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  • Agenda item

    Application No C21/0668/43/LL Land By Uwch Y Don, Bwlch Gwynt, Pistyll, Pwllheli, LL53 6LP

    • Meeting of Planning Committee, Monday, 13th December, 2021 10.00 am (Item 10.)

    Erection of Affordable dwelling  

     

    LOCAL MEMBER: Councillor Aled W Jones

     

    Link to relevant background documents

    Decision:

    To defer - a request for the applicant to submit more information and evidence that he is eligible for an affordable home

    Minutes:

    Construction of affordable dwelling 

     

    Attention was drawn to the late observations form.

     

    a)    The Development Control Team Leader highlighted that this was a full application to construct an affordable home (four bedrooms) on land above Uwch y Don, Pistyll.  The site was served by a steep unclassified county road which led from the centre of the village that was located within the Llŷn Area of Outstanding Natural Beauty and the Llŷn and Bardsey Island Landscape of Outstanding Historic Interest. The land had been designated as the Dolydd Pistyll Local Wildlife Site.

     

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

     

    Pistyll was designated as a Cluster village in the Gwynedd and Anglesey Local Development Plan, therefore, the relevant housing policy in this case was Policy TAI 6 Houses in Clusters. It was highlighted that only affordable homes could be approved in cluster villages and on suitable sites located adjacent to buildings that were coloured red on the Inset Maps and subject to complying with all of the policy's criteria. 

     

    It was highlighted that the proposal did comply with criteria 2, 3 and 4 of the policy, however in relation to criterion 1, whilst there was no doubt that the applicant complied in terms of being a local person, they had to consider whether the applicant was in genuine need of an affordable home as they already owned a house. No evidence had been received to demonstrate that it was not possible to extend the existing house to meet their needs and it was not clear as to how much equity would be released in selling the current house. Consequently, Tai Teg was not in a situation to assess whether the applicant had a genuine need for an affordable home. New housing in the countryside could only be approved as an exception to policy, as the last possible resort, and there had to be no doubt that the affordable element was valid. Whilst appreciating the applicant's situation, based on the information to hand, the application did not meet the requirements of criterion 1 of the policy.

     

    After the agenda had been published, an inconsistency in the scale of the printed plans were highlighted and amended plans had been received on 6/12/21. A four-bedroom, 6-person house was expected to have approximately 110m of internal floor space. The amended plans showed an internal floor area of 115m and it could be accepted that the applicant did require additional space for a home office. There was no longer any objection to the size of the house, however some concern remained on the size of the plot and the value of the property as no open market valuation had been submitted. Therefore, the proposal did not comply with criteria 5, 6 and 7 of the policy.

     

    Additionally, a lack of information regarding the impact of the proposal on the amenities of nearby residents and the wildlife site was highlighted, however as the proposal did not comply with some of the criteria, the applicant had not been asked to incur costs in providing such information.

     

    Having considered the proposal against the relevant policies it was considered that the proposal was unacceptable due to lack of evidence of an affordable property and concern about the size and value of the plot.  It was reiterated that the proposal did not seek to retain the site's natural features in the best way possible for such a rural location and they had not received a wildlife assessment. It was suitable for a cluster village; however, it did not meet every criterion under Policy TAI6.

     

    b)    Taking advantage of the right to speak, the applicant noted the following observations:

    ·         That he currently lived in a former council house in Nefyn.

    ·         He lived in a council street and suffered antisocial behaviour from neighbours who swore and shouted obscene things at him and his family when they spent time in the garden or as they approached their car.

    ·         He felt afraid in his own property with loud noises on the street at times, which affected the sleep patterns and development of his three-year-old son. The concerns had been referred to Adra and to the Police on more than one occasion. The situation was affecting their other nine-year-old son who suffered from a condition where he made himself sick if there was any disturbance.

    ·         He was deeply concerned about his children's mental health and wished to leave the street but also remain within the area to avoid any negative impact on the children by having to change schools.

    ·         Originally from Pistyll, he was eager for the right to live at home and contribute to his own locality and provide his children with a happy life, which was what he had experienced.

    ·         His family had lived there for five generations - his parents were farming the land and his father, who was now approaching retirement age needed more support on the farm and was suffering from the effects of knee surgery. As the only son, he felt that it was his duty to continue with the family tradition.

    ·         If he were forced to sell it would not be possible to stay in the local area as they were priced out of the housing market (suitable four-bedroom houses in Nefyn were in excess of £400,000 and there were no houses to rent in the area). This price was not realistic for a single person salary - his partner was studying a Mental Health course and was therefore not earning wages.

    ·         He relied on his mother to provide childcare - back-up support in Pistyll.

    ·         Tai Teg had said that the only way to address the criterion was to make his family homeless but that did not provide them with security.

    ·         That his current house was bound by a section 157 agreement and he was therefore in discussions with Gwynedd Council to sell the house back to them.

    ·         Approving the development would free up two houses for local people in the area and would help to revive Pistyll which was quickly turning into a holiday village.

    ·         He implored the Committee to give a local family that was more than willing to compromise the right to live at home.

     

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

    ·         That the application in question was unique.

    ·         That the applicant lived in a former Council house in Nefyn but antisocial behaviour issues in the street were having a substantial impact on him and his family and they wished to return to Pistyll, the village where he was born.

    ·         The applicant had been offered a plot of land by his father to build a house for the family - and this would also enable him to help out on the farm.

    ·         A 157 condition on the applicant's current house restricted the sale to people from Gwynedd. The applicant had contacted the Council’s Housing and Property Department to enquire whether they would be interested in buying back the house - this would mean affordable homes available for two families.

    ·         Tai Teg's advice was for the family to make themselves homeless!

    ·         A number of the aspects complied with the criteria of Policy TAI 6 and the applicant was prepared to compromise further with the requirements

    ·         Their hope was to create a forever home - not a palatial second home, but an affordable home for a local family

    ·         A number supported the application - no objections - letters had been submitted in support of the application

    ·         The vision of Gwynedd's Housing Strategy was to support everyone in Gwynedd to prosper and to live full lives in their communities and improve quality of life - this was an opportunity to do this - the family met the requirements, and so why refuse them? It was a deserving application.

    ·         Requested the Committee to use its wisdom and protect the residents of Gwynedd.

     

      ch) A proposal was made to approve the application and it was seconded.

     

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

    ·         The application was an unusual one - the size was acceptable but there was a need to ensure consistency with affordable homes requirements

    ·         The applicant was from Pistyll and was very active in his community - a golden opportunity here to show support for a local family

    ·         The proposal would blend in well in the area and with the nearby cottages

    ·         No local objection - the Community Council had pleaded with the Committee to approve the application

    ·         The AONB Unit had referred to the house as one of a relatively simple design

    ·         That a number of significant points had been included in the public consultations

    ·         Gwynedd Housing Strategy's chief mantra was to provide housing for local people

    ·         The location and size of the house were suitable - the only objection was the need to evidence that the applicant was eligible

    ·         The 157 Agreement on the applicant's property would free up the house in Nefyn - this was a solution to the problems in rural areas.

    ·         There was enough evidence here to approve - the applicant's property would not be sold on the open market - it would be restricted to Gwynedd residents only - it was assumed that its value would not be high

    ·         People needed support to buy locally and to stay in their communities

     

    In response to the observations the Assistant Head of Department noted that although he sympathised with the applicant, suffering antisocial behaviour was not evidence that the applicant was eligible for an affordable house. He noted that no evidence had been received to demonstrate that it was not possible to extend the existing house to meet their needs and it was not clear as to how much equity would be released in selling the current house. Consequently, Tai Teg was not in a situation to assess whether the applicant had a genuine need for an affordable home. Whilst appreciating the applicant's situation, based on the information to hand, the application did not meet the requirements of criterion 1 of policy TAI 6.

     

    dd)     Proposed and seconded - an amendment to defer the application to obtain more information

               

    RESOLVED: To defer - a request for the applicant to submit more information and evidence that he is eligible for an affordable home

     

    Supporting documents:

    • Land By Uwch Y Don, Bwlch Gwynt, Pistyll, Pwllheli, item 10. pdf icon PDF 267 KB
    • Plans, item 10. pdf icon PDF 1 MB