Agenda item

12.1 FPL/2021/59 – Full application for the erection of 50 residential dwellings, 12 residential apartments, construction of a new vehicular access and road, construction of a foul water pumping station together with soft and hard landscaping on land adjacent to Maes Derwydd Estate, Llangefni

The application was presented to the Planning and Orders Committee at the request of both Local Members due to local concerns.

Councillors Geraint Bebb and Nicola Roberts as Local Members requested that the application site be visited due to a number of local concerns including access, drainage and infrastructure believing that the Committee would gain a better appreciation of those concerns from visiting the site. In doing so Councillor Nicola Roberts stated that she wished to declare that the applicant’s daughter in law had stood against her in the Cefni ward in the local election in May, 2022 and that she had been advised that that did not affect her position.

Councillor Ken Taylor proposed, seconded by Councillor John I. Jones that a site visit be undertaken.

It was resolved to conduct a virtual site visit in accordance with the Local Members’ request for the reasons given.

12.2 FPL/2022/14 – Full application for the demolition of the existing dwelling and garage and the erection of a new dwelling together with alterations to the vehicular access at Green Bank, Bull Bay Road, Amlwch

The application was reported to the Planning and Orders Committee having been called in by a Local Member due to concerns regarding design and over-development of the site.

Councillor Aled M. Jones, a Local Member requested that the application site be visited because of concerns regarding the design of the proposal and its potential impact on nearby buildings.

Councillor Robert Ll. Jones proposed, seconded by Councillor Jackie Lewis that a site visit be undertaken.

It was resolved to conduct a virtual site visit in accordance with the Local Member’s request for the reasons given.

12.3 FPL/2021/201/EIA – Full application for the refurbishment/repair of the breakwater structure together with formation of a temporary concrete batching plant for the fabrication, curing and storage of concrete armour units at Breakwater/Salt Island, Holyhead

The application was reported to the Planning and Orders Committee as the proposal constitutes EIA development.

The Planning, Built and Natural Environment Manager reported that the application involves repairing the Breakwater structure, a designated Grade II* listed building and includes the placement of concrete tetrapods to the full length of the Breakwater’s seaward side and reinforcing the Z-shaped concrete units to prevent displacement; rock replacement to widen the existing rubble mound to the Breakwater roundhead together with the installation of tetrapod and Z-shaped blocks, and restoration of the rubble mound by the attachment of an articulated concrete mattress (ACBM) to sections of the leeward side together with installing a rock revetment where conditions prohibit the placing of the ACBM. The work is necessary to address wave damage over time. The key planning issues relate to the proposal’s both long and short-term and of varying degrees that will affect several aspects of the locality as set out in the report; these include the impact on the historical assets and the historical environment in general; marine and terrestrial ecology; significant visual impacts; potential economic impacts and potential impacts to users of the Coastal Path. One letter of representation has been received objecting to the proximity of the batching plant to local homes and the potential noise, dust and odours that would emanate therefrom.

The consultation response of the Council’s Heritage Advisor confirms that the proposals would initially generate visual impacts both to views of the Grade II* listed Breakwater and Grade II listed lighthouse and to the setting of the nearby listed buildings in addition to views in and out of conservation areas. The visual impacts relating to the Breakwater would diminish over time due to weathering and the predicted displacement of the tetrapods; similarly with regard to the visual impacts of the batching plant which given the temporary nature of the installation, are expected to be short-lived having no lasting adverse effect on setting.

The application site lies adjacent to a Marine SAC and SPA. The Environmental Statement which supports the planning application concludes that although loss of habitat is predicted, this will be temporary in nature and is considered to be of minor adverse significance. This conclusion is supported by Natural Resources Wales in its consultation response which confirms that the proposal is not likely to have lasting significant impact on the special designation sites. However, NRW has raised concerns regarding the potential spread of invasive non-native species and advises the imposition of an appropriate condition to minimise the risk of such a spread. Mitigation measures are also proposed in relation to the adjoining Chwarel Morglawdd local wildlife site.

Landscape and visual impact will occur but will reduce over time; these have to be balanced against the damage and potential demise of the Breakwater structure if no remedial work is undertaken. Noise impact will be negligible requiring no mitigation as is confirmed by the Council’s Public Protection Service. With regard to air quality, the Council’s Public Protection Service advises that if best practice dust minimisation and suppression techniques are utilised. The residual impacts can be classified as not significant from the perspective of construction phase dust and particulate matter and construction phase road traffic and vessel emissions.

The Officer referred to traffic impacts and advised that while the intention is to transport the materials for the tetrapods by sea directly to the port, should it be necessary to use the highway then the delivery of concrete would be undertaken from an existing batching plant at Cae’r Glaw Chwarel in Gwalchmai via the A55 to a designated area within the Port. The Highways Authority have raised no objections but Welsh Government’s Highways Department advise the imposition of a condition requiring the submission and agreement with the Local Planning Authority of a Construction Management Plan prior to the commencement of construction activities should permission be granted.

The Officer concluded by saying that the importance of Holyhead Port is considered vital to the economy of Anglesey and North Wales; consequently, the refurbishment of the Breakwater structure is considered essential in the context of the Port’s viability. The proposed development is considered to offer a long-term sustainable solution to the preservation of the listed structure to a point where it remains effective to serve its intended purpose. Having taken account of all the material considerations as detailed within the report, it is recommended that the application be permitted.

The Committee in acknowledging the necessity of the proposed repair works to the Breakwater both in terms of safeguarding the integrity of the structure and in maintaining the viability of the Port expressed regret that the structure had been allowed to deteriorate to such a degree. Members supported the proposal as essential given the importance of the Port to the economic prosperity of the Island and the wider region. Councillor Robin Williams proposed, seconded by Councillor Jackie Lewis that the application be approved.

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

12.4 S106/2022/4 – Application for the amendments of Section 106 Agreement in relation to affordable housing of planning permission 27C23A on land adjacent to Former Llanfachraeth Primary School, Llanfachraeth

The application was reported to the Planning and Orders Committee having been called in to be determined by the Committee at the request of a Local Member.

The Development Management Manager reported that the application site benefits from an extant permission under reference 27C23A which was made for 7 dwellings. This permission is currently being implemented as detailed in the report. Application 27C23A included a S106 legal agreement which secured the provision of 2 affordable dwellings; this application seeks to reduce the number of affordable dwellings to 1 unit. In terms of the current Development Plan Llanfachraeth is noted as part of the Rural west housing price area, which under the provisions of policy TAI 15 notes that an affordability of 20% is viable on developments of 2 or more dwellings in this area which in the case of the development in question, would equate to 1 affordable dwelling. The provision of 1 affordable unit would therefore comply with the requirements of the Joint Local Development Plan.

Where a developer seeks to renegotiate the level or type of affordable housing previously agreed under the original planning application, Paragraph 7.7.2 of the Affordable Housing SPG states that the developer must demonstrate how the circumstances in relation to economic viability have changed by submitting an updated financial viability appraisal. In this case the developer has submitted a viability assessment and Red Book Valuation which seeks to amend the current agreement with a range of options put forward. The principal reasons given by the developer for seeking to reduce the affordable housing provision is the significant rise in construction costs over the past two years and that the legal agreement no longer aligns with the current development plan adopted. Having liaised with the Joint Planning Policy Unit and having assessed the current situation regarding viability and the merits of the scheme against Policy TAI 50, it is not considered that there are valid policy or material grounds for refusing the proposed amendment to the Section 106 agreement and it is therefore recommended that the application be permitted.

Councillor Jackie Lewis speaking as a Local Member expressed her disappointment in the application citing the pressing need for affordable housing in Llanfachraeth and other areas with over 800 on the Council’s housing waiting list. She questioned a system which allows a developer to seek to modify an affordable housing contribution years after the original agreement and commitment have been made. She also questioned why developer profit is a matter for the Committee. Councillor Jeff Evans was likewise dissatisfied with the proposal and said that affordable housing allocations are there for a purpose for people who cannot afford the cost of open market housing and are even more important in the current economic situation. He highlighted that the developer had had plenty of time to implement the permission and suggested that profitability as much as viability is a factor in such applications.

The Development Management Manager in acknowledging the concerns expressed advised that were the application to be made under current policy the affordable housing requirement would be 20% which in the case of the development in question amounts to 1 unit. It is therefore considered reasonable to allow the developer to reduce the affordable housing provision to 20% in line with current policy which would make it comparable with the requirements which applications submitted at present are asked to satisfy. The developer has submitted a Lawful Development Certificate to confirm the lawfulness of the development which safeguards the permission and as a still live permission which is being implemented (as the report details), the developer can seek to change it. It is considered important that an element of affordability is delivered as part of the permission; should the developer decide that the development is not viable in current market conditions without reducing the affordable housing provision then the one affordable housing unit could also be lost the thinking being that one affordable dwelling is better than none. The proposed reduction from 2 units to 1 unit still represents a policy compliant affordable housing provision for the development under current policy. In response to further questions the Officer clarified that when the original permission for the development was granted under the previous Local Development Plan the number of affordable units was negotiated rather than specified as a percentage, and 2 affordable units were agreed at the time. The Officer also confirmed that a Red Book Valuation is an independent, professionally undertaken valuation.

The Legal Service Manager responding to a question about the length of time the development had remained uncompleted since the original permission was granted clarified that a development is required to begin within five years of the date of consent; the Committee was also advised that there are no time limits for the completion of a development once it has commenced.

Councillor Ken Taylor proposed that the application be approved in line with the Officer’s recommendation and was seconded by Councillor Geraint Bebb. Councillor Jeff Evans proposed that the application be refused contrary to the Officer’s recommendation and was seconded by Councillor Robert Ll. Jones.

In the subsequent vote, the proposal to refuse the application contrary to the Officer’s recommendation was carried by six votes to four.

It was resolved to refuse the application contrary to the Officer’s recommendation on the basis that the Committee was of the view that the economic case for reducing the affordable housing provision is outweighed by the economic need for affordable housing.

In accordance with the requirements of the Constitution the application was automatically deferred to the next meeting to allow the Officers to respond to the reason given for refusing the application

12.5 FPL/2022/66 – Full application for the change of use of land into a car parking area at Porth Wen, Llanbadrig

The application was reported to the Planning and Orders Committee at the request of a Local Member.

Councillor Aled M. Jones, a Local Member requested that the application site be visited because he wished the Committee to see the site for itself and how the proposal could help protect the local environment from traffic pressures in the locality.

Councillor Liz Wood proposed, seconded by Councillor Jeff Evans that a site visit be undertaken.

It was resolved to conduct a virtual site visit in accordance with the Local Member’s request for the reasons given.

12.6 FPL/2022/23 – Full application for the erection of 2 roofs over the existing yards at Bodhenlli, Cerrigceinwen, Bodorgan

The application was reported to the Planning and Orders Committee as it’s made on land owned by the County Council.

The Development Management Manager reported that Bodhenlli is a working dairy farm, located down a private track in the open countryside. The proposed scheme is for the erection of two roofs over the existing handling and feeding yards. The application’s main issues relate to siting and design and its potential impact on adjacent residential properties. It is the Officer’s view that the site is located far enough away from neighbouring properties so as to give rise to no greater impacts upon their privacy and amenities than at present with the nearest residential properties situated over 300m away to the south and south-east. Neither is it considered that the visual impact of the proposed yard coverings will be any greater than that of the current buildings as they will be seen in the context of the existing agricultural buildings on site. In order to comply with the Environment Wales Act (2016) all planning applications have to show overall biodiversity enhancement. With regard to the application, a bird box and bat box have been added to the proposed yard coverings and a new hedge is to be planted adjacent to the handling yard. These are considered to provide overall biodiversity enhancement and comply with the Environment Wales Act as well as Policy PCYFF 4. The recommendation is therefore to approve the application.

Councillor Robin Williams proposed, seconded by Councillor John I. 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.

12.7 VAR/2022/44 – Application under Section 73 for the variation of condition (33) (travel plan) and condition (35) (highways and drainage) of outline planning permission 34C304K/1/EIA/ECON (Hybrid application for engineering centre, car park, children’s play area and outline application for residential dwellings, hotel, food and beverage and car park) so as to approve the details after work on site at Coleg Menai, Llangefni

The application was reported to the Planning and Orders Committee as it relates to the variation of conditions of consent of an application which was accompanied by an Environmental Impact Assessment. It was therefore referred to the Committee for determination in accordance with paragraph 3.5.3.10 of the Council’s Constitution.

The Planning Development Manager reported that Condition (33) stipulated that development should not take place until a Travel Plan had been submitted to and approved in writing by the Local Planning Authority to encourage travel to and from the site by more sustainable means than single occupancy cars. While development did commence without firstly discharging the condition, a Travel Plan has been received with the Section 73 application which the Highways Authority considers acceptable. It is therefore considered that the information provided satisfies the requirement of Condition (33) for Plot 2 and Plot 3 only. Condition (35) stipulated that no development should commence until measures are in place to secure the future maintenance of the roads and drainage in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority. Notwithstanding the applicants are in breach of this condition with work having commenced on site, details of the future maintenance of the road and drainage have been submitted with the planning application and the Highways Authority has confirmed that the information presented is sufficient to discharge the requirement of Condition (35) for Plot 2 and Plot 3 only. It is therefore recommended that the application be approved.

Councillor Geraint Bebb proposed, seconded by Councillor Ken Taylor 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.

12.8 FPL/2022/124 – Full application for the demolition of the existing self-catered guesthouse and the erection of a replacement self-catered guesthouse together with associated development at Bryn Maelog, Ffordd Belan, Rhosneigr

The application was reported to the Planning and Orders Committee at the request of a Local Member who wished to reiterate the concerns of the Community Council regarding traffic and general disturbance.

Public Speaker

Mr James Regan, the applicant spoke in support of the proposal saying that his family had run Bryn Maelog as self-catered accommodation since 2004 and have a certificate of lawfulness supporting this use class. Permission to extend the property was obtained in 2020 with the plan being to utilise this permission to renovate the existing building. However, a structural survey showed tht it would be completely uneconomical to renovate or extend Bryn Maelog in its current state with part of the building found to have no foundations at all. With this in mind it is considered that it would be more sustainable to re-build the property using modern construction methods and meeting up to date building regulations. Addressing some of the areas of objection raised Mr Regan confirmed that the current self-catering permission for up to 24 guests has been established for many years as per the certificate of lawfulness which was gained via a separate application. In the 24 years that the property has been run as a holiday let no noise complaints have been made, and no party groups are allowed with the property being primarily for families. The proposed design of the new building has deliberately reduced the amount of existing overlooking as well as keeping the new property within the existing footprint and ridge height; a new landscaping design should make the streetscape more attractive. With regard to access, moving the existing entrance to the middle of the frontage will improve safety by reducing the current blind spot when pulling out onto Ffordd Belan. Ten on-site parking spaces will be provided thereby eliminating the need to park on the street. Mr Regan concluded by saying that he and his family were excited about the project and hoped to add something different to the mix of self-catering properties in Rhosneigr.

The Development Management Manager reported that although the principle of the use of the site is not considered contestable because of the recently granted lawful use certificate which permits the property to operate as a guest house for groups up to 24 people, consideration has to be given to the proposal to ensure that it satisfies the requirements of the certificate for C1 use class. A condition to restrict the use to C1 use only will be imposed on consent if approved. The application was accompanied by a structural survey undertaken by a qualified structural engineer the findings of which were clear in recommending that due to numerous defects in the existing structure the best course of action was to demolish it and erect a new structure in lieu. As such, it is considered that the proposition to demolish the existing structure has been reasonably justified and thus conforms to Policy PS5.

With regard to design and appearance, as the existing building on site is in a dilapidated state, the works proposed represent a drastic betterment to the appearance of the site within the street scene and will have a positive effect upon the character of the area. The proposed building will be 3 storeys in height and will stand on the same albeit larger footprint of the existing building which will minimise its impact. Although the scheme does appear large in scale from the elevation drawings, it is only 0.5m higher than the existing building and in terms of proposed form and appearance it is not considered that the scheme would appear out of character for the area or settlement. Due to the condition of the existing building and its existing lawful use, it is not considered that there are grounds for refusal on the basis of design and appearance. Given the building and its current use, neither is it considered that the proposal will give rise to any greater impacts on residential amenity than at present. Mitigation measures in the form of obscure glazing are proposed and although the scheme does not conform to separation distances as set out in the SPG, modifications to the scheme in terms of smaller windows offer a betterment as regards overlooking. Notwithstanding it is acknowledged that the scheme will generate a level of traffic, the use is an existing use which has been established via a certificate of lawful use application. As a result the use could occur at present without planning permission with occupants using the substandard access or street parking. The scheme offers a significant improvement to the parking and access arrangements and no objections have been raised by the Highways Authority. The application is therefore recommended for approval.

Councillor Neville Evans speaking as a Local Member said that the application had been called in because of concerns in relation to the proposal’s design and appearance and its potential impact on residential amenity. The primary concern had been the scheme’s effect on traffic in the area the application site being on a road that is currently the subject of a consultation on a one way system with traffic and parking in the area being issues especially in summer time. While there were also local concerns about noise disturbance he was pleased to hear that no complaints have been made while the property has been in use as a holiday let.

Councillor Ken Taylor proposed that the application be approved in accordance with the Officer’s recommendation saying that he could not see any valid planning reasons for refusal. Councillor Jackie Lewis seconded the proposal.

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

Supporting documents:

Enclosure D, item 12. PDF 4 MB