Agenda item

7.1  20C310B/EIA/RE – Rhyd y Groes, Rhosgoch

7.2  20C313A – Ffordd y Felin, Cemaes

7.3  24C300A/ECON – Tyn Rhos Fawr, Dulas

7.4  28C472E – Cartref, Station Road, Rhosneigr

7.5  38C180F/VAR – Gilfach Glyd, Mynydd Mechell

7.6  39C285D – Lon Gamfa, Menai Bridge

7.7  46C168D/DA – Trearddur House, Trearddur Bay

7.1  20C310B/EIA/RE – Full application for the construction of a 49.99MW solar array farm together with associated equipment, infrastructure and ancillary works on land adjacent to Rhyd y Groes, Rhosgoch

 

The application was presented to the Planning and Orders Committee as the Committee at its meeting held on 8 November, 2017 resolved to refuse the application contrary to the Officer’s recommendation on the basis that the proposal does not constitute an exception sufficient to allow departure from Policy ADN 2 of the Joint Local Development Plan (Anglesey and Gwynedd).

 

Councillor Richard Griffiths, a Local Member said that he was addressing the Committee to strongly oppose this proposal; he was also representing the local residents of Llanbadrig who have grave concerns as regard to this application at Rhyd y Groes.  He noted that local residents are supportive of Wylfa Newydd project but faced with this immense development of a solar array farm in the locality would put undue strain on the community.  The local Community Councils are also opposed to this development.  He further said that there is speculation as to the generated power from this development; the applicant has said that the capacity of 49.9MW will power 15,500 homes; it is argued that the generated power will only be for 9,500 homes.  The proposed development, if approved, will generate heavy traffic to and from the site.  He considered that these solar panels should be on roofs of houses and commercial properties and not on agricultural land and especially not within rural communities.  Councillor Griffiths asked the Committee to listen to the concerns of the local residents of Llanbadrig and reaffirm its decision to refuse this application.

 

The Planning Development Manager referred to the reasons for refusing the application at the previous meeting as noted within the report.  She noted that further letters of support have been received by Friends of the Earth and the landowners at Rhyd y Groes.  Further letters of objection have also been received by the residents of Buarth y Foel and from the Council for the Protection of Rural Wales.  An independent legal opinion on the decision to refuse the application at the previous meeting of this Committee has been submitted by the applicant and specifically on whether the proposal complies with policy ADN2 of the Joint Local Development Plan.  The Planning Development Manager reported that the applicant has submitted an appeal against the decision of the Committee to refuse the application and this appeal is at present being validated before submission to the Planning Inspectorate.  It was noted that the Authority has a four weeks period to determine the application when the appeal is validated before it falls to the Planning Inspectorate to determine. She further said it was important to report that the applicant has requested a Hearing by the Planning Inspectorate as regard to this application and has stated they will claim costs against the Council which may be substantial. 

 

The Planning Development Manager further reported that the previous meeting of this Committee only gave one reason for refusal on the basis that the proposal does not constitute an exception sufficient to allow departure from policy ADN2 of the Joint Local Development Plan.  It was considered by the Committee that the only matter the developer had as justification for an exception from policy ADN2 was a connection to the National Grid.    The report by the Planning Officer addresses the issue as regards to exception from policy ADN2 and as the Committee at the previous meeting did not consider that there is sufficient departure from policy ADN2 the Committee needs to be clear on the matter before the application is considered at the appeal process.     The Planning Development Manager referred to strategic policy PS7 and policy ADN2 within the Development Plan to the Committee.  The Officer’s report to the Committee is clear that it considers that exceptional circumstances have been presented to the Planning Authority which allows for development outside ‘Potential Opportunity Areas’ and as such that the scheme is compatible with the first part of Policy ADN2.  Following on from site selection, policy ADN2 requires the proposals for Solar PV Farms of 5MW or more and other solar schemes of up to 5MW will be permitted provided that the proposal conforms with the criteria noted within the Planning Officer’s report.

 

The Planning Development Manager reported that the Joint Planning Policy Unit is in support of the application as regard to policy ADN2.  The applicant has shared the legal opinion with the Council following refusal of the application at the previous meeting.  A detailed assessment has been undertaken as regard to this application and the recommendation is of approval of the application.

 

Councillor Dafydd Roberts said that he has given due consideration to this application following refusal of the development at the last meeting of this Committee.  He noted that within policies of the Welsh Government the land for such solar array farms needs to be primarily level and therefore there is a higher proportion of the site that conforms to these policies than he previously thought.  He questioned if a condition could be attached to any approval of the application that the developer does not erect solar panels on the areas which do not conform to the Welsh Government policies.  However, he considered that the Welsh Government policies only refer to solar farm of up to 5MW but this proposed development is vastly higher. 

 

The Planning Development Manager responded that the Joint Planning Policy Unit has considered the Welsh Government policies as per the ‘toolkit’ for a high level assessment for such development.  A map of the gradient of the land was shown to the Committee which shows that a very small area does not comply to policies.  She noted that a Condition has already been attached to any approval of the application as to the layout of the site as per condition 4 in the written report.  The Planning Development Manager stressed that the application must be dealt with as a whole as has been submitted by the applicant.  The proposed development has been assessed as regard to the cumulative effect on other developments in the area which include the Rhyd y Groes Windfarm.  She further said that reference has been made to the quality of the agricultural land at this site and she noted that a Technical Report has been received by Welsh Government that the land is of 3B quality and does not prohibit development of site a development on this land. 

 

Councillor John Griffith questioned whether a condition could be applied that a buffer zone be erected near neighbouring properties.  The Planning Development Manager responded that specific reasons need to be applied if conditions are to be attached to any approval of planning applications.  She said that mitigation measures are attached to this application as to the effect of the amenities of neighbouring properties. 

 

Councillor Shaun Redmond questioned if this application was to be approved would it be proper therefore for consumers having to pay more for their electricity when Windfarms will have to shut as this solar array farm will create overcapacity to the Grid.  The Planning Development Manager responded that Welsh Government expects such development of solar wind farm and the costs of electricity to the consumer is not a matter before the Committee. 

 

Councillor Dafydd Roberts raised whether other solar wind farm developments could argue the case that a site was appropriate due to its ability to connect to the National Grid.  The Planning Development Manager responded that there are two elements to policy ADN2 that site of over 5MW are referred to specific areas; to show exception to policy ADN2 the applicant must show the need and location and the necessary criteria must be complied with. It was noted that it would be a matter for the National Grid to decide as to how much electricity generated from such development will be required from the Island. 

 

The Legal Services Manager said that the Committee must first consider whether the reason for refusing the application at the previous meeting of the Committee (that the application does not constitute an exception sufficient to allow departure from Policy ADN2) is sufficient bearing in mind that the Joint Planning Policy Unit, who have drawn up the policies within the Joint Local Development Plan, consider that it is an exception to allow departure from Policy ADN2.  He noted that if the application is to be refused then evidence to justify that reason may be difficult to find.  That could echo in costs within the appeal process.  If the Committee was not of a view to reaffirm its previous decision then it could either offer other reasons for refusal or it could approve the application.

 

Following deliberations it was considered that a recorded vote be undertaken.

 

In accordance with paragraph 4.1.18.4 of the Constitution the required number of members requested that a recorded vote be taken.

 

 

 

The recorded vote was as follows :-

 

To approve the application in accordance with the Officer’s recommendation :-

 

Councillors John Griffith, Vaughan Hughes, Nicola Roberts, Robin Williams                                                                               (TOTAL 4)

 

To reaffirm the previous decision to refuse the application contrary to the Officer’s recommendation :-

 

Councillor Shaun Redmond                                                 (TOTAL 1)

 

Abstained from voting :-

 

Councillors Glyn Haynes, K P Hughes, Eric W Jones, Dafydd Roberts 

                                                                                                        (TOTAL 4)

 

It was RESOLVED to approve the application in accordance with the Officer’s recommendation subject to the conditions set out in the written report together with delegated powers to the Head of Planning Services to add, amend and delete conditions as necessary.

 

7.2  20C313A – Retrospective application for the erection of 14 affordable dwellings, construction of a new access and internal road together with the installation of a sewerage pumping station on land off Ffordd y Felin, Cemaes

 

The application was presented to the Planning and Orders Committee due to the adopted Joint Local Development Plan (Anglesey and Gwynedd).  The Planning and Orders Committee approved the application on the 1^st March, 2017 in accordance with the Officer’s recommendation, subject to conditions and a Section 106 agreement under the 1990 Act.  The application was initially determined under the development plans’ policies in place at the time of determination.  Following the adoption of the Joint Local Development Plan the application has been reassessed under the policies contained within the current development plan. 

 

The Planning Development Manager reported that the site now is within the settlement boundary of Cemaes which has been identified for housing development in compliance with policy T34 within the Joint Local Development Plan.  The Planning Officer’s report to this Committee notes that this proposal is for a 100% affordable housing scheme which in principle exceeds the 30% requirement stipulated within the Development Plan.  She noted that an infrastructure provision assessment has been undertaken as regard to this application and the Education Service has confirmed that they are not seeking a contribution from the developer for educational facilities.  However, a financial contribution through a S106 legal agreement is sought towards identified open spaces in the area.  The Planning Development Manager further said that works have been undertaken on the access together with clearing works on the site; the application is now in part a retrospective application due to these works.  The application however does comply with the Joint Local Development Plan policies and the recommendation is of approval of the application.

 

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

 

It was RESOLVED to approve the application in accordance with the Officer’s recommendation subject to the conditions set out in the written report together with a S106 Agreement securing the proposed units to be of an affordable type and the financial contribution relating to open space provision.

 

7.3  24C300A/ECON – Formation of lakes for fishing/boating recreation use, erection of an ancillary shop/café and an ancillary storage building together with associated access roads and ancillary parking areas and the installation of a new septic tank on land forming part of Tyn Rhos Fawr, Dulas

 

The application was presented to the Planning and Orders Committee as the application was approved in July 2016 by the Committee but since the adoption of the Joint Local Development Plan (Anglesey and Gwynedd) it is necessary to review the recommendation to the policies contained in the Local Development Plan and any other changes in material considerations. 

 

The Planning Development Manager said that application was approved in July 2016 subject to a legal agreement containing provisions restricting the use of motorised water craft, submission of a travel plan, bonding requirements to fund repair works to repair the A5025 adjacent as a result of any damage from instance breaches as a result of the development and a requirement for bilingual business/place names and signage.  A draft of the legal S106 agreement has been prepared but the proposal needs to be reassessed due to policies contained in the adopted Joint Local Development Plan.  The assessment has been undertaken specifically to Policy TWR 1 (Visitor Attractions and Facilities) which states that proposals to develop new visitor attractions and facilities will be encouraged to locate to sites within the development boundary.  She noted that in the previous approval of this application the site was within a Special Landscape Area and now no longer applies in this particular area. 

 

Councillor Robin Williams questioned if the development was to be open to the public.  The Planning Development Manager responded that there is a shop/cafe on site and it will be open to the general public.

 

Councillor Vaughan 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 completion of a legal agreement and conditions set out in the written report.

 

7.4  28C472E – Full application for the erection of 2 dwellings (one which will include a balcony) on land adjacent to Cartref, Station Road, Rhosneigr

 

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 it has become apparent that the road leading to the site is in different ownership and therefore the applicant will need to serve the requisite notification on the land owners.  She noted that the recommendation is to defer the application.

 

It was RESOLVED to defer consideration of the application to allow the applicant to serve the requisite notification on land owners.

 

7.5  38C180F/VAR – Application under Section 73 for the variation of condition (02) of planning permission reference 38C180D (outline application for the erection of a dwelling and vehicular access) so as to allow an extension of time to submit a reserved matters application at Gilfach Glyd, Mynydd Mechell

 

The application was presented to the Planning and Orders Committee at the request of a Local Member.  At its meeting held on 8^th November, 2017 the Committee resolved to approve the application contrary to Officer’s recommendation. 

 

Councillor Llinos M Huws, a Local Member reiterated that the application was deserving of approval as per her comments at the previous meeting of the Planning and Orders Committee.  She referred to the recent adopted Joint Local Development Plan and to the housing figures for development and noted that this application was amongst those figures which had been allocated to Anglesey.  She noted that the applicant accepts the commencement of the dwelling will need to be implemented within a year.

 

The Planning Development Manager referred to the reasons given by the Committee to approve the application contrary to the Officer’s recommendations as noted within the report.  She stated that the recommendation is still of refusal of the application.

 

Councillor K.P. Hughes proposed to reaffirm the previous decision to approve the application and Councillor Robin Williams seconded the proposal.

 

It was RESOLVED to reaffirm the previous decision to approve the application

 

7.6  39C285D – Full application for the erection of 17 dwellings on land at Lon Gamfa, Menai Bridge

 

The application was presented to the Planning and Orders Committee as it previously comprised a departure from the Ynys Môn Local Plan.  However, the site is now identified as a residential development site within the adopted Joint Local Development Plan. 

 

The Chair said that a request has been received by the Local Members that the site be visited.  Councillor Robin Williams, a Local Member said that the area of the application site was flooded recently.  He said that this application first came before the Planning and Orders Committee in 2013 and he considered that it would be beneficial for Members of the Committee to visit the site.  He proposed that the site be visited and Councillor Nicola Roberts seconded the proposal.

 

It was RESOLVED to undertake a site visit in accordance with the Local Members request for the reasons given.

 

7.7  46c168D/DA – Application for reserved matters for the erection of a dwelling which includes a balcony on land at Trearddur House, Trearddur Bay

 

The application was presented to the Planning and Orders Committee at the request of a Local Member.  At its meeting held on 1^st November, 2017 it was to visit the site.  The site was subsequently visited on the 15^th November, 2017.

 

Mr. Steve Bond (for the proposal) said that it is important to recognise that the application before the meeting is a reserved matters application. The site is an open piece of land adjacent to Trearddur House near the centre of the village. However, the application site should not be viewed as land that should be retained as open green space as it has in fact benefited from full planning for a large detached house since 1991 with this consent being safeguarded as a result of the works having been formally commenced on site.  The land originally formed part of the curtilage to Trearddur House that was in the applicant’s ownership from 1982 up until 2016 when Treardddur House was sold but the plot retained.    The 1991 house was also for the current applicant but a change in personal circumstances meant that they never went on to build the house despite full planning approval having been preserved.  In 2013, the applicant commissioned to develop proposals for a smaller property on the site and having established with the Planning Department that they would consider alternative proposals an outline application was subsequently submitted and was later approved in July 2014.  As part of this process they were required to clearly indicate the positioning, footprint, overall size and the height of the development.   The design now proposed is in full compliance with the parameters approve by the Council at the outline stage.  The design incorporates features widely seen in the area and is of a style not untypical of Trearddur Bay.  Whilst the applicant is aware that objections have been raised with one emanating from the owner of the neighbouring property of Bryn Hyfryd who actually bought the property a year after planning consent was approved. An objection has also been received by the owners of Maes Eithin, but this property is in fact some 48 metres from the nearest point of the proposal and is not even orientated towards the plot.  Two other objections have been received from occupiers of Wellington Court but again there is acceptable spatial separation from the proposed new dwelling.  These objections have been carefully considered and a detailed response has been issued to the Planning Department which clearly shows that there is no real merit in any of the objections submitted.  Drainage and Ecology matters have been fully addressed and contrary to misleading claims the development will not increase the risk of flooding of neighbouring land.  None of the Town Council, Gwynedd Archaeological Trust or CADW have raised any objections to the design or the positioning of the proposed dwelling. 

 

Mr Bond further said that the application before the Committee is now some 25% smaller than the house that benefits from full planning and in addition, the new footprint accounts for only 12% of the overall total area of the plot so the majority of the green open space visible from the village will be retained and any risk of overdevelopment of the plot is avoided.  The proposed dwelling is set below the level of Trearddur House and its setting in relation to other properties ensures it will sit within the landscape. 

 

Councillor Dafydd R Thomas, a Local Members said that he has concerns as regard to the loss of greenfield sites in Trearddur Bay and the scale of this development.  He said that the applicants has roots in the Trearddur Bay area and referred to Paragraph 4 (iv) within the report as regard to ‘no distinct pattern of development in the locality’, and this proposed development would not harm the landscape.

 

The Planning Development Manager said that two additional letters of support together with a letter from the Agent has been received since completion of the report to the Committee.  She noted that full planning permission exits on this site which has been secured by the required works.  The original planning approval was for a larger dwelling on site and was also much nearer to the neighbouring properties.  The Planning Development Manager said that there has been concerns expressed as regard to drainage issues in the area; this can be addressed by an additional Condition attached to any approval of the application.

 

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 set out in the written report and an additional condition relating to drainage.