Agenda item

Application for the erection of 16 dwellings with associated access, parking and landscaping

 

Local Member: Councillor Huw Rowlands

 

Link to relevant documents

DECISION:   TO APPROVE subject to the following conditions:-

1.       Five years.

2.       In accordance with the documents/plans submitted with the application.

3.       Natural slate.

4.       Samples of materials and colours for the houses to be agreed with the LPA.

5.       Highway Conditions.

6.       Soft and hard landscaping.

7.       Biodiversity and Tree Conditions including biodiversity enhancements and a habitats management plan.

8.       Working hours limited to ⁠8:00 - 18:00 during the week, 08:00 - 12:00 on a Saturday and no working at all on Sundays and Bank Holidays.

9.       Agree on details regarding Welsh names for the development together with advertising signage informing of and promoting the development within and outside the site.

10.     Ensure a plan/arrangements to provide the affordable units.

11.     Removal of general development rights for the affordable units.

12.     Submit a Construction Method Statement including parking provision for the builders' vehicles.

13.     Submit outdoor lighting details to be agreed with the LPA prior to installation.

14.     Archaeological mitigation measures condition.

15.     Provide and safeguard the open space for the future

16.     Welsh Water Condition

17.     Public protection conditions (Noise, Dust, Nuisance)

18.     Construction environmental management plan

19.     Details of PV solar panels on the roofs of the houses and the air source heat pumps.

20.     Welsh language Signs

 

Notes: Welsh Water, Highways, SUDS

 

Application to erect 16 dwellings with associated access, parking and landscaping.

 

Attention was drawn to the late observations form.

 

a)     The Development Control Team Leader highlighted that this was a full application to provide 16 affordable homes with a mix of houses, bungalows and flats that would also provide access for pedestrians to the A487, a vehicular access to the site and a formal play area with equipment in the centre of the site. It was explained that the site stood partly within the development boundary of the village of Dinas, opposite a garage and an outdoor equipment shop, with residential houses located opposite it and to its side. It was reiterated that the site had been used as a compound for a housing development located directly next door and was previously an informal car park after the demolition of a restaurant that had been located there.

 

As the majority of the site was located within the development boundary of Dinas the application was considered under Policy TAI 4, but there was also a small part of the site outside the development boundary, and it was therefore subject to policy TAI 16 as an exception site. It was reported that the indicative housing supply level for Dinas, along with the number of units completed and the land bank meant that the village would exceed its indicative growth level, and justification would be required for the proposal along with a language statement.

 

It was expressed that the houses would be managed by Adra, a Registered Social Housing Landlord which provided community housing for the area. It was noted that an Affordable Housing Statement and a Housing Mix Statement had been submitted with the application noting there was a proven need for smaller houses to meet the needs of smaller families. In terms of planning policy, it was considered that the proposal provided an appropriate number of affordable housing and that an appropriate mix of housing has been proposed in accordance with the need identified and confirmed by the Strategic Housing Unit.  In addition, reference was made to the Unit's figures which confirmed a shortage of 255 units in the Villages and Clusters tier, due to this and due to the proven need, it was considered there was justification for the units. 

 

It was reported that all units were being proposed as affordable and in order to manage the affordable provision in planning policy terms, it was proposed to impose a standard condition that would require the applicant to comply with the affordable housing provision plan. It was noted that the Affordable Housing Supplementary Planning Guidance confirmed the need for affordable housing within Villages to provide for the local need, namely people who needed an affordable house and who had lived in the Village or a surrounding rural village for a continuous period of five years or more; the Guidance also confirmed that a nearby rural area was defined as any Community Council that was 6km from the development site excluding properties within the development boundary of any settlement, other than the settlement within which the application was located.

 

A Welsh Language Statement was submitted with the application which had concluded that it was not expected that the proposed development would lead to any negative impacts on the Welsh language and was likely to have a minor beneficial impact given that this was a proposal for affordable homes for local people. The observations of the Welsh Language Unit on the development had been received and they were of the view that the proposal would have a minor positive impact on the Welsh language in the area.

 

It was noted that the objections received had noted that the Gwynedd Common Housing Allocations Policy did not consider the Welsh language, and therefore there could be no certainty what the impact of the development would be on the Welsh language. It was reiterated that the applicant's agent had provided information highlighting that 94% of the residents of Gwêl y Foel estate (a nearby housing development provided by Adra) were Welsh speakers (a percentage that was higher than the percentage for Llanwnda ward at 81%). Although objections had highlighted the concern about the allocations policy, the development would have to comply firstly with the planning permission that required the provision to be for local people. Consequently, it was not considered there was evidence that the proposal was likely to have a harmful impact on the Welsh Language.

 

It was considered that the design and finish of the houses was acceptable and appropriate for the area. It was reiterated that it was intended to landscape around the site, and it was considered appropriate to receive the full details of the landscaping as a planning condition. The site had been designed to avoid significant detrimental impact on the neighbouring properties and it would not have a detrimental impact on the privacy or amenities of any nearby resident.

 

It was noted that there was an objection to intensifying the use of the access to the development located directly next door to the proposal, rather than using the access from the site to the A487. In response, it was necessary to consider the proposal on its own merits, and on the basis that using the access via the adjacent estate was acceptable to the Transportation Unit, there was no basis to consider any other option.

 

It was also noted that the proposal was subject to a Habitats Regulations Assessment and the Local Planning Authority (LPA) was the competent authority to undertake the assessment. Originally, it had been reported that Natural Resources Wales had confirmed that they had significant concerns about the increase in phosphate emissions from a sewage treatment works to Afon Gwyrfai and the impact this could have on the river that was a Special Area of Conservation. By now, however, a review of the Welsh Water Environmental Permit for the discharge of treated water into Afon Gwyrfai from Llanfaglan Sewage Treatment Works had taken place and a phosphorus limit had been implemented.  Welsh Water confirmed that the Llanfaglan Sewage Treatment Works had capacity to process sewage from the proposal within its phosphorous limit and based on this information the Council's Biodiversity Unit (on behalf of the LPA) had reached the conclusion that the proposed development was unlikely to have a significant impact on afon Gwyrfai.  

 

It was reported that Ecological and Trees Reports had been submitted as part of the planning application along with a green infrastructure statement, and they were considered acceptable subject to planning conditions.

 

In terms of education, the proposal would not lead to nearby schools exceeding their capacity and therefore a financial contribution would not be required. The proposal would also provide a play area with equipment that would contribute positively towards the shortage that had been highlighted in the area.

 

Having considered all relevant planning matters it was considered that the proposal was acceptable, and it complied with the requirements of relevant local and national policies. The officers recommended approving the application with conditions.

 

b)     Taking advantage of the right to speak, the officer representing Adra, noted the following observations:

·        The proposal would provide 16 affordable homes that would meet Gwynedd's housing needs.

·        The development was subject to grant support from Cyngor Gwynedd in response to the housing crisis.

·        Phase one of Gwêl y Foel to construct 24 affordable homes had been completed with local people living in the houses.

·        The proposal offered a good mix of housing.

·        Adra had worked jointly will all consultees.

·        The plans were acceptable.

·        The officers recommended approving the proposal - the application complied with local and national policies.

·        Information demonstrated that 94% of the residents of phase one of the Gwêl y Foel estate were Welsh speakers which was substantially more than the 81% in Llanwnda ward and 64% in the county.

·        That phase one allocation policies had ensured that the tenants had a local connection to the ward.

·        There was an urgent need for homes.

 

c)       Taking advantage of the right to speak, the Local Member made the following comments:

·        The proposal responded to the need for affordable homes, but there was no evidence there would be no impact on the Welsh language in the local community.

·        Accepted that phase one had been successful and welcomed this, but there was no evidence that phase two would be as successful -  language use had not been assessed.

·        Applicants could note numerous areas on their Housing Options application form, and this therefore muddied the figures on need - the figures had to be robust.

·        This was a case of making assumptions about a situation and there was no certainty.

·        Concerned that the Gwynedd Common Housing Allocations Policy did not consider the Welsh language.

·        There was a need to review the Housing Allocation Policy.

·        Accepted that a language assessment had been submitted but it had been completed by the developer's agent. Did the agent have the relevant qualifications? It was a theoretical exercise.

·        The Language Unit had submitted a short, unsubstantial assessment - no confidence in their comments as the information had not been convincingly weighed up.

·        It was reasonable to consider the comments of Llanwnda Community Council which objected to the application on grounds that houses would be let under the Council's Common Housing Allocation Register which operated contrary to the Community Council's strategic aim of 'protecting and increasing the use of the Welsh language'.

·        To ask the Committee to refuse the application on grounds of a lack of evidence of its impact on the Welsh language.

 

d)     It was proposed and seconded to approve the application

 

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

·        Although accepting the Local Member's comments, there was a need to consider the Cyngor Gwynedd Housing Strategy - local people needed housing.

·        Adra had provided evidence that it was local people who lived in the houses.

·        Although there was no guarantee of the impact on the Welsh language, the Council had a responsibility to provide housing for local people.

·        Adra had a good record of supporting the Welsh language - of allocating houses to local Welsh-speakers.

·        Llanwnda Community Council had no evidence to support its statement.

·        The Allocation Policy was successful and prioritised housing for local people.

·        That phase one of Gwêl y Foel had a percentage of Welsh-speakers that was greater than the local percentage - the reason for this was that houses were being let to local people. Housing associations supported the language, the threat came from private housing.

·        The proposal would support local schools.

·        Although the impact on the Welsh language was not always clear in applications, it was clear here and it would strengthen the Welsh language.

·        Where else were local people supposed to live?!

·        There would be opportunities for occupants to learn Welsh - the main language of the local schools was Welsh.

·        There was no doubt of the need for housing locally - the intention was for it to be funded by Welsh Government.

 

·        The Welsh Language Commissioner (2019) had noted that the language assessment carried out on the Gwynedd Common Housing Allocations Policy did not comply with Welsh language standards.

·        There was missing data - the application should be refused based on Policy PS1.

·        There was a need to consider the number of births - young people were moving out of the County and there was no need for more housing, but nothing had changed - they were still developing.

·        There were no shops in the locality of the development. Which local school would it save?

·        The matter of satisfying communities had to be addressed. Lack of certainty in information - this needed improving.

·        Llanwnda Community Council had arranged a special meeting to discuss the matter - their concern was obvious. Had the Officers consulted with them? Discussions with local residents were crucial. Was Adra gathering opinions locally?

·        Dinas had reached its indicative growth level.

·        That 16 houses were too much for a relatively small section of land.

 

In response to the comments, the Assistant Head of Department noted that no evidence had been submitted that the proposal would harm the Welsh language, although evidence had been submitted to the contrary noting a positive impact. He reiterated that the proposal contributed to meeting the local need for housing met with the County's policies. He also noted that Officers consulted with communities, and this was part of the statutory process.

 

RESOLVED: TO APPROVE subject to the following conditions: -

1.         Five years.

2.         In accordance with the documents/plans submitted with the application.

3.         Natural slate.

4.         Samples of materials and colours for the houses to be agreed with the LPA.

5.         Highways Conditions.

6.         Soft and hard landscaping.

7.         Biodiversity and Tree Conditions including biodiversity enhancements and a habitats management plan.

8.         Working hours limited to 0⁠8:00 - 18:00 during the week, 08:00 - 12:00 on a Saturday and no working at all on Sundays and Bank Holidays.

9.         Agree on details regarding Welsh names for the development together with advertising signage informing of and promoting the development within and outside the site.

10.       Ensure a plan/arrangement to provide the affordable units.

11.       Removal of general development rights for the affordable units.

12.       Submit a Construction Method Statement including parking provision for the builders' vehicles.

13.       Submit outdoor lighting details to be agreed with the LPA prior to installation.

14.       Archaeological mitigation measures condition.

15.       Provide and safeguard the open space for the future

16.       Welsh Water Condition

17.       Public protection conditions (Noise, Dust, Nuisance)

18.       Construction environmental management plan

19.       Details of PV solar panels on the roofs of the houses and the air source heat pumps.

20.       Welsh language signs.

 

Notes: Welsh Water, Highways, SUDS