Agenda, decisions and minutes

Planning and Orders Committee - Wednesday, 5th June, 2013 2.00 pm

A number of council meetings are live-streamed.

All meetings are also uploaded after the event onto the our webcasting site.

Venue: Council Chamber, Council Offices, Llangefni. View directions

Contact: Ann Holmes 01248 752518 

Items
No. Item

Introduction

The Chief Planning Officer offered words of congratulations and welcome to both those newly elected members who were joining the Planning and Orders Committee for the first time and also those Members who had been re-elected and were renewing their membership of the Committee at what was an exciting time for the Committee and the Authority alike.

Councillor Jeff Evans wished to make it known that as a new member on the Planning Committee he was disappointed that due to circumstances in relation to his car he had not attended the Planning Training session held on Monday in preparation for this meeting. However, he was not informed and had only recently discovered that as a result of not attending the training session he was now unable to participate and vote on any application before the Committee at this meeting. Councillor Evans said he found it astonishing and wrong that as a new member he had not been alerted to this requirement given that if had known, he would have endeavoured to be present as this was a matter of importance to him. Consequently, he would not be taking part for the duration of this meeting and might only be able to contribute on issues of a local nature but not participate in any voting. Whilst he accepted that those were the rules he emphasised that he should have been made aware of them as a new member particularly with reference to what is  essential in terms of attendance  in order to be able to exercise voting rights.

The Legal Services Manager confirmed that the planning procedure rules stipulate as such and that that provision has formed part of the Planning Procedure rules for some time. He apologised if the Member felt at a disadvantage at this meeting as a result but he was confident that Planning Officers would arrange training for Councillor Evans prior to the next meeting.

1.

Apologies

Minutes:

There were no apologies for absence.

2.

Declaration of Interest

Minutes:

Declarations of interest were made as follows:

 

·        Councillor John Griffith in respect of application 7.1

·        Councillor Victor Hughes in respect of applications 7.3 and 11.1

·        Councillor Kenneth Hughes in respect of application 13.1

 

Councillor Ann Griffith declared a personal interest on the basis that the Plaid Cymru manifesto contained points with reference to wind turbines. She stated that she would consider each application on its planning merits.

3.

Minutes of the 24 April, 2013 Meeting pdf icon PDF 201 KB

To submit for confirmation, the minutes of the Planning and Orders Committee held on 24 April, 2013.

Minutes:

The minutes of the previous meeting of the Planning and Orders Committee held on 24th April, 2013 were presented and confirmed as correct.

4.

Site Visits

No site visits were held following the 24th April, 2013 meeting of the Planning and Orders Committee.

Minutes:

No site visits were undertaken following the 24th April, 2013 meeting of the Planning and Orders Committee.

5.

Public Speaking

Minutes:

The Chair announced that there were Public Speakers present in respect of applications 7.1, 7.3, 11.1, 12.11 and 12.14. (Consideration of application 7.1 was deferred for a site visit to take place).

6.

Applications that will be Deferred pdf icon PDF 1 MB

6.1 – 34LPA121Q/CC – Llangefni Secondary School, Llangefni

 

6.2 – 41C8C – Garnedd Ddu, Star

 

6.3 – 46C427K/TR/EIA/ECON – Penrhos Coastal Park, Cae Glas and Kingsland, Holyhead

Minutes:

6.1 34LPA121Q/CC – Installation of a biomass wood pellet boiler unit in connection with the new school to be erected on land at Ysgol Gyfun Llangefni, Llangefni

 

The Planning Development Manager said that it was considered that it would be of benefit to the Members to view the site and its context prior to making any determination.

 

It was resolved that a site visit be undertaken in accordance with the Officer’s recommendation for the reason given in the written report.

 

6.2 41C8C – Full application for the change of use of land for the siting of 33 touring caravans, erection of a toilet block, construction of a vehicular access together with landscaping at Garnedd Ddu, Star

 

The Planning Development Manager informed the Committee that the previous Local Member called in the application for determination by the Planning and Orders Committee. It is the Officer’s view that Members would benefit from viewing the site and its context prior to making any determination.

 

It was resolved that a site visit be undertaken in accordance with the Officer’s recommendation for the reason given in the written report.

 

6.3 An outline planning application, with all matters reserved except for means of access proposing: A leisure village at Penrhos Coastal Park, London Road, Holyhead comprising up to 500 new leisure units including new lodges, cottages and conversion of the existing Estate buildings; central new hub building comprising reception, leisure facilities including indoor water park, ten pin bowling and indoor sports hall and cafes, bars, restaurants and retail; refurbishment and extension of estate buildings to provide central farmer’s Market, indoor children’s play area, cycle and sports hire centre, Spa with gymnasium and changing facilities, the Boathouse ruins for new café and watersports centre, and the Bathing house to become a new beachside restaurant; providing and maintaining 29 hectares of publicly accessible areas with public car parking and enhancements to the Coastal Path, including managed walkways within 15 hectares of woodland, the retention and enhancement of Grace’s pond, Lily pond, Scout’s pond with viewing platforms, the Pet Cemetery, War Memorial, the Pump House and picnic area with bird feeding stations and hides with educational and bilingual interpretation boards created throughout; creation of a new woodland sculpture trail and boardwalks and enhanced connection  to the Coastal Path; retention of public access to the beach and shallow coastal waters and a Combined Heat and Power centre. The erection of leisure village accommodation and facilities which could be used initially as a temporary construction workers accommodation complex for Wylfa B at land at Cae Glas, Parc Cybi, Holyhead comprising: up to 315 lodges to be initially sub-divided to accommodate up to 2,000 construction workers; central hub building providing reception and canteen ancillary to accommodation; a Park and Ride facility comprising up to 700 car parking spaces; a new hotel; a lakeside hub comprising restaurant, café, retails and bar; new grass football pitch and cricket pitch; and a Combined Heat and Power Centre. To be subsequently converted (post Wylfa  ...  view the full minutes text for item 6.

7.

Applications Arising pdf icon PDF 1 MB

7.1 – 19C313A – Pentrefelin and Waenfawr Estate, Holyhead

 

7.2 – 20C289 – Foreshore adjacent to the Harbour, Cemaes

 

7.3 – 42C61G – The Caravan, Ty’r Ardd, Pentraeth

Minutes:

7.1 19C313A – Outline application for the erection of 22 dwellings together with the construction of a new access on land between Pentrefelin and Waenfawr Estate, Holyhead

 

Councillor John Griffith having declared an interest in this application withdrew from the meeting during the discussion and voting thereon.

 

The Planning Development Manager informed the Committee that the application above dates back to the former Planning and Orders Committee in situ prior to the May local government election. Consideration of the application was deferred at the Committee’s previous meeting on 24th April as it was considered that determination of the application prior to the election could be potentially contentious locally. The Officer explained that the difficulty arising at this meeting is that there is not a quorum of members from the former pre May Planning and Orders Committee serving on the current Committee to allow a decision to be made. The Officer’s recommendation previously had been that the former Committee undertake a site visit and that therefore is the recommendation to the Committee at this meeting – that Members visit the site prior to determining the application.

 

Councillor Kenneth Hughes proposed that the Committee visit the site in line with the Officer’s recommendation and Councillor Lewis Davies seconded the proposal.

 

It was resolved that consideration of the application be deferred to allow a site visit to be undertaken anew.

 

7.2 20C289 – Full application for the installation of a “Time and Tide Bell” with supporting frame at Foreshore, adjacent to the Harbour, Cemaes

 

The application was reported to the Committee for determination as it is on land leased by the Council from the Crown Estates. The application has previously been deferred as letters of objection were received by the Department and as the Environmental Health Section also objected to the application. The points raised in the objections have been discussed and since resolved.

 

The Planning Development Manager said that the bell is a public artefact and he explained its purpose and the manner in which it would work. He explained that consideration of the application was deferred at the previous meeting of the Planning and Orders Committee because there was local opposition to the proposal on the grounds of potential noise nuisance and because the Environmental Health Section’s Officers also had similar concerns at the time. Further investigations have since been carried out by Environmental Health Officers particularly with regard to the noise levels which the bell can potentially generate and, as a means of overcoming the problem they are prepared to give temporary planning consent only. This in practice means that planning permission would be given for a period of one year during which any noise nuisance issues arising can be dealt with by the Environmental Health Officers under relevant Environmental Health legislation and, if it is found that the bell has resulted in noise nuisance the planning consent would not be renewed. This therefore is the Officer’s recommendation.

 

Councillor Kenneth Hughes proposed that the Officer’s recommendation of temporary  ...  view the full minutes text for item 7.

8.

Economic Applications

None to be considered at this meeting.

Minutes:

None were considered at this meeting of the Planning and Orders Committee.

9.

Affordable Housing Applications

None to be considered at this meeting.

Minutes:

None were considered at this meeting of the Planning and Orders Committee.

10.

Departure Applications

None to be considered at this meeting.

Minutes:

None were considered at this meeting of the Planning and Orders Committee.

11.

Development Proposals Submitted by Councillors and Officers pdf icon PDF 444 KB

11.1 – 33C258B/RUR – Cefn Poeth, Penmynydd

Minutes:

11.1  33C258B/RUR – Outline application for the erection of an agricultural dwelling, alterations to the vehicular access together with the installation of a septic tank on land at Cefn Poeth, Penmynydd

 

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

 

The application was reported to the Planning and Orders Committee as the applicant is related to a relevant staff member as set out in the Council’s Constitution. The Monitoring Officer had reviewed the file and had raised no concerns.

 

Mr Rhys Davies speaking in support of the application was invited by the Chair to address the Committee.

 

Mr Davies said that the application was one for an agricultural dwelling to the north of Penmynydd. The site lies close to the curtilage of the farm and is the closest possible site which the applicant could find that is suitable and near to the agricultural buildings which is what planning policies encourage an applicant to do. The reports accompanying the application show that there is a need for an additional farm dwelling and the proposed development is meant as a dwelling for the son of the farmhouse who wishes to carry on farming with his family on this farm. The application does meet all the criteria which is required under national policy in order to obtain permission for an agricultural dwelling. Mr Davies concluded by saying that he would be happy to answer any questions that may arise with regard to the application.

 

There were no questions to Mr Davies from the Committee’s Members.

 

The Planning Development Manager said that both national and local policies permit the erection of dwellings in the countryside if they are required for purposes such as agriculture. Certain criteria have to be met and the Officers are satisfied that those have been fulfilled in this case. Officers are therefore prepared to grant planning consent to the development on condition that it is for agricultural purposes and that a Section 106 agreement is attached to the consent to ensure that the farm is not broken up.

 

Councillor John Griffith proposed that the application be approved and his proposal was seconded by Councillor R.O. Jones.

 

It was resolved to approve the application in accordance with the Officer’s recommendation subject to the conditions listed in the written report and a Section 106 agreement.

 

12.

Remainder of Applications pdf icon PDF 4 MB

12.1 – 11LPA921A/AD/CC – Car Park, Parys Mountain

 

12.2 – 12C266K – ABC Power Marine, Gallows Point, Beaumaris

 

12.3 – 19C484K – Trinity Marine, Porth y Felin, Holyhead

 

12.4 – 20LPA971/CC – Bonc y Môr, Cemaes

 

12.5 – 20LPA971A/AD/CC – Cemaes Greenery, Cemaes

 

12.6 – 20LPA971B/AD/CC – Bonc y Môr, Cemaes

 

12.7 – 20LPA973/AD/CC – National Trust Car Park, Llanbadrig

 

12.8 – 20LPA973/CC – Towyn Llanbadrig, Llanbadrig

 

12.9 – 31LPA977/AD/CC – Marquis’ Column Car Park, Llanfairpwll

 

12.10 – 35LPA976/AD/CC – Trwyn y Penryn, Penmon

 

12.11 – 39C381D – Menai Bridge Cricket Club, Menai Bridge

 

12.12 – 40LPA899B/AD/CC – Traeth Lligwy, Moelfre

 

12.13 – 43LPA974/AD/CC – The Coastguard Lookout, Rhoscolyn

 

12.14 – 46C520 – Gadlys, Ffordd Penrallt, Trearddur

Minutes:

12.1 11LPA921A/AD/CC – Application for the siting of an interpretation panel at the Car Park, Parys Mountain

 

The application is reported to the Planning and Orders Committee as it is made by the Local Authority.

 

The Planning Development Manager explained that the application above is the first of several under section 12 of the agenda for this meeting for interpretation panels. These have been brought to the Committee as the Council is the applicant. The purpose of such panels is to display details of local attractions within their locality and also to provide information about the geology of the area in which they are proposed to be placed. Anglesey’s geology is recognised as being significant world-wide and the island is known as Geo Môn Park. These developments therefore contribute towards promoting this aspect, the intention being to create experiences that are both educational and interesting to walkers. Each panel will carry information about the local area along with details of the area’s geology. With such developments the two principal planning factors which need to be considered are the effects on amenities and highway safety. Officers have assessed these factors for each of the applications and are satisfied that no problems will arise as a result. The recommendation is therefore one of approval.

 

Councillor Ken Hughes proposed that the application be approved and his proposal was seconded by Councillor Vaughan Hughes.

 

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

 

12.2  12C266K – Retrospective planning application for alterations to the roof design and general amendments to Units 2 to 5 A.B.C. Power Marine, Gallows Point, Porth Lafan, Beaumaris

 

The application is reported to the Planning and Orders Committee because the Isle of Anglesey Council is the land owner.

 

The Planning Development Manager explained the context to the application with reference to planning consent 12C266C which was granted to re-develop the site in its entirety involving the demolition of the existing boat sheds and the erection of new boat sheds, and extensions to the petrol filling shop. What has occurred in this case is that the roofs of Units 2 to 5 forming part of the development have been constructed to a different design, height and materials to that approved under planning consent 12C266C. They are of lower height and different colour to that originally approved but are deemed acceptable by the Officers in terms of according with the relevant planning policies and an improvement on that approved in the first place. The recommendation  therefore  is one of approval.

 

Councillor Ken Hughes proposed that the application be approved and he was seconded by Councillor Vaughan Hughes.

 

It was resolved to approve the application in accordance with the Officer’s recommendation subject to a deed of variation of the legal agreement completed in connection with planning application 12C266C and the condition set out in the written report.

 

12.3 19C484K – Application for the deletion of conditions (15), (16).(17), (18),  ...  view the full minutes text for item 12.

13.

Other Matters pdf icon PDF 826 KB

13.1 – 38C185C – Maes Mawr, Llanfechell

13.2 – 38C236A – Tyddyn Paul, Llanfechell

Minutes:

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

 

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.

14.

Planning & Orders Committee Dates of Meetings 2013/14 pdf icon PDF 183 KB

To submit for information, the dates of the Planning and Orders Committee’s meetings for 2013/14.

Minutes:

The dates of the Planning and Orders Committee’s meetings for 2013/14 were presented for information.

 

Members sought an explanation for why the Committee’s start time had been changed from 1 to 2:00 p.m.

 

The Legal Services Manager explained that since the volume of business on the Committee’s agenda has reduced in recent months it was deemed appropriate to bring the Planning and Orders Committee’s start time into line  with that of the Council’s other principal committees i.e. a 2:00 p.m. start time.

 

Councillor Kenneth Hughes proposed that the Planning and Orders Committee’s start time revert to 1:00 p.m. and his proposal was seconded by Councillor Lewis Davies.

 

It was resolved –

 

·       To note the dates of the Planning and orders Committee’s meetings for 2013/14.

·       To reinstate the 1:00 p.m. start time for meetings of the Planning and Orders Committee.