Agenda and minutes

To accept any apologies for absence.

Councillors Elin Walker Jones, Dilwyn Lloyd and Cemlyn Williams.

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

(a)       The following members declared a personal interest in the following items for the reasons noted:

·            Councillor Berwyn Parry Jones in items 5.1 and 5.5 on the agenda (planning application numbers C14/0386/24/LL and C18/0838/11/LL) as he was a Member of the Board of Cartrefi Cymunedol Gwynedd.

·            Councillor Edgar Wyn Owen in item 5.2 on the agenda, (planning application number C17/1172/19/LL) as his son lived nearby.    

The Members were of the opinion that they were prejudicial interests, and they withdrew from the Chamber during the discussion on the applications.

(b)     The Head of Legal Services / Monitoring Officer declared a personal interest in item 5.2 on the agenda (planning application number C17/1172/19/LL), as the agent for the application was his brother in law. 

          The Planning Manager declared a personal interest in item 5.2 on the agenda (planning application number C17/1172/19/LL), as family friends had objected to the application and lived close to the site.

          The officers were of the opinion that they were prejudicial interests, and they withdrew from 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 Aeron M. Jones (not a member of this Planning Committee) in item 5.1 on the agenda, (planning application number C14/0386/24/LL);

·        Councillor Keith Jones (not a member of this Planning Committee), in items 5.4 and 5.5 on the agenda, (planning application numbers C17/0835/11/MG and C18/0838/11/LL);

·        Councillor Gruffydd Williams (a member of this Planning Committee), in item 5.6 on the agenda (planning application number C18/0955/42/RC). 

The Members withdrew to the other side of the Chamber during the discussion on the applications in question and did not vote on these matters.

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

The Chairman shall propose that the minutes of the previous meeting of this committee, held on, 17 December 2018, be signed as a true record.

The Chair signed the minutes of the previous meeting of this Committee, that took place on 17 December 2018, 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.

RESOLVED

Renewal of planning permission reference C08A/0568/24/LL and C09A/0532/24/LL for the erection of 24 dwellings including 12 affordable dwellings, alteration to present access and creation of estate roads (amended scheme to that originally submitted)

LOCAL MEMBER:    Councillor Aeron Maldwyn Jones

Link to relevant background documents

Renewal of planning application number C08A/0568/24/LL and C09A/0532/24/LL for the erection of 24 dwellings, to include 12 affordable houses, alterations to the existing entrance and the creation of estate roads (amended plan to the plan originally submitted).

(a)      The Planning Manager elaborated on the background of the application, noting that the application was deferred at the Committee meeting held on 17 December 2018, to enable an objector to speak on the application and to undertake a site visit. Some members had visited the site prior to the meeting.

It was explained that the original application had been approved by the Committee at a meeting on 14 December 2015. It was noted that as the applicant had delayed signing a legal agreement, the Anglesey and Gwynedd Joint Local Development Plan (JLDP) had been adopted in July 2017 and as a result there had been a change in the policy situation. The application had been assessed in accordance with current policies.

It was noted that the application was for 24 dwellings and 12 of these would be affordable dwellings. It was highlighted that the need for open market housing and affordable housing had been confirmed by the relevant bodies, and the policies supported this, therefore the application was considered to be acceptable in principle.

Attention was drawn to the objections received from nearby residents on the grounds of issues such as loss of privacy, noise nuisance and oppressive structures. It was explained that there was a varied distance of 23-31m between the rear of the existing houses and the rear of the proposed houses and it was deemed that this empty space, as well as existing vegetation and the design/location of the proposed houses, was acceptable on the grounds of protecting reasonable privacy and overlooking.

Reference was made to the objections received from local residents regarding the increase in traffic and the lack of footpaths, although these were recognised, the Transportation Unit had no objection to the proposed arrangement subject to the inclusion of appropriate conditions. It was also noted that the proposal was acceptable on the grounds of preparing facilities for parking, travelling and allowing access to the houses themselves, and was accessible based on its location.

It was noted that the Joint Planning Policy Unit had confirmed that the size of the open space for the development conformed to the requirements of Policy ISA5 of the JLDP and the requirements of the Supplementary Planning Guidance: Housing Developments and Open Spaces of Recreational Value. Although objections had been received from nearby residents to the location of the open space, it was considered that the location was acceptable bearing in mind that there was natural supervision of the space with a large number of houses within the development and no alternative use could be made of this section of the site, considering the building limitations due to its proximity to the gas sub-station and proposed sewage treatment works. It was expanded that if the open space was relocated then the existing location  ...  view the full minutes text for item 5.1

Change of use of former nursing home to create 4 self contained holiday units, construction of separate buildings to be used as a swimming pool.

LOCAL MEMBER:    Councillor Peter Garlick

Link to relevant background documents

Change of use of a former residential nursing home to create four self-contained holiday units, erect a separate building to be used as a swimming pool together with extensions and alterations to the existing building. 

(a)     The Development Control Team Leader elaborated on the background of the application, noting that the application had been deferred at the Committee meeting held on 25 June 2018, to receive further confirmation from the agent regarding some specific aspects of the application together with conducting a site visit. It was noted that the site visit was conducted on 23 July 2018.

          Reference was made to the numbers staying, noting that confirmation had been received that the number of guests would vary according to the season but that the likely number at any one time would be between 50% and 60% (up to 70 people) of the building's residential capacity.

          Attention was drawn to the additional observations received that included confirmation from the Council's Tourism Service that this type of provision was scarce in the county.

          It was noted that the road to the site was narrow and winding, however, it was not considered that the proposal would entail a substantial obvious increase and harm in terms of traffic movement compared to the historical use as a residential nursing home. Therefore, it was deemed that the proposal was not unacceptable in terms of the relevant requirements of policies TRA2 and TRA4 of the JLDP.

          It was explained that there was no control of the current use of the site and this application would improve the situation. It was noted that observations were received from the Joint Planning Policy Unit in terms of mitigating measures to protect and promote the Welsh language. It was recommended to impose an additional condition to what was stated in the report in terms of agreeing on signage and information packs.

The development was acceptable in terms of relevant local and national policies for the reasons noted in the report.

(b)     Exercising the right to speak, the applicant’s agent noted the following main points:-

·         That the proposal complied with Policy TWR2 of the JLDP;

·         The business plan submitted as part of the application indicated that the profit that would emanate from the development would increase; 

·         That a transport assessment had been submitted as part of the application;

·         The Transportation Unit did not object to the proposal;

·         Bearing in mind the established use of the site, the traffic situation would be no worse; 

·         The proposal was in accordance with local and national policies.

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

During the ensuing discussion, the following main observations were noted by members:

·         It was a beautiful building and it needed to be safeguarded from deterioration;

·         Concern regarding road safety, but use of the site could be controlled with conditions;

·         Given that the home's residents had not been car  ...  view the full minutes text for item 5.2

Demolition of existing dwelling and erection of 12 bedroom hotel (3 storeys) with parking area, sewerage treatment plant and alterations to the existing access, the existing summer house and gatehouse would be used as ancillary buildings to the proposed hotel.

LOCAL MEMBER:    Councillor Peter Garlick

Link to relevant background documents

Demolition of existing dwelling and erection of 12 bedroom hotel (three storeys) with parking spaces, sewage treatment tank and alterations to existing access, the existing Summer House and Gatehouse to be used as ancillary buildings to the proposed hotel.  

(a)     The Planning Manager noted that concerns had been received from objectors at the end of the previous week, in terms of sufficient notice to attend and prepare to speak at the Committee. The Committee was requested to defer the application to give the objectors more time to prepare.

          RESOLVED to defer the application.

Reserved matters of permission C14/1248/11/AM to erect 4 blocks of flats containing 70 living units.

LOCAL MEMBER:    Councillor Keith Jones

Link to relevant background documents

Reserved matters from outline planning permission C14/1248/11/AM to erect four blocks of flats to include 70 living units. 

(a)     The Development Control Team Leader expanded on the background to the application noting that the application involved reserved matters that included the scale, appearance and landscaping of the site. It was noted that the proposal would provide 24 one bedroom units and 46 two bedroom units. It was explained that the outline permission was for 77 units, however, in order to comply with the housing associations' building standards (DQR standard) and in response to a change in the housing market, the floor area of the units had increased and this meant a reduction of seven units on the site.

         It was highlighted that the plans had been amended since the original application submission, in order to:

·         Amend the location of windows to avoid and reduce overlooking.

·         Amendments to the design, mainly to rationalise the shape and form of the buildings. 

·         Alterations to materials and colours proposed.

·         Changes to the arrangements of units to ensure an acceptable standard of living for each unit e.g. windows and natural light.

         Attention was drawn to the additional observations that had been received.

         It was noted that the development was not bespoke student accommodation and was not to provide multiple occupation units and there was no planning consent for these types of uses on the site. 

         Reference was made to the cross-sections and elevations received from the applicant indicating how the development would sit within the site and its relation with nearby buildings. It was expanded that a montage had been received to show the appearance of the development from further views across the city. Attention was drawn to the montage that demonstrated that the use of grey shades on the upper sections of the blocks was a very important element to enable the development to acceptably blend-in. It was noted that it was considered that block two required grey cladding on the upper floors, as shown in the montage, to reduce the prominence of the floors from further elevations and a condition could be imposed to ensure this.

         It was noted that objections had been received regarding residential amenities including overlooking, it was recognised that there would be an impact, however, the alterations made to the plans were sufficient to satisfy the policies.

         It was highlighted that a large number of objections had been received on the grounds of a lack of parking spaces within the site and parking issues that already existed in the area. It was noted that the proposal would provide 70 living units with a mixture of one and two bedroom units and that the site plan indicated 67 parking spaces. It was explained that the parking standards required one parking space for each living unit, however, this referred to  ...  view the full minutes text for item 5.4

Demolish existing building and erect 9 affordable units for a local housing association, parking accomodation and landscaping.

LOCAL MEMBER:    Councillor Keith Jones

Link to relevant background documents

Demolition of existing building and erect nine affordable units for the local housing association, parking spaces and landscaping.

(a)     The Senior Development Control Manager elaborated on the background of the application, noting that the principle of erecting housing on the site was based on Policies PCYFF1, TAI1 and P55 of the JLDP.  He noted that as it would be a registered social landlord who would be responsible for all the units, they would all be available as affordable housing. It was highlighted that the site was within the development boundary, it was a previously developed site and was suitable for residential use. It was noted that the application was acceptable in principle.

         Attention was drawn to the additional observations that had been received.

         It was noted that the units had been designed in a three block form of varying heights with a variety of materials used on the building's external elevation. Considering the design, scale, form and materials of the development it was believed that it would be in keeping with the site and would not create an incongruous or oppressive structure within this part of the streetscape  

         It was reported that correspondence had been received from some local residents regarding the detrimental effect of the proposal on residential and general amenities in terms of loss of privacy, overlooking and noise nuisance, over development and the creation of an oppressive structure. The original plans had been amended in response to the objections, in order that the rear wall windows on the northern section of the new building were set at an angle to reduce any direct overlooking into nearby dwellings. It was added, in order to avoid any direct over-looking it could be ensured that stair windows, facing dwellings at the rear of the site, would be of opaque glass permanently.

         Reference was made to observations received from local residents stating concerns regarding the suitability of the access, although recognising the concerns the Transportation Unit had no objection to the proposal subject to including appropriate conditions with any planning permission.

The development was acceptable in terms of relevant local and national policies for the reasons noted in the report.

(b)     The local member (not a member of this Planning Committee) supported the application, noting that there was a need for housing in the area and that the proposal was in keeping with the area with a similar development by Cartrefi Cymunedol Gwynedd nearby.

RESOLVED to delegate powers to the Senior Planning Manager to approve the application, subject to the receipt of favourable observations from the Public Protection Unit and to the following conditions:-

1.     Five years.

2.     In accordance with the plans.

3.     Natural slates/materials.

4.     Highways.

5.     Biodiversity.

6.     Welsh Water.

7.     Withdrawal of permitted development rights (windows).

8.     Pollution / contamination

9.     Opaque glass for the windows in the stair area  ...  view the full minutes text for item 5.5

Remove section 106 that was signed on application 2/22/448B that restricts the use of building and land to agricultural use and no business or commercial use.

LOCAL MEMBER:    Councillor Gruffydd Williams

Link to relevant background documents

Deletion of Section 106 Agreement signed on application 2/22/448B restricting the use of the building and land to agricultural land and no business or commercial use. 

(a)     The Planning Manager elaborated on the application's background and noted that the principle regarding the circumstances under which an application for removing a Section 106 agreement may be made was explained in detail in Circular 13/97 Planning Obligations. In addition to the above-mentioned circular, the Town and Country Planning (Modification and Discharge of Planning Obligations) Act 1992, was relevant to this application.

         It was explained that the documents (including Regulations 122 and 123 of the Community Infrastructure Levy, 2010), state that in order for a legal agreement under Section 106 to be valid, five relevant tests must be met, whether it was a new agreement or an application to remove or amend an agreement.  

         It was noted that the application to remove the agreement was submitted on the grounds that the applicant was of the view that the agreement was ambiguous, unnecessary and could not be implemented.

         It was highlighted although a 106 agreement had been signed in connection with application 2/22/448B, the limitations of the 106 agreement had also to an extent been repeated in conditions on the planning permission. It was explained that applications for stables would now be subject to a planning condition on the permission, rather than a 106 agreement. It was considered that there was no planning purpose for the 106 agreement and it was not required to make the approved development acceptable for planning purposes.

         It was noted that it was considered that the contents of the agreement under Section 106 did not meet the five tests referred to in Circular 13/97, Planning Policy Wales, Chapter 3 "Making and Enforcing Planning Decisions" and the Town and Country Planning (Modification and Discharge of Planning Obligations) 1992, and the agreement did not continue to serve a useful planning purpose. It was recommended to approve the application unconditionally.

(b)     The local member (a member of the Planning Committee) made the following main points:-

·         That Nefyn Town Council objected the proposal as changing the land use to create any commercial development would have a serious impact on the road to the site that was used every day by walkers;  

·         That land on the site was a link to the Coastal Path, and Penrallt path was closed periodically due to land safety. Therefore, if there was a development on the site then the link to the Coastal Path may be lost; 

·         That the 106 agreement and the conditions were essential;

·         If the removal of the 106 agreement was granted then the application withdrawn in July 2018 would be re-submitted;

·         That the site comprised stables for horses, if the 106 agreement was withdrawn then they could be used for business purposes. If there was no further use made  ...  view the full minutes text for item 5.6

Construction of 3rd generation sports pitch including entrance / warm up area, creation of hardstanding for siting of a stand and kit storage area, creation of roads and paths, erection of floodlights and extension of car park.

LOCAL MEMBER:    Councillor Menna Baines

Link to relevant background documents

Create a 3rd generation playing field to include an entrance / warm up area, a hard standing for installing a stand and equipment store, create roads and paths, erect floodlights and extend the car park.

(a)     The Senior Development Control Officer elaborated on the application's background, noting that Policy ISA3 of the JLDP encourages approving proposals for new facilities for academic and ancillary social or leisure activities at higher education sites subject to being acceptable in terms of such matters as scale, location, design, amenity and transportation. It was noted that the policy emphasised that priority should be given to re-using existing sites.

         It was noted that it was a plan to reuse the existing site by upgrading it so that the quality of the sports facilities available to the University are substantially improved. It was expanded that the development would help ensure that the fields are used more efficiently than before and are more flexible to meet current educational and leisure needs.

Attention was drawn to the site's location that was very sensitive in terms of landscape considerations, a response had been received from Natural Resources Wales stating that the information submitted as part of the application gave assurance that the lighting plan that formed part of this proposal would have little visual impact on the location or on the view of the Anglesey Area of Outstanding Natural Beauty, and would be less intrusive than the existing lights.

In terms of general and residential amenities, it was noted that in considering the distance of the site from any private residences, the fact that this was a "like for like" development in terms of land use, it was not believed that it would generate any significant additional changes to the amenities of any neighbours or the area in general.

The development was acceptable in terms of relevant local and national policies for the reasons noted in the report. Attention was drawn to condition number 5, explaining that it was in the context of controlling the operational hours of the floodlights.

(b)     Exercising the right to speak, the applicant’s agent noted the following main points:-

·         That the proposal would provide the first third generation field in north Wales;

·         It would be a valuable asset to the area as well as for local clubs and the community;

·         There were drainage problems associated with the existing playing fields, they could not be used during the Winter;

·         The field would be suitable for international standard rugby and football;

·         That Sport Wales supported the application; 

·         The statutory consultees were satisfied with the proposal; 

·         The recommended conditions were acceptable, subject to condition 5 referring to controlling the use of the floodlights.

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

A member noted that there was already a third generation field in Nantporth and he hoped that the field would  ...  view the full minutes text for item 5.7