Agenda item
Remainder of Applications
12.1 FPL/2022/186 – Esgobaeth Bran, Llanbedrgoch
12.2 FPL/2023/177 - Plas Arthur Leisure Centre, Llangefni
12.3 FPL/2022/296 – The Lodge, Ffordd yr Ysgol, Llanddaniel
12.4 FPL/2023/143 – Ysgol Gymuned Y Fali, Lôn Spencer, Valley
12.5 FPL/2023/155 – Llwyn Onn, Llanfairpwll
12.6 VAR/2023/36 – Stad y Felin, Llanfaelog
Minutes:
12.1 FPL/2022/186 – Change of use of agricultural land into touring caravan park, change of use of existing building to use ancillary to the caravan park together with the installation of a package treatment plant at Esgobaeth Bran, Llanbedrgoch
The application was reported to the Planning and Orders Committee at the request of two of the Local Members because of local concern.
Councillor Non Dafydd, a Local Member requested that the Committee’s members visit the site in person because of local concerns regarding highway issues. The request was supported by Councillor Paul Ellis, a fellow Local Member.
Councillor Neville Evans proposed, seconded by Councillor Jeff Evans that the site be visited in accordance with the Local Member’s wishes.
It was resolved that a physical site visit be conducted in accordance with the Local Member’s request for the reason given.
12.2 FPL/2023/177 – Full application for the replacement of the existing floodlights on the synthetic turf pitch at Plas Arthur Leisure Centre, Llangefni
The application was reported to the Planning and Orders Committee as the application is on Council owned land.
The Development Management Manager reported that the proposal seeks permission to replace the existing old metal floodlighting system and columns at the Plas Arthur Leisure Centre with new energy efficient modern directional LED lamps to recognised sporting performance standards. The predominant floodlit facility usage will be for football activities at the Leisure Centre. The proposed plans show 8 replacement floodlights at the site of the same dimensions as the existing columns located within the existing rectangular pitch area. The new system will not incorporate columns that are larger or greater in number that those under the current lighting arrangement. No objections to the proposal have been received and the Environmental Health Department has raised no issues following its assessment of the information presented in respect of lighting /illuminance levels which accompanied the application. The recommendation is therefore one of approval.
Councillor Trefor Lloyd Hughes MBE queried whether he should declare an interest given that the proposed new lighting scheme will be used for football purposes in the main and given his own personal involvement with footballing activities. The Legal Services Manager advised that the interest amounts to no more than a personal interest if that and the member could therefore fully participate in the discussion and voting.
Councillor Geraint Bebb proposed, seconded by Councillor Trefor Lloyd Hughes MBE 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.
12.3 FPL/2022/296 – Full application for the erection of solar panels array consisting of two rows of 20 solar panels at The Lodge, Ffordd yr Ysgol, Llanddaniel
The application was presented to the Planning and Orders Committee having been called in by a Local Member due to concern about the impact on the amenities of neighbouring properties.
Public Speakers
Mr David Tudor addressed the Committee as an objector to the proposal saying that the Committee might consider whether it is appropriate to install a solar farm in a garden in a designated residential area when in his experience, they are more usually located on brown field sites or on arable land. This is because they are ugly and detract from the visual appeal of the neighbourhood. For permitted development, the Welsh Office has set a limit of 9 square metres in area for standalone panels in a residential area. This proposal is for 68 square metres which is over seven times more than for permitted development.
With regards to location Mr Tudor highlighted that the applicants have chosen to site the proposed solar farm as far away as possible from their own house so as not to affect their visual amenity but as close as possible to his property. This is despite their having a garden approaching ¾ of an acre or 1 acre if the neighbour’s land is included in the proposal. He referred to the original proposal which sited the panels immediately adjacent to the low stone wall which is the boundary of their properties which would have resulted in a Berlin Wall effect almost 7ft 6in tall and 40 yards long immediately in front of his property. Following his objection, the wall was moved some 8ft or 2.4m away from the boundary. Now the Welsh Office has ruled that for permitted development standalone solar panels over 2m tall should at least be 5m away from a boundary. This rule applies to a solar array of only 9sq.m and yet it seems acceptable for 68sq.m of panels to be installed only 2.4m away from their boundary.
Mr Tudor explained why the small wood was important to him forming as it did part of his garden and comprising a vegetable garden, shed and greenhouse and on the site nearest the applicant’s property a wildlife pond, chicken run, log stores and picnic table. There are pathways and wildflowers and several hours are spent in and around the wood daily. By contrast the only time the applicants venture into this part of their garden is to cut the grass. Hence installing a Berlin Wall of solar panels next to their boundary wall would have a very adverse effect on his visual amenity. Regarding visibility, although the applicants claim that the site is well screened in practice this is made up of deciduous trees so that for six months of the year there will be no screening meaning the development will be very visible.
Mr Rhys Davies, Cadnant Planning spoke in support of the application and stated with regard to the references made by the objector to a Berlin Wall that the applicants could erect a 2-metre-high fence along their boundary without planning permission. The proposal is not for a solar farm but for two rows of 20 solar panels to provide power to the applicant’s property for domestic purposes to power domestic equipment. Objections have been raised by neighbours that the proposed panels would not accord with permitted development within a property’s curtilage. This should not be a reason to refuse the application. Permitted development allows for solar panels to sit at a maximum of 2m in height, the proposed panels would have a maximum height of 2.2m, only 0.2m higher than that allowed by permitted development. The panels would be 2.4m from the nearest boundary wall and are positioned in this part of the site as the best area to capture sunlight. The proposal is supported by Local Development Plan Policy PS7 which seeks to support freestanding renewable energy technology to generate energy including solar. One of the aspired outcomes of national planning guidance Future Wales the National Plan 2040 is for Wales to become decarbonised and climate resistant and the promotion of renewable energy will help achieve this. Therefore, the proposal complies with local planning guidelines regarding impacts on neighbours and the character of the area and should therefore be approved especially as the Council itself declared a climate emergency in 2020 and has taken an ambitious approach to becoming carbon neutral by 2030. Given that the Council is undertaking good work in making progress towards this target why would it want to frustrate the Island’s residents in their own efforts.
The Development Management Manager reported that the application site is approximately 320m outside the development boundary of Llanddaniel Fab within the open countryside as defined by the Joint Local Development Plan. The proposed solar panels will be sited within the northern corner of the residential garden of the property at a distance from the public highway and surrounded by mature trees. The site is large at over 2.5 hectares of land with the area where the solar panels are to be sited amounting to 0.017 hectares forming a small part of the corner of the site. The panels will be 2.4m from the 1.5m high boundary stone wall and in terms of scale they will measure 20m in length, 2.6m in width and 2.2m in height with a surface area of 68.4m square. They will be arranged in two rows of 20 panels one on top of the other supported by an iron structure and each panel will measure 1.7m high and 1.0m wide and together they will generate 9.92kw of electricity which is average for domestic use. Permitted development rights are not material in this case – such rights simply set a threshold for what can be developed without permission. The proposal requires consent and has been assessed on its own merits based on policy. Neither is the proposal a solar farm due to its size and the fact that no electricity will be exported. Trees and vegetation to the Western boundary of the site screen the proposed solar panels from the public road and additional trees/ hedgerow to the Northwest are also proposed as part of the application and will provide additional screening from people using the private access track. The site is surrounded by various trees and is not visible from the highway nor from any other property. The nearest dwelling to the solar panels is Carreg Boeth which is approximately 40m away with trees, private garden and boundary wall between it and the application site. The property of Sgubor Hen is approximately 45m away from the solar panels and is also separated from the application site by trees, private garden, and boundary wall. Although the proposed solar panels are considered large in scale when traditionally such panels are placed on residential dwellings, the existing garden is large enough to accommodate the panels and given the screening provided by existing and proposed trees and hedges and the distance from neighbouring properties, it is not considered that the proposal will result in any negative impact on their amenities. As national and local policies support renewable energy and sustainable sources such as solar panels, the proposed works are considered acceptable and the recommendation is to approve the application.
Councillor Dafydd Roberts speaking as a Local Member queried why in such a large garden the applicants cannot position the proposed solar panels at 5m from the boundary to comply with the distance set within permitted development rights. The visibility of the panels from the public highway is not so much the point as their visibility from the neighbouring property whose occupant makes extensive use of his garden. Moving the panels a further 2.6m away from the boundary and closer to the applicants’ home would not affect the proposal as the panels would not have to be reorientated. Councillor Roberts said that had the proposal been to site the panels 5m away from the boundary then he would not have called in the application.
The Development Management Manager advised that permitted development rights are not relevant in this instance but if someone wanted to build solar panels under permitted development rights, they would have to be 5m from the boundary and 9m square. As that is not the case in this instance the panels can be positioned anywhere within the curtilage of the applicants’ own property. Taking into consideration the height of the panels, the distance from the boundary, the 1.5m high boundary wall and the 40m distance between the proposal and the neighbouring property he did not believe that it would affect the neighbour’s use of his garden. The solar panels would be as visible were they placed a further 2.6m away from the boundary since they would remain the same height. The proposal is in the best place to capture the sunlight and it is not considered that it will have any adverse effects on the amenities of the neighbouring property. In response to a further query, the Officer confirmed that although it is relatively uncommon, this is not the first such application for the erection of solar panels within a residential garden for personal use.
Councillor Jackie Lewis proposed, seconded by Councillor Geraint Bebb that the application be approved in accordance with the Officer’s recommendation. Councillor Dafydd Roberts proposed that the application be refused contrary to the Officer’s recommendation. The proposal was not seconded.
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 FPL/2023/143 – Full application for a new childcare modular building at Ysgol Gymuned Y Fali, Lôn Spencer, Valley
The application was presented to the Planning and Orders Committee as it involves a site which is owned by the County Council.
The Development Management Manager reported that the proposed childcare unit will be sited on an area of scrub habitat around 20m to the north of the school near the existing car park. The building will be a single storey unit with a flat roof sloping from 3.1m to 2.7m in height and it will measure 21.4m in length and 12m in width and will be integrated between the car park and school playing field. Being located within the school grounds and viewed within the context of the existing school buildings it is considered that the proposed scheme will have negligible impacts upon its neighbours in compliance with Policy PCYFF 2. The closest neighbouring property to the proposed unit is around 35m to the northeast with a few other dwellings located around 40m away to the north and east. These are considered ample distances so as to cause no direct overlooking issues. The childcare unit will use the existing public car park to the north of the school which has approximately 20 car parking spaces. The Highways Authority has raised no objections to the development as the parking arrangements are deemed adequate and as the proposal will not affect highway safety. To avoid the loss of playing fields, the proposed building will be located on an existing area of scrub habitat and will require the removal of vegetation and rock excavation. A proposed landscaping plan includes four areas of new scrub habitat to replace that being lost along with a new hedgerow, hibernacula, and the planting of ten new trees. This will provide overall biodiversity enhancement as part of the application in accordance with policy and legislative requirements.
It is considered that the proposed development complies with the relevant policies. It will provide an essential facility for the community of Valley and being of appropriate scale and design it will have no greater impact upon its neighbours than the existing school. Its effects on the AONB and biodiversity are considered negligible because of the enhancements proposed. It is therefore recommended that the application be approved.
Councillor Ken Taylor speaking as a Local Member welcomed the proposed development as it would release a great deal of space in the existing school where the childcare provision is currently located. He highlighted that the proposal derives from Welsh Government grant funding linked to the Cymraeg 2050 Strategy which seeks to achieve a target of a million Welsh speakers by 2050. The childcare unit will be an important asset to the school, the community and the area as a whole and is unanimously supported by the Valley Community Council.
Councillor Geraint Bebb 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.
12.5 FPL/2023/155 – Full application for the conversion of the outbuilding into holiday unit together with associated works at Llwyn Onn, Llanfairpwll
The application was presented to the Planning and Orders Committee having been called in for the Committee’s determination by a Local Member.
Councillor Dafydd Roberts speaking as a Local Member asked that a physical site visit be undertaken due to local concerns about overdevelopment.
Councillor Geraint Bebb proposed, seconded by Councillor John I. Jones that the site be visited in accordance with the Local Member’s wishes.
It was resolved that a physical site visit be conducted in accordance with the Local Member’s request for the reason given.
12.6 VAR/2023/36 – Application under Section 73 for the variation of condition (05) (Road layout and street lighting) of planning permission reference FPL/2020/149 (erection of 8 affordable dwellings together with the creation of a new vehicular access and associated development) so as to change the pre-commencement condition to pre-occupation condition on land at Stad y Felin, Llanfaelog
The application was presented to the Planning and Orders Committee as it is a Section 73 application to vary a consent that was granted by the Committee.
The Development Management Manager reported that condition (05) of planning permission reference FPL/2020/149 requires the applicant to provide information about the proposed road layout and typical construction details based on ground investigation information as well as the location and type of street lighting furniture before the commencement of any development. The variation is sought to amend the wording of the condition so that the details required can be provided prior to occupation rather than prior to the work commencing. The variation is requested so that works may begin on site. As the condition was originally requested by the Highways Authority, the Authority was consulted on the proposed amended wording of condition (05) and has confirmed that it has no objection. As such the Planning Department is satisfied to recommend approval of the S73 application. It is not considered that there is any material disadvantage to the amended wording and it would not affect the requirements of the condition. It is recommended that the application be approved subject to the applicant signing a new Section 106 agreement as a Section 106 agreement was linked to the original application approved by the Committee.
Councillor Neville Evans proposed, seconded by Councillor Geraint Bebb 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 subject also to the applicant signing a new Section 106 agreement.
Supporting documents:
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