Conversion of
outbuilding to provide an affordable dwelling, together with alterations to
existing vehicular access, installation of a package treatment plant and
associated works.
LOCAL MEMBER:
Councillor Gareth Williams
Link
to relevant background documents
Decision:
DECISION:
To approve
Standard
conditions including:
Five years
in accordance with the plans, materials, landscaping, PD restriction
Minutes:
Conversion of outbuilding to provide an affordable
dwelling, together with alterations to existing vehicular access, installation
of a package treatment plant and associated works.
Attention was
drawn to the late observations form.
a) The Assistant Head of Environment submitted his report
after referring the Committee's decision on 10-01-22 to a cooling-off
period. A decision on the application
had been deferred to enable the applicant to prepare an open market valuation
of the proposed property in order to assess whether it would be possible to
determine a discount to make the property affordable. The purpose of reporting
back to the Committee was to highlight the planning policy issues, the possible
risks and the possible options for the Committee before it reached a final
decision on the application.
After the application had
been referred, a letter was sent to the applicant's agent on 12/01/22 asking
for a full market valuation of the property in order to enable the Council to
assess whether it would be possible to ensure that the property remained
permanently affordable by securing an appropriate discount on the market price.
A response was received
from the agent on 11/02/22, which included an Open Market Evaluation prepared
by a registered valuer to RICS (Royal Institute of Chartered Surveyors)
standards, following the recognised "Red Book" international
approach. It concluded that the fair market price for the completed property in
accordance with the submitted plans would be £275,000.
Given the definition of an
intermediate affordable house in the LDP as a house where the prices or rents
were higher than social housing rents but lower than the prices or rents on the
open market, and that the applicant in this case had been assessed by Tai Teg as qualifying for an affordable house, it was not
considered that the price, with a 50% discount, was unreasonable in relation to
ensuring that the property would be available for a local person on an income
that would not allow access to the open housing market. It was considered that including a 50%
discount in a 106 Agreement that would correspond with the consent, would keep
the property affordable and within a reasonable price to those in the community
that had been identified as eligible for a property of this type, was
acceptable.
Despite the justification
for the affordable element, it was considered that the existing building was
not a suitable structure to be converted into a residential unit in accordance
with local and national policies. It was noted that this site was in open
countryside and that the building was in a dilapidated condition and had
blended into the landscape. It was explained that local and national policies
were totally clear that only housing for serving rural enterprises or a one
planet development should be considered in open countryside, and no such
justification had been offered in this case.
It was reiterated that the increase
in the building's floor area of around 50% derived from the plan in question
and was contrary to the requirements of policy TAI7 of the Local Development
Plan which noted that no extensive extensions should be required to enable the
development, and the building in its current form (in terms of size) should be
suitable. It was obvious, from the need for vast extensions, that the
application did not meet the mandatory criteria for accepting plans to convert
traditional buildings in open countryside into residential use.
The risks to the Council from approving the
application, along with the options available to the Committee, were
highlighted. The officers noted clearly that the features of the application
had been thoroughly assessed by the Council's officers, who firmly recommended
that the application be refused as the proposal did not comply with the
requirements of the Anglesey and Gwynedd Joint Local Development Plan's adopted
policies, local and national guidance and national planning policies.
b)
Taking advantage of the right to speak, the local member made the
following points:
·
That the decision to approve the application at the Committee on
10-01-22 had been unanimous
·
That the open market price had been submitted
·
That the applicant qualified for an affordable house
·
This was a golden opportunity for a local young person to have a house
·
It was impossible to buy a house locally in the Botwnnog
ward - a discount of 50% was needed to address the affordable element - this
highlighted the housing situation of Pen Llŷn.
·
Why would a 'holiday home' be more acceptable than a 'home'?
·
That a structural report noted that the house was suitable for
conversion
·
Local people had to be supported
c)
It was proposed and seconded to approve the application
When considering
approving the application, the Head of Legal Services said that the reasons for
approval had to be balanced carefully in order to avoid setting a precedent.
Option b was proposed - Approve the application with a Section
106 Agreement - The only way to make the house affordable if a high discount
such as 50% is given on it.
ch) During the ensuing
discussion, the following observations were made by Members:
·
We must keep our Welsh communities alive
·
Too much talk of supporting local people - we must act
·
This was an opportunity to breathe new life into a ruin
·
That the structural report noted that the ruin was sound for
refurbishment
·
That an effort had been made to respond to the Committee's requests
·
This had been a Welsh home - this was a chance for it to become a Welsh
home again
·
If we want
to see change - we must challenge national policies
·
That the application responded to the need for affordable houses in the
area
In response to
a proposal to approve the application and a pattern of decisions that were
contrary to local and national guidance, the Assistant Head highlighted the
possibility that the decision could lie with the Welsh Government - the
application was contrary to policies and could set a dangerous precedent.
In response to
a question regarding the positive structural report and the officers noting
contrary to that, it was noted that the report confirmed that it was possible
to refurbish the building but that policies challenged the need for work beyond
constructing walls and a roof - there were vast extensions within this
application and therefore was contrary to policies.
RESOLVED: To approve with a 106 agreement
In accordance with the Procedural Rules, the
following vote to approve the application was registered:
In favour of the proposal to approve the
application, (13) Councillors: Stephen Churchman, Elwyn Edwards, Louise Hughes,
Anne Lloyd Jones, Berwyn Parry Jones, Gareth T Jones, Huw Wyn Jones, Eric M
Jones, Cai Larsen, Edgar Owen, Gareth A Roberts, Eirwyn Williams and Owain
Williams
Against the proposal to approve the application,
(0)
Abstaining, (0)
Standard conditions including:
5 years in accordance with the plans, materials,
landscaping, PD restriction
Supporting documents: