Agenda, decisions and minutes

To accept any apologies for absence.

Apologies were received from Councillor Louise Hughes and Councillor Beca Roberts (Local Member)

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

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

·         Councillor Gareth Tudor Jones (a member of this Planning Committee) in relation to item 5.2 (C21/1030/42/LL) on the agenda

·         Councillor Huw Wyn Jones (a member of this Planning Committee), in item 5.5 (C22/0662/11/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, 17^th October 2022, be signed as a true record.

The Chair signed the minutes of the previous meeting of this committee, held on 17 October, 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

Outline application for the erection of 5 dwellings to include two 4 bedroom two storey dwelling, one 3 bedroom two storey dwelling and two single storey dwellings. 

LOCAL MEMBER: Councillor Angela Russell

Link to relevant background documents

DECISION: To refuse – reasons

1.    No information was provided regarding the impact of the development on the Welsh language, and therefore it cannot be ensured that the proposal is not contrary to the requirements of policy PS1 of the Anglesey and Gwynedd Joint Local Development Plan 2017, together with the SPG on Maintaining and Creating Distinctive and Sustainable Communities. 

2.    The proposal is unacceptable and would be likely to have a significant impact on the amenities of nearby residents and the area in terms of disturbance and noise, along with significant impact on road safety in terms of providing access to vehicles, lack of provision for pedestrians and bicycle users and the parking provision.  The proposal, therefore, is contrary to the requirements of criterion 7 of policy PCYFF 2 and policies TRA 2 and 4 of the Anglesey and Gwynedd Joint Local Development Plan 2017.

3.    The application does not refer to the provision of local market housing or affordable housing at all and no information has been provided in terms of justifying the houses, their affordable price and how the proposal will address the needs of the local community, therefore to this end it does not comply with the requirements of policies TAI 5, PS17, TAI 15 or PS1 of the Anglesey and Gwynedd Joint Local Development Plan 2017. 

Land adjacent to Dolwar, Ffordd Pedrog, Llanbedrog, Pwllheli, LL53 7PA

Outline application to erect five houses to include two 2-storey four-bedroom houses, one three-bedroom house and two single-storey houses.

a)            The Planning Manager highlighted that this was an outline application for the erection of 5 houses, including 2 two-storey, four-bedroom houses, 1 two-storey three-bedroom house, and 2 one-storey houses on a site located within the development boundary of Llanbedrog. It was noted that the application form noted that access, appearance and setting matters formed a part of the application and that landscaping and scale were reserved matters.

It was reported that the site was located within the development boundary of Llanbedrog as noted in the Joint Local Development Plan (JLDP) and that it was not designated or protected for any specific use in the Plan. It was noted that the indicative housing provision for Llanbedrog over the Plan period was 16 units and that during the period between 2011 and 2022, 19 units had been completed in Llanbedrog (each of these being windfall sites). It appears that the figure is higher than the indicative supply figure and as the settlement has seen its expected growth level through completed units, there was a need for justification with the application, highlighting how the proposal meets the needs of the local community.

In the LDP, Llanbedrog is known as a Coastal Village in policy TAI 5 'Local Market Housing'; which notes, subject to the requirements of Policy TAI 15 regarding the provision of affordable housing, that local market housing are permitted within the development boundaries of settlements that are relevant to the policy. Providing new open market housing in Llanbedrog would not be acceptable.  The agent was notified at the time the application was registered, that evidence of local need was required to conform to the requirements of policy TAI 5, and no such information had been submitted.

It was reiterated that the application made no reference to the provision of local market housing or affordable housing and that information had not been provided in terms of the justification for the houses, their affordable price and how the proposal would meet the needs of the local community. To that end, it did not comply with the requirements of policies TAI 5, PS17 or TAI 15 of the Local Plan.

In the context of transportation and access matters, it was noted that there was a proposal to use two ways to gain access to the site. It was explained that the two roads were narrow, one off Ffordd Pedrog and one off Cae Hendy estate. The roads were not wide enough for vehicles to pass each other or to provide a pedestrian footpath. Although there was a proposal to provide a one-way system where vehicles would use one road for access and another road to leave, there were no details about how pedestrians could reach and leave the site safely, nor were there details about how the one-way system would  ...  view the full minutes text for item 6.

Erection of 7 residential dwellings together with associated works.

LOCAL MEMBER: Councillor Gareth Morris Jones

Link to relevant background documents

DECISION: To refuse – Reasons

1.    The housing provision in Morfa Nefyn is already significantly higher than the provision set by the Joint Local Development Plan, and therefore it is not believed that the proposal would meet the recognised local need for housing. As a result, the development would lead to an over-provision of open market housing in the community, which is contrary to the requirements of policy TAI 4 of the LDP and the settlement strategy included in policy PS 17.

2.    Due to the potential market value of the proposed units for affordable homes, it is not possible to ensure that these units would remain affordable in order to meet the needs of the local community in the long-term and, therefore, the application is contrary to the requirements of Policy TAI 15 of the LDP.

3.    Based on the submitted information in the Linguistic Statement, the Local Planning Authority has not been convinced that the development would not cause significant harm to the character and balance of the Welsh language in the community and, therefore, the application is contrary to the requirements of policy PS 1 of the Anglesey and Gwynedd Joint Local Development Plan.

Former St Mary's Church, Lôn yr Eglwys, Morfa Nefyn, Pwllheli, Gwynedd, LL53 6AR

Erection of seven dwellings and associated works.

a)    The Senior Development Control Officer highlighted that this was a full application for a residential development including 7 residential houses, an access road and ancillary work on the site of a former Catholic Church "Resurrection of Our Saviour", Morfa Nefyn (which had now been demolished). It was reiterated that the site was a brownfield site, measuring approximately 0.4 ha, located in a residential area of the Morfa Nefyn Coastal-Rural Village and the development would be in the form of a "cul-de-sac" with a vehicular access, parking space and separate garden for each unit.

It was noted that the plan was an update of a plan for six houses on the same site as was previously refused under reference C19/1174/42/LL for the reasons below:

·         It was not believed that the proposal would meet the acknowledged local needs for housing, and as a result, the development would lead to an over-development of open market housing in the community.

·         Lack of affordable provision as part of the plan

·         Harm to the amenities of local residents and users of Lôn yr Eglwys due to the narrowness of the access road

·         The Local Planning Authority had not been convinced that the development would not cause significant harm to the character and balance of the Welsh language in the community

As a result of the Committee's decision to refuse application C19/1174/42/LL, the decision was taken to Appeal (APP/Q6810/A/21/3266774) and it was refused on appeal for the following reasons:

·         "based on the evidence to hand, I have not been convinced that the proposal would make an appropriate contribution to local housing supply, including affordable housing. I conclude, therefore, that the proposal would not comply with policies PS 17, TAI 4 and TAI 15 of the LDP."

·         "In the absence of such information, I conclude that the proposal would be contrary to policy PS 1 of the LDP and Planning Policy Wales that seeks to promote and support the use of the Welsh language."

While accepting that every application must be considered on its own merits, when considering the history of the site and the observations of the Planning Inspector on the previous decision, it is believed that the two main questions to consider when determining this application were,

·         would the new plan contribute towards meeting the needs of the local community for housing?

·         would the proposal promote and support the use of the Welsh language in the community?

It was reported that Morfa Nefyn was earmarked as a Coastal-Rural Village in the LDP, and policy TAI 4 supports housing developments in order to meet the Plan's strategy by encouraging the use of suitable windfall sites within the development boundaries of settlements in this tier, when the size, scale, type and design of the development are balanced with the character of the settlement. It was noted that the indicative housing provision for Morfa Nefyn  ...  view the full minutes text for item 7.

Proposed extension to slate extraction operations 

LOCAL MEMBER: Councillor Beca Roberts

Link to relevant background documents

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

1.    Duration of working period 31/12/2035 and restoration up to 31/12/2037 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.    Revoke Part 19 and 21 rights of the General Permitted Development Order for fixed plant or machinery, buildings and structures and mineral waste.

5.    Working Hours.

6.    Method of working and blast limitations;

7.    Detailed Restoration Plan

8.    Control of external lighting.

9.    Control of daytime and night time noise limitations.

10.  Control of fugitive dust.

11.  Five yearly review of operations.

12.  Soils and restoration media storage.

13.  Controls on soil stripping and vegetation clearance.

14.  Updated tipping and waste (slate, soils etc.) scheme.

15.  Long-term monitoring plan of the leat.

16.  Protection of nesting birds.

17.  Lichen management plan.

18.  Reptiles protection measures.

19.  Restrict access of livestock to restored areas.

20.  Monitoring of invasive species.

21.  Detailed restoration scheme at least 12 months prior to cessation of operations.

22.  Archaeological recording and mitigation.

Application for extension to slate extraction operation

Attention was drawn to the late observations form.

a)    The Senior Planning Officer - Minerals, highlighted that this was an application for a side extension to the working area of Penrhyn Quarry. It was explained that the quarry was located to the south of the town of Bethesda, with vehicular access along a private road leading off the B4409, a Class 2 public road, at Pont y Tŵr; that the application site was located immediately adjacent to the south-western corner of the existing rock face, and within the boundary of the existing planning consent for a side extension (reference C12/0874/16/MW), and a Review of Old Minerals Consent under the Environment Act 1995 (ROMP) (permission number C16/1164/16/MW) for the whole quarry approved in 2017.

It was noted that the proposed extension would include around 1.6ha of land, with the application site including a total of 2.26ha (that would also include keeping the boundaries and the stream in the south-east). It is proposed to work the extended excavation area in the same manner as the existing workings agreed under ROMP 2017 and application C12/0874/16/MW, including waste tipping, stockpiling, producing roof slates, etc.

The need for the extension arises as a result of a vertical dolerite dyke that crosses the south-western existing rock face. Slate within 25m of this dyke are seriously damaged to the degree where it is not possible to obtain any material to work from them, which leads to the loss of around 1.11 tonnes of the best slate. The proposed extension would release around 250,000 tonnes of purple roofing slate and 1.9 million tonnes of red/blue decorative slate, therefore ensuring that there is no deficit in the existing mineral reserve, and maintaining the land bank in accordance with the requirements of Strategic Policy 22: Minerals and MWYN 3 of the JLDP.

In the context of the visual amenities and the landscape, it was noted that the area immediately surrounding the site included a number of sensitive land designations, i.e. Snowdonia National Park, Welsh Slate Area World Heritage Site, Dyffryn Ogwen Landscape of Outstanding Historic Interest (LOHI), Special Landscape Area of the North Western Fringes of Snowdonia.  Further afield were the Anglesey Area of Outstanding Natural Beauty (AONB), Faenol and Penrhyn Castle Historic Parks and Gardens, Menai and Bangor Mountain SLA and the Dinorwig Landscape of Outstanding Historic Interest - all have been identified within the Assessment of Impact on the Landscape and Visual Impact.

Considering the scale of the development, it was likely that it would be difficult to differentiate the extension site from the existing excavation site and workings at the quarry from further away. The LVIA concludes that any prominent impacts on the landscape will be restricted to areas immediately adjacent to the site; specifically Gwaun Gynfi and Elidir Fach.

The existing restoration strategy for the whole site is a condition in the ROMP (C16/1164/16/MW) and it is proposed to incorporate the restoration work for the proposed extension  ...  view the full minutes text for item 8.

Application under Section 73 to vary condition 1 and 3 of planning permission C16/1164/16/MW (Application under the Environment Act 1995 for the determination of conditions under periodic review) so as to extend the time for winning and working of material to 2035, extend time to restore site to 2037 and amend drawings so as to accommodate a proposed extension to extraction area

LOCAL MEMBER: Councillor Beca Roberts

Link to relevant background documents

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

1.    Duration of working period 31/12/2035 and restoration up to 31/12/2037.

2.    Permitted operations and compliance with submitted details/plans/drawings (including extension area).

3.    Mark boundary of site and mineral extraction zones.

4.    Working Hours.

5.    Apply to extend the closure and diversion of Public Rights Of Way numbers 46 and 50.

6.    Hours of Working at the working face

7.    Method of working and blast limitations

8.    Restoration and detailed habitat creation and restoration plan in accordance with the application details

9.    Restoration scheme for the plant site by 31 December 2030.

10.  Five yearly review of operations

11.  Control of external lighting

12.  Control of daytime and night time noise limitations

13.  Control of fugitive dust and provision/maintenance of a weather station

14.  Soils and storage of restoration materials

15.  Restriction on permitted development rights

16.  Restriction on vegetation clearance at specific times of the year unless it can be proven in writing that the work will not disturb birds and reptiles;

17.  Updated lichen monitoring

18.  Moorland habitat management plan for the ecological compensation area in accordance with the details provided

19.  Long-term monitoring plan of the leat.

20.  Gwaen Gynfi habitat monitoring

21.  Archaeological recording and mitigation

22.  Protection of nesting birds.

23.  Lichen management plan.

24. Reptiles protection measures.

25.  Restrict access of livestock to restored areas.

26.  Monitoring of invasive species

Breedon, Penrhyn Quarry, Bethesda, Bangor, Gwynedd, LL57 4YG

Application under Section 73 to vary condition 1 and 3 of planning permission C16/1164/16/MW (Application under the Environment Act 1995 for the determination of conditions under periodic review) so as to extend the time for winning and working of material to 2035, extend time to restore site to 2037 and amend drawings so as to accommodate a proposed extension to extraction area

Attention was drawn to the late observations form.

a)    The Senior Planning Manager – Minerals, highlighted that this was an application under Section 73 of the 1990 Planning Act to vary conditions 1 and 3 of planning application C16/1164/16/MW (Review of Old Mineral Planning Consents under the 1995 Environment Act (ROMP)) to extend the slate excavation work and associated operations for three years, allow more time to restore the site and amend plans to make room for a proposed extension to the area that was currently being worked.

It was explained that the application site included the quarry as a whole and its operations; excavating for minerals (including the area of the proposed extension), mineral waste tips, processing, stockpiling, removal of historical mineral waste tips, site office/welfare facilities, weighbridge and restored areas. Under this current planning consent (ROMP), condition 1 stated that all operations could continue up to 31/12/2032, with the final restoration to be completed by 31/12/2034. The proposed change to this condition would change the date when operations would cease to 31/12/2035, and the restoration work to be completed by 31/12/2037.

It was noted that the principle of extending works at the quarry on the site was based on Strategic Minerals Policy PS22 and Policy MWYN 3 of the LDP where it was noted that the Council would contribute to the permanent demand locally and regionally for the supply of minerals by sustaining a land-bank of at least seven years of Sand and Gravel, and a ten-year reserve land-bank of crushed rock aggregate in accordance with national guidance.

In the context of traffic matters, public rights of way and common land, it was reported that the proposal did not include an intention to increase the HGV movements from the site. Observations were received from the Council's Transportation Unit, noting no objection to the proposal since it was unlikely to have any impact on the highways network.

In addition, it was noted that the Public Rights of Way Unit had confirmed that a permitted path had been established and that it followed the path used to transport customers to the highest zip-wire in Zip World. This path had been agreed with the Council and it currently was the subject of some work in order to be able to open the path to the public. Therefore, it was considered that although the original Public Rights of Way that crossed the quarry had been impacted for a substantial period of time, the permitted path agreed upon provided a safe access between Llandygai and the slopes that ascended above the quarry.  ...  view the full minutes text for item 9.

Change of use of former school (Use Class D1) to hostel (Use Class C2) providing supported living for residents to include an extension and associated works.

LOCAL MEMBERS: Councillor Richard Medwyn Hughes and Councillor Huw Wyn Jones

Link to relevant background documents

DECISION:

To approve the application subject to the following conditions:

1.    Commence within five years.

2.    In accordance with the submitted plans.

3.    All internal and external signs to be in Welsh only or bilingual with a priority given to the Welsh language.

4.    The recommendations of the Ecological Assessment Report must be observed 

5.    Welsh Water Condition

6.    Photographic survey in order to record archaeological features

Welsh Water Note

Hillgrove School, Ffordd Ffriddoedd, Bangor, Gwynedd, LL57 2TW

Change of use of a former school (Use Class D1) to a hostel (Use Class C2), which offers living support for residents including an extension and associated building work

Attention was drawn to the late observations form.

a)    The Senior Development Control Officer highlighted that this was an application to change the use of a site from its use as a former school into a hostel/supported living unit to be used by a charitable organisation. It is proposed to undertake internal reorganisation to the buildings on the site to provide a facility that is fit for purpose and it is intended to erect a single-storey, flat roof extension, in order to connect the three main buildings of the existing property. The organisation would provide 18 bedrooms with en-suite facilities dispersed across two floors of the building, along with communal facilities.

The Officer referred to the reports, highlighting that the English version did not include adaptations and additional observations from the objectors. They went through the report, detailing the differences in section 5.3, 5.4, 5.15 and 6.1.

When referring to the background of the application, it was noted that the current activities of the charity happened at the site of Tŷ Penrhyn in Bangor - a property that was in a poor condition and requiring a substantial investment. It was reiterated that the applicant's lease of Tŷ Penrhyn was to end in around 18 months, and although discussions had been held with the owner of Tŷ Penrhyn to buy the site, it appeared that it was not financially viable to buy it. Hillgrove School closed in 2017 and the site had been identified by the applicant as being suitable to relocate the service, enabling the charity to stay in Bangor. It was noted that there was no reason for the Local Planning Authority to doubt these explanations.

Attention was drawn to the lawful use of the site, such as a school (non-residential education centre), which fell under Use Class D1 in the Town and Country (Use Classes) Planning Order 1987 (as amended), meaning that no planning consent would be required to change the building into a clinic or health centre. As a result, no planning permission would be needed to implement this facility as a day treatment centre for people with alcohol and drug problems. The residential element and the proposed extension only required planning permission.

In the context of general and residential amenities, it was highlighted that many objections had been received to the application but the grounds to these considerations, to a great extent, related to matters outside the normal material planning considerations on planning applications. Although the concerns were acknowledged, it was noted that they were based on the facility's management matters and law and order policies and that they were not under the direct control of the planning system.

In terms of noise impacts and general disturbance, the nature of the existing lawful use of the site,  ...  view the full minutes text for item 10.