Agenda, decisions and minutes

To accept any apologies for absence.

Apologies were received from Councillors Louise Hughes, Elin Hywel, Huw Wyn Jones and Cai Larsen

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

The following member declared that she was a local member in relation to the item noted:

·         Councillor Kim Jones (not a member of this Planning Committee), in item 4.3 (C22/0239/15/LL) on the agenda

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

None to note

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

Erection of a building to be used as a builders' merchant (sui generis use) and associated yard structures, loading areas, car parking, landscaping proposals together with associated works.

LOCAL MEMBER: Councillor Dafydd Meurig

Link to relevant background documents

DECISION:

To approve the application subject to material planning conditions involving:

            1. Time

            2. Compliance with the plans

            3. The development shall be implemented in accordance with the ecological report

            4. Landscaping conditions

            5. Opening hours

            6. Ensure Welsh / Bilingual signs

            Notes

1.    Welsh Water

2.    Land Drainage Unit

Construction of a building to be used as a builders’ merchant (sui generis use) and associated yard structures, loading areas, car park, landscaping proposals together with associated work.

Attention was drawn to the late observations form.

a)    The Planning Manager highlighted that this was a full application to construct a building to be used by a builders' merchant (sui generis use) on the Bryn Cegin Strategic Regional Business Site which was approximately 1km to the south of the development boundary of the Bangor Sub-regional Centre, as defined by the Anglesey and Gwynedd Joint Local Development Plan (LDP).

The building's ground floor would include a retail area, trade counter, office, toilets, staff room/canteen and warehouse with a covered entrance to provide customer access.

The application was submitted to committee as it is defined as a major development due to its floor surface area.

It was reported that the 'builders' merchant' use was a unique use which did not fall under any specific class use and therefore the application was not entirely in line with policy CYF1. Policy CYF 5 was considered, which permitted land safeguarded for B1, B2 and B8 uses in special cases to be released for alternative uses. Although a builders' merchant was a unique use, it was also an appropriate use that could be expected on a business/industrial estate.  It was noted that the site was vacant with plenty of opportunities for other B1, B2 and B8 businesses to develop on the site.

Due to the importance of the scheme in securing the development of an initial business on a strategically important site that had been empty for many years, it was considered that there was exceptional justification to grant the proposed development on the designated employment site in accordance with Policies PS13, CYF 1 and CYF 5 of the LDP.  

In the context of general and residential amenities, the concerns of the Public Protection Service regarding noise disturbance that may arise from the site causing a nuisance for local residents were acknowledged. In response, a further explanation was provided by the applicant regarding the nature of the site's use. It was reiterated, that it had to be recognised that this was a designated industrial site and the site could be used for a much more intensive and noisy industrial use. By adhering to the opening hours and in considering the background noise and busy nature of the nearby roads and the proximity of the existing Llandygai industrial estate, it was not believed that this business was likely to create an additional significant detrimental impact.  (It was noted there were regulations outside the planning field to manage noise that caused a consistent nuisance to local residents.)

In terms of transportation matters, and in light of receiving an amended site plan, the Transportation Unit did not have any objection to the plan and the development would use the road network designed for the industrial estate to accommodate transportation levels.

In terms of linguistic matters, it was considered, as the  ...  view the full minutes text for item 5.

Redevelopment of existing garage site to construct a 4-storey residential building comprising of 21 apartments for individuals over the age of 55 (7x 2 persons 1-bedroom apartment, 14 x 3 persons 2-bedroom apartment) including communal lounge, Plant room, office Buggy/Bike Store, Bin Store, parking for 14 vehicles and landscaping

LOCAL MEMBERS: Councillor Dawn Lynne Jones and Councillor Dewi Jones

Link to relevant background documents

DECISION:

To delegate the right to the Senior Planning Manager to approve the application, subject to receiving confirmation about the details of the living room windows of Unit 10 and Unit 17 facing Bryn Cadnant and receiving details of the swale and land drainage plan within the red line as well as receiving correct land ownership certificates and subject to the following conditions:-

To approve – conditions:

1.    Five years.

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

3.    Compliance with the parking scheme.

4.   Compliance with the landscaping plan along with future maintenance work.

5.   NRW condition that relates to introducing a surface water plan for the development. NRW condition relating to Land Contamination.

6.   Secure a plan/arrangements to provide the affordable units e.g. mix, tenure, occupancy criteria, timetable and arrangements to ensure that units are affordable now and in perpetuity.

7.   Compliance with the recommendations of the Bat Survey Report and the Preliminary Ecological Assessment.

8.   Compliance with the recommendations of Part I and II of the Geo-environmental Report.

9.   Agree on details regarding Welsh names for the development before the residential units are occupied for any purpose along with advertising signage informing and promoting the development.

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

11.   Submission of a Construction Method Statement to include measures to reduce noise, dust and vibration to be agreed with the LPA.

12.   Ensure that the windows of the first floor and second floor which serve the living rooms of Unit 10 and Unit 17 and which face Bryn Cadnant are permanently opaque glass.

13.   Restrict the use to prospective occupants aged 55+.

Note: Need to submit a sustainable drainage system application to be agreed with the Council.

Redevelopment of an existing garage site to construct a four-storey residential building which includes 21 flats for individuals aged over 55 years (7 x 2 person one-bed, 14 x 3 person two-beds), as well as a communal lounge, Buggy/Bikes storage area, plant room, bins storage, parking spaces for 14 cars and landscaping.

Attention was drawn to the late observations form.

a)      The Senior Development Control Officer highlighted that this was a full application for the demolition of the existing buildings and the construction of a replacement building that would provide 21 residential flats for people aged 55+, with associated works. The elements of the application included

·         Provision of 21 flats including 7 one-bedroom flats and 14 two-bedroom flats and every flat is offered as an affordable unit.

·         Provision of 16 parking spaces.

·         Using the existing access off Llanberis Road as per the existing arrangement.

·         Erecting a building including four-storeys, a three-storey section on the south-eastern elevation and a two-storey section facing the north-west. 

·         Soft and hard landscaping.

·         Communal amenity spaces around the building as the building itself was located more or less in the centre of the site.

It was noted that the site was located within the Caernarfon development boundary as included in the LDP, but it had not been designated for any specific use. The site was located adjacent to Llanberis Road to the east of Caernarfon town centre with access to it from Llanberis Road. It was noted that the site currently operated as a vehicle service centre (MOT) with a vehicle sales forecourt. It used to be a petrol station. 

In terms of the principle of the proposal, it was noted that the principle of constructing houses on the site was established in Policies PCYFF1, TAI1, TAI15, PS5 and PS17 of the LDP. Policy PCYFF1 stated that proposals would be approved within development boundaries in accordance with other policies and proposals in the LDP, national planning policies and other material planning considerations.

It was reported that the indicative housing supply for Caernarfon over the LDP period was 415 with a slippage allowance of 10% - 194 on designated sites and 221 on windfall sites. During the 2011-2021 period, a total of 238 units had been completed in Caernarfon (177 on designated sites and 61 on windfall sites). In April 2022, the windfall land bank (i.e. sites with existing planning permission that were not designated for housing), was a total of 57 on windfall sites.  This meant there was sufficient capacity within the indicative supply for Caernarfon at present.

Reference was made to Policy PS5 which stated that developments would be supported where it could be demonstrated that they were consistent with the principles of sustainable development, including reusing sites located in appropriate locations. In this case, it could be considered that the application site was a previously developed site (brownfield land) which was suitable for residential use in an established residential area.

In terms of affordable housing and housing mix, an Affordable Homes Statement and a  ...  view the full minutes text for item 6.

Substantial demolition of the existing Electric Mountain Visitor Centre (bar the existing electricity sub-station), re-instatement of site as an area of grassland,  replacement lighting and the provision of electric vehicle charging points at the existing car park and associated landscaping. 

LOCAL MEMBER: Councillor Kim Jones

Link to relevant background documents

DECISION:

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

1.    Five years.

2.    In accordance with the amended details submitted with the application.

3.    Compliance with the recommendations within the amended Ecological Report and Arboriculture Statement documents.

4.    Compliance with the recommendations of the amended Flood Consequence Assessment.

5.    A condition that none of the land will be raised higher than the current ground levels.

6.    Submit a Demolition Method Statement to be agreed in writing by the LPA to include matters such as noise levels, working hours and relevant mitigating measures.

7.    Safeguard Welsh Water assets by submitting a Risk Assessment Method Statement to be agreed in writing with the Local Planning Authority

8.    The applicant needs to undertake a photographic survey of the existing construction.

9.    Need to undertake a desktop investigation to assess the potential pollution risk on the site.

Note: It will be required to receive a European Protected Species Licence (EPS Licence) for this development.

Demolish vast parts of the Electric Mountain Visitor Centre (bar the existing electricity sub-station), change of use of the site to an area of grassland, replacement lighting, provision of electric vehicle charging points to the existing car park and associated landscaping.

Attention was drawn to the late observations form.

a)    The Planning Manager highlighted that this application had been deferred at the June, 2022 Planning Committee to enable the applicant to discuss the site's future and its potential alternative uses with the Local Member as well as the community. 

Following lengthy discussions, the applicant no longer wished to proceed with the original scheme of creating a new car park, rather they wished to change the use of the site to an area of grassland; to create a drive from the existing car park to service the electricity sub-station; installation of lighting and providing vehicle charging points within the existing car park along with associated landscaping.

The area of grassland would be used for occasional community use and events together with the installation of temporary structures.

In order to support the application, the following documents were submitted - Design and Access Statement; Drainage Strategy; Flood Risk Assessment; External Lighting Planning Statement; Ecological Report and an Arboriculture Statement. It is noted here that the Transportation Statement has not been amended as there are no road safety implications from the amended plan.

It was reported that the proposal was acceptable in line with the second part of Policy ISA 2 of the LDP (with the policy supported by Supplementary Planning Guidance: Change of use of Community Facilities and Services, Employment Sites and Retail Units, 2021) that states that the Council would resist the loss or change of use of existing community facilities by complying with at least one of the following relevant criteria. There were no objections to matters relating to visibility, biodiversity or flooding and full consideration had been given to the observations received in response to the two consultation periods and to the response received from statutory consultees. 

It was not considered that the amended proposal was contrary to local or national policies - and was acceptable subject to including suitable conditions.

b)    Taking advantage of the right to speak, the Local Member made the following points:

·         She had no objections to the proposal

·         Welcomed the change to the grassland - possible to hold community events

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

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

1.         Five years.

2.         In accordance with the amended details submitted with the application.

3.         Compliance with the recommendations within the amended Ecological Report and Arboriculture Statement documents.

4.         Compliance with the recommendations of the amended Flood Consequence Assessment.

5.         A condition that none of the land will be raised higher than the current ground levels.

6.         Submit a Demolition Method Statement to be agreed in writing by the LPA to include matters such as noise levels,  ...  view the full minutes text for item 7.

Formation of a full size 3G sports pitch with associated 4.5 metre high fencing, 4 metre high acoustic barrier, 6 x 15 metre high floodights, teams shelters, hardstanding,and landscaping bund with planting

LOCAL MEMBER: Councillor Ioan Thomas

Link to relevant background documents

DECISION:

To approve – conditions:

1.         Commence the work within five years.

2.         Cut opening hours to 21:00.

3.         Landscaping.

4.         Agree details of players' shelters.

5.         Archaeological details.

6.         In accordance with the plans along with technical documents.

7.         Agree on the location of the storage container.

Formation of a full size 3G sports pitch with associated 4.5 metre high fencing, 4 metre high acoustic barrier, 6 x 15 metre high floodlights, teams' shelters, hardstanding and landscaping bund with planting

a)    The Planning Manager highlighted that it was a full application to develop the full size 3G playing field on school grounds and within the town's development boundary. The location of the 3G pitch would border the school building to the south-west and face a separate row of houses and a residential area to the west. The eastern side of the pitch would border the existing playing field and the eastern side would face the Arfon Leisure Centre building.

It was reported that additional justification and information had been submitted with the application which outlined the significant contribution the proposal would make in developing football facilities in the community and the region.

The application was submitted to the committee as the size of the site was greater than half a hectare.

Attention was drawn to the observations of the Public Protection Unit which had stated some concern about the proposal but there was no objection to the proposal subject to conditions. The Planning Service also received correspondence from local residents objecting to the application mainly due to the impact of increased noise and light installation. Furthermore, a statement was received from the applicant offering to reduce opening hours to 21:00 instead of 22:00 during the week and it would be possible to include an appropriate condition should the application be approved. Although recognising the observations received, it was not considered that the proposal would have a detrimental impact on residential amenities and, therefore, with conditions the proposal satisfied the requirements of policy PCYFF 2.

Attention was drawn to the observations received from the Gwynedd Archaeological Planning Service on the proposal noting that the development would entail work that would disturb undeveloped land and in a landscape where there was good potential for historic remains. Any archaeological remains would improve the wider understanding of the area especially in relation to the early occupancy of the area and the environs.   The Gwynedd Archaeological Planning Service therefore recommended imposing a condition regarding a programme of archaeological work for the entire development and in doing so the proposal would be acceptable in terms of Policy AT 4 of the LDP.

Given the relevant planning matters in this case, it was considered that the proposed development met the objectives of the LDP by proposing a development of high-quality, modern and suitable design, that would make a substantial contribution towards improvements for local sports facilities. The concerns about the proposal were acknowledged; however, the specialist evidence indicated that the impacts would not be substantially detrimental and the applicant had submitted mitigation measures as part of the application.

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

c)    During the ensuing discussion, the following observations were made by Members:

·         There was a need for modern facilities for the area's children

·         A full-sized pitch  ...  view the full minutes text for item 8.