Agenda, decisions and minutes

To accept any apologies for absence.

None to note

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 Cai Larsen (a member of this Planning Committee), in item 5.4 (C21/0564/23/LL) on the agenda as he was a Member of the Adra Management Board

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

·         Councillor Elwyn Jones (a member of this Planning Committee), in item 5.1 (C23/0463/18/LL) on the agenda

·         Councillor Elwyn Jones (a member of this Planning Committee), in item 5.2 (C23/0864/04/LL) on the agenda

·         Councillor Craig ab Iago (not a member of this Planning Committee), in item 5.3 (C22/0585/22/LL) on the agenda

·         Councillor Beca Brown (not a member of this Planning Committee), in item 5.4 (C21/0564/23/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, 11^th December 2023, be signed as a true record.

The Chair accepted the minutes of the previous meeting of this committee, held on 11 December 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.

Retrospective application to convert an outbuilding to holiday let. 

LOCAL MEMBER: Councillor Elwyn Jones

Link to relevant background documents

DECISION: Conduct a site visit

Retrospective application to convert an outbuilding to a holiday let.

Attention was drawn to the late observations form which included a response to concerns about the development in the context of the quality and safety of the construction work, how the building can be used without planning permission and whether appropriate insurance was in place.

a)         The Planning Manager highlighted that this was a retrospective application to convert an outbuilding to a holiday let. Because the above proposal had already been completed without planning permission, a retrospective application was submitted. It was explained that the unit had been an outbuilding which was being used as an ancillary use to the Plas Coch property. The outbuilding had now been renovated and converted into one modern holiday unit.

It was highlighted that the principle of the proposal was assessed against policy TWR 2 'Holiday Accommodation' in the Local Development Plan (LDP) that permitted proposals that involved the provision of self-serviced holiday accommodation provided the proposal complied with a series of criteria, i.e.:

                  i.         In the case of new build accommodation, that the development is located within a development boundary, or makes use of a suitable previously developed site;

                 ii.        That the scale of the proposed development is appropriate given the site, the location and/or the dwelling in question;

                iii.        That the proposal will not result in a loss of permanent housing stock; 

                iv.        That the development is not sited within a primarily residential area or does not significantly harm the residential character of an area; 

                 v.         That the development does not lead to an over-concentration of such accommodation within the area.

When considering the criteria, it was noted that the building already existed and was not a new building - it made good use of a building that had been used as ancillary to the residential property.  The building was located within the curtilage of the existing property and therefore made use of a suitable previously developed site. It was believed that the scale was reasonable as it did not create a holiday let that was excessively large, and because the unit was already being used as an outbuilding it did not lead to the loss of permanent housing stock. It was added that the unit was located in a rural area close to individual dwellings that were scattered around, and as such it did not cause significant harm to the area's residential character as there were scattered residential dwellings around the location.

It was noted that any application to convert existing buildings should include a full structural survey report by a qualified person noting that the building would be structurally sound for conversion without requiring substantial reconstruction, adaptations or extensions. It was noted that no structural report had been included to accompany the application as the property had already been converted - there was no value to a structural report as the changes had already been completed on the site.

There was a reference to paragraph 3.2.1 TAN 23: Economic Development,  ...  view the full minutes text for item 6.

Construction of new agricultural dwelling (Re-submission)

LOCAL MEMBER: Councillor Elwyn Edwards

Link to relevant background documents

DECISION: To approve the application contrary to the recommendation, subject to the following conditions:

1.    In accordance with the plans.

2.    Five years.

3.    Materials / finishes

4.    Rural enterprise use condition

5.    Restricted to C3 use only.

6.    Landscaping

7.    Biodiversity enhancements.

8.    Details of the boundary fence

9.    A Welsh name for the development

Note

SUDS

Protect the public footpath

Construction of new agricultural dwelling (Resubmission)

Attention was drawn to the late observations form which contained observations from the Biodiversity Unit and Natural Resources Wales

a)    The Development Control Team Leader highlighted that this was a full application for erecting a new agricultural dwelling and detached garage on a plot of land in Parc y Derw Goed, Llandderfel.

The site lay within an elevated position, far outside any recognised development boundary and was therefore a site in open countryside. The site was served by a byway track, and public footpath number 42 Llandderfel ran to the north of the site. The site was within a Special Landscape Area designation, and had been recognised as a Phosphate Special Area of Conservation (SAC). The fields to the south of the site had been recognised as Local Wildlife Sites.

It was explained that the application was a resubmission of application no. C23/0409/04/LL for exactly the same proposal. The application was refused on 17 July 2023 under delegated rights as the Local Planning Authority was not convinced that the proposal met the locational needs for an agricultural dwelling because of its distance from the farm.

A Design and Access Statement, letters of support from NFU Cymru and the Agri Advisor Service, together with a Business Plan from Farming Connect (confidential) were submitted as part of the application.

The application was submitted to the Committee at the local member’s request.

It was reiterated, as a result of the need to preserve and protect the countryside, that very special justification was required to approve the construction of new houses there, and therefore, new dwellings in the countryside were only approved in exceptional circumstances. Those exceptional circumstances under which new dwellings in the countryside may be approved were included in Technical Advice Note 6 (TAN6): Planning for Sustainable Rural Communities - July 2010, prepared by the Welsh Assembly Government.

A Business Plan was submitted as part of the application, prepared by Farming Connect, which confirmed that the applicant had been farming in partnership with his father since 2012. The Business Plan provided the background of the enterprise together with details about the size of the holding, stock numbers, labour requirements and financial details about the enterprise's viability. The proposal would therefore be a second dwelling on an established farm, with the applicant running the farm with his father. Reference was made to the following criteria, noting when considering the need that:

a)  there was a clearly established existing functional need;

b)  the need related to a full-time worker, and did not relate to a part-time requirement;

c)   the enterprise concerned had been established for at least three years, profitable for at least one of them, and both the enterprise and the business need for the job, was currently financially sound, and had a clear prospect of remaining so;

d)  the functional need could not be fulfilled by another dwelling or by converting an existing suitable building that was already on the land holding comprising the  ...  view the full minutes text for item 7.

Erection of one affordable dwelling with associated access, parking and landscaping (revised scheme).

LOCAL MEMBER: Councillor Craig ap Iago

Link to relevant background documents

DECISION:

·         To defer the application in order to receive written evidence of the applicant's situation with Tai Teg.

·         Consider reducing the footprint of the dwelling

·         Consider options to separate the land / reduce the size of the land plot

Application for erecting an affordable dwelling with access, parking and associated landscaping (amended plan).

Attention was drawn to the late observations form which contained observations from the Policy Unit.

a)         The Development Control Team Leader highlighted that this was a full application for erecting an affordable dwelling with access and a parking space, together with associated landscaping. It was noted that the site was located within an agricultural field on the outskirts of the village of Penygroes along a narrow road that turned into a public footpath at the far end that ran between the field that was the subject of the application and the last house in the village (Glaslyn). It was explained that the application was a resubmission of that refused under reference C21/0430/22/LL, and previously C20/0853/22/LL.

It was noted that the proposal submitted included an e-mail from the agent, dated 15.07.2022, attaching a Tai Teg letter dated 28 November 2019, stating as follows: "Your application has been approved. You can now proceed to search for a property on the Tai Teg website and to make an application should you find a suitable property. Please note:- it is important that you read the following in order to understand what needs to be completed should you apply for the property." It did not appear that the applicant had been assessed in detail for constructing his own affordable house and although the Council requested further evidence of the applicant's need for an affordable self-build house with the application, it did not receive a response in the lifetime of the application, and these discussions went back to March 2023.

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

In the context of the principle of the development, it was explained that the site was located outside the Penygroes development boundary as noted in the LDP. Policy PCYFF 1 ('Development Boundaries') stated that proposals outside development boundaries would be refused unless they were in accordance with specific policies in the Plan or national planning policies or that the proposal showed that its location in the countryside was essential.   Policy TAI 16 'Exception Sites' stated that provided it could be shown that there was a proven local need for affordable housing which could not be delivered within a reasonable time-scale on a market site within the development boundary, as an exception, proposals for 100% affordable housing plans on sites immediately adjacent to development boundaries that formed a logical extension to the settlement would be granted.

It did not appear from the information submitted with the application that the application site touched the development boundary, with a gap between the site and the development boundary (which appeared to be a public footpath). In planning policy terms the site was defined as a location in open countryside and, therefore, was not relevant to be considered in terms of Policy TAI 16, 'Exception Sites', which was supported in the Supplementary Planning Guidance 'Affordable Housing'.

In this respect, paragraph 6.4.36 of the LDP  ...  view the full minutes text for item 8.

Application for the erection of 3 affordable residential units (two dwellings and a bungalow).

LOCAL MEMBER: Councillor Beca Brown

Link to relevant background documents

DECISION: To delegate powers to the Head of Environment Department to approve the application, subject to a 106 agreement to transfer the units to a housing association, along with the following conditions:

1.    In accordance with the plans.

2.    Five years.

3.    Land drainage

4.    Materials

5.    Removal of permitted development rights

6.    Welsh Water Condition

7.    Highway conditions (completion of entrance, parking, estate road and bin collection area)

8.    Landscaping

9.    Biodiversity enhancements

10.  Details of the boundary fence

11.  A Welsh name for the development / estate road and the individual dwellings.

12.  Restricted to C3 use only.

13.  A condition for protecting the cesspool area.

Application for the erection of three affordable residential units (two houses and a bungalow)

Attention was drawn to the late observations form which contained observations from the  Strategic Housing Unit.

a)    The Planning Manager highlighted  that this was a full application for the erection of three social affordable houses, a pair of two-storey houses and one bungalow. It was intended to construct a new entrance to create an access road within the site as well as provide eight parking spaces and a bin collection area. It was explained that the application was originally submitted for four two-storey houses but the plan was amended to three following public objections and the officers' concerns regarding the plan. The application was submitted to committee because of the local interest and objection to the application.

In terms of the principle of the development, it was noted that the proposed houses were located between the site of the Glyntwrog public house and a single-storey semi-detached house known as Bryn Siriol. It was added that the site was on a slight slope and had not been designated for a specific use; the site was outside the development boundary of Llanrug, but immediately abutted the development boundary of Llanrug as defined in the LDP. It was explained that Llanrug had been identified as a Local Service Centre in the LDP but since the site was located outside the development boundary, policy TAI 16 ('Exception Sites') applied to the proposal. Policy TAI 16 enabled housing developments on sites that were outside, but abutted the development boundary but it had to be ensured that the proposal complied effectively with Policy requirements.

The indicative supply level of housing for Llanrug over the Plan period, as noted in Appendix 5 of the LDP, was 61 units (including a 10% 'slippage allowance', which meant that the method of calculating the figure had taken into account potential unforeseen circumstances which could influence the provision of housing, e.g. land ownership matters, infrastructure restrictions, etc.). During the period 2011 to 2023, a total of 51 units had been completed in Llanrug (37 on windfall sites and 14 on housing designations T44 and T45). The windfall land bank, i.e. sites with extant planning permission on sites not designated for housing, in April 2023, was five units. One unit on designation T44 (Cae'r Ysgol) remained in the land bank (started in April 2023). This therefore was a shortfall of four units.

Based on this information, and since this development would not mean that Llanrug exceeded its indicative supply level, there was no need for a justification based on the number of houses in Llanrug. Nevertheless, as the site was located outside the development boundary and could be considered as a rural exception site, policy PCYFF 1 and TAI 16 also asked for justification.

Policy TAI 15 and SPG Affordable Housing, required that new houses were of a size, scale and design that were in keeping with an affordable house. In accordance with the  ...  view the full minutes text for item 9.