Agenda, decisions and minutes

To accept any apologies for absence.

Apologies were received from Councillor John Pughe Roberts

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

a)     The following Members declared that they had an interest in relation to the item noted:

·        Councillor Gruffydd Williams (a member of this Planning Committee), in item 5 on the agenda, as he was the applicant.⁠

·        Councillor Huw Rowlands (a Member of this Planning Committee), in item 6.2 C23/0916/05/LL on the agenda, because he was the clerk of Llanfrothen Community Council.

The Members were of the opinion that it was a prejudicial interest, and they did not participate during the discussion or vote on the application.

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

·        Councillor Elin Walker Jones (not a member of this Planning Committee), in relation to item 6.1 (C24/0916/11/DT) on the agenda

·        Councillor Gareth Tudor Jones (a member of this Planning Committee) in relation to item 6.3 (C24/0689/42/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 order, it was reported that since the Chair and Deputy Monitoring Officer were joining the meeting virtually, the Assistant Head of Department would be announcing the results of the voting on the applications.

The Chairman shall propose that the minutes of the previous meeting of this committee, held on the 9^th of December 2024, be signed as a true record.

The Chair signed the minutes of the previous meeting of this committee, held on 9 December 2024, as a true record.

To consider whether the Authority should make a Definitive Map Modification Order.

DECISION:

Contrary to the recommendation, to register the public footpath on the Definitive Map and Statement, Nefyn Harbour, Town of Nefyn – and note the date of November 2021

Reason:  Sufficient evidence of 20 year use

To consider whether the Authority should draw up a Definitive Map Modification Order.

Attention was drawn to the late observations form.

a)     The Access Team Leader highlighted that an application had been submitted to the Council, under Section 53 of the Wildlife and Countryside Act 1981 to register a public footpath in the town of Nefyn on the Definitive Map. The application was made on the grounds that the public had walked along this path, as if they had the right, unhindered and consistently, without concealment and without the landowner's permission over a continuous period of twenty years.

The application had been received from Councillor Gruffydd Williams in its amended form in November 2021. It was explained that the claimed footpath started at a junction with Public Footpath number 19 in the Town of Nefyn (point B on the Plan), and then led down a narrow, steep path with many steps, along the sandy beach; then on to the front of many residential properties and beach huts, before terminating beyond the sea wall (point E on the Plan).

It was explained, after receiving the application and taking legal advice, it was considered essential for the Council to refuse the application for the following reasons: -

·        Failure 1:  The section of the path claimed cannot be identified between points B to E on the plan on the ground and that the path did not have any discreet boundaries. It was not possible to confirm whether actual use had been made of it (either by the public or otherwise), as it did not exist in an identifiable way on the ground. Specifically, it was argued when walking, that members of the public tended to use the path claimed or any other part of the beach depending on the location of the tide. There was a requirement in law to obtain assurance of the extent of the claimed path to the degree in which it could be ensured that it was identifiable on the ground. It was considered that it was not possible to clearly identify the path on the ground and therefore this requirement could not be satisfied, and it would not be possible for anyone who objected to this application to have grounds for objection.

·        Failure 2:  It was considered that the path had been mainly used by the users or owners of the beach huts or boatowners on the beach. Specifically, the claimed path did not have a link to the highway or public rights of way network at its termination at point E. As the public, in general, never used the path, it was not possible to consider such use as a right, and consequently, it was not possible to satisfy the code of presumed dedication under section 31 (1) of the Highways Act 1980. 

Attention was drawn to the relevant legislative framework, highlighting the fact that the only consideration was the evidence and that factors such as public safety, desirability, suitability or need for the path could not  ...  view the full minutes text for item 5.

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.

Two storey rear extension 

LOCAL MEMBER: Councillor Elin Walker Jones

Link to relevant background documents

RESOLVED: To defer a decision and conduct a site visit

Two-storey extension at the rear of the property

a)           The Planning Manager highlighted that this application was for the demolition of an existing multi-purpose room at the rear of the property and erecting a two-storey flat roof extension. It was explained that the property was a semi-detached property in a residential area in the city of Bangor, with the application submitted to the Planning Committee at the request of the local member.

Reference was made to the objections received. In terms of design and appearance, it was considered that this type of extension was not unexpected in residential areas, and therefore it would not have an unacceptable visual impact. In response to the comments that raised concerns about loss of light, it was noted that a detailed assessment of the impacts had concluded that the impact of the extension would not be harmful, based on the loss of light or oppressive impact (despite it being a two-storey extension, it was only 0.5m longer than the existing rear extension).

Attention was drawn to the late observations form which referred to the cumulative impact of adaptations with planning permission, permitted adaptations (i.e., extensions and alterations that did not require planning consent) and the cumulative impact of the proposal. It was explained that the plans submitted showed the impact of all proposed elements, and therefore it was possible to alter the situation as a whole. Individual consideration was not given to the porch, the gable end extension on the side of the roof and the dormer window in the back, due to the extant permission, as well as the fact that it would be possible to build the flat roof extension, which is the subject of this application, without completing the rest of the alterations. Consequently, the Officers were not of the opinion that the cumulative impact of all of these elements were harmful should they all be implemented.

Reference was made to the objections received regarding the broader water overflow problems on the street in general, as well as the development's impact on the area's drains. It was noted that the observations received from Welsh Water asked for a condition to prevent additional flows of surface water into the sewerage system. The Council's Drainage Unit did not object to the proposal. Despite acknowledging the concern, there was no robust evidence to highlight that the extension would affect or worsen the current situation. Subject to the nature of the drains, private or as a part of the public drainage system, it was reiterated that there would be protection either through the building control procedure or Welsh Water rules, therefore it was not considered that there was a planning reason to object to the proposal based on drainage matters.

Having considered all relevant planning matters, the local and national policies and guidance, the proposal was considered to be acceptable. The Officers recommended to approve the application with conditions.

b)           Taking advantage of the right to speak, an objector to the application made the  ...  view the full minutes text for item 7.

Application for the use of land for storing and treating and recycling inert/non-hazardous waste arising from works related to the Eryri Visual Impact Provision (SVIP) Project 

LOCAL MEMBERS: Councillor June Jones, Nia Jeffreys, Gwilym Jones and Meryl Roberts 

Link to relevant background documents

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

1.       Development to commence within 12 months of permission date.

2.       Development permitted to cease within 5 years of notification of commencement. The development hereby permitted shall cease immediately in the event of early or premature cessation of the winning and working of minerals at the site (Chwarel Garth).

3.       In accordance with the plans and submitted details.

4.       Nothing other than inert waste excavation material from the SVIP development shall be imported to the site.

5.       Operator/developer shall provide log of material imported to the LPA within 10 days of request (information to contain origin, tonnage, description of material, date and times of movement and fate).

6.       Restriction of relevant GPDO rights for buildings, structures, private ways, floodlighting, fencing etc.

7.       Mark boundary of permitted area prior to commencement.

8.       Biodiversity enhancement agreed prior to commencement.

9.       Copy of determination and approved plans to be shown at the Garth Quarry site office.

10.      Hours of working (to match mineral permission).

11.      Oil, fuel and chemical storage on impervious bases and bunded.

12.      Monitor site for presence of non-native invasive species.

13.      Noise level restrictions (specific levels to match mineral permission).

14.      Noise levels restrictions for temporary operations (specific levels to match mineral permission).

15.      Annual noise monitoring/survey.

16.      Vehicles, plant and machinery to operate within maximum noise emission levels of manufacturer specification and not operated without appropriate sound deadening screens, casework, enclosures and silencers.

17.      ‘White noise’ reversing alarms for mobile plant and vehicles.

18.      Dust mitigation measures carried out in accordance with condition 23 of Mineral Planning Permission (C16/1385/05/MW).

19.      Surface of site access to county highway to kept clean and no mud/debris to be deposited on highway.

20.      Environmental log of dust complaints kept and to be made available to the LPA within 14 days of request.

21.      The import of inert waste material shall be restricted to the use of the existing dedicated haul routes.

22.      Loaded vehicles leaving site to be sheeted or treated to avoid emission of dust (for material under 75mm).

23.      Condition to retain bilingual signage for the duration of the development.

24.      Lighting scheme to avoid any effects on bat flight paths.

25.      Pollution Prevention Plan to ensure that all measures are taken to avoid any pollution entering watercourses and the Glaslyn.

26.     Biodiversity improvement measures.

27.     Monitoring and control of invasive plant species during the permit period.

An application for a temporary waste transfer station in Chwarel Garth to receive, store, treat and process non-reactive materials from the Eryri/Snowdonia Visual Impact Provision Project.

Attention was drawn to the late observations form.

a)       The Senior Minerals and Waste Planning Officer highlighted that the inert waste recycling activities would be for a temporary period to coincide with the SVIP development. It was explained that the application site was adjacent to a part of the quarry where the crushing activities already happened and the proposal would use the existing infrastructure in the quarry, such as transport roads, weighbridge, offices and access to the highway.

In the context of the principle of the proposal, it was noted that the Waste Hierarchy, Planning Policy Wales, TAN 21 and the Welsh Government document "Towards Zero Waste", noted that by treating waste, there should be a reduction in waste products and waste diverted from landfill sites by recycling and reusing where possible. In addition, emphasis is placed on the minerals planning policies to promote the use of secondary/alternative aggregates in order to reduce the dependency on primary rock extraction and protecting the County's hard rock land bank.

In terms of local policies, it was explained that the principle of establishing a waste management facility was based on policies PS 21, GWA 1 and GWA 2. Although the site had not been allocated in policy GWA 1, the policy states that it is possible to establish the waste management facility in existing quarries if there is justification and no detrimental impact. In addition, policy GWA 2 sets criteria that waste management proposals must comply with. In this case, it was highlighted that a need had derived specifically from the SVIP work by the National Grid. No waste deriving from other sources being treated - this only refers to the management of the inert waste materials produced by the excavation and tunnelling work. It was highlighted that the information submitted with the application proposed a total of slightly more than 250,000 tonnes in order to prepare for any inconsistencies in the preliminary estimate. The proposal stated that material would be imported to the site at an annual rate of 75,000 tonnes, which would equate to a period of 3.3 years.

It was expressed that there is no closer designated site for the SVIP development and that nobody within the area would be able to provide for the substantial amounts of waste material that will be produced.

In the policy context of MWYN 1 and MWYN 5 which consider the need to safeguard the County's minerals resources, there was an intention to use the temporary quarry's existing infrastructure in order to recycle inert waste into secondary aggregates.  It was noted that conditions would need to be imposed that the waste was specifically from the SVIP project.

In the context of visual and residential minerals, the site is within the Special Landscape Area of Aber Glaslyn and Dwyryd and Aberglaslyn Landscape of Outstanding Historical Interest. The proposal  ...  view the full minutes text for item 8.

Full application for the construction of 9 affordable dwellings (C3 class use) with associated development including extending existing estate road, create parking spaces and landscaping

LOCAL MEMBER: Councillor Gareth Tudor Jones

Link to relevant background documents

RESOLVED: To delegate powers to the Head of Environment Department to approve the application, with the following conditions:

1.       Time

2.       Development to comply with the approved plans

3.       Affordable housing condition

4.       Agree on external materials including the roofing slates

5.       Withdrawing permitted development rights

6.       Welsh Water Condition

7.       Highways Conditions

8.       Biodiversity Conditions

9.       Need to submit a Construction Management Plan prior to commencing the development work

10.     There must be a Welsh name for the housing estate and individual houses.

11.     Restrict the use to C3 use class only

12.     Landscaping to be completed

13.     Agree proposed lighting arrangements for the site.

Note: 

Dŵr Cymru

Sustainable Drainage

Natural Resources Wales

Full application to construct 9 affordable houses (use class C3) with associated developments, including extending an existing estate road, creating parking spaces and landscaping

Attention was drawn to the late observations form.

a)     The Planning Manager highlighted that the application site was partly located within the development boundary of Morfa Nefyn (3 units falling within the development boundary and 6 units completely outside the boundary) and therefore in the context of the principle of the development, the application needed to be justified due to the development boundary and that the housing figures for Morfa Nefyn had already exceeded the indicative supply figure identified within the LDP.

It was explained that the evidence submitted with the application included information from Tai Teg which showed that 17 people were eligible to buy an intermediate house and 6 people wanted a rented house. It was reiterated that information had been received from the Planning Policy Unit this showed that almost 75% of Morfa Nefyn households had been priced out of the housing market and the Housing Strategic Unit had confirmed that the proposal met the need in the area. With the proposal proposing 100% affordable housing, including the units within the development boundary, it was considered that the need had been proven and that there was justification for the development.

It was highlighted that the houses would be developed by the Council through the Tŷ Gwynedd Scheme and they would be sold based on part ownership, which means that they could be purchased at an affordable price. ⁠This meant that the Council would retain a percentage of equity in every property to secure an affordable purchase price and ensure that the units would remain as affordable units in the future. It was reiterated that the application noted that the units could be let at an intermediate rent, offering a discount of approximately 20% on similar prices in the open market - these matters to be managed by imposing a planning condition.

It was noted that the houses would form an extension to the existing estate and the design of the houses being relatively standard. It was considered that the layout, design and materials of the proposed development were appropriately in keeping with the location and that the size of the houses met the requirements of the SPG for affordable housing.  Considering the location, design, orientation, and size of the proposed houses, it was not believed that there would be any significant detrimental impact deriving from this development and it was reported that objections had not been received from the public following the consultation period.

A Welsh Language Impact Assessment was received as part of the application, which concluded that the proposed development has a general beneficial impact on the Welsh language and the community in Morfa Nefyn; affordable housing provision met the need, and the need had been proven for local residents. The Statement noted, by providing affordable housing that are targeted to meet local need, those who are looking for affordable  ...  view the full minutes text for item 9.