The Planning Manager highlighted that correspondence had been received by the agent asking the committee to defer a decision on the application to be able to try to respond to the refusal reasons and submit more information ⁠

b)    It was proposed and seconded to defer the decision

DECISION: To defer so that the applicant has an opportunity to respond to the refusal reasons and submit further information