Agenda and minutes

To accept any apologies for absence.

An apology was received by Councillor Berwyn Parry Jones

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

DECLARATION OF PERSONAL INTEREST AND PROTOCOL MATTERS

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

·            Councillor Gruffydd Williams, in relation to item 5.8 on the agenda (planning application number C18/0722/41/LL) as his partner owned land with permission to construct 18 houses in Chwilog.

The Member was of the opinion that it was a prejudicial interest and withdrew from the Chamber during the discussion on the application noted.

(b) 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 relation to item 5.1 (application number C14/0386/24/LL) and 5.6 (application number C18/1125/17/LL) and 5.7 (application number C18/1126/17/LL) on the agenda

·        Councillor Peter Garlick (not a member of this Planning Committee) in relation to item 5.2 on the agenda, (planning application number C16/1412/19/LL)

·        Councillor Huw Gruffydd Wyn Jones (a member of this Planning Committee) in relation to item 5.3 on the agenda (planning application number C18/0084/11/LL0

·        Councillor Charles Wyn Jones (not a member of this Planning Committee) in relation to item 5.4 on the agenda, (planning application number C18/0942/23/LL).

·        Councillor Elfed Williams (not a member of this Planning Committee), in relation to item 5.5 on the agenda (planning application number C18/0977/18/LL);

·        Councillors Dilwyn Lloyd and Edgar Owen (members of this Planning Committee), in items 5.6 (planning application C18/1125/17/LL) and 5.7 (application number C18/1126/17/LL) on the agenda

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.

None to note

The Chairman shall propose that the minutes of the previous meeting of this committee, held on, 14 January 2019, be signed as a true record.

The Chair signed the minutes of the previous meeting of this Committee, held on 14 January 2019, as a true record, subject to amending bullet point 2: paragraph b; item 6, which noted: 'that land on the site was a link to the Coastal Path' to 'that the road used near the site was a link to the Coastal Path'.

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 had been deferred at the Committee held in January 2018 in order to discuss the concerns of the Members with the applicant, relating to the location of the open space within the site. In addition, further consultations were held with Welsh Highland Railway, Wales and West Utilities (gas) along with the Building Control Unit on the basis of the suitability of locating the open space in the proposed site. The opinion of the Council's Health and Safety Advisor was received in terms of safety assurance. It was noted that the application still included 24 houses, with 12 of these being affordable houses, and it was highlighted that the need for housing had been confirmed.

The concern about the distances between the houses was highlighted, and reference was made to the response in paragraphs 5.9 to 5.11 of the report. In terms of affordable housing, although registered landlords would be managing the development, there would be a need to ensure that the 12 houses would be affordable in perpetuity, and therefore an appropriate condition would be required for this. It was noted that the proposal was unusual, but the development included a suitable mixture of housing that would meet the need for various houses in the area. It was added that such a development was to be welcomed.

In response to the main concern, namely the location of the open space, it was reported that further discussions had been held with the applicant. It was added that officers had re-consulted with Welsh Highland Railway, Wales and West Utilities (gas) and the Building Control Unit and the Council's Health and Safety Advisor and the responses still confirmed that the development complied with all requirements of the bodies and that they had no objection to the location of the open space. It was added that, therefore, it would be difficult to refuse the application because the evidence was contrary to this. It was added that an appeal had been lodged by the applicant based on a lack of decision by the Committee, and therefore attention was drawn to the short period of time that the Committee had to make a decision in order to avoid an appeal (this was in accordance with the arrangements of the Planning Inspectorate).

The officers remained of the opinion that the proposal 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) noted the following main points:

·         That he did not disagree with the principle that houses were needed on the site, but not in its present form. The location of the play area was a cause for  ...  view the full minutes text for item 6.

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 A 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.

         The Members had visited the site.

(a)     The Planning Manager elaborated on the background of the application, reminding the members that it was deferred at the Committee in January to allow a third party to talk at the Committee. 

          When considering the principle of the development, attention was drawn to the Planning History, and specifically to the refusal of application C10A/0556/19/LL due to its similarity to the application in question. An appeal was lodged against the refusal and the appeal was approved in January 2012. It was highlighted that the only difference between both applications was the inclusion of a swimming pool in the application approved on appeal in 2012. It was noted that the Planning Inspector had allowed costs against the LPA as they had behaved unreasonably in coming to a determination to refuse the application, as current policies supported the type of development on the site in question.  

          It was noted that the policies listed in the report were consistent, on the whole, with the objectives and requirements of the Unitary Development Plan policies that were in force when the appeal was determined. After adopting the Local Development Plan, it was added that the relevant policies reflected each other, and that there was no basic change in the type of policies used in 2012. In considering the decision of the appeal, it was believed that the application complied with current policies and planning guidance that continued to support the principle of situating new, high quality holiday accommodation in the countryside by using a suitable previously developed site and a site that was accessible to different types of commute. It was noted that the Planning Inspector, in his appeal decision, did not have any objection to the appearance, setting or scale of the proposal and in that the plan had received the approval of the Wales Design Commission.

          In response to the statutory consultation, the Transportation Unit had no objection to the development on the grounds of road safety and parking facilities, subject to the inclusion of appropriate conditions. It was also noted that matters relating to transportation did not cause concern to the Planning Inspector and therefore there was no change here.

          In the context of floods, an Access Report was submitted (on the grounds of flooding risk) as parts of the adjacent county highway serving the site was located within a C2 flood zone. In response to the report, it was expressed that Natural Resources Wales (NRW) confirmed, within the context of the advice included within TAN 15: Development and Flood Risk, that the applicant had satisfied their concerns regarding flooding risk to the road serving the site. It was added that NRW were satisfied that the hotel and parking spaces were higher than the exceptional flood outline  ...  view the full minutes text for item 7.

Full application for engineering operations, including cut and fill, to deliver an extended rip-rap embankment on the northern development parcel of phase II, in addition to further works to reinforce the old sheet piling around the dock wall.

LOCAL MEMBER: Councillor Huw Gruffydd Wyn Jones

Link to relevant background documents

(a)     Full application for engineering operations, including cut and fill, to deliver an extended rip-rap embankment on the northern development parcel of phase II, in addition to further works to reinforce the old sheet piling around the dock wall.

The Senior Planning Manager – Minerals and Waste expanded on the background of the application, reminding the members that there had been two previous applications on the site to raise the land level in order to develop it further. These included providing rock armour around the site, and rip-rap (sea defence). The purpose of this existing application was to extend the rip-rap further, along with the installation of sheet piling around the quay - the most intrusive elements of the application.

Following the submission of vibration and noise assessment, Gwynedd Council's Public Protection Unit was consulted. It was concluded to recommend approving the application with specific noise monitoring conditions during the work, along with vibration monitoring; and due to the proximity of houses to the site, restrict working hours to four hours a day, and only two hours in one specific location.       

          Following an assessment under the Habitats Act 2017, as part of the beach in front of the

site would be impacted by the work, it was not considered that there would be any impact on the international conservation sites of Traeth Lafan and the Menai Strait. Nevertheless, it was noted that there would be mitigation measures when installing the sheet piling to work no later than two hours prior and half an hour after high tide.

With regard to sheet piling installation matters, it was highlighted that as the dock walls were deteriorating, it would be mandatory to carry out salvage work for the future. With housing within 25m to the setting, the applicant's attention was drawn to less intrusive techniques of installing sheet piling into the ground, proposing the silent sheet piling technique. Although the applicant was willing to adopt this technique, the need for assurance of further mitigation measures was expressed, therefore additional conditions would be needed so that the applicant could confirm the exact technique and methodology used to install the sheet piling before commencing the work. The applicant would also need to confirm a vibration monitoring plan, the work site along with the type of equipment that would be used.      

(b)     Taking advantage of the right to speak, an objector, who represented the residents of the bay and nearby houses, noted the following main points:

·         That a previous application was refused due to the presence of Japanese knotweed. Evidence that the plant had been removed was required. The problem was the same with this site, and therefore there was a need to ensure that there was no Japanese knotweed on the site before commencement.

·         That the nearest house was approximately 20m from the site

·         Accepted that the applicant had agreed to change his method of working, but the report did not reflect working methods. The statistics were inaccurate, therefore a new application was required

·         The  ...  view the full minutes text for item 8.

Erection 7 detached bungalows (including an affordable unit) 2 semi-detached pair of bungalows, new access and associated works ( amended scheme to that withdrawn under application reference number C18/0132/23/LL)

LOCAL MEMBER Councillor Charles Wyn Jones

Link to relevant background documents

Erection of seven bungalows (including an affordable unit), two two-storey dwellings, new access and associated works (amended scheme to that withdrawn under application number C18/0132/23/LL)

Attention was drawn to the late observations forms that had been received

(a)     The Development Control Manager elaborated upon the background of the application, noting that this was a full application for the erection of seven single-storey dwellings to include one affordable home and an open market two-storey house and also to create a new access, estate road, parking spaces, driveways and associated infrastructure. It was noted that the site would be served by a class I county road which included a nearby bus shelter.

         It was highlighted that the applicant had submitted a Design and Access statement as part of the application. Attention was drawn to the responses, and it was noted that no responses had been received from the public. It was also noted that information about the price of the affordable house had been received since the time of writing the report. It was added that confirmation had been received that a public sewer crossed beneath a parcel of empty land on the site, and that it would not be possible to build on it. The intention was to offer the land to the nearby GP surgery or to the Community Council at the end of the development work,

         The site was located within the development boundary of the Llanrug local service centre, and it has been appropriately designated for housing development. Although the site could accommodate 10 houses, it was explained that due to extreme circumstances involving the safeguarding of a public sewer that crossed the site, nine houses was appropriate.

         It was decided to defer the previous application in order to receive further evidence of the demand for these types of houses in the community of Llanrug. It was noted that the applicant had submitted a housing mixture statement which responded to the local demand, and that erecting single-storey houses on the site would release two-storey 3/4/5 bedroom houses in the village for families with a desire to live locally.

         It was reported that the proposal involved creating a standard access off the nearby class I county highway along with extending the existing footpath into the site. It was explained that the latest plan was the result of discussions between the applicant, the Local Member and the Transportation Unit and, consequently, road safety had been ensured on the grounds of visibility and the number of houses that would be served by the access.

         It was explained that the Placement Data of Gwynedd Primary Schools confirmed that there was adequate capacity in Ysgol Gynradd Llanrug to be able to cope with the number of pupils that could derive from this development and to this end, no educational contribution would be required from the applicant.

         It was considered that the current proposal was acceptable and that is satisfied the requirements of the relevant policies.

(b)     The local member (not a member of  ...  view the full minutes text for item 9.

Residential development for 9 affordable dwellings and new accesses

LOCAL MEMBER Councillor Elfed Wyn Williams

Link to relevant background documents

Residential development for nine affordable dwellings and new accesses

          The Members had visited the site.

(a)     The Planning Manager elaborated on the background of the application and noted that it was a full application to erect nine affordable houses on a sloping green-field site abutting the development boundary of Deiniolen. The development would have six two-bedroom units and two three-bedroom units and a five-bedroom bungalow designed to meet the needs of a specific local family.

         The intention to provide nine affordable houses on the site (100%) was noted, and it was mentioned that the Council's Strategic Housing Unit had confirmed that this number of houses along with the type of house addressed the needs in the area. It was added that a Registered Social Landlord would provide the houses and the current housing needs register (October 2018) showed a need in the community for two-bedroom and three-bedroom houses, and there were 33 applicants on the waiting list for these types of units.

         Reference was made to Policy TAI 6 (Exception Sites), which noted that development directly abutting development boundaries must be 100% affordable. It was also noted in the Policy that it was a requirement to show that affordable housing cannot be supplied within a reasonable time-scale on an open market site within the development boundary where there is demand for affordable houses. It was highlighted that no affordable housing units had been constructed in Deiniolen between 2011 and 2018 and although two sites had been approved where an element of affordable housing had been included, the construction work had not commenced on any of the proposals thus far. Reference was made to an explanation from the agent, noted under paragraph 5.6 in the report, explaining the reason that they were unable to provide the housing.

         Reference was made to an observation by objectors that the affordability of the existing houses available within the development boundary must be considered before determining the application before the Committee. However, in considering that the houses within the boundary were open market houses, they would not meet the same needs as the houses proposed here, namely social rent houses that had been designed to meet Design Quality Requirements (DQR). Since this plan abutted a development boundary, it was considered that the development addressed local need for social rental housing, as confirmed by the Council's Strategic Housing Unit. It was believed that the principle of the plan met the requirements of Policy TAI 8 and TAI 16 of the Local Development Plan and would contribute toward the target set in Policy PS 18.

         It was emphasised that other aspects of the proposal were acceptable and, although there had been some confusion amongst the local community regarding the traffic collision assessment, it was highlighted that an internal assessment had been carried out, rather than an assessment for the purposes of this application. It was added that the Transportation Unit has no objection to the proposal.

         In the context of drainage matters, a response was received  ...  view the full minutes text for item 10.

Application under Section 73 to vary condition 10 on planning permission C18/0125/17/MW to allow 5 HGV loads per day, Monday to Friday with no HGV movements on a Saturday.

LOCAL MEMBERS Councillor Dilwyn Lloyd, Councillor Aeron Maldwyn Jones and Councillor Edgar Owen

Link to relevant background documents

Application under Section 73 to vary condition 10 on planning permission C18/0125/17/MW to allow 5 HGV loads per day, Monday to Friday with no HGV movements on a Saturday.

(a)     The Senior Planning Manager – Minerals and Waste expanded on the background of the application, noting that the operator was proposing to vary the relevant condition on each extant permission on site to remove the facility for HGVs access on Saturdays and, in turn, allow one extra movement per day Monday through Friday. This would result in a total of 21 HGVs accessing the site per week which represented an increase of only one extra movement per week.

         It was reported that the main advantages of the proposal would be to prevent vehicles from travelling through Penyffridd, Rhosgadfan and Rhostryfan on Saturdays, when it would be more likely that residents parked on the road, and more local traffic.

(b)     The local members (one a member of this Planning Committee; one not a member of this Planning Committee) noted the following main points:

·         Since establishing a Liaison Group over three years ago, there had been good collaboration between the quarry operator and the local community. By holding discussions, problems and concerns were resolved.

·         The application was proposing improvements to the existing system. This should be welcomed.

·         Supported the application.

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

(ch)   When discussing the application, one of the members noted that the company was managed well, did good work locally and employed local people.

RESOLVED to approve the application subject to the following amendment to conditions 4 and 10 of planning permission C18/0125/17/MW:

4.    Except in cases of emergency to maintain safe quarry working (which shall be notified to the Mineral Planning Authority as soon as practicable) or unless the Mineral Planning Authority has agreed otherwise in writing:

i)    operations associated with the removal of material from a mineral working deposit, soils and overburden removal, restoration works, servicing, maintenance and testing of fixed and mobile plant shall not be carried out at the site, with the exception of the following times:

·         07.30hrs to 18.00hrs Monday to Friday and 07.30hrs to 13.00hrs on Saturdays,

ii)   Crushing and screening operations shall not take place other than during the following hours:

·           10.00 to 15.00 hours Monday to Friday

iii)  No HGVs shall enter or leave the site except between the following times: 

·                 08.00hrs to 16.00hrs Monday to Friday 

iv) No operations other than those related to emergency or environmental monitoring or water pumping shall take place at the site on Sundays or on Public or Bank holidays.

10.     Except with the prior written agreement of the mineral planning authority, quarry output, alone or in combination with any other extant minerals planning permission at the site, shall not exceed a maximum rate of no more than five HGV loads per day Monday to Friday, with no HGV movements on a Saturday. Figures of the output from the site over any specified period shall  ...  view the full minutes text for item 11.

Application under Section 73 to vary condition 6 on planning permission C16/0063/17/MW to allow 5 HGV loads per day, Monday to Friday with no HGV movements on a Saturday.

LOCAL MEMBERS Councillor Dilwyn Lloyd, Councillor Aeron Maldwyn Jones and Councillor Edgar Owen

Link to relevant background documents

         Application under Section 73 to vary condition 6 on planning permission C16/0063/17/MW to allow 5 HGV loads per day, Monday to Friday with no HGV movements on a Saturday.

(a)     The Senior Planning Manager – Minerals and Waste expanded on the background of the application, noting that the operator was proposing to vary the relevant condition on each extant permission on site to remove the facility for HGVs access on Saturdays and, in turn, allow one extra movement per day Monday through Friday. This would result in a total of 21 HGVs accessing the site per week which represented an increase of only one extra movement per week.

(b)     The Local Members noted that they supported the application

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

         RESOLVED to approve subject to the following amendment to conditions 6 and 11 of planning permission C16/0063/17/MW:

6.    Except with the prior written agreement of the mineral planning authority, quarry output, alone or in combination with any other extant minerals planning permission at the site, shall not exceed a maximum rate of no more than five HGV loads per day Monday to Friday, with no HGV movements on a Saturday. Figures of the output from the site over any specified period shall be made available to the local planning authority within 21 days of request.

11.     Except in cases of emergency to maintain safe quarry working (which shall be notified to the Mineral Planning Authority as soon as practicable) or unless the Mineral Planning Authority has agreed otherwise in writing:

i)      operations associated with the removal of material from a mineral working deposit, soils and overburden removal, restoration works, servicing, maintenance and testing of fixed and mobile plant shall not be carried out at the site, with the exception of the following times:

·             07.30hrs to 18.00hrs Monday to Friday and 07.30hrs to 13.00hrs on Saturdays,

ii)     Crushing and screening operations shall not take place other than during the following hours:

·           10.00 to 15.00 hours Monday to Friday

iii)   No HGVs shall enter or leave the site except between the following times: 

·           08.00hrs to 16.00hrs Monday to Friday 

iv) No operations other than those related to emergency or environmental monitoring or water pumping shall take place at the site on Sundays or on Public or Bank holidays.

Development to be subject to the same schedule of conditions under the previous planning permission granted C16/0063/17/MW to control noise, dust, vibration, hydrology, protection of the water environment, sequence of operations, compliance with the application plans, archaeology, ecological mitigation, review of operations and progressive restoration.

Application for the provision of site for 15 touring caravans together with leisure room and toilets.

LOCAL MEMBER Councillor Aled Lloyd Evans

Link to relevant background documents

Application to provide a site for 15 touring units including a recreation room and toilets.

(a)     The Development Control Manager elaborated on the background of the application, noting that it was a full application to create a touring caravan site. It was explained that the proposal involved creating an independent site to locate 15 touring caravans, and planting native hawthorn, blackthorn and holly trees with a timber fence to provide a boundary between the site and the existing silage pit.

         It was noted that the site lied in open countryside and within the boundaries of an existing farm with holiday units. It was reported that an agricultural shed with existing facilities bordered the site and it was proposed to use this building to provide toilet and shower facilities. It was highlighted that the site had been hidden by a hedge and trees on the boundary between it and the highway, which would ensure that the site was hidden quite well from the wider landscape. It was explained that the plans submitted as part of the application include additional landscaping along the site's southern boundary, that separates the site from the nearby silage pit. It was added that these plans included mitigation measures for the proposed development that would reinforce the existing landscaping work. It was considered that the design, layout and appearance of the proposal were acceptable and they would not cause substantial harm to the visual quality of the landscape.

         In respect of proximity to the road network, it was noted that the site had direct access to a first class highway, the A497, and there had been recent improvements to the access as a result of a scheme to improve the road.  It was not considered that further alterations would need to be undertaken to the access in order to serve the proposal, and it was added that the Transportation Unit had confirmed that the proposal would not cause a detrimental impact in terms of road safety.  

         Attention was drawn to the consultation in the report, and it was highlighted that no responses were received from the public. In response to the objection received from the Community Council that there were too many sites within one confined area, it was noted that paragraph 6.3.81 followed Policy TWR 5 within the Local Development Plan which requested to ensure that no excess of touring units within one area would add to problems for services, and would not harm the natural character or resources of the area. As the site was located outside the AONB, it was not considered that it would add to the problem for services or harm the character of the area, therefore the proposal was acceptable.

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

(c)     When discussing the application, one of the members noted that the Community / Town Councils had refused the application on the grounds of excess

         RESOLVED to approve the application in accordance with the recommendation.

1.                Commence within five years.

2.  ...  view the full minutes text for item 13.

Variation of condition 2 of C14/0113/41/AM to extend the time allowed to submit reserved matters

LOCAL MEMBER Councillor Aled Lloyd Evans

Link to relevant background documents

         Variation of condition 2 of C14/0113/41/AM to extend the time allowed to submit reserved matters.

(a)     The Development Control Officer elaborated on the background of the application, noting that this was an application to vary a condition in order to extend the time period to submit reserved matters on an outline application to construct 21 houses (including 7 affordable houses) on a site on the outskirts of Chwilog village.

         Attention was drawn to the consultation in the report, and it was noted that no responses were received from the public. Reference was made to the additional comments from where it was noted that the Community Council had confirmed that they had no objection to the proposal.

         As this was an application to vary condition 2 of the outline permission in question in order to extend the time granted to submit reserved matters, there was no change to the plan, or to the plan previously approved. It was added that the application had already been accepted, but that there was a need to consider whether the circumstances or the situation in terms of compliance with the planning policies had changed since the application was originally approved.

         It was noted that the outline application had been determined based on the policies of the Gwynedd Unitary Development Plan. By now, it was noted that the Gwynedd and Anglesey Local Development Plan has been adopted by Gwynedd Council, and there had therefore been a material change in the policies since the previous application was determined. It was reported that the site was still a designated site for development within the new plan and that the proposal complied with the requirements of current policies with regard to affordable housing, linguistic matters, transportation, biodiversity and trees, floods, open spaces, education facilities and amenities. It was therefore considered that the proposal was acceptable and complied with local and national policies.

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

         RESOLVED to approve the application in accordance with the recommendation, subject to the existing 106 agreement and educational contribution

           1. Time

            2. Submit reserved matters within three years

            3. Re-list all the conditions from the previous permission.