Agenda item
- Meeting of Planning Committee, Monday, 11th February, 2019 1.00 pm (Item 6.)
- View the background to item 6.
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
Minutes:
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 concern
·
The applicant had had an
opportunity to modify the plans in accordance with the comments and concerns of
the Committee and the local community, but had chosen to ignore this.
·
That the open space was
located near the railway, and although the agent noted that an anti-climb fence
would be installed, children would find a way of going over or around the
fence;
·
That the open space was
near a gas sub-station - the location endangered the safety of children
·
That a protest had been
held locally, stating that the safety of children was more important than
building houses
·
New plans had been created
by the local community but the applicant had not accepted the invitation to
discuss with them
·
That the location of the
bungalow for the disabled needed to be changed, as it was far from the main
road
·
That it was possible to
change the layout of the site to correspond to the wishes of the local
community and ensure the safety of children which was an important
priority;
·
Asked that the Committee
object the application as the location of the open space was certainly in the
incorrect place, and the location of the bungalow for the disabled.
(c)
It was proposed and seconded to refuse
the application as the open space was in an unsuitable site near the railway
and gas pipe
(ch) In
response to the above observations, the Officers noted:
·
That they
accepted that there was support for housing in the area and the need for
affordable housing
·
The main aspect
of the objection was the open space. Additional consultation had been carried
out with Wales and West Utilities, Welsh Highland Railway, the Building Control
Unit and the Council's Health and Safety Advisor. Their observations were
acceptable and they had not objected to the development
·
That the appeal
had already been lodged due to the delay in the decision
·
Should an
application be refused, the proposer and the seconder would be required to
defend the Council in an appeal
·
That the
application in question was being discussed and the information / plans
submitted by objectors should not be considered. It was emphasised that the
plan in question complied with local and national planning policies.
·
That the open
space was more than what was required, therefore there was an option to get a
buffer and a fence in addition to the fence proposed by the applicant;
(d) In
response to an observation that the applicant had not reassessed the plan in
accordance with the requirements of the Committee, it was noted that they were
not required to assess their plans as no policy matters asked them to modify
(dd) During the ensuing discussion, the following
main observations were noted by members:
·
That the element of
affordable housing was to be welcomed and the development would help to
safeguard schools and the Welsh language;
·
That housing ensured a
future for local children and people
·
That it was possible to
mitigate the reasons for refusal in reasonable methods
·
Another location in the
village could be considered for the playing field
·
That children could be
taught about the railway concerns
·
That the community plan
needed to be considered and priority needed to be given to the safety of
children
·
A suggestion to impose a
condition to move the playing field
·
It could not be accepted
that it was acceptable to have children in an area of risk
(ff) A
proposal was made and seconded to hold a registered vote
A registered vote was called
on the recommendation and over a quarter of the Members present voted in favour
of this.
In accordance with the
Procedural Rules, the following vote was recorded:
RESOLVED
to refuse the application as the layout of the site was unsuitable with the
open space in the incorrect location due to its proximity to the gas
sub-station and the railway, and the associated risk to children.
In favour (7) : Councillors Louise
Hughes, Elin Walker Jones, Eric Merfyn Jones,
Dilwyn Lloyd, Gareth A. Roberts, Eirwyn
Williams, Gruffydd Williams
Against (4) : Councillors
Stephen Churchman, Anne Lloyd Jones, Edgar Wyn
Owen, Cemlyn Williams
Abstaining (1) : Councillor Huw Wyn Jones
Supporting documents:
- Land to rear of Tan y Celyn, Swn y Mor and Talardd, Llanwnda, Caernarfon, item 6. PDF 167 KB
- Plans, item 6. PDF 1 MB