Agenda item
Erection of 8 no. shepherds huts, installation of foul water receptacle and soakaway and infrastructure to serve shepherds huts.
LOCAL MEMBER: Councillor Elwyn Edwards
Decision:
DECISION:
To Refuse
1. The proposal would create new
permanent alternative camping accommodation within a Special Landscape Area and
is therefore contrary to point 1 of policy TWR 3 as well as PCYFF 1 of the
Anglesey and Gwynedd Joint Local Development Plan (2011-2026) which protects
the Special Landscape Area from this type of development.
2. The test of likely significant
impact suggests that there may be a significant impact on the features of the
Afon Dyfrdwy and Llyn Tegid SAC, due to the new
sewage treatment works proposed and the proximity to the SAC. This means that
an Appropriate Assessment is required but insufficient information has been
submitted as part of the application for the Local Planning Authority to be
able to complete an Appropriate Assessment in this case in accordance with the
Authority's requirements under the Conservation of Habitats and Species
Regulations 2017. It is therefore concluded that there can be no assurance that
the proposal will not have a significant or adverse effect on the SAC due to
the lack of information and therefore the proposal does not comply with the
requirements of the Conservation of Habitats and Species Regulations 2017 or
the requirements of policies PS19 and AMG 5 of the Joint LDP or chapter 6 of
PPW that deals with green infrastructure, net benefit to biodiversity, the
protection given to Sites of Special Scientific Interest and trees and
woodlands.
3. The site is partly located within
Flood Zones 2 and 3 for surface water and small watercourses as set out in the
'Flood Map for Planning'. No Assessment of Flood Consequences has been
submitted as part of the application and the application means providing a new,
very vulnerable development on ground floor level and therefore the proposal
does not comply with the requirements of paragraphs 6.1, 10.19 or 10.20 of
Technical Advice Note 15: Development,
flooding and coastal erosion (2025) that ensures that very vulnerable
developments are not located within flood zones where they would cause a risk
to life.
4. No drainage statement has been
submitted as part of the application, and therefore insufficient information
has been submitted to be able to confirm that the proposal complies with the
requirements of part 7 of TAN 15: Development, flooding and coastal erosion
(2025) in terms of providing a sustainable drainage system.
Minutes:
Erection of 8
shepherds' huts, installation of foul water receptacle and soakaway and
infrastructure to serve the shepherds' huts
Attention was drawn to the
late observations form.
a)
The
Senior Planning Officer highlighted that it was planned to erect 8 shepherds’
huts as part of the Palé Hall Hotel business. The
number of shepherds’ huts from the original proposal had been reduced from 10
to 8 following amendments to the application.
Three shepherds’ huts
would be located in the northern part of the site
closer to the hotel, with a further five located further to the south-west
around an existing small lake. It was explained that the site was located
within the grounds of the Palé Hall Hotel, a Grade
II* listed Victorian country house, approximately 1km from Llanderfel
and approximately 5.5km from Bala; the site was outside any development
boundary and therefore in open countryside.
In terms of relevant
planning restrictions, the location of the site was within the Dyffryn Afon Dyfrdwy Historic Landscape and the Bala Countryside Special
Landscape Area; within the catchment area of the Afon Dyfrdwy
and Llyn Tegid Special Area of Conservation (SAC); close to the Afon Dyfrdwy Site of Special Scientific Interest, partly within
the Wern Dywyll Wildlife Site and the whole site was
within the Palé Hall Parkland Tree Preservation
Order; part of the site was also within Flood Zones 2 and 3 for surface water
and small watercourses on the Flood Map for Planning.
The application was
submitted to a committee as the site was larger in size than could be
determined by delegated procedure.
In the context of an
assessment of the relevant planning considerations, it was noted that the
proposed creation of a new permanent alternative camping site within a Special
Landscape Area had been considered under Policy TWR 3 of the LDP. It was noted
that criterion 1 of policy TWR 3 stated that proposals for such new sites in
Special Landscape Areas would be refused, and therefore the proposal was
fundamentally contrary to the policy and to the requirements of policy PCYFF 1.
Reference was made to
Natural Resources Wales' concerns regarding the
potential impact on the Afon Dyfrdwy a Llyn Tegid
SACs. Although information had been submitted regarding the foul drainage
arrangements, the applicant had not provided hydrogeological evidence or a
Groundwater Risk Assessment, as required. As a result, an adverse impact on the
SAC could not be ruled out and sufficient information had not been received to
enable the Authority to complete an appropriate Assessment.
In the context of
flooding and drainage issues, although the site was partly located within Flood
Zones 2 and 3, a Flooding Consequences Assessment had not been submitted as
part of the application. With the proposal involving development that was a
very vulnerable development, it was in breach of the relevant requirements of
TAN 15: Development, Flooding and Coastal Erosion. In addition, a Drainage
Statement had not been submitted to indicate how surface water would be managed
on site and therefore there was insufficient information to demonstrate
compliance with the requirements of Part 7 of TAN 15.
It was recognised
that some elements of the development were acceptable. The Transport Unit had
no objection to the application and the impact of the development on visual
amenities, residential amenities and on the setting of the listed building was
considered acceptable in this case.
Officers recommended
that the Committee refuse the application.
b)
Taking
advantage of the opportunity to speak, the Local Member noted that he agreed
with the recommendation.
c)
It
was proposed and seconded that the application be refused in accordance with
the recommendation
ch) During the ensuing discussion,
the following observations were noted by Members:
·
The
development was too close to the listed building
·
There
was a lack of information
·
It
was disappointing that there was a recommendation to refuse an initiative that
would support existing business and create jobs in the area
In response to a
request for clarification for refusal reason 1, namely that 'the proposal would
create a new permanent alternative camping site within a Special Landscape Area
and therefore contrary to point 1 of policy TWR 3 and PCYFF 1 of the LDP which
protects the Special Landscape Area from this type of development', in
recognition of the impact of the development on visual amenities, residential amenities
and its setting near a listed building were acceptable, it was noted that the
application was one for permanent camping accommodation which was therefore
contrary to policy.
In response to a
supplementary comment that the application was for permanent camping
accommodation, but that the shepherds’ huts were wheeled and therefore movable,
it was noted that the applicant had indicated a proposal to leave the huts on
site throughout the year.
RESOLVED: To Refuse
1.
The
proposal would create new permanent alternative camping accommodation within a
Special Landscape Area and is therefore contrary to point 1 of policy TWR 3 as
well as PCYFF 1 of the Anglesey and Gwynedd Joint Local Development Plan
(2011-2026) which protects the Special Landscape Area from this type of
development.
2.
The test
of likely significant impact suggests that there may be a significant impact on
the features of the Afon Dyfrdwy and Llyn Tegid SAC,
due to the new sewage treatment works proposed and the proximity to the SAC.
This means that an Appropriate Assessment is required but insufficient
information has been submitted as part of the application for the Local
Planning Authority to be able to complete an Appropriate Assessment in this
case in accordance with the Authority's requirements under the Conservation of
Habitats and Species Regulations 2017. It is therefore concluded that there can
be no assurance that the proposal will not have a significant or adverse effect
on the SAC due to the lack of information and therefore the proposal does not
comply with the requirements of the Conservation of Habitats and Species Regulations
2017 or the requirements of policies PS19 and AMG 5 of the Joint LDP or chapter
6 of PPW that deals with green infrastructure, net benefit to biodiversity, the
protection given to Sites of Special Scientific Interest and trees and
woodlands.
3.
The site
is partly located within Flood Zones 2 and 3 for surface water and small
watercourses as set out in the 'Flood Map for Planning'. No Assessment of Flood
Consequences has been submitted as part of the application and the application
means providing a new very vulnerable development on ground floor level and
therefore the proposal does not comply with the requirements of paragraphs 6.1,
10.19 or 10.20 of Technical Advice Note 15: Development, flooding and coastal
erosion (2025) that ensures that very vulnerable developments are not located
within flood zones where they would cause a risk to life.
4.
No
drainage statement has been submitted as part of the application, and therefore
insufficient information has been submitted to be able to confirm that the
proposal complies with the requirements of part 7 of TAN 15: Development,
flooding and coastal erosion (2025) in terms of providing a sustainable
drainage system.
Supporting documents:
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