Agenda item

Applications Arising

7.1 – HHP/2022/171 - Awel Y Bryn, Trigfa, Moelfre

HHP/2022/171

 

7.2 –DIS/2022/63 - Former Roadking Truckstop, Parc Cybi, Holyhead

DIS/2022/63

 

7.3 – FPL/2022/53 – Cae Braenar, Penrhos, Holyhead

FPL/2022/53

 

7.4 – HHP/2022/46 - Tan Yr Allt Bach, Llanddona

HHP/2022/46

 

7.5 – VAR/2022/41 - 1 Blue Water Close, Treaddur Bay.

VAR/2022/41

 

7.6– HHP/2022/230 – Dinas Bach, 5 Y Fron, Aberffraw

HHP/2022/230

 

7.7 – FPL/2022/189 – Bilash, Dew Street, Menai Bridge

FPL/2022/189

 

7.8 – FPL/2022/172 – Erianallt Goch, Carmel

FPL/2022/172

 

Minutes:

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

 

(Having declared a personal and prejudicial interest, Councillor Jackie Lewis withdrew from the meeting during the discussion and voting thereon)

 

The application was presented to the Planning and Orders Committee at the request of a Local Member.  At its meeting held on 5 October, 2022, the Committee resolved to visit the site and a virtual site visit was conducted on 19 October, 2022.  At its meeting held on 2 November, 2022 the Committee resolved to refuse the application contrary to the Officer’s recommendation as it was considered that the application was deemed to be contrary to planning policy PCYFF2 of the Joint Local Development Plan due to the impact on the amenity of adjacent residential properties by virtue of noise and disturbance due to the increase in the number of bedrooms/occupants together with the overdevelopment of the property.

 

The Planning Development Manager reported that the justification statement by the applicant states that there is no intention to change the use of the dwelling and the house will be used by family and friends.  Reference has been made to the noise levels that will be generated from the dwelling, however, the noise levels from the each property within the estate generates varied noise levels.  The dormer extension are similar to those that can be seen on the estate.  An extension at the rear of the dwelling, which was approved in 2010, could be built under permitted development without planning permission.  He further said that it is not possible to challenge the principle of the additional bedrooms, however, other material considerations need to be considered.  There are a number of dormer extensions to be seen on the estate and the character of the dwelling as it will be similar to other properties within the estate. He noted further that the Highways Authority has not objected to the proposal, a parking diagram was submitted as part of the justification statement which notes that there is parking spaces for 5 cars at the front of the property. 

 

Councillors Margaret M Roberts and Ieuan Williams both spoke as Local Members to express their concerns about the proposal from the perspective of the number of occupants it would be able to accommodate and its potential usage as an Airbnb and to accommodate as many as possible to stay at the dwellings.  Councillor Roberts said that she considered that the proposal is contrary to planning policy TWR 2 of the Joint Local Development Plan due to its overdevelopment.  Councillor Margaret M Roberts and Ieuan Williams expressed that it was evident on the site visit that this is a small cul-de-sac of dwellings and accommodating 5 cars in front of the dwellings is impossible.  The property was originally a 2 bedroom bungalow and accommodating the extra vehicles on the estate will be create problems for the neighbours.  Councillor Williams referred to planning policy PCYFF 2 which states that planning application should be refused if it has a significant detrimental effect on the health and safety and amenities of the local residents.

 

Councillor John I Jones said that the proposal is clearly contrary to planning policy PCYFF 2 and he proposed to reaffirm the previous decision to refuse the application.  Councillor Ken Taylor said that he considered that the proposal was overdevelopment of the site and seconded the proposal of refusal.

 

It was RESOLVED to reaffirm the previous decision to refuse the application contrary to the Officer’s recommendation.

 

7.2  DIS/2022/63 – Application to discharge condition (05) (landscaping) (08) (signage) (16) (mitigation risk assessment) of planning permission FPL/2021/337 (full application for the construction of an Inland Border Facility (IBF) at former Roadking Truckstop, Parc Cybi, Holyhead

 

The application was presented to the Planning and Orders Committee due to the discharging of conditions(s) imposed by the Planning and Orders Committee in determining application reference FPL/2021/337 at its meeting held on 2 March, 2022.  At its meeting held on 2 November, 2022 the Committee resolved to defer determining the application as Welsh Government Transport Division had requested further information.

 

The Planning Development Manager reported that the application is to discharge three conditions as was noted within the report.  As regards to condition (05) the Landscape Officer has confirmed that the landscaping scheme is acceptable. The signage scheme confirms that the signs will be bilingual which addresses condition (08).  As regards to condition (16) a risk assessment scheme has been submitted, however the Welsh Government Transport Division requested additional information; the requested details has now been received and the information has been forwarded to the relevant Officers at Welsh Government Transport Division.  A meeting has been requested by the Welsh Government Transport Division with Officers from the Authority as regards to this matter. 

 

Councillor T Ll Hughes proposed that the application be deferred as there are uncertainties as regards to the site.  Councillor Jeff Evans seconded the proposal of deferment of the application.

 

It was RESOLVED to defer the application for the reasons given.

 

7.3  FPL/2022/53 – Full application for the erection of 22 open market dwellings and 1 affordable dwelling, alterations to the existing access, creation of an internal access road together with associated works on land adjacent to Cae Braenar, Holyhead

 

(Having declared a prejudicial interest in the application, Councillors Glyn Haynes and Robin Williams withdrew from the meeting during the discussion and voting thereon).

 

(The Committee Officer, Mrs Mairwen Hughes declared a prejudicial interest in respect of the application and left the meeting during discussion).

 

As the Vice-Chair had declared an interest, Councillor Dafydd Roberts was elected Vice-Chair for this item only. 

 

The application was presented to the Planning and Orders Committee at the request of a Local Member.  At the meeting held on 2 November, 2022, the Committee resolved to visit the site and a virtual site visit was conducted on 16 November, 2022.

 

Public Speakers

 

Mr Michael Jones, opposing the application, said that the application site is a green protected open space and is an amenity area.  He noted that documentation dated 1997 refers that the land was given by Anglesey Aluminium Metals Limited as an act of good will to the people of the area; a hospital has been built on the nearby land and this land was not for a private developer to build houses.  Access to the land was from the Penrhos Beach Road and there has not been any talk of the access through the Cae Braenar estate; access through the estate is totally unsuitable.    The reason that there has been no building on the site is that the hospital nearby needs to have peace and quiet from any building works.  He further said that this application is totally out of character for the area. 

 

Ms Sioned Edwards, Cadnant Planning, in support of the application, said that the site is located within the development boundary of Holyhead and planning permission for 14 dwellings has been lawfully implemented and the site has therefore been safeguarded. This permission could be implemented at any time without the need for further permission or approval from the Local Planning Authority. Trees have already been cleared from the site under the previous permission.  This application to change the design and number of dwellings on the site has come forward in response to the change in the housing type and mix in the Holyhead area and the proposal would provide two and three bedroom family dwellings. It is noted that Local Members and neighbours have raised concerns as they consider that the proposal is not in keeping with the character and appearance of the area, as well as the height and scale of the development. Concern has also been expressed about Japanese Knotweed and road safety. A detailed assessment has been presented as part of the Officer’s report, which confirms that the density of the development is acceptable and meets the requirements of policy PCYFF2. The Officer has provided an assessment of the proposed dwellings’ impact on neighbouring properties, which confirms that there would not be an unacceptable impact on neighbouring amenities.  She further said that in terms of the scale and height, they are two-storey dwellings. It is acknowledged that neighbouring properties in Cae Braenar are bungalows, however, there are two-storey dwellings nearby and it is noted that the dwellings approved under the previous planning permission, which has been safeguarded, are also two-storey dwellings. It is noted that local members have also raised concerns about traffic and the effect on road safety. Detailed discussion have been held with the Highways Officer to ensure that the design of the access, the number of parking spaces and the construction traffic management plan are acceptable, during the building period, no objection has been raised by the highways department.  It is noted that neighbours have raised concerns about the presence of Japanese Knotweed on the site. A revised report has been presented to confirm its location on the site, accompanied by an Invasive Weed Management Plan, which details the method of controlling and eradicating weeds from the site. Natural Resources Wales and the Tree Officer have confirmed that they are satisfied with the information together with the proposed method. 

 

The Planning Development Management outlined the main planning considerations as detailed in the Case Officer’s report with regard to the proposal and noted that the application site is within the development boundary of Holyhead and conforms to planning policy PCYFF 1 of the Joint Local Development Plan. The application site benefits from an extant planning permission for 14 residential dwellings.  This included six four-bedroom dwellings and eight three-bedroomed dwellings, all two storey.  The permission has been implemented and a Certificate of Lawfulness Existing Use has been secured. Policy TAI 15 requires that part of the proposed development is provided for affordable housing and in Holyhead this equates to 10% of the overall number of units which equates to 2.3 units in this instance. However, the developer as part of the previous planning application has provided 4 affordable units on a nearby site at Turkeyshore Road. The Planning Development Manager referred to the design of the 23 two storey dwellings as was noted within the Case Officer’s report.  Even though the dwellings on Cae Braenar estate are single storey bungalows it is not considered that the proposal will look out of place on the site or have an impact upon the landscape.   He further referred that the site is currently identified as protected open space under Policy ISA 4 of the JLDP.  However, it is unclear why this part of area of open space has been identified when considering the previous planning approval on the site.  It is considered that the above justifies the loss of this part of the open space provision.   Access to the site will be via the existing vehicular access off the Cae Braenar estate which would include vehicular and pedestrian access.  The proposed access has a visibility splay of 43m in each direction.  The internal access road will be constructed to adoptable standards and would provide a footway on either side of the main road into the site.  The Highways Authority has confirmed that they are satisfied with the proposal with appropriate worded conditions.  As is noted within the report the proposal complies with planning policies PS4 and PS5 of the JLDP as it is considered that the development is highly accessible and sustainable due to its location within walking distance to the town of Holyhead.   The Planning Management Manager further said that following the site visit, it was confirmed that Japanese Knotweed is present on the site.  The applicant has provided an Invasive Weed Management Plan which identifies the areas affected by the Japanese Knotweed together with the method of treatment.  Natural Resources Wales has confirmed that the Invasive Weed Management information addresses their previous concerns and no further survey are required to be submitted.  A condition has been placed on the permission requesting that the applicant provides a certificate by an independent consultant to confirm that the knotweed treatment programme has been successful and that all the invasive plant material has been removed and all treated areas shall be subject to aftercare and monitoring in accordance with the submitted scheme. 

Reference was made to the adjoining properties and the Councils SPG Design Guide provides guidance on the proximity of development to other properties and boundaries to prevent overlooking and other unacceptable impacts.  The impact of the proposal, in particular upon the amenity of nearby land users has been considered in accordance with the criteria as set out in planning policy PCYFF 2 of the JLDP.   Other material considerations were listed within the Case Officer’s report.  The recommendation was of approval of the application subject to a Section 106 legal agreement for 1 affordable dwelling and a financial contribution towards Ysgol Llanfawr. 

Councillors Jeff Evans and Pip O’Neill, as Local Members highlighted the reasons to refuse the application as regards to traffic, access to the site through the Cae Braenar, not in keeping with the surrounding area and the added pressure on the infrastructure.  It was noted that there is a dire need for bungalow type dwellings for the elderly in the Holyhead area as there is an ageing population on the Island; the proximity of the site to the Penrhos Stanley Hospital would be advantages for the elderly and the disabled.  During the virtual site visit it was evident that the proposal is surrounded by bungalows.  It was further expressed that the virtual site visit did not give a true reflection of the applications site; the properties that will be affected by the proposal were not shown.  Flats in Lon Deg, a distance from the site, were shown which will not be affected by the development.  

 

Councillor Jeff Evans expressed that he considered that the application should not have been discussed at this meeting as regards to the legitimate process having been adhered to. He outlined the discussions undertaken with the Chief Executive to the meeting as regards to the development having been previously considered by the Executive and the perception by the local residents.  He further referred that the Executive considered a report in January, 2022 as regards to 23 affordable dwellings on the site to address the housing needs of the residents of Holyhead without the planning process been undertaken.  Councillor Evans considered that there is potential for an Ombudsman investigation if the application was approved.  He considered that the application should be deferred for further discussions. 

 

The Legal Services Manager said that the Council does have discussions with developers and land owners as regards to housing development and some do progress whilst other do not.   The Planning and Orders Committee is the only body to approve planning applications or planning officers under delegated rights.  The relevant planning policy requires that 10% of the properties built in Holyhead must be affordable. He considered that the issues raised by Councillor Jeff Evans would not justify a complaint to the Ombudsman. 

 

Councillor T Ll Hughes referred that he questioned whether the access to the site was adequate and wide enough to accommodate the traffic generated from the site and he referred to the affordable element of the proposal on a nearby site at Turkeyshore Road. 

 

Councillor Ken Taylor said that the application site has extant planning permission for 14 dwellings and the access to the site is the same however the amount of dwellings on site.  Councillor Taylor proposed that the application be approved in accordance with the Officer’s recommendation. Councillor Dafydd Roberts seconded the proposal of approval.

 

Councillor Jeff Evans proposed that the application be deferred.  There was no seconder for his proposal. 

 

Following the vote of 5 in favour and 3 against:-

 

It was RESOLVED to approve the application in accordance with the Officer’s recommendations subject to the conditions contained within the written report, together with a Section 16 legal agreement that 1 affordable dwelling and a financial contribution of £110,313 towards Ysgol Llanfawr be afforded.

 

7.4  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 three Local Members.  At its meeting held on 5 October, 2022 the Committee resolved to visit the site and a virtual site visit subsequently took place on 19 October, 2022.  At the meeting held on 2 November, 2022 the Committee it was resolved that a second site visit be undertaken to the site.  An on-site visit took place on 30 November, 2022. 

 

The Planning Development Manager outlined the main planning considerations as detailed in the Case Officer’s report with regard to the proposal’s siting and design and its impact as regards Dark Skies and AONB designations.  The applicant has afforded a Dark Skies Strategy together with amendments to the design to mitigate any impact on the Dark Skies in the area.  Natural Resources Wales and the Dark Skies Officer consider that the proposal is acceptable. He said that based on the Officer’s view the proposal is acceptable in land use in planning terms; that it is subservient to the existing property in respect of scale and size and does not dominate the original elevation and is considered appropriate to the dwelling and its surrounding area. The increase in the footprint of the proposal is 30% which conforms to planning policies. The recommendation was of approval of the application.

 

Councillors Carwyn Jones, Gary Pritchard and Alun Roberts, spoke as Local Members to convey the many concerns of the locality and the Community Council as regards to the siting, scale and design of the proposal and the effect of the character of the area and the impact on the AONB and the potential light pollution. They expressed concerns regarding the highway and narrow steep road down to Llanddona as was seen by Members on the site visit.  It was considered that the glass link between the current dwelling and the extension is excessive with a potential usage as a holiday home/let.

 

Councillor Ken Taylor, whilst sympathetic to the concerns of the local community and Local Members, however, following a physical site visit he considered that the application had to be considered within planning policies.  Councillor Taylor proposed that the application be approved in accordance with the Officer’s recommendation.  Councillor T.Ll Hughes MBE seconded the proposal.

 

Councillor Geraint Bebb said that he considered that the application was overdevelopment of the site and proposed to refuse the application contrary to the Officer’s recommendation.  There was no seconder to the proposal.

 

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

 

7.5  VAR/2022/41 – Application under Section 73 for the variation of conditions (09) (surface water drainage), (13) (approval of vehicle and car parking accommodation), and (14) (in accordance with plans to be approved) of planning permission reference 46C188G (the redevelopment of the site for up to 6 residential units) so as to allow the submission of the surface water drainage scheme, vehicle turning and car parking area together with the re-siting and amended design of the proposed dwellings at 1 Blue Water Close, Trearddur Bay

 

The application was presented to the Planning and Orders Committee at the request of a Local Member.  At the meeting held on 2 November, 2022, the Committee resolved to visit the site and a virtual site visit was conducted on 16 November, 2022.

 

The Legal Services Manager read out a statement by Ms Kathryn Gratton, the applicants’ agent, in support of the application, which highlighted the variation of conditions (09), (13) and (14).  The site has extant permission, confirmed by the Authority under a lawfulness certificate application in 2021.  The application relates to three elements, namely, a planning condition relating to vehicular turning and car parking; a planning condition relating to storm water (which is contained on site) and minor changes to the external appearance and the re-siting of two plots. The site has been undeveloped since 2005 and it would be beneficial for all to have the work finally started and completed. Two percolation tests have been undertaken on the site by suitably qualified drainage experts which have proven that the soil drains freely. The reports has been submitted as part of the application. Drainage engineers advise that a drainage channel should be provided across the front of the site immediately to ensure any excess water is kept on the site and this will be connected to its own soakaway. This has been agreed with the Local Authority’s Senior Highways Engineer.

There will be no surface water run off leaving the site and this is a specific requirement of condition nos. 10 and 11 of the planning approval. The drainage channel will be left in place as a further defence once the development is complete. The site does drain incredibly well and the majority of water will seep into the ground while the development takes place. The impact on amenities of the neighbouring properties is no different from that previously approved for the site, nor is the effects on highway safety from the 6 dwellings. The Authority’s highways department have made no further observations on the scheme during this application and have raised no objections. Comments of the local authority Ecological Advisor have been taken on board and further biodiversity enhancements have been included.  It is felt that highway safety and re-assessing the junction has no bearing on our application.  In relation to points raised by a local member regarding a nearby property having flooded, the applicant instructed the drainage engineers, Geo Enviro Solutions, to review and provide a response and this information had been submitted to the planning authority. Natural Resources Wales has viewed the flood map and this confirms that the site is outside any potential flood zones related to rivers, sea or from surface water and small watercourses. This development will retain all storm water on site in accordance with the planning permission and they advise that the drainage strategy is the most sustainable solution and will have no implications for the nearby properties. Referring to highways, the application relates to parking arrangements only and there is no opportunity in procedural terms to provide further monies at this stage for works to the surrounding highway network.

 

The Planning Management Manager outlined the main planning considerations and the principle of the residential development of the site has been established under planning application reference 46C188G and 46C188J/da.  An application for a lawful use certificate to prove that works had commenced on the site was considered lawful under planning application reference LUP/2021/2.  The current application is to vary conditions (09), (13) and (14) as is noted with the Case Officer’s report.  Concerns have been raised by the Community Council and Local Members as regards to the flooding/surface water drainage from the site.  Both Welsh Water and the Drainage Section have confirmed that the drainage details submitted as part of the application are acceptable.  Concerns have also been raised as regards to the traffic/parking provision within the site.  The Highways Authority have confirmed that they have no objection to the scheme.    The impact on the amenities of neighbouring properties and locality were highlighted within the report.  The Community Council have raised concerns that the proposal results in over-development, however, the scale of the proposal reflects that which was approved under planning application reference 46C188J/DA.  The application is contrary to planning policy TAI 5 of the JLDP, however, the fall-back position is that the application site has an extant planning permission for open market housing. The recommendation was of approval of the application. 

 

Councillor Dafydd R Thomas, a Local Member highlighted concerns regarding the variation of the conditions of the application as regards to privacy, highways issues and flooding.  He noted that there are a total of 60 houses on the Trearddur Road with no footpath for pedestrians; the access to Trearddur Road is on a steep hill and there has been a terrible accident on the junction four years ago when a person was killed when a car pulled out of the junction; it would be advantageous if the developer could contribute towards improvements to the access.  He further said that flooding has occurred to properties on the Trearddur Road with one elderly person and her son having to move out of her home for over a year whilst the house was repaired.  Councillor T Ll Hughes MBE and a Local Member reiterated the concerns raised by Councillor Thomas as regards to flooding and traffic issues. 

 

Councillor T Ll Hughes MBE proposed that the application be refused contrary to the Officer’s recommendation.  Councillor R Ll Jones seconded the proposal of refusal.

 

Councillor Robin Williams proposed that the application be approved in accordance with the Officer’s recommendation as extant planning permission has been secured on the site.  Councillor Ken Taylor seconded the proposal of approval. 

 

Following the vote of 7 in favour and 4 against:-

 

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

 

7.6  HHP/2022/230 – Full application for alterations and extensions at Dinas Bach, 5 Fron Estate, Aberffraw

 

The application was presented to the Planning and Orders Committee at the request of a Local Member.  At the meeting held on 2 November, 2022, the Committee resolved to visit the site and a virtual site visit was conducted on 16 November, 2022.

 

Public Speaker

 

Mrs Levitt, the owner of the neighbouring property, objecting the proposal, referred to written objections that she has submitted on four occasions, which clearly explains how this proposal does not conform to the JLDP. She noted that all proposals should integrate into their surroundings which this application categorically does not. The enormous forward thrust onto the drive necessitates a very long flat roof, finished with a very large rolling metal door which will be similar to an industrial unit which is insensitive to the original building and a complete loss of character to the street scene. The encroachment of the new extension will be closer to her property (within 5m totally), this ignores the regulation under ‘Proximity of Development’ in the SPG, stating that the minimum should be 12m. Along the long wall is her lounge and bedroom and she considered that this will obtrusive and harming the outlook and enjoyment of their property.  The property will be used as a large holiday house accommodating noisy groups and the impact on her property and the whole cul-de-sac. The noise, disturbance and considerable traffic generated will exacerbate the problem on a street where road access is already difficult and where young children live. The SPG is absolutely clear on requirements of extensions. The proposed works are in utter conflict with these. A hugely obtrusive over dominant development will harm this part of the AONB impacting local residents and themselves.

 

The Legal Services Manager read out a statement by Agent/Applicant, in support of the application, which stated that this is the third application presented to the department during the last few months. Following a discussion with the Planning Officer, it was decided that the plan should be completely changed, by taking the first floor off the plans and submitting a one floor plan with flat roof.  Currently, there is a flat roof garage on one side as the intended extension and there is no difference in location or height. The intended extension sits partly on the garage site and extends towards the entrance. The flat roof will be the same height as the original flat roof. Steps have been taken to safeguard the privacy of the neighbouring property by putting a fence between both houses. It must be remembered that planning permission is not needed for a fence but it has shown it is on the plan to ensure that the work is done.

 

The Planning Management Manager outlined the main planning considerations of the application as regard to whether the proposal complies with current policies and whether the development would have any negative impact on the area and neighbouring properties.  The site is a single storey detached property within the development boundary of Aberffraw as defined by the JLDP.  The site lies within the AONB area.  He outlined the proposed scheme for alterations and extensions which include demolition of the existing garage and the erection of two single storey extensions.  The proposed development will remain a single storey and lower than the existing dwelling and is of high quality and therefore it is compliant with planning policy PCYFF 3.  As the dwelling is a four bedroom property, three parking spaces must be provided to comply with requirements of the Highways Authority.  The proposed site plan shows that three parking spaces as required, along with additional space for more vehicles if needed; this complies with the Highway Authority parking standards and policy TRA 2.  As the property is within the AONB and coastal setting, the Ecological Advisor has requested further information regarding outdoor lighting.  All proposed lights are now noted on the plans, and will be downward facing, of low illumination and on a timer to reduce the amount of light pollution and disturbance.  The development site is also located in close proximity to a Special Protection Area (SPA), a Special Area of Conservation (SAC) and a Site of Special Scientific Interest (SSSI).  The Ecological Advisor noted that pollution prevention and mitigation strategies will be required to prevent any waste/run-off/sediment from filtering to the sand dunes and water below the property and a condition will be place requiring the submission of a Construction Pollution Avoidance Plan to protect the surrounding sensitive areas from contamination during construction.  The recommendation was of approval of the application.

 

Councillor Arfon Wyn, a Local Member said that the Fron estate in Aberffraw is a small estate with residents living in the dwellings on a permanent basis.  He referred to the Census results as regards to the Welsh language which has seen a decline in Welsh speakers on the Island.  He noted that the village of Aberffraw has also seen a decline in Welsh speakers due to holiday lets/homes in the area.  He said that the effect on the Welsh language when considering planning applications as is referred to within Planning Act 2015.  He further said that the distance from the neighbouring property to the proposed extension is unacceptable and intrusive.  The AONB will also be effected as regards to wildlife by this development.

 

The Planning Management Manager in response to the comments made by the Local Member wished to clarify that the property is classified as a C3 dwelling, and the applicant has stated that following completion of the development it will remain as a C3 dwelling.

Councillor John I Jones, and a Local Member referred that there are strong objections to the proposal within the Fron estate.  He said that the proposed side extension is within approximately 2.1m of the boundary of the neighbouring property and is 5.7m away from the closest point on the side elevation.  He noted that this is lower than the indicative minimum distances noted in the SPG. He further referred that the bathroom window (which will have obscured glazing) and a bedroom window will be overlooking the neighbouring property with a high timer fence to be erected on part of the boundary.  Councillor Jones considered that the proposal is contrary to planning policy PCYFF 2.  He also considered that there is no adequate parking facility for 3 cars on the site.  Councillor John I Jones proposed that the application be refused contrary to the Officer’s recommendation.  Councillor Ken Taylor seconded the proposal of refusal.

It was RESOLVED to refuse the application contrary to the Officer’s recommendation as the proposal was deemed to be contrary to planning policy PCYFF 2.

 

Councillors R Ll Jones and Robin Williams abstained from voting. 

 

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

 

7.7  FPL/2022/189 – Retrospective application to retain the use of a flat at Bilash, Dew Street, Menai Bridge

 

The application was not considered due to the meeting being inquorate.  The application will therefore be considered at the adjourned meeting to be arranged in due course.

 

7.8  FPL/2022/172 – Full application for conversion, alteration and extension of an existing outbuilding into a rural enterprise workers dwelling together with the installation of a sewage treatment plant at Eirianallt Goch Farm, Carmel, Llannerchymedd

 

The application was presented to the Planning and Orders Committee at the request of a Local Member.  At the meeting held on 2 November, 2022, the Committee resolved to visit the site and a virtual site visit was conducted on 16 November, 2022.

 

Public Speaker

 

Mr Huw Williams, supporting his application, said that he was born and bred on the Eirianallt Goch Farm, however five years ago, the house had to be sold due to a divorce. There was no other option but to sell the house, apart from having to sell some land which would have resulted in the farm becoming significantly smaller and it would affect the agricultural business that his family has worked hard to develop and run for decades. He further said that he is part of the agricultural business and is now a majority partner of the farm and due to his father’s health problems and age he helps on the farm on a daily basis.  As he is currently living in Bangor, and finds it difficult to be available to help out when needed.  He said that it is essential to be living on the farm.  The application is to transform an old farm building into a dwelling house that is similar to what already exists on the farm.

 

The Planning Management Manager outlined the main consideration of the application and he said that the site is located on the farm yard in the open countryside.  The planning history of the planning permissions on the site were included within the Case Officer’s report.  He said that it is evident from the history of the site, that despite the fact that permission was given for an additional dwelling on the farm, Erw Las which was granted on the basis that it was needed for an additional farm worker, it has never been used in this manner since Mr and Mrs Williams (Senior) immediately took up occupancy of the dwelling upon its completion.  The Local Authority might therefore reasonably question whether there had in fact been a genuine need for the second dwelling for an additional worker, and if so, how that additional labour requirement has been met over the past 14 years.  He further said that Eirianallt Goch and Eirianallt Las are dwellings that are part of the farm and for farming use; Eirianallt Goch was sold due to personal reasons and the family has submitted a third planning application for a rural enterprise dwelling.  Therefore, contrary to what is claimed by the applicant’s agent, the planning history is a material consideration as noted in paragraph 4.11.2 of planning policy TAN 6.  In the absence of the ‘secure and legally binding arrangements’ required by TAN 6, there remains uncertainty regarding the delivery of succession process relating to the transfer of the management of the farm enterprise to the next generation and extent of the control exercised or to be exercised by Mr Williams the applicant.  The planning history and the sale of Eirianallt Goch from the holding in 2019 are material considerations which constitute evidence of a lack of need as per the advice contained in TAN 6.  The recommendation is of refusal of the application.

 

Councillor Llinos Medi, a Local Member gave the history of the farming family at Eirianallt Goch to the meeting.  As the applicant is a full time carpenter, he works on the farm in the evening and during the weekends and also during the lambing season as is similar across the farming communities. She noted that Eirianallt Goch had to be sold due to personal circumstances of the applicant, and to secure the agricultural business.  She emphasised that there is now only one agricultural dwelling on the Eirianallt Goch farm.  Councillor Medi referred to the Planning Officer’s report that acknowledges that the proposal does comply with many of the planning policies.  The application site is a farm building on the courtyard of the farm which will be tied into the farming business and the applicant has said that he will taking additional responsibilities for running the farm. 

 

Councillor Geraint Bebb proposed that the application be approved contrary to the Officer’s recommendation as it was considered that the application is compliant with policy as the loss of the agricultural dwelling resulted from divorce and the applicant needs to be living on the farm.  Councillor R Ll Jones seconded the proposal of approval.

 

Councillor Ken Taylor proposed that the application be refused in accordance with the Officer’s recommendation.  There was no seconder to the proposal. 

 

It was RESOLVED to approve the application contrary to the Officer’s recommendation as it was considered compliant with policy as the loss of the agricultural dwelling resulted from divorce; the proposal supported a farming family; and the location of the dwelling near the farm was evidence of the genuineness of the proposal.

 

In accordance with the requirements of the Constitution the application will be automatically deferred to the next meeting to allow the Officers to respond to the reason given for approving the application.

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