Agenda, decisions and minutes

To accept any apologies for absence.

Apologies were received from Councillors Elin Hywel and John Pughe Roberts.

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 Elwyn Jones (a member of this Planning Committee), in item 5.1 (C23/0959/15/AC) and 5.2 (C23/0463/18/LL) on the agenda.

·         Councillor Peter Thomas (not a member of this Planning Committee), in item 5.7 (C21/08912/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 the 15^th of January 2024, be signed as a true record.

The Chair accepted the minutes of the previous meeting of this committee, held on 15 January 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.

Application to amend condition 1 of planning permission reference C21/0934/15/AC for installation of underground 132KV grid connection cables between the Glyn Rhonwy Storage Facility and Pentir Substation so as to extend the development commencement period for an additional 2 years.

Local Members: Councillors Kim Jones, Elfed Williams, Menna Baines, Elwyn Jones, Sasha Williams, Iwan Huws and Berwyn Parry Jones

Link to relevant background documents

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

1.            5 years

2.            Complete the development in accordance with the conditions attached to permission C16/0886/15/LL and any details agreed through the condition release requests.

Application to amend condition 1 of planning permission reference C21/0934/15/AC for the installation of underground 132kV grid connection cables between the Glyn Rhonwy Pumped Storage Facility and Pentir Substation to extend the development commencement period for an additional 2 years.

Attention was drawn to the late observations form which included an update to the relevant planning history.

The Development Control Team Leader highlighted that an application to amend the condition relating to the commencement period of the development was granted in January 2022 under reference C21/0934/15/AC so as to provide an additional two years, i.e. until 10/1/2024.

It was explained that the principle of the development of installing an underground cable to connect the Glyn Rhonwy pumped storage generating station with the Pentir substation had already been established by the Local Planning Authority by means of planning permission C16/0886/15/LL and the application before them involved extending the development's operating period by an additional 2 years by amending condition 1 of application C21/0934/15/AC.  It was confirmed that there were no changes to the plan and that the process of releasing conditions associated with the original planning permission continued. However, the importance of considering whether local and national planning policy circumstances or the policy position had changed since the application was originally granted was highlighted.  Only if there was evidence of a significant change in position could the proposal be considered differently in the context of local relevant policies relating to the acceptability of the principle of this latest application - Policy ISA 1 'Infrastructure Provision' and policy PS 7 'Renewable Technology'. Policy ISA 1 of the Local Development Plan (LDP) states

It was reported that the proposed cable path runs through the 'North-Western Fringes of Snowdonia' Special Landscape Area, the 'Dinorwig' Landscape of Outstanding Historic Interest and borders the 'North-West Wales Slate Landscape' World Heritage Site; the intention was to lay an underground cable in line with the guidance in policy PS 7.

It was reiterated that the principle of creating a pumped storage generating station at Glyn Rhonwy quarry had already been accepted and approved by the Secretary of State for Business, Energy and Industrial Strategy granting a Development Consent Order in 2017. Permission for a non-material amendment to the Development Consent Order was granted by Welsh Ministers to extend the operational period. The work of creating a grid connection could usually be considered as an Associated Development but here in Wales it could not be approved as part of the process; therefore, a separate formal application for permission must be submitted in line with the Planning Act.  The principle was deemed acceptable and that this element was a necessary follow-up step to the planning permission already granted by ensuring a link between the electricity generating site and the distribution site.

In the context of visual, general and residential amenities it was accepted that this type of work, particularly given that it would be undertaken on the verges of busy public roads, would be likely to affect local  ...  view the full minutes text for item 6.

Retrospective application to convert an outbuilding to holiday let

Local Member: Councillor Elwyn Jones

Link to relevant background documents

DECISION: To defer in order to host further discussions with the applicant

-       need to discuss the mitigation measures to reduce the development's impact on residential amenities in terms of disturbance and privacy

Retrospective application to convert an outbuilding to a holiday let.

Some of Members had visited the site on the morning of 05-02-2024.

a)             The Planning Manager highlighted that this was a full retrospective application to convert an outbuilding to a holiday let. ⁠As the proposal had already been completed without planning permission, a retrospective application had been 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. A decision on the application was deferred at the Planning Committee on 15-01-24 for Members to visit the site.

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. ⁠

⁠In considering the criteria, it was noted that the building already existed and was not a new building - it was located within the curtilage of the existing property and made good use of a used building that was ancillary to the residential property.  It was considered that the scale was appropriate as it did not create a holiday let that was excessively large, and as the unit was already being used as an outbuilding it did not lead to the loss of permanent housing stock. It was reiterated that the unit was located in a rural area near individual scattered houses, and as a result would not cause significant damage to the residential character of the area as it was a sprawling residential housing location.

It was highlighted that any application to convert an existing building should include a full structural survey by a qualified person indicating that the building would be structurally suitable for conversion without undertaking substantial reconstruction, alterations and extensions. ⁠ It was noted that no structural report had been included with the application as the property had already been converted - there was no value to a structural report as the alterations had already been completed on site.

There was a reference to paragraph 3.2.1 TAN 23: Economic Development, which noted that the re-use and adaptation of existing rural buildings had an important role to play in meeting the needs of rural areas for commercial and industrial development, and tourism, sport and recreation. It was emphasised that the building in question needed to be suitable for use.

When considering over-concentration and responding to the criterion - "that the development would not lead to an over-concentration of such accommodation in the area", it was highlighted that it should be ensured that a Business Plan was submitted as part of the application to include the necessary information in terms of the vision for the proposal and to ensure there was a market for this type of use (paragraph 6.3.67 of the LDP). It was noted that a Business Plan had been  ...  view the full minutes text for item 7.

Application to vary condition 1 on planning permission C18/0993/26/LL (which extended permission C09A/0412/26/LL for the erection of 12 dwellings and associated works) in order to extend the time granted to commence work for another five years.

Local Member: Councillor Menna Trenholme

Link to relevant background documents

DECISION:

To delegate the power to the Head of Planning to approve the application

1.         5 years

2.         In accordance with the plans

3.         Slate on the roof

4.         Highway conditions - entrance, estate road, turning space, kerbs, footway, height of wall/hedge/fence

5.         Details of fencing and flooding diversion

6.         Plan of system to control surface water

7.         Environmental Management Plan - to include lighting scheme and biodiversity improvements

8.         Construction Environmental Management Plan

9.         The applicant should adopt and comply with plan number TR-01-VR in the Tree Restrictions Preliminary Report (03.06.13) submitted with application number CO9A/0412/26/LL, and to also appoint a tree specialist and ensure that the obstructions are removed  

10.       All the work on the trees must be carried out in accordance with British Standard 5837: 2012

11.       Landscaping

12.       Removal of permitted delegated rights for the affordable units

13.       To agree on external finish

14.       The southern gable-end window of dwelling 5 on plan number BP/CB/12 submitted as part of application number C09A/0412/26/LL must be of opaque glass and permanently closed  

15.       Welsh names must be used for the development hereby permitted to include the name of the houses and the streets

16.       The houses 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

17.      Affordable Housing Scheme agreement condition

18.      Biodiversity Condition

Application to vary condition 1 on planning permission C18/0993/26/LL (which extended planning permission C09A/0412/26/LL to erect 12 dwellings and associated works) to extend the time granted to commence the work for another five years.

Attention was drawn to the late observations form which contained observations regarding the Affordable Housing arrangement, residential use, Biodiversity matters and further comments from the Language Unit responding to the revised language statement.

a)         The Development Control Team Leader highlighted that it was an application to vary condition 1 on planning permission C18/0993/26/LL to extend the period of the planning permission on the site for another 5 years.  The site was located on a plot of land within the development boundary of Caeathro Local Village as defined in the LDP and it was reiterated that there were no changes to the original plan.

It was explained that the development of the site had been prevented in the past due to the concerns of Welsh Water regarding the capacity of the sewerage system to cope with the foul water that would derive from the site.  The concerns had now been resolved.  It was highlighted that the proposal consisted of five types of houses ranging from two-bedroom semi-detached houses to detached four-bedroom houses, satisfying the recognised need for housing within the local area; four of the 12 dwellings would be affordable (a 106 Agreement was already in place to control their occupation).

The importance of considering whether local and national planning policy circumstances or the policy position had changed since the original application was granted was noted.   The proposal could only be considered differently if there was evidence of a substantial change in circumstances in the context of relevant policies.

Application C09A/0412/26/LL (the original application) was assessed against the policies in the Unitary Development Plan, i.e., the Development Plan in effect at that time and later application C18/0993/26/LL extending the original consent was assessed against the policies within the LDP.  As the LDP remained in force, there was no change in the local planning policy position since the time the previous application had been assessed.

It was explained that the application site as a whole was located within the Caeathro development boundary as contained in the LDP and the proposal complied with the requirements of Policy PCYFF 1 which aimed to locate new developments within the development boundaries.   It was expressed that Policies TAI 4 and TAI 15 were the relevant policies in terms of housing development within the boundaries of a Local Village such as Caeathro. These secure open market housing with a percentage of affordable housing, provided that the size, scale, type and design of the development were in keeping with the settlement's character.

In the context of visual amenities, it was noted that the site was identified as being in a fairly prominent spot in the centre of the village and adjacent to a busy road.  Most of the houses would be visible from nearby public places but they would not be noticeable from  ...  view the full minutes text for item 8.

Development of 4 (varying in size) commercial units inclusive of new vehicular and pedestrian access with car parking

Local Member: Councillor Dafydd Meurig

Link to relevant background documents

DECISION: To delegate powers to the Assistant Head of Environment Department to approve the application subject to completing discussions regarding archaeology as well as relevant planning conditions relating to:

1.         The commencement of the development and submitting reserved matters

2.         All materials to be agreed

3.         Submission of a Biodiversity Enhancement Plan prior to the commencement of the                      development 

4.         Landscaping scheme

5.         Welsh Water Condition

6.         Highways Conditions

7.         Permitted use of buildings for any purposes within Use Class B1, B2 or B8 only

8.         Ensure Welsh / Bilingual signs

9.         Opening Hours: 08:00 to 18:00 Monday to Friday, 09:00 to 17:00 Saturday and not at all on Sunday / Bank Holidays

10.       A Welsh name for the development and ensure that there is Welsh language signage    within the site.

            Notes

1.         Welsh Water

2.         Land Drainage Unit

Development of 4 commercial units (of varying sizes) inclusive of new vehicular and pedestrian access with car parking.

It was highlighted that the late observations form noted that a Welsh Language Statement had now been submitted together with additional plans displaying the site layout and indicative elevations for a new building on Plot 3 of the site - the plans were consistent with the scale, design and overall industrial nature of the location.

a)        The Planning Manager highlighted that this was an application for outline planning permission to develop four commercial buildings of various sizes on one of the empty plots within Bryn Cegin Business Park, Llandygai. ⁠

As this was an outline application, members were reminded that details of access to the site and the internal arrangement had been submitted - the reserved matters would have to be agreed before the planning permission could be implemented. Appearance, Landscaping and Scale. It was reiterated that it was proposed to obtain flexible permission for uses within Use Classes B1 (Business), B2 (General Industrial) or B8 (Storage or Distribution) - the application being one of three current applications for on-site developments.

·         C23/0844/16/AM Outline application to develop 4 commercial units (of varying sizes) including a new access for vehicles and pedestrians with a car park (this application).

·         C23/0849/16/LL - Full application to construct new industrial units (on the southern part of this application site) - item 5.5

·         C23/0850/16/LL - Full application to construct new industrial units (on the north eastern part of this application site) - item 5.6

It was explained that the site was situated on the Bryn Cegin Strategic Regional Business Site approximately 1km south of the development boundary of the Bangor Sub-regional Centre, as defined in the LDP and within the Dyffryn Ogwen Landscape of Outstanding Historic Interest. Reference was made to Policy PCYFF 1 of the LDP that encourages the refusal of developments outside the development boundaries, unless they are in accordance with other specific local or national policies. ⁠ ⁠In this case, when considering its designation as a Business Site in the LDP, there was proper justification to approve this development. 

In the context of Economic Development, Parc Bryn Cegin is protected as a Regional Strategic Business Site for businesses in Use Classes B1, B2 & B8 by policy CYF 1 of the LDP and therefore the proposal is consistent with that policy. During the consultation process the Economy and Community Department confirmed that there was a shortage of such units in the area and the development would meet with recognised demand. It was reiterated that Strategic Policy PS 13 in the LDP aimed to facilitate economic growth by supporting many aspects of the local economy including supporting economic prosperity by facilitating growth at an appropriate rate. It was highlighted that this was a scheme to enable employers to set up a business locally on a strategically significant site. The proposal for suitable uses was considered to be at an appropriate scale for the location within such an industrial site  ...  view the full minutes text for item 9.

Construction of new industrial units

Local Member: Councillor Dafydd Meurig

Link to relevant background documents

DECISION: To delegate powers to the Assistant Head of Environment Department to approve the application subject to completing discussions regarding archaeology as well as relevant planning conditions relating to:

1.         Commencement time

2.         Development must be in accordance with the plans

3.         All materials to be agreed ⁠

4.         Submission of a Biodiversity Enhancement Plan prior to the commencement of the development

5.         Landscaping scheme

6.         Welsh Water Condition

7.         Highways Conditions

8.         Permitted use of buildings for any purposes within Use Class B1, B2 or B8 only

9.         Ensure Welsh / Bilingual signs

10.       Opening Hours: 08:00 to 18:00 Monday to Friday, 09:00 to 17:00 Saturday and not at all on Sunday / Bank Holidays

Notes

1.         Welsh Water

2.         Land Drainage Unit

Construction of new industrial units.

Attention was drawn to the late observations form that highlighted that a Welsh Language Statement had now been submitted – this went beyond the statutory requirement.

a)      The Planning Manager highlighted that it was a full application for a new building to include four business units on one of the vacant plots within Bryn Cegin Business Park, Llandygai with a view to developing the site for uses within use class B2 (General Industrial) in accordance with the permission for the estate as a whole.  ⁠

Access to the site would be provided via the existing vehicular entrance which provided access from the inner road that served the wider Parc Bryn Cegin site and it was proposed to provide hard-standings for parking and turning in front of each unit.  

It was explained that the application site was located outside the development boundary of the Sub-regional Centre of Bangor as defined in the LDP, however, it was part of a site protected as a Strategic Regional Business Site. It was reiterated that Policy PCYFF 1 of the LDP encouraged the refusal of developments outside development boundaries unless they were in accordance with other local or national planning policies. In this case, when considering its designation as a Business Site in the LDP, there was appropriate justification to approve such developments at this location. ⁠ ⁠

It was noted that in the context of access the development would use a road network designed for the industrial estate and therefore the existing infrastructure was designed to cope with similar transport levels to what had been envisaged. The site could be managed by means of conditions. ⁠

The proposal was not considered to be contrary to any material planning policy within the LDP and the proposed development was appropriate for the site, it complied with the relevant policies and was likely to be of strategic importance to the county as a starting point for business developments on the site. Having taken all material planning considerations into account it was not considered that the proposal would be likely to cause unacceptable adverse effects to nearby residents or the community in general.

b)    It was proposed and seconded to approve the application stating that it was good to see a development in Parc Bryn Cegin after twenty dormant years.

RESOLVED To delegate powers to the Assistant Head of Environment Department to approve the application subject to completing discussions regarding archaeology as well as relevant planning conditions relating to:

1.             Commencement time

2.             Development must be in accordance with the plans

3.             All materials to be agreed

4.             Submission of a Biodiversity Enhancement Plan prior to the commencement of the development

5.             Landscaping scheme

6.             Welsh Water Condition

7.             Highways Conditions

8.             Permitted use of buildings for any purposes within Use Class B1, B2 or B8 only

9.             Ensure Welsh / Bilingual signs

10.           Opening Hours: 08:00 to 18:00 Monday to Friday, 09:00 to 17:00 Saturday and not at all on Sunday / Bank Holidays

Notes:  ...  view the full minutes text for item 10.

Construction of new industrial units

Local Member: Councillor Dafydd Meurig

Link to relevant background documents

DECISION: To delegate powers to the Assistant Head of Environment Department to approve the application subject to completing discussions regarding archaeology as well as relevant planning conditions relating to:

1.         Commencement time

2.         Development must be in accordance with the plans

3.         All materials to be agreed ⁠

4.         Submission of a Biodiversity Enhancement Plan prior to the commencement of the development

5.         Landscaping scheme

6.         Welsh Water Condition

7.         Highways Conditions

8.         Permitted use of buildings for any purposes within Use Class B1, B2 or B8 only

9.         Ensure Welsh / Bilingual signs

10.       Opening Hours: 08:00 to 18:00 Monday to Friday, 09:00 to 17:00 Saturday and not at all on Sunday and Bank Holidays

            Notes

1.    Welsh Water

2.    Land Drainage Unit

Construction of new industrial units.

Attention was drawn to the late observations form that highlighted that a Welsh Language Statement had now been submitted – this went beyond the statutory requirement. ⁠

a)        The Planning Manager highlighted ⁠that it was a full application for a new building to include four business units on one of the vacant plots within Bryn Cegin Business Park, Llandygai with a view to developing the site for uses within use class B2 (General Industrial) which was in accordance with the permission for the estate as a whole.  ⁠

Access to the site would be provided via the existing vehicular entrance which provided access from the inner road that served the wider Parc Bryn Cegin site and it was proposed to provide hard-standings for parking and turning in front of each unit. 

It was explained that the application site was located outside the development boundary of the Sub-regional Centre of Bangor as defined in the LDP, however, it was part of a site protected as a Strategic Regional Business Site. ⁠It was reiterated that Policy PCYFF 1 of the LDP encouraged the refusal of developments outside development boundaries unless they were in accordance with other local or national planning policies. ⁠In this case, when considering its designation as a Business Site in the LDP, there was appropriate justification to approve such developments at this location. ⁠ ⁠

It was noted that in the context of access the development would use a road network designed for the industrial estate and therefore the existing infrastructure was designed to cope with similar transport levels to what had been envisaged. The site could be managed by means of conditions. ⁠

The proposal was not considered to be contrary to any material planning policy within the LDP and the proposed development was appropriate for the site, it complied with the relevant policies and was likely to be of strategic importance to the county as a starting point for business developments on the site.  Having taken all material planning considerations into account it was not considered that the proposal would be likely to cause unacceptable adverse effects to nearby residents or the community in general.

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

RESOLVED To delegate powers to the Assistant Head of Environment Department to approve the application subject to completing discussions regarding archaeology as well as relevant planning conditions relating to:

1.         Commencement time

2.         Development must be in accordance with the plans

3.         All materials to be agreed

4.         Submission of a Biodiversity Enhancement Plan prior to the commencement of the development

5.         Landscaping scheme

6.         Welsh Water Condition

7.         Highways Conditions

8.         Permitted use of buildings for any purposes within Use Class B1, B2 or B8 only

9.         Ensure Welsh / Bilingual signs

10.       Opening Hours: 08:00 to 18:00 Monday to Friday, 09:00 to 17:00 Saturday and not at all on Sunday and Bank Holidays

Notes:

1.         Welsh Water

2.         Land Drainage Unit

Creation of new football pitch and erection of new storage shed.

Local Member: Councillor Peter Thomas

Link to relevant background documents

DECISION:

To delegate powers to the Assistant Head of Environment Department to approve the application subject to completing discussions regarding archaeology as well as relevant planning conditions relating to:

1.                5 years

2.                In accordance with plans and documents

3.                No containers or other equipment to be kept outdoors

4.                ⁠No lighting on the site without agreement

5.                Landscaping 

6.                Landscape maintenance

7.                Welsh / bilingual signs

8.                Provision of disabled parking spaces

9.                Additional car parking spaces to be completed before the new pitch is used

10.              Contaminated land survey work condition

11.              In accordance with the noise management plan

12.              Archaeological survey work condition

Creation of new football pitch and erection of new storage shed.

a)         The Planning Manager highlighted that this was a full application for the creation of a new football pitch and the erection of an additional storage shed adjacent to the existing football pitch. The football pitch would be slightly smaller in size than a full-sized pitch, and it was not proposed to install any floodlights. ⁠

A revised site plan was submitted, highlighting existing parking along with a land drainage system.

The site was located outside the Talysarn development boundary, but on the outskirts of the village inside a Special Landscape Area, Landscape of Special Historic Interest and Wildlife Site and the site was served by an existing entrance and access road to a nearby class 3 and unclassified county road. 

It was explained that policy ISA 2 Community Facilities applied to this application and aimed to protect existing community facilities and encourage the development of new facilities where appropriate. Although the application does not propose new facilities (in terms of land use), it would significantly improve and enhance the existing facilities and was likely to benefit the school and the wider community. It was reiterated that the site was easily accessible by foot, bicycle and public transport, and it was considered that the scale and type of proposal was appropriate in terms of size, character and function of the settlement. The proposal was therefore considered acceptable in principle and was in compliance with policy ISA 2. ⁠ ⁠ ⁠

In the context of visual, general and residential matters, it was noted that the site was located adjacent to an existing football pitch with associated activities already on the site. However, it was considered that the current use of the application site was occasional and informal and did not include full football matches. Although the site backed onto a residential area, it was not considered that the proposal would have a different impact to what already existed. The site was associated with several amenity paths which were regularly used by the public and it was considered that the use of the site as a whole would be more intense as a result of the site's development. ⁠ ⁠ ⁠

Comments had been received from Public Protection recommending that the applicant submit a Noise Management Plan that covered matters such as hours and days of use, community liaison, complaints procedures and the required response/timescales, and prevention of unauthorised use. In addition, it was suggested that a condition be imposed to manage the development hours, and also a condition to manage the noise level emanating from the site were included when it was operational to ensure that the proposal met with the policy requirements of PCYFF 2. 

Comments received in objection to the proposal were acknowledged, however, it was not considered that the proposal, with appropriate conditions, would cause significant adverse disruption to the residential amenities of nearby dwellings, and would not alter public use of the nearby footpaths.

In the context of Biodiversity matters, it was noted  ...  view the full minutes text for item 12.