Agenda item

7.1 FPL/2019/338 – Cerrig, Penmon

https://ioacc.force.com/s/papplication/a1G4H00000IxyHqUAJ/fpl2019338?language=en_GB

7.2 FPL/2020/165 – Outbuilding 1, Lleiniog, Penmon

https://ioacc.force.com/s/papplication/a1G4H00000MiUpaUAF/fpl2020165?language=en_GB

7.3  VAR/2021/27 – Christ Church, Rhosybol

https://ioacc.force.com/s/papplication/a1G4H00000I28EkUAJ/var202127?language=en_GB

7.1 FPL/2019/338 – Full application for the part removal of the existing concrete sea defence and the erection of a replacement sea defence wall in its place on the boundary of Cerrig, Penmon

The application was reported to the Planning and Orders Committee at the request of the Local Members. At the Committee’s 7 July, 2021 meeting it was resolved that a site visit was required. A virtual site visit was subsequently carried out on 21 July, 2021.

The Chief Planning Officer reported that during the virtual site visit it was confirmed by the Planning Case Officer that amended plans had been received in connection with the application. It is therefore recommended that determination of the application be deferred to allow the amended plans to be considered and further consultation to take place.

It was resolved to defer determination of the application in accordance with the Officer’s recommendation for the reason given.

7.2 FPL/2020/165 – Full application for the conversion of outbuilding into holiday let together with the felling of 3 trees protected by a tree preservation order and replacement planting in lieu at Outbuilding 1, Lleiniog, Penmon

The application was reported to the Planning and Orders Committee at the request of a Local Member. Determination of the application was deferred at the Planning and Order’s 7 July, 2021 meeting pending the receipt of amended plans to demonstrate the compensatory planning required consequent on the proposed removal of 3 trees which are currently protected by a tree preservation order. The amended plans were received on 7 July, 2021 following which amended consultations and neighbourhood notifications were issued with the latest date for representations to be made being 29 July, 2021.

Public Speaker

Mr Rhys Davies, Cadnant Planning spoke in support of the application highlighting that Listed Building Consent for the conversion of the outbuilding into a holiday unit has already been granted and that the Officer’s report confirms that the principle of the conversion of outbuildings into holiday accommodation is established under policy TWR2 of the Joint Local Development Plan (JLDP). The proposal complies with the criteria presented under Policy TWR 2 in that it makes use of a suitable previously developed site; it is appropriate in scale and does not significantly harm the residential character of the area. The proposal is also in a sustainable location being within walking distance of a bus stop and the village of Llangoed via foot or bicycle. The access from off the highway leading to Penmon is considered acceptable with minor improvements as are the plans from a heritage perspective. Questions have arisen regarding what might be the economic benefits to the locality from such a development especially as the developer is not local. The applicant has confirmed in a response to the Head of Service that Amos Leisure has to date invested £4m across three sites in Anglesey and that it directly employs four local members of staff Additionally the company employs eight local sub-contractors on a full time basis and deploys a further thirteen local contractors to undertake various aspects of building work. Materials are also sourced locally. While the proposal’s contribution to tourism is noted in the report, the wider economic benefits which the proposal will generate locally are even greater. Approving the application will ensure jobs and an additional contract for local businesses. It is hoped that after a meeting on site the Community Council and Local Members are clear about what elements of the work have been going on and that there are no enforcement issues. The work on site is being completed to a very high standard.

Councillor Alun Roberts a Local Member, spoke to confirm that following a concerted effort by all involved to address the local concerns regarding the proposed development he was pleased to able to say that those concerns had now been allayed including the matter of the access which had been a particular source of concern to him. Through extensive dialogue and co-operation amendments have been made which have resolved what he felt could have been a potential problem and he was therefore no longer opposed to the development. Councillor Gary Pritchard, also a Local Member said that he was in full agreement with Councillor Alun Roberts and that he had appreciated being able to visit the site which had done much to put local worries to rest.

The Planning Built and Natural Environment Manager reported that no representations have hitherto been received with regard to the amended plans in connection with the removal of the protected trees and consequent compensatory planting although the publicity period does not end until the 29 July. Listed building consent for the conversion of the outbuilding into a holiday unit was granted last month under delegated powers. In terms of design the modern nature of the flat roof extension to the rear of the subject building allows for differentiation between the historic and contemporary elements of the building and the re-introduction of a pitched slate roof for the stone shed to the side of the building is a reflection of the historic forms. Additionally all fenestration to the principal elevation of the building will be retained. It is the Officer’s view that the alterations and extension comply with the policy requirements in terms of the criteria for the conversion of outbuildings into holiday units with regard to design and in preserving the character of the listed building within the curtilage of Lleiniog. Neither will the adaptations affect the special character or location of the main listed building of Lleiniog itself; rather the adaptations will ensure the long-term future of the subject building. Referring to the proposed planning conditions, the Officer highlighted that as conditions (05) and (06) are almost identical, it is recommended that condition (06) be deleted and that the two plans listed therein be added to the list of plans in condition (05).

Councillor Robin Williams proposed, seconded by Councillor Trefor Lloyd Hughes, MBE that the application be approved in accordance with the Officer’s recommendation with the deletion of condition (06) as outlined.

It was resolved to delegate approval of the application to Officers at the end of the consultation period in accordance with the recommendation and report subject to the conditions listed therein and the deletion of condition 6 as outlined.

7.3 VAR/2021/27 – Application under Section 73 for the variation of condition (02) (Approved plans) and (03) (Access and parking accommodation) of planning permission reference FPL/2019/322 (Conversion of church into dwelling together with construction of a new vehicular access) so as to amend the parking accommodation to omit the provision of a turntable at Christ Church, Rhosybol, Amlwch

The application was reported to the Planning and Orders Committee having been called in by the Local Member due to highway issues and impact on the landscape surrounding the church. At the Committee’s 2 June, 2021 meeting, members resolved to visit the site. A virtual site visit took place on 16 June, 2021.

The Legal Services Manager read out a statement to the Committee by the applicant, Mr William Morris which set out the applicant’s view that a turn circle is not required in order to be able to turn a vehicle within the property and that this had been demonstrated in a video taken on site by the Planning Case Officer at the request of the Local Member which showed the applicant manoeuvring his vehicle within the property with ease and sufficient space. The manoeuvre has been demonstrated to the satisfaction of the Council’s Highways Service. The applicant goes on to say that he has surveyed the houses in close proximity to the church in Rhosybol at least 10 of which have driveways where turning a vehicle is impossible. He reiterates that turning a vehicle within his own driveway is fine and that a turn circle is not needed to do so. If a turn circle has to be installed on the property as a requirement of the Committee, then it will be the first time the Planning and Orders Committee of Anglesey Council has set this requirement, possibly the first time a Welsh Planning Authority has set such a requirement. Mr Morris points out that the Local Member does not agree that the conversion of the church should ever have been granted planning permission and he refers to the complaint made to the Planning Service by the Local Member which was unsubstantiated with no breach of planning permission having been found to have taken place. It should also be noted that the church building is in the process of being developed into a home for the applicant and his family on which has been spent a considerable amount of money. During the works the feedback from visitors to the graveyard has been nothing but positive. Most have commented that it is great that someone is making the effort to restore the building for future generations which would otherwise have collapsed sooner rather than later. The applicant asks the Committee to grant the planning permission changes.

Councillor Aled Morris Jones, a Local Member said that the original application incorporated a turn circle because it was acknowledged that there was insufficient space within the site in which to turn a vehicle. In the video showing this manoeuvre, the lower body of the applicant’s car (a Vauxhall Astra) is shown to scrape against the boundary stones; he therefore put it to the Committee that this is not a suitable place in which to create a parking area because there is not enough space available within the curtilage of the church in which to turn a vehicle as proved by the video. Also there are gravestones in close proximity to the area in which the turning manoeuvre is proposed to be made.

The Chief Planning Officer reported that determination of the application was deferred at the Committee‘s 7 July, 2021 meeting due to the receipt of an amended plan and because the neighbour notification period had not expired. To allow sufficient time for neighbours to make comments it was agreed that the application be presented to this meeting of the Committee. At the time of the report’s writing 8 letters of objection had been received raising the points documented within the report. The key issue with regard to the application is whether there is a need for the applicant to provide a turn circle as part of the planning application in the interests of highway safety, the principle of the change of use of the church into a residential dwelling having already been established by the extant planning permission. The application is to omit the provision of a turn circle after it became apparent on clearing the overgrowth on the site that there is no need for a turn circle to be able to turn a vehicle within the site. The Highways Authority has confirmed that it is satisfied with the amended access plan. The recommendation is therefore one of approval.

The Senior Engineer (Traffic and Parking) confirmed that the Highways Authority was in receipt of the amended plan which showed what is termed a swept path analysis i.e. the path a vehicle takes when it is not moving in a straight line such as when it has to turn which demonstrated that it is possible to undertake a turning manoeuvre within the site. The Highways Authority is satisfied with the evidence and information provided and that a turn circle is not required.

The video of the applicant manoeuvring the vehicle within the application site was then shown to the Committee.

Councillor Ieuan Williams thought that the evidence showed how difficult it is to make the manoeuvre within the space available as well as how close the turning area is to the nearest gravestones; the video does show the applicant’s vehicle coming into contact with the stones alongside the boundary when turning. He highlighted a further consideration in that the applicant states he is developing the church as a family home which makes it likely that the property will be accommodating more than one vehicle meaning that they will have to reverse onto the highway. It was his view that the site is not a suitable area for parking and that a turn circle should be re-incorporated within the access plan; he proposed that the application be therefore refused contrary to the Officer’s recommendation. The proposal was seconded by Councillor Trefor Lloyd Hughes, MBE.

Councillor John Griffith referred to the video as showing vehicles parked along the pavement next door to the church building thereby posing an obstruction to pedestrians, prams and wheelchair users. He thought that should the application be approved there needed to be a traffic regulation provision to prohibit parking on the pavement. He proposed that the application be approved in accordance with the Officer’s recommendation; in seconding the proposal Councillor Robin Williams said that he found it a difficult matter to determine having initially approved the application with a turn circle and now being asked to approve dispensing with the turn circle.  He referred to there being many instances whereby cars reverse out onto the highway from their properties and therefore on balance he accepted that there is no need for a turn circle.

Councillor Ieuan Williams sought the professional opinion of the Senior Engineer (Traffic and Parking) on reversing onto the busy highway between Amlwch and Llanerchymedd; the Officer confirmed that he would not recommend the manoeuvre.

In the subsequent vote the proposal to refuse the application contrary to the Officer’s recommendation was carried by 4 votes to 2.

It was resolved to refuse the application contrary to the Officer’s recommendation as it was deemed a turn circle is required in the interests of highway safety.

(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 reason given for refusing the application)