Agenda item

7.1  14C257 – Cefn Trefor, Trefor

7.1  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 application was reported to the Planning and Orders Committee at the request of a Local Member on the grounds of proximity to the cluster and a local need.  At its meeting held on the 7^th November, 2018 the Committee resolved to approve the application contrary to Officer’s recommendation.

Councillor Bob Parry OBE FRAgS, Local Member said that the applicants have lived most of their lives within the Canolbarth Môn area.  He referred to the designs of the properties in Trefor and did not believe that approving this application would be intrusive within the community.  Councillor Parry said that the applicants wish to build a home for their young family of four children and asked the Committee to reaffirm their previous decision to approve the application.

The Planning Development Manager reported that the application is for an affordable dwelling on land adjacent to Cefn Trefor, Trefor.  The application was approved contrary to the Officer’s recommendation as it was considered that the dwelling fits into the area and would not look out of place and that the applicants are local to the area as the application site is within Canolbarth Môn where they were brought up and so the proposal complies with Criterion 4 of the Policy.  She said that as was highlighted at the last meeting the definition of local to Canolbarth Môn does not comply with the definition within the policy as being ‘local’.  The policy supports proposals for affordable dwellings for local need providing all the criteria are met.  The policy defines local need as ‘people in need of an affordable dwelling who have resided within the cluster or in the surrounding rural area for a continuous period of 5 years or more, either immediately before submitting the application or in the past.’  The applicants lived at RAF Valley before selling their home.  The policy does not permit individuals to move out of other villages to clusters in order to obtain an affordable dwelling; the policy is for people who live within clusters to be able to submit applications for affordable dwellings.  The Planning Development Manager said that whist accepting that there is an ‘affordable need’ by the applicants the application does not conform to specific criteria within planning policies. 

Councillor Eric W Jones that the site is adjacent to a coloured building on the inset map and is within the curtilage of the property in front of it and therefore conforms with policy 6.2 within the joint development plan.  Councillor Eric W Jones proposed reaffirm the previous decision to approve the application contrary to the Officer’s recommendation. 

The Planning Development Manager said that as stipulated within the Officer’s report to the Committee at its previous meeting, this proposed application does satisfy some of the planning criteria.  It is accepted that the dwelling will be located within the Trefor cluster area and that there is evidence as regards to the need for an affordable dwelling, however, the criteria notes that a person needs to have lived within the cluster or within the surrounding rural area for a period of 5 years in succession.  This definition clearly stipulates that they must have lived within the cluster area and not within the electoral ward. 

The Legal Services Manager said that the law stipulates that that decisions on planning application needs to be undertaken in accordance with the Joint Local Development Plan and the Committee needs to interpret the Development Plan correctly.  He further said that if the Committee decides not to accept the interpretation the Joint Local Development Plan correctly then any decision will be unsound and could be open for challenge by judicial review or referred to the Ombudsman. 

Councillor K P Hughes said that he considered that the proposed application conforms within the definition of ‘local need’.  He further said if the Welsh Government’s vision to create thriving and prosperous communities and also protecting the Welsh culture and language is to materialise it is essential to support young families to be part of those communities and to protect rural communities.  Councillor K P Hughes seconded the proposal to reaffirm the previous decision to approve the application contrary to the Officer’s recommendation. 

Councillor Richard O Jones said that until the policy within the Development Plan has been reviewed he would have to propose that the application be refused in accordance with the Officer’s recommendation.  There was no seconder to the proposal of refusal. 

The Planning Development Officer said that as part of the policy within the Joint Local Development Plan when such an application is approved contrary to Officer’s recommendation a S106 legal agreement needs to be attached to any approval as regards to the ‘affordable dwelling’ criteria. 

It was RESOLVED to reaffirm the previous decision to approve the application contrary to the Officer’s recommendation subject to a S106 agreement in respect that the dwelling is to be an ‘affordable dwelling’.

(Councillor John Griffith abstained from voting).