Agenda item

7.1    – FPL/2021/370 – Chwarelau, Brynsiencyn

     FPL/2021/370

 

7.2    – HHP/2021/303 – Pant y Bwlch, Llanddona

     HHP/2021/303

 

7.3    – FPL/2021/61 – Tyddyn Dai, Pentrefelin, Amlwch

        FPL/2021/61

 

7.1  FPL/2021/370 – Full application for amendments to planning permission FPL/2019/212 for the conversion of the outbuilding into holiday let accommodation at Chwarelau, Brynsiencyn

(Having declared a personal and prejudicial interest in the application, Councillor Dafydd Roberts withdrew from the meeting during discussion and voting thereon).

 

The application was presented to the Planning and Orders Committee at the request of former local members due to highway concerns.  At the meeting held on 6 April, 2022 the Committee resolved that a virtual site visit be undertaken to application site.  The virtual site visit subsequently took place on 15 June, 2022. 

 

Public Speakers

 

Dr Sion Morris Williams, objecting to the application, said that he was representing his family, friends and the public who use this road often to Ynys Wen from the main road the B4419.   He said that his father is the third generation to farm Ynys Wen since its creation in 1918 after his great grandfather returned from the War and started a tenancy at Ynys Wen through Anglesey Council. In the future, he hopes to be able to take over and be the fourth generation at Ynys Wen. Dr Morris Williams further said that the road from the main road, the B4419, to Ynys Wen now serves 3 properties; Chwarelau Farm, Tŷ Fron Goch and Ynys Wen Farm. In the early 1970s this road was adopted by Anglesey Council following an agreement with the former owner of Chwarelau Farm, Mr John Jones. The road was in a poor condition at the time and served two Council farms which were Ynys Wen and Fron Goch as well as the first Farm (Private farm) that we first come to on the road, which is Chwarelau. The whole road was laid with tarmac by the Council and has been maintained since then which is over fifty years.   He noted that as a family they object to this planning application based on safety. There are 3 parts of the planning application which cause us concern and which relate to public and highway safety (the road to Ynys Wen from the B4419). Vehicles, heavy agricultural machinery, delivery vehicles and walkers use this road on a daily basis. The passing bay has now been created and is located in the wrong place, very dangerous and on a sharp corner which is not the same material as the road. He refer to the location plan of the planning application FPL/2019/212, the passing bay was located in a safe and suitable place and was in line with condition number 6 which allowed the application to be approved ‘In line with highway safety’. It was located on a straight section of the road between the B4419 and Chwarelau, with clear visibility for a vehicle to be able to pull in safely if traffic was coming from the other direction. He was not aware of another passing place on such a dangerous corner as this, but he was aware of a number of passing bays on straight sections of road, that have visibility in order to maintain safety. Unfortunately, the passing bay that has been created does not assist the safety of this highway.  He further referred back to the planning application FPL/2019/212. The parking area on that location plan was in an appropriate place and located in a safe area behind the holiday accommodation and conformed with condition number 7 of the permission “so that vehicles can pull away and turn clearly away from the highway in order to reduce danger and inconvenience to nearby highway users”. The proposed parking area on the location plan for the new application does not conform with the said condition. It is on the edge of the nearby highway, visibility is poor and there is high risk to the safety of the public.    Ynys Wen is a farm that is constantly working – 24 hours a day. For safety, it is essential that the road is clear at all times for the following reasons:  

 

-          The need to take an animal to the vet urgently

-          Going to hospital, visiting the GP or dentist in an emergency or when needing to attend a specific appointment.

-          I myself am on call as a specialist doctor at hospital and spend a lot of time at Ynys Wen – I can be called at any time to treat a patient in an emergency.

 

The applicant has an opening in front of their house, a wide curtilage in front of the building that is to be transformed into a Holiday Let, and enough land either side of the road that is more than suitable for the purpose rather than having to use traffic management to effect road users in this way.

 

The Legal Services Manager read out a statement by Mr Gerwyn Jones who had previously registered to speak at the meeting but was unable to attend.

 

The statement by Mr Jones was as follows:-

 

The purpose of this planning application is to agree and approve minor changes to what has already been approved under application number FPL/2019/212 , to convert an outbuilding at Chwarleau, Brynsiencyn into holiday accommodation.

 

The minor changes to this application include fitting two French doors instead of windows, changes to the small extension and to move the location of the parking spaces.   As well as this, we are looking for approval on the location of the passing area which was built before agreeing on its location with the highways department as was noted under condition 6 of the original application FPL/2019/212. As the planning officer has noted in the report, they have no concerns regarding the changes to the building and the highways department have also confirmed that they have no concerns with re-locating the parking spaces nor to the location of the passing area as it has been built. Therefore, the Officer proposes that this application should be permitted and we are asking you to agree.

 

A few objections to the application have been noted: Specifically the location of the passing area, but as I have referred to already, the highways department have no concerns with its location. Objection has also been raised in relation to the status of the road – if it is a private or adopted road, as noted by the Officer, this is not a planning issue and this should not influence the application.  To finish, we remind you that permission to convert the outbuildings to holiday accommodation has already been approved back in 2019 so, considering the recommendations of the Planning Officer and the Highways Department, we ask you to approve this application before you today as recommended by the Officer and based on planning issues only.

 

The Planning Development Manager reported on the main planning consideration as noted within the report and referred to the amendments to the application as regards to passing place, parking arrangements and amendments to the building. The Planning Development Manager referred to the passing place and noted that Condition (06) of the previous permission required the applicant to provide details of the construction and location of a passing place prior to the commencement of work on site.  The passing place was completed without discharging the condition.  The passing place has been completed in a different location than was shown on the approved drawings.  However, the Highways Department have confirmed that they are satisfied with the construction and location of the passing place that has been constructed.  He further referred that the parking arrangements has been amended where cars will park in front of the outbuilding instead of within the curtilage of the property Chwarelau.  The Highways Authority has confirmed that they are satisfied with the new parking arrangements.   The Planning Development Manager further referred to the amendments to the building as can be seen within the written report and he noted that it is considered that the amendments are acceptable and would not have a negative impact upon adjacent residential properties.  He further referred to the objections in respect of the application and said that the Highways Authority has confirmed that they are satisfied with the passing bay that has been constructed and the new parking arrangements and therefore the Planning Authority accepts this professional advice.  The recommendation is of approval of the application.

 

Councillor John I Jones, a Local Member said that the car park for this development in the original application was behind the holiday accommodation which was convenient for vehicles to be able to manoeuver on the site and to leave the site on the single track road. The original car space is within the property’s boundary.  Councillor Jones referred to the Planning Policies as regards to this application and questioned as to why planning policy TWR 2 had not been considered as regards to the quality of the parking provision on site.  He considered that the amended application before the Committee is unsuitable for a narrow, single track road with agricultural vehicles using this road.  Within the original application were a safe turning point was acceptable for road safety in this area.    The Planning Management Manager responded that the Planning Authority is depended on comments from the Highways Authority as to highway and parking safety and as noted within the written report to the Committee the Highways Authority is satisfied with the amended application for this application. 

 

Councillor John I Jones referred to the location of the passing place that has been created contrary to the original application which is around 50 metres from the original location.  The passing place is on a blind bend in the road with large vehicles unable to view what is coming towards them on the road.  Condition (06) on the original application required the applicant to provide details of the construction and location of a passing place prior to the commencement of work on site.  TAN 18 refers to the required visibility required and he noted that the location of the passing place on the original application was located on a safer location on the road.  The Development Management Engineer (Highways) responded that discussions have been undertaken with the Traffic and Parking Officers as regards to this application with regards to passing place and parking provision on site and the conclusion was that there is a lack of sufficient evidence to objected to the application and the location of the passing place.

 

Councillor K Taylor referred that the applicant has ignored the requirement of locating the passing place in the original location and is contrary to Condition (06).  The Planning Development Manager responded that the application is a retrospective application before the Committee as regards to the location of the passing place. 

 

Councillor Robin Williams said that retrospective application are acceptable within planning law but it is frustrating when such application are before the Planning and Orders Committee.  He proposed that the application be approved in accordance with the Officer’s recommendation.  Councillor T Ll Hughes MBE seconded the proposal of approval.

 

Councillor John I Jones proposed that the application be refused contrary to the Officer’s recommendation.  Councillor Ken Taylor seconded the proposal of refusal.

 

Following the vote of 6 for refusing the application and 4 for approval :-

 

It was RESOLVED to refuse the application contrary to the Officer’s recommendation due to concerns as regards to the location of the passing place and parking on site.

 

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

 

7.2  HHP/2021/303 – Full application for the demolition of existing garden room together with the erection of a home office/gym in lieu at Pant y Bwlch, Llanddona

 

The application was presented to the Planning and Orders Committee of a Local Member on behalf of the Llanddona Community Council.  At the meeting held on 6 April, 2022 the Committee resolved that a virtual site visit be undertaken to application site.  The virtual site visit subsequently took place on 15 June, 2022. 

 

Councillor Margaret M Roberts, a Local Member said that this application site is within a sensitive area and is seven time the size of the current existing garden room.  She noted that the proposal will change the appearance and character of the coastline and will become a dwelling with numerous glass windows which will result in light pollution in a dark skies area.  Councillor Roberts said that approving the application would set a precedent for further applications and she asked the Committee to consider the implications of approving such an application.

 

Public Speaker

 

Ms Elenor Carpenter from Cadnant Planning, in support of the application said that the existing building is currently used as a garden room and the new building will be used for similar purposes by the applicant who owns and lives at Pant y Bwlch.  The garden and curtilage of Pant y Bwlch is approximately 10 acres and the site is located within the Area of Natural Outstanding Beauty.

 

Considering the site’s sensitive location within the landscape, detailed consideration has been given to the proposed design and materials to ensure that the proposal will not be detrimental in terms on landscape and visual effect. The existing timber building is dated and has seen better days and so the proposal is for the erection of a new building in lieu.  It is accepted that the proposed building is larger than the existing building but this is in order to meet the applicant’s needs to provide two offices and a fitness room. However, the proposed building will not include the decking that is currently attached to the existing room. The proposed materials reflect the rural location of the site with timber cladding and timber doors and windows, along with zinc roof.  Windows will cover the front elevation facing Red Wharf Bay and in order to reduce light transmission the applicant is happy to accept condition number 3 proposed by the officers.  The building will be located 2.5km from Red Wharf Bay.  The building, along with the dwelling of Pant y Bwlch, is located within Pentraeth Forest where there are buildings scattered along the bank facing Red Wharf Bay and Llanddona Beach.  The site is surrounded by the high mature trees and shrubs of Pentraeth Forest. The Council’s Landscape Consultant and officers do not have any objections on be basis of visual impact.   

 

There is a footpath that runs through the garden of Pant y Bwlch and discussions have been held with the Rights of Way Officer and a revision has been made to ensure that the unit does not cut across the footpath as noted in the Council documents.  There is no longer any objection in terms of effect on public footpaths.

 

The Planning Management Manager reported that the main planning consideration is the design and scale of the proposal at its location is within the AONB of the rural coastal area of Llanddona/Pentraeth Forest.  Concerns have been raised with regards to the design of the proposal and whether the alterations are considered an overdevelopment of the site as proposed garden room is larger than the existing garden room on site.  The proposal is considered an improvement on the existing garden room/she which is in a current state of disrepair with high quality durable materials chosen for the new proposed garden room.  The modern design and material choices of the proposal are considered acceptable as it is in keeping with the character of the other new modern high quality developments within the locality.  The location of the proposal is at an important natural dark skies coastal area of Anglesey.  Condition (03) is to be implemented to ensure the current appropriate glazing is to be put in place to protect the dark skies and avoid light pollution and to avoid a detrimental visual impact to the surrounding area.  Condition (04) is also to be implemented to ensure that the use of the garden room is ancillary to the main dwelling only.  It is considered that the proposed design compliments and enhances the character of the existing property in line with Policy PCYFF3 and AMG1 of the Joint Local Development Plan. 

 

Councillor R Ll Jones said that he had concerns as to the proposed development due to the location of the site within a dark skies area and such areas needs to be protected.

 

Councillor Robin Williams proposed that the application be approved and Councillor Dafydd Roberts seconded the proposal. 

 

Councillor R Ll Jones proposed that the application be refused.  There was no seconder to the proposal of refusal.

 

It was RESOLVED to approve the application in accordance with the Officer’s recommendation subject to the conditions contained within the written report.

 

7.3  FPL/2021/61 – Full application for the conversion of an outbuilding into 2 holiday units, conversion of a detached double garage into an annexe together with associated development at Tyddyn Dai, Pentrefelin, Amlwch

 

The application was presented to the Planning and Orders Committee at the request of a Local Member.  At the meeting held on 6^th April, 2022 the Committee resolved virtual site visit be undertaken to application site.  The virtual site visit subsequently took place on 15 June, 2022. 

 

Councillor Aled M Jones, a Local Member, said that he hoped that it was evident on the site visit that the roads leading to this site is narrow; the roads in the area are also very narrow.  He noted that local concerns have been expressed that due to the number of proposed development on the site it will generate an increase in the traffic travelling on these roads.  Councillor Jones wished to highlight that there are two entrances to this site.  He considered that this proposed application is an overdevelopment of the site and is not sustainable as it is a distance from the nearest bus stop and local amenities. 

 

The Planning Development Manager reported the application is for the conversion of an existing outbuilding into 2 holiday units, together with the conversion of an existing double garage into an annexe.  Other associated development comprises improvements to the access to achieve required visibility splays and the provision of a passing place.  He said that Planning Policy TWR2 is relevant in respect of this development as it refers to holiday accommodation and proposals will be permitted provided that they are of high quality in terms of design, layout and appearance and conform with the relevant policy criteria.  Criterion ii, requires that the proposed development is appropriate in scale considering the site, location and/or settlement.  It is considered that this proposed development conforms with Criterion ii.   Criterion iv notes that the proposal is not sited within a primarily residential area or does not significantly harm the residential character of an area.  The area in the immediate vicinity of the site is primarily residential, however, there is a secondary school and leisure centre a short distance away, it is not therefore considered that the proposal would significantly harm the residential character of the area in accordance with criterion iv. A business plan has been submitted with the application to assess the scheme’s viability.  It is considered that the business plan provides sufficient detail to satisfy the requirements of criterion v of the policy.  Furthermore, Section 4.6 of Supplementary Planning Guidance Tourism Accommodation and Facilities aims to define the issue of over-concentration with paragraph 4.6.1 stating that a high number of holiday accommodation or a concentration of holiday accommodation in a specific area can have a detrimental impact on the social fabric of communities. However, Paragraph 4.6.5 states that when assessing whether or not there is an over-provision of holiday accommodation, the following should be considered – Quality of holiday accommodation – Favourable consideration will not be given to applications for self-serviced holiday accommodation when the existing combination of holiday accommodation and second homes within the Community/Town/City Council area is higher than 15%.  In most recent council tax data shows tha the population of second homes and self-catering holiday accommodation in the Amlwch area is 8.64%. The proposal is therefore considered to accord with the provisions of criterion v policy TWR2 of the Joint Local Development Plan.

 

The Planning Development Manager further reported that a structural report has been submitted with the application and the Local Planning Authority are satisfied that the structural report demonstrates that the existing building is structurally sound and capable of conversion without extensive re-building in accordance with paragraph 3.2 of TAN 23 and the guidance contained in the SPG.  He further said that the Highways Authority has been consulted on the proposal which includes improvements to the existing access and the provision of a new passing place.  The Highways Authority have concluded that given the scale of the development, 2 x 1 bed holiday unit and an annexe, it is considered that the proposal is not likely to give rise to a significant increase in traffic in the locality. They have further noted that there is no through road passing the site, consequently traffic is not heavy and primarily local. They are also satisfied that adequate visibility can be achieved from the access through the proposed access improvements which involve the reduction in the height of the boundary walls to improve visibility and also the proposed passing place which is being offered. 

 

Councillor R Ll Jones said that he considered that the road leading to the site will cause problems as the road is narrow and the approval of the application will cause further traffic issues in the area.  The Planning Development Manager responded that the Highways Authority has visited the site and have not raised objections as it is unlikely that there will be significant increase in traffic in the area.  The applicant has afforded a passing place which will be a gain in this respect. 

 

Councillor Aled M Jones, Local Member said there is a suggestion that the height of the high boundary walls are to be reduced, he wished to raise that there are a number of dwellings in close proximity to the site and there will be the creation of 4 houses on the site if the application was to be approved and it can create a mini housing estate.  He questioned if the land for the proposed passing place was in the ownership of the applicant.  The Planning Development Manager wished to clarify that the proposal is for 2 annexes on site He referred that the passing place is further down the road from the site towards Pentrefelin and this would be a matter for the applicant and the landowner to discuss.  The required Certificates have been submitted with the application from the planning perspective.

 

Councillor Liz Wood and a Local Member said there are parking issues in Pentrefelin and when school buses need to access the road to Pentrefelin.

 

Councillor T Ll Hughes MBE proposed that the application be approved and Councillor Robin Williams seconded the proposal of approval.

 

Councillor R Ll Jones proposed that the application be refused and Councillor Liz Wood seconded the proposal of refusal.

 

Following the vote of 9 for the approval of the application and 2 for the refusal of the application:-

 

It was RESOLVED to approve the application in accordance with the Officer’s recommendation subject to the conditions contained within the written report.