Agenda item

7.1  12C49P/DEL – Casita, Beaumaris

7.2  15C30H/FR – Pen y Bont Farm, Malltraeth

7.3  18C225B – Bron Castell, Llanfairynghornwy

7.4  33C190Q/VAR – Bwlch Gwyn Quarry, Gaerwen

7.5  34C304K/1/EIA/ECON – Coleg Menai, College Road, Llangefni

7.6  47C153 – Plas Newydd, Llanddeusant

7.7  47C154 – Plas Newydd, Llanddeusant

7.1       12C49P/DEL – Application under Section 73 for the removal of condition (09) (occupiers age restriction) from planning permission reference 12C49M/VAR (erection of 35 flats) at Casita, Beaumaris

 

The application was originally presented to the Planning and Orders Committee at the request of a Local Member. At its meeting held on 5th April, 2017, the Committee resolved to refuse the application contrary to the Officer’s recommendation. The application is re-presented to the Committee following the required one month “cooling off” period.

 

The Planning Development Team Leader reported that the application was refused at the Committee’s April 2017 meeting because it was deemed the proposal does not address the needs of the local area, there being a need for housing of this type that caters for the needs of older people. The Officer’s further written report addresses the reason given by the Committee for refusing the application. In addition, correspondence has been received from the applicant’s agent stating that since the housing market crash of 2008, potential buyers have been unwilling to purchase properties with any kind of restrictions because of the implications for re-sale thereby putting in question the viability of the project. The condition also has to meet the test of planning legislation in relation to it being necessary, enforceable and precise; it has to be shown that there is reason on planning grounds for imposing an occupancy restriction. The Officer said that consultation with the Housing Department confirms that there is no real local need for this type of housing with an over 55s condition.

 

Councillor Lewis Davies proposed that the site be visited on the grounds that this is not a typical development.

 

The Planning Development Team Leader said that a site visit is unlikely to be of assistance to the Committee as this is not a new proposal but an application to discharge a specific condition on planning consent already given for the erection of 35 residential flats. The Legal Officer endorsed the Officer’s comment and advised that a site visit would not be helpful in this instance. Councillor Lewis Davies subsequently withdrew his proposal for a site visit.

 

Those Members who were opposed to the application made reference to there being a sizeable over 55 population in the area, and they were concerned that without the occupancy restriction the site could potentially be developed in a very different way to that originally envisaged with the units unlikely to be affordable to the local population. The application site is in a highly attractive area and carries great potential which the developer might be seeking to exploit.  It was also pointed out that the housing market has improved from the 2008 downturn with Anglesey being a growth area in terms of property prices.

 

The Planning Development Team Leader said that consideration needs to be given to whether there is a sound planning reason for retaining the over 55s restriction .The site is within the settlement boundary for Beaumaris as identified in the Stopped Unitary Development Plan. This being the case the principle of development is accepted. Nowhere in Development Plan policies is there reference to restricting acceptable residential development to persons of a certain age. This being the case there is no planning requirement to impose such a condition.

 

Councillor Lewis Davies proposed that the Committee’s previous decision to refuse the application be reaffirmed and the proposal was seconded by Councillor Jeff Evans. Councillor Richard Owain Jones proposed that the application be approved in line with the Officer’s recommendation and the proposal was seconded by Councillor Nicola Roberts. In the subsequent vote, the proposal to reaffirm refusal was carried by five votes to three with Councillor John Griffith abstaining.

 

It was resolved to reaffirm the Committee’s previous decision to refuse the application contrary to the Officer’s recommendation.

 

7.2       15C30H/FR – Full application for change of use of agricultural land to extend the existing caravan park to site a further 14 touring caravans together with the installation of a septic tank on land at Pen y Bont Farm Touring & Camping, Malltraeth

 

The application was presented to the Planning and Orders Committee at the request of the Local Member. At its meeting held on 2nd November, 2016, the Committee determined that a site visit should take place. This was undertaken on the 16th November, 2016. At its 7th December, 2016 meeting, the Committee resolved to approve the application contrary to the Officer’s recommendation.

 

Councillor Ann Griffith stood down as Chair for the consideration and determination of this application in order to speak as a Local Member. The item was chaired by the Vice-Chair, Councillor Richard Owain Jones.

The Planning Development Manager reported that the Committee was advised at its 4th January, 2017, meeting that the Welsh Government had issued a holding direction on the application whilst it considered whether the application should be called in for determination by Welsh Ministers. The Committee was informed that it was open to it to either defer the application or to refuse it in accordance with the Officer’s recommendation. The Committee resolved to defer the application pending a decision by Welsh Government Ministers on calling in the application. The matter was again deferred by the Committee at its meetings held in February, March and on 5th April for the same reason. The Officer said that confirmation has now been received in a letter from the Welsh Government dated 19th April, 2017 that the Cabinet Secretary has directed that the application shall be determined by the Welsh Ministers for the reasons given in the aforementioned correspondence which she read out to the Committee. This will entail a public inquiry following which Welsh Ministers will come to a decision on the application. The Committee is asked to come to an opinion on the application in light of the contents of the letter by Welsh Government and to decide whether it would have approved the application in which case two of the Committee’s Members will be required to present the Committee’s reasons to the Public Inquiry or whether it would have refused the application in accordance with the Officer’s recommendation.

 

Councillors Peter Rogers and Ann Griffith both spoke as Local Members to the effect that the application is for short season touring caravans only and not static caravans; the actual application site has not flooded previously; notwithstanding it is situated in a Site of Special Scientific Interest,  the SSSI is a vast area and is well looked after with the co-operation of landowners and will not be detrimentally affected by the proposal; the applicant is seeking to diversify to ensure that the farm remains viable; the applicant has not undertaken a Flood Consequence Assessment because of the costs; approving the application will help the business become more sustainable for the future. They emphasised the value of local knowledge in this case.

The Committee was divided in its view of the application. Some Members thought that TAN 15 which deals with development and flood risk applies more to sites close to rivers where the flood risk is greater than with sites such as the application site where the stream rarely rises to the level of the land; moreover, if the landowner has arrangements for contacting carvanners on site then the situation is not as severe as that conveyed by the written report. There is a caravan park on site already. Also, the conditions with regard to flood risk in relation to businesses are different to those that apply to residential developments.  Other Members pointed out that the site is situated within a C1 Flood Zone and that details provided by Natural Resources Wales during the consultation process are that flood maps confirm that the site lies within the extreme flood outline. They took the view that the expert opinion should have precedence over local knowledge.

 

Those Members who were minded to approve the application suggested that the applicant be given a further opportunity to submit a Flood Consequence Assessment.

 

The Planning Development Team Leader said that the Welsh Government’s schedule is unlikely to allow time to go back to the applicant for a Flood Consequence Assessment. Planning policies are clear that where developments are proposed in Zone C and comply with the test in Section 6 of TAN 15, a Flood Consequence Assessment is required and this is corroborated in the correspondence by the Welsh Government. This is a technical assessment which goes over and above local knowledge and the applicant has had the opportunity to provide the assessment. Moreover caravan parks, although they operate as a business are classified by TAN 15 as highly vulnerable development because of their residential element.

 

Councillor Jeff Evans proposed that the Committee approve the application contrary to the Officer’s recommendation and the proposal was seconded by Councillor Kenneth Hughes. Councillor Nicola Roberts proposed that the Committee refuse the application in line with the Officer’s recommendation and the proposal was seconded by Councillor Lewis Davies. In the subsequent vote, Councillors Lewis Davies, John Griffith, Vaughan Hughes and Nicola Roberts voted to refuse the application; Councillors Jeff Evans, Kenneth Hughes, Victor Hughes and W.T. Hughes voted to approve the application. The application was refused on the casting vote of the Chair.

 

It was resolved to refuse the application in accordance with the Officer’s recommendation.

 

7.3       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. At its meeting on 1st March, 2017, the Committee decided to carry out a site visit which duly took place on 15th March, 2017. At its 5th April, 2017 meeting, the Committee resolved to approve the application contrary to the Officer’s recommendation because it deemed the proposal to be in an infill site forming part of the built up form of the village  which would not cause harm to the landscape.

 

The Planning Development Manager said that the Officer’s further report addresses the reason given by the Committee for approving the application contrary to the Officer’s recommendation and refers to two appeals in the same area involving proposals which raise similar issues to the application which the Inspector dismissed on the basis that they were intrusive within the landscape to the detriment of the character, appearance an natural beauty of the AONB. Due to this and because it is not considered that the development is an acceptable infill development the Officer’s recommendation remains one of refusal.

 

Councillor Llinos Medi Huws, a Local Member reiterated her view expressed at the previous meeting that the proposal is an infill development with dwellings either side of the application plot. The Community Council supports the application and the proposals cited in the Officer’s report which have been the subject of appeals do differ to the application presented.

 

Councillor Kenneth Hughes agreed with the Local Member and proposed that the Committee’s previous decision to approve the application be reaffirmed. The proposal was seconded by Councillor W.T. Hughes.

 

It was resolved to reaffirm the Committee’s previous decision to approve the application contrary to the Officer’s recommendation.

 

7.4       33C190Q/VAR – Application under Section 73 to vary condition (03) of planning permission reference 33C190 (Review of planning conditions in accordance with The Environment Act 1995) so as to allow the use of the original access at Bwlch Gwyn Quarry, Gaerwen

 

The application was presented to the Planning and Orders Committee at the request of a Local Member. At its meeting held on 5th April, 2017, the Committee resolved to visit the site. The site visit took place on 19th April, 2017.

The Senior Planning Officer (Minerals & Waste) reported that the proposed development has been part of the formal “pre-application” process where the attention of the applicant was drawn to issues in relation to the original entrance (which is the subject of the current application) and the highway as well as the proximity of the residential property known as Graig Fawr. Following the “pre-application” information and as part of the formal application process, the applicant is proposing to undertake improvements to the road and entrance in order to make them suitable for quarry traffic purposes and has submitted relevant plans in support of the application. The Community Council objects to the proposal on the grounds of welfare and health and safety and 17 other letters of objection have been received the substance of which is conveyed in the written report. The representations made have been considered and addressed fully within the written report. The Officer concludes that the application does meet the requirements of local and national policies as listed in the report and subject to the conditions within the report as well as the original conditions of planning permission 33C190 updated as required, it is recommended that it be approved.

 

Councillor Victor Hughes, as a Local Member referred to concerns which the Community Council has about the adequacy of the road from the village itself with the narrow bridge crossing the A55, and also its wish to see heavy quarry traffic being diverted away from the village to the main road via the lower road in the direction of Pentre Berw. Councillor Hughes asked whether the road improvement works could be subject to a Grampian condition to ensure they are implemented before use of the entrance can begin.

 

The Officer confirmed that condition (07) satisfies this requirement. The applicant has of his own volition in the Traffic Management Plan proposed that quarry traffic leaves the A55 at the Llangefni junction and works back to Pentre Berw and the quarry that way. In addition following discussions, the applicant and the Minerals and Waste Planning Service are willing to commit to the convening of quarterly or biannual meetings of a Quarry Liaison Group with representation from the County and Community Councils to discuss any proposals relating to the quarry; this would be done on a voluntary basis rather than through a planning condition and is common practice in several quarry sites across North Wales. Conditions on the planning consent for the quarry itself require that a report on the quarry’s management be produced every 3 years and the Liaison Group could be incorporated within this provision.

 

The Committee sought clarification of the road improvement works proposed and whether the road will be widened sufficiently to allow two lorries to pass each other.

 

The Highways Officer confirmed that improvements to the road meet with the requirements of the Highways Authority. The road from the current entrance to the original entrance has been surveyed and will be widened along its length to meet the minimum requirement set by the Highways Authority.

Councillor Kenneth Hughes proposed that the application be approved and the proposal was seconded by Councillor W.T. Hughes.

 

It was resolved to approve the application in accordance with the Officer’s recommendation subject to the conditions listed in the written report.

 

7.5       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 and beverage facility along with associated car parking and works on land at Coleg Menai, Ffordd y Coleg, Llangefni

 

The application was presented to the Planning and Orders Committee as it is the subject of an Environmental Impact Assessment and the proposals represent a departure from Development Plan policies for which the recommendation is one of approval.

 

Councillor W.T. Hughes questioned whether it was appropriate for the Committee to be considering this application in the pre-election period given that it is a substantial and a significant application.

 

The Planning Development Manager said that it is open to the Council to continue dealing with normal business during the pre-election period; regardless of its size which is not a factor, the application in question is not considered unusual or contentious and is therefore not captured by the pre-election protocol.

 

Several of the Committee’s Members shared Councillor W.T. Hughes’s doubts about the propriety of considering the application at this time. Councillor Lewis Davies said that application 6.1 on the agenda had been recommended for deferral for the very same reason and he believed this application should also be deferred on account of its magnitude and significance. Councillor Nicola Roberts although she was reluctant to defer determining the application referred to the Pre-Election Protocol which advises that “during the election period, the Council needs to ensure it remains impartial. The Council must not use or give the impression of using public money to promote one candidate/political party or its/their policies over another.”  She believed that the application fell into this category, is contentious and that determining it would open the door to giving one political group advantage over another. She said she had been unable to respond by way of giving an opinion to questions posed by the electorate on the application because she is a member of the Committee and because of the stipulations of the Protocol.

 

The Planning Development Manager said that application 6.1 was deferred because it is considered unusual as the proposal is for one of the largest solar array farm in Wales; the application in question although large, is relatively straightforward and, following discussions including with the Chief Executive, is considered to be a matter of “business as usual for the Council.”

Councillor Nicola Roberts proposed that the application be deferred and the proposal was seconded by Councillor W.T. Hughes. Councillor Victor Hughes proposed that the application be dealt with and the proposal was seconded by Councillor Richard Owain Jones. In the ensuing vote the proposal to defer the application was carried by five votes to three.

 

It was resolved to defer the application because the Committee deemed it to be contentious and unusual and therefore inappropriate to be determined during the pre-Election period.

 

7.6       47C153 – Outline application for the erection of a dwelling with full details of the vehicular access together with the extension of the existing cemetery on land opposite Plas Newydd, Llanddeusant

 

The application was presented to the Planning and Orders Committee as it was called in by a Local Member. At its meeting held on 1 March, 2017 the Committee determined to undertake a site visit; the site was visited on 15 March, 2017. At its April meeting the Committee resolved to approve the application contrary to the Officer’s recommendation on the basis it deemed the proposal to constitute a minor extension to the existing developed part of the village which did not cause harm to the landscape.

 

The Planning Development Manager reported that the Officer’s further written report maintains that the proposed development would form an intrusion into the open character and unspoilt field in Llanddeusant; the village currently has a physical boundary beyond which the application site lies thereby contravening planning policies. The Officer in his report also refers to similar applications across Anglesey wherein the Planning Inspectorate in considering appeals has upheld the Local Planning Authority’s viewpoint.

 

Councillor Llinos Medi Huws, a Local Member said that there is a local and proven need for this development.  The Joint Local Development Plan will shortly be implemented meaning there will be not further development in the village where Llanddeusant will be designated a cluster. The policies give young people the chance to live within their communities and to promote the Welsh language. 

 

Councillor W.T. Hughes proposed that the Committee’s previous decision to approve the application be reaffirmed and the proposal was seconded by Councillor Kenneth Hughes.

 

Councillor Lewis Davies asked whether it would be possible to impose a condition so that the field wherein lies the application site cannot be developed further. The Planning Development Manager said that that was not an appropriate use of planning conditions and that further development can only be prevented by refusing the application.

 

The majority of the Committee’s Members deemed the proposal acceptable for the reason previously given.

 

It was resolved to reaffirm the Committee’s previous decision to approve the application contrary to the Officer’s recommendation. (Councillors Lewis Davies and Victor Hughes abstained from voting)

 

7.7       47C154 – Outline application for the erection of a dwelling together with full details of the new vehicular access on land opposite Plas Newydd, Llanddeusant

 

The application was presented to the Planning and Orders Committee as it was called in by a Local Member. At its meeting held on 1 March, 2017 the Committee determined to undertake a site visit; the site was visited on 15 March, 2017. At its April meeting the Committee resolved to approve the application contrary to the Officer’s recommendation on the basis it deemed the proposal to constitute a minor extension to the existing developed part of the village which did not cause harm to the landscape.

 

Councillor Kenneth Hughes proposed that the Committee’s previous decision to approve the application be reaffirmed and the proposal was seconded by Councillor W.T. Hughes.

 

It was resolved to reaffirm the Committee’s previous decision to approve the application contrary to the Officer’s recommendation.