Agenda item

Extend track under application reference nymber C21/1155/22/YA for a distance of 15 metres to the north of the existing entrance together with the construction of a bridge to cross a watercourse.  Lon Tyddyn Agnes, Llanllyfni

 

LOCAL MEMBER: Councillor Peter Thomas

 

Link to relevant background documents

 

 

DECISION: To approve the application subject to the following conditions: -

 

1.    Five years.

2.    In accordance with the details submitted with the application.

3.    Submit a tree planting plan to be approved in writing by the Local Planning Authority.

4.    Complete the development in accordance with the recommendations of the ecological report.

 

Note regarding the need to obtain the permission of the Transportation Unit to carry out work within the highway.

 

Note regarding the advice received from the Council's Water and Environment Unit

Extend track under application reference C21/1155/22/YA for a distance of 15 metres to the north of the existing entrance along with the construction of a bridge to cross the watercourse - Lôn Tyddyn Agnes, Llanllyfni

 

The application was deferred at the Planning Committee on 13 June 2022 in order to inform one of the objectors who wished to speak at the Committee and hold a site inspection.

 

Some of the Members had visited the site on 04/07/22 to familiarise themselves with the layout and context of the proposal within the local environment. 

 

a)    The Development Control Office highlighted that is was a full application to extend the agricultural track approved under application reference C21/1155/22/YA for a distance of 15 metres to the north of the existing entrance along with the construction of a bridge to cross the watercourse off the Lôn Tyddyn Agnes unclassified county road in the community of Llanllyfni. The proposed track was located on land that is part of the Fferm Taldrwst agricultural holding. The site lies in open countryside and this section of improved grassland was used for livestock grazing.  

 

To support the application, the applicant submitted a Preliminary Ecological Survey as well as a Planning Statement, which referred to a number of the application's elements.

 

It was explained that this latest application had been submitted to extend the agricultural track for a distance of 15m to the north of the previously permitted access on the grounds that the new access was located within 25m of the class III county road (Lôn Ddŵr). The reasoning behind this latest application was that it would create an access that is nearer to the junction to enable lorries to enter and exit the site with ease and to avoid damaging the unclassified county road. It would also respond to discussions with the Transportation Unit regarding the deterioration of the unclassified county road (Lôn Tyddyn Agnes) and the Unit's wish to take the pressure of heavy lorries away from the road itself.

 

In the context of the history of this part of the agricultural holding, it may be considered that the principle of connecting the quarry pit to the local roads network for agricultural purposes was acceptable and that the principle of such a proposal had already been accepted when the previous notices were approved.

 

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.  As a result, it was considered that the proposal was acceptable subject to the inclusion of appropriate conditions.

 

b)    Taking advantage of the right to speak, an objector to the application made the following observations:

·         That a number of letters had been submitted objecting to the application.

·         That the application was contrary to environment and public safety matters

·         The Biodiversity Report in the 2017 application clearly expressed that rare species needed to be protected - no concerns this time?

·         That the road was narrow and not fit for purpose

·         That there had been a serious accident on the road with a neighbour suffering life-changing injuries - had informed and warned the Transportation Unit that an accident was inevitable

·         That the road was too narrow for heavy lorries that travelled back and forth transporting waste from the quarry - at least 40 full or empty lorries used the road

·         Public safety and local residents needed to be considered

 

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

·         That the planning application sought to build a small bridge that would be part of a previously approved agricultural track.

·         That the 15 metre bridge would be closer than the site of the original bridge on the junction of Lôn Tyddyn Agnes and Lôn Ddŵr near Llanllyfni.

·         The main intention of the application was to divert traffic completely off Lôn Tyddyn Agnes in accordance with the wishes of Gwynedd Council's Highways Authority.  The voluntary scheme would contribute towards reducing the impact of transport to and from the Tyddyn Agnes quarry and Fferm Taldrwst. It was considered that the measures were an improvement for local people's amenities, would improve highway safety and ultimately mean less maintenance work for Gwynedd Council on Lôn Tyddyn Agnes.

·         Aware, unfortunately, that a road accident involving a tractor had happened recently on Lôn Ddŵr. It was not possible to guarantee that there would be no accidents on any road, wherever its location or whatever its condition. By undertaking this scheme, it was  trusted that the risk of accidents on the road in the future may be reduced somewhat.

·         That all activities taking place in Taldrwst and Tyddyn Agnes quarry were in accordance with the current Planning, Agricultural and Environmental Regulations.

·         Aware that not everyone wished to see the plans in Taldrwst succeeding. However, the family had been tenants and owners of Fferm Taldrwst for nearly 150 years.  The aspiration and ambition was to improve the holding as much as possible, both economically and environmentally, with the intention of mitigating the huge health and safety problems at the site as a result of the quarrying activities of the past.

·         That the scheme made a substantial contribution to their aspirations as a family and also contributed to the amenities, employment and safety of the area to the future.

 

ch)     Taking advantage of the right to speak, the Local Member made the following observations:

·         Accepted the need to avoid damage to Lôn Tyddyn Agnes by reducing traffic

·         The Transportation Unit had no objection, despite the numerous objections from local residents about the increase in heavy vehicles

·         That planning consent had already been granted and so an increase in vehicles was inevitable

·         That there would be a legal and environmental advantage to be gained from filling the holes in the road

·         That creating an additional 15m track on the applicant's agricultural land would make sense, whilst accepting the concerns of the residents of Tyddyn Agnes - a serious accident had occurred on the road, with a neighbour suffering life-changing injuries

·         The road was popular with walkers, cyclists, children walking to school

·         That the road had blind corners and poor visibility

·         Suggested considering conditions of not driving lorries during school drop off and pick up times, as well as creating a passing place. A suggestion for the Transportation Unit to meet with the Local Member to consider traffic management conditions

·         That there were no permanent warning signs on the road - signs needed to be created since there was continuous use of lorries and tractors here

·         Important to find a balance between users, neighbours and business

·         That Gwynedd Council had a duty to ensure resident safety

·         Hoping to reach an agreement - did not wish to see another accident

 

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

 

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

·         Argued that the site was 'agricultural' - similar to a quarry

·         That the site was a rural site - roads and verges were being destructed

·         That a number of local residents were objecting

 

In response to a comment regarding the quarry's activities, the Assistant Head of Planning and Environment noted that the activities were being implemented in accordance with the legal requirements, and that the existing use was in line with regulations. The purpose of the strip of land was to improve user safety and remove vehicles off the road. It was reiterated that the Transportation Unit did not have an objection to the application and that the Health and Safety Unit did not have any grounds to object because the use of the quarry was already legal.

 

In response to a comment regarding an increase in the size of lorries, instead of the number, it was noted that it was not possible to manage the number of vehicles through the planning system, but it was accepted that clear communication about the nature of the use and the timetable was essential. It was reiterated that the management of the business was the responsibility of the applicant and that the service should be contacted regarding any notices. It was suggested that this information should be shared with the Local Member and Transportation Unit so that correspondence and signage could be improved. It was noted, in simple terms, that this was an attempt to rationalise and move vehicles away from a plot of deteriorated land - the work had temporary permission - it would come to an end when the work would be completed.

 

The Head of Legal Services reiterated that if there would be a deterioration in the condition of the road, then its repair would be a matter for the Transportation Unit.

 

RESOLVED: To approve the application subject to the following conditions: -

 

1.    Five years.

2.    In accordance with the details submitted with the application.

3.    Submit a tree planting plan to be approved in writing by the Local Planning Authority.

4.    Complete the development in accordance with the recommendations of the ecological report.

 

Note regarding the need to obtain the permission of the Transportation Unit to carry out work within the highway.

 

Note regarding the advice received from the Council's Water and Environment Unit.