Agenda item

10.1 12C49M/VAR – Casita, Beaumaris

10.1    12C49M/VAR – Application under Section 73 for the variation of condition (01) from planning permission reference 12C49K (erection of 35 residential apartments for persons aged 55 and over) so as to allow a further 5 years to commence development at Casita, Beaumaris

The application is presented to the Planning and Orders Committee as it is a departure from the development plan.

The Planning Development Manager reported that the proposal was approved in 2010 and that this application seeks to extend the life of the permission by a further five years. The key issues relate to the principle of the development; its impact in an Area of Outstanding Natural Beauty and highways and parking issues. Notwithstanding the proposal is a departure from the development plan being for residential development outside the defined settlement boundary for Beaumaris in the Ynys Môn Local Plan, Beaumaris is identified as a secondary centre under the provisions of HP3 in the Stopped Unitary Development Plan which remains a material planning consideration. The proposal is therefore supported by policy. In terms of landscape and visual impact, it is not considered that the proposal would result in an intrusive feature to the detriment of character and amenities of the surrounding area and mitigation is also proposed by way of a landscaping scheme. With regard to highways considerations, a Transport Assessment and a safety audit have been conducted and the Highways Authority has recommended conditional approval.

Several of the Committee’s Members expressed reservations regarding the proposal on account of its scale, location and resulting visual impact as well as the adequacy of the access road leading to the application site which it was felt is incapable of accommodating the additional usage that would be generated by the proposed development, and for those reasons they were minded to refuse the application. Reference was also made to  an affordable housing contribution of £100k which the applicants had agreed to make and it was suggested that the value of the contribution will now be much less in real terms at the expiry of five years. The Legal Services Manager advised that this concern could be addressed by asking the applicant to consider increasing the affordable housing contribution.

Councillor Jeff Evans sought clarification of the status of the proposal as regards any material changes to the application approved in 2010, and he questioned if there were no changes, whether there were any grounds for refusal. The Planning Development Manager confirmed that the application is to renew the consent given in 2010.

The Legal Services Manager advised that the proposal has not materially changed so as to justify reversing the decision made in 2010 and that the Committee is likely to find it difficult to defend an appeal on the basis of the reasons given for contemplating refusal. In response to a suggestion that care needs have changed in the five years since the application was approved, the Legal Services Manager further advised that the Officer’s written report does not provide evidence to that effect, but it is open to the Committee if it so wishes to defer determining the application to seek clarification whether that is the case.

Councillor Victor Hughes proposed that determination of the application be deferred to obtain further information about care needs in the locality and the proposal was seconded by Councillor Lewis Davies. Councillor Jeff Evans proposed that the application be approved and the proposal was seconded by Councillor Kenneth Hughes. In the subsequent vote the proposal to approve the application was carried on the casting vote of the Chair.

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