Agenda, decisions and minutes

To accept any apologies for absence.

Apologies were received from Councillor Elin Hywel and Councillor Gareth Roberts

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 Wyn Jones (a member of this Planning Committee), in item 5.1 (C23/0148/17/LL) on the agenda as he knew the family.

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 Arwyn Herald Roberts (not a member of this Planning Committee), in item 5.1 (C23/0148/17/LL) on the agenda.

·           Councillor Elwyn Jones (a member of this Planning Committee), in item 5.2 (C23/0212/30/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 22^nd May 2023, be signed as a true record.

The Chair accepted the minutes of the previous meeting of this committee, held on 22 May 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.

Erection of rural enterprise dwelling and associated work

LOCAL MEMBER: Councillor Arwyn Herald Roberts

Link to relevant background documents

DECISION:

To approve contrary to the recommendation

Conditions:

·         Five years

·         In accordance with the plans

·         Measures to improve biodiversity

·         Archaeological survey

·         Drainage plan

·         Protect the public footpath

·         Withdrawal of permitted rights

·         Agricultural / rural enterprise employees’ condition

Construction of a rural enterprise house and associated work.

       Attention was drawn to the late observations form.

a)    The Assistant Head of Environment Department highlighted that the decision had been deferred at the Planning Committee meeting on 22/05/2023 in accordance with his instruction as there was significant risk to the Council in respect of the Planning Committee's intention to approve the application contrary to officers’ recommendation. The matter had been referred to a cooling-off period in accordance with the Committee’s standing orders. The purpose of reporting back to the Committee was to highlight the planning policy issues, the possible risks and the possible options for the Committee before it reached a final decision on the application.

The Members were reminded that this was a full application for planning permission to construct a rural enterprise dwelling on Uwchlaw’r Rhos Farm outside the village of Penygroes, on a site outside any village boundary as defined in the Joint Local Development Plan (JLDP).

In presenting an assessment of the Planning considerations, it was emphasised, with regard to protecting the countryside, that very special justification was required to approve the construction of new dwellings, and that applications would only be approved in exceptional circumstances. It was noted that those exceptional circumstances were contained in Technical Advice Note 6: Planning for Sustainable Rural Communities – July 2010 (TAN 6), and that one of the requirements was the need to submit information relating to the functional test, time test, financial test and the other dwellings test to prove the need and justification for constructing a dwelling in open countryside.

In respect of the functional test and the time test, it was noted that there were three partners in the business with one of the partners (the applicant's son) living on the farm permanently, working on the farm occasionally and in a position to supervise the farm's activities during difficult hours. It was added that the applicant lived 1.6 miles from the site and had done so since purchasing the business in 2018, and that the applicant's sister lived in the second dwelling on the site – a second house within the ownership of the applicant's family, which enabled sufficient supervision of the site. No information had been received indicating their intention to change the farming system, which would change the situation to necessitate a permanent presence on the land. The Council had not been convinced that robust evidence had been submitted as explicit confirmation that the applicant needed to be available permanently on the farm, considering the circumstances of the holding.

In the context of the financial test, it was noted that the applicant was required to provide financial evidence for a period of at least three years, and also assess whether the size and cost of the proposed dwelling were commensurate with the enterprise's ability to fund and maintain the dwelling without harming the ongoing viability of the enterprise, and demonstrate a reasonable prospect that the business would make earnings on the labour employed  ...  view the full minutes text for item 6.

Residential development of 4 affordable dwellings together with associated accesses and parking (amended scheme to that originally submitted).

LOCAL MEMBER: Councillor Elwyn Jones

Link to relevant background documents

DECISION: To delegate the right for the Assistant Head of Environment Department to refuse the application on the grounds of the following reasons: -

1.      The proposal is contrary to the requirements of Policy PCYFF 2 (development criteria) of the Anglesey and Gwynedd Joint Local Development Plan 2017 as it does not comply with all relevant policies within the Plan that relate to proposals to develop affordable housing.

2.      The proposal is contrary to the requirements of Policy TAI 8 (appropriate housing mix), Policy TAI 15 (affordable housing threshold and distribution), Policy TAI 16 (exemption sites) along with the advice contained in the Supplementary Planning Guidance: Affordable Housing and Technical Advice Note 2: Planning and Affordable Housing as no firm evidence has been received from the applicant which undoubtedly confirms that the need for affordable housing on an exemption site in Rhiwlas has been proven and that the price of the houses themselves is affordable for local people.

3.      The proposal is contrary to the requirements of Policy PS 1 (the Welsh language and culture) along with the advice contained in the Supplementary Planning Guidance: Maintaining and Creating Distinctive and Sustainable Communities as no firm evidence has been received which confirms that the development meets the needs of the local community that would protect and/or promote the Welsh language in Rhiwlas.

A residential development of four affordable dwellings together with associated accesses and parking (amended scheme to that originally submitted)

a)    The Planning Manager explained that this was an application to erect four affordable dwellings for local need on a site on the outskirts of Rhiwlas village. He noted that this was an amended application to that submitted to the Planning Committee in February 2018 for five affordable dwellings, which had been deferred on the following grounds: (i) to ask the developer for evidence of a real need for three-bedroom social housing in the village of Rhiwlas; (ii) to receive confirmation whether or not a registered housing association was interested in the units as well as (iii) information about waiting lists for social housing in the area.

It was noted that the application contained the following elements:

·         Erect 2 two-storey, two-bedroom houses and erect 2 two-storey, three-bedroom houses in the form of a terrace.

·         Provide separate accesses for each house along with private driveways for off-road parking.

·         Provide domestic sheds/storage as well as a laundry drying area at the rear of the houses.

·         Culverting approximately 26m of the ditch that ran through the eastern corner of the site.

It was reported that the site was located outside the development boundary as included in the LDP but directly abutted the boundary. It could therefore be considered as an exemption site.

It was noted that the principle of constructing affordable housing on the site was established in Policy TAI16 of the Local Development Plan (exemption sites) which noted that a development immediately adjacent to a development boundary must be for 100% affordable housing if it could be shown that there was a proven local need for affordable housing that could not be met on a site within the development boundary.

The indicative supply level for Rhiwlas over the lifetime of the Plan was noted as nine units. Two units had been completed in the village between 2011 and 2020, and the figure for the land bank within the village was one unit. Considering this information, approval of the application on the site would be supported against the indicative supply level.

The planning application for five dwellings had been deferred by the Planning Committee in 2018 because the developer was required to evidence a real need for three-bedroom social housing in the village of Rhiwlas. In the meantime, the applicant had reduced the number of dwellings from five to four, nevertheless he had not presented robust or clear evidence to confirm that the need existed for three-bedroom social housing in Rhiwlas despite having submitted a Planning Statement and Affordable Housing Statement to support the application. It was highlighted that the Affordable Housing Statement referred to the need for social housing in the village based on figures in the Council's Housing Options register, which showed that 38% needed a two-bedroom house and 24% needed a three-bedroom house out of a total of 98 people. It was added that these were figures for  ...  view the full minutes text for item 7.

Extension to dwelling to provide accessible garage, therapy room and wet room for disabled person.

LOCAL MEMBER: Councillor Anwen J Davies

Link to relevant background documents

DECISION: To approve subject to conditions:

1.         Five years

2.         In accordance with the plans

3.         Slates on the roof

4.         Finish to match

Welsh Water Note

Biodiversity Note

An extension to a dwelling to provide an accessible garage, therapy room and wet room for a disabled person

a)    The Planning Manager explained that this was an application to erect a single-storey extension on the side of the existing single-storey dwelling to be used as an accessible garage along with a therapy room and a wet room. It was explained that the proposal involved providing an access ramp to the property's main entrance and patio doors on the rear elevation also. Access to the extension would be gained through the proposed garage and also through the existing property.

The application was submitted to the Committee because the applicant was the Local Member's son.

It was considered that the revised scheme was acceptable in respect of visual amenities, landscape, residential amenities and transport and that it complied with relevant policy requirements.

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

RESOLVED to approve with conditions.

1.   Five years

2.   In accordance with the plans

3.   Slates on the roof

4.   Finish to match

Welsh Water Note

Biodiversity Note