Agenda item

Applications Arising

7.1 – FPL/2023/155 – Llwyn Onn, Llanfairpwll

FPL/2023/155

 

7.2 – FPL/2022/186 – Esgobaeth Bran, Llanbedrgoch

FPL/2022/186

 

Minutes:

7.1  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 at the request of a Local Member.  At the meeting held on 6 September, 2023 it was resolved that a physical site visit be undertaken to the site.  The site visit was subsequently held on 20 September, 2023.

 

      Public Speakers

 

      Mr Elfed Roberts addressed the Committee as an objector to the proposal and said that he appreciated that the Committee had undertaken a site visit to the site and to view how dangerous the access is to the A4080 highway.  He said that he would refer to three main reasons as to why the application should be refused.  He noted firstly that safety issues should be considered and said that the Highways Section should have followed their previous decision in 2016 that a condition needed to be included that the A4080 should conform with national standards as regards to splay visibility and as a result the junction is dangerous as it is not possible to see clearly for 70 metres whist driving onto the highway; this is an accident waiting to happen in this location.  Increasing the traffic to the proposed site would endanger more lives.   Secondly, he referred to overdevelopment of tourist development which has already had a negative effect in communities such as Rhosneigr and Moelfre.  He considered that there is no justification for more holiday lets in this area as was expressed in the Community Council who had objected to this application.  He further said that he considered that there are enough holiday lets in the area such as Plas Coch, Parc Eurach, Plas Newydd Cottages and a number of other holiday accommodation; approval of this application would endanger the balance of the area.  In the vicinity of Llwyn Onn, there are 11 permanent residential dwellings with a number of these residents learning the Welsh language.  He expressed that it was essential to develop the Welsh language and this application is against policies in encouraging people to learn the Welsh language.  The number of full-time residences compared to the 24 beds within the holiday lets at Llwyn Onn will result in the character and tranquillity of the area be taken over by people on holidays during the holiday period.  Thirdly, he referred to the strength of the objection to the development by residents of the community as they consider that the proposal will be overdevelopment of the site and will affect the nature of wildlife in the vicinity of the site. The development is mainly to generate income for the applicant who lives in Derbyshire. 

 

      Mr Rhys Davies addressed the Committee as the applicant Agent in support of the application saying that he wished to respond to the comment by the objector as regards to the applicant living in Derbyshire, he noted that the developer Amos Group Ltd., are a registered company on Anglesey who employ 70 local people on a full-time and part-time basis on various development projects across the Island.  During the site visit it was evident as to the high standards of the work of the company and they have invested millions into the local economy and supported local suppliers of building materials for several years.  The applicant fully supports the Officer’s recommendation as regards to the application.  He further said that as was viewed during the site visit this application is for the conversion of a traditional vacant barn which used to form part of the Llwyn Onn farm estate, and it is important that farm buildings are used for the future and a holiday let is the option that planning policies allow at present.  He stressed that the proposal will not result in the loss of existing residential accommodation as sustainable re-use needs to be undertaken.  The proposal does not conflict with Welsh Government’s measures introduced last year which tries to protect existing housing stock being used as holiday accommodation.  He expressed that this application is to create a holiday let that is currently not in use which put less pressure on the housing stock if someone converts a home into a holiday let.  Mr Davies referred that it is acknowledged that there are holiday lets at Llwyn Onn at present, however, these developments were developed as open market dwellings and there are no restrictions nor conditions on these premises solely as holiday accommodation.  He referred that he wished to correct the reference to the ancient woodland noted in the Officer’s report as it should refer as a plantation on an ancient woodland as there is significant differences between the two designations.  The planting of 200 trees and hedgerows will restore the biodiversity of the woodland is proposed.    Mr Davies further said that the applicant considers that the proposal accords to the Development Plan and will deliver significant ecological benefit as regards to the landscape enhancement to the woodland.

     

      The Development Management Manager reported that the site is in open countryside of the Llanfairpwll area in a position set back from the A4080 highway and adjacent to the Llwyn Onn site.  Access is provided via an existing vehicular access which serves the Llwyn Onn site.  Work had been undertaken to the external building, however, following an enforcement investigation the works can be considered as maintenance works and no planning permission was required.  The Case Officer noted that following the site visit trees had been felled but as they are not protected by TPO and are not located in a conservation area, planning permission was not required.  Natural Resources Wales are aware of this matter and are currently investigating the issue as regards to environmental issues which do not relate to the planning process.  He referred that the building is a single storey outbuilding which sits on the edge of a woodland, which is afforded designation as Ancient Woodland.  The rear of the site is defined by open agricultural land.  Views of the site are for the most part obscured from public view, except for the local footpath network which closely pass the site.  The building itself is of single storey stone wall construction, with the mono pitch roof finished in natural slate.  The application is made for the conversion of the outbuilding into a holiday letting unit together with the creation of a parking area.  No additional extensions or external works to the building are proposed as part of the scheme.  The parking area will be located on the opposite side of the woodland, with some 100m of woodchip path linking the parking area and accommodation.   The Development Management Manager further said that 15 letters of objections had been received as regards to the application which were noted within the Officer’s report together with the response to the objections.  He noted that the principle of such a development is assessed against policy TWR 2 of the Joint Local Development Plan as was noted within the report.  In order to demonstrate the suitability of the building, a structural survey was provided by the applicant.  The survey concluded that the building is structurally sound and is suitable for the proposed scheme without the need for any major rebuilding or structural works.  In addressing the concerns as regards to over-development of the site a Business Case was provided which demonstrates the scheme is viable and non-speculative in nature and as such the Planning Authority is satisfied that the scheme would not amount to an over-concentration of such accommodation.  The latest Council Tax figures as regards to holiday lets and second homes shows that the percentage in Llanddaniel Fab is 2.38% which is substantially lower than the threshold of 15% which is identified within the Supplementary Planning Guidance. 

 

      The Development Management Manage further said that the Highways Authority has not raised concerns regarding access or impact on the local highway network as the site will be using the current access to the Llwyn Onn site.  The Ecology Officer and Natural Resources Wales are satisfied with the Ecological Report.  The applicant has afforded a Landscape Strategy Plan which has been included in Condition (03) of any approval of the application with the planting of over 200 trees and 100 metres of hedgerow which will improve the biodiversity of the site together with the erection of bird and bat boxes.  The recommendation was of approval of the application.

 

      Councillor Dafydd Roberts, and a Local Member said that Llanedwen is identified as a Special Area of Landscape and is in open countryside.  There are several old agricultural buildings which have already been converted to holiday lets in the area.  He noted that there is a need for residential properties in the area and planning policies are restrictive in only allowing for the conversion of this proposal into a holiday accommodation which may not be viable in 5 years due to the over subscription of holiday accommodation at present.  

 

      The Development Management Manager responded that he acknowledged that the application site is within open countryside and residential dwelling is not acceptable within the site due to current policies within the Joint Local Development Plan.  The application complies with planning policy TWR 2 and the site is sustainable as there is a footpath near the site to Llanfairpwll and a bus stop near the site. 

 

      Councillor John I Jones said that he considered that there is over-development of such holiday accommodation in the area. He questioned whether it is contrary to policies within the Joint Local Development Plan due to over

Supply of such holiday units.  The Development Management Manager responded that as previously reported that the percentage of Council Tax provision for holiday homes and holiday lets in the area is 2.38% and the threshold identified within the Supplementary Planning Guidance is 15%.   He noted that the purpose-built holiday units at Plas Coch and others in the area are not included within the definition of a second home or holiday let.

 

      Councillor Robin Williams said that when the current Joint Local Development Plan was produced the 15% threshold for holiday homes and holiday let may have been too high and there will be a need to re-evaluate the percentage within the new Local Development Plan in the future.  He said that he sympathised with the objectors to this application, but he was aware that any refusal of the application could result in costs to the Council if the applicant was to appeal the decision.  Councillor Williams proposed that the application be approved.  Councillor Jeff Evans seconded the proposal of approval.

 

      Councillor Dafydd Roberts proposed that the application be refused due to over-development of holiday homes and holiday lets in the area.  Councillor John I Jones seconded the proposal of refusal.

 

  Following the vote of 5 in support of the application and 3 against:-

 

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

 

7.2  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 presented to the Planning and Orders Committee at the request of two Local Members due to local concerns.  At the meeting held on 6 September, 2023 it was resolved that a physical site visit be undertaken to the site.  The site visit was subsequently held on 20 September, 2023.

 

      Public Speakers

 

      Ms Catrin Owen addressed the Committee as an objector to the proposal and said that she was representing the 123 objectors who oppose this application.  She said that in an ideal situation the community would support such an enterprise by a local family but unfortunately there are valid reasons that have been ignored during the consultation process that should be addressed.  Questions have been raised as to whether it is an essential development.  The main concerns are the junction of the A5025 into the development and a journey of two miles along a rural and narrow road.  The planning regulations clearly state that such development should be accessible, and she questioned whether two miles on a rural road is acceptable.  The proposal is contrary to planning policy TWR 5 as noted in the report at point 5 (Page 108) that the development should be accessible from a main highway network without harming significant landscape characteristics; therefore, why is two miles along a rural road acceptable in this application when a similar development was refused in Gwalchmai.  TAN 13, point 11 at page 2 also states that Local Authority must evaluate the effect of the development on neighbouring roads.  It was considered that detailed assessment has not been considered as to the concerns of the residents as regards to the development.  Questions have been raised as to what will happen when two cars with caravans will come towards each other and where will they be able to pass each other.  She questioned whether cars would have to travel along blind bends for over 300 metres.  Ms Owen said that the two local Community Councils have put valid reasons why they are concerned as regards to the rural road, and it was considered that this has not been recognized within the Officer’s report.  TAN 18 – Transport (page 24) that the local users of the road should receive adequate attention.  The local residents using the Lon Gwenfro on a daily basis; however, it is a dangerous one-track road with blind bends and the lack of passing bays; there is no footpath nor side-road.  Ms Owen said that it is difficult to promote active and sustainable travel on Lon Gwenfro as residents must use their vehicles in this area.  The Joint Local Development Plan states that a development must be 800 metres of the Transport Plan to be acceptable.  The nearest bus stop is over a mile from the site with which travels to the town of Llangefni twice a day.   Ms Owen urged the Committee to consider the local concerns seriously that the Lon Gwenfro road is not suitable for such a development proposed.  She referred to an application considered by the Planning and Orders Committee over three years previously that a car towing a caravan/trailer is going to have a detrimental effect on the road network. She questioned why is it considered acceptable as regards to this application for vehicles to tow caravans on such a narrow road.

 

Mr Berwyn Owen addressed the Committee as the applicant Agent in support of the application saying that the proposal is a minor application for a small caravan site with 14 pitches; this an opportunity for a local family to take advantage of the tourism industry which exists on Anglesey.  The application was presented to the Local Authority in July 2022, together with a Traffic Management Plan which included a record of the speed of cars and the number of cars using the Lon Gwenfro road.  Several additional information was submitted thereafter following discussions with the Planning and Highways Officers. In August 2022, the Highways Authority expressed following consultation that they had no objections to the application as the applicant has afforded sufficient evidence that the development will not have a detrimental effect on the highways network.  However, after 5 months the Highways Authority requested that 4 passing bays needed to be created despite having said earlier that they had sufficient evidence to support the application.  Following a site meeting on the site between the Highways Officers of the Local Authority, the applicant, Highways Consultant, and a Planning Officer it was agreed that 4 passing bays would be created and once again the Highways Authority confirmed that this was acceptable.  He further said that the main reasons for the delay in considering the application were the sewerage and ecological issues.  Mr Owen referred to the objector’s comment that an application in Gwalchmai had been refused by the Planning and Orders Committee recently; the developer has appealed the decision and there are potential costs resulting from any approval of the appeal process. 

 

The Development Management Manager reported that the application was advertised by posting letters to neighbouring properties and at the time of writing the report 56 web comments had been received and 67 formal letters.  A petition containing 34 names together with a video showing the difficulty of a car towing a caravan encountering other vehicles such as cars and a tractor and trailer and photographs of the road.  19 further emails from 6 different persons together with 7 web comments have been received following publication of the agenda for the meeting.  The Development Management Manager said that an accident occurred on the Lon Gwenfro road last night.  The concerns as regards to the development are highlighted within the Case Officer’s report together with the responses. 

 

The Development Management Manager said that he would refer to the main planning consideration of the application in respect of planning policy considerations, highways and sustainability, landscape and ecology issues, drainage, effect on nearly amenities and the use of agricultural land.  These main planning considerations were highlighted within the Officer’s report to the Committee.  He noted that the proposal complies with the requirements of Policy TWR 5, the site has a choice of travel modes such as public rights of way and a bus stop within walking distance of the site.  The Highways Department has confirmed that they are satisfied with the access, the additional traffic using the road and the passing places identified as part of the planning application.  It is not considered that the proposal would have a negative impact upon the landscape, or any protected sites listed within the report as there will be no hardstanding provision on the site and grazing of the agricultural land can continue once the holiday season comes to an end.   The proposal provides biodiversity gain in accordance with the Environment Wales Act 2016.  There are no immediate residential properties that would be affected by the development due to the distances achieved between the site and the intervening uses, such as the road, trees and hedges and the topography of the land.  It is considered that the proposal complies with relevant planning polices and the recommendation was of approval of the application. 

 

Councillor Margaret M Roberts said that whilst the application site is not within her electoral ward, the road towards to site is wholly within her ward.  She expressed that she could not understand as to why the Highways Authority consider that the Lon Gwenfro road is suitable to tow caravans as it is totally inadequate. She said that the Officer’s report refers that there has been no accidents recorded on Lon Gwenfro but she is aware that a number of accidents occurred on this work, but they have not been recorded as they are ‘knock-for-knock’ accidents.  The road leading to the village square of Llanbedrgoch is narrow and this road is inadequate to have more traffic travelling along it.  The turning into Lon Gwenfro would be a challenge for vehicles towing caravans due to their size and some with limited experience in towing caravans.  Councillor Roberts further expressed that it is evident as to the number of letters of objection received by the Planning Authority that there is strong concerns by residents who have to use Lon Gwenfro on a daily basis as there is significant shortage of passing places on this road. 

 

The Development Management Manager responded that he appreciated the concerns of the residents as regards to the highway network towards to development site.  However, the Planning Authority must deal with application in accordance with planning policies.  The applicant has afforded a Transport Survey and Speed Survey which resulted in evidence that the road has limited use as is any rural road in Wales.  The Transport Statement confirms that there has been no recorded accidents or near misses along the single land highway leading up to the application site in the last 10 years.  The applicant will provide 4 passing places as part of the application and the Operational Travel Plan submitted with the application refers that the touring caravans will have staggered arrival and departure times which will negate the possibility of two touring caravans coming towards each other on the lane. 

 

Councillor Paul Ellis, a Local Member said that he has received considerable concerns from residents, mainly regarding to rural road leading to the application site.   He said that the only road access to Esgobaeth Bran is from Talwrn and through Llanbedrgoch along narrow roads; the roads are unsuitable for the towing of caravans with no pavements and some sections are prone to flooding.  The proposed caravan site will attract extra traffic to the area; the nearest bus stop is over a mile away and the nearest main road is over two miles away.  The unavailability of shops and restaurants near the site will entail people having to travel along the narrow lanes from the site.  He further said that during the site visit to the site the minibus had to reverse on numerous occasions when cars having to pass each other; this is evidence of the unsuitability of the road to accommodate caravans and large vehicles.  The Highways Authority has only identified the need for 4 passing bays to the application site.  He noted that both the Llanddyfan and Llanfair-Mathafarn-Eithaf Community Councils have objected the application. 

 

Councillor Non Dafydd, a Local Member reiterated the concerns of residents as regards to the road towards Esgobaeth Bran and it is the residents that are familiar with the narrowness of the roads and areas which are prone to flooding; some of the walls have fallen into the river near one of the designated passing places.  She said that the Caravan Club has opened a caravan site recently along the Lon Gwenfro road.  She referred to the reference made that staggered arrival and departure times will negate the possibility of two touring caravans coming towards each other on the lane.  However, she was uncertain whether this statement is correct as it is impossible to say if two caravans will not come towards each other on the lane.  Councillor Non Dafydd further said that the lack of passing places and sharp bends on the lane will make it difficult for towing caravans to access the site.  She expressed that the Committee needs to listen to the concerns of the residents and to consider the unsuitability of the narrow lane toward the site.

 

The Development Management Manager responded to the comments of the Local Members and firstly referred that the Caravan Club which does not require planning permission for a caravan site of up to 5 caravans. He further said that the application has been submitted since July 2022 and detailed discussion have been undertaken between the Highways and Planning Authority.  The Highways Authority has identified the need for 4 additional passing places and the applicant had initially identified 15 informal parking places during discussions with the Highways Authority.   He noted that it was acknowledged that over 100 objections have been received as regards to this application but not all the objections are from local residents. 

 

Councillor Jeff Evans ascertained as to the driving/reversing distance between the four passing places.  The Chair responded that any specific details need to be requested before the commencement of the meeting so that Officers are able to prepare and provide the Committee with the required information.

 

Councillor Robin Williams said that during the physical site visit to the application site the minibus had to reverse on numerous occasions, and it was evident that the narrow rural road leading to the site is inadequate for cars towing caravans.  Councillor Williams proposed that the application be refused contrary to the recommendation of the Officer’s as the road is unsuitable for such a development.   Councillor Liz Wood seconded the proposal of refusal of the application.

 

It was RESOLVED to refuse the application contrary to the Officer’s recommendation of approval as it was deemed that the highway network to the site was not acceptable.

 

(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).

 

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