Agenda item

Re-submission: Change of use of land to create storage/sales yard associated with the existing commercial premises, together with the erection of security fence, install hard standing area and alterations to the agricultural access to create vehicular access to the yard. 

LOCAL MEMBER: Councillor John Pughe

Link to relevant background documents

 

 

DECISION: To approve contrary to the recommendation

 

1.    The development referred to in this permission must be commenced no later than FIVE years of the date of the permission.

2.    The development hereby permitted shall be carried out in strict conformity with the details shown on the plan(s) numbered 80 1 - 22 - 0 5; 801 - 22 - 70; 22/115/P 09; 22/115/P 04 a 22/115/P 03 Amendment A submitted to the Local Planning Authority, and contained in the application form and in any other documents accompanying the application, unless condition(s) to revise them is/are included on this planning decision.

3.    Before the facility hereby approved becomes operational as a storage/sales yard, the applicant must first submit details to be agreed in writing with the Local Planning Authority of any building and/or structure they propose to erect as part of the proposed facility, including their design and height.

4.    The facility hereby approved must be connected with the use the applicant proposed to make of the commercial premises on the High Street as a business centre for an agricultural goods/materials supplier and which is outlined in blue in plan number 22/115/P 03 Amendment A.

5.    The scheme for planting a mixed thorn hedgerow contained in plan number 22/115/P 03 Amendment A must be completed during the first planting season after the use becomes operational. In the event that any part of the hedge dies, is removed or becomes seriously damaged or diseased within the five-year period from the date it was planted, they must be removed and replaced during the next planting season with others of a similar size and species, unless the Local Planning Authority approves a commitment in writing.

6.    Before the facility becomes operational, the applicant must first submit details to be agreed in writing with the Local Planning Authority of any signs to be erected on the site, and those signs shall be in Welsh only, or bilingual with priority to the Welsh language.

7.    The applicant must comply with Part 6.0 (Summary and Conclusions) of the Floods Consequence Assessment (ref. KRS.0639.001.R001.A) dated September, 2022 by KRS Environmental.

8.    The improvements to the existing access must be carried out in strict conformity with the details contained in plan number 22/115/P 03 Amendment A.

9.    The delivery or distribution of goods to and from the site hereby approved shall not be permitted outside the hours of 08:00 to 18:00 Monday to Friday; 08:00 to 12:00 Saturday and not at all on Sunday.

 

The reasons for the Council's decision to permit the development subject to the conditions already noted:

 

1.    To comply with Town and Country Planning Acts.

2.    To comply with the provisions of the Town and Country Planning Act and to secure the satisfactory development of the site, and to protect the visual amenities of the area

3.    To secure the orderly development of the site and to protect visual amenities.

4.    To secure the orderly development of the site.

5.    To protect visual amenities and to ensure biodiversity enhancements.

6.    To protect and promote the Welsh language.

7.    To comply with the requirements of Technical Advice Note 15: Development and Flood Risk.

8.    In the interests of road safety.

9.    To protect residential amenities.  

 

Notes

 

1.    Due to the size and nature of the development it will be necessary to provide an application to the Sustainable Drainage Systems (SuDS) Approval Body for permission prior to the commencement of the building work. These systems must be approved by Cyngor Gwynedd in its role as the Sustainable Drainage Systems Approval Body prior to the building work commencing.

 

2.    The applicant's attention is drawn to the letter from Welsh Water dated 24/02/23 and the need to ensure that the development complies with the advice contained therein.  The letter can be viewed under this application’s reference number on the track and trace pages on the Council’s website.

 

3.    NOTE: The road verge in front of the access must be reinforced with 125 x 150mm low kerbs installed in accordance with 'Road Design'.

 

4.    NOTE: The Highways Agency shall not be responsible for any surface water from the road that enters the premises as a result of the development.

 

5.    NOTE: The applicant is instructed to write to the Highways Authority to be granted permission under Section 278 of the Highways Act, 1980 to undertake any work which entails changes to the existing road in order to create an access to the site.

 

6.    NOTE: Surface water from the site curtilage should not flow to the main road. The highway drainage by the access and along the frontage must be completed to meet the requirements of the Local Planning Authority before any work is commenced on the rest of the development.

 

 

 

DECISION: To approve contrary to the recommendation

 

Resubmission: Change the use of land to create a storage/sales yard associated with the existing commercial premises, together with the erection of a security fence, installation of a hard-standing area and alterations to the agricultural access to create a vehicular access to the yard

 

Some Members had visited the site on 15-05-23

           

a)    The Development Control Team Leader highlighted that this was a full application to change the use of land in order to create a storage / sales yard adjacent to Idris Villas, Tywyn, which would be associated with the existing commercial property located on the High Street. The proposal would include erecting a security fence, installing a hard standing area and alterations to the existing agricultural access to create a suitable vehicular access. It was reiterated that a Planning Statement, Flood Consequence Assessment and Initial Ecological Report had been submitted as a part of the application and subsequently on 29 March 2023, a Landscaping Plan had been introduced around the boundary fence.  Following the previous Committee, details were submitted on 28 April 2023 regarding the exit routes for HGVs from the site.

 

Reference was made to the visual impact amongst the refusal reasons on the previous application C22/1050/09/LL, with officers highlighting that the same concerns remained valid. Despite receiving a landscaping plan which showed an intention to landscape the external side of the security fence, it was considered that this would mitigate the visual impact of the development somewhat, however, it did not completely overcome the concerns.

 

In the context of transport and access matters and the observations of the Highways Unit (since the previous Committee on 17 April 2023), plans of the HGV exit routes from the site were received, as well as details on how the vehicles would turn within the site. It was noted that the site was central in the town and that the access on the external side would be in the bow of the road. Following a site inspection, it was considered that there was satisfactory open visibility in both directions. There would be parking within the site for customers and is considered acceptable to satisfy the requirements of TRA 2 of the LDP. The observations of the Transportation Unit on the latest additional information, which state their satisfaction with the plans that show the movements of vehicles leaving the site and they have no objection.  Based on the latest observations, it was considered that the proposal was acceptable in order to ensure the safe operation of the highway and compliance with policies TRA 4, criterion 6 of policy MAN 6 of the LDP and TAN 18: Transport.

 

It was noted that the officers considered that the development continued to be unacceptable based on flood concerns, the impact on the area's visual amenities, as well as the amenities of the nearby residents. Although some elements were acceptable, they did not outweigh the fact that the principle of the proposal failed to meet the national policy justification tests of Technical Advice Note 15. These concerns were raised in response to a Pre-application Enquiry where a recommendation against submitting an application was made, on the grounds that locating the proposal in a C1 flood zone could not be justified. A landscaping plan has now been submitted which will involve a slight improvement in terms of visual amenities, however it does not overcome all of our concerns. The additional information relating to vehicle access and egress paths has overcome our original concerns regarding road safety and therefore reason 4 can be deleted from the reasons for refusal.  However, it was considered that the proposal essentially remained similar to the details of the application that was refused earlier this year under application C22/1050/09/LL which is a material consideration.

 

b)    It was proposed and seconded to approve the application, contrary to the recommendation, on the grounds of economic impact - it would retain a business in the area.

 

c)    During the ensuing discussion, the following observations were made by Members:

·         That the existing site was dangerous - heavy traffic in the town centre

·         That the Local Member, at the previous meeting, had proposed good reasons for approval

·         The Town Council supported the application

·         The plans were an improvement in terms of visibility - possible to plant and erect a fence which would offer a better view

·         No flooding history in this area

·         No objection had been received to the application from the residents of the town

·         That the road leading to the existing site was busy - this offered an improvement to the situation

·         That this would not have a detrimental impact on the residents of Idris Villas

·         That the site visit had been very valuable

 

In response to a question regarding the reference to a goods 'storage' yard, and should there be a need in the future for a structure to store goods and the need for further planning consent for this purpose, it was noted that no information had been submitted with the application regarding the layout of the storage area and therefore, should the application be approved, there would be a need to impose a condition to ensure management of the storage arrangement and height. With the reference that the enterprise is 'ancillary to existing / commercial property', it would be essential to include a condition to address this.

 

ch)      An amendment was proposed to approve the application subject to imposing conditions, including:

-       Permission associated with the commercial property only

-       That the application corresponds to what is being noted by the Transportation Unit - access to follow the submitted plans - safe and wide

-       That sufficient planting and fencing is done along the boundary to reduce the visual impact - ensure that the planting is green and tall

-       That the site is lower than the houses and therefore there is a need to consider that the height of the goods being stored is capped.

 

In response to the improvement, the Assistant Head noted that including the 4 above conditions was acceptable and he reminded them of the need to impose conditions in order to act on issues arising from the flooding assessment. A further member was made by a Member that a condition needed to be included on managing the goods delivery / distribution times.

 

            RESOLVED to approve the application contrary to the recommendation

 

1.         The development to which this permission relates shall be commenced no later than FIVE years from the date of this permission. 

2.         The development hereby permitted shall be carried out in strict conformity with the details shown on the plan(s) numbered 80 1 - 22 - 0 5; 801 - 22 - 70; 22/115/P 09; 22/115/P 04 a 22/115/P 03 Amendment A submitted to the Local Planning Authority, and contained in the application form and in any other documents accompanying the application, unless condition(s) to revise them is/are included on this planning decision.

3.         Before the facility hereby approved becomes operational as a storage/sales yard, the applicant must first submit details to be agreed in writing with the Local Planning Authority of any building and/or structure they propose to erect as part of the proposed facility, including their design and height.

4.         The facility hereby approved must be connected with the use the applicant proposed to make of the commercial premises on the High Street as a business centre for an agricultural goods/materials supplier and which is outlined in blue in plan number 22/115/P 03 Amendment A.

5.         The scheme for planting a mixed thorn hedge contained in plan number 22/115/P 03 Amendment A must be completed during the first planting season after the use becomes operational. In the event that any part of the hedge dies, is removed or becomes seriously damaged or infected within the five year period from the date it was planted, they must be removed and replaced during the next planting season with others of a similar size and species, unless the Local Planning Authority approves a commitment in writing.

6.         Before the facility becomes operational, the applicant must first submit details to be agreed in writing with the Local Planning Authority of any signs to be erected on the site, and those signs shall be in Welsh only, or bilingual with priority to the Welsh language.

7.         The applicant must comply with Part 6.0 (Summary and Conclusions) of the Floods Consequence Assessment (ref. KRS.0639.001.R001.A) dated September 2022 by KRS Environmental.

8.         The improvements to the existing access must be carried out in strict conformity with the details contained in plan number 22/115/P 03 Amendment A.

9.         The delivery or distribution of goods to and from the site hereby approved shall not be permitted outside the hours of 08:00 to 18:00 Monday to Friday;  08:00 to 12:00 Saturday and not at all on Sunday.

 

The reasons for the Council's decision to permit the development subject to the conditions already noted:

 

1.         To comply with Town and Country Planning Acts.

2.         To comply with the provisions of the Town and Country Planning Act and to secure the satisfactory development of the site, and to protect the visual amenities of the area.

3.         To secure and orderly development of the site and to protect visual amenities.

4.         To secure the orderly development of the site.

5.         To protect visual amenities and to ensure biodiversity enhancements.

6.         To protect and promote the Welsh language.

7.         To comply with the requirements of Technical Advice Note 15: Development and Flood Risk.

8.         In the interests of road safety.

9.         To protect residential amenities. 

 

Notes

 

1.         Due to the size and nature of the development, an application will need to be provided to the Sustainable Drainage Systems Approval Body for approval before construction work commences.  These systems need to be approved by Cyngor Gwynedd in its role as the Sustainable Drainage System Approving Body before the work starts.

 

2.         The applicant's attention is drawn to the letter from Welsh Water dated 24/02/23 and the need to ensure that the development complies with the advice contained therein. The letter can be viewed under this application’s reference number on the track and trace pages on the Council’s website.

 

3.         NOTE: The road verge in front of the access must be reinforced with 125 x 150mm dropped kerbs installed in accordance with 'Road Design'. 

 

4.         NOTE: The Highways Agency shall not be responsible for any surface water from the road that enters the premises as a result of the development.

 

5.         NOTE: The applicant is instructed to write to the Highways Authority to be granted permission under Section 278 of the Highways Act, 1980 to undertake any work which entails changes to the existing road in order to create an access to the site.

 

6.         NOTE: Surface water from the site curtilage should not flow to the main road. The highway drainage by the access and along the frontage must be completed to meet the requirements of the Local Planning Authority before any work is commenced on the rest of the development.