Agenda item

12.1 FPL/2023/339 – Full application to change the design of the building together with a retrospective application for the installation of a package treatment plant at the boat store adjacent to Lane Ends, Llaneilian

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

Public Speakers

Mr Dafydd Griffiths, representing the Llaneilian Community Council, objecting to the application, said that the Community Council did not object to the original Boathouse Planning Application linked to the domestic property Lane Ends. It was to be a high-quality boatshed building to include a double height boat storage area and a workshop with a general storage area above. When a building was constructed that did not have the functional attributes that would be expected of a ‘boatshed’ and of very different visual appearance to the plans granted permission, the Community Council objected to both applications that were lodged to retain the changes. The Community Council also made representations during the Planning and Environmental Decisions Wales (PEDW) appeal process. The applicant’s appeal to retain the changes to the original planning application was rejected.

On receipt of the current planning application to change the design the Community Council prepared two detailed response documents. The second document updated the first as more details became available. The document included comments, objections to some specific aspects, areas where changes were acceptable, two condition suggestions and requests for clarifications and assurances. The Community Council made a request to the Planning Department that a copy of the response to the Planning Application be shared in full, rather than in summary, with members of the Planning Committee. The Community Council understands that this is not the normal procedure, and members of the Planning and Orders Committee are only able to see the summary within the Agenda Reports Pack. As a statutory consultee the Community Council are disappointed that the Planning Committee have not had sight of the full version of the document. The Community Council continue to be concerned about two aspects of the proposed design changes - the boat storage area and the access ramp to the building. Whilst in general the summary of the Community Council’s document notes the issues and comments raised the section on the boat storage area does not capture an important aspect of the Community Council’s response.

The Community Council formal response to the Planning Application noted the following:- “Visually having the main door to the boat store space more imposing due to both its height and width was an important feature of the original planning application. In the Community Council’s view any reduction in the height of the main boathouse aperture is unacceptable both visually and functionally as is the removal of the void for the reasons outlined by the planning inspector at appeal.”

The summary does not record that the Community Council quoted the relevant parts of the PEDW appeal decision document to support the Community Council’s objection to this aspect. It is the Community Council's view that the comments of PEDW Inspector Claire MacFarlain in the appeal decision document about the impact on the future use of the Boathouse by the reduction in height of the ‘Boat Store’ aperture and the loss of the void space should be given significant weight by the Officers and Planning Committee when coming to a decision. The planning history of a particular site, including previous application decisions and appeal decisions is a material planning consideration and consistency of decision making is important. The Community Council request that Planning Committee members are provided with the PEDW appeal decision document in order to familiarise themselves with its content before making a decision. Finally, last Wednesday the Community Council became aware of further information about access to the boatshed. The Planning Officer notes in the Agenda Report Pack that: “The site levels on the proposed site plan show a 150mm step from the finish floor level of the building to the site adjacent, with the site sloping gradually in all directions further away from the building. The 150mm step is not considered to impact the use of the building, with the applicant proposing to use a temporary ramp for access. Due to the infrequent use of the building, this is considered appropriate and will allow the building to be used for its intended use as a boat store.” The Community Council asks the Planning Committee to defer making a decision until sufficient date to allow the Members to familiarise themselves with all the relevant information.

Mr Dafydd Jones, applicant’s Agent, in support of the application, referred to the original approval of the building in 2019 under reference 24C352 which was submitted by the original owner of the site. The use that was approved in accordance with the plans was the change of use from a paddock to residential land, the construction of a boat store/garage and a workshop. Since the land changed hands, the new owners have submitted planning applications to change the appearance and internal layout of the building to include a shower room and toilet as well as introducing a private sewer treatment plant so that they can make better and more comfortable use of the building while they attend it. He emphasized that the applicants have never tried to change the use of the building at all in any planning application, their intention is to continue using the building as a boat store and workshop. The external size or volume of the building has not been proposed to be changed in any planning application by the applicants. It is considered that the inclusion of a washroom and toilet in the building is acceptable as the public facilities adjacent are not open throughout the year. The private sewer treatment tank included in the planning application is the smallest tank in terms of size and capacity on the market. By considering that the applicants will be using boats etc. on the sea opposite the site it is feasible that they would need a place to wash within the building after coming out of the water. Since the concerns regarding the use and changes to the building came to light, the applicant and agent has worked closely with the planning enforcement department and the planning officers to try to reach a satisfactory proposal for the building's appearance. The aim of this collaboration is to ensure that the applicant can use the building to its full potential and that the planning department is comfortable that the building is being built as close as possible to what was originally approved and that the building is not going to be used as anything other than boat storage and a workshop. Concerns have been raised by the Community Council regarding the use of the building, the size of the private sewer tank, the steps into the workshop and the number of parking spaces for the building. The applicants fully understand that they are not to use the building as anything other than boat storage and a workshop, the sewer tank is one of the smallest available on the market and the parking area have been moved and the lowest step is necessary to keep surface water out of the building as it is on the coast. The depth of the building of 5.3 metres limits the size of the boats that can be stored in the building which will be dinghies, rib boats and kayaks which do not need large doors to enter the building. Other sailing equipment will be stored in the boat store together with equipment connected to sailing. Sufficient space to turn boats onto a trailer and to park the trailer when not in use is required. The planning enforcement department have accepted that this is satisfactory and have recommended approval of the application. The applicants have received advice and have understood that if they were to use the building as anything other than boat storage and a workshop, the planning enforcement department will issue a notice for to them not to continue said use and they also understand that if they were to submit a planning application to convert the building to anything other than boat storage/workshop in the future, it would be rejected. The applicants understand that they have made a mistake by installing windows and glass doors to the building. They have therefore submitted a fair planning application to change the external appearance of the building to be more like what was originally approved and to include a washroom in the building. They have acknowledged their mistake and have since worked closely with the planning department and the planning enforcement department to reach this reasonable solution.

The Planning Enforcement Manager reported that the application relates to a two-storey detached building located on a parcel of land to the west of the dwelling known as Lane Ends at the edge of the settlement of Llaneilian. Planning permission was originally granted for the boat house in 2019 although the proposal was not built in accordance with the approved plans. Following an enforcement investigation which ultimately resulted in the service of a Breach of Condition Notice, an amended submission was presented in an attempt to regularise the changes. The application was refused however and subsequently dismissed on appeal. The current submission incorporates external amendments which are now reflective of the functional purpose of the building which was originally approved on site. A condition has also been imposed upon any approval granted which would require that all building works are completed within a 2-year time frame. In terms of impact upon residential amenity the principle of development as a boat store has previously been established. Its use as a boat store remains and will have no greater impact than that which was originally approved. Furthermore, no objections have been received in response to publicity afforded the application.

The Highways Authority have raised no objection to the alterations proposed to the vehicular access. This alteration will allow improved vehicular access together with the provision of a new car parking area on site. As a result of the updated advice in Chapter 6 of Planning Policy Wales ecological enhancements have now been secured as a result of the submission and conditions have been imposed a part of any approval granted to ensure that the required ecological measures and landscaping are carried out before the building is first brought into use. Similarly, a condition has been imposed which restricts the use of the building as a private boat store. The recommendation is one of approval of the application.

Councillor Aled M Jones, a Local Member said that there are immense concerns in the Llaneilian area with regards to this application as it is currently not in use and could potentially in the future, be used as a residential annexe. Whilst accepting the planning conditions attached to any approval of the application, he requested that the application be deferred so as to allow for all the information be afforded to the Committee before making a decision as requested by the Community Council. He noted that the applicant has appealed that the windows in the building be restored which was rejected.

The Planning Enforcement Manager said that the Planning Enforcement Section has been at the forefront of the issues at the beginning of the retrospective application. He noted that clay has been removed from the site and disposed of unlawfully onto the beach. Enforcement was undertaken to ensure that the waste was dealt with in the appropriate manner. It came to the attention of the Planning Authority that the adaptations to the building was not in accordance with the approved plans and a breach of condition notice was served. The applicant appealed against the Authority’s decision to retain the adaptations to the building, but PEDW Planning Inspectorate rejected the appeal. The application before this Committee is similar to the original application permitted. The applicant seeks to change the design of the building, making it more akin to its intended use as a boat store. The site levels on the proposed site plan shows a 150mm step from the finish floor level of the building to the site adjacent, with the site sloping gradually in all directions further away from the building. He further said that the new access to the site is acceptable to the Highways Authority, and it is considered that raising the levels of the site will provide adequate access to the boat store.

Councillor Derek Owen, a Local Member said that the concerns of the Community Council need to be considered before making a decision on the application.

Councillor Liz Wood proposed to defer consideration of the application to allow for the Committee to view the PEDW report. Councillor Robert Ll Jones seconded the proposal of deferment.

It was RESOLVED to defer the application to allow for the Committee to view the PEDW report before making a decision.

12.2 FPL/2024/43 – Full application for the change of use of agricultural land to create an extension to the existing cemetery at Y Rhyd Cemetery, Cemaes

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

The Planning Enforcement Manager reported that the application site is located adjacent to the existing cemetery and to the development boundary, which is appropriate in terms of scale, type and is easily accessible by foot, cycle and public transport and therefore accords with the provisions of Criterion i, iv and v of planning policy ISA 2. Whilst it is accepted that the land is classified as Grade 3a agricultural there is an overriding need to provide burial facilities as the current cemetery has limited burial plots available.

Councillor T Ll Hughes MBE proposed that the application be approved, and Councillor Liz Wood seconded the proposal of approval.

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

12.3 VAR/2024/26 – Application under Section 73 for the variation of conditions (03) Ecology, (05) (Landscaping design) and (09) (Approved plans) of planning permission reference FPL/2023/141 (change of use of church into one residential dwelling) (Class Use C3) and one short-term holiday accommodation (Class Use C6) together with erecting a shed/garage building) so as to allow amendment to location of the shed and removing trees to the rear of the building at English Presbyterian Church, Telford Road, Menai Bridge

The application is presented to the Planning and Orders Committee as the original planning application FPL/2023/141 was determined by the Committee.

The Planning Enforcement Manager reported that an arboricultural report has been submitted with the application which has identified that several trees have re-grown from coppiced stools resulting in multi-stemmed examples of poor form. The Ecologist has confirmed that the removal of two trees at the rear boundary of the site is unlikely to have any significant detrimental long term affect to the favourable conservation status of bats in the local area. The applicants are also requesting amendments to condition (09) of the previous approved application with the relocation of a garage and shed to 1m to both east and south boundaries. The overall size of the garage has been reduced to 4m x 7m with an overall reduction in footprint from 30.2 square metres to 28 square metres. An additional hedge is proposed together with two bat boxes installed on trees and two bird boxes on the garden shed.

Councillor Robin Williams proposed that the application be approved, and Councillor John I Jones seconded the proposal of approval.

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

12.4 FPL/2023/181 – Full application for the erection of 6 residential units together with associated development at Shirehall, Glanhwfa Road, Llangefni

The application was presented to the Planning and Orders Committee at the request of Local Members due to local concerns on over-development, the need for these units, lack of parking and access in and out of the site.

Councillor Geraint Bebb and a Local Member requested that the Committee visit the site due to local concerns as to the narrow access to the site.

Councillor Robin Williams proposed that the site visit be conducted to the site and Councillor John I Jones seconded the proposal.

It was RESOLVED that a site visit be undertaken in accordance with the Local Members request for the reasons given.

12.5 FPL/2024/64 – Full application for the demolition of the existing dwelling together with the erection of a replacement dwelling and retention of new vehicular access at Tyddyn Dylifws, Tynygongl

The application was presented to the Planning and Orders Committee at the request of a Local Member due to concerns on the impact of the proposal upon neighbouring residential properties, visual impact, and the scale of the replacement dwelling.

Councillor Ieuan Williams, a Local Member requested that the Committee visit the site.

Councillor Geraint Bebb proposed that the site visit be conducted to the site and Councillor Alwen Watkin seconded the proposal.

It was RESOLVED that a site visit be undertaken in accordance with the Local Member request for the reasons given.

12.6 HHP/2024/56 – Full application for alterations and extensions at 2 Saith Lathen, Ty Croes

The application was presented to the Planning and Orders Committee at the request of a Local Member due to concerns regarding parking, building over drains and over-development of the site.

The Chair said that the Local Members, Councillors Neville Evans and Douglas M Fowlie had requested that the Committee visit the site.

Councilor T Ll Hughes MBE proposed that a site visit be conducted to the site and Councillor Liz Wood seconded the proposal.

It was RESOLVED that a site visit be undertaken in accordance with the Local Members request for the reasons given.

12.7 FPL/2024/40 – Full application for the use of the existing year to site storage containers on land at Anglesey Golf Club, Station Road, Rhosneigr

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

The Chair said that the Local Members, Councillors Neville Evans and Douglas M Fowlie had requested that the Committee visit the site.

Councilor Geraint Bebb proposed that a site visit be conducted to the site and Councillor Robin Williams seconded the proposal.

It was RESOLVED that a site visit be undertaken in accordance with the Local Members request for the reasons given.

12.8 FPL/2024/60 – Full application for the siting of a refreshment cabin at Trearddur Bay Football Ground

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

The Planning Enforcement Manager reported that the application for the siting of a shipping container which will be used as a refreshment cabin at the Trearddur Bay Football Ground is considered to be acceptable in scale, which will integrate with the existing pavilion, having negligible impact on its built surrounding and natural environment due to its high-quality finish. It will provide refreshment facilities for those attending the football ground and will provide biodiversity enhancement and comply with all relevant policies. Two bird boxes will be placed on the container, with any external lighting complying with dark skies requirements.

Councillor T Ll Hughes MBE proposed that the application be approved in accordance with the Officer’s recommendation. Councillor John I Jones seconded the proposal of approval.

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

Supporting documents:

Enclosure CH, item 12. PDF 5 MB