Outline application with some matters reserved to erect three dwellings, including one affordable dwelling, together with the creation of a vehicular access, pedestrian accesses and parking for up to 9 vehicles. Demolition of existing store and erection of new store in its place (revised application to previously refused application - C16/1235/20/AM).
LOCAL MEMBER: Councillor Gareth
Wyn Griffith
Minutes:
Outline application, with some reserved matters, to erect three
dwellings, including one affordable dwelling, together with the creation of a
vehicular access, pedestrian access and parking for up to nine vehicles.
Demolition of existing store-room and erection of new building in its place to
include store-rooms. (revised application to
previously refused application - C16/1235/20/AM).
(a) The
Planning Manager elaborated on the background of the application, noting that
according to the current version of the Development Advice Maps (maps were
updated on a quarterly basis), the front of the site in question lay within a
C2 Flood Zone. She noted that Technical Advice Note 15 "Development and
Flood Risk" (TAN 15) stated clearly that a highly vulnerable development
within a C2 zone should not be approved. She explained that "highly
vulnerable developments" included all types of residential buildings.
She
highlighted that previous appeal decisions, including a decision letter from
the Welsh Government Minister for Natural Resources Wales, makes it explicitly
clear that highly vulnerable developments should not be approved within a C2
Zone. Therefore, it was considered that there was no option but to refuse this
application as the development was contrary to the requirements of TAN 15.
She noted that Policy ARNA 1: Coastal Change
Management Area of the LDP stated that proposals for new housing within the
Coastal Change Management Area (CCMA) would be refused. She drew attention to
the fact that, as the site was within an area under threat of marine flooding
near a coastline registered as a CCMA, in accordance with Policy ARNA 1 of the
LDP, the application must be refused.
She emphasised that there were concerns in terms of
the design in addition to highways matters relating to parking and access over
a steep ramp that led directly over the pavement that ran past the site.
She noted that, having considered all the relevant
matters, including the local and national policies and guidance and the
observations received, this application was considered to be unacceptable as it
failed to satisfy the basic requirements of national and local planning
policies, specifically relating to floods but also in terms of transportation
and design.
(b) Taking advantage of the right to speak, the applicant’s agent
noted the following main points:
·
The site was already a mixed use of businesses and
a dwelling;
·
The proposal would make use of brownfield
·
The parking provision was on a high level with a
ramp and an escape route for residents should there be extreme floods
·
The measurements noted in paragraph 1.2 of the
report were incorrect - the floors of the houses would be raised 2.52m above
the level of Ffordd Glan y Môr to a level of 6.22m Above Ordnance Datum.
·
It was only the front of the site that was within a
C2 Flood Zone, which was less than 20% of the surface area of the site. It
would only affect the entrance from the highway
·
The proposal was acceptable in terms of Policy ISA
4 of the LDP subject to further discussions on the design and transportation
matters
·
There was a need to weigh up the wording of the
policy for floods against the reality of this proposal, given that it would
only affect the site entrance
·
Many houses and property in Felinheli
would be under water before this site.
(c) It was proposed and seconded to refuse the application.
During
the ensuing discussion, the following main points were noted by members:
·
Would it be possible to receive an explanation in
regard to the agent refuting the policy?
·
Would it be possible to see an enhanced image of
the design?
·
Would it be possible to provide an alternative
entrance to the site from the rear?
·
Concern about how much water would accumulate at
the entrance, meaning that emergency services would be unable to access the
site.
(ch)
In response to the above observations,
the officers noted that:
·
They recognised the agent's
observations in relation to paragraph 1.2 - if what was noted in the report was
incorrect, it would not change the situation. It was extremely important that
there was an access in and out of the site in case of an emergency
·
Natural Resources Wales (NRW) notes
that this type of development was highly exposed and that such developments
should not be granted within a C2 Flood Zone. NRW had no objection to the
proposal on grounds of flooding as this was a policy matter for the planning
officers
·
An appeal on a site opposite the Garddfôn pub had been refused on the grounds that the
entrance was within a C2 Flood Zone
·
It was a matter of principle, it would
be possible to overcome design matters, but the officers had not contacted the
applicant to discuss this aspect because the proposal was going against
principles
·
In terms of highways, the
Transportation Unit had raised a concern about elements of the application, and
had asked for additional information but, due to flood matters that could not
be overcome, the planning officers had not contacted the agent
·
The rear of the site, namely the
Caernarfon-Bangor former railway, was on a slope and it was presumed that the
land was not owned by the applicant. It was impractical or impossible to have
another entrance
·
The flood risk was unacceptable in
terms of any residential use on the site. The whole site was not wholly within
the C2 Flood Zone but the crucial part was within the zone, namely the
entrance.
RESOLVED to refuse the application.
Reason:
A residential development on this site would be contrary to the guidance provided in TAN 15: Development and Flood Risk as the development site is partly located within a C2 flood zone as identified by the 'Development Advice Maps' produced by Natural Resources Wales. A C2 flood zone is an area where it is acknowledged that a flood risk exists and so the application is contrary to Policy PS6 of the Gwynedd and Anglesey Joint Local Development Plan which states that new developments should be located away from areas at risk of flooding. In addition, the nearby coast had been identified as a Coastal Change Management Area in the West Wales Shoreline Management Plan and therefore, any residential development on the site would be contrary to Policy ARNA 1 of the Gwynedd and Anglesey Joint Local Development Plan.
Supporting documents: