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Agenda item

Outline application for the erection of a rural enterprise dwelling

 

LOCAL MEMBER: Councillor Peter Garlick

 

Link to relevant background documents

 

Minutes:

Application No. C19/0169/19/AM - Gypsy Wood, Bontnewydd, Caernarfon

 

         Outline application for the erection of a rural enterprise dwelling

 

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

 

(a)       The Planning Manager elaborated on the background of the application, and noted that it had been submitted to the Planning Committee at the request of the Local Member.  It was explained that the decision had been deferred at the Planning Committee on 29.04.2019 in order to assess the content of the late letter received from the landowner's solicitor. The letter noted that the landowners would be  transferring the business to the applicants and selling the section of land where it was intended to build the house that was the subject of the application, to the applicants.

 

It was reported that the application site was located approximately 250m away from the development boundary of the village of Bontnewydd, and in terms of the Local Development Plan, it was located in open countryside.   As a result of the need to maintain and protect the countryside, special justification was needed to approve the construction of new houses in the countryside. It was noted that Policy PS17 of the Local Development Plan stated that only housing developments that complied with Planning Policy Wales and Technical Advice Note (TAN) 6: Planning for Sustainable Rural Communities, would be approved in open countryside.

 

Attention was drawn to paragraph 4.3.1 of TAN6 which noted that one of the few circumstances in which new isolated residential development in the open countryside may be justified was when accommodation was required to enable rural enterprise workers to live at, or close to, their place of work.  It was further explained that this essential need for accommodation would depend on the needs of
the rural enterprise concerned and not on the personal preference or circumstances of the applicant.

         

It was noted, should the situation with the land ownership and the business change officially in the future, then it would be required to re-assess the proposal in its entirety against the relevant sections of TAN 6.  It was reported that it was premature and inappropriate to assess the situation in the future as there was no certainty that this would happen.  Should the ownership circumstances officially change in future, it would be required for the applicants to provide the appropriate information to reassess the application in its entirety.

 

Attention was drawn to paragraph 4.11 of TAN 6 which noted that evidence must be provided that there are no other dwelling(s) or buildings that could be modified to satisfy the need. If dwelling(s) already exist on the enterprise, there would be a need to demonstrate why these cannot be used to satisfy the needs of the enterprise for residential workers, and the reason that labour or residential arrangements cannot be reorganised in order to ensure that the existing accommodation meets the needs of the enterprise without the need for another dwelling.

 

It was considered that this proposal of erecting a rural enterprise dwelling in the context of the business on the site was contrary to the requirements of policies PCYFF 1 and PS17 of the LDP as well as paragraphs 4.2.36 - 37 of Planning Policy Wales, section 4.3.1 of TAN 6:  Planning for Sustainable Rural Communities and section 2.13 of the Practical Guidance for TAN 6.

 

The Senior Solicitor expressed that the land had been transferred to the applicant, not the business, and with weekly modifications being received, it was difficult to assess the situation.  It was suggested that the best solution would be to submit the application from scratch when the entire business had been transferred to the applicant.

 

(c)     It was highlighted that the Local Member was very supportive of a favourable outcome following the latest information that had been received. 

 

(ch)   It was proposed and seconded to refuse the application.

 

(d)       During the ensuing discussion, the following main observations were noted by members:

·         That the recommendation to refuse was in line with the relevant policies

·         That approving the application would create a dangerous precedent

·         The need was not proven

 

In response to a question regarding proposing a different recommendation if the business had been transferred in full, the Planning Manager noted that tests would need to be completed and further evidence gathered.

 

(dd)   RESOLVED to refuse the application on the following grounds

 

·      The site is located in open countryside from a planning policy perspective, and the planning statement and rural enterprise dwelling evaluation confirms that individuals who own 50% of the rural enterprise business, own the land where the business is located and live in a property already located on the site.   Therefore, the Local Planning Authority is of the opinion that any functional need that exists with the business on the site is already met and that erecting an additional dwelling on this site would therefore be contrary to the requirements of policies PCYFF 1 and PS17 of the LDP, as well as paragraphs 4.2.36 - 37 of Planning Policy Wales, section 4.3.1 of TAN 6:  Planning for Sustainable Rural Communities and section 2.13 of the Practical Guidance for TAN 6.

 

·      The current proposed access for use to serve the proposal in question is sub-standard with regard to visibility towards the direction of Bontnewydd. To this end, the proposal is contrary to the requirments of policy TRA 4 of the Gwynedd and Môn Unitary Development Plan 2017 with regard to ensuring road safety.

 

Supporting documents: