Agenda item

12.1  OP2018/1 – Penrhos Newydd, Llanfachraeth

12.2  30C225K/ECON – Treetops Country Club, Tynygongl

12.3  DIS/2019/18 – Star Crossroads, Star

12.4  DIS/2019/19 – Star Crossroads, Star

12.5  DIS/2019/21 – Star Crossroads, Star

12.6  FPL/2019/13 – Telephone Mast, Nebo

12.7  FPL/2019/6 – Llanfaethlu Primary School, Llanfwrog

12.8  42C267A – Clai Bungalow, Pentraeth

 12.1  OP/2018/1 - Outline application for the erection of a dwelling together with full details of the vehicular access and layout on land adjacent to Penrhos Newydd, Llanfachraeth

 

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

 

The Planning Development Manager reported that this is an outline application for the erection of a dwelling together with full details of the vehicular access and layout of the site.  She said that additional correspondence objecting to the application has been received, which was afforded to the Members of the Planning and Orders Committee, have been addressed previously within the report to the Committee.  She noted that the Fire Service has now responded with no comments on the application.   The Officer further said that objections have been received by local residents, which are listed within the report, highlighting the effects of this proposed development on local amenities.  She said that the layout of the dwelling has now been submitted by the applicant and it complies with design and distance guidelines from neighbouring properties.  The part of the proposed dwelling nearest to the neighbouring property is to be a single storey building which will have no windows facing the property.  Additional screening options have also been proposed to enhance the landscape of the site.  The development is near an AONB area but following assessment of the details of the proposal it is considered that there will be no detrimental effect on area.  The Officer further said that comments have now been received by the Housing Department and technical issues are now considered acceptable.   

 

It was noted that the application was presented to the Planning and Orders Committee at the request of the Local Member due to concerns as regards to the visibility from the access to the site.  The objector to the application has expressed that he considers that the measurements of the visibility splay has not been taken within the correct location as the Highways Authority take measurements from the lay-by in front of the access site; the objector considers that the measurements should be taken from the access itself.  The Planning Development Manager said that as previous application on the site have been refused due to highways issues, the Highways Authority has considered the application before the Committee and the Highways Officers considers that the measurement taken as regard to the visibility splay is acceptable.  She also said that a S106 legal agreement has been imposed on any approval of the application that an existing static caravan on site is removed.  The recommendation is of approval of the application. 

 

Councillor John Griffith said that the objector within his correspondence has referred to stated cases: Donoghue v Stevenson 1932, Kane v New Forest District Council 2001, European Convention on Human Rights, Councillor Griffith questioned as to which effect such cases has on this application before the Committee.  The Legal Services Manager responded that the cases referred to do not create specific issues as regards to this application but are of general applicability in assessing any application.

 

Councillor K P Hughes said that he requested that the application be considered by the Planning and Orders Committee due to concerns by the neighbouring property so as to allow them to be able to address the Committee.  However, for which ever reasons the objector was not present at the meeting.

 

Councillor Bryan Owen proposed that the application be approved and Councillor Vaughan Hughes seconded the proposal.   

 

It was RESOLVED to approve the application in accordance with the Officer’s recommendation subject to the conditions contained within the report and that a S106 legal agreement be imposed for the removal of the existing static caravan on site.

 

12.2  30C225K/ECON – Outline application for the siting of 25 holiday chalets together with leisure complex and associated access roads with some matters reserved at Treetops Country Club, Tynygongl

 

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

 

Mr Rhys Davies (for the proposal) said the outline application is for the siting of 25 holiday chalets and leisure complex which has a facility that is currently sub-standard on the site.   The application is also for access road from Benllech to Brynteg rather than from Lon Bwlch in response to the request of residents who came to the public consultation event arranged in respect of this application. The layout of the site is now changed and a final detailed outline plan has been submitted as part of the application.  He noted that a proposed tennis courts has been removed from the application in response to local concerns as regards to potential floodlights issues.  Details of the proposed access, landscaping and the siting of the chalets have been included in the application in order to assure and respond to detailed discussion with Planning Officer’s and residents during the course of the public consultation.  There are strong issues in support of the application i.e. economic benefits to the area; supported by local TWR 3 planning policy and national planning policies; 20 jobs will be created from the development.  Mr Davies said that the current site has a detrimental effect on the amenities of the area, the new development will combine high quality holiday units with the leisure facilities being available for local residents to use.  A number of comments received prior to the submission of the application are now supportive of the development. 

 

Councillor Dafydd Roberts referred to the Planning Officer’s report to the Committee and quoted that table 2.11 (Static Caravan/Chalet Park Development Typologies) of the Anglesey, Gwynedd and Snowdonia National Part Landscape Sensitivity Study (March 2014) indicates that a scheme of about 10 holiday units would be more acceptable on a 1 hectare size site.  He questioned as to how it can be justified that 25 units can be located on the site.  Mr Rhys Davies responded that the development must be viable to the applicant and additional facilities is afforded on the site i.e. gym and swimming pool facilities which will be available for public use. 

 

Councillor John Griffith referred to the comments of the Environment Health Section that the development does not comply with the requirement separation distances within the Caravan Sites and Control of Development Act 1960.  Mr Rhys Davies responded that the application conforms with planning policy TWR 3 of the Joint Local Development Plan as the application is for chalets and not caravans.

 

Councillor Margaret M Roberts, a Local Member said that the size of the development is of concern and that it was unsuitable within the area.  She said the site is too far to enable the people who will be residing at the chalets to walk to the beach in Benllech as noted within the report.  They will be using their vehicles which will cause further traffic issues on Lon Bwlch which is a narrow road; a car boot sale take place near this application site every Saturday.  The road from Brynteg to Benllech has heavy traffic already and having further traffic from this site will generate more traffic problems.  Councillor Roberts said that there are 3 similar facilities in the area which afford holiday units.  She disagreed that there will be economic benefit from such a development as people who visit such a facility bring their own provisions and will not be shopping locally.  She asked the Committee to visit the site. 

 

Councillor Ieuan Williams, a Local Member said that if the Committee agrees to visit the site he requested that the Members view the surrounding area as other holiday facilities in the area have been concealed. He questioned whether the Highways Authority has considered the accumulative effect of traffic on Benllech Square and asked that the video evidence taken by the Highways Authority during an August Bank Holiday of the traffic in Benllech Square be afforded to the next meeting of the Planning and Orders Committee.

 

Councillor Dafydd Roberts proposed that the Committee visit the site due to issue of overdevelopment of such a development.  Councillor Vaughan Hughes seconded the proposal. 

 

It was RESOLVED that a site visit be undertaken in accordance with the request made by a Local Member for the reason given.

 

12.3  DIS/2019/18 – Application to discharge condition (04) (statement and accompanying plan which demonstrates a clear and robust method that mitigates the potential risk of vehicles waiting on the public highway for someone to come to open the gates) of planning permission 41LPA1041/FR/TR/CC full application for the change of use of agricultural land for use as a temporary stopping place (10 spaces) for Gypsies and Travellers, formation of a new vehicular access, the formation of a new pedestrian access and pavement together with associated development on land East of Star Crossroads, Star

 

Having declared an interest in the application, the Planning Development

Manager was not present during the consideration and determination thereof.

 

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

 

The Development Management Team Leader reported that the application

41LPA1041/FR/TR/CC was approved in October 2018 and as part of the approval of the application numerous condition was enforced on the application before commencement on the works on the site.  He noted that an email had been received by Councillor R Meirion Jones, a Local Member (who was unable to attend the meeting); the Chair read out the email received by Councillor R Meirion Jones, a Local Member as follows : ‘I don’t understand the reasoning in 12.3 – it does not deal with the risk, which is apparent. If the explanation has been given to the Highways Authority, it should also have been included in the Planning Committee papers. In the absence of the explanation I believe that a clear and specific plan should remain as a condition.’   The Officer wished to confirm that Condition (04) is not to be removed but the application before this Committee is to submit appropriate information as a Site Management Plan has been received outlining the broad principles for managing and operating the site.  The Highways Authority has confirmed that the information submitted is acceptable. 

 

Councillor Dafydd Roberts ascertained the process to be undertaken if a caravan wishes access to the site late in the evening.  He expressed that such a person will not be available on site on a continuous measure and questioned the process to be undertaken.  The Development Control Engineer (Highways) responded that the Site Management Plan was submitted as part of the original application and the Highways Authority considered that it was acceptable.  However, the Planning Authority had included the condition to the original application which was not required.  The Site Management Plan stipulates that a person will be responsible for the site and there is to be a procedure for the Gypsies and Travellers to inform this person beforehand when they intend to require the facilities of the site; they are not permitted to arrive without prior notice.

 

Councillor Robin Williams expressed that the Site Officer will not be on-site on a continuous basis and it is impossible to know when the Gypsies and Travellers will arrive.  He said that a queue will be along the A5 to village of Llanfairpwll if up to 7 or 8 vehicles and caravans arrive on the same time and are awaiting for the Site Officer to arrive to open the gates to the site.  Councillor Williams further said that he agreed with the statement by Councillor R Meirion Jones that the report before this Committee does not stipulate what the procedure is to be undertaken as regards to the procedures on the site.  The Chair reiterated that the Gypsies and Travellers are unable to arrive without prior notice to the site and they will need to make arrangements with the Site Officer before arriving on site.

 

Councillor K P Hughes proposed that the application be approved and Councillor Eric W Jones seconded the proposal.

 

Councillors T Ll Hughes MBE, Bryan Owen and Robin Williams wished it to be recorded that they abstained from voting.

 

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

 

12.4  DIS/2019/19 – Application to discharge condition (15) (updated plans which indicate firmly defined area(s) of new planting for both hedges and grassland.  Furthermore the areas of proposed evergreen hedge be instead planted with holly and/or beech as a broadleaved alternative closer to native ecology considerations) of planning permission 41LPA1041/FR/TR/CC full application for the change of use of agricultural land for use as a temporary stopping place (10 spaces) for Gypsies and Travellers, formation of a new vehicular access, the formation of a new pedestrian access and pavement together with associated development on land East of Star Crossroads, Star

 

Having declared an interest in the application, the Planning Development

Manager was not present during the consideration and determination thereof.

 

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

 

The Development Management Team Leader reported that the application is to discharge condition (15) (updated plans which indicate firmly defined area(s) of new planting for both hedges and grassland.  Furthermore the areas of proposed evergreen hedge be instead planted with holly and/or beech as a broadleaved alternative closer to native ecology considerations).  It was considered necessary to include condition (15) in order to enhance the ecological interest of the site and safeguard visual and residential amenity.  Details of proposed planting and grassland has been submitted and includes a native hedge to the road side boundary, together with proposed reinforced grass area, proposed species rich grass and amenity planning within the application site.  The Ecological and Environmental Adviser has confirmed that the submitted information is acceptable and the proposals should lead to biodiversity gain.  The Landscape Officer has also confirmed acceptance of the information received.

 

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

 

Councillors T Ll Hughes MBE, Bryan Owen and Robin Williams wished it to be recorded that they abstained from voting.

 

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

 

12.5  DIS/2019/21 – Application to discharge condition (16) (specification for a programme of archaeological work) of planning permission 41LPA1041/FR/TR/CC full application for the change of use of agricultural land for use as a temporary stopping place (10 spaces) for Gypsies and Travellers, formation of a new vehicular access, the formation of a new pedestrian access and pavement together with associated development on land East of Star Crossroads, Star

 

Having declared an interest in the application, the Planning Development

Manager was not present during the consideration and determination thereof.

 

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

 

The Development Management Team Leader reported that the application is to discharge condition (16) (specification for a programme of archaeological work).  It was considered necessary to include the condition in order to safeguard local archaeological interests.  A Written Scheme of Investigation for an Archaeological Watching Brief has been submitted with the planning application and Gwynedd Archaeological Planning Service has confirmed that the submitted information is acceptable and also confirmed that condition (16) of planning application 41LPA1041/FR/TR/CC can be discharged. 

 

Councillor Vaughan Hughes proposed that the application be approved and Councillor John Griffith seconded the proposal.

 

Councillors T Ll Hughes MBE, Bryan Owen and Robin Williams wished it to be recorded that they abstained from voting.

 

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

 

12.6  FPL/2019/13 – Full application for the erection of an agricultural shed for the housing of livestock and the storage of machinery and fodder together with the construction of a hard standing access track on land adjacent to Telephone Mast, Nebo

 

Having declared a prejudicial interest in the application, Councillor Richard O Jones left the meeting during consideration and voting of the application.

 

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

 

The Chair said that an email had been received by a Local Member (who had declared a prejudicial interest and left the meeting during consideration of the application) requesting a site visit to the application site as he and the local community consider that the proposal is acceptable with regard to visual amenities and in keeping with the rural aspect. 

 

Councillor Eric W Jones proposed that a site visit be undertaken to the site and Councillor Dafydd Roberts seconded the proposal.

 

It was RESOLVED that a site visit be undertaken in accordance with the request made by a Local Member for the reason give.

 

12.7  FPL/2019/6 – Full application for the change of use of existing school into a unit for the manufacturing of window blinds (Class B2) at Llanfaethlu Primary School, Llanfwrog

 

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

 

The Planning Development Manager reported that the application is for the change of use of the former primary school into a business use (Class B2) for the manufacturing of window blinds.  The current business is located in the village of Bryngwran and the proposal is to relocate two members of staff to the new unit and it is anticipated that a further two new posts will afforded following establishment of the new unit.  She noted that the Joint Local Development Plan supports the reuse and conversion of rural building for business use subject to criteria.  It is not considered that the proposed development will impact the surrounding amenities nor any neighbouring properties to such a degree to warrant a refusal. 

 

Councillor K P Hughes proposed that the application be approved and Councillor Vaughan Hughes 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.

 

12.8  42C267A – Full application for demolition of the existing dwelling together with the erection of a replacement dwelling at Clai Bungalow, Pentraeth

 

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

 

Dr Ewan Thomas (against the proposal) said that he was representing the objections of more than 20 of his neighbours and notably the 3 nearest properties to the proposed dwelling.  He said that he considered that the planning report is incorrect and misleading when it states that ‘with the exception of Velux windows, no windows are located on the northern elevation.’ Dr Thomas showed maps to the Committee which showed that a density of windows will be on the northern elevation of the proposed dwelling.  He referred that a window will be overlooking into his property and especially to his living room and bedroom; the property will be 22m away which is just 1m from privacy distance siting.  However, the south facing balcony is 19.5m away from 1 Parc Cae Coediog facing their main picture window, garden and decking.  The Officer’s report implies that current hedging and tree will maintain their privacy but it is obvious that this will have a detrimental overlooking effect.  Dr Thomas further referred to the Hay and Animal Barn at Clai Coediog Farm; the barn has a large window which affords daylight and ventilation but the proposed development will completely block the barn.  He thereafter, referred to the Stable Block at Clai Coedig Farm and said the stable block shares the same concrete footing as the existing cottage and when the demolition of the existing dwelling occurs it will destabilise the stable footings. 

 

Dr Thomas further said that at present the dwelling at Clai Bungalow is a single-storey structure and it is proposed to build a large three bedroom dwelling with a second storey and is double the height and length of the existing building which is considered excessive for such a small plot.  He said that as neighbours they do not object to a new development on the site but the concerns are to the nature and size of the proposal and its effect on the neighbourhood. 

 

Ms Sioned Edwards (for the application) said that the application is to demolish the present dwelling at Clai Bungalow and to erect a two storey dwelling on the site.  The site is within the development boundary of Pentraeth so the principle for developing on the site has been acceptable even if a dwelling was not already on the site.  The application was submitted initially in 2017 but due to the Planning Officer’s concern as to the over-scale of the dwelling, the application was withdrawn in order to respond to those concerns.  The proposal was amended by reducing the level of the land and positioning the dwelling 1.2m lower than the level of the existing bungalow.  The amended plan secures a significant reduction in the impact of the scale of the proposed dwelling and its visual impact from Lon Clai.   The Officer’s from the Building Environment Section have assessed the proposal and have concluded that the proposed development would not have a detrimental effect on the visual impact on the character of the AONB.  She noted that there are objections from neighbouring residents from Penrhos Cottage, Clai Coediog Farm and 1 Parc Clai Coediog and the Planning Officer’s report outlines that detailed evaluation has been given to the potential impact of the development on the amenities of neighbouring dwellings. 

 

Ms Edwards said that the objector to the application at this meeting, who resides at Penrhos Cottage, has raised concerns as regards to overlooking as a result of the development.  The location of Penrhos Cottage is 22m from the boundary of the front of the application site and there is a road and mature hedge along the boundary of Penrhos Cottage which would reduce the risk of overlooking.  As there are other properties along the Clai Road there is already an element of overlooking to Penrhos Cottage.  The Planning Officer’s report concludes that there is sufficient distance between the proposed dwelling and the nearest dwellings at 1 Parc Clai Coediog and Clai Coediog Farm; it is considered that the proposal will not have a detrimental effect upon the amenities of the two properties.  She noted that as Planning Agents to the applicant, they have been in detailed consultation with the Planning Officer’s to ensure that the proposal is acceptable and the conditions within the report are acceptable to the applicant. 

 

Councillor John Griffith questioned that the footprint of the proposed dwelling is much larger than the current property.  Ms Edwards responded that the policy for a replacement dwelling specifies that a dwelling needs to be of a similar size outside development boundaries but this proposal is within the development boundary.

 

Councillor Ieuan Williams, a Local Member said that the Officer’s report states that the site of the proposal is within the development boundary of Pentraeth, however he disagreed and considered that the location of Clai Bungalow is on the boundary of the countryside location.  He referred to Criterion 6 of policy TAI 13 of the Joint Local Development Plan (JLDP) which requires the replacement dwellings to be located within the same footprint of existing dwellings in the countryside and should not have a detrimental visual impact which is significantly greater than already exists.  Councillor Williams said that it needs to be taken into consideration the principles of sustainability and the amenities of the neighbouring dwellings and this development is extremely close to an AONB area. 

 

The Chair questioned whether there are other dwellings of a similar size to this proposed development within the area.  Councillor Ieuan Williams responded that there is an estate of small bungalows nearby and the other properties on Lon Clai road are hidden from view and are not similar to this proposed development; he considered that this proposal would not blend into the area. 

 

The Planning Development Manager reported that the application is for the demolition of the existing dwelling and outbuilding together with the erection of a replacement two storey dwelling and single garage at Clai Bungalow, Pentraeth.  She said that Planning Officer’s report lists the main planning considerations and concerns received with regards to overlooking and the effect on neighbouring amenities.  The proposed dwelling is larger in scale than the existing dwelling and it is intended to lower the level of the site to reduce the impact on neighbouring properties.  The proposed two storey dwelling is measured at approximately 20.4 metres x 8.7 metres with an overall height of approximately 7.3 metres from ground level as noted within the report.  The current dwelling measures 151 square metres and the proposed dwelling measures 177 square metres; the design and measurements of the proposed dwelling was afforded to the Committee.  The Planning Development Manager further said that the proposed dwelling is a contemporary design with slate roofing but there is lot of glazing proposed.  She noted that there is an attached building at the rear of the current property and a notice has been served on the owner of the building in accordance with planning regulations.  Comments have been received by the owner of the building as regards to the effects of excavation works but these are civil matters between relevant parties.  The Local Member has referred to paragraph 7 of planning policy TAI13 within the JLDP as regards to developments outside development boundaries should be of a similar size to current dwellings but this application is within the development boundary of Pentraeth and redevelopment is acceptable.  However, it is accepted that the proposal is a two storey new contemporary design but it is considered acceptable and respects the main thrust of local and national planning policies.  The effect on the nearby AONB has also been assessed and is considered that it would not have a negative effect upon the area.  The recommendation is of approval of the application.

 

Councillor Vaughan Hughes referred that the Planning Officer’s reports which states that there is an intention for the proposed dwelling to be at a lower level but questioned if approval was given to the application whether this will materialise.  The Planning Development Manager responded that lowering the level of the proposed dwelling is part of the application before the Committee.

 

Councillor Robin Williams referred to the comments by the objector to the application that the footings of the adjoining outbuilding/barn could be affected.  He questioned whether the matter should be of consideration to the Committee before determination of the application.  The Planning Development Manager responded that as previously reported a notice has been served on the owner of the adjoining outbuilding and nearby stables, it is a civil matter as to the effect of the proposed development on these building.  

 

Councillor Eric W Jones ascertained as to the effect of the development on the narrow road within this location and the effect on neighbouring properties.  The Planning Development Manage responded that the application is to demolish a dwelling and building a replacement dwelling and therefore there will be no increased traffic on the highway.

 

The Chair referred to the comments by the objector to the overlooking issues and the proximity of the nearby buildings.  The Planning Development Manager responded that all the buildings near the proposed development have been listed and distances have been recorded within the Officer’s report to the Committee.  She noted that within the conditions of any approval of the application it is intended that screening will be erected on the dwellings balconies; an additional condition will be required for additional screening on the eastern and western sides to mitigated overlooking.  

 

Councillor K P Hughes proposed that the application be approved and Councillor Bryan Owen 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 and an additional condition be imposed for additional screening to the eastern and western elevation of the balcony.