Agenda item

Proposed external works including reinstatement and extension to terrace/patio area, construction of a new wall and other various alterations

 

LOCAL MEMBER: Councillor Gareth Morris Jones

 

Link to relevant background documents

DECISION: To delegate powers to the Senior Planning Manager to approve the application subject to the following conditions:

 

1.         Time

2.         Compliance with plans

3.         Landscaping scheme

4.         Details of finishes/materials

5.         Eradicate invasive plants

6.         Agree/prevent work areas

 

External works including reinstatement and extension of terrace/patio area, construction of a new wall and other various alterations

 

The officer drew attention to the late observations form – following a second consultation, further observations had been received from the local member and the Community Council.

 

a)      The Planning Manager highlighted that this was a full application to undertake external works associated with a residential property. It was explained that the site was located outside the development boundary of Morfa Nefyn and was part of a cluster of other residential buildings that abutted the nearby beach. The site was not within the area of the Llŷn AONB designation, however, it was within the Llŷn and Enlli Landscape of Outstanding Historic Interest.

 

The application had been submitted to the committee at the local member’s request.

 

It was explained that the proposal had been amended from its original submission in response to concerns, and the proposal was now as follows: 

·         Creation of a front wall by using gabions filled with stone, which would also contain an internal space to be used for storage 

·         Improve and extend the existing terrace/external area above the wall and include new boundary treatment in the form of a series of wooden posts with a wire between them (this element had been changed from the original submission which included a glazed boundary treatment).

·         Raise the floor level in front of the property and create a low stone wall to highlight the separation between the land that the owners wished to keep private, and the area that ran alongside the sea wall which they were happy for the public to use as a right of way when needed (It was emphasised that this was not a formal public footpath, but a path that had historically been used by the public especially at times of high tide).

 

It was added that, through the use of conditions to agree materials and finishes, the Planning Authority was of the view that the proposal was not contrary to the design policies or to those policies that protected residential and visual amenities.

 

Despite concern about the proposal, it was noted that the land that was the subject of the application, was within the curtilage of a residential property where the owner had the right to rectify the existing patio levels and erect fences without the need for planning permission, and where there was no control over the colours and types of materials to be used. It was added that permission was only required for the engineering work and change of levels, but it was important to be mindful of what the applicant could do without permission. It was highlighted that the applicant had also been more than willing to discuss and agree on finishes and had taken note of the concerns that had arisen by revising the application. Nevertheless, as with any planning application, the Members were reminded that the decision had to be reasonable, especially when matters could be agreed through conditions. 

 

It was reported that the property was part of a cluster of adjacent houses  which were partly within the Site of Special Scientific Interest (SSSI) of Porthdinllaen to Porth Pistyll designation and the Clogwyni Pen Llŷn Special Area of Conservation (SAC), and opposite the Pen Llŷn a'r Sarnau Special Area of Conservation. Observations had been received from NRW and the Biodiversity Unit, and the conclusions from both noted that the proposal was unlikely to have a significant impact on the protected sites. 

 

It was also noted that the Green Infrastructure Statement highlighted that a new planting area would be maintained to the front of the new terrace and that additional shrubs would be planted to the rear – this would improve the biodiversity and was to be welcomed. Details of the type of native species would need to be agreed in order to be classed as a Biodiversity enhancement, and agreeing the type of planting would ensure that the site's appearance looked natural; this would contribute to softening the stonework.

 

Attention was drawn to comments that had been received which raised concern about the proposal's impact on the stability of the cliffs behind the site. It was noted that a series of supporting walls already existed on the applicant's land and there was no suggestion that work would be carried out to alter these elements; the proposed development would be undertaken within the front section of the site and would not spread to the rear of the site. It was also highlighted that the applicant had commissioned a geotechnical report which concluded that the work would not affect the cliff, and as with any property situated under a cliff, the situation would need to be monitored. It was also noted that NRW had not raised any concern regarding the stability of the cliffs.

 

Having considered all the relevant matters, the Planning Authority recommended approving the application with conditions.

 

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

·         He objected the application on the grounds of overdevelopment

·         The alterations would spoil the character of the traditional cottage

·         He was grateful to the Officers for holding discussions with the applicant to consider changing the original plan – the wire and post fencing was better suited than glass

·         The house was called 'Hafan' – there was no need to spoil what existed here – keep it as a 'Hafan Deg' (in Welsh, it meant fair haven – keep it as such)

·         The location was prominent, open and public, therefore there was a need to ensure that these alterations were tasteful and blended in with the area

·         There were calls locally for the patio to be less prominent, for nothing to impact on the cliff, and for the public to be allowed to continue using the right of way when needed (a suggestion to condition use of the path)

 

c)    In response to the suggestion of imposing a condition to ensure that the public continued to have access and use the right of way, the Planning Manager stated that this was beyond the scope of the planning permission and that this was a civil matter since it was private land. The Manager reiterated that the applicant was crystal clear that he had no intention of preventing public access.

 

Regarding concerns about ground stability, should more work need to be carried out, they applicant would be required to submit a planning application, but at present they did not consider that the work in question would have an effect.

 

With regard to conditions, the Manager noted that it was not possible to impose conditions regarding the size and shape of the development, but the could impose conditions regarding the materials.

 

d)    It was proposed and seconded to approve the application.

 

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

·         The changes could be implemented without planning permission

·         The alterations caused a negative effect on a cluster of old fishermen's cottages that were located on the beach and abutted the AONB - need to protect the view

·         There was a need to strengthen the policies to protect traditional houses – it would be sad to lose these small clusters along the coast – they were an attraction in themselves

 

RESOLVED: To delegate powers to the Senior Planning Manager to approve the application subject to the following conditions:

 

1.         Time

2.         Compliance with plans

3.         Landscaping scheme

4.         Details of finishes/materials

5.         Removal of invasive plants

6.         Agree/restrict work areas