Agenda item

13.1 – 23C84C – Penrhos, Maenaddwyn

13.2 – 38C277B – Caerdegog Uchaf, Llanfechell

13.1  23C84C – Application to determine whether prior approval is required for the erection of an agricultural shed for the storage of hay, straw and machinery at Penrhos, Maenaddwyn

The application was brought to the Committee as the applicant is an employee of the Council.

It was determined that prior approval of the Planning Authority was not required and that it constituted permitted development.

It was RESOLVED to note the report.

13.2   38C277B – Full application for the erection of a 50kW wind turbine with a maximum hub height of up to 24.6m, rotor diameter of up to 19.2m and a maximum upright vertical tip height of up to 34.2m and associated works on land at Caerdegog Uchaf, Llanfechell

The Legal Services Manager stated that the application brought to the meeting is not for a decision by the Committee as the applicant has decided to appeal to the Planning Inspectorate for Wales for non-determination of the application by the Authority.  The Planning Officers are requesting guidance from the meeting as how to deal with such an appeal. 

He stated that a late request had been submitted by the applicant to exercise the public speaking procedure of the Planning and Orders Committee.  The Chair of the Committee was given legal advice at the pre-meeting and the Legal Services Manager had reiterated the advice to the applicant before the meeting.  The legal advice to the Chair was not to allow public speaking as the application is not for determination by the Committee due to the fact that the applicant has decided to appeal against non-determination to the Planning Inspectorate; the Planning Officers have not prepared the report on the expectation that public speaking would entail on this application; it would create unfairness to the objectors had they wished to speak on the application.  The Legal Services Manager reiterated his advice again that the Chair should not allow the applicant to speak in respect of his application.

The Planning Development Manager stated that the Officers have set out within the report the main issues of the principle of the development, Landscape and Visual Impact and Residential Amenities.  Since the applicant has decided to appeal to the Planning Inspectorate against non-determination of the application the Planning Officers are confident to contest the appeal on the basis that there would be significant adverse Landscape and Visual effects on the setting of the AONB in the region together with significant adverse Cumulative Landscape and Visual effects of energy development on the AONB towards the edge of Landscape Character Area 5.  He ascertained if the Planning Committee were comfortable for the Planning Officers to contest the appeal on these issues stated.

Councillor K.P. Hughes stated that this is unique as there are over 100 letters of support of the application in the vicinity and with only a few objections.   He stated that Caerdegog Uchaf is a 150 acre family farm with a milking herd of cattle.  The farm is dependent on a large supply of electricity.   He referred to one letter of objection which states that this application will not create new employment.  Councillor Hughes believed it was as an important consideration that any business these days can protect and secure the current employment.  He found it difficult to support the reasons for refusing the application as from one location near Mynydd y Garn he could see 32 wind turbines and a location near Mynachdy farm he could see 21 wind turbines together with the Wylfa Power Station.   Councillor Hughes did not accept that approving one further turbine for the use of Caerdegog Uchaf would have an adverse effect on the landscape and on the AONB.    He also referred to Rhyd y Groes farm which has a wind turbine, is much nearer the AONB location.  Councillor Hughes further stated that he considered that this application does not affect residential amenities.  He stated that he supported this application.

Councillor Lewis Davies questioned if this application is within or near the AONB and how many wind turbines are within this location?  The Planning Development Manager responded that the site is near an AONB but could not say exactly how many wind turbines are within the vicinity.   Councillor Davies considered that the application would have a harmful effect on the landscape and is near an AONB site and proposed that the application be refused.  Councillor Jeff Evans seconded the proposal of refusal.

Councillor John Griffith stated that the New Wylfa is to be built in the vicinity of this application.  However he stressed that the AONB needs to be protected but questioned if the Officers had considered that the New Wylfa will be near this application.  The Planning Development Manager responded that the Officers have considered this matter.

Councillor Nicola Roberts questioned how near residential dwellings were to the site.  The Planning Development Manager responded that Groes Fechan is the nearest residential dwelling which is over 400 metres south east of the site.  Councillor Roberts further questioned what is the cost of contesting an appeal?  The Planning Development Manager responded that it was impossible to give an exact cost figure but it was anticipated that it would entail the cost of Officers time in preparing for such an appeal.   Councillor Nicola Roberts proposed that the application should be supported and Councillor K.P. Hughes seconded the proposal.

The voting was as follows :-

To support the application at the appeal, contrary to the recommendation of the Officer’s :-

Councillors K.P. Hughes, Vaughan Hughes, W.T. Hughes, Nicola Roberts.

                                                                                                            TOTAL 4

To contest the application at the appeal, in support of the Officer’s recommendation :-

Councillors Lewis Davies, Jeffrey M. Evans, T. Victor Hughes, R.O. Jones.

                                                                                                            TOTAL 4

Abstained from voting : Councillor John Griffith.                                  

                                                                                                 TOTAL 1

It was RESOLVED on the casting vote of the Chair to support the application at the appeal (a decision against the recommendations of the Officers).  As the decision was contrary to the recommendation of the Officer’s, the matter is automatically deferred to be considered at the next meeting.

The reasons given to support the application at the appeal process was that the Members did not agree that there would be significant adverse Landscape and Visual effects on the setting of the AONB in the region of Mynydd y Garn and did not agree that significant adverse Cumulative Landscape and Visual effects of energy development on the AONB towards the edge of Landscape Character Area 5.