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  • Agenda item

    Application No C21/0617/16/LL Land near Cae Gors, Tregarth, Bangor, LL57 4NE

    • Meeting of Planning Committee, Monday, 1st November, 2021 11.00 am (Item 9.)

    Erect 12 affordable dwellings, new access and associated works.

     

    LOCAL MEMBER: Councillor Dafydd Owen

     

    Link to relevant background documents

     

     

    Decision:

    To delegate powers to the Senior Planning Manager to approve the application subject to the applicant completing a Legal Agreement under Section 106 to ensure a financial contribution for the provision of open spaces and the following conditions:

    1.    Five years.

    2.    In accordance with the plans and documents submitted with the application.

    3.    Natural slate.

    4.    Highway conditions.

    5.    Tree planting scheme.

    6.    Biodiversity mitigation measures conditions to include compliance with the requirements of the Preliminary Ecological assessment; provision of Pollution Prevention Plan; ensuring that the site is permeable for hedgehogs and submitting a biodiversity improvement plan

    7.    Limit working hours between 08:00-18:00 Monday to Friday, 08:00-13:00 Saturdays and not at all on Sundays or Bank Holidays.

    8.    Agree on details regarding a Welsh name for the development together with advertising signage informing of and promoting the development within and outside the site.

    9.    Removal of development rights from the affordable housing.

    10.   Ensure a plan/arrangements to provide the affordable housing.

    11.   Submit an Environmental Management Plan to include noise, vibration and dust.

    12.   Ensure compliance with British Number BS 5837:2012.

    13.   Condition to submit a foul water drainage plan from the development.

    14.   Samples of materials and colours for the houses and the hard and soft landscaping.

     

    Note: inform the applicant of the need to submit a sustainable drainage strategy plan for approval by the Council's Water and Environment Unit.

     

    Note: advise the applicant to consider local slate

     

    Minutes:

    Erect 12 affordable dwellings, new access and associated works.

     

    Attention was drawn to the late observations form.

     

    a)    The Senior Development Control Officer highlighted that the application was for the erection of 12 two-storey affordable homes on a site that was mostly located within the development boundary of the Local Village of Tregarth. The proposal included the following elements: -

     

    ·         Provision of 12 affordable homes in the form of: (i) 4 x two-bedroom houses, 4 persons (social rent); (ii) 4 x three-bedroom houses, 5 persons (social rent); 1 x two-bedroom house, 4 persons (intermediate rent) and 3 x three-bedroom houses, 5 persons (intermediate rent).

    ·         Closing the existing access from the class III county road (Tal Cae) and creating a new access further to the east.

    ·         Creating a footpath at the front of the site that would link with the existing footpath to the west.

    ·         Widening the adjacent road to 5.5m to meet the Council's adopted requirements.

    ·         Deviating the watercourse that ran through the site to the western peripheries of the site.

    ·         Creating ecological corridors.

    ·         Parking spaces within the curtilage of the proposed houses.

    ·         Erecting fencing of varying design, height and material. 

    ·         Erecting domestic sheds within rear gardens as well as bin storage sites.

     

    It was reported that the principle of constructing houses on this particular site was based in Policies PCYFF 1, TAI 4, TAI 15 and PS 5 of the LDP. It was highlighted that Policy TAI 4 supported new housing in local villages to meet the LDP's strategy through housing designations and suitable unallocated sites within the development boundary based on the indicative provision within the Policy itself. Consequently, the proposal would mean that Tregarth would move beyond its indicative growth level, however this site could be approved against general provision (based on the completion rate so far) within the Villages, Clusters and Open Countryside category.

     

    It was noted that Policy TAI 15 sought a suitable provision of affordable housing and with the proposed development proposing an increase of 12 affordable units, this meant that the proposal corresponded with the percentage requirements of affordable units within this Policy. It was noted that Policy PS5 supported development where it could be demonstrated that it was consistent with sustainable development principles including suitable sites within development boundaries and that the element of sustainable development and accessibility on this site would be one of the main considerations when selecting sites for housing within the LDP by the Planning Inspector. Given that all the houses would be affordable (rather than the 20% that needed to be provided), it was considered that the application was acceptable in principle.

     

    In terms of affordable housing and housing mix, and Affordable Homes Statement had been submitted by Adra along with a Housing Mix Statement in accordance with the requirements of Policy TAI8 and TAI15 of the LDP together with the SPG: Housing Mix and Affordable Housing. It appeared that there was robust evidence regarding the need for affordable homes and that the greatest need in the Tregarth area was for social and intermediate rented units consisting of two and three bedrooms. It could be ensured that the homes would be affordable currently and in perpetuity by imposing a standard planning condition within any planning permission.

     

    In terms of transportation and access matters it was highlighted that consideration had been given to the concerns of local residents regarding the suitability of the local roads network in coping with additional traffic. In response to the statutory consultation period, the Transportation Unit had confirmed that there was no objection to the proposal noting that the development proposed to improve the nearby road and would also provide parking on a ratio of two parking spaces per property; a small estate road with an access of standard design along with a turning space to allow vehicles to turn and exit the site in forward gear. The Unit recommended including relevant conditions/notes should the application be approved in order to ensure that the work was completed to statutory road safety standards.

     

    In relation to flooding and drainage local residents had submitted concerns regarding the fact that the watercourse running through the lowest part of the site was, currently, located within Zone A of the Development Advice Maps (DAM), included in Technical Advice Note 15: Development and Flood Risk (July 2004). As a result, there would be a need to realign the existing watercourse towards the western periphery of the site with the intention of discharging surface water from the site/new structure to the watercourse itself. Any water discharge to the watercourse would have to be agreed with the Water and Environment Unit as a Sustainable Drainage System Approving Body (CCS) and an Ordinary Watercourse Consent would be required for any work that could affect the river flow. It was suggested that a note could be attached referring the applicant to the need to obtain the relevant consents and licences from the Council's Water and Environment Unit prior to the commencement of any work on the site.

     

    In terms of open spaces, according to Policy ISA 5 of the LDP, proposals for 10 houses or more in areas where existing open spaces could not meet the needs of the proposed housing, should provide suitable provision of open spaces. The latest information received by the Joint Planning Policy Unit showed that there was a lack of play areas with play equipment for children in Tregarth and, therefore, to this end, a financial contribution of £2,380.43 would be required to meet this lack of provision. This contribution could be secured by asking the applicant to sign an Agreement under Section 106.

     

    It was considered that the proposal to develop 12 affordable homes would be a positive response to the various housing needs that had been identified in the area. It was not considered that the proposal was contrary to local or national policies and there was no material planning matter that outweighed the policy considerations.

     

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

    ·         The Arfon Planning Manager reported that the Community Council had no objection to the application. It was suggested that these three houses could be held back until the houses on the slope were constructed to show the pattern of the surface water flow.

    ·         What situation would the tenants of these houses be in should the houses suffer flooding - would they have insurance?

    ·         Concern about the safety of children near the river - would fencing be erected to prevent access to the river?

    ·         Need more information on the water discharge process - would the water affect livestock? Would it contain soap?

    ·         Accept the proposal to extend the footpath along the edge of the site, but surprised that the Highways Department had not commented on the narrow bridge located near the site.

    ·         It was proposed to include a condition about local slate rather than natural slate as there was a quarry nearby.

     

    c)     In response to the observations, it was confirmed that matters relating to the river had been discussed with the Water Unit prior to submitting the application and should the application be approved - in accordance with the new regulations, the process would have to comply with the statutory requirements.  It had also been confirmed that a 1.8m fence would be erected behind the gardens to prevent access to the river. It was noted that no observations had been received from the Highways Department regarding the bridge and it was suggested that the Local Member should contact the Department directly to discuss the concerns. In the context of using local slate, it was noted that the request was contrary to European requirements.

     

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

     

    d)    During the ensuing discussion, the following observations were made by members:

    ·         The use of natural slate rather than local slate appeared ironic given that the proposed site was within a slate area. It was accepted that it was not possible to enforce this, but it would be reasonable to ask the applicant to consider using local slate.

    ·         The bridge was very narrow and the concerns should be considered during the development.

     

    dd)   In response to an observation regarding the use of local slate, the Head of Legal Services noted that it was not possible to include a condition for a specific type of slate, but they could advise the applicant to consider local slate.

     

    RESOLVED: 

     

    To delegate powers to the Senior Planning Manager to approve the application subject to the applicant completing a Legal Agreement under Section 106 to ensure a financial contribution for the provision of open spaces and the following conditions:

     

    1.         Five years.

    2.         In accordance with the plans and documents submitted with the application.

    3.         Natural slate.

    4.         Highway conditions.

    5.         Tree planting scheme.

    6.         Biodiversity mitigation measures conditions to include compliance with the requirements of the Preliminary Ecological assessment; provision of Pollution Prevention Plan; ensuring that the site is permeable for hedgehogs and submitting a biodiversity improvement plan

    7.         Limit working hours between 08:00-18:00 Monday to Friday, 08:00-13:00 Saturday and not at all on Sunday or Bank Holidays.

    8.         Agree on details regarding a Welsh name for the development together with advertising signage informing of and promoting the development within and outside the site.

    9.         Removal of development rights from the affordable housing.

    10.       Ensure a plan/arrangement to provide the affordable housing.

    11.       Submit an Environmental Management Plan to include noise, vibration and dust.

    12.       Ensure compliance with British Number BS 5837:2012.

    13.       Condition to submit a foul water drainage plan from the development.

    14.       Samples of materials and colours for the houses and the hard and soft landscaping.

     

    Note: inform the applicant of the need to submit a sustainable drainage strategy plan for approval by the Council's Water and Environment Unit.

     

    Note: advise the applicant to consider local slate

     

    Supporting documents:

    • Land near Cae Gors, Tregarth, Bangor, LL57 4NE, item 9. pdf icon PDF 294 KB
    • Plans, item 9. pdf icon PDF 9 MB