Agenda item - Application No C23/0574/26/AC Hen Gapel, Caeathro, Gwynedd, LL55 2ST

Application to vary condition 1 on planning permission C18/0993/26/LL (which extended permission C09A/0412/26/LL for the erection of 12 dwellings and associated works) in order to extend the time granted to commence work for another five years.

Local Member: Councillor Menna Trenholme

Link to relevant background documents

DECISION:

To delegate the power to the Head of Planning to approve the application

1. 5 years

2. In accordance with the plans

3. Slate on the roof

4. Highway conditions - entrance, estate road, turning space, kerbs, footway, height of wall/hedge/fence

5. Details of fencing and flooding diversion

6. Plan of system to control surface water

7. Environmental Management Plan - to include lighting scheme and biodiversity improvements

8. Construction Environmental Management Plan

9. The applicant should adopt and comply with plan number TR-01-VR in the Tree Restrictions Preliminary Report (03.06.13) submitted with application number CO9A/0412/26/LL, and to also appoint a tree specialist and ensure that the obstructions are removed

10. All the work on the trees must be carried out in accordance with British Standard 5837: 2012

11. Landscaping

12. Removal of permitted delegated rights for the affordable units

13. To agree on external finish

14. The southern gable-end window of dwelling 5 on plan number BP/CB/12 submitted as part of application number C09A/0412/26/LL must be of opaque glass and permanently closed

15. Welsh names must be used for the development hereby permitted to include the name of the houses and the streets

16. The houses hereby permitted must only be used for residential use within the C3 Use Class as defined by the Town and Country Planning (Use Classes) Order 1987 (as amended) and not for any other use, including any other use within C Use Classes

17. Affordable Housing Scheme agreement condition

18. Biodiversity Condition

Application to vary condition 1 on planning permission C18/0993/26/LL (which extended planning permission C09A/0412/26/LL to erect 12 dwellings and associated works) to extend the time granted to commence the work for another five years.

Attention was drawn to the late observations form which contained observations regarding the Affordable Housing arrangement, residential use, Biodiversity matters and further comments from the Language Unit responding to the revised language statement.

a) The Development Control Team Leader highlighted that it was an application to vary condition 1 on planning permission C18/0993/26/LL to extend the period of the planning permission on the site for another 5 years. The site was located on a plot of land within the development boundary of Caeathro Local Village as defined in the LDP and it was reiterated that there were no changes to the original plan.

It was explained that the development of the site had been prevented in the past due to the concerns of Welsh Water regarding the capacity of the sewerage system to cope with the foul water that would derive from the site. The concerns had now been resolved. It was highlighted that the proposal consisted of five types of houses ranging from two-bedroom semi-detached houses to detached four-bedroom houses, satisfying the recognised need for housing within the local area; four of the 12 dwellings would be affordable (a 106 Agreement was already in place to control their occupation).

The importance of considering whether local and national planning policy circumstances or the policy position had changed since the original application was granted was noted. The proposal could only be considered differently if there was evidence of a substantial change in circumstances in the context of relevant policies.

Application C09A/0412/26/LL (the original application) was assessed against the policies in the Unitary Development Plan, i.e., the Development Plan in effect at that time and later application C18/0993/26/LL extending the original consent was assessed against the policies within the LDP. As the LDP remained in force, there was no change in the local planning policy position since the time the previous application had been assessed.

It was explained that the application site as a whole was located within the Caeathro development boundary as contained in the LDP and the proposal complied with the requirements of Policy PCYFF 1 which aimed to locate new developments within the development boundaries. It was expressed that Policies TAI 4 and TAI 15 were the relevant policies in terms of housing development within the boundaries of a Local Village such as Caeathro. These secure open market housing with a percentage of affordable housing, provided that the size, scale, type and design of the development were in keeping with the settlement's character.

In the context of visual amenities, it was noted that the site was identified as being in a fairly prominent spot in the centre of the village and adjacent to a busy road. Most of the houses would be visible from nearby public places but they would not be noticeable from afar as they would be seen in the context of existing housing developments within the village. The design, elevations, materials, layout nor the form of the houses have not changed since the previous application was approved in 2014. It was therefore considered that the proposal remained acceptable based on the requirements of Policy TAI 4, PCYFF 3 and PCYFF 4 of the LDP. In the context of general and residential amenities, the development was not considered to create any significant amenity harm to the amenities of nearby residents in terms of impacts such as over-looking, loss of privacy or creating dominant structures and therefore was acceptable on the basis of the requirements of policy PCYFF 2 in the LDP.

⁠In considering biodiversity matters, no significant change had occurred in the nature of the site's habitat since the previous applications were granted; the current conditions of introducing an Ecological Construction Management Plan and an Ecological Management Plan could be reiterated to protect existing biodiversity features and bring about improvements.

Although the site was not situated within a flooding zone due to concerns that the site had been flooded in the past, a Flood Consequence Assessment was received with the previous application which included mitigation measures (which included surface water management) and a plan to redesign and re-route an existing culvert running through the site. The Land Drainage Unit had confirmed that they had no further comments to that proposed on the previous application, and an existing condition required the submission of a comprehensive drainage scheme for the development; the proposal was acceptable based on Policy requirements ISA 1, PCYFF 5 and PCYFF 6 of the LDP.

In the context of educational provision issues, it was noted that the latest SPG: Housing Developments and Educational Provision superseded the previous SPG which meant that the figure per pupil had been reduced, and based on the information in the current SPG there would be an expectation for a total contribution of £50,480, which was less than the figure in the existing 106 agreement condition. To this end, it would be possible for the applicant to amend the 106 agreement later on the grounds of the current information at the time. It was reiterated that in the context of amenity open spaces, as there was no change in the scale or type of development from what was previously approved, along with the fact that a children's playground existed in the village and there was no change in the relevant planning policy, there was no justification for providing amenity spaces as part of the proposal.

The Local Planning Authority considered that the proposal met the requirements of the local and national policies and recommended that the application should be granted.

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

· In the past, the Watkin Jones Group had been prevented from developing the site due to Welsh Water's concerns about the capacity of the sewerage system in the area. These concerns had now been resolved, and had recently led to a condition relating to the drainage system. This would mean that should the application be approved, the site would be developed.

· They were working in partnership with local builders and affordable housing providers to ensure that the site was being developed. ⁠It would not be possible to start the development before the existing permission expired at the end of the summer, and therefore an application had been made to extend the consent.

· That the company was committed to providing homes on this site.

· A request was made for the Committee to support the officers' recommendation and to approve the application,

c) It was proposed and seconded to approve the application in accordance with imposing an agreed condition and the affordable housing scheme.

ch) In response to a question as to why there was no reference to a contribution for playground equipment or a contribution towards the maintenance of an existing playground, it was noted that as there was no change in the scale or type of development from that previously approved along with the continued existence of a children's playground in the village. There was no justification for providing an amenity area as part of the proposal.

In response to a comment that neither the Community Council nor the Local Member had commented and if the Local Planning Authority had re-consulted them, it was noted that officers would re-consult those Councils who respond consistently, but if they do not receive a response they would not re-ask. In response to an accompanying question that the boundaries of this ward had changed recently and that there was a different Local Member from the one consulted during the previous application. It was noted that the officers had consulted with the current Local Member. ⁠

RESOLVED: To delegate the power to the Head of Planning to approve the application