Agenda, decisions and minutes

Planning and Orders Committee - Wednesday, 2nd April, 2014 1.00 pm

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Venue: Council Chamber, Council Offices, Llangefni. View directions

Contact: Ann Holmes 01248 752518 

Items
No. Item

1.

Apologies

Minutes:

Apologies for absence were presented and noted.

2.

Declaration of Interest

Minutes:

Councillor Kenneth Hughes declared a personal and prejudicial interest in respect of application 12.5.

 

Councillors Lewis Davies, Ann Griffith, John Griffith and Nicola Roberts declared an interest in relation to applications 6.1 and 7.4 on account of the reference to wind turbines within the Plaid Cymru Manifesto but stated that they would consider each application on its own merits.

3.

Minutes of the 5th March, 2014 Meeting pdf icon PDF 201 KB

To submit the minutes of the previous meeting of the Planning and Orders Committee held on 5th March, 2014.

Minutes:

The minutes of the previous meeting of the Planning and Orders Committee held on 5th March, 2014 were presented and confirmed as correct.

4.

Site Visits pdf icon PDF 69 KB

To submit the minutes of the Planning Site Visits held on 19th March, 2014.

Minutes:

The minutes of the site visits held on 19th March, 2014 were presented and confirmed as correct.

5.

Public Speaking

Minutes:

There was a Public Speaker in respect of application 7.3.

6.

Applications that will be Deferred pdf icon PDF 138 KB

6.1 41C125B/EIA/RE - Bryn Eryr Uchaf, Menai Bridge

Minutes:

6.1       41C124B/EIA/RE – Full application for the erection of three 800kw-900kw wind turbines with a maximum hub height of up to 55m, rotor diameter of up to 52m and a maximum upright vertical tip height of up to 81m, the improvements to the existing access to the A5025 road together with the erection of 3 equipment housing cabinets on land at Bryn Eryr Uchaf, Menai Bridge

 

It was resolved to defer consideration of the application in accordance with the Officer’s recommendation for the reasons outlined in the written report.

7.

Applications Arising pdf icon PDF 719 KB

7.1 14C135A – Glasfryn, Tyn Lon

 

7.2 19C1046C/LB – Soldiers Point, Holyhead

 

7.3 33C302 – Penffordd, Gaerwen

 

7.4 44C294B – Plas Newydd, Rhosybol

Minutes:

7.1 14C135A – Full application for the erection of a dwelling and private garage, creation of a new vehicular access together with the installation of a package treatment plant on land adjacent to Glasfryn, Tyn Lon

 

The Planning Development Manager reported  that at its previous meeting held on 5th March, 2014, the Committee had resolved to visit the application site to assess the proposal and in particular the proposed access to the site, before making its determination. The Highways Authority had objected to the access as originally proposed due to substandard visibility. The site visit was carried out on 19th March, 2014. In the interim and further to discussions with the Highways Authority a revised access proposal was submitted in order to overcome the highway safety objection to the scheme and that is now the subject of consultation until the 10th April. Members were apprised of the revised proposal on site. The Highways Authority confirms that it has subsequently withdrawn its objection to the proposal. The recommendation is therefore one of approval subject to no new issues arising before the expiry of the consultation period and subject to a Section 106 agreement as detailed in the written report.

 

Councillor Nicola Roberts proposed that the application be approved and her proposal was seconded by Councillor Kenneth Hughes.

It was resolved to approve the application in accordance with the Officer’s recommendation subject to the expiry of the consultation period and to no new issues arising which have not already been considered in the determination of the application; subject to a section 106 agreement to limit the occupancy of the dwelling to local persons in affordable housing needs in accordance with Policy PT2 requirements and subject to any additional requirements  in relation to access arrangements and to the conditions listed in the written report.

 

7.2       19C1046C/LB – Application for listed building consent for demolition of part of the house at Soldiers Point, Holyhead

 

The Planning Development Manager reported that the Committee at its meeting on 5th March resolved that a site visit should take place prior to determining the application and that the site was subsequently visited on 19th March, 2014. The Welsh Government’s Arson Reduction Team has visited the site and notes that the subject building allows access to the main house. The team recommends that demolition of the subject building will in the long-term safeguard the main house. The Officer said that since the report was drafted  responses have also been received from the Royal Commission on the Ancient and Historical Monuments of Wales; the Georgian Group; Gwynedd Archaeological Trust along with the Council’s Conservation Officer to the effect that they are satisfied with the proposal. It is not considered that the proposed demolition will have an adverse effect on the special architectural or historical importance of the building and will contribute to improving the security of the site and the survival of the original house. The recommendation is therefore one of approval subject to no adverse observations  ...  view the full minutes text for item 7.

8.

Economic Applications

None to be considered at this meeting.

Minutes:

None were considered at this meeting of the Planning and Orders Committee.

9.

Affordable Housing Applications

None to be considered at this meeting.

Minutes:

None were considered at this meeting of the Planning and Orders Committee.

10.

Departure Applications pdf icon PDF 664 KB

10.1 19C452E – Canada Gardens, London Road, Holyhead

 

10.2 27C95C – Plas Llanfigael, Llanfigael

 

10.3 33C125L – Cynlas, Gaerwen

Minutes:

10.1    19C452E – Outline application for the erection of 18 dwellings on land at Canada Gardens, London Road, Holyhead

 

The application was presented to the Planning and Orders Committee as the approval of housing on the application site which is allocated to business use would be a departure from Policy 2 of the Ynys Môn Local Plan and Policies B2 and B4 of the Gwynedd Structure Plan.

 

The Planning Development Manager reported that whilst the application site is within the development boundary of Holyhead it has been allocated to business/industrial use in the Local Plan. However, an outline application for residential development of land at Canada Gardens was allowed on appeal in 2009 and the Officers are of the view that there has been no material change in the situation since that time that would lead to a different decision. If there has been any change it is that the local emphasis in relation to the location of industrial and/or business developments has become focussed out of town with the development of Parc Cybi. The business/employment designation of the application site was originally made in 1996. It is not considered that approval of the application would be detrimental to the Development Plan. There are no objections on technical grounds to the development by any of the statutory consultees and these matters were considered at appeal stage. The recommendation is to approve the application subject to a Section 106 agreement on the provision of affordable housing and a financial contribution towards the play area on London Road and maintenance arrangements for an acoustic fence.

 

Councillor R.Llewelyn Jones speaking as a Local Member voiced concerns regarding the traffic situation in and around the application site and he asked the Highways Officer to confirm that the Highways Authority is satisfied that no problems will arise as a result of the proposed development. The Senior Engineer (Development Control) confirmed that the application conforms to the technical requirements. The highways impacts of the proposal were scrutinised at appeal and the Inspector was satisfied that the concerns raised were not sufficient to warrant refusal which view accords with that of Highways Officers.

 

Councillor Jeff Evans said that he was not aware of any current business application or interest in the land in question. He sought clarification of what an affordable housing designation entailed in the circumstances. The Legal Services Manager said that a Local Authority standard Section 106 agreement for affordable housing stipulates that an affordable dwelling should not be sold for more than a specified percentage of the dwelling’s value on the open market subject to negotiations with the applicant based on the housing statistics within the area of the application.

 

Councillor Lewis Davies said that he believed the area to be suitable for such a development and that he thought it unlikely that the land would revert to a business use as business developments were concentrated out of town. Notwithstanding the traffic position, the Highways Officers are satisfied with the application. He proposed  ...  view the full minutes text for item 10.

11.

Development Proposals Submitted by Councillors and Officers

None to be considered at this meeting.

Minutes:

None were considered at this meeting of the Planning and Orders Committee.

12.

Remainder of Applications pdf icon PDF 980 KB

12.1 15C116E – 3 Bythynnod Gwenllyr, Malltraeth

 

12.2 19C967C – Millbank Sports Facilities, Holyhead

 

12.3 22C40A – Cae Maes Mawr, Llanddona

 

12.4 34LPA121R/VAR/CC – Ysgol y Bont, Llangefni

 

12.5 38C237B – Careg y Daren, Llanfechell

 

Minutes:

12.1    15C115E – Full application for alterations and extensions at 3 Bythynnod Gwenllyr, Malltraeth

 

The application is presented to the Planning and Orders Committee at the request of a Local Member.

 

Councillor Peter Rogers addressed the Committee as a Local Member and he made the following points in support of the application –

 

·         The application site is in a very prominent position on the coastal road between Newborough and Aberffraw in the village of Malltraeth

·         Permission to develop the site which used to be a farm and land the buildings of which had become dilapidated was granted in the early 2000s.

·         The units on site have now been completed to a high standard and the application if approved, would complete the development and would enhance the area which is highly visible.

·         A letter of support has been received from the occupants of the original farmhouse who support the proposal on those grounds.

·         The extension on the scale proposed is required to provide additional bedrooms to allow for the provision of respite care for the family’s two autistic children who have benefited from staying in the countryside at weekends and during holidays.

·         A similar development has previously been allowed in the area in an isolated location wherein planning consent was given for 5 units. The principle of consistency applies.

 

Councillor Ann Griffith said that she was addressing the Committee as a Local Member to a statement made by the applicants, and that she would not be voting on the matter. She referred to the following considerations -

 

·         The current subject building is used as a workshop.

·         The applicants at present reside in a one bedroomed cottage with living room , kitchen and a bathroom

·         They have 3 grandsons and 1 granddaughter. Two of the boys are autistic which means they have behavioural needs.

·         The children reside with their grandparents at least three times in the week and separate arrangements are required to provide bedrooms for the two autistic boys to meet their behavioural needs; the granddaughter, and also an elderly aunt who will be moving to live with the family in the near future and for whom the applicants have caring responsibilities. It is important that she has privacy in order to promote her independence.

·         The applicant’s current residence is too small and necessitates making use of the living room for sleeping arrangements.

·         The proposal does not have any impacts on amenities and no objections have been raised. There are letters of support from neighbours.

·         The extension will add to and complete the complex of cottages

·         The proposal is one of 5 cottages and is one of 15 of a cluster of dwellings of different shapes and sizes. The Committee is asked to look positively on the application as it will enrich and benefit the family.

 

The Planning Development Manager whilst acknowledging the personal circumstances involved said that the key issues relate to land use and policy compliance. Policy 55 of the Ynys Môn Local Plan allows for minor extensions  ...  view the full minutes text for item 12.

13.

Other Matters pdf icon PDF 6 MB

13.1 39C285D – Lon Gamfa, Menai Bridge

 

13.2 46C427K/TR/EIA/ECON – Penrhos Coastal Park, Cae Glas & Kingsland, Holyhead

Minutes:

13.1    39C285D – Full application or the erection of 17 dwellings on land at Lon Gamfa, Menai Bridge

 

The Planning Development Manager reported that in accordance with the terms of the Section 106 agreement under which the application was originally approved, 6 affordable housing units were to be provided. Following the submission of information in relation to the viability of the proposed development and following consultation with the Council’s Affordable Housing Officer it was agreed that 3 affordable housing units will be provided thus reducing the original provision by three. Additionally it is proposed  that planning condition (23) on the original  consent be amended to the effect that a land contamination assessment be undertaken as the development proceeds instead of prior to the commencement of the development.

 

Councillor Jeff Evans queried why it is not possible for the developer to proceed with the original designation of 6 affordable housing units. Councillor John Griffiths said that he understood that a 30% affordable housing provision was required and that he was concerned that acceding to the reduction in the provision of affordable housing units on this application would set a precedent for developers in future. Councillor Nicola Roberts was agreed in opposing the reduction given that there was no corresponding reduction in the total number of housing units to be provided as part of the development. Councillor Jeff Evans proposed that the amendment be rejected and his proposal was seconded by Councillor Richard Owain Jones.

 

The Legal Services Manager said in clarification that reducing the number of affordable housing units would not set a precedent because whilst the policy provides a guideline of 30% it does allow for flexibility to reflect the fact that different developments in different locations mean that due to local factors the affordable housing needs can vary meaning that the 30% provision cannot be insisted upon. The matter has been discussed with the Council’s Affordable Housing Officer and therefore there is a sound basis for the recommendation.

Councillor Kenneth Hughes proposed that the amendment to planning condition (23) as described be approved and his proposal was seconded by Councillor Jeff Evans.

 

It was resolved –

 

           To refuse the amendment to the Section 106 agreement regarding        the provision of affordable housing.

           To approve the amendment to Condition (23) of the planning      consent as set out in the written report.

 

13.2    46C427K/TR/EIA/ECON – Penrhos Coastal Park, Cae Glas and Kingsland, Holyhead

 

Correspondence by the Welsh Government dated 7 March, 2014 setting out its reasons for not calling in the application was presented for the Committee’s information. Members were asked to note that the detailed requirements of the planning obligation are now to be settled and the conditions finalised and that a report on these would be provided prior to the issuing of the planning decision.

 

Councillor R. Llewelyn Jones as a Local Member said that he wished it to be noted that the Minister for Housing and Regeneration in reaching his decision not to call in the  ...  view the full minutes text for item 13.