Agenda item

7.1  20LPA962/CC – Fron Heulog, Cemaes

7.2  22C211C – Yr Orsedd, Llanddona

7.3  34C648A – Pwros, Rhosmeirch

7.4  41C8C – Garnedd Ddu, Star

7.5  42C321 – The Sidings, Pentraeth

7.6  47LPA966/CC – Llanddeusant Primary School, Llanddeusant

7.1 20LPA962/CC – Retrospective application for the recently constructed track together with improvements to the existing access on land opposite Fron Heulog, Cemaes

 

(Councillor W.T. Hughes declared a personal interest in respect of this application.  The Vice-Chair took the Chair during discussion of the application).

 

(Councillors Lewis Davies, K.P. Hughes and R.O. Jones stated that they were not present during the site visit and therefore would not be voting in respect of this application).

 

The application is presented to the Committee as the Isle of Anglesey County Council is the applicant and land owner.

 

The Planning Development Manager stated that following the last meeting of the Planning and Orders Committee the Planning Officers have contacted the applicant (the County Council) to ascertain the possibility of moving the access to another location.  The applicant has responded that this is not possible and has requested that the Committee should deal with the application as submitted. 

 

Councillor A. Griffith proposed that the application be approved and Councillor N. Roberts seconded the proposal.

 

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

7.2 22C211C – Full application for the erection of one wind turbine with a maximum hub height of 25m, a rotor diameter of 19.24m and a maximum vertical upright height of 34.37m on land at Yr Orsedd, Llanddona

 

The application was presented to the Committee as it has been decided that delegated powers will not be used in connection with wind turbine developments.  The site was visited on 21^st August, 2013.

 

The Planning Development Manager stated that the applicant has requested that the application be deferred to allow him to deal with issues raised by Officers in respect of the effect on the landscape.  It was noted that the recommendation of the Officers is of refusal in respect of this application.

 

Councillor K. P. Hughes proposed that the application be deferred and Councillor R.O. Jones seconded the proposal.

 

It was RESOLVED to defer consideration of the application at the request of the applicant.

 

(Councillor Vaughan Hughes stated that he did not vote in respect of this application as he was not present at the Site Visit).

 

7.3 34C648A – Outline application for the erection of a dwelling together with alterations to the existing access on land at Pwros, Rhosmeirch

 

(Councillor Lewis Davies stated that he would not take part in discussion of the application nor vote as he was not present at the last meeting of the Planning and Orders Committee)

 

The application was presented to the Committee at the request of a Local Member.

 

It was noted that at the meeting of the Planning and Orders Committee 31 July, 2013 it was resolved to approve the application contrary to Officer’s recommendation as it was considered that the site is within the logical settlement limit. 

 

  The Planning Development Manager stated that the Officer’s still consider that the application should be refused and noted the Officers response to Members reasons for approving the application :-

 

·                     The site is considerably removed from the built up part of the settlement;

·                     Development on this site would extend the built development into the countryside and constitute clear ribbon development;

·                    The development cannot be classed as an infill or acceptable site as it is not immediately adjacent to the developed part of the hamlet;

·                    It is clearly in the countryside;

·                    Approving the application would make further intrusions difficult to resist.

 

Councillor Nicola Roberts, one of the Local Members, stated that the dwelling would be a reasonable extension to the village; it will not be an unacceptable intrusion into the landscape and would not harm the character of the area.  She considered that the application is fair as the dwelling would be 200 yards from the play area in Rhosmeirch and near other dwellings.

 

Policy 51 of the Local Development Plan states that developments should fit into land in the vicinity without unduly affecting the landscape; as Pwros and other dwellings are near the site this application would not affect the area.  The site is near the main sewer of the village of Rhosmeirch and it is logical that the application would fit into the vicinity and is not a dwelling therefore in the countryside.  The applicant is confident that they can comply with Ynys Môn local policies in respect of conservation and building work. They can also respond favourably to any policy i.e. Policy 48, GP1 and GP2 of the Unitary Development Plan.  She referred to Policy 50 of the Plan which states: ‘forms a reasonable minor extension to the existing developed part of the settlement and would not constitute an undesirable intrusion into the landscape or harm the character and harm the amenities of the locality.’

 

The Local Member reminded the Members of the Committee that there has been no objection to this application within Rhosmeirch; only letters of support have been received. This dwelling will be for a local Welsh family and is a reasonable extension to the village. 

 

    Councillor Vaughan Hughes stated that this is a type of application that he was happy to approve.  He referred to a conference at Aberystwyth were the First Minister, Mr. Carwyn Jones AS stated that more weight needed to be given to the Welsh language following the disappointment result of the decline of the Welsh language in the censures.  He considered that more weight should be given to the Welsh language issues when dealing with planning matters.  The Legal Services Manager responded that he was not aware that the statement by the First Minister was a Ministerial Statement of National Planning Policy or that such a planning consideration would oust all other considerations from being material.  He further referred to the comments by the Local Member in respect of ‘undesirable intrusion’; the dwelling is in a field at the end of the village and not between two houses. Even though the dwelling would be near the Community Centre, Pwros and near the main sewerage system, it is not considered that it would be acceptable within the meaning of Policy 51 as the Officers have addressed it within the report to the meeting.  Approving this application would set a precedent for further development in the locality and in similar locations on the Island. 

 

Councillor J.M. Evans agreed with the Local Member and considered that the site is within the vicinity of the village of Rhosmeirch and proposed to reaffirm the decision of the Committee to approve the application.  Councillor Vaughan Hughes seconded the proposal.

 

It was RESOLVED to reaffirm the resolution to approve the application, contrary to the Officer’s recommendation and for the reasons previously stated in that the proposal was a reasonable minor extension to the settlement.

 

(Councillor Raymond Jones abstained).

 

7.4 41C8C – Full application for the change of use of land for the siting of 33 touring caravans, erection of a toilet block, construction of a vehicular access together with landscaping at Garnedd Ddu, Star

 

(Councillor Lewis Davies declared a personal interest in respect of this application and left the meeting during discussion and voting thereon).

 

The application was presented to the Committee as the previous Local Member had called-in the application.  The Committee, at the recommendation of the Officers, undertook a site visit on 19^th June, 2013.  Further information was submitted in support of the application and in order to allow the expiry of neighbour notification and the consideration of representations and consultation replies arising from this additional information, the application was recommended for deferral at the meeting of the Planning and Orders Committee on 3^rd July and 31^st June, 2013.

 

The Chair invited Mr. Dafydd Idriswyn, as an objector to the application to address the Committee.

 

Mr. Dafydd Idriswyn stated that he was representing a fellow Community Councillor, Councillor Gwyn Roberts who had asked him to read a declaration on his behalf.  The declaration stated that the Community Councillor spoke as someone who would be severely affected by this proposed caravan site and also as a Parish Councillor representing the majority of the population of Star.  He referred to the following main issues :-

 

·         Members will have seen a recent petition presented by the people of Star to the Planning Service and may also have noticed a similar petition presented about two years ago against the same application.  The fact that this application has dragged on since February of 2010 indicates that there is something radically wrong in the concept.

 

·         The first objection relates to the unsuitability of the ¹/₂ mile approach road to the site.  This single carriageway track was constructed primarily as an access road to 8 or 9 dwellings, although the current applicants have since added to the volume of traffic by the construction of 7 holiday chalets at their premises.  Contrary to the report of the Highways officer, there is only one passing bay along the route and members of the committee who attended a site visit will have experienced the congestion on this narrow track.

 

·         Furthermore, another 33 cars and caravans on this road will seriously compromise road safety for residents’ vehicles and pedestrians alike.  Many residents of Star enjoy a stroll along this road, this amenity will be lost forever if this application is allowed.

 

·         Members will also have read the report entitled “Landscape Visual and Impact Assessment” prepared by a Landscape Architect and which replaces an earlier discredited version by an unknown author.  The current Report, paragraph 8.3 states “Significant visual effects would be experienced at residential properties situated adjacent to the application site up to around 0.5 km from the proposed development”.  The Architect then names nine properties nearby that would be so adversely affected.  This would be grossly inconsiderate in terms of the devaluation of these named properties.

 

·         The nuisance value to local residents in terms of loss of amenity, traffic volume with increased noise and fumes and congestion on the road is unacceptable to all concerned.  There is also the public health hazard as the population could increase to well over a hundred people at any given time.

 

·         Finally, there is the social aspect.  This site is isolated from convenience stores and from any form of entertainment, consequently dozens of visitors will wander aimlessly around this quiet and peaceful part of our countryside.  The outcome will eventually persuade the proprietors to apply for a shop, a clubhouse and an on-licence for the club.  Another corner of our Island commercialised and ruined.

 

·         The people of Star and beyond have spoken with one voice; this development is not welcomed socially, economically, environmentally or morally and I respectfully ask Members of the Committee to respect the wishes of the residents and to reject the application once and for all.

 

The Planning Development Manager stated that further letters had been received in respect of this application and they had been included within the documentation to the Committee.  He further stated that Natural Resources Wales have also responded that they have no further issues with drainage matters. 

 

The Officer stated that it was obvious that the local community is concerned in respect of the effect on local amenities and traffic nuisance.  He noted that the Highways Department have stated that they are satisfied with the application as far as the Traffic Management Plan is submitted by the applicant.  A condition would be attached to the approval of the application if the Committee was minded to approve the application. 

 

Councillors Jim Evans and Alun Mummery, two of the Local Members, stated that they did not wish to make representations in respect of this application as it had been called-in by the previous elected Member.  However they stated that the concerns of the local residents need to be considered by the Committee in respect of this application.

 

Councillor T. Victor Hughes stated that following a Site Visit to this site in June, 2013 it was obvious that the access and the narrow road to the site could be a problem.  He considered that passing bays and a lay-by should be created near the site.  The Highways Officer responded that passing bays could be an option to alleviate traffic issues in the area.

 

Councillor Ann Griffith proposed that the application be approved as amended to include passing bays and Councillor Nicola Roberts seconded the proposal.

 

It was RESOLVED to approve the application in accordance with the Officer’s recommendation, subject to the conditions contained within the report, together with an additional condition in respect of additional passing bays on the highway.

 

(Councillor R.O. Jones stated that he did not vote in respect of this application as he was not present at the Site Visit.)

 

          7.5 42C231 – Full application for the erection of 13 new dwellings, together with creation of a new access on land at The Sidings, Pentraeth

 

(Councillor T. Victor Hughes declared a personal interest in respect of this application and left the meeting during discussion and voting thereon).

 

The application is a departure from the Local Plan Policy but can be permitted under the Unitary Development Plan.  The Committee undertook a site visit to the site on 17 July, 2013.

 

The Planning Development Manager stated that the application was deferred at the last meeting to allow the Planning Officers to obtain evidence of land ownership.  The Planning Officers have made enquiries with the applicant in respect of the wishes of the Committee and the applicant has afforded the ‘Land Registration Title Deeds’ to the Planning Authority and has revised the ‘red-line’ around the site to address any issues as to ownership.  It was further stated that a letter has been received by the Solicitor of the Objector to the application who is challenging the ownership of a strip of land near a building to the front of the site.   The size of the strip of land is around a quarter/half the size of a parking space.  Therefore it is obvious that there is a dispute in respect of ownership of this land as both sides are claiming ownership of the strip of land.

 

The Officer, in his professional opinion, stated that he did not see that this is a matter for the Planning Committee; the matter is between the applicant and the objector with recourse to law if necessary. It is not completely clear who is right or wrong in this situation and the Council cannot stand in judgement where the evidence of the parties is disputed.   Therefore as a Planning Officer he had to deal with the application as it stands.  27 letters of objection has been received with one letter with 24 signatures.  These letters were included within the documentation for the Committee.

 

The Planning Development Manager reminded the Committee that a planning approval already exists for 8 dwellings on this site.  The principle of building houses on the site has already been established.   There was a long debate at the last Committee in respect of Highways issues.  The Officer reaffirmed that the Highways Authority has not raised concerns and therefore there are no technical obstacles in respect of land use reasons not to deal with the application.  The recommendation of the Planning Officer’s is to approve the application, with a S106 agreement which ensures a percentage of affordable dwellings on the site in accordance with the Councils policies.

The Planning Development Manager reported that the public consultation period does not come to an end until the 5^th September, 2013 and requested that the Officer’s be afforded power to act following the public consultation period if no new representations have been received by the Department.

 

Councillor Vaughan Hughes, a Local Member, expressed that in relation to democracy and transparency the applicants and objectors should be allowed to speak at every occasion when a planning application is deliberated.  He stated that the local residents/objectors are concerned that the application is contrary to Policy A6 of Ynys Môn Development Plan and Policy 53 of the Gwynedd Policies.

He continued to state that as the developer has submitted a revised plan, there is still a dispute in respect the ownership of a strip on land to the front of the development.  The Planning Department has confirmed that the objector has informed the Department in respect of this matter.  Councillor Hughes accepted that the matter was a legal issue but questioned how wise it was to make a decision on the application whilst the legal issues continue. 

 

The objectors are of the opinion that there is over development on the site as the development site is too small for 13 dwellings.  It is anticipated that young families will live at these dwelling and the lack of amenities for children could be a problem.    The site is much lower than the main highway in front of the development site.  The need to fill the site to the level of a busy highway can cause problem with large lorries carrying materials to the site.

 

Councillor Jeff M. Evans agreed with the Local Member that it is difficult to consider the application due to legal issues in respect of ownership of the land and stated that he would abstain from voting in respect of the application.

 

Councillor Ann Griffith proposed that the application be approved and Councillor John Griffith seconded the proposal.

 

It was RESOLVED to approve the application and to grant the Officer’s power to act following the statutory public consultation period coming to an end.

 

(Councillors Lewis Davies, K.P. Hughes and R.O. Jones stated that they would not take part in discussion or voting in respect of this application as they were not present at the Site Visit.)

7.6 47LPA966/CC – Outline application for residential development, together with demolition of the former school on land at Ysgol Gynradd Llanddeusant, Llanddeusant

 

The application was presented to the Committee as the application is made by the Council on land partly owned by the Local Authority.

 

Councillors K.P. Hughes and John Griffith, two of the Local Members stated that residents of Llanddeusant were concerned that the former school was to be demolished.  Residents considered that the school is of good structure and should be incorporated into the application presented by the County Council.  The Members considered that the application should be deferred to allow negotiations with the local residents and the Community Council.

Councillor Raymond Jones proposed that the application be deferred and Councillor Nicola Roberts seconded the proposal.

 

It was RESOLVED to defer consideration of the application and to request the applicant to consider amending the application to make it more acceptable to residents.