Agenda item

11.1  FPL/2022/93 – Cysgod y Plas, Llanddeusant

FPL/2022/93

11.2  FPL/2022/151 – Rhyd Goch, Llanfaethlu

FPL/2022/151

11.3  HHP/2022/172 – Bryn Parys, Amlwch

HHP/2022/172

11.1 FPL/2022/93 – Full application for the erection of a new dwelling which is now partially retrospective (single storey side extension and front porch), detached garage, new vehicular access and extension to cemetery at Cysgod y Plas, Llanddeusant

The application was reported to the Planning and Orders Committee as the proposal is contrary to policies of the Joint Local Development Plan which the Local Planning Authority is minded to approve. The applicant is also related to a “relevant officer” as defined within paragraph 4.6.10.2 of the Council’s Constitution. The application has been scrutinised by the Monitoring Officer as required under paragraph 4.6.10.4 of the Constitution.

The Development Management Manager reported that the application is for the erection of a new residential property to the north-east of Llanddeusant. The development for which the application is made is at an advanced stage of construction. He referred to the planning history of the site specifically previous permissions which were of particular relevance which included outline planning permission 47C153 for the erection of a dwelling with full details of the vehicular access together with the extension of the existing cemetery in April, 2017. This  was followed by application RM/2020/1 for the remaining reserved matters submitted and approved in March, 2020. Application VAR/2020/48 to vary condition (1) of RM/2020/1 was submitted and approved later in 2020; this amended the siting of the proposed development to the east of the previously approved location. In November, 2020 application FPL/2020/225 was submitted for the erection of a dwelling and garage together with the construction of a vehicular access on land at Cysgod y Plas, Llanddeusant. As no further information to validate the application was provided by the applicant, an enforcement inquiry was opened and investigations showed that works had commenced on site. Following an independent survey of the site it was found that the development had been built within the application boundary of the extant permission and that the siting of the dwelling was in accordance with the details approved under permission VAR/2020/48.  Although the development proposed and in construction included a side extension, front porch, garage and access it otherwise accords with the originally approved plans. Consequently it is considered that the previous permissions have been implemented and constitute a valid fall-back position.

However, in the time since the original approval, policies have changed with the adoption of the Joint Local Development Plan (JLDP). As the proposal is located outside of the development boundary as identified within the JLDP and does not meet with the Plan’s policies, it has to be considered against the fall-back position, namely whether there is a likelihood of the existing permission being implemented and whether the changes/additions to the permission are an improvement to the scheme previously approved. The Officer confirmed that the relevant permissions referred to previously have been implemented with the dwelling at an advanced stage of construction. Further, the proposed changes/additions in the form of a front porch, side extension, detached garage and amended access are considered acceptable and an improvement on the scheme previously approved. These changes are not considered to impact on the character and appearance of the area or on the amenities of neighbouring properties. It is therefore recommended that the application be approved.

Councillor Ken Taylor proposed, seconded by Councillor Liz Wood, 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.

11.2 FPL/2022/151 – Full application for change of use of agricultural land to form part of the residential curtilage at Rhyd Goch, Llanfaethlu

The application was reported to the Planning and Orders Committee as the applicant is related to a “relevant officer” as defined within paragraph 4.6.10.2 of the Council’s Constitution. The application has been scrutinised by the Monitoring Officer as required under paragraph 4.6.10.4 of the Constitution.

The Development Management Manager reported that that the applicant states that the application site has historically been used as part of the residential curtilage of the property and that an intended application for a Certificate of Lawfulness for the use of the land as a residential curtilage was only prevented by a recent agricultural use of the land. The applicant has also confirmed that his elderly mother currently resides at Rhyd Goch and that the reason for extending the curtilage is to allow a static caravan to be placed on the land. The static caravan will be used incidental to the dwelling and will be occupied by the applicant’s son in order to be on hand to assist with the care of his grandmother. The use of the curtilage and static caravan incidental to the main dwelling will be conditioned to ensure that no curtilage or residential unit are created that are separate to the use of the curtilage and static caravan as incidental to the current use of Rhyd Goch. Although the proposal does not include the siting of a static caravan, the siting of a static caravan incidental to the use of the residential dwelling is allowed under permitted development rights. However, to ensure that no other developments are carried out on the site a condition will be imposed on consent removing any permitted development rights with regard to any building or enclosure. Due to its location, it is not considered the proposal will have any detrimental impact on the amenities of the adjoining property or the surrounding locality making it compliant with Policy PCYFF 2.

The original scheme submitted as part of the current application was for the change of use of the whole field to form a part of the extended residential curtilage of the property. As this was considered unacceptable due to the scale of the extended curtilage the scheme was reduced by 50% and now involves only half of the neighbouring field. The occupiers of neighbouring properties have been re-consulted on the amended scheme with the closing date for the receipt of representations being 8 September, 2022. The Officer’s recommendation is that the application be approved.

Councillor Geraint Bebb proposed, seconded by Councillor Liz Wood 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 and to delegate authority to the Officers to issue the decision notice following the completion of the consultation period on 8 September, 2022.

11.3 HHP/2022/172 – Full application for demolishing a garage to erect a new garage in its place at Bryn Parys, Amlwch

The application was reported to the Planning and Orders Committee as it is made by an Elected Member. The application has been scrutinised by the Monitoring Officer as required under paragraph 4.6.10.4 of the Council’s Constitution.

The Development Management Manager reported that the proposal is considered an improvement on the existing garden garage which is currently in a state of disrepair with high quality durable materials chosen for the new garage. As the nearest property is at 120m distance, it is not considered the proposed development will have any adverse impact on the amenity of the neighbourhood; neither is the proposal considered to be an overdevelopment of the site representing only a slight increase in footprint to that of the existing garage. Given the context of other buildings and existing uses as well as the scale of the proposed garage it is not thought that it will affect the special landscape area of Mynydd Parys; its design and setting are also considered appropriate for the site. The recommendation is therefore one of approval.

In response to a question by the Committee, the Officer confirmed that the public footpath which crosses the curtilage of the property will not be adversely affected by the erection of the new garage.

Councillor Jackie Lewis proposed, seconded by Councillor Robert Ll. 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.