Agenda item

Applications Arising

7.1 - FPL/2025/97 - Ponta Delgada, Ravens Point Estate, Trearddur Bay

FPL/2025/97

 

7.2 - FPL/2023/181 – Shire Hall, Glanhwfa Road, Llangefni

FPL/2023/181

 

7.3 - OP/2025/3 – Ty’n Llain, Malltraeth

OP/2025/3

 

Minutes:

 7.1  FPL/2025/97 – Full application for the demolition of the existing dwelling and the erection of a replacement dwelling at Porta Delgada, Ravens Point Estate, Trearddur Bay

 

The application was presented to the Planning and Orders Committee at the request of a Local Member.  At its meeting on the 2 July, 2025 the committee resolved to undertake a site visit, and this subsequently took place on 30 July, 2025.

 

Public Speakers

 

Mr Hayward Milton, objecting the proposal, said that the property, Ponta Delgada, is on an outer corner of Ravens Point, viewed from the sea and in a prominent visible location from the northerly end of Trearddur Bay’s main bay and all the way through 240 degrees to the approaches from Rhoscolyn.  During the site visit it was visible that a number of two storey houses are nearby.  However, this plot was developed as part of the wider Ravenspoint scheme, designed by the award-winning Welsh Architect which stated that all the dwelling houses are to be single storey buildings.  The purpose of the restriction and protection was to make the estate function for the benefit of all, to preserve the natural shape and appearance of the coastline, to serve a wider community and prevent the overly expansive plans of individuals.  Nothing has changed to justify over-riding this planning requirement.  He said that some of the properties have built dormer accommodation into their roof-space and this application would be the first to be a two-storey development.  Ponta Delgada’s corner elevation makes the development most sensitive.  This application has critical potential to reset the boundaries of what is acceptable and release uncontrollable developments and breaking the wider function of the estate and losing the shape of the headland.  The applicant may present the existing property as being two-storey but some storage and bathroom fittings into the roof-space, accessible only by external staircase, hardly makes a two-storey dwelling.  The applicant draws comparison with the two-storey property ‘Lookout’ which is located behind the application site, but this house was excluded from the planning restriction.  He noted that the applicant did not consult with the resident of the estate as regards to this proposal.  The proposal is contrary to the Local Authority’s Planning Guidance Design Guide requirement.  He noted that there has been written objections by several residents as regards to the scale, massing, floorspace and the overbearing impact of the proposed development.

 

Ms Sioned Rowlands, the Applicant’s Agent, in support of the application, said that the application site is located within the development boundary of Trearddur Bay. Planning policy 7 of TAI 13 states that new dwellings do not have to be of the same scale as the current property.  Whilst the proposed development will increase the surface area, the site is a double plot, and a larger dwelling can be accommodated on the site. She noted objections have been raised by the neighbouring properties that only a single storey dwelling should be erected on this estate but there are two-storey dwellings nearby.  The Planning Officer’s have confirmed that within the written report that any new applications submitted for demolition, the single storey restriction from the previous consent has no implication. Many of the dwellings in the surrounding areas as a mix of single and two storey dwellings together with properties on the Ravenspoint Estate.  She further said that the design of the proposed dwelling is of high quality which will integrate into the built environment.  The applicant shared draft copies of the proposal with 19 residents of the estate inviting comments as regards to the application, however no comments were received. 

 

The Planning Development Manager reported that the proposal is for the demolition of the existing dwelling and the erection of a replacement dwelling.  He referred to the Officer’s report as regards to policy considerations, siting and design, impact on adjacent residential properties, Highways and Parking and Ecology, Biodiversity and the AONB.   As the proposal is for a replacement dwelling, the relevant planning policy is TAI 13.  The criteria of planning policy TAI 13 was highlighted in detail within the written report.  He further referred that the existing dwelling is a single storey detached property with loft space in the roof and is located in a coastal location on the cliff edge within the Ravenspoint Estate and has a generous sized plot.  The existing dwelling has a total floor area of around 225m².  The proposed dwelling will be on a larger footprint and will see an increase in length and width as noted in the report.  It is acknowledged that a single storey restriction condition was place on the original consent for the state in the 1960’s, however, as this a new planning application, the condition has no implications.  Furthermore, the estate already has several two storey properties, including the property known as ‘The Lookout’ immediately to the east of the application site and the majority of the properties to the south and southeast across the ravine.  The replacement dwelling has a floor area of approximately 454m², which equates to a 102% increase in floor area.  The application site has ample space to accommodate a larger dwelling.  The Highways Authority has raised no objection due to the size of the curtilage of the property as it has ample space to accommodate the parking requirements to complying with the transport policies of the Joint Local Development Plan. 

 

The Planning Development Manager further reported that the application site is in a sensitive coastal location immediately adjacent to the Anglesey Terns Special Protection Area (SPA), the North Anglesey Marine Special Area of Conservation (SAC) and a designated wildlife site.  Condition (07) will require the submission of a CEMP to ensure no detriment to the designated sites during construction.  All glazing on the western elevation and the roof light will be fitted with Solartek 35 light pollution prevention film to reduce light spill in this sensitive area, whilst Condition (08) will require the submission of a lighting scheme.  Two bird and bat boxes will be installed on the dwelling to provide biodiversity enhancement, in accordance with planning policy AMG 5 and the Environment Wales Act (2016).   The application site is around 390m north of the AONB.  Policy 3.1 of the AONB Management Plan states that all development within and up to 2km adjacent to the AONB will be rigorously assessed to minimise inappropriate development which might damage the special qualities and features of the AONB.  Despite the replacement dwelling being larger and higher that the existing property, it has been designed to a high quality and will integrate into the mixed character of the built environment.  Whilst there have been 15 letters of objection to the proposal which have been included in detail within the written report, it is considered that there is no justification to refuse the application.  The recommendation was of approval of the application.

 

Councillor Keith Roberts, a Local Member, said that the proposal has raised concerns in the village of Trearddur Bay with numerous applications over the last few years submitted for large properties of different designs. He referred that Trearddur Bay is an area within the AONB which needs to be protected.  He further referred that it is unclear as to intended use of the property and whether the applicant will be renting the property or whether it was to be a holiday home as the applicants are property developers with several other properties in the area.  He noted that this could have a detrimental effect on the residents of neighbouring properties. 

 

The Planning Development Manager responded that there is a current dwelling on the site and there will not be an increase of properties around the AONB.  He noted that the intended use of the property is not a relevant planning consideration.

 

Councillor Neville Evans referred to the letters of objection to the application.  He referred to a previous application that was refused on the estate for a second storey extension due to its scale a mass and would be out of character with the existing dwelling in the area.   The Planning Development Manager responded that due to the restricted covenant on the estate the extension of properties to two storey is restricted, however, due this application presented for the demolition of the property the restricted covenant is not relevant to a new building. 

 

Councillor Kenneth P Hughes proposed that the application be approved in accordance with the Officer’s recommendation.   Councillor Dafydd Roberts seconded the proposal of approval of the application.

 

Councillor Robert Ll Jones said that he objected to the application due to the increase of the development of large properties in Trearddur Bay and he considered that properties should be of a similar design and size.  Councillor 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 subject to the planning conditions contained within the report.

 

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

 

The Planning Development Manager reported that the application was reported to the Planning and Orders Committee on the 7 May, 2025 with a recommendation of refusal as the applicant has failed to complete a Section 106 legal agreement.  However, prior to the meeting the applicant requested that further time be given to arrange funds to draft the S106 agreement.  The Local Planning Authority has provided the applicant with a further four months to allow the applicant to make arrangements to fund the S106 agreement.  The Local Planning Authority has no other option but to recommend refusal of the planning application due to the lack of progress to complete the S106 agreement.  The applicant afforded the details of his Solicitor last week and has confirmed through email thereafter that he is unable to fund the costs of the required S106 agreement.  The Planning Development Manager referred that in accordance with planning policy PCYFF 1 (Development Boundaries), proposals within development boundaries are approved if they comply with other policies and proposals in the Plan and National Policies.  The Llangefni housing price area in the plan notes that providing 10% of affordable housing is viable.  As an increase of 6 units are proposed this means that 0.6 of the total new units should be affordable.  There will be a need to provide £50,000 financial contribution towards the affordable element of the application.  The planning approval of the application was undertaken in July 2024, subject to a S106 agreement towards the affordable housing and the need to provide management and maintenance for the embankment wall between the proposed building and Afon Cefni.  Since the matter was approved, the applicant has failed to place funds in place to address the S106 agreement.  The recommendation was to refuse the application for the reasons given. 

 

Councillor Geraint Bebb, and a Local Member propose that the application be refused in accordance with the Officer’s recommendation.  Councillor Jackie Lewis seconded the proposal of refusal of the application.

 

Councill Kenneth P Hughes said that this application was approved in July, 2024 and the applicant has 5 years to start the development of the site.  He noted that there is no policy stating that a S106 agreement must be signed at a fixed date and this is a matter opinion of the Planning Officer’s that the developer has had sufficient time to complete the S106 agreement.   Councillor Hughes proposed that the approval of the application should be remain.  Councillor Jeff Evans seconded the proposal.

 

The Planning Development Manager responded that the application is unacceptable as the applicant has not completed the S106 legal agreement and a contribution towards affordable housing.  Whilst there is no policy fixing a timeframe for agreement for a S106 agreement, allowing an endless period to fund the S106 agreement is unsustainable.  The application is acceptable subject to the S106 agreement being signed. 

 

The Legal Advisor said Local Planning Authorities have a statutory time limit to deal with planning applications and when a S106 agreement has not been completed the Authority is within their rights to refuse the application.  He noted that there is no prospect at present that the required funds are available to enable the applicant to complete the S106 agreement.  The applicant can submit a further application if the required funds are available to sign the S106 agreement.

   

It was RESOLVED to refuse the application in accordance with the Officer’s recommendation.

 

7.3  OP/2025/3 – Outline application for the erection of a dwelling with all matters reserved on land adjacent to Tyn Llain, Malltraeth

 

The application was presented to the Planning and Orders Committee at the request of a Local Member as it was considered that the site is some distance from Cob Malltraeth and is surrounded by several existing properties with no evidence of previous flooding.  At its meeting of the Planning and Orders Committee held on 2nd July, 2025 the Committee recommended a site visit, and this subsequently took place on the 30 July, 2025. 

 

Public Speaker

 

Mr Phil Jones, in support of the application, said that he was a Drainage and Flood Risk Management Consultant, and he complies Flood Consequence Assessments for development within Flood Risk Areas which shows where flood risks can be managed.  He referred to the application and noted that the proposed dwelling is between other properties and would be an infill development.  He considered that there are no reasons as to why this proposal should be refused.  The site has been subject to two previous applications.  The first application was submitted in 2006 which included a Flood Consequence Assessment and was approved without any objections from the Environment Agency who were the former Flood Risk Authority.  The second application was submitted in 2019, which was approved and NRW had submitted no significant objection to the proposal.  However, both applications were not acted upon, and the approval has expired.   Mr Jones referred to the current application with NRW objecting to the proposal as they deem that the application site is in a flood zone, however, the site is on a slopping level as was viewed by the Members on the Site Visit recently.  NRW also raised concerns as regards to the access to the site; the applicant has a rear access to the site if there was a flood near the site.  Thereafter, NRW requested a Breach Analysis of the Cefni River flood banks; this was considered dispassionate as regard to the development.  He noted that if there was a breach of the flood banks the whole of the northern side of Malltraeth Marsh would need to be under water if it was going to be anywhere near the proposed development site.  

 

The Planning Development Manager reported that the application site is located within a C2 flood zone of the Development Advice Map contained in the previous TAN 15 (2004) and is within Flood Zone 3 Seas in the Flood Map for Planning contained in the updated TAN 15 in April 2025.  However, the Ministerial Written Statement dated 31 March, 2025, which accompanied the publication of the new TAN, confirms that there will be a transitional period for its implementation, specifically, planning applications that were submitted and registered before the publication of the new TAN such as this application, and shall continue to be assessed against the previous version.  The site is in a residential area with a neighbouring properties in the vicinity, Tyn Llain to the southwest and Llys y Wennol to the northeast and the properties on David Street to the northwest.  The proposed dwelling is considered appropriately scaled dwelling that would comply with planning policy PCYFF 3.  Whilst planning approval has been afforded previously on the site, two recent applications have been refused on the site on flooding grounds, with NRW objecting to the location of the site within a C2 flood zone.  The Planning Authority wrote to NRW in April 2025 requesting that they review the Flood Consequence Assessment submitted in support of the application as the Local Planning Authority is satisfied with the application on all grounds except for flooding.  NRW object to the application as the Flood Consequence Assessment fails to demonstrate that the risks and consequences of flooding can be managed to an acceptable level in line with TAN 15.  It fails to demonstrate that the entire development site has been designed to be flood free in the 0.5% (1 in 200 year) tidal event plus climate change.  The flood assessment is also considered to be outdated having been written in 2006 with only a recent addendum.  NRW also have significant concerns regarding the vehicular access and egress to the site which would be significantly compromised in flood conditions and the lack of information regarding the pedestrian access/egress route to the north of the development site.  The applicant was given the opportunity to revise the Flood Consequence Assessment in light of NRW comments; however, no further information was received such that NRW object to the development on flooding grounds.  The application involves the erection of a two-storey detached dwelling, as the site is within a C2 flood zone, the proposed development is classed as a highly vulnerable development, which is contrary to planning policy CYFF 2, strategic policy PS6 and Technical Advice Note 15.  Whilst acceptable in terms of other matters such as impact on neighbours, highways and ecology could be resolved during a reserved matters application, the location within a C2 flood zone and direct conflict with national and local planning polices can not be overlooked.  The Planning Development Manager referred to an appeal decision in Gwynedd Council recently in respect of an application in a C2 flood zone. The Planning Inspector referred that applications within C2 flood zone should not be approved under planning policy TAN 15 (2004). The recommendation was to refuse the application as the proposal is a highly vulnerable development in a C2 flood zone.

 

Councillor Arfon Wyn, a Local Member that the application is from a local person and the site is located next to a new large dwelling; this proposed development would be an infill.  He noted that there are numerous other houses much nearer to Malltraeth Marsh and there is a need of consistency in allowing this application.  There has been no history of flooding in the vicinity as the site is 600 ft from the river.  He further said that the application was given approval several years ago and the only reason for the recommendation of refusal is the comments received by NRW.  He noted that NRW objections were refused when approval was given for the holiday cabin in Dwyran recently. 

 

The Planning Development Manager in response said that the neighbouring property was given permission in May 2003 and planning policies have been revised since that property has been built.  National planning polices as regards to climate change has been strengthened and the latest Technical Advice Note has given emphasis on climate change and risks of flooding.  He responded to the comments as regards to the holiday cabin in Taldrwst, Dwyran and noted that the site nor the access was within a flood zone area and should not be a comparison to this application.

 

Councillor John Ifan Jones, and a Local Member said that Malltraeth Marsh has existed for over 200 years; NRW continuously monitoring and carry out maintenance on a regular basis. He noted that flood gates control the flow from the sea, and he expressed that tidal flooding is relevant as regards to this location in Malltraeth; pressure relief is undertaken as regards to the river with bunding each side.  Residents who live near the river have not experience any flooding in decades and have no problems in attaining house insurance without restrictions as regards to flooding potential. He referred that this application site which is 300 metres up a slop between two other dwellings.  Councillor Jones further said that the proposal complies with planning policy TAI 4, the ecology department has raised on concerns, the design of the proposed dwelling is acceptable, there are two accesses to the site and there has been no objection by neighbouring dwellings.  He said that he was supportive of the application and proposed that the application be approved contrary to the Officer’s recommendation.

 

The Planning Development Manager in response said that whilst he accepted that the application site is an infill and there is no history of flooding in the area, however, NRW guidelines must be adhered to, and the site is within the C2 flood zone map and the whole area is within C3 flood zone maps.  He noted that the updated TAN 15 in April 2025 refers that any new residential developments should not be approved if there is a risk of flooding.

 

Councillor Kenneth P Hughes said that he was supportive of the application as the reasons for refusal was that the application was within the C2 and C3 flood zone maps.  He anticipated that NRW will challenge any decision of approval of the application whilst they have noted that there is flood gates protection in the area.  He further said that developments have been undertaken in the Valley area who have flooding issues without any intervention by NRW.  Councillor Kenneth P Hughes seconded the proposal of approval.

 

The Planning Development Manager said that if the application was approved contrary to the Officer’s recommendation, there is a duty to refer the decision to Welsh Ministers to make the decision on the application.  Whilst the application was submitted before the updated TAN 15 in April 2025 an update will be submitted to the next meeting if it is considered that the application can be decided under the previous TAN 15. 

 

Councillor Robert Ll Jones said that whilst he sympathized with the applicant as regards to this application, NRW has objected to the application due to the site been in a C2 flood zone.  He noted that this a highly vulnerable site and highlighted the climate change issues that will face future generations.  Councillor Jones proposed that the application be refused in accordance with the Officer’s recommendation.  Councillor Jeff Evans reiterated the concerns as regards to climate change and the objection by NRW to the application.  Councillor Evans seconded the proposal of refusal of the application. 

 

Councillor Dafydd Roberts said that Cob Marsh is projected and maintained by NRW.  He considered that the local residents are aware of any flooding risks in the area and are confident that the necessary flood risk protection by NRW is in place. 

 

Following the vote of 7 in approval of the application and 3 against :-

 

It was RESOLVED to approve the application, contrary to the Officer’s recommendation as it was considered that the application site was not liable to flooding.

 

(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 reasons given for approving the application).

 

Supporting documents: