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  • Agenda item

    Application No C23/0772/20/LL Land near Y Wern, Y Felinheli, LL56 4TZ

    • Meeting of Planning Committee, Monday, 18th March, 2024 1.00 pm (Item 7.)
    • View the background to item 7.

    Residential development and associated infrastructure works 

     

    LOCAL MEMBERS: Councillor Iwan Huws and Councillor Sasha Williams

     

    Link to relevant background documents

    Decision:

    DECISION: To delegate powers to the Head of Planning to approve the application, subject to a further assessment of the need for an educational contribution and to an appropriate 106 Agreement if required. The permission will be subject to the following conditions:

     

    1.     Commence within five years

    2.     Development to comply with the approved plans

    3.     Must submit and agree on a programme for providing affordable housing

    4.     Must agree on external materials including the roofing slates

    5.     Removal of permitted development rights

    6.     Welsh Water Condition

    7.     Highways Conditions

    8.     Biodiversity conditions

    - pre-occupancy condition to submit details of bird and bat boxes to be approved

    - pre-occupancy condition to submit and approve a 5 Year Set-up and Maintenance Plan as documented in the Green Infrastructure Statement

    9.     Trees conditions

    10.  An Arboriculture Method Statement must be prepared

    11.  The operational methods highlighted in the CEMP must be followed

    12.  A Welsh name for the housing estate and individual houses.

    13.  A condition to ensure that fences are erected to protect the habitat near the stream

    14.  A condition to ensure that a play area with equipment is provided

    15.  Restrict the use to C3 use class only

    16.  Land drainage condition – in accordance with the details received or in line with a plan to be submitted and agreed in writing with the LPA.

     

    Note – Welsh Water, Land Drainage Unit, Transportation Unit, Fire Service and

    Natural Resources Wales

     

    Minutes:

     

    Residential development and associated infrastructure works

     

    Attention was drawn to the late observations form regarding educational contribution, further observations from the Community Council noting concerns regarding flooding, drainage and parking, biodiversity matters as well as the applicant's agent's response to those observations / concerns.

     

    a)      The Planning Manager highlighted that this was a full application for a residential development with associated infrastructure work on a plot of land outside, but immediately adjacent to, the development boundary of the Coastal / Rural Village of Felinheli as defined by the LDP. Proposal includes:

    ·         23 affordable dwellings

    ·         Landscaping work including planting new trees and hedges

    ·         0.14ha of public open land as well as a specific play area

    ·         New vehicular access to the south of Y Wern estate through an existing informal parking place (the existing parking areas will be relocated)

    ·         Creation of a new estate road to meet the servicing vehicular access requirements

    ·         Drainage measures that will involve creating two surface water attenuation pools and diverting the existing public sewer.

     

    It was explained that the application site was partly on brownfield land near the existing housing estate, partly on an overgrown wooded site and the rest on agricultural land. It stood partly within the Gwersyll Dinas Listed Monument (CN 047) buffer zone and a small part of the site within Flood Zone B as defined by the maps that accompany Technical Advice Note 15 "Development and Flood Risk".

     

    In the context of the principle of the development, reference was made to Policy TAI16 which enabled housing developments on sites that were outside, but abut the development boundary but it had to be ensured that the proposal complied effectively with Policy requirements. As an exception to the usual housing policies, proposals for developments of 100% affordable housing may be suitable on a site of this type which directly abuts the development boundary. The policy noted that the site must form a logical extension to the settlement; it was noted here that the application site filled space within the development pattern of the village with the existing development surrounding three sides. It was reiterated that Policy TAI16 also showed that the acknowledged need could not be addressed within a reasonable timetable on a market site within the development boundary which included a requirement for affordable housing. It was reported that no housing sites had been earmarked within the development boundary of Felinheli and when considering the physical restrictions of the land within the development boundary of the village in terms of matters such as gradient and flood risk, it was not believed that it was likely that a suitable site for a development of this size to be available within the village in a reasonable time.

     

    It was also noted that proposals on such a site must be for a small-scale development, which was proportionate to the size of the settlement, unless it could be clearly demonstrated that there was a demonstrable requirement for a larger site. It was noted that 1,177 residential properties ("built up area" information from the 2011 Census) are located within Y Felinheli. This proposed development would therefore mean an increase of 1.95% in the current housing stock. It was therefore reasonable to consider that the scale of this proposal was small and proportionate to the size of the settlement. It was therefore considered that the application was in accordance with the requirements of Policy TAI 16.

     

    In the context of affordable matters, the Housing Strategic Unit confirmed that this plan would address the need identified in the area and that this plan would make a direct contribution to the aim of Cyngor Gwynedd's Housing Action Plan to provide more houses to meet the current high demand that existed locally.

     

    In the context of Location, Design and Visual Impact, it was considered that the proposal formed a reasonable extension to the village, and that the layout and materials of the proposed development was in keeping with the location in an appropriate way - the houses had been designed to a standard quality that would be in keeping with the feel of the village.

     

    Reference was made to the concerns received by the Community Council and others, relating to transport and access matters and the potential impact of the development on parking and road safety adjacent to the nearby school at busy times of the day. In response, the applicant noted that the level of on-the-road parking associated with the schools was obviously a matter of existing concern, but it would not be worsened by the proposed development. The plan would provide parking spaces instead of the ones in the vicinity of the access and parking spaces which complied with the Council's standards / requirements. Although a few on-street parking spaces would be lost as a result of retaining the proposed access, there would be substantial areas where on-the-road parking could be done around the school. Subject to appropriate conditions, the parking arrangements and vehicular access were acceptable by the Transportation Unit and it was not considered that the traffic caused by the new development would increase the risk for nearby road users in a significant manner.

     

    In the context of open spaces, it was noted that the development included an open space with equipment and, when discussing educational matters, it was noted from the late observations form that the Education Department's response noted that there was sufficient space within the schools to cope with the expected increase in pupils that would arise from the development.

     

    In response to the observations of the Community Council regarding flood concerns, reference was made to the TAN 15 Development Advice Maps and the Flood Maps and, looking at the topography of the area of the stream, it was considered that the design of the site levels meant that the paths of the water-courses were not at risk if there was a barrier in the existing water-course and therefore, if there was flooding, the development would not worsen the situation and there would be no impact on the proposed houses. It was reiterated that there was no objection to the proposed development based on flood risks by the Water Environment Unit or NRW, nor any objection to the surface water drainage proposal by any of the other relevant statutory bodies consulted.

     

    Reference was made to observations received by the Biodiversity Unit that were eager to ensure changes to the plan to protect existing habitats along the stream which ran along the southern side of the site. It was suggested that a 15m wide zone should be retained between the development site and the stream to protect the stream from the impacts of the development, suggesting that the estate road should be moved, that one of the drainage pools should be removed and possibly erecting fewer houses. The applicant responded to the observations noting that leaving a 15m wide zone between the site and the stream would mean that developing the site would be impractical. However, the plan was re-designed to bring the development as far as possible away from the stream, noting that the plan needed to comply with the other requirements regarding matters such as land drainage, parking, access and public open land and that there is no flexibility within the land under their control to realise all of the Biodiversity Unit's requirements.

     

    It was noted that a Green Infrastructure Statement had now been received and despite acknowledging the concerns of the Biodiversity Unit that it would be possible to set appropriate conditions to ensure that mitigation and enhancement measures were implemented to ensure that the site was developed in a way that was sensitive to biodiversity needs and meet environmental needs.

     

    It was considered that the proposal for developing affordable housing was designed to meet the local housing market needs and despite noting the concerns regarding the possible impact on biodiversity and flooding, it was considered that the plan was acceptable and complied with relevant local and national planning policies.

     

    b)      Taking advantage of the right to speak, the applicant’s agent noted the following points:

    ·         That the application provided 23 affordable houses - social / intermediate rent

    ·         That evidence had proved that the need for houses had been identified in the area

    ·         The plan offered a mixture of houses, bungalows and flats in a green area and had been designed in accordance with the local need

    ·         The land abutted the development boundary and was a reasonable extension to the village

    ·         That Felinheli was identified as a sustainable location for housing growth and that there was no other suitable site in the village

    ·         That there was an intention to provide quality homes - which were energy efficient

    ·         No objections had been received by specialist consultees during the process

    ·         In terms of flooding concerns, the finished floors of the houses would be approximately 600mm above the top bank of the water course - the development would not worsen the flood risk

    ·         That there was an intention to install a sustainable drainage system across the site that would include water storage features - discussions have been held with the Local Flood Authority and the SuDS approval body

    ·         That the existing roads network could cope with the new development - safe roads for pedestrians to have access to local services, education and public transport

    ·         That the parking provision was sufficient and that the Transportation Unit had no objection

    ·         The package in terms of economic, social and environmental benefits was compelling and unquestionable - the development contributed to the lack of affordable houses in the area

     

    c)      It was proposed and seconded to approve the application

     

    RESOLVED: To delegate powers to the Head of Planning to approve the application, subject to a further assessment of the need for an educational contribution and to an appropriate 106 Agreement if required. The permission will be subject to the following conditions:

     

    1.         Commence within five years

    2.         Development to comply with the approved plans

    3.         Must submit and agree on a programme for providing affordable housing

    4.         Must agree on external materials including the roofing slates

    5.         Removal of permitted development rights

    6.         Welsh Water Condition

    7.         Highways Conditions

    8.         Biodiversity conditions

    - pre-occupancy condition to submit details of bird and bat boxes and for these to be approved

    - pre-occupancy condition to submit and approve a 5 Year Set-up and Maintenance Plan as documented in the Green Infrastructure Statement

    9.         Trees conditions

    10.       An Arboriculture Method Statement must be prepared

    11.       The operational methods highlighted in the CEMP must be followed

    12.       There must be a Welsh name for the housing estate and individual houses

    13.       A condition to ensure that fences are erected to protect the habitat near the stream

    14.       A condition to ensure that a play area with equipment is provided

    15.       Restrict the use to C3 use class only

    16.       Land drainage condition - in accordance with the details received or in line with a plan to be submitted and agreed in writing with the LPA.

     

    Note - Welsh Water, Land Drainage Unit, Transportation Unit, Fire Service and Natural Resources Wales

     

    Supporting documents:

    • Land near Ger Y Wern, Y Felinheli, LL56 4TZ, item 7. pdf icon PDF 241 KB
    • Plans, item 7. pdf icon PDF 3 MB