Agenda item

10.1  VAR/2018/4 – Ger y Mynydd, Brynrefail, Dulas

10.2  FPL/2018/21 – Bronallt, Gaerwen

10.1  VAR/2018/4 – Application under Section 73A for the variation of condition (10) (Pedestrian footpath) of appeal decision reference APP/L6805/A/15/3132036 (Erection of a dwelling, installation of a sewage treatment plant together with the construction of a vehicular access) so as to allow for the submission of a scheme for the provision of a pedestrian footway following the expiry of the 4 month period at Ger y Mynydd, Brynrefail, Dulas

The application was presented to the Planning and Orders Committee as the application is contrary to policies of the Joint Local Development Plan but which the Local Planning Authority is minded to approve. 

Councillor Margaret M Roberts, speaking as a Local Member said that this application was approved with a condition that a footpath be in place before occupation of the dwelling.  However, following occupation of the dwelling the applicant submitted an application for the condition to be removed which was subsequently approved through an appeal process but more stringent conditions were imposed for the pedestrian footway to be provided.  Councillor Roberts questioned whether these conditions are still valid.

The Planning Development Manager reported that the principle of a dwelling in this location has already been established which was granted on appeal in December 2015 and which remains extant.  Furthermore the dwelling has since been built and is occupied.  As part of the original permission there was a condition requiring the provision of a pedestrian footway from the site and the applicant subsequently sought to have the condition deleted, however the application was refused.  However an appeal was allowed in June 2018 subject to revised conditions which were noted within the Planning Officer’s report.   In accordance with the appeal conditions a scheme should have been submitted to the Local Planning Authority by 20 October, 2018 but no such details were submitted and consequently a Breach of Condition has occurred.  The Local Planning Authority thereafter wrote to the applicant on 22 November, 2018 regarding the breach and advising that the Local Planning Authority were minded to issue a Breach of Condition Notice in order to address matters.  Nevertheless it transpired that due to an apparent miscommunication between the applicant and the Highways Officer, a scheme had in fact been agreed directly with the Highways Department which the Local Planning Authority had been unaware of and that works had been scheduled to take place in early December.  It is now apparent that the applicant must submit a planning application under Section 73A for the variation of condition. 

Councillor Vaughan Hughes expressed concerns as regards to the miscommunication between both the Highways and Local Planning Authority in respect of this application.

Councillor K P Hughes proposed that the application be approved and Councillor Robin Williams seconded the proposal.

It was RESOLVED to approve the application in accordance with the Officer’s recommendation subject to the conditions contained within the written report.

10.2  FPL/2018/21 – Full application for the erection of a dwelling together with the creation of a new vehicular access on land adjacent to Bronallt, Pentre Berw

The application was presented to the Planning and Orders Committee as the proposal is contrary to policies of the Joint Local Development Plan but which the Local Planning Authority is minded to approve. 

The Planning Development Manager reported that the principle of a dwelling has already been established under a historic planning application 33C231/DA in 2004.  An application for a lawful use certificate to prove that works has been undertaken to implement planning permission A/967A was proved lawful on the 26 January, 2016.  She noted that amended plans for dormer building has been submitted which entails a re-design of the dwelling previously approved.  Ecological Mitigation Plan has been received which is considered an improvement to the original application.

Councillor Robin Williams proposed that the application be approved and Councillor Eric W Jones seconded the proposal.

It was RESOLVED to approve the application in accordance with the Officer’s recommendation subject to the conditions contained within the written report.