Decisions

DECISION: To defer the application to allow time to respond and to discuss amended plans with the officers

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

1.    Five years.

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

3.    Compliance with the landscaping scheme together with future maintenance work.

4.    Secure a plan/arrangements for the provision of the affordable units e.g. occupancy criteria, timetable and arrangements to ensure that the units are affordable now and in perpetuity.  

5.    ⁠Compliance with the recommendations of the Ecological Survey, Arboricultural Impact Assessment and the Biodiversity Improvements Plan.

6.    Ensure a Welsh name for the development and for the dwellings together with signs that advertise and promote the development.

7.    Working hours limited to ⁠8:00-18:00 Monday to Friday; 08:00-13:00 Saturday and not at all on Sundays and Bank Holidays.

8.    Submission of a Construction Method Statement to the LPA to include measures to reduce noise, dust and vibration, parking of development operators' vehicles, loading/unloading of goods, storage of equipment on the site, security fences, facilities to wash wheels and a recycling/waste disposal plan.    

9.    Relevant conditions by the Transportation Unit. 

10.  Agree on the external finishes for the dwellings.

11.  Natural slate roofing.

12.  Ensure timely provision of the play area.

13.  Restrict occupancy of the Dwellings to C3 use.

Notes:            

·         Sustainable Drainage

·         Welsh Water

·         Natural Resources Wales

·         Transportation

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

1.    5 years

2.    In accordance with the amended plans

3.    The external walls of the extension and any work undertaken to the external walls to complement the existing property in terms of colour and texture.

4.    Restrict the occupancy of the flats to class C3.

5.    In accordance with the FCA

6.    In accordance with the Construction, Highways and Environmental Management Plan.

7.    ⁠Ensure that biodiversity improvements are undertaken in accordance with the Green Infrastructure Statement and plans prior to the flats being occupied for the first time.

8.    Parking spaces to be operational before the flats are occupied for the first time.

9.    Provision and securing of bin and bicycle storage.

10.  Ensure a Welsh name for the development and for the dwellings.

Notes:-

·         Vigilance of the presence of protected species when undertaking the work

·         Culvert note

·         Welsh Government’s Transportation Unit advice

·         Welsh Water Advice

SUDS

DECISION: TO REFUSE, contrary to the recommendation

Reasons:

·         The proposal is an over-development – it would create a cumulative tourism impact in an area where there is an excessive amount of existing touring and static caravans

·         It would cause harm to the visual quality of the landscape and would cause an unacceptable adverse impact on the amenities of local people, contrary to the objectives of policy TWR 5

DECISION: TO REFUSE

Reasons:

1.    The proposal is contrary to the requirements of Policies PS 17, TAI 1 and TAI 8 of the Gwynedd and Anglesey Joint Local Development Plan (2017) as it is considered that the applicant has not submitted sufficient evidence with the application to convince the Local Planning Authority that there is a need for additional one- and two-bedroom flats in Bontnewydd considering that this proposal exceeds the indicative figure noted in the Plan and would create an imbalance in the type and mix of small units within the village, and no evidence has been received that the proposal would respond positively to the needs of the local community.

2.    Evidence was not received about the need for the number of dwellings and up-to-date information within the Welsh Language Assessment to be able to assess whether the proposal meets the requirements of criterion 1c of Policy PS1 of the Anglesey and Gwynedd Joint Local Development Plan which requires a Welsh Language statement to demonstrate how proposed developments would protect, promote and strengthen the Welsh Language.  On this basis, the Local Planning Authority is not convinced that the proposal would not have a negative impact on the Welsh language in the plan area.

3.    The site lies within an area at risk of surface water flooding, and because sufficient information was not submitted with the Flood Consequence Assessment including a Water Conservation Statement which would have considered the safe development of the site and demonstrated that the proposed development would not displace surface water towards other properties, it is not believed that the proposal is acceptable based on flood risk and that it is, consequently, contrary to criterion 8 of policy PS 5, criterion 7 of policy PCYFF 2, criterion 6 of policy PCYFF 3, criterion 4 of policy PS 6, policy PCYFF 6 together with the instruction provided in paragraph 11.1 of Technical Advice Note 15.

4.    Insufficient information has been submitted as part of the application for assessing the impact of the proposal on the Special Area of Conservation, protected species and wildlife on the site. No Green Infrastructure Statement was submitted either, therefore the proposal is contrary to the requirements of policies PS19 and AMG 5 of the Anglesey and Gwynedd Joint Local Development Plan (2011-2026) which protect species and wildlife along with the requirements within Chapter 6, Edition 12 of Planning Policy Wales.

5.    The proposal is contrary to policy ISA 5 and the SPG for open spaces as there is no justification for the lack of provision of open spaces within the development while also taking account of the lack of evidence of the need for the number of dwellings and the high development density.

DECISION: TO REFUSE, contrary to the recommendation

Reasons:

·         Concern regarding the nature, scale and density of the development and its effect having a negative impact on the residential amenities of local residents - contrary to policy PCYFF 2 and TWR 2

·         Over-use of the narrow road leading to the site

DECISION: To approve with conditions 

1.    Time

2.    In accordance with the plans

3.    Materials

4.    Affordable housing condition

5.    Highway conditions

6.    Biodiversity condition/biodiversity enhancements

7.    NRW condition

8.    Welsh Water Condition

9.    Reserved Matters condition

10.  Removal of PD rights for extensions and restrict to C3 residential use only

11.  Protect the public footpath.

DECISION: To approve the application as presented, subject to amending outdoor music conditions to 4 events each calendar year during the time requested, namely 12:00 – 23:30

Additional Conditions to include:

·       Create detailed event safety management plans for each individual event which would be discussed with North Wales Police and Cyngor Gwynedd, agreed with each member of the Safety Advisory Group (SAG) and implemented by the Event Organisers.

·       Each event would seek approval from North Wales Police and Cyngor Gwynedd by presenting appropriate Risk Assessments for events and a Management Plan.

·       Measures to prevent crime and disorder and crowd management would be agreed with the police and other members of the SAG and incorporated in the Events Management Plan and implemented by the event organisers.

·       Each event will have a specific event safety management plan. Measures to ensure public safety will be discussed with members of the SAG and incorporated in the Events Management Plan and implemented by the Event Organisers.

·       The additional measures submitted in part M of the application, as conditions on the licence. 

To approve the application as presented, subject to including the following noise and lightning conditions submitted by the Environmental Health Department.

·       The internal LAeq 15min sound level and the LAeq 15min sound level for the 31.5, 63 and 125Hz frequency third octave band frequencies shall not be increased within nearby residential properties (measured with windows at the dwellings open or closed) as a result of entertainment noise emitted from the licensed premises. For the purposes of this condition the LAeq sound level is as defined in BS4142: 2019

·       To prevent noise or vibration emanating from the premises, doors and windows at the premises shall be kept closed during regulated entertainment, except for access and egress.

·       Should Gwynedd Council obtain evidence that the noise condition (i) is not being adhered to during the period when the licence remains in force; the premises owner shall carry out the following:

-        Carry out necessary noise insulation / abatement works to ensure that the noise condition is achieved; and / or

-        Install a noise control device in the room/s where entertainment is held. The noise control device shall either be of the automatic power supply cut off type or of the noise limiting type

·       Noise limiting devices, once set, shall not be reset, or adjusted without consultation with the Pollution Environmental Health Officers, Gwynedd Council.

·       The disposal of waste bottles and cans into containers outside of the building subject to the license is prohibited between 22:00 - 08:00. Empty bottles shall be stored in a lidded skip / bin within the cartilage of the premises prior to collection.

·       Music shall not be permitted to be played outside the establishment.

·       Internal and external lighting provided for the purpose of customer and staff safety, and for the security of the premises shall be positioned so as not to cause nuisance to neighbouring or adjoining properties.  

Additional conditions to include:

·       A report shall be submitted to the Council detailing the potential for noise from amplified music at the premises from affecting neighbouring noise sensitive properties on Stryd Y Farchnad, the High Street, Caernarfon, and the flats above the premise.

·       If the assessment indicates that noise from the premises is likely to affect neighbouring noise sensitive properties, then it shall include a detailed scheme of noise mitigation measures to show that nuisance will not be caused to the occupiers of neighbouring noise sensitive properties by noise from the licensed premises.

·       All recommended works shall be completed prior to the commencement of the premises license and the Licensing Authority is to be notified at least 5 days in advance of the works being completed and the premises being used.

·       A noise limiter will be installed to control and measure noise

·       The additional measures submitted in part M of the application, as conditions on the licence.