Agenda item

10.1 – VAR/2025/6 – Bryn Brochan, Talwrn

VAR/2025/6

10.2 – VAR/2025/53 – Dyfria, Ty Croes

VAR/2025/53

10.1        VAR/2025/6 – Application under Section 73A for the variation of condition (13) (Approved plans) of planning permission reference 23C325 (conversion) of the outbuilding into a dwelling, alterations and extensions together with the erection of a garage and log store) so as to increase the scale and amend the design of the extension to the rear of Bryn Brochan, Talwrn

The application was presented to the Planning and Orders Committee as the proposal is contrary to planning policy TAI 7 of the Joint Local Development Plan but which the Local Planning is minded to approve.

The Team Leader reported that the previous planning application 23C325 was approved on the 9 September, 2015 for the conversion of the outbuilding into a dwelling, together with alterations and extensions, the erection of a garage and log store at Bryn Brochan, Talwrn.  The application was approved under the previous Local Development Plan which allowed outbuildings to be converted into residential dwellings. A material start has been commenced on the previous planning permission and has been safeguarded under a Lawful Use Certificate; therefore, a fallback position exists on the site that is a material consideration.  The proposal represents a departure from planning policy TAI 7 of the Joint Local Development Plan as it provides an open market residential unit.  However, there is an extant fallback position established through the Lawful Use Certificate for an open market residential unit and this is a material planning consideration and carries significant weight.  This application is for a variation to the previously approved application and consists of increasing the scale and design of the rear extension.  The previously approved extension measured 4.4m x 3.8m x 3.9m in height.  The proposed extension will measure 8.2m x 6.7m and a height of 3 - 3.7m due to topographical levels on the site.  The extension will accommodate one bedroom, kitchen, siting and dining area.  The extension will add approximately 61% increase to the original outbuilding.  It is accepted that this is a large increase and significantly greater than the guidance set out in the SPG on Replacement Dwellings and Conversions in the Countryside; however, as this is a Grade II Listed Building and the importance of safeguarding the derelict Listed Building far outweighs the guidance.  The design of the extension is sympathetic and respectful to the historic character of the Listed Building.  The design and materials are of high quality, and it is considered that there is a clear definition between the original outbuilding and the new extension.   The proposal complies with parking standards and provides adequate ecological enhancements.  The recommendation was of approval of the application.

Councillor John Ifan Jones proposed that the application be approved in accordance with the Officer’s recommendation.

Councillor Robin Williams 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 report.

10.2  VAR/2025/53 – Application under Section 73A for the variation of condition (05) of planning permission reference 28C397A (Conversion of outbuilding into a dwelling) so as to allow amendments to the design at Dyfria, Ty Croes

The application was presented to the Planning and Orders Committee as the proposal is contrary to policies of the Joint Local Development Plan but which the Local Planning Authority is minded to approve. 

The Team Leader said that approval of the application was originally granted in May 2008 for the change of use of the existing outbuilding to form a dwelling together with the installation of a private treatment plant.  The original application was approved under the policies within the old local development plan, which permitted changing the use of outbuildings to form permanent dwellings. Condition (03) of planning permission 28C397A stated that the vehicle passing places had to be completed before any development could take place. At the end of 2021 an application for a Certificate of Lawfulness was received to confirm that a material start had been made before the 12/03/09, in relation to permission 28C397A thus safeguarding the consent. 

After assessing the evidence presented it was decided that the material start was lawful as it had taken place within 5 years thus safeguarding the original permission.  Therefore, there is an extant fallback position in relation to the application, which is a material consideration.  This proposal deviates from Policy TAI7 in the Joint Local Development Plan, however, there is an extant fallback position through the Certificate of Lawful Use for an open market residential unit. This is a material planning consideration and carries significant weight.  As part of the proposal the north elevation extension will increase by approximately 150mm in width and length, the West elevation extension by approximately 800mm in length and 150mm in width with the roof ridge height being reduced by approximately 150mm. These minor changes to the scale of the development will not have a negative impact on the building, and there will be no changes to the existing stone outbuilding’s structure or layout. These changes include using different materials and using timber cladding rather than render.  Some existing window and doors will be moved along with a new door added to the western elevation. This will not have a negative impact on the appearance or character of the building. The proposal will move the previously approved rooflights to the north facing roof with solar panels proposed on the south facing roof pitch. The solar panels are considered a modern material choice however permitted development rights allow certain solar panels to be placed on residential dwellings without first gaining planning permission. The proposal includes installing one bat tube and two-house martin nest cups and complies with Policy AMG 5.

She further said that whilst the proposal is contrary to Policy TAI 7 in the Joint Local Development Plan, the development has been safeguarded due to the vehicle passing places being completed on time. The changes to the design and scale of the development are considered acceptable.

Councillor Douglas M Fowlie, a Local Member said that the Officer’s report is misleading that he has a relative living in a neighbouring dwelling, it should note that his relative has the same postcode as the proposal; the property is 200m across the field to his relative’s property.  He further said that he had not completed a declaration of interest but was willing to complete a declaration form once received. 

The Legal Advisor responded that a neighbour to a property could equate to a personal interest but since the Local Member is not a member of the Committee, he is able to speak on the application.

Councillor Fowlie said that he did not wish to make any comments as regards to the application.

Councillor Kenneth P Hughes said that he supported the application and noted that he hoped that the new Local Development Plan will review planning policy TAI 7 to allow the conversion of outbuildings to dwellings.

Councillor John I Jones proposed that the application be approved in accordance with the Officer’s recommendation.

Councillor Euryn Morris 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 report.