Agenda, decisions and minutes

To elect Chair for 2023 - 2024

DECISION:

RESOLVED TO RE-ELECT COUNCILLOR EDGAR OWEN AS CHAIR FOR 2023 / 2024

RESOLVED TO RE-ELECT COUNCILLOR EDGAR OWEN AS CHAIR FOR 2023/2024

To elect Vice-chair for 2023 - 2024

DECISION:

TO RE-ELECT COUNCILLOR ELWYN EDWARDS AS VICE-CHAIR FOR 2023 / 24

Two names were proposed and seconded for the post of vice-chair, namely Councillor Elwyn Edwards and Councillor Gruffydd Williams

In accordance with Procedural Rules, the following vote was recorded on the proposals:-

In favour of Councillor Elwyn Edwards: (10) Councillors:- Elwyn Edwards, Elin Hywel, Huw Wyn Jones, Edgar Owen, Huw Rowlands, Delyth Lloyd Griffiths, Gareth Tudor Jones, Cai Larsen, Gareth A Roberts, Gareth Coj Parry

In favour of Councillor Gruffydd Williams: (4) Councillors:- Anne Lloyd-Jones, Gruffydd Williams, Elwyn Jones, John Pughe Roberts

Abstaining (0)

RESOLVED to re-elect Councillor Elwyn Edwards as Vice-chair for 2023/24

To accept any apologies for absence.

Apologies were received from Councillor John Pughe (Local Member)

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

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

Councillor Huw Wyn Jones (a member of this Planning Committee), in item 8.4 (C23/0148/17/LL) on the agenda as he knew the family.

The Member was of the opinion that it was a prejudicial interest, and he withdrew from the meeting during the discussion on the application.

Councillor John Pughe Roberts (a member of this Planning Committee), in item 8.1 (C23/0116/09/LL), because he had shares in the Wynnstay company.

The Monitoring Officer noted that there was no reference to the Wynnstay company in the report for planning application 8.1 and therefore the Councillor decided that it was not a prejudicial interest and therefore he did not have to withdraw from the meeting.

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

·           Councillor Dewi Jones in item 7 on the agenda

·           Councillor Anwen Davies (on behalf of Cllr Gareth Williams) and who was not a member of this Planning Committee, in item 8.2 (C23/0212/30/LL) on the agenda.

·           Councillor Arwyn Herald Roberts (not a member of this Planning Committee), in item 8.4 (C23/0148/17/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

The Chairman shall propose that the minutes of the previous meeting of this committee, held on 20^th April 2023, be signed as a true record.

The Chair accepted the minutes of the previous meeting of this committee held on 17 April 2023 as a true record.

DECISION:

To approve the introduction of 'no waiting at any time' Double Yellow Lines on a Class 1 Road A4086 – Ffordd Llanberis, Rhosbodrual, Caernarfon

CYNGOR GWYNEDD ORDER (PROHIBITION, RESTRICTION AND REVOCATION OF WAITING AND ON-STREET PARKING) (ARFON AREA NUMBER 20) (CAERNARFON) 2023

a)    The Traffic and Projects Service Manager highlighted that the Service had received a complaint from nearby property owners regarding vehicles parking on the pavement and on a grassed area adjacent to the property of Tanffordd, Llanberis Road, Caernarfon. After inspecting and assessing the situation, the Service carried out a consultation on introducing a recommendation to extend the double-yellow lines in order to prevent vehicles from parking on the pavement and grassed area.  During the consultation period (March 2022), one objection was received to the proposed plan. Consequently, the plan was reviewed in August 2022 and it was resolved not to amend the proposal since there was acceptable justification to proceed with the plan. The proposed plan to prohibit parking on Llanberis Road was introduced as a part of the 'PROHIBITION, RESTRICTION AND REVOCATION OF WAITING AND ON-STREET PARKING) (ARFON AREA NUMBER 20) (CAERNARFON) ORDER 2023' and an objection was received for the second time. The order was submitted to the Committee for approval.

The Officer was of the opinion that introducing yellow lines in the location would prevent vehicles from driving over the pavement to park on the grass near the Tanffordd property. In turn, this would reduce the number of cases where mud would be carried onto the pavement and the road, which led to safety issues for road users. Yellow lines would also keep the visibility splay clear for the residents of Stad Llain y Felin, as well as the Tanffordd property.

b)    The Local Member highlighted the following observations:

·         That he sympathised with the objector since this would cause him difficulties, but he was confident that the benefits would outweigh the negative impacts.

·         It was important to note that the department had carried out an equality impact assessment and this had come back clear.

·         A health and safety matter was under consideration here. The yellow lines intended to prevent vans and other vehicles from parking on a plot of land, as was currently the case. This was a problem because:

§  It is a relatively fast road - the vehicles prevent the traffic from seeing the road ahead.

§  The vehicles that park here carry mud onto the road, which is dangerous and creates a skid hazard.

§  Parking here destroys the grassed area; it is mud, and not grass, that is here now.

·           It is also important to note that many local residents have supported these steps during the consultation process.

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

d)    During the ensuing discussion, the following observation was made by Members:

·         That there was a need to ensure safety on a fast section of road

·         That there was mud on the pavement and therefore you had to walk on the road

·         That the height of a camper van, when parked on the grass, concealed a 40mph sign

e)    In response to a question  ...  view the full minutes text for item 7.

To submit the report of the Head of Environment Department.

DECISION:

To approve the introduction of 'no waiting at any time' Double Yellow Lines on a Class 1 Road A4086 – Ffordd Llanberis, Rhosbodrual, Caernarfon

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:

Re-submission: Change of use of land to create storage/sales yard associated with the existing commercial premises, together with the erection of security fence, install hard standing area and alterations to the agricultural access to create vehicular access to the yard. 

LOCAL MEMBER: Councillor John Pughe

Link to relevant background documents

DECISION: To approve contrary to the recommendation

1.    The development referred to in this permission must be commenced no later than FIVE years of the date of the permission.

2.    The development hereby permitted shall be carried out in strict conformity with the details shown on the plan(s) numbered 80 1 - 22 - 0 5; 801 - 22 - 70; 22/115/P 09; 22/115/P 04 a 22/115/P 03 Amendment A submitted to the Local Planning Authority, and contained in the application form and in any other documents accompanying the application, unless condition(s) to revise them is/are included on this planning decision.

3.    Before the facility hereby approved becomes operational as a storage/sales yard, the applicant must first submit details to be agreed in writing with the Local Planning Authority of any building and/or structure they propose to erect as part of the proposed facility, including their design and height.

4.    The facility hereby approved must be connected with the use the applicant proposed to make of the commercial premises on the High Street as a business centre for an agricultural goods/materials supplier and which is outlined in blue in plan number 22/115/P 03 Amendment A.

5.    The scheme for planting a mixed thorn hedgerow contained in plan number 22/115/P 03 Amendment A must be completed during the first planting season after the use becomes operational. In the event that any part of the hedge dies, is removed or becomes seriously damaged or diseased within the five-year period from the date it was planted, they must be removed and replaced during the next planting season with others of a similar size and species, unless the Local Planning Authority approves a commitment in writing.

6.    Before the facility becomes operational, the applicant must first submit details to be agreed in writing with the Local Planning Authority of any signs to be erected on the site, and those signs shall be in Welsh only, or bilingual with priority to the Welsh language.

7.    The applicant must comply with Part 6.0 (Summary and Conclusions) of the Floods Consequence Assessment (ref. KRS.0639.001.R001.A) dated September, 2022 by KRS Environmental.

8.    The improvements to the existing access must be carried out in strict conformity with the details contained in plan number 22/115/P 03 Amendment A.

9.    The delivery or distribution of goods to and from the site hereby approved shall not be permitted outside the hours of 08:00 to 18:00 Monday to Friday; 08:00 to 12:00 Saturday and not at all on Sunday.

The reasons for the Council's decision to permit the development subject to the conditions already noted:

1.    To comply with Town and Country Planning Acts.

2.    To comply with the provisions of the Town and Country Planning Act and to secure the satisfactory development of the site, and to protect the visual amenities of the area

3.    To secure the orderly development of the site and to protect visual amenities.

4.    To secure the orderly development of the site.

5.    To protect visual amenities  ...  view the full decision text for item 9.

Construction of a new building for use as agricultural storage with associated landscaping works (re submission)

LOCAL MEMBER: Councillor Gareth Williams

Link to relevant background documents

DECISION: TO REFUSE IN ACCORDANCE WITH THE RECOMMENDATION.

REASONS:

1.    Based on the information submitted, the Local Planning Authority is not entirely convinced that there is a real need, proven beyond doubt, to erect an agricultural building of the size and scale proposed at this location. Therefore, the application is contrary to the requirements of policies PCYFF 1 and PCYFF 2 of the Anglesey and Gwynedd Joint Local Development Plan 2017 which encourages the refusal of proposals outside development boundaries unless there is justification to show that its location in the countryside is essential, and that do not comply with other policies within the Plan itself.

2.    The scale of the proposal would mean erecting a substantial building which would be located in a prominent, isolated position near a public road and footpath and within a Special Landscape Area. This development would not respect the context of the site and its place in the local landscape and, as a result, the development would be harmful to the area's visual amenities. The application is therefore contrary to the criteria of policies PCYFF 2, PCYFF 3 and AMG 2 of the Anglesey and Gwynedd Joint Local Development Plan, 2017 together with the advice contained within Technical Advice Note 6: Planning for Sustainable Rural Communities and Technical Advice Note 12: Design that relates to protecting local visual amenities and the environment.

Construction of a new building to be used as agricultural storage together with associated landscaping work (resubmission)

a)      The Planning Manager highlighted that this was an application to erect a shed as agricultural storage on a rural site within the holding of the property known as Pant Valley, Rhydlios. It was explained that the plans showed a building measuring 22.86m x 13.74m giving a total internal floor area of 314m² and 5.8m in height to the ridge. The application was a resubmission of a previously refused full application. It was highlighted that the size, form and appearance of the proposed shed was in accordance with the previously refused details. The site and wider area was located within the Western Llŷn Special Landscape Area as well as the Llŷn and Bardsey Island Landscape of Outstanding Historic Interest by CADW. It was not within the AONB.

The previous application was refused due to the lack of information and justification for the proposed development. At the time it was noted that no business plan had been submitted. It was not usual to ask for a business plan with agricultural applications where the agricultural holding was established, however in this case, the applicant did not operate the agricultural holding and therefore, it was believed to be a totally reasonable request for such information to find out how the enterprise would be likely to operate in the future. As part of the current application, the agent has submitted a statement to support and justify the proposal.

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

The Local Planning Authority did not intend to prevent the aspirations of individuals to conduct agricultural activities in the future, but it was not wholly convinced that a real need for a new agricultural shed at this site has been proven and therefore the proposal is contrary to the fundamental agricultural development principle and policies PCYFF 1 and PCYFF 2 of the LDP specifically as there is no sufficient justification within a rural location for the proposed development.  In addition, due to its size, finish and isolated location, the building would form an incompatible feature in the landscape by harming visual amenities contrary to the relevant criteria of policies PCYFF2 and PCYFF 3 of the LDP.

The Local Planning Authority recommended refusing the application

b)      Taking advantage of the right to speak, Councillor Anwen Davies (on behalf of the Local Member), made the following observations:

·         That there was a real need for the shed to ensure a place to keep sheep - for grazing and in order to facilitate visits by the vet.

·         That a proposal to reduce the land levels had been submitted and that it was intended to use the soil to erect cloddiau around the shed.

·         That there was an intention to plant trees and recycle rainwater.

·         That the applicant was a hard-working Welshman who wished to establish an agricultural enterprise at Pant Valley.

·         The Community Council supported the application.

·         That  ...  view the full minutes text for item 10.

Outline application with some matters reserved to demolish an existing residential dwelling and former commercial garage with associated buildings and construction of 5 two storey local market housing, install 16 self-serviced holiday accommodation, construction of a pub/restaurant, landscaping, creation of parking areas and modification works to an existing vehicular access.

LOCAL MEMBER: Councillor Angela Russell

Link to relevant background documents

APPLICATION WITHDRAWN

Outline application with some matters reserved to demolish an existing residential dwelling and former commercial garage with associated buildings and to construct five two-storey local market housing, construction of a pub/restaurant, landscaping, creation of parking areas and alteration works to an existing vehicular access.

APPLICATION WITHDRAWN

Erection of rural enterprise dwelling and associated work

LOCAL MEMBER: Councillor Arwyn Herald Roberts

Link to relevant background documents

DECISION: To approve the application contrary to the recommendation. Consequently, the application will be referred to a cooling-off period before being returned to the Committee for a final decision.

Construction of a rural enterprise house and associated work.

a)    The Planning Manager highlighted that this was a full application to construct a rural enterprise house and ancillary works. The house would be in the form of a dormer bungalow and would measure 115 square metres and would include a porch, office, toilet, multi-purpose room, sitting room, dining room and kitchen on the ground floor and three bedrooms and a bathroom on the first floor.

The farm was described as one that extends to 84ha; the applicant owns 59ha and rents 24.3ha on a long-term tenancy, with 84ha being used as grazing land, 20ha for silage (one cut) and 8ha for silage (two cuts) and used as grazing land. The farm includes 118 cows with calves, 120 sheep, and 4 sows and 12 boars and 27 piglets. The applicant is also in partnership with Natural Resources Wales for grazing 1,618ha of common land.

A Design Statement and the business' accounts were submitted as a part of the application.

The application was submitted to the Planning Committee at the request of the local member.

It was highlighted that the site would be beyond the farmyard and outside any development boundary as defined by the Local Development Plan (LDP) with Policy PCYFF 1 stating, outside development boundaries, that proposals will be refused unless they are in accordance with other policies in the local development plan, national policies or if the proposal shows that their location in the countryside is essential. It was reiterated, as a result of the need to maintain and protect the countryside, that very special justification was required to approve the construction of new houses there, and therefore, new houses in the countryside were only approved in very exceptional circumstances. The exceptional circumstances under which new houses in the countryside could be approved are included in Technical Advice Note 6: Planning for Sustainable Rural Communities - July 2010 (TAN6) prepared by the Welsh Assembly Government, and the associated Technical Guidance document.

Reference was made to paragraph 4.3.1 of TAN6, which notes that one of the few circumstances in which a new isolated residential development in the open countryside can be justified is when accommodation is required to enable a rural enterprise worker to live at, or close to, his workplace. Whether this is essential in any particular case will depend on the needs of the rural enterprise concerned and not on the personal preference or circumstances of any of the individuals involved. TAN 6 also notes that Local Planning Authorities should carefully assess applications for planning permission for new rural enterprise dwellings to ensure that a departure from the usual policy of restricting development in the open countryside can be fully justified by reference to robust supporting evidence.

The applicant states that the business has existed for over 3 years. Business accounts for the previous three years were submitted to show that the business has made a profit in 3 of the last 4 years. Nevertheless, it appeared that  ...  view the full minutes text for item 12.