Agenda, decisions and minutes

To accept any apologies for absence.

Apologies were received from Councillors Huw Wyn Jones and Gareth Roberts; Local Members: Councillors: Elwyn Jones, Linda Ann Jones and Rhys Tudur

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

a)               Councillor Huw Rowlands (a Member of this Planning Committee), in item 5.3 C23/0556/19/LL on the agenda, because he was the clerk of Bontnewydd Community Council.

The Member believed that it was a prejudicial interest, and he withdrew from the meeting during the discussion on the application and did not vote on the application.

b)               Miriam Williams (Legal Services), in item 5.1 C24/0011/30/AM on the agenda because she knew the applicant.

The officer believed it was a prejudicial interest, and she left the Chamber during the discussion on the application.

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

·        Councillor Gareth Williams (not a member of this Planning Committee), in item 5.1 C24/0011/30/AM on the agenda

·        Councillor Menna Trenholme (not a member of this Planning Committee), in item 5.3 C23/0556/19/LL on the agenda

To note any items that are a matter of urgency in the view of the Chairman for consideration.

As a matter of course, it was reported that since the Chair was joining the meeting virtually, the Legal Officer would announce the results of the voting on the applications.

The Chairman shall propose that the minutes of the previous meeting of this committee, held on, 24^th June 2024 be signed as a true record.

The Chair signed the minutes of the previous meeting of this committee, held on 24 June 2024 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.

Outline application with some matters reserved (appearance, landscaping) for the provision of 5 self-build plots for affordable dwellings

LOCAL MEMBER: Councillor Gareth Williams

Link to relevant background documents

DECISION: To approve with conditions 

1.    Time

2.    In accordance with the plans

3.    Materials

4.    Affordable housing condition

5.    Highway conditions

6.    Biodiversity condition/biodiversity enhancements

7.    NRW condition

8.    Welsh Water Condition

9.    Reserved Matters condition

10.  Removal of PD rights for extensions and restrict to C3 residential use only

11.  Protect the public footpath.

Outline application, with some reserved matters (appearance, landscaping) to create five self-build plots for affordable housing.

a)     The members were reminded that the Committee had deferred the decision in April 2024 to be able to visit the site and to give the applicant the opportunity to submit more information. It was reported that the site visit had been undertaken and that a Housing Statement, Landscape Statement and Plot/Site Valuation had been received from the applicant, and the application had been re-amended in light of the additional information. It was stated that the original recommendation had been to refuse the application for three reasons, namely: the visual impact of the development, lack of information regarding the need and housing mix, and lack of information to be able to complete an assessment under the Habitats and Species Protection Regulations.

It was reported that in respect of biodiversity, the Biodiversity Unit had confirmed that because the site was 750 metres north of the Pen Llŷn a'r Sarnau SAC, the development would not cause loss of marine habitats or cause noise in the sea which could disturb marine mammals (dolphin, whale, seals). Neither would it cause harm to coastal processes, and it was highly unlikely that pollution from the development could reach the sea. As a result, it was concluded that the development was unlikely to have an impact on the SAC and that the proposal was now acceptable and in accordance with the requirements of policies PS 19 and AMG 5.

In the context of 'need' issues, based on the housing statement and likely valuation of the plots that had been received, together with information from the Strategic Housing Unit, the overall need was considered to have been proved. It was reiterated that the individuals would still need to prove the 'need' fully through the Tai Teg assessment process, but by imposing and discharging an affordable housing condition before commencing any development work, there would be an opportunity to confirm the type of tenure, housing mix and an opportunity for the individuals to complete the Tai Teg assessment process.

With the application only being outline, it was noted that it was not possible to value any property until detailed plans were in place. Nevertheless, a high-level valuation had been received, based on the size of a 94m² 3-bedroom house on the open market which was in line with the size of a 3 bedroom two-storey house in the SPG Affordable Housing and was therefore relevant for consideration in the context of the application. The valuation appeared to show that a discount could be applied, but a discount of around 40% would be required to ensure affordability. It was also noted that consideration could be given to applying an individual discount on each dwelling based on its final design, through a condition discharge application and a section 106 agreement. Consequently, since receiving the additional information, and given the ability to impose a condition to agree on the provision of affordable housing, the officers  ...  view the full minutes text for item 6.

Change of use from a nursing home (Use Class C2 - residential institutions) into a serviced hostel for holiday use (Unique Use) with ancillary warden's living accommodation (re-submission).

LOCAL MEMBER: Councillor Elwyn Jones

Link to relevant background documents

DECISION: TO REFUSE, contrary to the recommendation

Reasons:

·         Concern regarding the nature, scale and density of the development and its effect having a negative impact on the residential amenities of local residents - contrary to policy PCYFF 2 and TWR 2

·         Over-use of the narrow road leading to the site

Outline application, with some reserved matters (appearance, landscaping) to create five self-build plots for affordable housing.

a)     The members were reminded that the Committee had deferred the decision in April 2024 to be able to visit the site and to give the applicant the opportunity to submit more information. It was reported that the site visit had been undertaken and that a Housing Statement, Landscape Statement and Plot/Site Valuation had been received from the applicant, and the application had been re-amended in light of the additional information. It was stated that the original recommendation had been to refuse the application for three reasons, namely: the visual impact of the development, lack of information regarding the need and housing mix, and lack of information to be able to complete an assessment under the Habitats and Species Protection Regulations.

It was reported that in respect of biodiversity, the Biodiversity Unit had confirmed that because the site was 750 metres north of the Pen Llŷn a'r Sarnau SAC, the development would not cause loss of marine habitats or cause noise in the sea which could disturb marine mammals (dolphin, whale, seals). Neither would it cause harm to coastal processes, and it was highly unlikely that pollution from the development could reach the sea. As a result, it was concluded that the development was unlikely to have an impact on the SAC and that the proposal was now acceptable and in accordance with the requirements of policies PS 19 and AMG 5.

In the context of 'need' issues, based on the housing statement and likely valuation of the plots that had been received, together with information from the Strategic Housing Unit, the overall need was considered to have been proved. It was reiterated that the individuals would still need to prove the 'need' fully through the Tai Teg assessment process, but by imposing and discharging an affordable housing condition before commencing any development work, there would be an opportunity to confirm the type of tenure, housing mix and an opportunity for the individuals to complete the Tai Teg assessment process.

With the application only being outline, it was noted that it was not possible to value any property until detailed plans were in place. Nevertheless, a high-level valuation had been received, based on the size of a 94m² 3-bedroom house on the open market which was in line with the size of a 3 bedroom two-storey house in the SPG Affordable Housing and was therefore relevant for consideration in the context of the application. The valuation appeared to show that a discount could be applied, but a discount of around 40% would be required to ensure affordability. It was also noted that consideration could be given to applying an individual discount on each dwelling based on its final design, through a condition discharge application and a section 106 agreement. Consequently, since receiving the additional information, and given the ability to impose a condition to agree on the provision of affordable housing, the officers  ...  view the full minutes text for item 7.

Development of 21 residential units comprising of 6 one- bedroom flats, 12 two-bedroom flats and 3 three-bedroom houses, with associated landscaping and vehicular access.

LOCAL MEMBER: Councillor Menna Trenholme

Link to relevant background documents

DECISION: TO REFUSE

Reasons:

1.    The proposal is contrary to the requirements of Policies PS 17, TAI 1 and TAI 8 of the Gwynedd and Anglesey Joint Local Development Plan (2017) as it is considered that the applicant has not submitted sufficient evidence with the application to convince the Local Planning Authority that there is a need for additional one- and two-bedroom flats in Bontnewydd considering that this proposal exceeds the indicative figure noted in the Plan and would create an imbalance in the type and mix of small units within the village, and no evidence has been received that the proposal would respond positively to the needs of the local community.

2.    Evidence was not received about the need for the number of dwellings and up-to-date information within the Welsh Language Assessment to be able to assess whether the proposal meets the requirements of criterion 1c of Policy PS1 of the Anglesey and Gwynedd Joint Local Development Plan which requires a Welsh Language statement to demonstrate how proposed developments would protect, promote and strengthen the Welsh Language.  On this basis, the Local Planning Authority is not convinced that the proposal would not have a negative impact on the Welsh language in the plan area.

3.    The site lies within an area at risk of surface water flooding, and because sufficient information was not submitted with the Flood Consequence Assessment including a Water Conservation Statement which would have considered the safe development of the site and demonstrated that the proposed development would not displace surface water towards other properties, it is not believed that the proposal is acceptable based on flood risk and that it is, consequently, contrary to criterion 8 of policy PS 5, criterion 7 of policy PCYFF 2, criterion 6 of policy PCYFF 3, criterion 4 of policy PS 6, policy PCYFF 6 together with the instruction provided in paragraph 11.1 of Technical Advice Note 15.

4.    Insufficient information has been submitted as part of the application for assessing the impact of the proposal on the Special Area of Conservation, protected species and wildlife on the site. No Green Infrastructure Statement was submitted either, therefore the proposal is contrary to the requirements of policies PS19 and AMG 5 of the Anglesey and Gwynedd Joint Local Development Plan (2011-2026) which protect species and wildlife along with the requirements within Chapter 6, Edition 12 of Planning Policy Wales.

5.    The proposal is contrary to policy ISA 5 and the SPG for open spaces as there is no justification for the lack of provision of open spaces within the development while also taking account of the lack of evidence of the need for the number of dwellings and the high development density.

Development of 21 residential units comprising 6 one-bedroom apartments, 12 two-bedroom apartments and 3 three-bedroom dwellings along with associated landscaping and a new vehicular entrance. 

a)      The Development Control Officer highlighted that the site was located within the development boundary of Bontnewydd and was designated for 10 dwelling-units within the LDP.

In the context of the principle of the development, the developer's intention was to provide 21 new units. It was suggested that the provision of an additional 11 units was significantly higher than the 10 units set out in the development plan policies for this site in Bontnewydd. To this end, it was reported that justification was needed with the application outlining how the proposal for an additional 11 units would meet the needs of the local community.

In terms of assessing the element of affordable housing on the site, there had been considerable uncertainty by the developer during the application. Initially, he had intended to provide 100% of affordable housing, but the scheme was then changed to 50% affordable housing, and by today the plan was to provide 30% affordable housing which was 6 affordable units on the site. It was added that the applicant had not provided an open market valuation for the site nor for affordable units at an intermediate level. It was also noted that no valid information had been submitted to prove the need for one- and two-bedroom affordable (intermediate) flats within the village of Bontnewydd. Based on the lack of information, it had been very difficult for officers of the Council's Housing Unit to assess the true affordability of the residential units for the site.

Considering the discrepancies and the invalidity of the information submitted by the applicant, neither the Local Planning Authority nor the Housing Strategic Unit were convinced that the applicant had justified the provision of 11 additional residential units within the scheme or that the mix of 18 residential units as one- and two-bedroom flats were truly needed. As a result, the proposal was not considered to ⁠meet the needs of the local community in accordance with the LDP's housing policies.

In respect of visual amenities, it was reported that the area was mainly residential, and that the proposal in terms of its scale and setting was acceptable. Regarding design, it was noted that initial discussions had identified concern about movement / mobility within and across the site along with the site's accessibility for wheelchair users, because of varying levels across the site and the fact that no disabled parking spaces had been designated. The department had enquired about the treatment and cross-section levels of the northern boundary abutting the river, with the retaining wall extending along the northern boundary. It was recognised that there were concerns about the design and the lack of information regarding the levels and treatment of the northern boundary, and had other elements of the application been acceptable, further discussions or the imposing of conditions could have resolved these concerns. 

As part of the public  ...  view the full minutes text for item 8.

Application for 9 additional caravans on the caravan field

LOCAL MEMBER: Councillor Rhys Tudur

Link to relevant background documents

DECISION: TO REFUSE, contrary to the recommendation

Reasons:

·         The proposal is an over-development – it would create a cumulative tourism impact in an area where there is an excessive amount of existing touring and static caravans

·         It would cause harm to the visual quality of the landscape and would cause an unacceptable adverse impact on the amenities of local people, contrary to the objectives of policy TWR 5

An application for nine additional caravans on the caravan field

Attention was drawn to the Biodiversity Unit's observations on the late observations form, and to the appeal decision of November 2023

a)     The Planning Manager highlighted that the application involved increasing the number of touring caravans on the current site from 19 to 28, and that there was no intention to extend the boundaries of the site. It was explained that the proposal had been designed to meet licensing requirements in terms of spacing between units, and no concerns had been raised about the density of the units in relation to the size of the site. It was not considered that the proposal would be an over-development of the site, and there was sufficient space to locate nine additional units on the existing touring caravan site.

The criteria of policy TWR 5 were highlighted, which concluded that the proposal was acceptable in principle. It was noted that the policy considerations included access, proximity to the main roads network, visual impact, holiday use as a touring caravan site only, and no excessive provision of hard standings.

⁠The members were reminded that they had refused a planning application on the site (March 2023) but following an appeal the application had been approved (November 2023). Since then, the permission had been implemented and the site was being operated as a touring caravan site. On the previous application, concerns had been raised by Members about the cumulative impact given the site's proximity to other caravan sites in the area. Although there were several static and touring sites in the vicinity, the area in question was not an example of a location that was under extreme pressure from such tourism developments. Unlike policy TWR 3 that dealt with static caravan sites, cumulative impact was not a consideration within the criteria of policy TWR 5 since touring use was a temporary use, with less impact than static structures.  

However, the criteria themselves responded to the cumulative impact in the sense that sites in obtrusive places that were not close to the main roads network should not be permitted. Even during the winter months, the site was considered to be well screened by existing landscape features. Paragraph 6.3.81 of the policy was referenced, which stated that caravans should not be permitted in open locations near the coast nor within Areas of Outstanding Natural Beauty; this site was situated away from an open coastal location and there were no landscape designations in its vicinity. It was reported that the Afon Wen Farm touring site opposite was relatively well hidden, and although it might share the same visual context from the county highway, due to the nature of the vegetation it was not considered that the development would appear excessive or harmful to the landscape at this site. It was explained that the issue of cumulative effect had also been considered and dismissed by the Inspector as part of the appeal, therefore it was deemed that the cumulative effect  ...  view the full minutes text for item 9.

Conversion of the former Wynnes Arms from a vacant public house to five residential apartments

LOCAL MEMBER: Councillor Linda Ann Jones

Link to relevant background documents

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

1.    5 years

2.    In accordance with the amended plans

3.    The external walls of the extension and any work undertaken to the external walls to complement the existing property in terms of colour and texture.

4.    Restrict the occupancy of the flats to class C3.

5.    In accordance with the FCA

6.    In accordance with the Construction, Highways and Environmental Management Plan.

7.    ⁠Ensure that biodiversity improvements are undertaken in accordance with the Green Infrastructure Statement and plans prior to the flats being occupied for the first time.

8.    Parking spaces to be operational before the flats are occupied for the first time.

9.    Provision and securing of bin and bicycle storage.

10.  Ensure a Welsh name for the development and for the dwellings.

Notes:-

·         Vigilance of the presence of protected species when undertaking the work

·         Culvert note

·         Welsh Government’s Transportation Unit advice

·         Welsh Water Advice

SUDS

Conversion of the former Wynne's Arms into five residential flats

a)    The Development Control Officer highlighted that this was an application to convert a public house into five residential, self-contained flats (three 2-bedroom flats and two 1-bedroom flats), along with the creation of parking spaces and alterations to the access.   He explained that the use as a public house had ceased in early 2017 and the building had been closed. The existing building provided a public house facility on the ground floor, a storage cellar below and one flat that was located on the first and second floors.    The proposal would involve interior changes to create the flats, and the external changes would be limited to the side extension with slight alterations to the layout of window and door openings at the rear.

The building was described as being situated on a triangular plot in a prominent place in Manod, within the development boundary of Blaenau Ffestiniog and within a residential area. He highlighted that it was proposed to provide parking for 6 cars, a vehicular access to the county road and a small garden with a patio together with a space for storing waste bins and a bicycle storage.  

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

In terms of the principle of the development, it was noted that the principle of losing its use as a public house had been agreed by granting those previous applications, and there had been no change in circumstances since approving those applications.  Consequently, the Council had accepted the conversion of the public house for alternative use, therefore the loss of the property's use as a public house within the town would not contravene the policy on communal facilities in the LDP. It was explained that Policy TAI 9 permitted the sub-division of existing properties into self-contained flats provided they comply with the relevant criteria of the policy. From assessing the proposal against the relevant criteria, the proposal to convert the building into five flats was not considered contrary to the objectives of policy TAI 9.

⁠In light of the indicative housing supply level for Blaenau Ffestiniog, it was felt that the proposal could be supported. In accordance with criterion 4 of policy TAI 15, the applicant had submitted viability information which indicated that it was not viable to provide affordable housing as part of the application. This information had been assessed by the Planning Policy Team who agreed with the analysis, however it was highlighted that the open market prices of the flats were reasonable, and thus it was assumed that the flats would be affordable regardless. ⁠It was considered that the proposal complied with the requirements of policy TAI 15 of the LDP.

⁠Also, further to the legislative change regarding the use classes of residential units, it was intended to impose a condition that the flats were restricted to use class C3 only, namely dwelling-houses used as a sole or main residence.

In respect of general  ...  view the full minutes text for item 10.

Proposed erection of 10 no. affordable dwellings and associated development

LOCAL MEMBER: Councillor Gareth A Roberts

Link to relevant background documents

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

1.    Five years.

2.    In accordance with the plans/details submitted with the application.

3.    Compliance with the landscaping scheme together with future maintenance work.

4.    Secure a plan/arrangements for the provision of the affordable units e.g. occupancy criteria, timetable and arrangements to ensure that the units are affordable now and in perpetuity.  

5.    ⁠Compliance with the recommendations of the Ecological Survey, Arboricultural Impact Assessment and the Biodiversity Improvements Plan.

6.    Ensure a Welsh name for the development and for the dwellings together with signs that advertise and promote the development.

7.    Working hours limited to ⁠8:00-18:00 Monday to Friday; 08:00-13:00 Saturday and not at all on Sundays and Bank Holidays.

8.    Submission of a Construction Method Statement to the LPA to include measures to reduce noise, dust and vibration, parking of development operators' vehicles, loading/unloading of goods, storage of equipment on the site, security fences, facilities to wash wheels and a recycling/waste disposal plan.    

9.    Relevant conditions by the Transportation Unit. 

10.  Agree on the external finishes for the dwellings.

11.  Natural slate roofing.

12.  Ensure timely provision of the play area.

13.  Restrict occupancy of the Dwellings to C3 use.

Notes:            

·         Sustainable Drainage

·         Welsh Water

·         Natural Resources Wales

·         Transportation

A proposal to erect 10 no. affordable housing and associated developments.

Attention was drawn to the late observations form which contained observations from the Education Department, confirming there was adequate capacity to cope with the likely increase in pupil numbers from this development.

a)     The ⁠Development Control Team Leader highlighted ⁠ that this was a full application to erect 10 intermediate affordable dwellings in the form of 4 two-bedroom two-storey semi-detached houses and two terraces of 3 three-bedroom two-storey houses along with associated work on the redundant site of the former Coed Mawr Infants School, within a residential area and within the development boundary of Bangor. It was explained that the proposal was a re-design of the scheme permitted under application number C22/0525/11/LL to respond to drainage requirements, and although there was a material change from what had already been permitted in respect of the site's design and layout, there was no change in the total number of units, or the tenure method compared to the previous consent. It was considered that the application was consistent with the previous permission and that the principle of developing 10 intermediate affordable dwellings on this site remained acceptable.

It was added that the design and form of the proposed dwellings reflected a traditional design and incorporated contemporary elements within the design. Although some trees would be lost as a result of the proposal, the main trees that were of high quality would be preserved and it was aimed to further landscape the site. Consequently, the visual effect of the proposal was considered acceptable. Having debated the proposed distance between the dwellings, the setting and orientation of the proposed dwellings in relation to the existing houses nearby together with the existing trees and shrubs and the proposed landscaping along the boundaries of the site, it was not believed that the proposal would create oppressive structures or cause significant overlooking or loss of privacy at the expense of neighbouring occupants' amenities. It was noted that planning conditions would protect local residents' amenities during the construction work.

b)     Although he had apologised for his absence, the Chair noted that the Local Member wished to note that he was fully supportive of the development.

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

RESOLVED: To delegate the right to the Senior Planning Manager to approve the application, subject to the following conditions:

1.     Five years.

2.     In accordance with the plans/details submitted with the application.

3.     Compliance with the landscaping scheme together with future maintenance work.

4.     Secure a plan/arrangements for the provision of the affordable units e.g. occupancy criteria, timetable and arrangements to ensure that the units are affordable now and in perpetuity.  

5.     ⁠Compliance with the recommendations of the Ecological Survey, Arboriculture Impact Assessment and the Biodiversity Enhancements Plan.

6.     Ensure a Welsh name for the development and for the dwellings, and the signs advertising and promoting the development.

7.     Working hours limited to ⁠8:00-18:00 Monday to Friday; 08:00-13:00 Saturday and not at all  ...  view the full minutes text for item 11.

Full application for the demolition of three existing open market dwellings and erection of three replacement dwellings (to be used as holiday units), demolition of existing storage buildings, erection of 4 new build holiday units, relocation and replacement of existing static caravan (for holiday purposes) together with associated works and landscaping.

LOCAL MEMBER: Councillor John Brynmor Hughes

Link to relevant background documents

DECISION: To defer the application to allow time to respond and to discuss amended plans with the officers

Full application for the demolition of three existing open market dwellings and erection of three replacement dwellings (to be used as holiday units), demolition of existing storage buildings, erection of 4 new build holiday units, relocation and replacement of existing static caravan (for holiday purposes) together with associated works and landscaping.

a)     The Planning Manager highlighted that a request had come to hand from the applicant's agent for the committee to defer consideration of the application in order to allow time to respond and to discuss revised plans with the officers.

It was proposed and seconded to defer the application.

RESOLVED to defer the application to allow time to respond and to discuss revised plans with the officers.