Agenda item

Full application for the erection of up to 15 No. Affordable Dwellings and Associated Development including creation of a new vehicular access and estate road, landscaping and creation of a sustainable surface water drainage area. 

 

LOCAL MEMBER: Councillor Jina Gwyrfai

 

Link to relevant background documents

DECISION: To approve with conditions and subject to a 106 agreement or unilateral agreement for securing a contribution to open spaces

 

1.     Time

2.     In accordance with the plans

3.     Materials

4.     Affordable housing condition

5.     Highway conditions

6.     Biodiversity conditions

7.     Landscaping condition

8.     Welsh Water Condition

9.     Removal of permitted development rights involving extensions and use

10.  Drainage matters.

11.  Building Control Plan

12.  Matters relating to air pumps

 

Full application to build 15 affordable homes with associated developments including the creation of a new vehicular access and estate road, landscaping and creation of a sustainable surface water drainage area.

 

         Attention was drawn to the late observations form.

 

         Some members had visited the site on 25-03-26

        

a)           The Development Control Team Leader highlighted that this was a full planning application to erect 15 new affordable houses, as well as associated work on an adjacent site, but outside the current development boundary of the village of Trefor. ⁠It was reiterated that the provision would offer a mix of houses - 4 two-bedroom bungalows, 5 three-bedroom two-storey houses, 1 four-bedroom two-storey house and 1 six-bedroom house. Externally, they would be finished with a mixture of render, stone and cement cladding on the walls and a natural slate roof and solar panels.

 

Confirmation was received from the applicant that the development was submitted in the form of a neutral plan in terms of tenure, which would provide 100% affordable housing. The owner would be Grŵp Cynefin, providing a mix of tenure such as social rent housing, intermediate affordable rent housing and part-ownership in accordance with the demand.

 

It was reported that the land was currently an agricultural field with residential houses to the west and houses directly opposite. It was noted that there was a fence, cloddiau and hedges on the boundaries and a class 3 public road alongside the northern boundary, with the site and the wider area within the designations of the Area of Outstanding Natural Beauty and within the Llŷn and Enlli Landscape of Outstanding Historic Interest.

 

In accordance with the arrangements of the Planning Service Delegation Scheme, the application was submitted to the Committee as it was an application for 5 or more houses. It was considered that the proposal, as submitted, was acceptable based on the following:

·        That the Authority's adopted policies stated that Councils would seek to ensure an appropriate level of affordable housing in the LDP area.

·        The proposal would provide a 100% affordable development with the Housing Strategic Unit confirming that there was evidence of the need to justify the provision, in order to address the needs of the local community.

·        49 was the combined figure on the Tai Teg register for intermediate housing, and the Social Housing register for Trefor, as well as the nearby villages of Llanaelhaearn, Llithfaen and Clynnog for housing. Despite this, and as a result of receiving additional, more detailed and specific information from the agent, the housing need figure had now been noted as a minimum of 25, namely the number of the people on the housing need list who had been identified as having a five-year connection to the area. It was considered that these figures confirmed that real affordable local need existed to justify the development of 15 houses to address the local need.

·        That a further response had been received from Natural Resources Wales (NRW) based on their concerns about the impact on the Area of Outstanding Historical Beauty (AONB). They expressed as follows: "We continue to have concerns regarding the application as submitted as insufficient information has been provided to support the proposal. To address these concerns, you should seek more information from the application regarding the landscape. Should this information not be provided, we will object to this planning application". It was elaborated that their observations also included the following: "it is a matter for you as an Authority to balance the scale of the change, whilst considering the benefits deriving from the plan".

·        That a detailed Landscape Visual Impact Assessment had been received in response to the latest NRW observations, which included pictures of views of various locations within and outside the village. It was noted that the assessment concluded that there would be a small visual impact on the character of the landscape and local recipients.

·        That the nature of the landform on the field's southern and eastern boundaries was gradually elevating which suggested that the views from the development would be limited or set against the built context. From weighing up its setting within the AONB, and the views within and outside of the AONB, it was considered that the site offered itself as a reasonable extension to the village and there would be no significant impact on the designation. 

 

Given all the Planning considerations, it was considered that the proposal as submitted was acceptable and satisfied the requirements of relevant policies. The Officers recommended to approve the application with conditions.

 

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

·          That the development was to provide 15 affordable homes which would contribute to fulfilling the County's housing needs

·          The development would be led by Grŵp Cynefin, with financial support from the Welsh Government Housing Grant, under the control of Cyngor Gwynedd through a development programme

·          It addressed the Gwynedd Housing Strategy in response to the housing crisis, providing affordable houses to local people

·          They had worked with the relevant consultees to ensure that the plans were acceptable for them

·          They had met with the Community Council and the County Council several times to share and discuss the plan, and where possible, amend it to reflect their feedback

·          The scheme complied with local and national policies

·          That the Housing Strategic Unit's observations highlighted that the information submitted was consistent with the demand in the area

·          The development would have a positive impact on the language - it was likely to appeal to the area's Welsh speakers and the size of the development was likely to address the local need for housing

·          The use of the Allocation Policies in recent developments had shown that houses were given to people with a local connection and a high percentage were Welsh speakers

·          That Cyngor Gwynedd's Common Housing Policy had recently discussed with the Language Commissioner, who believed that the policy was entirely appropriate

·          Recommended approving the application to secure 15 new homes for people in the community to have the right to live at home

 

c)           Taking advantage of the right to speak, the Local Member made the following observations;

·        This was the first application since the sixties to build social housing in Trefor. There were already 58 social houses there, but many of them were old quarrymen’s cottages (one or two-bedroom, no garden).

·        She thanked everyone who had prepared all the documents, data, photos, reports and assessments. She thanked the Planning Department officers for their observations, and the support, and comments from villagers – both in favour and against the estate.

·        She was happy with the site itself - although the development was outside the local village boundaries of Trefor, it abutted a new small estate of affordable housing, was close to the hall and the playground - the extension was logical for the village.

·        Affordability: 100% affordable on rent - exactly what was needed to help the frighteningly high percentage of local people who could never buy a home.

·        A mix of appropriate housing that would satisfy the various local needs, especially bungalows and three-bedroom houses.

·        The design of the estate, although it did not match the area's traditional stone, was acceptable. They were high-quality and energy efficient homes.

·        Bronze Age Remains: further archaeological research was needed; LIDAR photos showed the 'building' clearly, and the area around Tre'r Ceiri was sensitive. The site scraping and reports were not entirely convincing.

·        Infrastructure: Concerns in the village about the old sewerage pipes' ability to cope with the additional load. Surface water was another problem. Although Welsh Water / NRW had expressed concerns, and despite the vow to make improvements after planning consent was obtained, would this be thoroughly monitored? An element of uncertainty here.

·        Did not doubt or belittle the housing crisis, but there was a need to be certain about what was underway here. From the application, it appeared that there was a need to look beyond the village of Trefor and therefore what was the real need in Trefor, Llanaelhaearn, Llithfaen and Clynnog? Would people in Band 1A and 2 be prioritised? These were the bands to implement the local allocation policy on a community level. A local allocation policy was required, and not a common policy. Who guaranteed this? Who was monitoring? Social housing in Trefor had recently been given to people from outside the area, which caused a lot of resentment. Was there certainty, should the application be approved, that people from these four villages would be prioritised?

·        What was the need locally? Although there was sufficient data alleging the need for housing in these villages, was the evidence reliable? That data on the Cyngor Gwynedd Waiting List quoted in the Axis document was suspicious – the disclaimer referred to the possibility for duplication - in every village! The latest Rural Housing Facilitator Review was a desk top exercise, and their findings were quite different to the full public consultation conducted in 2022, where it was stated, disappointingly, that only 8 people with a local connection wanted social housing in the Eifl ward villages.

·        It was impossible to know the exact number of people on the waiting list that wanted to live in Trefor. How many would have put Trefor as the first choice on the registration form, if it was possible to note that?

·        Shortcomings in the current registration method meant that important information on village level was missing. The figures were a guess, an estimation at best, they could be misleading or perhaps incorrect. There was an element of risk, or a gamble here. A figure of 242 people on the waiting list for housing in the Ward. Incredible! 155 was the figure in February, with only 33 in Band 1A.

·        It was good to see the figures submitted later, which stated that 25 had a valid local connection. Was that enough to justify 15 new households? It was the Committee's decision. What exactly was the length of the 'local connection'? - 5 years for Cyngor Gwynedd, but 12 months for Tai Teg, which was completely unfair. 

·        In terms of tenure, the original vow was affordable housing on intermediate rent for local people. Why change this? Was a neutral mix of different tenants acceptable? 

·        Concern about the social fabric of the Welsh community - the Welsh language and PS1 matters. She was grateful for the inclusive, detailed language assessment from the Burum company, it was full of data, facts and an analysis based on current, progressive methodology. The 'likely' impact of the development was a 'small positive impact'. Note the words 'likely' ... 'small' were they certain? Was there doubt? Yes!

·        The fact that there was no data about the village of Clynnog Fawr jeopardised the accuracy of the conclusion.

·        There was activity in the village: Bowling Club, Community Lunch, Merched y Wawr, Fishermen Community, Knitting Club, Seindorf Trefor, Adran yr Urdd, Cycling Club, Sports Club, Chapel Services, Twtio Trefor Team, and a Welsh for Adults class: all of these were through the medium of Welsh. The village was inclusive, welcoming and naturally Welsh. Like everywhere, the Welsh language has eroded over the past few years. Although over 70% of residents spoke Welsh in 2021, we were on a linguistic critical threshold. The Welsh way of living was at risk, and 15 families could make an adverse difference.

·        Despite accepting that a lot of good policies existed to protect landscapes, biodiversity, construction standards, bats, environment, infrastructure, protecting Welsh communities that were shrinking and dwindling year on year was as important, but where was the policy to protect them? The intention of the 'Empowering Communities, Strengthening the Welsh Language Report' commissioned by the Welsh Government in 2024 was to act to revive Welsh communities. It included conditions to keep villages such as Trefor viable and create conditions for them to thrive. Simon Brooks was pushing for the continuation of the Welsh Communities Housing Scheme, for investment into estates such as this application as a way of empowering the Welsh language in its strongholds.

·        Trefor Community Council had sought 'assurances' and not 'likelihood' that the housing estate would succeed, not only to reduce the waiting list, but to protect and promote the Welsh language as a live community language. The Community Council's wish was for the Committee to go a step further and treat the application as an innovative one, by putting 'Welsh-speaker' as a condition for housing in Trefor.
Based on this only, the Community Council supported the application, and it was possible to make it happen.

·        The Welsh Language Commissioner's Office had obtained legal advice that stated unequivocally that it was completely lawful to impose the ability to speak Welsh as a social housing condition - Cyngor Gwynedd and the housing associations were aware of this.

·        Welsh Government's Cabinet Secretary for Local Government and Housing, Jayne Bryant, had confirmed that there was justification for including Welsh-speakers in Welsh communities on the social housing allocation priority list.

 

ch)    It was proposed to defer the application so that further consultation could be held with NRW regarding the impact on the AONB

 

d)           This proposal was not seconded

 

dd)       It was proposed and seconded to approve the application

 

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

·          The application was a reasonable extension to the village, and the mix of tenure was good

·          Recent reports detailed the number of houses let to Welsh speakers, but it had to be borne in mind that the Council had a statutory duty to consider the priority fields

·          There were 25 on the housing waiting list in the area. There were 15 houses here, therefore 10 would remain on the list

·          There was sufficient evidence of the local need

·          The field was extremely wet

·          It was disappointing that observations from the AONB Officers had not been received given that the site was within the AONB

·          Language Unit Assessment - the development 'was likely to appeal' - no certainty or guarantees in this comment

·          The people of Trefor, Llanaelhaearn, Llithfaen and Clynnog should be given first refusal

·          Did not want the Council to act unlawfully, or refuse the application, and lose on appeal

 

In response to a comment from the Community Council regarding imposing a Welsh language condition and that legal advice should be considered to amend the local housing allocation policy that would impose a condition to safeguard the Welsh language for future applications, the Assistant Head noted that Planning Policy Wales noted that: "Policies and decisions must not introduce any element of discrimination between individuals on the basis of their linguistic ability, and should not seek to control housing occupancy on linguistic grounds".

 

Imposing a planning condition to restrict the ownership of the houses to Welsh-speakers only, would be illegal.

 

In response to a question regarding the need for a six-bedroom house, it was confirmed that the need had been proven for a six-bedroom house, and a family had already been earmarked for it.

 

         RESOLVED:

 

To approve with conditions and subject to a 106 agreement or unilateral agreement for securing the contribution of open spaces

 

1.            Time

2.            In accordance with the plans

3.            Materials

4.           Affordable housing condition         

5.            Highway conditions

6.            Biodiversity conditions

7.            Landscaping condition

8.            Welsh Water Condition

9.            Removal of permitted development rights involving extensions and use

10.          Drainage matters

11.          Building Control Plan

12.          Matters relating to air pumps