Agenda, decisions and minutes

As noted above.

To receive any declaration of interest by any Member or Officer regarding any item of business.

Declarations of interest were made as follows:

Councillor John Griffith declared a prejudicial interest with regard to applications 7.2 and 7.6 on the agenda.

Councillor Richard Owain Jones declared a prejudicial interest with regard to application 7.3 on the agenda.

Councillor Jeff Evans declared a prejudicial interest with regard to application 12.2 on the agenda.

Mr J.Alwyn P.Rowlands, Highways Officer declared an interest with regard to application 7.7 on the agenda.

To present the minutes of the previous meeting of the Planning and Orders Committee held on 1^st February, 2017.

The minutes of the previous meeting of the Planning and Orders Committee held on 1^st February, 2017 were presented and confirmed as correct.

To present the minutes of the planning site visits held on 15th February, 2017.

The minutes of the site visits undertaken on 15 February, 2017 were presented and confirmed as correct.

The Chair announced that Public Speakers were registered to speak on applications 7.3, 7.4, 7.6, 7.7, 8.1, 12.1 and 12.4 on the agenda.

6.1 25C242 – Tyn Cae, Coedana, Llanerchymedd

6.2 34C304K/1/EIA/ECON – Coleg Menai, College Road, Llangefni

6.1       25C242 – Application for the retention of pond together with drainage works at Tyn Cae, Coedana, Llanerchymedd

It was resolved to defer consideration of the application in accordance with the Officer’s recommendation pending the receipt of further supporting details.

6.2       34C304K/1/EIA/ECON – Hybrid application applying for full planning permission for the creation of a new engineering centre, car parking, children’s play area and associated works, and applying for outline planning permission with some matters reserved for a residential development of 153 dwellings, a hotel and food beverage facility along with associated car parking and works on land at Coleg Menai, College Road, Llangefni.

It was resolved that a site visit be undertaken in accordance with the Officer’s recommendation due to the nature and scale of the application.

7.1  15C30H/FR – Pen y Bont Farm, Malltraeth

7.2  17C226H – Gernant, Lôn Ganol, Llandegfan

7.3  20C310B/EIA/RE – Rhyd y Groes, Rhosgoch

7.4  20C313A – Ffordd y Felin, Cemaes

7.5  21C58H – Parc Eurach, Llanddaniel Fab

7.6  23C280F – Plas Llanfihangel, Capel Coch

7.7  47C149 – Ysgol Gynradd Llanddeusant, Llanddeusant

7.1       15C30H/FR – Full application for change of use of agricultural land to extend the existing caravan park to site a further 14 touring caravans with the installation of a septic tank on land at Pen y Bont Farm Touring and Camping, Malltraeth

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

Councillor Ann Griffith stood down as Chair of the Committee for the consideration of this application in order to speak as a Local Member.

Councillor Richard Owain Jones, Vice-Chair took the Chair for the item.

At its meeting held on 2 November, 2016, the Committee determined that a site visit should take place; the site was subsequently visited on 16th November, 2016. At its meeting held on 7th December, 2016, the Committee resolved to approve the application contrary to the Officer’s recommendation on the grounds that it did not consider there to be a flood risk of a level such that the proposal could not be supported nor that the proposal would have a detrimental impact on the ecology of Malltraeth Marsh. At its meeting on 4th January, 2017, the Committee was advised that the Welsh Government had issued a holding direction on the application whilst Welsh Government Ministers considered whether or not they would call-in the application for determination. The Committee was informed at that meeting that it had two options, either to defer the application or to refuse it in accordance with the Officer’s recommendation; the Committee resolved to defer the application until Welsh Government Minsters came to a decision on whether or not to call-in the application.

The Chief Planning Officer advised that that remains the position with it being open to the Committee at this meeting to defer the application or to refuse it in accordance with the Officer’s recommendation.

Councillor Ann Griffith, speaking as a Local Member asked the Committee to again defer the application pending confirmation by Welsh Ministers as to whether or not they propose to call-in the application.

Councillor Kenneth Hughes proposed that the application be deferred and the proposal was seconded by Councillor John Griffith.

It was resolved to defer the application for the reason given.

7.2       17C226H – Full application for alterations and extensions to Gernant, Lôn Ganol, Llandegfan

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

At its meeting held on 1st February, 2017, the Committee resolved to approve the application contrary to the Officer’s recommendation because it deemed the proposal would significantly improve the appearance of the existing dwelling and because it considered that Policy 55 of the Ynys Môn Local Plan supports such proposals.

Having declared a prejudicial interest in this application, Councillor John Griffith withdrew from the meeting during the consideration and determination thereof.

The Chief Planning Officer reported that in response to the reasons cited above for approving the application, it remains the Officer’s view that the proposal does not comply with the  ...  view the full minutes text for item 7.

8.1  45C84R/ECON – The Marram Grass Café, White Lodge, Newborough

8.1       45C84R/ECON – Full Application for the erection of a fridge building, function building and seminar building together with the construction of a vehicular access with customer parking, community parking, recreational space and demolition of outbuilding on land adjacent to The Marram Grass Café, White Lodge, Newborough

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

Councillor Ann Griffith stood down as Chair of the Committee for the consideration of this application in order to speak as a Local Member.

Councillor Richard Owain Jones, Vice-Chair took the Chair for the item.

Councillor Ann Griffith requested that the Committee undertake a site visit as she particularly wished Members to view the application site because it bridges the AONB and a special landscape area and because she wished them to see for themselves the potentially urbanising effect the proposal could have on the surrounding landscape as well as its possible impact on the character and appearance of the area and on residential amenities.

Councillor Lewis Davies proposed that the Committee visit the site and the proposal was seconded by Councillor John Griffith.

It was resolved to undertake a site visit in accordance with the Local Member’s request for the reasons given.

None to be considered by this meeting.

None considered by this meeting of the Planning and Orders Committee.

None to be considered by this meeting.

None considered by this meeting of the Planning and Orders Committee.

None to be considered by this meeting.

None considered by this meeting of the Planning and Orders Committee.

12.1  18C225B – Bron Castell, Llanfairynghornwy

12.2  19C1198 – Holyhead Park Pavilion, Holyhead

12.3  29LPA1008F/CC/VAR – Ysgol Rhyd y Llan, Llanfaethlu

12.4  38C324 – Alma Hall, Carreglefn

12.5  46C582/AD – The Range Car Park, Penrhosfeilw, Holyhead

12.6  46C583/AD – Fisherman’s Car Park, Penrhosfeilw, Holyhead

12.7  47C153 – Plas Newydd, Llanddeusant

12.8  47C154 – Plas Newydd, Llanddeusant

12.9  48C202 – Penrallt Bach, Gwalchmai

12.1    18C225B – Full application for the erection of a dwelling, the creation of an access together with the installation of a package treatment plant on land adjacent to Bron Castell, Llanfairynghornwy

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

Councillor Llinos Medi Huws, a Local Member asked the Committee to carry out a site visit so that Members arrive at a better understanding of the application site within its context and relative to the village.

Councillor Kenneth Hughes proposed that the Committee visit the site and the proposal was seconded by Councillor John Griffith.

It was resolved to undertake a site visit in accordance with the Local Member’s request for the reason given.

12.2    19C1198 – Full application for change of use of building from a pavilion into a café at Holyhead Park Pavilion, Holyhead

The application was presented to the Planning and Orders Committee as it is made on Council owned land.

Councillor Jeff Evans declared a prejudicial interest in the application; he remained at the meeting.

Councillor Kenneth Hughes proposed that the application be approved and the proposal was seconded by Councillor Lewis Davies.

It was resolved to approve the application in accordance with the Officer’s report and recommendation subject to the conditions set out therein.

12.3    29LPA1008F/CC/VAR – Application under Section 73 for the variation of condition (10) of planning permission reference 29LPA1008A/CC (erection of a new primary school) so as to allow some light from the site to spill over its boundary at Ysgol Rhyd y Llan, Llanfaethlu

The application was presented to the Planning and Orders Committee because it is made by the Council.

The Chief Planning Officer reported that original condition (10) on the consent for the new school stipulated that any lighting scheme should be designed so that no light spillage occurs beyond the boundaries of the site. However, it has not been possible to design a scheme that meets lighting safety requirements but which does not present some overspill into neighbouring land. A new lighting scheme has been designed which meets with the requirements of Environmental Health Officers but which does entail some overspill into nearby residential properties. The Environmental Health Officers have confirmed that the light levels are such that they will not create a nuisance within the area; in addition a strict management plan is proposed which will govern when the lights are in use and ensure that that is only when required. There are safety benefits to the light and the Officers are satisfied that the effects are not so great as to warrant refusal.

Councillor Lewis Davies proposed that the application be approved and the proposal was seconded by Councillor Nicola Roberts.

It was resolved to approve the application in accordance with the Officer’s report and recommendation subject to the conditions set out therein.

12.4    38C324 – Outline application for the erection of a dwelling with all matters reserved on land at Alma Hall, Carreglefn

The application  ...  view the full minutes text for item 12.

13.1 GTP/TVG01/2014 -  Newry Beach and Greens, Holyhead

13.1    GTP/TVG01/2014 – Application to register land as a Town or Village Green (TVG) at Newry Beach and Greens, Holyhead

The matter was reported to the Planning an Orders Committee as the Isle of Anglesey County Council is the Registration Authority for its area for the purposes of the Commons Act 2006.The Registration Authority is responsible for determining applications to register land as new town or village green (TVG) under the Act. Under the Council’s Constitution, full Council has allocated the responsibility to determine TVG applications to the Planning and Orders Committee

The Legal Officer reported that the history of the application and how it has been dealt with is summarised in the Officer’s report. As the law of TVG is specialised and complicated, Officers of the Isle of Anglesey County Council as the Registration Authority took advice from Mr Jeremy Pike, a barrister with expertise in the subject.On 31 March, 2016, Mr Pike provided written advice to the Registration Authority on the application, the objections made to it and the further submissions received from the Applicant (the Waterfront Action Group) and principal objectors (Stena Line Ports Ltd. and Conygar Stena Line Limited). Mr Pike advised that the application did not make a prima facie case for registration. Mr Pike also advised that the Registration Authority should not determine the application until evidence and arguments had been heard on certain matters as detailed in his advice. In accepting the advice, Officers of the Registration Authority instructed Mr Pike to act as inspector at a non-statutory public inquiry into the application and then to prepare a report in light of the evidence presented with a recommendation as to how the Registration Authority should determine the application. The report by Mr Pike included as an appendix to the Head of Function’s report, sets out the evidence presented at the public inquiry which was held between 3 and 7 October, 2016 at Holyhead Town Hall.

The report by Mr Pike concludes at paragraph 296 that “use of the land was “by right” and not “as of right” for the whole of the Relevant Period because the Council held it and made it available for such use, and because until 2007 the whole of the land was subject to Byelaws, which either caused any sports and pastimes on the Land to be unlawful rather than lawful, or alternatively when considered in conjunction with the lease to the Council gave rise to the grant of permission to the public use to the land.” His recommendation therefore is that the land cannot be registered at this time and that the application must be rejected. The Officer recommends that Mr Pike’s recommendation and conclusions should be accepted and that the Registration Authority should reject the application.

The Legal Officer informed the Committee that following the receipt of Mr Pike’s report by the Council, Professor Emeritus Terence Looker on behalf of the Waterfront Action Group sent an e-mail on 23 February, 2017 to the Council’s Legal Services Manager  ...  view the full minutes text for item 13.