Agenda item

11.1 – FPL/2020/98 – Cae Prytherch, Llanfairpwll

https://ioacc.force.com/s/papplication/a1G4H00000MgQp8UAF/fpl202098?language=en_GB

11.1      FPL/2020/98 – Retrospective application for the retention of engineering works creating a hard standing surface for agricultural storage use and permitted development use as a carboot site together with the retention of the alterations made to the vehicular access on land at Cae Prytherch, Llanfairpwll

Councillor Eric Jones declared a personal and prejudicial interest in the application and left the meeting during discussion and voting thereon.

Councillor Dafydd Roberts declared a personal interest in the application and left the meeting during discussion and voting thereon.

The Chair sought legal advice as the applicant is an elected member whether the members needed to declare an interest.  The Legal Services Manager responded that it does not constitute an interest under the Code if the applicant is an elected member nor if a member is a member of the same political group or a member for the same electoral ward. 

The application was presented to the Planning and Orders Committee as the applicant is an elected member.  The application has been scrutinised by the Monitoring Officer as required under paragraph 4.6.10.4 of the Constitution.

Public Speaker (applicant’s agent)

Ms Sioned Edwards said that the application before you involves the retention of engineering works to create a hardstanding on the site in order to enable the site to be used for two purposes; namely for agricultural storage and for carboot sales. The application also seeks permission to retain the alterations made to the access. It should be clear that this application does not involve change of use of the land at all - only laying the hardstanding. The proposed site has been used for carboot sales with the sale being popular locally. Previously, the site has been used for a car boot sale for up to 14 days a year under general permitted development rights. As the site tends to be wet, the site needed to be improved to be fit for purpose and so a hardstanding was provided in order to ensure that the site was suitable for the users and visitors, and also to ensure that no mud from the site was carried to the nearby highway. Creating a site that is suitable and safe for all users is extremely important. The Officer's report states that retaining the hardstanding to provide a fit for purpose carboot site is unreasonable. While the site has not been in use for the duration of the pandemic, new temporary permitted development rights to support economic recovery as a result of Coronavirus now permit the site to be used for up to 28 days in a year. This would be the applicant's intention once the Coronavirus guidelines permit. This was a means of diversification for the applicant, enabling him to provide a car boot sale in an accessible and sustainable location on the outskirts of Llanfairpwll, making better use of the site. Since the end of 2019, the applicant has paid  business rates of over £6,000 a year to the Council to use the site with a hardstanding. Concern has been raised that the existing on-site screening is not sufficient to mitigate the visual impact of the hardstanding. However, the applicant has already offered to provide a wider landscaping scheme  and the officer stated during the application that this scheme can be submitted and approved as part of a planning condition. The visual impact can therefore be mitigated and the Council would be able to manage this scheme by imposing a condition on the permission. Reference is made in the report that the hardstanding has a detrimental impact on the character of the landscape as it is in an open countryside location. Whilst the site lies outside the development boundary, it directly adjoins the boundary and the developed part of Llanfairpwll and is in a sustainable location.

Councillor R Meirion Jones, a Local Member expressed that he was presenting the observations of the local residents and the electorate he represents and also as member of the Llanfairpwll Community Council who have objected to this development on the site.  He noted that the electorate is under the impression that an Elected Member is trying to taking advantage of the planning process that they are having to comply to.  The applicant is a member of the Planning and Orders Committee and has received training as regards to planning policies.  Councillor R Meirion Jones further said that the Councils Constitution refers at 2.2.3.1.6 that Elected Members should maintain the highest standards of conduct and ethics.  He further said that since the Summer of 2019 this application received objections and astonishment within the local community as the applicant altered the land at Cae Prydderch which was agricultural land without consultation with the Planning Officer’s nor attaining planning approval.  Enforcement procedures were undertaken by the Local authority to cease works on the site and to restore the land but the applicant appealed the decision in respect of the time given to comply with the notice but he did not contest any other element of the Planning Enforcement Appeal. The time for compliance was within three calendar months following the date the notice took effect with the notice taking effect on 17 February, 2020.   The Planning Inspectorate following receipt of the appeal allowed and extension from the three calendar months to six months and in the meantime a retrospective application was submitted to the Planning Authority. 

Councillor R Meirion Jones referred that a local resident complied a traffic survey recently which resulted in 88 vehicles passing the site within quarter of an hour and a further 95 vehicles passed the site during another period of quarter of an hour.  He noted that if this application was to be approved it would open the floodgates for other owners of land to convert their land to similar activities as this application.  He referred to the retrospective application to widen the access to the site and local residents consider that the visual appearance is similar to an industrial access. Councillor Jones further said that he disagreed with the comments made by the public speaker that the carboot sale convened on the site had been popular.  He asked the Committee to refuse the retrospective application before the Committee.

Councillor K P Hughes proposed that the application site be visited due to local concerns as is noted within the Planning Officer’s report.  The proposal of a site visit was not seconded.

The Development Management Manager reported that this is a retrospective application for the retention of engineering works creating a hard standing surface for agricultural storage use and permitted development use as a carboot site together with the retention of the alterations made to the vehicular access on land at Cae Prytherch, Llanfairpwll.  She referred to the enforcement investigation and site history as noted within the Planning Officer’s report and the Planning Enforcement Notice – Reasons for issuing the notice’   The Enforcement Notice did not include the access to the site as it was deemed to be acceptable. Following the appeals as regarding to the period of compliance of the Enforcement Notice of three months the Planning Inspectorate extended the period to six months which required the land to be reinstated into it former use by December 2020.  In the meantime a retrospective application was submitted to the Planning Authority to retain the works undertaken on the site.  She noted that in accordance with the usual arrangements the Enforcement Section does not enforce the enforcement notice whilst a retrospective application is being determined.

The Development Management Manager further said that under the planning procedures retrospective application are not penalised and the aspect of the application is considered within its merit as is with any other planning applications.  The application site has been used for a car boot sale for up to 14 days a year under general permitted development rights.  The Development Management Manager said that Welsh Government has extended the period of  for carboot sales to be held on land from 14 days to 28 days a year (between 31 April, 2021 and 3 January, 2022) under the Town and Country Planning (General Permitted Development) Order 1995 (as amended)

She noted that planning permission is required to to create a hard surface to facilitate the use of the land and the improvements to the access to the site which is under consideration by this Committee.  There is no objections to the improvement to the access to the site by the Highways Authority as it is considered that it improves accessibility and safety when entering and leaving the site; the access to the site has not been part of the Enforcement Notice.  However, the hard surface is considered to be overdevelopment of the site and does not enhance the character or appearance of the site and the scale of the development covering the whole site in a hard surface is excessive for its intended uses.  The recommendation is to refuse the retention of the engineering works to create a hard surface on the site and to approve the retention of the alterations made to the vehicular access to the site. 

Councillor T Ll Hughes MBE questioned whether there is evidence that the land tends to be wet as has been expressed by the public speaker.  The Development Management Manager responded that the land has been designated as C2 flood zone; a flood assessent report has been submitted as part of the applicaiton which was considered acceptable. Councillor T Ll Hughes MBE further questioned whether a recommenation can be split as the retention of the alterations made to the vehicular access is considered acceptable.  The Development Management Manager stated that the access has been improved as regards to visibility and the appearance is acceptable and it is considered to be an improvement to the use of the access to the site.  The alterations made to the vehicular access are considered reasonable and comply with local and national planning policies.  The hardstanding part of the application is only considered unacceptable.

Councillor Robin Williams a member of the Committee and a Local Member said he accepted that the alterations made to the vehicular access is an improvement in respect of visibility.  However, he said that a substantial industrial gate has been erected on the entrance to the site which does not fit into the landscape and neither into the locality and he did not consider that such an industrial gate was suitable for an agricultural field.  Councillor Robin Williams proposed that both the retention of the alterations made to the vehicular access and the retention of the engineering works to create a hard surface be refused in accordance with planning policies PCYFF 2 and PCYFF 3.

Councillor T Ll Hughes MBE seconded the proposal of refusal of both aspects of the application.

Councillor John Griffith proposed that the retention of the alterations made to the vehicular access to the site be approved and that the retention of the engineering works to create a hard surface be refused as is recommended within the Officer’s written report.  Councillor Glyn Haynes seconded the proposal.

The vote was as follows:-

To refuse both the retention of the alterations made to the vehicular access to the site and the retention of the engineering works to create a hard surface :-

Councillors T Ll Hughes MBE, Vaughan Hughes, Ieuan Williams and Robin Williams       TOTAL 4

To approve the retention of the alterations made to the vehicular access to the site and to refuse the retention of the engineering works to create a hard surface :-

Councillors John Griffith, Glyn Haynes and K P Hughes         TOTAL 3

Abstained from voting :  Councillor Nicola Roberts                  TOTAL 1

It was RESOLVED:-

·   To refuse the retention of the engineering works to create a hard surface on site in accordance with the Officer’s recommendations as outlined in the written report;

·   To refuse the retention of the alterations made to the vehicular access to the site as being contrary to policies PCYFF 2 and 3 contrary to the Officer’s recommendation.

(In accordance with the requirements of the Council’s Constitution, the application was automatically deferred to the next meeting to allow Officers the opportunity to prepare a report in respect of the reasons given for refusing the application).