Agenda item

Applications Arising

7.1 FPL/2024/64 - Tyddyn Dylifws, Tyn y Gongl

FPL/2024/64

 

7.2 FPL/2024/40 - Anglesey Golf Club, Station Road, Rhosneigr.

FPL/2024/40

 

7.3 FPL/2023/15 – Haulfryn, Scotland Terrace, Bodffordd

FPL/2023/15

 

7.4 FPL/2024/66 - Bryncelli Ddu, Llanddaniel

FPL/2024/66

 

Minutes:

7.1 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, track, and parking areas at TyddynDylifws, Tyn y Gongl

 

The application was presented to the Planning and Orders Committee at the request of a Local Member. At its meeting held on 24 July 2024, the committee resolved to refuse the application contrary to the Officer’s recommendation the reason being that it was deemed to be contrary to criterion 7 of Policy TAI 13.

 

The Planning Development Manager addressed the reason given for the Committee’s refusal of the application at its 24 July meeting by reference to criterion 7 of Policy TAI 13 (Replacement Dwellings) which states that outside development boundaries, the siting and design of the total new development should be of a similar scale and size and should not create a visual impact significantly greater than the existing dwelling in order that it can be satisfactorily absorbed or integrated into the landscape. In exceptional circumstances a larger well-designed dwelling that does not lead to significant greater visual impact could be supported.

 

While the proposal would lead to a dwelling which is approximately 129% larger than the existing dwelling, it is of a high-quality design and the use of high-quality materials such as stone cladding, wooden panels, and natural Welsh slate which along with appropriate landscaping would be an improvement on the existing dwelling and would fit in well with the landscape. The existing dwelling with its rear two-storey flat roof extension does not blend in with the general form of development in the area. Although larger in scale and size due to its extending into the attic space, the proposed replacement dwelling sits broadly on the same footprint as the existing dwelling and as such it is not considered that it will lead to a significantly greater visual impact than the dwelling in situ. The application site is not located within the Area of Outstanding Natural Beauty or Special Landscape Area and is visible only from a short distance. As the proposed dwelling is only 2m higher than the adjoining property it cannot be reasonably concluded that its visual impact will be significantly greater than that of the existing dwelling. Therefore the recommendation remains to approve the application.

 

Councillors Margaret M. Roberts and Ieuan Williams spoke as Local Members to reiterate their objections to the proposal on account of its scale and size it being significantly larger than the existing dwelling and, in their view, out of keeping with the surroundings and landscape and therefore at odds with the fundamental principle of criterion 7. Neither did they believe that exceptional circumstances applied in this case that would allow the proposal to be supported. The proposal is double the size of the original dwelling and is situated in the countryside. Councillor Williams said that he had no issues with the replacement dwelling policy as some structures because of their condition, are incapable of being restored as long as the replacement dwelling is of a similar size and scale to that which it is replacing. The Council has faced criticism and negative publicity for allowing large scale dwellings and this loophole generates a bad name for the Council in the press. He believed that the proposal would have a negative effect on the amenities of nearby residents and that moreover the original application referred to reconfiguring the adjoining property of Gwnus and to letting it which he feared might become a second home. He referred to the Article 4 Direction which he believed the Council needed to consider because of the impact of holiday lets and second homes on the Island’s communities. Both Councillor Roberts and Councillor Williams asked the Committee to adhere to its previous decision of refusal.

 

In responding to the Local Members’ comments, the Planning Development Manager re-stated that criterion 7 of Policy TAI 13 allows for a larger well-designed dwelling that does not lead to a significantly greater visual impact to be supported. The proposal in its location is not widely visible and neither is it in an Area of Outstanding Natural Beauty nor a Special Landscape Area. The Council has previously lost a number of such cases on appeal. These are not loopholes but planning policies and applications have to be considered against those policies. The Isle of Anglesey County Council has not at present decided to implement the Article 4 Direction in its area and therefore Gwnus can be used as a primary or second home or holiday let.

 

Councillor Alwen Watkin referred to the ambiguity around the phrase “exceptional circumstances” and thought that the proposed dwelling is a monstrosity. She proposed that the application be refused as incompatible with the landscape of which it is part. The proposal was seconded by Councillor Geraint Bebb.

 

In response to a question by Councillor Jackie Lewis regarding the proposal’s visibility relative to its setting and the increase in scale allowed, the Planning Development Manager advised that the SPG notes as guidance that replacement dwellings should not be more than 20% larger in scale. The proposed dwelling is 3m higher than the existing dwelling but given its surroundings it is not considered that it will have a significantly greater visual impact than the existing dwelling which is in a poor condition as confirmed by the structural survey.

 

Councillor Jackie Lewis said that although she did not favour large scale dwellings and felt the Committee was constrained by existing policies, based on what she had heard she proposed that the application be approved in accordance with the Officer’s recommendation. The proposal was seconded by Councillor Jeff Evans who said that he did not have any problem with the proposed development as being in an open area and having minimal impact on properties local to it and the communities around it with no highway issues arising.

 

In the ensuing vote, five voted to approve the application and five voted to refuse it. The proposal to approve the application in accordance with the recommendation of the Officer was carried on the casting vote of the Chair.

 

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

 

7.2 FPL/2024/40 – Full application for the use of the existing yard 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 the Local Members. At its meeting held on 5 June 2024, the committee determined that a site visit be undertaken and this subsequently took place on the 19 June 2024. At the meeting held on 24 July 2024, the committee resolved to approve the application contrary to the Officer’s recommendation on the grounds that the club is in financial difficulty and will be lost if the proposal is not approved which will result in the loss of jobs, the proposed landscaping works will improve the visual appearance of the locality and because it was considered that the site is not located in an open countryside location.

 

The Planning Development Manager in addressing the reasons cited for approving the application contrary to the Officer’s recommendation confirmed that evidence of the club’s financial position and the financial difficulties it is facing due to increased costs have been submitted following the committee’s July meeting and the Planning Service is satisfied that sufficient justification has been provided to show that the club’s financial future would be ensured through diversification. Notwithstanding, the application has to be considered on its planning merits and primarily, the proposal’s landscape impact and its compliance with current policies. With regard to the proposed landscaping works, although the  information provided in support of the application states that those works will be established within 5 years, the Council’s Senior Planning Officer (Landscape and Trees) having reviewed the documentation is of the view that the planting proposed to mitigate the development would take 10 to 15 years to establish properly on a normal site and its growth would be affected by the site’s open setting and exposure to high winds and salt air meaning the development would be visually obtrusive for a prolonged period of time. However, should the committee be minded to approve the application it is recommended that appropriate landscaping conditions be included to ameliorate the proposal’s visual effects. In terms of the site’s location, the site lies 150m away from the development boundary of Rhosneigr and therefore in planning terms is within an open countryside location as defined by Policy PCYFF 1. Following the committee’s July meeting the applicant’s agent was asked to provide details of the parking provision for additional vehicles during events and functions should the site be developed as proposed. The applicant’s agent has confirmed that parking would be available near the practice area in the field to the rear of the application site and is sufficient for those times when the club is hosting occasional events, competitions and concerts and does not require a permanent solution. Despite the Planning Service sympathising with the club’s situation and acknowledging its value as an asset within the community, this does not overcome the planning concerns in relation to the application and the recommendation remains one of refusal.

 

Councillor Douglas Fowlie spoke as a Local Member to say that the committee’s members having visited the site will be aware that it is not in the open countryside although he recognised that officers are governed by how that is defined in planning policy. The site is surrounded by caravans, and there is a builder’s yard, residential dwelling, sports club as well as the clubhouse, in the area. Parking concerns have been addressed so there are no highway issues arising. As regards policy, Councillor Fowlie referred to the policies which he thought relevant to the application as being PS1 (Welsh Language and Culture) which are thriving in the club supported by events and social activities; PS4 (Sustainable Transport Development and Accessibility) in promotion of tourism; PS6 (Alleviating and Adapting to the effects of Climate Change) – although it will take time for planting to establish that is the case with anything and if everyone took that attitude then no one would  bother with anything; PS13 (Providing Opportunities for a Flourishing Economy) – the activities and events hosted by the golf club and its usage by local people promotes health and social wellbeing; AMG 5 (Local Conservation and Biodiversity); TRA 2 (Parking Standards) and TRA 4 (Managing Transport Impacts) – the Highways Service has raised no objections to the development. The main issues with regard to the application at the committee’s July meeting were its location which he considered was not in open countryside and nothing in that regard had changed since July, and parking which has been addressed. He thought it impossible not to approve the application and he thanked the committee for its judgement in doing so at the July meeting.

 

Councillor Neville Evans also speaking as a Local Member and Portfolio Member for Leisure said that of those who had contacted him about the application only one person had raised objections with dozens having congratulated the committee for supporting the application and for recognising the club’s importance to the local area. He referred to the historical significance of the golf club and its integral part in the tourism of the area and said that he would not be taking his portfolio responsibilities seriously if he opposed something that was part of the Island’s leisure and tourism offering. He too questioned the designation of the location as being in open countryside and like Councillor Fowlie referred to the various facilities and development in the application site’s locality and to the site’s being surrounded by caravans. The application forms part of the golf club’s approach to addressing its financial difficulties which includes diversification to bring in additional income to secure its future. He proposed that the Committee reaffirm its previous decision to approve the application contrary to the Officer’s recommendation and was supportive of authorising the officers to discuss appropriate conditions with the applicant.

 

In responding to the Local Members’ comments and the policies cited, the Planning Development Manager said that he could not see how the siting of storage containers would help tourism and that the proposed planting of trees despite taking some time to establish is especially important in mitigating the visual effects of the proposal. He reiterated that being outside the development boundary of Rhosneigr the proposal is considered to be in open countryside in planning policy terms. In acknowledging that the area is recognised for tourism he suggested that the siting of 44 containers in this area would introduce an industrial element to the area and might detract from the tourism offer.

 

Councillor Jeff Evans said that the golf club supports health and well-being, the community as well as tourism and that he was aware of a speaking event held recently at the club which was fully attended and had been very well received; those events would not happen should the committee reject and turn aside a club like this. He questioned whether the committee wanted to be seen as contributing to the demise of the golf club when it should be supporting such ventures. As previously shown by other speakers the club cannot be considered to be in open countryside even though planning policy may designate it as such, and that parking issues have also been addressed and overcome. He therefore seconded the proposal to approve the application.

 

Councillor R. Llewelyn Jones thought that that the arguments put forward by the Local Members as well as the officers were persuasive but he questioned what would happen if every business facing financial difficulties sought to keep the business going by siting containers on their premises. He thought that there were other ways of running the business and of helping the golf club than putting containers on site and that the golf club’s business is running the golf club not filling containers. He questioned why the golf club is in financial difficulties and whether its charges are too high. The officers have made the point that the proposal will not fit into its environment and that the end result should not be to build an industrial estate in Rhosneigr. He proposed that the application be refused in accordance with the Officer’s recommendation and was seconded by Councillor Trefor Lloyd Hughes, MBE.

 

The Planning Development Manager clarified that the golf club is well run and well managed and that the difficulties it is facing are due to a significant increase in costs including staffing and maintenance costs. The club is very popular and its fees are reasonable. The Planning Service has assessed the application from a planning perspective only and specifically the visual impact of the proposal on the landscape and surroundings.

 

In the ensuing vote on the application, the proposal to reaffirm the Committee’s previous decision to approve the application contrary to the Officer’s recommendation was carried by seven votes to three.

 

It was resolved to reaffirm the Committee’s previous decision to approve the application contrary to the Officer’s recommendation for the reasons given and to authorise the Officers to impose planning conditions on the consent as appropriate to include conditions with regard to landscaping works to ameliorate any visual impact.

7.3 FPL/2023/15 – Full application for the erection of 15 affordable dwellings, creation of a new vehicular and pedestrian access and creation of internal access road and associated works on land adjacent to Haulfryn, Scotland Terrace, Bodffordd

 

The application was presented to the Planning and Orders Committee at the request of Local Members due to local and highway safety concerns. At its meeting held on the 24 July 2024 the committee resolved to undertake a site visit and this subsequently took place on 15 August 2024.

 

Public Speaker

 

Sioned Edwards, Cadnant Planning spoke for the application and referred to the planning merits of the proposal in terms of its compliance with policies, affordability and in meeting an identified and proven housing need in the area. A mix of housing is proposed with the majority comprising of two-bedroom houses and bungalows with one five-bedroom house to meet the specific needs of one family.

 

She spoke of the local concerns raised during the PAC period in relation to traffic issues specifically, visibility splays and the bus stop. Following further discussion with both the Highways Department and the Planning Officer changes have been made with regard to the bus stop and the scheme has been amended to reduce and reorientate unit 12 at the front of the site. These changes have improved the proposal and ensure that the amenities of the residents of Maes yr Orsedd are safeguarded in compliance with the SPG in relation to the design and setting of new development. Ms Edwards asked the committee to approve the application on the basis that it complies with both local and national policies and because it contributes towards addressing the need for affordable housing in Bodffordd.

 

The Planning Development Manager described the location of the proposal and confirmed the principle of residential development as referred to in the Officer’s report, and cited Policy TAI 4 and Policy TAI 16 as applying to the application. Policy TAI 16 supports proposals for 100% affordable housing on sites immediately adjacent to development boundaries that form a reasonable extension to the settlement providing they are small scale and are proportionate to the size of the settlement unless there is a demonstratable requirement for a larger site. A Housing Need Survey conducted in 2020 found there was a need for affordable housing in Bodffordd with particular demand for two- and three-bedroom properties for social or intermediate rent, the need having also been corroborated by the Housing Service. The housing provision in Bodffordd the details of which are provided in the Officer’s report would not be exceeded by the proposed development and is therefore compliant with Policy TAI 16. The Housing Service has also confirmed that the proposed housing mix is acceptable and meets local needs as per Policy TAI 8.

 

The main concerns locally regarding the proposal are in relation to highway safety given that Bodffordd is a busy village with a volume of traffic flowing through it with the local primary school situated close to a nearby junction. The Highways Service has raised no objections to the scheme confirming that visibility splays are sufficient and that the parking provision for the development is appropriate. Consequently it is not considered the proposal will directly exacerbate the existing traffic situation. The bus stop is to be re-located some 2.5m towards Capel Sardis and will be re-orientated to ensure a clear visibility splay in exiting the proposed development site. The site is considered to be in a sustainable location being in the centre of the village and close to a bus stop. Should the application be approved, a section 106 agreement will be required to secure the affordable housing provision as well as a financial contribution of £73,542 towards Ysgol Bodffordd and £4,623.03 for the provision of a children’s informal play space and equipped play spaces. The distance between the proposed development and nearby properties is acceptable and a 2m fence will be erected to ensure that residential amenities are preserved. While drainage and flooding concerns have also been expressed, Dwr Cymru and Natural Resources Wales have raised no objections to the proposal which will in any case require SUDS approval. Although 31 letters of representation have been received as well as 4 online comments citing a number of concerns it is considered that the proposal has addressed those concerns and the recommendation is therefore one of approval subject to planning conditions and financial contributions and to authorising officers to amend and/or add to the conditions as necessary.

 

Councillor Non Dafydd spoke as a Local Member and referred to her familiarity with the area and village. She said that three public meetings had been held in Bodffordd because of concerns about the application which she and Councillor Dylan Rees had attended. Heavy vehicles from Gwyndy quarry, farming vehicles as well as local vehicles and school traffic pass regularly in addition to buses collecting pupils and students for secondary school and for Coleg Menai. Councillor Non Dafydd referred to particular concerns regarding the access to the proposed development and she questioned the wisdom of siting it in such a hazardous location on a busy highway between two junctions.  A popular electrical shop is also located in the area and makes and receives large deliveries; customers to the shop as well as visitors to Scotland Terrace park their vehicles forward facing with the rear of their vehicles hanging over the white line denoting the highway. She said that during the site visit she took a number of photos to show that every passing vehicle large or small had to go into the middle of the road across the broken white line to get by the vehicles parked outside the electrical shop which is not unusual and is a daily occurrence. The addition of 15 new houses will lead to more vehicles and people in the area meaning she could not support an application in an area with so much heavy traffic and no proposed pedestrian crossing and no additional parking provision to alleviate parking issues in the village. She referred to issues with the re-location and reorientation of the bus stop and said notwithstanding the need for housing, new development should be in appropriate and safe locations. With vehicles parking in every corner of the village bollards have had to be placed on the pavement to stop vehicles mounting the pavement on turning at the junction. She asked the committee to consider public safety and to refuse the application.

 

Councillor Dylan Rees, a Local Member read out a statement by Barbara Rowlands setting out the concerns and objections of Bodffordd residents living close to the proposed development. These were in relation to the road and entrance directly on to the very busy B5109 which is made more difficult by vehicles parked along Scotland Terrace to the south and high street to the north; lack of visibility to the north and speed of traffic, and the number of heavy lorries and farm vehicles which would not be able to brake easily. Although the Highways Service has said that there have been no accidents in the area in the last few years Bodfordd residents are aware of a trailer tipping onto a parked car, walls damaged and a moped badly damaged after a hit and run accident. The site entrance is close to school pick up points with children milling around, and crossing the road is hazardous; extra vehicles from the new development is not going to help the situation. With regard to housing need, although it has been said that there is a proven need for affordable units in this location only one from the 43 applicants for housing in the Bodffordd area specifies Bodffordd as a first choice with people from the locality preferring Llangefni for its facilities. Additionally, the bus service has been severely curtailed from when the plans were drawn. Further concerns relate to drainage and the risk of flooding to some bungalows in Maes yr Orsedd; sewerage works are old raising questions about their capacity to cope with the new development. The proposed 2m fence on top of the height of the land will create a boundary of 3 to 4m affecting the light and direct sunlight to Maes yr Orsedd bungalows. The land is described as Grade 2 agricultural land and is more important for farming than housing development. The committee is asked to refuse the application on the basis of these concerns.

 

Councillor Paul Ellis, also a Local Member said that although he was originally against the application, he had changed his mind since the closure of the primary school in Talwrn and its impact on the local community. He thought it important to keep communities alive and to keep families within those communities. Housing is in short supply especially in villages and he was therefore of the view that the proposal should be approved and that communities need to be preserved and families helped to stay within them.

 

In responding to the issues raised by the Local Members, the Planning Development Manager advised that it is important to note that it is not the responsibility of the proposed development to alleviate existing impacts in the village by providing additional parking provision for example which is matter that should be addressed separately with the Highways Service. The proposal provides visibility splays and parking provision that are appropriate for the development and does not of itself add to existing concerns. The location is considered appropriate being in the centre of the village and is sustainable with a bus stop immediately outside the site. There is a proven need for affordable housing in this and other areas as emphasised in correspondence to the Housing and Planning Services from the Welsh Government’s Minister for Housing and Planning with local authorities expected to facilitate efforts to address this need and help meet national targets. While only one of the 43 applicants on the affordable housing register has noted Bodffordd as a first choice there are a further 36 applicants on the Tai Teg register thereby underlining the need for affordable housing in the area. As previously reported the statutory consultees are satisfied with the proposal from a drainage and flooding perspective and no instances of flooding have been recorded in this area. A SUDS approval will be required for surface water drainage. The plans show two water basins on site for foul water as well as a pump.

 

Councillor Jackie Lewis referred to the efforts that had been made to keep the local primary school open in Bodffordd and to the importance therefore of ensuring sufficient homes for local families. While she accepted the need for affordable housing in the area as confirmed by the Housing Service, she asked for further information about the traffic and parking situation in the area and whether a traffic assessment has been carried out.

 

The Group Engineer (Development Control and Traffic Management) advised that as part of assessing the application the Highways Service has assessed the visibility splay from the site access and is satisfied with the scheme considering the 20mph speed limit. The onsite parking provision has also been assessed and found to be compliant with parking standards. The Highways Service is not able to propose that new parking provision be created as part of the application to address the issue of parking generally in Bodffordd. However, on-road parking can be an effective way of reducing traffic speed. The Highways Service is aware of issues at the junction towards Llangwyllog and has put bollards in place to prevent heavy vehicles mounting the pavement. He confirmed that the application is acceptable to the Highways Service.

 

Councillor R. Llewelyn Jones referred to the local concerns around highway safety which he thought were serious and sought assurances both in this regard and in respect of consultation with local members in relation to those concerns and the remedial measures proposed. He felt the committee should be provided with a further report to demonstrate that everything has been done to address the concerns around highway safety.

 

The Planning Development Manager advised that the Planning Service consults with statutory consultees, the community council, local members, and the public on each planning application and listens to any concerns raised. The Highways Service has provided a professional opinion in relation to highway issues and confirms that for this development the visibility splay and parking provision proposed are acceptable. Planning officers consider representations made along with the expert views of statutory consultees and make a recommendation on that basis. He confirmed that a meeting with local members has not been held and has not been requested.

 

Councillor Jeff Evans said that he supported the application based on the need for housing in this area and the Highways Service’s evaluation of the traffic and parking situation. He commented that parking issues can be due to inconsiderate parking and that it is up to drivers to park in such a way that does not cause inconvenience to others as when vehicles are parked forward facing with the rear of the vehicle jutting into the road.

 

Councillor Geraint Bebb proposed that the application be approved in accordance with the Officer’s recommendation and was seconded by Councillor Jackie Lewis. Councillor R. Llewelyn Jones proposed that the application be refused 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 and report subject to the planning conditions set out therein and to the signing of a S106 agreement to secure the provision of affordable housing along with education and open spaces financial contributions. To authorise Officers to amend and/or add to the conditions as necessary.

 

7.4 FPL/2024/66 – Full application for the erection of an agricultural shed at Bryncelli Ddu, Llanddaniel

 

The application was presented to the Planning and Orders Committee at the request of a Local Member due to concerns regarding the scale of the proposal and its environmental impacts with particular concern in respect of the Afon Braint. At its meeting held on 24 July 2024, the committee resolved to conduct a site visit which was subsequently carried out on 15 August 2024.

 

The Planning Development Manager reported that the application is for the erection of an agricultural shed which will be used to house the existing livestock on the farm. The enterprise is primarily involved in milk production with a herd of 1,499 animals. The agent states that 530 of these animals were born on the farm but are currently being reared off farm and will be brought back onto the farm for milking when they come of age. The proposed shed is large in scale with an external footprint of 2220m2 and its dimensions are as noted in the Officer’s report. The agricultural holding itself is very large extending to over 650 acres with another 250 acres of nearby land being rented by the farm. There is limited indoor accommodation for the number of stock held by the enterprise and the area proposed for the shed is already developed with cubicles for cattle. The Planning Service is therefore satisfied that the development is justified and is commensurate with the needs of the enterprise.

 

Given the scale of the proposed shed its visual impact and integration into the wider landscape is imperative to the overall acceptability of the scheme. The location of the application site in a flat plain which is flanked to the east and west by higher wooded ground as well as its setting some 600m back from the public highway means that the shed would not be seen as a dominant feature of the landscape. Additionally the shed will be seen as part of the existing farm complex and will not therefore introduce any new visual impacts or exacerbate existing visual impacts such as to warrant refusal.

 

The main concern locally regarding the proposal was its potential environmental impacts. The scheme will not increase the number of animals on the holding but will better accommodate the existing stock and as such there will not be any increase in pollutants generated by the farm. The area proposed for the shed is already used to house animals and as a loafing yard with cubicles for cattle. The roofing of this area will prevent rain from washing over manure and will improve the farm’s manure management. The application submission was accompanied by details of slurry calculations and storage capacity which were assessed and considered acceptable by NRW which has raised no objections. In light of NRW’s assessment and the proposal’s location and setting in the landscape, the development is considered acceptable and is recommended for approval.

 

Councillor Dafydd Roberts, a Local Member said that his initial concerns regarding the scale and visual impact of the proposal have been allayed by the information presented as the proposal does not involve increasing the number of animals on the farm and so the impact will be reduced. Councillor Alwen Watkin also a Local Member concurred with Councillor Roberts.

 

Councillor Jackie Lewis proposed, seconded by Councillor Jeff Evans 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 planning conditions set out therein.

 

Supporting documents: