Issue - meetings

Change of Use Implementation Report

Commencement of Approved Work Report

7.1  46C427L/COMP - Land and Lakes, Penrhos Coastal Park, Holyhead

46C427L/COMP

7.2  COMP/2021/1 - Land and Lakes, Penrhos Coastal Park, Holyhead

COMP/2021/1

7.3  S106/2020/3 - Land and Lakes, Penrhos Coastal Park, Holyhead

S106/2020/3

7.4  FPL/2022/256 – Crown Street, Gwalchmai

FPL/2022/256

7.1  48C427L/COMP – Submission of Community Liaison Group Scheme (CLGS) to comply with the Terms of Agreement as set out in Schedule 8, Section 7 and Penrhos Public Access Land Scheme (PPALS) as set out in Schedule 8, Section 13.1 of the Section 106 Agreement attached to planning permission reference 46C427K/TR/EIA/ECON at Land and Lakes, Penrhos Coastal Park, Holyhead

It was resolved to approve the application in accordance with the Officer’s recommendation and report thereby discharging the obligations of the Section 106 Agreement to which it refers.

7.2  COMP/2021/1 – Submission of information necessary to discharge sections Schedule 8, Section 1, Clause 1.1 Car Parking and Public Access Strategy – Penrhos Coastal Park Phase; Schedule 8, Clause 12.2 Ancient Woodland Scheme – Penrhos Coastal Park Phase; Schedule 8, Section 15, Clause 15.1 Green Linkages Scheme – Penrhos Coastal Park Phase; Schedule 8, Section 17, Clause 17.1, SSI Management Scheme – Penrhos Coastal Park Phase; Section 8, Section 19, Clause 19.1 Ecological Survey and Monitoring Scheme – Penrhos Coastal Park Phase; Schedule 8, Section 19, Clause 19.4 Ecological Compliance Audit – Penrhos Coastal Park Phase; Schedule 8, Section 20, Clause 20.1 Existing Tree Management Scheme – Penrhos Coastal Park Phase; Schedule 8, Section 21, Clause 21.1 Warden Service Appointment/Warden Service Annual Reporting – Penrhos Coastal Park Phase; Schedule 8, Section 21, Clause 21.2 Warden Service Security Obligations/AONB Impact and use of Green Linkages monitoring assessment – Penrhos Coastal Park Phase; Schedule 8, Section 21, Clause 21.3 Warden Service, AONB Impact Annual Report commitment – Penrhos Coastal Park Phase; Schedule 9, Section 3, Clause 3.1 Penrhos Leisure Village Phasing Plan – Penrhos Coastal Park Phase; Schedule 11, Section 1, Clause 1.1 Local Labour Plan – Penrhos Coastal Park Phase of the S106 agreement obligations attached to planning permission 46C427K/TR/EI/ECON at Land and Lakes, Penrhos Coastal Park, Holyhead

It was resolved to approve the application in accordance with the Officer’s recommendation and report thereby discharging the obligations of the Section 106 Agreement to which it refers.

7.3  SI06/2020/3 – Submission of “Penrhos Coastal Park Welsh Language Scheme” under Section 1 (Welsh Language Scheme) of schedule 12 of the Section 106 Agreement completed in connection with planning permission 46C427K/TR/EIA/ECON and the submission of a Deed of Variation to vary the following provisions of this legal agreement: paragraphs 2.2.2 Schedule 8 (Cae Glas Nature Reserve and Visitor Centre Specification), Appendix 2 Bond Table Penrhos Visitor Centre (including the Penrhos Visitor Centre Toilets) and their maintenance, paragraphs 1.1 and 1.2 of Schedule 12 (Welsh Language Scheme) and the substitution of Plan 2 Penrhos Land Drawing – Plan 2 drawing reference PL1114.VW008/Rev.03 dated 03/03/2016 at Land and Lakes, Penrhos Coastal Park, Holyhead

It was resolved to approve the application in accordance with the Officer’s recommendation and report namely –

·        That Council completes the Deed of Variation so as to amend the legal agreement completed on 19 April, 2016 as part of planning permission 46C427K/TR/EIA/ECON and

·        Upon completion of the Deed of Variation that the  ...  view the full decision text for item 7

7.1 46C427L/COMP – Submission of Community Liaison Group Scheme (CLGS) to comply with the Terms of Agreement as set out in Schedule 8, Section 7 and Penrhos Public Access Land Scheme (PPALS) as set out in Schedule 8, Section 13.1 of the Section 106 Agreement attached to planning permission reference 46C427K/TR/EIA/ECON at Land and Lakes, Penrhos Coastal Park, Holyhead

The application was reported to the Planning and Orders Committee as it relates to the discharge of obligations of a Section 106 Agreement attached to the consent of an application which was accompanied by an Environmental Impact Assessment. It was therefore referred to the Committee for determination in accordance with paragraph 3.5.3.10 of the Council’s Constitution. At its meeting held on 3 May, 2023, the Committee resolved to refuse the application contrary to the Officer’s recommendation as it deemed it unclear whether the original permission (application reference 46C427K/TR/EIA/ECON) had been lawfully implemented for two reasons, namely –

·                     Whether the works undertaken (under planning application RM/208/6) constitute a material start and,

·                     Whether the change of use to the Bailiffs Tower had commenced prior to the expiration of 5 years from the date of the original permission (being 19 April, 2016).

Also submitted for the Committee’s information were Land and Lakes’ Penrhos Leisure Village Implementation of Change of Use report (April 2021) and Penrhos Coastal Park Commencement of Approved Works report (April, 2021).

The Chair asked the Committee whether it wished to consider the three Land and Lakes applications (7.1, 7.2 and 7.3 on the agenda) as a composite application as at its previous meeting. Councillor Geraint Bebb proposed, seconded by Councillor John I. Jones that the three applications be considered together as one application.

The Legal Services Manager was invited by the Chair to read out a letter by Lisa Black from the Save Penrhos group. The letter read as follows –

“After the last planning meeting regarding Penrhos I was alarmed to hear that our planning councillors had not been privy to the documentation pertaining to the works done to constitute a material start that ultimately lead to the safeguarding of the planning application in perpetuity. Yet our councillors were asked to vote on matters that they were not fully informed on. It became apparent that many questions needed answering.

With the help of an independent planning consultant, we asked for and received a report in which the information provided seemed something that should be shared with our councillors regarding this matter.

Parts of this document include Section 56 of the Town and Country Planning Act which prescribes activities that constitute compliance referred to as a material operation which are defined as any work of construction in the course of the erection of a building; the demolition of a building; the digging of a trench which is to contain the foundation or part of the foundations of a building; the laying of any underground main or pipe to the foundations, or part of the foundations of a building; any operation in  ...  view the full minutes text for item 7