Agenda, decisions and minutes

To accept any apologies for absence.

Apologies were received from Councillor Louise Hughes and Councillors Beca Roberts and Rob Triggs (Local Members)

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 5.1 (C22/0969/45/LL) on the agenda

·           Councillor Cai Larsen (a member of this Planning Committee), in item 5.4 (C22/0523/14/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 23^rd October 2023, be signed as a true record.

The Chair accepted the minutes of the previous meeting of this committee, held on 23 October 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 a new Aldi foodstore (Use Class A1), car park, access, servicing and landscaping

LOCAL MEMBER: Councillor Elin Hywel

Link to relevant background documents

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

1.         Timescales

2.         In accordance with the approved plans.

3.         Materials in accordance with the plans unless otherwise agreed in advance with the Local Planning Authority.

4.         Retail conditions to restrict floor space area, no subdivision into smaller units.

5.         Shop opening times.

6.         Control of delivery times.

7.         Highways conditions in terms of completing the access, lane work, parking spaces and preventing surface water.

8.         Public protection conditions in terms of ventilation system/heat recovery unit, noise levels from mechanical equipment, barrier on the goods delivery bay.

9.         Building Control Plan

10.       Adhere to the mitigation measures in the Air Quality Assessment.

11.       Undertake the work in accordance with the landscaping plan and Soft Landscaping Maintenance and Management Plan, a need to replant within a period of five years.

12.       Welsh language improvement/mitigation measures/bilingual signage.

13.       In accordance with the lighting plan.

14.       In accordance with the Ecological Survey Report.

15.       In accordance with the Environmental Management Plan.

Notes:

1.         Large-scale development

2.         SUDS

3.         Highways - powers under Section 171/184 of the Highways Act 1980

4.         Observations from Welsh Water

5.         Observations from Public Protection

6.         Observations from NRW

Construction of a new Aldi food store (A1 use class), car park, access, 

servicing and landscaping

Some of the Members had visited the site on 10-11-23.

Attention was drawn to the late observations form which contained further information regarding a Sustainable Drainage System consent, a copy of a letter from JLL offering observations on the wording of parts of the report, the Policy Unit's response to said letter, and an explanatory note regarding the access. 

a)      The Development Control Team Leader highlighted that this was a full application to construct a new food store off the A499 Caernarfon Road, which is one of the main roads into and out of Pwllheli.  The proposal also included:

·         The creation of a new access onto Caernarfon Road together with 114 parking spaces, to include disabled and parent and child spaces, an electric vehicle charging point, motorcycle spaces and a secure storage for bicycles.

·         Provision of a walking/cycle path near Caernarfon Road and a zebra crossing.

·         Provision of a bus shelter opposite the site on Caernarfon Road.

·         Introduction of a lower speed limit of 30mph along Caernarfon Road.

·         Provision of an electricity sub-station

·         Soft landscaping work.

It was explained that the site was located within the town's development boundary - and formed part of a wider site allocated for housing (T28) in the Local Development Plan (LDP). It lay within the Llŷn and Enlli Landscape of Outstanding Historic Interest and part of the site formed the candidate wildlife site of Penlon Caernarfon.

The officer referred to the assessment that had been made of the main matters, such as the development's impact on the housing allocation and on retail in the town centre.

Although the site had been allocated for housing in the LDP, a Viability Assessment had been received which stated, based on the current housing market, that it was not viable to develop the site for housing and that the applicant was stating that the proposal was essential to facilitate a residential provision on the site - it was unrealistic that any residential use would be brought forward in future without this development. Consequently, by introducing the alternative use of a supermarket the site would be unlocked, enabling some degree of residential development rather than none at all. It was also highlighted that the site had been marketed for residential use since 2020 and that no offers had been received on it. It was agreed that the development of part of the site for the proposed retail use facilitated the opportunity for the rest of the designation to be brought forward for the expected residential use, and based on evidence submitted with the application, that a departure from the LDP's relevant housing policies could be justified in this case.

In the context of the proposal's impact on existing shops and Pwllheli town centre, it was highlighted that Planning Policy Wales (PPW) stated that the need for a store may be quantitative or qualitative, but precedence should be given to establishing the  ...  view the full minutes text for item 6.

Full application for the erection of seven dwellings along with associated works to include improvement to the existing access, associated internal access road and landscaping.

LOCAL MEMBER: Councillor Beca Roberts

Link to relevant background documents

DECISION: To delegate powers to approve the application subject to receiving a red book valuation of the houses to be able to determine a discount on the affordable homes, a 106 affordable housing agreement and conditions relating to the following:

1.         Commencement within five years

2.         Development to comply with the approved plans

3.         Use Welsh roofing slates or similar slates

4.         Agree on external materials

5.         Removal of Permitted Development Rights from the affordable units to ensure their affordability

6.         Welsh Water Condition

7.         Highways Conditions

8.         The recommendations of the Preliminary Ecological Assessment must be observed

9.         The recommendations of the Arboriculture Assessment must be observed

10.      Landscaping conditions

11.      The recommendations of the Contaminated Land Risk Assessment must be observed

12.      A Welsh name for the housing estate and individual houses

13.      Restrict the use to C3 use class only

Note -             Welsh Water

          Sustainable Drainage System

          Transportation Unit

          Trees Unit

Full application for the erection of seven dwellings together with associated works to include improving the existing access, associated internal access road and landscaping.

Some of the Members had visited the site on 10-11-23.

Attention was drawn to the late observations form which stated that the Public Protection Unit had confirmed that there may be a risk of noise and odours due to the houses' proximity to agricultural buildings, but the Unit was unaware of any guidance or regulations that specified distances between such buildings. It was also noted that a revised plan had been received on 27.10.2023 showing a bin storage area near the entrance. The Transportation Unit and the Waste and Recycling Service had confirmed that the arrangement was acceptable on the basis that the Council would not be responsible for the storage area - this would be ensured by placing a note on the application.

a)       The Development Control Team Leader highlighted that this was a full application to construct seven dwellings with associated works to improve the existing access, create landscaped areas and an internal access road on a plot of land that was currently used by an electrical contractor business. It was intended to keep the existing office building on the site, which was associated with the business, but it would involve developing the surrounding land and demolishing an existing workshop to facilitate the construction of the new dwellings and the access road. The plan was for two of the new houses to be intermediate affordable dwellings.

The application had been submitted to the Committee on 23 October 2023 when a decision was made to conduct a site visit.

The site was located on a brownfield site within the Tregarth Local Village development boundary as defined by the Local Development Plan (LDP), but the site had not been designated for any specific use.  It stood within a designated Special Landscape Area and the Dyffryn Ogwen Landscape of Outstanding Historic Interest, and within the buffer zones of two Scheduled Monuments namely CN202 Parc Gelli Huts and CN417 Penrhyn Quarry Railways, which also formed part of the UNESCO World Heritage Site.

In terms of the principle of the development, it was noted that Tregarth was identified as a Local Village under policy TAI 4 which permitted housing developments in order to meet the Plan's strategy by using suitable windfall sites within the development boundary. It was reiterated that appropriate evidence had been received noting that the scheme would help meet the local community's recognised housing needs. It was therefore considered that the proposal was consistent with the objectives of policies TAI 4, PCYFF 8 and PS 17 and that the principle of the development was consistent with the Local Development Plan's (LDP) housing policies.

In the context of the location, design and visual impact of the proposal, it was reported that the layout, design and materials of the proposed development would be appropriately suited to the location. It was considered that the houses had been designed to  ...  view the full minutes text for item 7.

Vary condition 5 on planning permission C21/0575/00/LL so that 3 of the dwellings must be used for residential use within class C3 and 3 of the dwellings used for either use class C3 or use class C6

LOCAL MEMBER: Councillor Rob Triggs

Link to relevant background documents

DECISION: To refuse

The proposal to amend the condition to use 3 of the units for holiday accommodation C6 use class is unacceptable on the basis that the combined number of second homes and holiday accommodation in the Barmouth Town Council area is 18.40%, which is over the threshold of 15% and is considered to be an over-provision in the Supplementary Planning Guidance:

Tourist Facilities and Accommodation.  As a result, the Local Planning Authority has not been convinced that the development will not lead to excessive accommodation of this type in the area as noted in criterion v of Policy TWR 2 of the Anglesey and Gwynedd Joint Local Development Plan. 

Vary condition 5 of planning permission C21/0575/00//LL so that three of the dwellings must be used for residential use within the C3 use class, and three of the dwellings to be used either within C3 or C6 use class.

Attention was drawn to the late/additional observations form - a letter dated 16 November 2023 had been sent to the Members and the Planning Unit responding to the report.

a)      The Senior Planning Officer highlighted that this was an application to vary condition 5 of planning permission C21/0575/00/LL so that three of the dwellings were to be used for residential use within use class C3, and three of the dwellings to be used either within use class C3 or C6.  Application C21/0575/00/LL had been approved on 6 December 2022 for the conversion and change of use of a single dwelling into 6 one-bedroom flats.  It appeared that the previous permission had not yet been implemented and that it remained as one house. Condition 5 of permission C21/0575/00/LL stated: -

"The living unit/s hereby permitted must only be used for residential use within the C3 Use Class as defined by the Town and Country Planning (Use Classes) Order 1987 (as amended) and not for any other use, including any other use within C Use Classes."

Since the application related to the variation or removal of a condition, it was explained that it was necessary to consider whether the condition remained relevant under the national guidance and met the six criteria in the Welsh Government Circular: The Use of Planning Conditions for Development Management.  In addition, the Members were reminded of the changes that had been made to the Town and Country Planning (Use Classes) Order last year in respect of the use classes of residential units, with C3 use remaining for a sole or main residence. Two additional use classes had been introduced (class C5 second home use in a different manner to a sole or main residence, and class C6 for short-term holiday lets). Furthermore, a report was presented to the Cabinet on 13 June 2023 outlining the matters and the justification for issuing an Article 4 Direction to enable the management of the transfer in use from residential houses to holiday use (second homes and holiday lets).

In this context a condition was placed on permission C21/0575/00/LL, restricting the occupancy of the units to permanent residential dwellings (C3), and consideration was given to the relevant housing policies at the time.

Policy TWR2 was considered and although the proposal complied with most of the criteria, the application failed on criterion 5 of Policy TWR 2 of the LDP, which notes that the development should not lead to an over-provision of such accommodation in the area. Although a Business Plan had been submitted with the application (which met the policy requirements), Supplementary Planning Guidance: Tourist Facilities and Holiday Accommodation notes that applications for holiday accommodation should not be approved when 15% or more of the housing stock is in holiday use (including  ...  view the full minutes text for item 8.

Single Storey Extension to create day / training room and Office

LOCAL MEMBER: Councillor Cai Larsen

Link to relevant background documents

DECISION: To approve

1.         Five years to commence the work.

2.         In accordance with plans.

3.         Any changes or upgrades to the foul water drainage system must be agreed prior to using the extension.

4.         Finish to match with the existing building.

5.         Biodiversity Enhancements

Note

Welsh Water Letter

Single-storey extension to create a training / day room and office.

a)    The Senior Planning Officer highlighted that this was a full application to build a single-storey extension to the side of the Y Deri building, which was located outside the development boundary between Caernarfon and Bontnewydd, therefore it was a countryside site, despite its location in a small cluster of five properties. It was explained that Y Deri provided a domiciliary care service and that the extension would measure 10 metres long and 8.8 metres at its widest point. 

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

It appeared that the building had been used as a domiciliary care business for 17 years and that the extension would facilitate their service, to be used as a day room for their clients and for staff training purposes. It was highlighted that the statements received with the application explained and justified the need for the extension. It was considered that the proposal supported the economic prosperity of an existing business, and therefore complied with criterion 4 of policy PS 13 and policy PCYFF 1 and PS 5 of the LDP.

In the context of visual amenities, it was noted that the proposal would only be visible from the adjacent public footpath and would otherwise be enclosed by buildings; it was considered that the size, scale and design of the proposal was acceptable and complied with policy PCYFF 3; due to the location of the extension on the site compared with the nearby houses, and the location of the boundary wall, it was not considered that the proposal would have any impact on the amenities of nearby residents.

Reference was made to neighbours' concerns which noted that a septic tank was shared on the site and that it was not of sufficient capacity to cope with the additional extension. It was reported that the tank was located in an adjacent field and that the extension would not directly affect it, and that the proposal itself was unlikely to cause a substantial increase in the use made of it. It was reiterated that the neighbours had raised civil matters and were matters that would be managed by Building Control. Nevertheless, attention was drawn to the suggestion to include a condition noting that agreement was needed on any changes or upgrading work to the foul water drainage system before using the extension.

Reference was also made to road concerns, based on the condition and suitability of the existing access, and increase in traffic and the speed of vehicles travelling along the track towards the site. In response, it was not considered that the increase in traffic would be substantial as the business had been holding activities during the day already, and that the staff being trained would be existing staff, with the possibility of one additional staff member. It was reiterated that the Transportation Unit did not have any objection to the application and that the extension would not  ...  view the full minutes text for item 9.