Agenda, decisions and minutes

Planning and Orders Committee
Wednesday, 9th January, 2019 1.00 pm

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

Contact: Ann Holmes / Mairwen Hughes 

Media

Items
No. Item

1.

Apologies

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Minutes:

None.

2.

Declaration of Interest

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

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Minutes:

No declaration of interest was made.

3.

Minutes pdf icon PDF 72 KB

To submit, for confirmation, the minutes of the previous meeting of the Planning and Orders Committee held on 5th December, 2018.

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Minutes:

The minutes of the previous meeting of the Planning and Orders Committee held on 5th December, 2018 were presented and were confirmed as correct.

4.

Site Visits

There were no site visits held following the 5th December, 2018 meeting of the Planning and Orders Committee.

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Minutes:

No site visits were undertaken following the 5th December, 2018 meeting of the Planning and Orders Committee.

5.

Public Speaking

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There were no Public Speakers at this meeting of the Planning and Orders Committee.

6.

Applications that will be Deferred

None to be considered by this meeting.

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

7.

Applications Arising pdf icon PDF 162 KB

7.1  14C257 – Cefn Trefor, Trefor

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Minutes:

7.1       14C257 – Outline application for the erection of an affordable dwelling together with full details of the vehicular access and drainage with all other matters reserved on land adjacent to Cefn Trefor, Trefor 

 

The purpose of the report to the Planning and Orders Committee was to suggest conditions to be appended to the decision notice in relation to the application which was approved by the Committee at its meeting held on 5 December, 2018 subject to a Section 106 Agreement to ensure the dwelling is developed as an affordable dwelling, contrary to the recommendation of Officers that permission be refused because the application is contrary to Policy TAI 6.

 

The Planning Development Manager reported that the conditions set out within the Officer’s report now before the Committee derive from the nature of the proposal and the responses to the consultation undertaken with regard to the application. However, a question has arisen in relation to the definition of a “local person” for the purpose of the legal agreement also required as part of the planning permission. Since the Officer’s report as presented to the Committee deals only with the planning conditions, the recommendation is to defer consideration of the matter to allow the preparation of a report that addresses both the issue of conditions and the definition of a local person in connection with the legal agreement.

 

Councillor Nicola Roberts proposed that the matter be deferred in accordance with the Officer’s recommendation. The proposal was seconded by Councillor Bryan Owen.

 

It was resolved to defer consideration of the matter in accordance with the Officer’s recommendation for the reason given.

8.

Economic Applications

None to be considered by this meeting.

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Minutes:

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

9.

Affordable Housing Applications

None to be considered by this meeting.

 

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Minutes:

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

10.

Departure Applications

None to be considered by this meeting.

 

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Minutes:

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

11.

Development Proposals Submitted by Councillors and Officers pdf icon PDF 136 KB

11.1  48C182B/MIN – Bryn Twrog, Gwalchmai

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Minutes:

11.1    48C182B/MIN – Minor amendments to the scheme previously approved under planning permission 48C182 so as to remove conditions (12), (13) and (14) (code for sustainable homes) together with the addition of a condition (the development shall be in accordance with the submitted plans) under planning permission 48C182A/DA on land adjacent to Bryn Twrog, Gwalchmai

 

The application was reported to the Planning and Orders Committee because the applicant is related to a relevant officer. The file has been reviewed by the Monitoring Officer.

 

The Planning Development Manager reported that the application is made under Section 96A of the Planning Act which relates to non-material amendments to an existing planning permission to insert a condition on the planning consent for a dwelling which was given in 2014 in order to specify that the development must be undertaken in accordance with the approved plans; this is to allow the applicant to then submit an application under Section 73 to vary the approved design. The proposed changes are material to the design and cannot be dealt with under existing process. The Officer said that Local Planning Authorities are now required to include such a condition with planning consent with the approved drawings being listed as part of the decision. The amendment is therefore a minor change in the decision notice and does not involve a material change in the application. In addition, following the approval of the original application in 2014, Welsh Government announced on 31 July, 2014 that it was withdrawing the policy that required the inclusion of planning conditions to meet the objectives of the Code for Sustainable Homes, sustainable building standards now forming part of Building Regulations. It is Welsh Government’s policy that such conditions are removed from those planning permissions where they still exist so the application also seeks the deletion of the Code for Sustainable Homes conditions that are attached to the permission. The removal of these conditions does not affect the overall character of the scheme. Having regard to the above and all other material considerations, the Officer’s recommendation is to approve the application.

 

Councillor Robin Williams proposed that the application be approved; the proposal was seconded by Councillor Eric Jones.

 

It was resolved to approve the application in accordance with the Officer’s recommendation and report.

12.

Remainder of Applications pdf icon PDF 525 KB

12.1  32LPA1047/CC – Tre Ifan, Caergeiliog

12.2  FPL/2018/4 – Maes yr Ysgol, Holyhead

12.3  FPL/2018/24 – Section 4 of the Llangefni Link Road

12.4  39C597 – Cambria Quarry, Cambria Road, Menai Bridge

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Minutes:

12.1    32LPA1047/CC – Full Application for the erection of 6 dwellings together with the construction of a vehicular access on land at Tre Ifan, Caergeiliog

 

The application was reported to the Planning and Orders Committee as the Isle of Anglesey County Council is the applicant and landowner.

 

The Planning Development Manager reported that part of the proposal entails a new access via the Tre Ifan Estate as well as parking provision for 12 vehicles. Given the proximity of the application site to RAF Valley, a noise assessment has been undertaken and has been found acceptable by the Council’s Environmental Services. A condition on consent to require noise mitigation measures to be incorporated in the construction of the dwellings will be necessary and is proposed. Drainage details are currently being assessed and are conditioned to ensure they are acceptable. The Officer said that since the publication of the report, the Lifelong Learning Service has confirmed that no contribution towards education as a result of demand created by the proposed development is required. However, the planning conditions put forward include a condition to ensure that the development provides an element of affordable housing. The proposal is compliant with policy and is considered acceptable in its location. The recommendation is therefore one of approval.

 

Councillor Kenneth Hughes queried whether the development would go ahead in the event of the local school being full with no room to accommodate any additional pupils.

 

The Planning Development Manager clarified that the Lifelong Learning Service is consulted on applications such as this to ascertain whether it believes that a financial contribution towards the provision of education in the locality is necessary. In this case the Service has confirmed that it is not seeking a contribution. However the application is being considered and will be determined on planning not education grounds.

 

Councillor Kenneth Hughes said that this being the position, he believed that asking the Lifelong Service whether it wishes to seek a financial contribution to be a flaw in the process since parents have the right to choose whichever school to send their children to and may choose not to send their children to school at all in preference of home schooling. Councillor Hughes sought clarification of whether in light of these parental rights, the Planning Authority should be asking such a question of the Lifelong Learning Service.

 

The Planning Development Manager advised that the issue of seeking a financial contribution towards a service or facilities including education where that is deemed necessary, is a policy adopted and acted upon by the Council as part of the Joint Local Development Plan where the requirements with regard to developer contributions are set out. If the Member’s concerns relate to policy generally rather than to the specific application under consideration then it is a matter that goes beyond the remit of the Committee.

Councillor Hughes said that it was his opinion that the Planning Authority should give careful consideration to what the implications might be if the policy  ...  view the full minutes text for item 12.

13.

Other Matters

None to be considered by this meeting.

 

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Minutes:

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