Agenda item

7.1  14C171J/ENF – Stryttwn Farm, Tynlon

7.2  15C30H/FR – Pen y Bont Farm, Malltraeth

7.3  23C280F – Plas Llanfihangel, Capel Coch

7.4  34C681 – Ty’n Coed Estate, Llangefni

7.5  45C468 – Bodrida Bach, Brynsiencyn

7.1  14C171J/ENF – Retrospective application for the retention and completion of a new build holiday accommodation together with change of use of land to associated equestrianism at Stryttwn Farm, Tynlon

The application was presented to the Planning and Orders Committee at the request of a local member.  At the meeting held on 4^th January, 2017 it was resolved that a site visit be undertaken and this took place on 18^th January, 2017.

Councillor Bob Parry OBE FRAgs speaking as a Local Member reminded the Committee of the background of the application and the applicant’s intention to utilise the converted outbuilding to be let to visitors for specific equestrian purposes which is essentially a rural pursuit and a tourist facility.   He expressed that this application is difficult as the applicant received information from Building Inspectors that most of the supporting walls of the outbuilding were below standard, the applicant continued to demolish some of the walls.  The Chief Planning Officer responded that the applicant was advised that he should contact the Planning Department before he started on demolishing the walls of the outbuildings by the Building Inspectors. 

Councillor Bob Parry OBE FRAgs reiterated that the applicant has spent a great deal of money on improving the subject building.  Councillor Parry considered that there is a need for such a facility on the Island and one deserving of approval. 

The Chief Planning Officer reported that the previous application for retrospective holiday accommodation was refused in 2016 as the site is in open countryside in an isolated rural area.  This application is for a tourism equestrian facility and there are planning policies to support such a venture.  However, the application site is an open countryside location and the Planning Officers are not convinced that such a facility is appropriate in this location and the recommendation remains one of refusal.  

Councillor Lewis Davies proposed that the application be refused and Councillor K.P. Hughes seconded the proposal.

It was RESOLVED to refuse the application in accordance with the Officer’s recommendation as set out in the written report.

7.2  15C30H/FR – Full application for change of use of agricultural land to extend the existing caravan park to site a further 14 touring caravans together with the installation of a septic tank on land at Pen y Bont Farm Touring & Camping, Malltraeth

The application was presented to the Planning and Orders Committee at the request of a Local Member.  At its meeting on 2^nd November, 2016 the Committee resolved that a site visit be undertaken and this took place on 16^th November, 2016.  At its meeting on 7^th December, 2016 the Committee resolved to approve the application contrary to the Officer’s recommendation, the reasons being that the Committee considered that the flood risk is not of a level that the proposal cannot be supported and that the proposal will not have a detrimental impact on the ecology of Malltraeth Marsh.  At its meeting held on the 4^th January, 2017 Members were advised that the Welsh Government had issued a holding direction on the application.  Members of the Committee resolved to defer the application.

Councillor Ann Griffith stood down as Chair of the Committee for the consideration and determination of the application in order to speak as a Local Member.  The Vice-Chair, Councillor R.O. Jones chaired the item.

The Chief Planning Officer reported that a call-in request has been made to the Welsh Government for the application to be determined by Welsh Ministers.  Consequently, the Local Planning Authority is prohibited from approving the development pending a decision by Welsh Ministers on whether or not the application should be called in.  He noted that following discussions with the Welsh Government it has been confirmed that the relevant Minister has started investigating the application but no definite timeframe was afforded to the Local Authority.  The Officer recommended that the Committee should consider deferring the matter once again.  The Local Member, Councillor Ann Griffith stated that she appreciated that the Welsh Government needs time to investigate the matter but was of the opinion that a timescale needed be afforded as previous applications have taken a considerable amount of time to be decided upon.   She said that the applicant needs to run a business from the application site.  Councillor Griffith questioned if pressure can be placed on the Welsh Government with regard to this matter.  The Chief Planning Officer responded that the Local Planning Authority will forward the concerns of the Local Member in this respect. 

Councillor K.P. Hughes proposed that the application be deferred to see whether or not the Welsh Minister decides to call in the application.  Councillor Vaughan Hughes seconded the proposal.  

Councillor Lewis Davies proposed that the application be refused in accordance with the recommendation of the Officer’s as he considered that Natural Resources Wales have raised concerns that the development is within a floodplain and the area is of scientific importance.   There was not seconder to the proposal.

It was RESOLVED to defer the application for the reasons given.

7.3  23C280F – Retrospective application for an agricultural shed and milking parlour together with the construction of a slurry pit and associated development at Plas Llanfihangel, Capel Coch

The application was presented to the Planning and Orders Committee at the request of a local member.  At the meeting held on 2^nd November, 2016 it was resolved that a site visit be undertaken and this took place on 16th November, 2016.  Due to additional information being received and the need to re-consult and re-notify neighbouring properties the application was deferred until this meeting. 

The Chief Planning Officer reported that due to the receipt of amended drawings received late on the 31 January, 2017 for two Silos on the site, this is an addition to the agricultural shed on the site.  The recommendation is now that the application be deferred as the drawings will need to be the subject of public consultation.

Councillor Lewis Davies said that he considered that a site visit needed to be made to the application site to view the exact location of these two Silos and the effect on the landscape and environment.  The Chair responded that there has previously been a site visit to this application in November 2016.  Councillor Davies responded that he considered that unlawful development had taken place on the site and recently he has seen bright lights from the site which is harming the landscape.  He expressed that it is important for the Committee to view the site as it is at present.  The Legal Services Manager opinion was sought by the Chair if it was appropriate to revisit the application site.  The Legal Services Manager responded that the Committee has visited the site and considered that it was not appropriate to revisit the site if the Planning Officer’s considered that there was no significant material change to the planning application.  The Chief Planning Officer responded that he considered that the amended drawing to include two Silos on the site did not constitute to a significant change to the application but he did agree that there has been development on the application site following the site visit by the Committee.

Councillor John Griffith seconded the proposal to visit the site.

Councillor K.P. Hughes proposed that the application be deferred and Councillor W.T. Hughes seconded the proposal.

Following the subsequent vote :-

It was RESOLVED to defer the application due to the receipt of amended drawings late on the 31 January, 2017 for Silos on the site.  The drawings will need to be the subject of public consultation.

7.4  34C681 – Outline application for the erection of 8 dwellings and 2 affordable dwellings with all matters reserved together with the construction of a new vehicular access and associated works on land to the rear of Tyn Coed Estate, Llangefni

Having declared a prejudicial interest in this application, Councillor R.O. Jones withdrew from the meeting during the consideration and determination thereof.

The application was presented to the Planning and Orders Committee as it is a departure application for which the recommendation is one of approval.  At its meeting held on 4^th January, 2017 the Committee resolved to refuse the application contrary to the Officer’s recommendation for the reasons being that the Committee considered that the access was dangerous, the high level of local objection, the location of the site is outside the development boundary and the site has been rejected within the Joint Local Development Plan. 

The Chair said that she had received an email from Councillor Jeff M. Evans, a Member of the Planning and Orders Committee, regarding this application.  Councillor Evans had submitted his apologies that he was unable to attend today’s meeting as he was away on a Charity event.  However, Councillor Evans wished his views be conveyed to the Committee that he considered that the application be refused due to the Town Councils and residents’ objections, access, drainage, surface water, highways, potential road safety issues. 

The Chief Planning Officer reported that at the last meeting five reasons for refusal were given; there is a possibility of appeal with regard to this application.  He noted that the Committee must be confident that the five reasons are justified and that there is enough evidence to support those reasons.  The Officer suggested that the Committee should evaluate the reasons carefully. 

Councillor Dylan Rees, a Local Member said that the residents of Tyn Coed Estate are confident that they can provide further evidence to substantiate the reasons for refusal if the application went to appeal.  It is accepted that the strength of local objection in itself does not substantiate refusal of the application but obviously when you have the Town Council, the 3 Local Elected Members and residents all expressing factual concerns then obviously it raises issues with regard to the application.   The second reason given for refusal was that the site was outside the settlement boundary and not included in the draft Joint Local Development Plan (JLDP) and the Officer stated that due to the land availability and 2014 Joint Housing Land Availability Study that other sites could be considered acceptable for housing.  The Land Availability Study is not up to date and weight should be given that this site is not within the boundary of the draft Joint LDP; a schedule of changes was published only a week ago for further consultation and this site is not under consideration within the schedule; there is a justification to refuse the application.  Councillor Rees referred to the other three reasons for refusal of the application i.e. highways and access safety and surface water and drainage issues. 

Councillor Bob Parry OBE FRAgS as a Local Member also reiterated his strong opposition to the application. 

Councillor Lewis Davies said that he still was of the opinion that the proposed development is overdevelopment of the site and that the site has been rejected within the Joint Local Development Plan.  He proposed to reaffirm the decision of the last meeting to refuse the application.  Councillor Vaughan Hughes seconded the proposal of refusal.

The Legal Services Manager advised that members needed to carefully consider whether there was evidence to justify the 5 stated reasons for refusal.  The first was not, in his view, a planning reason and reasons 2 and 5 were variations of the same reason, and for reasons 3 and 4 he was not aware that there was technical evidence before the Committee to justify those reasons.

Following the subsequent vote it was agreed that the reasons for refusal be noted as :-

·         The application site is outside the settlement boundary of Llangefni and is not included in the draft Joint LDP;

·         Access safety issues;

·         Surface water drainage issues.

It was RESOLVED to reaffirm the Committee’s previous decision of refusal of the application.

7.5  45C468 – Full application for conversion of outbuilding into a dwelling, the construction of a vehicular access, the installation of a package treatment plant together with the erection of an ecology mitigation structure at Bodrida Bach, Brynsiencyn

The application is presented to the Planning and Orders Committee as the applicant is related to a Local Member.  The application has been scrutinised by the Monitoring Officer as required under paragraph 4.6.10.4 of the Constitution.  The Planning and Orders Committee at its meetings held on 2^nd November and 7^th December, 2016 and 4^th January, 2017 deferred the determination of the application until receipt of amended drawings and additional information.  Amended drawings have now been received together with confirmation from the Highway Authority of where the new passing place is required. 

Councillor W.T. Hughes proposed that the application be approved and Councillor Vaughan Hughes seconded the proposal.

It was RESOLVED to approve the application in accordance with the Officer’s recommendation subject to conditions set out in the written report.