Agenda item

11.1 – LUE/2021/19 – Bodlawen, Llanidan, Brynsiencyn

https://ioacc.force.com/s/papplication/a1G4H00000O2tOFUAZ/lue202119?language=en_GB

11.2 – FPL/2021/136 – Wylfa, Bangor Road, Benllech

https://ioacc.force.com/s/papplication/a1G4H00000OKf7JUAT/fpl2021136?language=en_GB

11.3 – FPL/2021/248 – Parciau, Llanddaniel

https://ioacc.force.com/s/papplication/a1G4H00000O3aEMUAZ/fpl2021248?language=en_GB

11.4 – MAH/2021/19 – Parciau, Llanddaniel

https://ioacc.force.com/s/papplication/a1G4H00000O3aOIUAZ/mah202119?language=en_GB

11.1 LUE/2021/19 – Application for a Lawful Development Certificate for the existing use of the dwelling approved under 37C53A/DA in breach of its planning permission and its pre-commencement and other conditions at Bodlawen, Llanidan, Brynsiencyn

The application was reported to the Planning and Orders Committee as the applicants are related to a Local Member.

Having declared a personal and prejudicial interest with regard to the application, Councillor Dafydd Roberts withdrew from the meeting during the discussion and determination thereof.

The Development Management Manager reported that the application is submitted under section 191(1) of the Town and Country Planning Act 1990 (as amended) for a Certificate of Lawfulness of Existing Use and Development (CLEUD).The application seeks to establish the lawfulness of a dwelling in breach of its planning permission and several of its conditions on the reserved matters approval. The key issue is whether or not on the balance of probability the evidence submitted as part of the application is sufficient and that the burden of proof has been discharged. With applications such as this, planning policies are not material to the outcome of the application and so the application should be determined upon the evidence presented. Outline planning permission for the erection of a dwelling was granted in 1989 and reserved matters approval was subsequently granted in 1990 subject to conditions. From assessing the planning history, it does not appear that information was submitted to the Local Planning Authority in an effort to discharge the conditions. It is also considered that the development has not been constructed in accordance with the requirements of the conditions. It is claimed that the development was not constructed in accordance with the approved permission and that conditions 1, 2, 3, 7 and 8 have been breached for in excess of 10 years continuously such that the applicants are entitled to a certificate that the conditions are no longer enforceable. The evidence submitted alleges that work commenced in November, 1990 and that the property was first occupied in October, 2000. The Authority’s Legal Section having been consulted on the application, has come to the conclusion that on the balance of probability, the conditions have been breached for over 20 years. The Town and Country Planning Act 1990 sets time limits within which enforcement action can be taken to the effect that a development is not liable to enforcement action at the end of 4 years from the date the operations were substantially completed and for any other breach of planning control (other than operational development or a change of use of a building or use to a single dwelling house), the time limit is at the end of a period of 10 years from the date of the breach. In conclusion therefore, it appears that on the balance of probabilities, the development was not carried out in compliance with the permission and certain conditions. As the development was substantially completed some 20 years ago, it means that no enforcement action in respect of the conditions could now be taken and that the applicants are entitled to a certificate confirming the lawfulness of the development. The recommendation is therefore to approve the application.

Councillor Eric Jones proposed, seconded by Councillor Nicola Roberts, that the application be approved in accordance with the Officer’s recommendation.

It was resolved to approve the application for a Certificate of Lawfulness of Existing Use and Development in accordance with the Officer’s recommendation and report.

11.2 FPL/2021/136 – Full application for the conversion of the outbuilding into a holiday letting unit together with alterations and extensions thereto at Wylfa, Bangor Road, Benllech

The application was presented to the Planning and Orders Committee as the applicant is related to a “relevant officer” as defined within paragraph 4.6.10 of the Council’s Constitution. The application has been scrutinised by the Council’s Monitoring Officer as required under paragraph 4.6.10.4 of the Constitution.

Having declared a personal and prejudicial interest with regard to the application, Mr Dewi F. Jones, Chief Planning Officer withdrew from the meeting during the discussion and determination thereof.

The Chair informed the Committee that Councillor Margaret M. Roberts, a Local Member had contacted her to request that the Committee in light of local support for the proposal, conduct a site visit to allow members to see the application site within its context for themselves.

Councillor Richard Owain Jones proposed, seconded by Councillor John Griffith, that a virtual site visit be undertaken.

It was resolved that a virtual site visit be undertaken in accordance with the Local Member’s request for the reason given.

11.3 FPL/2021/248 – Full application for the installation of a septic tank with soakaway on land adjacent to Parciau, Llanddaniel

The application was presented to the Planning and Orders Committee because two of the three applicants were previously employed by the Authority, but at the time of the application’s submission, one of the applicants was in post and another had recently left the Authority’s employ. Given these circumstances it was considered prudent to report the application to the Committee for determination. The application has been scrutinised by the Monitoring Officer as required under paragraph 4.6.10.4 of the Council’s Constitution.

The Planning Built and Natural Environment Manager reported that the proposal involves the installation of a septic tank with soakaway and associated pipework on land to the north west of Parciau. The key consideration is whether the works can be adequately accommodated within the application site without adversely impacting on local amenity and the wider environment. With regard to visual impact, although the installation work has the potential for minor visual impacts, given the location and existing natural screening it is unlikely that these would affect neighbouring residents and in any event they would only be short term. No lasting visual impacts will arise as a result of the proposed development. No objections to the proposal have been raised locally or by the statutory consultees and no impacts on local amenity are envisaged. The proposal is considered acceptable in policy terms and the recommendation is therefore to approve the application.

Councillor Kenneth Hughes proposed, seconded by Councillor Richard Owain Jones that the application be approved in accordance with the Officer’s recommendation.

It was resolved to approve the application in accordance with the Officer’s recommendation and report subject to the conditions set out therein.

11.4 MAH/2021/9 – Minor amendments to scheme previously approved under planning permission FPL/2020/73 so as to amend the annex windows and to install solar panels at Parciau, Llanddaniel

The application was presented to the Planning and Orders Committee because two of the three applicants were previously employed by the Authority, but at the time of the application’s submission, one of the applicants was in post and another had recently left the Authority’s employ. Given these circumstances it was considered prudent to report the application to the Committee for determination. The application has been scrutinised by the Monitoring Officer as required under paragraph 4.6.10.4 of the Council’s Constitution.

The Planning Built and Natural Environment Manager reported that the proposal involves amendments to the extension’s fenestration from that previously approved as well as the installation of solar panels to the extension’s roof. The key consideration is whether the works can be adequately accommodated within the application site without adversely impacting upon local amenity and the wider environment. The proposed amendments to the fenestration include the replacement of one of the first floor windows to the north-eastern part of the front elevation of the extension with an enlarged window opening and balconet together with the removal of a first floor window to the south-westerly facing elevation of the extension. The solar panels will be affixed to the roof planes of the extension facing and projecting towards the public highway and will project 35 mm therefrom.  The impacts generated by the amendments to the previously approved scheme are considered negligible in terms of design and visual impact and also as regards their potential impact upon the amenities of neighbouring residents with the nearest dwelling located in excess of 150m from the application site and screened by mature trees and hedgerows. It therefore recommended that the application be approved.

Councillor Eric Jones proposed, seconded by Councillor Dafydd Roberts that the application be approved in accordance with the Officer’s recommendation.

It was resolved to approve the application in accordance with the Officer’s recommendation and report subject to the conditions set out therein.