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Meeting: 05/06/2013 - Planning and Orders Committee (Item 13)

13.1 – 38C185C – Maes Mawr, Llanfechell

13.2 – 38C236A – Tyddyn Paul, Llanfechell

Decision:

13.1 38C185C – Full application for the erection of one wind turbine with a maximum hub height of up to 24.6m, rotor diameter of up to 19.2m and a maximum upright vertical tip height of up to 34.2m on land at Maes Mawr, Llanfechell

It was resolved:

· Not to endorse the Officer’s recommendation that the Planning Inspectorate be informed that the Local Planning Authority does not wish to contest the appeal on the grounds that the Committee rejects the application for reasons of its adverse effects on the landscape; detrimental visual effects; effects on amenities; potential health effects and its proximity to residential properties.

· That the matter be deferred to the next meeting to allow the Officers to report back on the reasons for the Committee’s position of refusal.

13.2 38C236A – Application to determine whether prior approval is required for the erection of an agricultural shed for storage purposes at Tyddyn Paul, Llanfechell

It was resolved to note the information presented.

Minutes:

The application was originally reported to the committee as it has been decided that delegated powers will not be used in connection with wind turbine developments. The applicant was at the time also a councillor of the Isle of Anglesey Council. The application was scrutinised by the Monitoring officer as required under paragraph 4.6.10.4 of the Constitution.

Having declared an interest in this application, Councillor Kenneth Hughes withdrew from the meeting and did not take part in the discussion and voting thereon.

The Planning Development Manager explained that the Planning and Orders Committee resolved to approve the application in November, 2012. Planning permission was not formally released whilst formal complaints were considered by the Council’s Monitoring Officer. A legal challenge was subsequently made to the High Court which remains on-going. In the course of the above events the applicant appealed for non-determination which appeal has been validated meaning that that jurisdiction over the application now lies with the Planning Inspectorate who will determine the application. The Officer went on to say that the application is being reported back to the Committee for a number of reasons as set out in the report including for information; to assess the effect of the supplementary planning Guidance (SPG) on onshore wind energy adopted in January, 2013, and in response to correspondence received following the resolution to grant planning permission. The report addresses these matters in detail. The Committee is now being asked to come to a resolution regarding the Local Planning Authority’s position in relation to the appeal. The Officers consider the proposal to be acceptable in terms of the principle of development; visual and residential amenities; shadow flicker/ reflected light; noise and the effects on the AONB. Whilst Officers do recognise that the proposed development would have an impact locally and would be prominent structure they do not judge those effects to be overbearing. The Officer’s original recommendation was one of approval and the recommendation at this meeting is that the Planning Inspectorate is informed that the Local Planning Authority does not wish to contest the appeal and that if the Inspectorate is minded to approve the appeal, that the conditions set out in the report are attached to the consent.

The Legal Services Manager reiterated that the application is not presented to the Committee for determination as the right of determination now resides with the Planning Inspectorate. The Committee is asked to give a lead on the stance to be taken with regard to the appeal .The Officer’s recommendation remains one of approval; however there have since been changes by virtue of the SPG although these do not affect the recommendation.

In the subsequent discussion on this matter, Members of the Committee raised the following issues ... view the full minutes text for item 13