Agenda item

12.1 TPO/2022/16 – Application for works to 6 trees protected by a Tree Preservation Order at land between the reservoir and 30 Ty Mawr Estate, Menai Bridge

The application was presented to the Planning and Orders Committee as the site is owned by the Local Authority.

The Development Management Manager reported that the application refers to works to 6 trees which are subject to a Tree Preservation Order titled ‘Old Reservoir’ Menai Bridge made in 1988. The trees are situated on land which is part of the northern embankment of the reservoir, located off the Pentraeth road in Menai Bridge. The trees have recently been surveyed for reasons of ash dieback and six trees are proposed for felling due to their condition and their location near the footpath along the highway used by the public and children walking to Ysgol David Hughes.

Councillor Robin Williams proposed that the application be approved. Councillor Ken Taylor seconded the proposal of approval.

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

12.2 VAR/2022/48 – Application under Section 73 for the variation of Condition (04) of planning permission reference 45C260B (Full application for change of use of the existing building from A1 (retail) to mixed use A1 and A3 (retail and food and drink) so as to change the existing opening hours at Madryn House, Pen Dref Street, Newborough

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

Public Speaker

Ms Sue Madine, in support of the application, said that along with Diane Broad she owns and runs Caffi Wiwer Goch & Oriel Nyth y Wiwer in Newborough. She noted that a 3-minute slot today feels wholly inadequate to respond to objections to the application and to put the case to protect jobs and the future of the business. Planning deem that the cafe opening into the evening will have a detrimental effect on neighbouring residents. This is the only business out of 5 on the square who has to shut at 5pm. Since opening in 2014, the business has provided jobs for 25 mainly Welsh speaking local people; it currently employs 5, with hundreds of thousands of pounds generated into the local economy. The cafe supports or is serviced by 8 Anglesey businesses. The gallery is an outlet for 12 independent Anglesey artisans. Most of the objections raised are conjecture, opinion, false & lack any true evidence. After years of complaints against the cafe, council records confirm that despite numerous council visits and literally hundreds of noise applications submissions by our closest neighbour, no statutory nuisance has ever been found. No enforcement has ever been taken. The current working and kitchen practices have further cut down on noise and odours. It is untrue that customers are told to park across peoples driveways. Anyone present in Newborough in the summer as the traffic leaves the beach will know the chaos caused by people parking illegally, especially to use the chippy, people waiting for a takeaways are far more likely to do this than people who go for a ‘sit-in’ meal; many customers will walk to the cafe in the evenings. Traffic and parking is for authorities to deal with in a manner which is fair and equitable to all businesses and residents in the village, giving equal opportunity, and not to penalise 1 business because of what has been allowed to evolve. A compromise to planning to stop our kitchen at 9pm, stop serving alcohol at 9.30pm and close at 10pm. Planning already knew that the premises licence does not permit customers to sit outside after 9pm. Still this has been rejected. Disappointingly, planning will not guide us as to what would be ‘acceptable’. How can the cafe opening in the evenings be anymore detrimental than the impact of the pub which adjoins 2 residential properties and has a beer garden to the rear? How is it fair & equitable to reject our application when the cafe will close earlier, hold fewer people, have no juke box, karaoke or live music? We play low level background music. The cafe opening into the evenings, will only add to the community and the life of the village. It will create jobs and offer another option, it is not a pub or a nightclub, it is a cafe, where people come primarily to eat. Our sales of alcohol currently make up just 3% of item sales. We are not in direct competition with any of the other village businesses, all of whom open into the evening. It will simply offer an alternative evening dine-in option. Almost 4 months on since approaching planning, we now ask the committee to give us the same leeway and consideration as the other businesses in the village. In these times where insolvencies of small hospitality businesses are up by 60% we ask that you treat this application with fairness, equity, foresight and in line with Anglesey’s Transitional Plan 2022-2023 i.e. to support businesses. We hope that the committee have seen the numerous expressions of support for our application which have been sent to our council members and planning. We also ask that the committee make a decision which does not necessitate further applications, delay and costs.

The Development Management Manager reported that the application site is a corner building situated on a crossroads in the centre of the settlement of Newborough. The building was previously used as a Class A1 building (post office) and was granted planning permission in January 2017 for a mixed us development comprising of A1 and A3 to be used as a café/hot food takeaway retailer. Condition (04) of the permission restricted the opening hours of the premises to 9.00 a.m. – 5.00 p.m. (Monday to Saturday and 10.00 a.m. to 4.00 p.m. on Sundays). The application is now to extend the opening hours from 8.00 a.m. – 11.00 p.m. for 7 days a week. The applications main issues therefore is whether extending the opening hours will have a detrimental impact on the amenities of neighbouring properties. The immediate neighbouring property, located on Chapel Street is a Fish and Chips Shop which is open until 8.30 p.m., in the summer and 7.30 p.m., in the winter and a convenience store is situated on the opposite corner of Chapel Street/Pendref Street is open until 9.00 p.m. There is also a Public House which is located directly opposite the Premier Store. He further noted that the property utilises the external area to provide external seating area for customers. The recommendation is to refuse the application as the increase in the hours of opening of the premises until 11.00 p.m., 7 days a week in this location will have a high potential to result in increased noise levels to the immediate neighbourhood. The proposal would by reason of noise with the late night opening with customers socializing and the comings and goings of customers would inevitably result in noise and disturbance.

Councillor Robin Williams said that he did not understand the recommendation of refusal of this application to the extended hours of this Café in Newborough as the Public House is nearly directly opposite the café and is open until 11.00 p.m., and could potentially open 24 hours a day. He considered that extending the hours of the café would not effect on the amenities of nearby properties.

Councillor Jackie Lewis said that she is also unsure as to why the recommendation is of refusal of this application as the customers in the Public House will be sitting outside in the beer garden to drink, smoke and listen to live music. She noted that the café serves food and alcohol.

The Development Management Manager said that the neighbouring properties are used to the Public House being open in the village of Newborough. However, if the properties next door to the Wiwer Goch, Café are used to the café closing at 5.00 p.m., and extending the hours of opening until 11.00 p.m., will have an effect on the amenities of the neighbouring properties.

The Legal Services Manager said that a compromise is that extending the opening hours of the café could be for a trial period of 2 years. Any noise nuisance reported from the site could be monitored and reported back through the statutory noise nuisance procedure. At the end of the trial period a view could be formed as to whether the extended opening hours should be made permanent or be refused.

Councillor Robing Williams proposed that the application be approved contrary to the Officer’s recommendation and that the cafe be allowed to open from 9.00 a.m., to 10.00 p.m., seven days a week, for a trial period of 2 years. Councillor Ken Taylor seconded the proposal of approval of the application.

It was RESOLVED:-

· to approve the application contrary to the Officer’s recommendation on the basis that the Committee considered that the proposal would not cause unacceptably detrimental effects on the residential amenities of nearby occupiers as other commercial properties are located in the immediate locality;

· that the premises be allowed to open from 9.00 a.m. to 10.00 p.m., seven days a week, for a trial period of 2 years.

(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 approving the application).

12.3 FPL/2022/134 – Full application for conversion of the outbuilding into a 2 bedroom holiday let at Tithe Barn, Henblas, Llangristiolus

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

The Development Management Manager reported that the application was presented to the Committee as the request of a Local Member, Councillor Nicola Roberts due to concerns regarding the impact of holiday homes on the Island and also stated the scheme warranted closer scrutiny due to the historic and local importance of the building. The site is located in the open countryside of the Llangristiolus area, with access to the site afforded via a private lane which also serves as means of access for a farm and the Henblas wedding facility. Special Landscape Areas designation is given to the area and forms part of the Malltraeth Marsh and Surrounds designation. The site includes the recently converted Tithe Barn together with its associated garden and drive area. The Tithe Barn is a Listed Building and therefore by virtue being within the curtilage of a Listed Building, the structure subject to this application is also a Listed structure. The structure is in a poor state of condition and does not include a roof or any windows/doors. Historically, the building was used as a cottage and benefits from an extant permission to convert it into a garage under application VAR/2020/15. The application is made to convert the derelict structure into a two bed holiday unit together with alterations and extensions thereto. The proposal seeks to retain the ruinous structure by utilising it as a cladding of sort, with a new structure erected within the walls to form the holiday unit. The existing structure will house the two bedrooms, whilst the extension will provide space for an open plan living area together with plant and store rooms. The design of the proposal is considered acceptable by the local authority Heritage Officer and it is not considered that it will have a detrimental effect on Tithe Barn. He further said that whilst the scheme does not effectively conform with policy TWR 2, it is considered that holiday use is the most acceptable use in line with enabling development and other policies of the Joint Local Development Plan. The structure does have extant planning permission for use as a garage, however it is considered that holiday accommodation is a more sympathetic use to the historic use of the structure as a cottage. This view is also shared by the Council for British Archaeology, who made the following comments on the accompanying Listed Building Consent application ‘the domestic use is more sympathetic to the site’s heritage than converting the ruin into a garage and store.’ The Development Management Manager further said that the scheme does not conform with the relevant holiday accommodation policy of the Joint Local Development Plan, however in line with policy AT 2, it is considered that the scheme is acceptable on planning balance as it will secure the future use of the structure and retention of the historic asset.

Councillor Robin Williams, on behalf of Councillor Nicola Roberts, who had to leave the meeting, said that Councillor Roberts had calledl-in the application for consideration by the Committee but following receiving the Officer’s report, she was in favour of the recommendation of approval of the application.

Councillor Robin Williams proposed that the application be approved. Councillor Geraint Bebb seconded the proposal of approval.

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

12.4 DIS/2022/62 – Application to discharge condition (02a) (Archaeological), (07) (Biosecurity Risk Assessment) and (17) (Construction Management Plan) of planning permission FPL/2021/361 (erection of a new foundation phase and child care unit) and MAO/2022/16 (Minor amendments) on land adjacent to Ysgol y Graig, Llangefni

The application was presented to the Planning and Orders Committee as the application is on Council owned land.

The Development Management Manager reported that planning permission was granted under planning application FPL/2021/361 for the erection of a new foundation phase and child care unit on land near Ysgol y Graig, Llangefni. A minor amendment application was later submitted MAO/2022/16 to make slight changes to the wording of some of the original conditions. Condition (02)(a) of planning application FPL/2021/361 requested the applicant to provide a specification for a programme of archaeological work for the site. A Written Scheme of Investigation for Archaeological Mitigation has been received from the applicant and Gwynedd Archaeological Planning Service has confirmed that they are satisfied with the information and confirmed that condition (02)(a) can be discharged.

Councillor Robin Williams proposed that the application be approved. Councillor Ken Taylor seconded the proposal of approval.

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

12.5 VAR/2021/65 – Application under Section 73 for the variation of conditions 13 and 14 of planning permission reference 47C74, erection of 34 wind turbines which shall measure 53 metres in total height with the construction of access tracks and ancillary developments to include transformers, a sub-station and three anemometer masts on land to the North of Llyn Alaw so as to extend the operational phase until 22/10/32, extend the decommissioning period to 12 months and clarification regarding the period wind turbines shall be decommissioned if it fails to produce continuous electricity at Llyn Alaw Windfarm, Llanbabo

The application was presented to the Planning and Orders Committee as the application is accompanied by an addendum to an Environmental Impact Assessment and needs to be referred to the Planning and Orders Committee for determination in accordance with paragraph 3.5.3.5(ii) of the Constitution.

The Development Management Manager reported that the application seeks to vary condition 13 to allow the operational phase of the turbines for a further period of 10 years up to 22.10.2032. Subsequently, the application also seeks to vary condition 14 to extend the period where the wind farm needs to be decommissioned (except for the substation) as well as extend the period where a turbine needs to be dismantled it if it not producing electricity to the local grid. A community benefit fund was in place as part of the original application. The fund totalled over £42,000 per annum (£2,062 per MW index linked). As part of the current proposal the applicant seeks to increase the community benefit to £3,000 per MW from when the current consent expires. The money is dispersed between Tref Alaw, Llannerchymedd and Mechell Community Councils who will then be responsible for administering the funds as per the existing agreement.

Councillor Ken Taylor proposed that the application be approved. Councillor Geraint Bebb seconded the proposal of approval.

It was RESOLVED to approve the application in accordance with the Officer’s recommendation subject to the conditions and the planning obligation set out in the written report.

12.6 HHP/2022/46 – Full application for demolition, alterations and extensions at Tan yr Allt Bach, Llanddona

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

Councillor Alun Roberts, a Local Member requested that the application site be visited due to local concerns.

Councillor Ken Taylor proposed that a site visit be undertaken and Councillor Robin Williams seconded the proposal.

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

12.7 HHP/2022/219 – Full application for alterations and extensions at 7 Tre Gof, Llanddaniel

The application was presented to the Planning and Orders Committee as the County Council are the applicant and the landowner.

The Development Management Manager reported that the application presented is for the erection of a single storey rear extension to the dwelling. The application site is a two storey semi-detached property, located in the Tre Gof estate within the development boundary of Llanddaniel as defined by the Joint Local Development Plan. The proposal is considered and it is not considered that it will have a negative impact upon the privacy and amenities of neighbouring properties. An existing two-metre high timer fence along the side and rear boundaries of the property will ensure that no issues of overlooking will arise from the proposed extension.

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

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

12.8 HHP/2022/171 – Full application for alterations and extensions with Juliet balconies at Awel y Bryn, Trigfa, Moelfre

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

Councillor Ieuan Williams, a Local Member requested that the application site be visited as local residents have concerns that it would be over-development of the site.

Councillor Robin Williams proposed that a site visit be undertaken and Councillor Ken Taylor seconded the proposal.

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

12.9 FPL/2022/216 – Full application for an extension to the curtilage at Glanllyn, Llanedwen, Llanfairpwll

The application was presented to the Planning and Orders Committee as the application is made on land which is owned by the County Council.

The Development Management Manager reported that the proposal involves the extension to the residential curtilage of the property. The property is a semi-detached farmhouse, located in an open countryside location in Llanedwen. The proposal involves extending the residential curtilage of Glanllyn into the agricultural land to the north-west, and behind the rear garded of Porth Amel. The extended part of the curtilage will measure approximately 451m2, bringing the residential curtilage of Glanllyn to a total of 530m2. The proposal site falls within the AONB but it is considered that the small scale nature of the proposal will integrate well into its surrounding landscape.

Councillor Ken Taylor proposed that the application be approved. Councillor Robin Williams seconded the proposal of approval.

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

12.10 FPL/2022/198 – Full application for the installation of 2 no. 470kW Air Source Heat Pumps and a plant room house housing 2 no. Water Source Heat Pumps together with associated development at the Isle of Anglesey County Council, Council Office, Llangefni

The application was presented to the Planning and Orders Committee as the application site is Council owned land.

The Development Management Manager reported that the proposal involves the provision of a GRP enclosure measuring 8.3m x 5.3m x 3m for the housing of 2 water source heat pumps together with the provision of 2 air source heat pumps mounted on a modular steel frame some 0.7m above the ground level. The enclosures have been designed to the minimum standards whilst also ensuring sufficient and minimal access around the air source heat pump and plant room is maintained and allows for suitable workspace and access around the units. The proposed units are positioned to the rear of the existing Council building and are well screened by existing topography and vegetation. The application is accompanied by a Noise Impact Assessment. The assessment has considered the potential for noise impacts from the installation and it has shown that mitigation is required to meet the local authority EH criteria and acoustic enclosures for the air source units, with minimum sound reduction value of 22dB have been recommended. He further said that the application is also accompanied by a Biodiversity Enhancement Plan which proposes the provision of 2 bat boxes, 2 bird boxes and the expansion of the wildflower meadow to compensate for the loss of habitat features that will result from the development. The Ecological Adviser has been consulted on the proposals and is satisfied that the biodiversity enhancements proposed are appropriate with regards to relevant policies.

Councillor Ken Taylor proposed that the application be approved. Councillor Robin Williams seconded the proposal of approval.

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

Supporting documents:

Enclosure CH, item 12. PDF 5 MB