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Planning Applications - Cyngor Gwynedd

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PWYLLGOR CYNLLUNIO<br />

PLANNING COMMITTEE<br />

DYDDIAD:<br />

DATE:<br />

29/04/2013<br />

YSTAFELL GYFARFOD<br />

FRONDEG MEETING<br />

ROOM PWLLHELI<br />

EITEM<br />

ITEM<br />

CAIS RHIF<br />

APPLICATION<br />

NUMBER<br />

CYMUNED<br />

COMMUNITY<br />

LLEOLIAD<br />

LOCATION<br />

1 C12/1323/41/LL Llanystumdwy Ocean Heights Caravan Park, Chwilog<br />

2 C12/1605/44/LL Porthmadog Tir gyferbyn / Land opposite, Madoc Yacht Club, Pen Cei,<br />

Porthmadog<br />

3 C12/1622/39/LL Llanengan Sea Breeze, Lon Sarn Bach, Abersoch,<br />

4 C13/0028/35/AM Criccieth Tir Gyferbyn/land opposite, Gwesty George IV, Stryd Fawr,<br />

Criccieth<br />

5 C13/0094/36/LL Dolbenmaen Gwaith Dwr/Water Works, Garndolbenmaen, <strong>Gwynedd</strong><br />

6 C13/0156/11/LL Bangor 7 Glandwr Terrace, Bangor<br />

7 C13/0173/16/LL Llandygai 2,3,5-9,11,13,16-21,23,25,26,28,29,32-34, 36-38, Erw Faen,<br />

Tregarth, Bangor<br />

8 C13/0203/11/LL Bangor Former Victoria Building Land, Plas Llwyd Terrace, Bangor<br />

9 C13/0306/30/LL Aberdaron Fferm Garreg, Aberdaron<br />

10 C12/0495/36/MW Dolbenmaen Llecheiddior Uchaf, Garndolbenmaen


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

Number: 1<br />

REPORT TO THE PLANNING COMMITTEE<br />

REFER TO A COOLING OFF PERIOD<br />

DATE OF THE PLANNING<br />

COMMITTEE MEETING:<br />

DESCRIPTION AND<br />

LOCATION OF<br />

APPLICATION:<br />

REPORT BY:<br />

RECOMMENDATION:<br />

29 April 2013<br />

Application No. C12/1323/41/LL – application to vary<br />

condition 5 attached to planning permission<br />

C11/0986/41/LL to be able to use the site all year for<br />

holiday purposes<br />

Head of Regulatory Department<br />

To accept the recommendation, which is to approve the<br />

application with conditions.<br />

1. PURPOSE<br />

1.1 This application was reported to the <strong>Planning</strong> Committee on 17 December 2012, and the<br />

Committee’s intention was to refuse the application, contrary to the recommendation.<br />

Because, in the opinion of the Head of Regulatory Department, the decision represented a<br />

substantial risk to the Council, the matter was referred to a cooling off period in line with the<br />

committee’s standing orders. The purpose of reporting back to the Committee is to highlight<br />

the planning policy issues, the possible risks and the possible options for the Committee<br />

before it reaches a final decision on the application.<br />

1.2 The cooling off period report was submitted before the Committee on 25 February 2013 and<br />

despite the fact that officers considered that the proposal did not fall within the criteria to<br />

request a Community and Linguistic Statement (as explained below under the heading<br />

<strong>Planning</strong> in order to undertake a linguistic impact assessment at the Council’s<br />

expenseLanguage), the decision of that Committee was:<br />

1.3 ‘in view of the special linguistic nature of this community, to defer this application in<br />

order to undertake a linguistic impact assessment at the Council’s expense of the impact<br />

of the proposal in the planning application, namely the impact of approving six<br />

additional weeks a year for holiday use only, on the linguistic and cultural character of<br />

the community’.<br />

1.4 At its meeting on 18 March 2013, the Committee agreed that the decision recorded above was<br />

accurate and a brief was provided for the work. Burum (Owain Wyn Consultancy Services)<br />

was commissioned to undertake the work. The requirements of the work commissioned were<br />

set out as follows:<br />

<br />

<br />

Restrict the assessment to what is relevant to the planning application, namely, what<br />

would be the effect of granting six extra weeks a year for holiday use only on the<br />

linguistic and cultural character of the community;<br />

Consideration of the proposed development in the application (namely six extra weeks a<br />

year for holiday use only) in the context of the relevant local and national planning<br />

policies (including the Supplementary <strong>Planning</strong> Guidance: <strong>Planning</strong> and the Welsh<br />

Langugae) concerning planning and the Welsh language;


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

<br />

<br />

Prepare a Community and Linguistic Statement showing the influence of the development<br />

in accordance with the requirements as noted in Appendix A of the Supplementary<br />

<strong>Planning</strong> Guidance: <strong>Planning</strong> and the Welsh Language;<br />

Subject to the results of the above, hold a Community and Linguistic Impact Assessment<br />

in accordance with the requirements noted in Appendix B of the Supplementary <strong>Planning</strong><br />

Guidance: <strong>Planning</strong> and the Welsh Language.<br />

1.5 The Consultant’s full report has been included as Appendix 2 of this report. The summary<br />

and statements of the report note:<br />

1. ‘The purpose of this report is to collect evidence to form an opinion of the need to<br />

undertake an assessment of the possible effect on the linguistic and cultural character of<br />

the community of Chwilog of the proposal to permit the use of Ocean Height Caravan<br />

Park for and extra six week period during January and February every year.<br />

2. In order to make the assessment, information on the community relied on the recently<br />

published results of the 2011 Census. In the absence of direct knowledge about the usage<br />

characteristics and bout the site’s consumers, use has been made of information collected<br />

and published on holiday parks’ occupancy rates and on economic impacts (including<br />

static caravan parks) in Wales. Some assumptions were made about how many 2 and 3<br />

bedroom units are on the site and the proportion that are let out by owners to visitors.<br />

3. The model used predicts that a total of 620 persons will stay during the six weeks in<br />

question. The usual tourism pattern would mean that the distribution would be clustered<br />

around the weekend nights. On the basis of an equal spread between six weekends, that<br />

would mean an average of up to 52 persons on the site over a weekend. At best it can be<br />

presumed that, of those who come from Wales (10), one or two will be able to speak<br />

Welsh. A total therefore, of about 50 persons who do not speak Welsh will be visiting the<br />

area at any given time during the period in question.<br />

4. No evidence has come to hand about how often these persons would venture out of the<br />

park to the local village. Considering visitor visiting patterns, it must be assumed that<br />

they would spend very little time in the nearest village and that they would choose to<br />

travel to attractions further afield when out of the Park.<br />

5. Considering that the population aged 3 years and over in Chwilog was around 500 in<br />

2011, the number of occasions that visitors would visit the village, and, the absence of<br />

any evidence to the contrary in over 40 years of the existence of the Holiday Park in the<br />

area, I come to the conclusion that adding and extra 50 persons to the Park who<br />

don’t speak Welsh would not have a significant negative effect on the Welshness of<br />

the village.<br />

6. It is considered, therefore, that the proposal would not affect the balance between<br />

Welsh / English speakers not would it lead to an absolute or contributory<br />

deterioration un the number of Welsh speakers.<br />

7. On the basis of the evidence reviewed and presented in this assessment, the opinion<br />

is that there are no significant negative economic, social or linguistic effects as a<br />

result to the proposal to extend the opening period of the Caravan Park.<br />

2. DESCRIPTION


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

2.1 This is an application to abolish condition 5 on planning permission C11/0986/41/LL to allow<br />

a holiday season lasting 12 months. The proposal would therefore extend the occupancy<br />

period of static caravans on the site, for holiday use only, from ten and a half months to<br />

twelve months. The existing permission restricts the occupancy of the caravans from 1 March<br />

to 10 January the following year. It is not intended to add to the number of caravans on the<br />

site (94 holiday caravans and one for the warden), only to extend the occupancy period for<br />

holiday use only.<br />

2.2 To avoid doubt, one of the static caravans on the site has been granted permission under<br />

application C11/0986/41/LL, to be used by the residential site warden throughout the year,<br />

and is therefore excluded from this application.<br />

2.3 There will be no amendments or additions to the existing facilities on the site as a result<br />

of this application either.<br />

2.4 The site is located in the countryside near the village of Chwilog, and there are three<br />

nearby houses located around a farmyard, with the road to the site running past the yard,<br />

between the houses.<br />

2.5 The application was submitted to Committee on 17 December 2012, with the officers’<br />

recommendation to approve. It was recommended to be approved since the application, with<br />

relevant conditions, was considered acceptable on local and national policy grounds, and on<br />

the grounds of any possible impact on the amenities of nearby residents and the wider area. A<br />

copy of the report and the plans submitted to the <strong>Planning</strong> Committee on 17 December 2012<br />

is attached in Appendix 1, which further explain the background of the application.<br />

3. POLICY CONTEXT<br />

<strong>Planning</strong> Policy Wales (Version 5, 2012) and Technical Advice Note<br />

3.1 Before reaching a decision on this application, it will be necessary to consider National<br />

<strong>Planning</strong> Policy which is a material planning consideration in making decisions on planning<br />

applications. Chapter 11 – ‘Tourism, Sport and Recreation’ of <strong>Planning</strong> Policy Wales (PPW)<br />

(5 th edition, 2012) contains the national <strong>Planning</strong> Policy guidance on the matter. PPW<br />

highlights that the planning system should seek to promote a sustainable tourism sector which<br />

enables it to contribute to economic development, conservation, rural diversification, urban<br />

regeneration and social inclusion – and in doing so; recognising the needs of visitors and<br />

those of local communities.<br />

11.1.7 “In rural areas, tourism-related development is an essential element in providing for a<br />

healthy, diverse, local and national economy. It can contribute to the provision and<br />

maintenance of facilities for local communities. Here too development should be sympathetic<br />

in nature and scale to the local environment and to the needs of visitors and the local<br />

community”.<br />

3.2 <strong>Planning</strong> Policy Wales is endorsed by a series of Technical Advice Notes (TAN). The TAN<br />

which specifically relates to tourism is Note 13: ‘Tourism’ (1997). The TAN suggests that<br />

there are some cases where a holiday occupancy condition could be more appropriate than<br />

setting a seasonal occupancy condition. The TAN provides guidance on national planning<br />

policy in relation to development in rural communities. It emphasises that the planning<br />

system can respond to changes in tourism without compromising policies to safeguard the<br />

countryside, and there are cases where a holiday occupancy condition could reconcile these<br />

two objectives. Although it refers to the conversion of buildings to provide holiday<br />

accommodation or residential accommodation rather than caravans or chalets, the fact that


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

priority is given to holiday use rather than residential use, due to its contribution to the rural<br />

economy and the recognition that this could reduce pressure on using housing for holiday use,<br />

is something to note in this context.<br />

3.3 Therefore, from the perspective of national planning policy, developments that are importance<br />

to the tourism sector, especially in rural areas, are encouraged, subject to reasonable and<br />

appropriate management. Further to this, the National Policy does not refer to any specific<br />

period in connection with the holiday season for the use of caravan sites, for holiday use<br />

purposes.<br />

<strong>Gwynedd</strong> Unitary Development Plan and <strong>Gwynedd</strong> Supplementary <strong>Planning</strong> Guidance:<br />

Holiday Accommodation<br />

3.4 Policy D18 of the Unitary Development Plan is a specific policy which supports applications<br />

to extend the holiday season of holiday sites to a period of ten and a half months, provided the<br />

standard of the units is appropriate for holiday use during the winter period.<br />

3.5 Historically, conditions have been placed on such sites to ensure that only holiday use occurs<br />

and also, historically, the standard of the units was not suitable for use in the winter. By now,<br />

the manufacturing of caravans is of a much better standard which means that they are more<br />

suitable to be used for holiday use all year round. Also, the nature of holidays has become<br />

more varied in terms of location, season and length. Many more people go on holiday several<br />

times a year now, more frequently and for varying periods, and not necessarily during the<br />

summer.<br />

3.6 The UDP already acknowledges that the seasonal nature of tourism causes significant<br />

variation in the demand for workers during the year, and has a notable effect on the economic<br />

prosperity of <strong>Gwynedd</strong>. Therefore, the Plan encourages extending the demand for<br />

accommodation beyond the traditional holiday period. The Supplementary <strong>Planning</strong><br />

Guidance: Holiday Accommodation (2011) also refers to using holiday occupancy conditions<br />

which allows the use of holiday units throughout the year, for holiday purposes, but with<br />

relevant conditions which ensure that such units are not used for permanent residential use.<br />

3.7 Although Policy D18 of the UDP states that proposals to extend the occupancy period from 1<br />

March to 1 January will be approved there is no restriction or guidance in the condition to<br />

prevent extending the period further. There are many case laws that are clear and supportive<br />

on this matter. Furthermore, the SPG ‘Holiday Accommodation’ (2011) does not refer to any<br />

specific holiday period/season, but rather places the emphasis on supporting the principle of<br />

extending the holiday period, with management of the use through a specific condition. The<br />

SPG reflects current national policy as it makes no reference to a specific holiday<br />

period/season.<br />

<strong>Planning</strong> and the Welsh Language<br />

3.8 Policy A1 of the Development Plan is involved with Environmental Assessments or other<br />

Impact Assessments, such as language, and states that ‘proposals will be refused unless<br />

sufficient information is provided with the planning application concerning any significant<br />

likely environmental or other impacts’.<br />

3.9 In the same manner, Policy A2 of the Development Plan relates to Protecting the Social,<br />

Linguistic and Cultural Fabric of Communities. This policy requests that ‘proposals that<br />

would, because of their size, scale or location cause significant harm to the social, linguistic<br />

or cultural cohesion of communities’ be refused.


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

3.10 The Supplementary <strong>Planning</strong> Guidance: <strong>Planning</strong> and the Welsh Language (November 2009)<br />

states that the <strong>Planning</strong> Authority will request a Community and Language Statement as part<br />

of a planning application for developments that falls into one or more of the following<br />

categories:-<br />

<br />

<br />

<br />

<br />

a development of five or more residential units on a site/land that has not already<br />

been designated for residential use in the development plan<br />

a commercial, industrial or tourist development with an area of 1000m 2 or more<br />

a development which is likely to lead to the loss of community facilities or job<br />

opportunities<br />

a tourism development that will create ten or more holiday units<br />

3.11 The proposal does not add to the number of holiday units that already have planning<br />

permission. The proposal is for holiday use only and not for permanent residential use. In<br />

accordance with the local and national policy it is intended to attach appropriate conditions to<br />

ensure that the units are only used as holiday accommodation, and not as a main residence. It<br />

is not considered, therefore, that the proposal falls within the above criteria; therefore there is<br />

no justification to request a Community and Language Statement.<br />

3.12 The SPG also states: ‘From time to time, new developments that are substantial in terms of<br />

their scale and likely impacts on the community may be submitted unexpectedly to the<br />

<strong>Planning</strong> Authority. In this respect it is difficult to anticipate the specific size or actual type of<br />

development that is submitted. Despite this, it is reasonable to suggest that developments that<br />

are on a larger scale and that are more significant in their likely impact on communities will<br />

fall into one or more of the following categories, namely ones which:-<br />

<br />

<br />

<br />

<br />

<br />

<br />

are over and above the needs and aspirations of local communities<br />

are on unallocated land/sites and are contrary to the policies of the Development<br />

Plan<br />

are not part of a local project or strategy<br />

replicate past tendencies where a damaging effect has occurred on communities<br />

and language<br />

are on a large scale in comparison with the level of demand in the local market<br />

are not likely to contribute to communities in a sustainable manner<br />

3.13 The assessment of any planning application will be a matter for the <strong>Planning</strong> Authority and it<br />

will decide whether an application falls within the above-mentioned definitions. If that is the<br />

case, developers will be required to prepare a Community and Language Impact Assessment<br />

which is much more rigorous than a Community and Language Statement…’.<br />

3.14 It is not considered either that the proposal to extend the holiday season for 6 weeks (from<br />

10.5 months to 12 months, or from 46 weeks to 52 weeks) is more substantial in terms of its<br />

scale or its possible impact on the community than what already exists. The proposal cannot<br />

be reasonable considered to be ‘on a larger scale’ than what is outlined in the above criteria<br />

which relate to submitting a Community and Language Statement. Therefore it is not<br />

considered that these criteria are relevant and there are no grounds to request a Community<br />

and Language Impact Assessment. It is emphasised that there would be appropriate conditions<br />

to ensure that the units were only used as holiday accommodation and not as a main place of<br />

residence, and this is an enforceable condition. A condition for keeping a register would<br />

facilitate monitoring and enforcement arrangements.<br />

3.15 The findings of the work by the Consultant confirms the above and states ‘on the basis of the<br />

evidence reviewed and presented in this assessment, the opinion is that there are no


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

significant negative economic, social or linguistic effects as a result to the proposal to extend<br />

the opening period of the Caravan Park.’<br />

Appeal Cases<br />

3.16 Several similar appeal cases have been recorded in the volumes of ‘Development Control<br />

Practice’ (DCP) which also mentions Circular 35/95 (Wales) – The Use of Conditions in<br />

<strong>Planning</strong> Permissions’. The Circular states that planning conditions should only be imposed<br />

because:<br />

1. They are ‘Essential’<br />

2. They are ‘relevant to planning’<br />

3. They are ‘relevant to the development which is to be approved’<br />

4. They can be enforced<br />

5. They are ‘Detailed’<br />

6. They are 'Reasonable in all other respects’<br />

3.17 In accordance with this the DCP notes that such a condition should simply state that the<br />

accommodation is to be used as holiday accommodation only, and that the reference to date(s)<br />

should only apply if the unit is unsuitable for holiday use all year round because of its light<br />

construction. Following on from this, part 24.241 of the DCP states that for these reasons, ‘a<br />

condition imposed today would be a version of: ‘The units hereby approved shall be used<br />

only for holiday accommodation and not for permanent residential accommodation’.<br />

3.18 It is explained in the DCP that ‘better standard to caravans and all-year tourism patterns mean<br />

that authorities should give more sympathetic consideration to applications to extend the<br />

opening period approved under existing permissions’. Legal opinion on the application<br />

confirms that it is acceptable for sites to be open throughout the year, subject to conditions<br />

which will ensure that the caravans will not be used as permanent living units. This can be<br />

achieved by imposing a holiday only condition, which is considered acceptable. If a register<br />

was considered necessary, as a tool to collect information on the main condition, this could be<br />

reasonable and would not intervene excessively.<br />

3.19 Relevant conditions for managing the use would therefore include:<br />

i) The units approved shall be used for holiday accommodation only, and not for<br />

permanent residential accommodation.<br />

ii) Owners/operators of the site must keep a current register of the names of all<br />

owners/residents of each individual caravan on the site, together with their main<br />

address, and this information should be available to the Local <strong>Planning</strong> Authority at any<br />

reasonable time.<br />

3.20 Recent Appeals have been permitted on the same type of applications, and examples are<br />

attached as Appendices 3 – 7 with this summary:<br />

3.21 Caerwys Caravan Park, Caerwys (June 2012) (APP/A6835/A/12/2169310)<br />

Approve an appeal to change the holiday season condition of a caravan site for a condition<br />

stating that the caravans were to be used as holiday accommodation only, and not as any<br />

person’s main place of residence. The Inspector was satisfied that the condition suggested<br />

was clear in its restriction and therefore abolished the holiday season condition and replaced it<br />

with a condition that the caravans were only used as holiday accommodation, and not as any<br />

person’s main place of residence.


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

3.22 The appeal in Caerwys stated that there was no need to keep a register since doing so would<br />

be too laborious. Following legal advice, there was disagreement with the Inspector’s<br />

decision in the case of Caerwys not to include a condition requesting that a register be kept.<br />

There are several cases (see below) where <strong>Planning</strong> Inspectors have used the condition of<br />

keeping registers in their decisions. It is considered that such a condition is reasonable and<br />

meets the six criteria referred to above with regard to the use of planning conditions. It is also<br />

believed that keeping a register would be a means of collecting information on the condition<br />

which restricts the use to holiday use only. To this end, it is considered that such a condition<br />

is acceptable and would not cause excessive interference, and that it is therefore appropriate<br />

to impose such a condition on this application.<br />

3.23 Coppice Leisure Park, Ockeridge, Wichenford, Worcester (March 2012)<br />

(APP/J1860/A/11/2165323) – Inspector of the opinion that a condition stipulating holiday<br />

accommodation only and no other residential use is sufficient, and that a condition noting<br />

dates or a specific period was not required. Also suggested a condition for keeping a register.<br />

3.24 The Croft, Upper Denbigh Rd, St Asaph (December 2010) (APP/R6830/A/10/2125079)<br />

Approve an appeal to install 21 ‘lodges’ together with associated works subject to relevant<br />

conditions including a condition on holiday use only and not using the units as a person’s<br />

main place of residence. Also requested that a current register be kept.<br />

3.25 Llwyn Afon Caravan Park, Llanrhaeadr, Denbigh (June 2010)<br />

(APP/R6830/A/10/2125469)<br />

Approve an appeal for 8 static units to replace 12 touring units without a 10.5 month<br />

condition, subject to conditions including holiday use only, not using the units as a person’s<br />

main place of residence and keeping a current register.<br />

3.26 The Nurseries Garden Centre, Stockton Rd, South Kilvington (July 2008)<br />

(APP/G2713/4/08/2064528)<br />

Approve an appeal for 18 caravans/log cabins subject to conditions including holiday use<br />

only, not using the units as a person’s main place of residence and keeping a current register.<br />

3.27 Following the appeal decision for Caerwys other <strong>Planning</strong> Authorities in North Wales were<br />

contacted, to see how they intended to obtain management of caravan sites. The intention of<br />

the Authorities who gave a clear opinion on the matter was to consider continuing using the<br />

condition on keeping a register, with the condition on holiday use only.<br />

4. RISKS TO THE COUNCIL OF REFUSING THE APPLICATION<br />

4.1 As outlined above, refusing the application would undermine local and national policies in<br />

respect of using static caravan sites for holiday use all year round.<br />

4.2 Refusing the application would create inconsistency in decisions on applications in respect of<br />

using static caravan sites for holiday use all year round. The Council in the past has approved<br />

other similar applications, as they were not considered to be contrary to local or national<br />

policies, and as there were specific conditions to control use. These include C12/0598/44/LL<br />

– Penrhyn Farm, Treflys, Porthmadog; C12/0969/24/LL – White Tower Caravan Park, Saron,<br />

Caernarfon; C12/1312/39/LL – Tyddyn Talgoch Uchaf, Bwlchtocyn, and a list of them is<br />

provided in Appendix 8.<br />

4.3 There is a risk of the application being called in by the Welsh Government to be determined.<br />

As well as the risk of individual applications being called in, the Welsh Government has<br />

powers to intervene formally in the way the Council provides the <strong>Planning</strong> Service.


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

4.4 The risk of refusing the application without evidence introduces the risk that an appeal will be<br />

submitted to the <strong>Planning</strong> Inspectorate, with the likelihood that the appeal would be approved.<br />

This would also incur the risk of substantial financial costs against the Council for refusing an<br />

application without evidence. The case of Wern Manor is an example of where an application<br />

was refused contrary to the recommendation and without supporting evidence, and one of the<br />

reasons for refusal included the impact on the Welsh language. The application was approved<br />

on appeal and this cost the Council over £50,000. The Council was also heavily criticised by<br />

the Inspectorate for attempting to provide evidence to support the reasons for refusal, after the<br />

decision had been made. There would also be the risk of a complaint of maladministration to<br />

the Ombudsman.<br />

4.5 Due to the work that has been commissioned the report which has been submitted by the<br />

consultant provides evidence there are no significant negative economic, social or linguistic<br />

effects as a result to the proposal to extend the opening period of the Caravan Park. Therefore,<br />

the applicant would be able to use this evidence to support his case in an appeal situation.<br />

5. OPTIONS TO THE COMMITTEE<br />

5.1 The options available to the Committee in determining the application include the following,<br />

where the level of risk to the Council is also identified.<br />

1. Refuse on the grounds of (starting with the greatest risk):<br />

a) Linguistic and community impact, as well as the impact on services, based on the<br />

concern that people would live in the holiday caravans permanently. Refusing on<br />

these grounds and without evidence would generate substantial risk to the Council,<br />

with the further risk of costs against the Council which could amount to tens of<br />

thousands of pounds if the application went to appeal. The work undertaken by the<br />

consultant is evidence that there would be no effect.<br />

b) The Committee’s belief that approving a year-round holiday period would be a longer<br />

period than the 10.5 months noted in Policy D18, and that the proposal would<br />

therefore be contrary to this policy. There is no planning basis or justification for<br />

doing this, since planning conditions ensure appropriate management of the use, and<br />

it therefore creates a risk to the Council, with the further risk of costs against the<br />

Council if the application went to appeal.<br />

c) The impact on residential amenities resulting from the increase in the holiday period.<br />

A lesser financial risk associated with this, but there would still be a possibility of an<br />

appeal. It would also be difficult to justify this type of reason for refusal, as there is<br />

already planning permission for holiday use for a period of 10 and a half months per<br />

year.<br />

5.2 Therefore, it must be realised that there are significant risks associated with refusing the<br />

application, which include substantial financial risks. In order to ensure that the<br />

Council avoids the above risks, the recommendation is:<br />

2. To approve according to the recommendation in the report (Appendix 1) with<br />

specific conditions to include:<br />

i) The units approved shall be used for holiday accommodation only, and not for<br />

permanent residential accommodation.


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

ii)<br />

Owners/operators of the site must keep a current register of the names of all<br />

owners/residents of each individual caravan on the site, together with their main<br />

address, and this information should be available to the Local <strong>Planning</strong><br />

Authority at any reasonable time.<br />

6. APPENDICES<br />

Appendix 1 – A copy of the report that was submitted to the <strong>Planning</strong> Committee on 17 December<br />

2012<br />

Appendix 2 – Statement of the Need for an Assessment of the Possible Effect of the Proposal on the<br />

Linguistic and Cultural Character of the Community. Burum (Owain Wyn Consultancy Services).<br />

April 2013.<br />

Appendix 3 – A copy of the appeal decision in respect of Caerwys Caravan Park<br />

Appendix 4 – A copy of the appeal decision in respect of Coppice Leisure Park<br />

Appendix 5 – A copy of the appeal decision in respect of ‘The Croft’, St Asaph<br />

Appendix 6 – A copy of the appeal decision in respect of Llwyn Afon Caravan Park<br />

Appendix 7 – A copy of the appeal decision in respect of The Nurseries Garden Centre<br />

Appendix 8 – <strong>Applications</strong> for changing the occupancy period of caravan parks 1/1/12 – 7/12/12


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

Rhif: 1<br />

APPENDIX 1<br />

Number: 1


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

Application Number: C12/1323/41/LL<br />

Date Registered: 04/10/2012<br />

Application Type: Full - <strong>Planning</strong><br />

Community:<br />

Llanystumdwy<br />

Ward:<br />

Llanystumdwy<br />

Proposal:<br />

Location:<br />

APPLICATION TO VARY CONDITION 5 ATTACHED TO PERMISSION<br />

NO. C11/0986/41/LL TO BE ABLE TO USE THE SITE ALL YEAR FOR<br />

HOLIDAY PURPOSES.<br />

OCEAN HEIGHTS CARAVAN PARK, CHWILOG, GWYNEDD, LL53 6NQ<br />

1. Description:<br />

1.1 This is an application to abolish condition 5 on planning permission C11/0986/41/LL to<br />

allow a holiday season lasting 12 months. This proposal therefore extends the occupancy<br />

period of static caravans on the site from ten and a half months to twelve months. The<br />

existing permission restricts the occupancy of the caravans from 1 March to 10 January the<br />

following year. It is not intended to add to the number of caravans on the site (94 holiday<br />

caravans and one for the warden), only to extend the occupancy period.<br />

1.2 There will be no amendments or additions to the existing facilities on the site as a result of<br />

this application either.<br />

1.3 The site is located in the countryside near the village of Chwilog, and there are three nearby<br />

houses located around a farmyard, with the road to the site running past the yard, between the<br />

houses.<br />

2. Relevant Policies:<br />

2.1 Section 38(6) of the <strong>Planning</strong> and Compulsory Purchase Act 2004 and paragraph 2.1.2 of<br />

<strong>Planning</strong> Policy Wales emphasise that planning decisions should be in accordance with the<br />

Development Plan, unless material considerations indicate otherwise. <strong>Planning</strong> considerations<br />

include National <strong>Planning</strong> Policy and the Unitary Development Plan.<br />

2.2 <strong>Gwynedd</strong> Unitary Development Plan 2009:<br />

POLICY B23 – AMENITIES<br />

Safeguard the amenities of the local neighbourhood by ensuring that proposals conform to a<br />

series of criteria aimed at protecting the recognised features and amenities of the local area.<br />

POLICY CH33 – SAFETY ON ROADS AND STREETS<br />

Development proposals will be approved provided they can conform to specific criteria<br />

relating to the vehicular entrance, the standard of the existing roads network and traffic<br />

calming measures.<br />

POLICY D18 – STATIC HOLIDAY CARAVAN AND HOLIDAY CHALET SITES –<br />

EXTENDING THE SEASON<br />

Proposals for extending the holiday season of static holiday caravan sites (single and double<br />

units) and holiday chalet sites to a period of ten and a half months will be approved provided<br />

the standard of the units is appropriate for human habitation during the winter period.<br />

Supplementary <strong>Planning</strong> Guidance: Holiday Accommodation (July, 2011)


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

2.3 National Policies:<br />

<strong>Planning</strong> Policy Wales (Fifth edition, November 2012)<br />

Chapter 11 Tourism, Sport and Recreation<br />

11.3.3 Authorities need to consider the effect of sport and recreation activities on any<br />

neighbouring facilities in terms of noise, light, traffic and in the case of larger developments,<br />

ease of access and the safety of residents, users and the public<br />

Technical Advice Note 13 – Tourism<br />

Paragraph 14 – Authorities should give sympathetic consideration to applications to extend<br />

the opening period permitted under existing permissions.<br />

3. Relevant <strong>Planning</strong> History:<br />

3.1 C04D/0224/41/LL – variation of condition 3 on consent 3/4/1396A, condition 1 on consent<br />

34/67/1396C and condition 8 of consent 34/67/1396E to allow ten and a half month use of<br />

static caravans. Approved 2005.<br />

3.2 C04D/0538/41/TC – use of land for boat storage, football ground and children's play area<br />

ancillary to existing static caravan park. Approved 2005.<br />

3.3 C09D/0247/41/LL – extend site boundary to re-site five existing static caravans and site six<br />

new static caravans together with environmental improvements. Withdrawn.<br />

3.4 C11/0986/41/LL – application to relocate 12 static caravans and siting four additional<br />

caravans on land that forms an extension to the existing caravan park, to include a<br />

landscaping scheme and re-siting of boat storage area and the use of one of the existing<br />

caravans as the manager’s residence.<br />

4. Consultations:<br />

Community/Town Council:<br />

Transportation Unit:<br />

Fire Officer:<br />

Public Protection Unit:<br />

Strong objections, as approving this application could set a very<br />

dangerous precedent that open the door to every other caravan park<br />

to submit a similar application. It is understood that approval has<br />

already been granted to an application in the Treflys area. The<br />

approval of this type of application could have a detrimental impact<br />

on communities.<br />

No detrimental impact on any road.<br />

Awaiting a response.<br />

During the visit it was noted that the site was of a high standard.<br />

However, some aspects of the conditions have led to a breach of the<br />

licence as noted in a letter dated 01-12-2011 to the applicant through<br />

the agent Charles F Jones.<br />

The applicant is required to comply with the conditions noted above.<br />

The site will be expected to comply with the Model Standards 1989.<br />

If this application were to be approved, the applicant would be<br />

required to conform to the additional licensing conditions relating to<br />

extending the holiday occupancy period throughout the year.


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

The existing site licence, number 406 dated 12-01-1979, requires<br />

amending.<br />

Public Consultation:<br />

A notice was placed on the site and nearby residents were<br />

informed. The advertisement period ended on 8 November<br />

2012 and four letters were received objecting to the<br />

application on the following grounds:-<br />

Impact on the quality of family life due to the<br />

increase in traffic, noise and pollution<br />

Would end the 3-month period of peace and<br />

tranquillity that currently exists<br />

Vehicle lights are likely to affect the amenities in<br />

front of the property, reducing privacy and spoiling<br />

the peace and tranquillity which is enjoyed during the<br />

quiet period<br />

<br />

The access statement is misleading and threatening<br />

as it mentions an appeal in Caerwys<br />

Additional movements would have a likely<br />

detrimental impact on the residents of the three<br />

nearby properties.<br />

<br />

<br />

Access statement contravenes the Supplementary<br />

<strong>Planning</strong> Guidance: Holiday Accommodation<br />

Although there is ten and a half months approval, it<br />

is only in operation for nine months, is residential<br />

status intended<br />

As well as the above-mentioned objections, objections were<br />

submitted that were not valid planning objections, which<br />

included:<br />

<br />

<br />

The caravan owners have no objection to the existing<br />

occupancy restriction.<br />

Wish to see a separate access road created for the<br />

caravan park<br />

Accuracy issues:<br />

A question regarding the accuracy of the land<br />

ownership map and ownership of the access road.<br />

5. Assessment of the material planning considerations:<br />

Principle of the development<br />

5.1 As shown above, the Unitary Development Plan has a specific policy which supports<br />

applications to extend the holiday season of holiday sites to a period of ten and a half months,<br />

provided the standard of the units is appropriate for human habitation during the winter<br />

period.


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

5.2 Historically, conditions have been placed on such sites to ensure that only holiday use occurs<br />

and also, historically, the standard of the units was not suitable for use in the winter. Also, the<br />

nature of holidays has become more varied in terms of location, season and length. Many<br />

more people go on holiday several times a year now, more frequently and for varying periods,<br />

and not necessarily during the summer.<br />

5.3 The UDP already acknowledges that the seasonal nature of tourism causes significant<br />

variation in the demand for workers during the year, and has a notable effect on the economic<br />

prosperity of <strong>Gwynedd</strong>. Therefore, the Plan encourages extending the demand for<br />

accommodation beyond the traditional holiday period. The Supplementary <strong>Planning</strong><br />

Guidance: Holiday Accommodation (2011) also refers to using a holiday occupancy condition<br />

which allows the use of holiday units throughout the year but with relevant conditions which<br />

ensure that such units are not used for permanent residential use.<br />

5.4 Although Policy D18 of the UDP states that proposals to extend the occupancy period from 1<br />

March to 1 January will be approved, there is no restriction or guidance in the condition to<br />

prevent extending the period further. There are many case laws that are clear and supportive<br />

on this matter.<br />

5.5 One of the static caravans on the site has received approval under application<br />

C11/0986/41/LL to be used by the residential site warden throughout the year, and it is<br />

therefore excluded from this application.<br />

Visual amenities<br />

5.5 This proposal will not make the existing situation worse in relation to the impact of the static<br />

caravans on the environment as they are already located on the site throughout the year and it<br />

is not intended to increase their number. Therefore, it is believed that the proposal is<br />

acceptable in relation to the requirements of Policy B23 of the UDP (safeguarding the<br />

amenities of the local neighbourhood).<br />

General and residential amenities<br />

5.6 It is not believed that extending the occupancy period of the caravans will have a significant<br />

impact on the amenities of neighbouring residents bearing in mind that the site already has<br />

approval to be used for 10½ months and that it only adds an extra month and a half to the<br />

existing occupancy period. As the site is unlikely to be full to capacity during this period it is<br />

not considered that the proposal would cause significant harm to the amenities of local<br />

residents, and that the additional disturbance, if any, would be minimal. It must also be<br />

considered that nothing in respect of planning control prevents the caravan owners from<br />

visiting the units for maintenance purposes during the six weeks when they cannot be<br />

occupied, and therefore the potential of journeys back and forth already exists. On this basis,<br />

it is therefore considered that the application is acceptable in terms of the requirements of<br />

Policy B23 as above.<br />

Transport and access matters<br />

5.7 The application does not involve any increase in the number of static caravans, only an<br />

extension to the occupancy period. It is not believed that the extra month and a half in the<br />

caravan occupancy period would lead to a significant escalation in the use of the roads<br />

network serving the site. The Transportation Unit has no concerns regarding the proposal.<br />

Therefore, it is considered that the proposal complies with Policy CH33.<br />

Response to the consultation


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

5.8 Concerns have been raised by the Community Council that approving this application could<br />

set a very dangerous precedent which would open the door to every other caravan park in the<br />

county to submit a similar application. The approval of this type of application could have a<br />

detrimental impact on communities. However, the holiday use on the site could be controlled<br />

by means of new conditions to ensure that the units are not used as permanent dwellings. A<br />

number of sites within the County have already received approval (with relevant conditions)<br />

for this type of development.<br />

5.9 In relation to the objection regarding the impact on the quality of family life due to the<br />

increased traffic, noise and pollution, and that the application is likely to eliminate the three<br />

months of peace and tranquillity that currently exist, it is not considered that extending the<br />

current approved period of ten and a half months by six weeks would have a significant or<br />

unacceptable impact on the amenities of nearby residents.<br />

5.10 It is not considered that passing vehicle lights is likely to affect the amenities at the front of<br />

the property by reducing privacy and spoiling the peace and tranquillity which is enjoyed<br />

during the quiet period, as the additional disturbance, if any, would be minimal.<br />

5.11 Additional movements would have a likely detrimental impact on the residents of the three<br />

nearby properties. It is considered that this concern has been assessed under the headings<br />

‘General and Residential Amenities’ and ‘Transportation and Access Matters’ above.<br />

5.12 The objection also notes that the access statement contravenes the Supplementary <strong>Planning</strong><br />

Guidance: Holiday Accommodation, and that it is also misleading and threatening as it<br />

mentions an appeal in Caerwys. There is no reference as to why it is considered that the<br />

access statement contravenes the SPG. The following observation was also made: Although<br />

there is ten and a half months approval, it is only in operation for nine months, is residential<br />

status intended These points are addressed below:<br />

5.13 The Supplementary <strong>Planning</strong> Guidance: Holiday Accommodation deals with Holiday<br />

Occupancy Conditions in paragraphs 45-47, and paragraphs 46 and 47 state:<br />

‘Although extending the holiday season is something which should be encouraged, this needs<br />

to be balanced with the need to ensure that self-service accommodation and static holiday<br />

caravans and chalets cannot be used as permanent residences. Therefore, appropriate<br />

holiday occupancy conditions will be attached to every planning permission granted for<br />

proposals for self-service accommodation and static holiday caravans and chalets’.<br />

5.14 In accordance with the Supplementary <strong>Planning</strong> Guidance and in the case of static holiday<br />

caravans and holiday chalets, the relevant condition would be:<br />

‘The accommodation will be used for holiday purposes only and will not be occupied as a<br />

person’s sole or main place of residence.’<br />

5.15 As well as the above-mentioned objections, objections were submitted which were not valid<br />

planning objections, which included:<br />

<br />

<br />

The caravan owners have no objection to the existing occupancy restriction – this is not a<br />

relevant planning matter.<br />

Wish to see a separate access road created for the caravan park – this is not relevant to<br />

this application.<br />

5.16 These are immaterial and irrelevant to this application.


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

5.17 There was also a question relating to the accuracy of the land ownership map and ownership<br />

of the access road. By now a new land ownership map has been received which supersedes<br />

the original map that was questioned.<br />

6. Conclusions:<br />

6.1 Despite the objections to the application, it is believed that the application, subject to<br />

conditions, is acceptable on policy grounds and on the grounds of its impact on the amenities<br />

of nearby residents and the wider area. All material considerations were addressed when<br />

determining this application, but this has not changed the recommendation.<br />

7. Recommendation:<br />

7.1 To approve – abolish the relevant conditions to permit a 12-month a year holiday<br />

period, subject to imposing a holiday caravans condition stipulating holiday use only.<br />

APPENDIX 2


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

<strong>Cyngor</strong> <strong>Gwynedd</strong> Council<br />

APPLICATION NUMBER C/12/1323/41/LL<br />

OCEAN HEIGHTS CARAVAN PARK, CHWILOG<br />

CHANGE OF CONDITION IN ORDER TO USE THE PRESENT STATIC<br />

CARAVAN SITE FOR HOLIDAYS ALL THE YEAR ROUND<br />

STATMENT OF THE NEED FOR AN ASSESSMENT OF THE POSSIBLE<br />

EFFECT OF THE PROPOSAL ON THE LINGUISTIC AND CULTURAL<br />

CHARACTER OF THE COMMUNITY<br />

gwasanaethau ymgynghorol<br />

Owain Wyn<br />

consultancy services<br />

10A Palace Street<br />

CAERNARFON<br />

<strong>Gwynedd</strong><br />

LL55 1RR<br />

post@burum.co.uk April 2013


STATMENT OF THE NEED FOR AN ASSESSMENT OF THE<br />

POSSIBLE EFFECT OF THE PROPOSAL ON THE LINGUISTIC AND<br />

CULTURAL CHARACTER OF THE COMMUNITY<br />

Contents<br />

Introduction 1<br />

Characteristics of the Proposal 2<br />

Methodology 3<br />

Economic and Social Context 6<br />

Policy Context 10<br />

Assumptions about Users 12<br />

Proposal’s Impact 17<br />

Conclusions and the Statement 20<br />

Summary and General Conclusion 25<br />

Appendix 1. Lower Layer Super Output Characteristics<br />

(Llanystumdwy Community)<br />

27<br />

Appendix 2 Visitor Assumptions Model 30<br />

Table 1 Statistical Characteristics of the Community 7<br />

Table 2 Ocean Heights’ 2013 Letting Prices 15<br />

Figure 1 2011 Census Output Areas 7


Figure 2 Lower Layer Super Output Area<br />

10<br />

APPLICATION NUMBER C/12/1323/41/LL<br />

OCEAN HEIGHTS CARAVAN PARK, CHWILOG<br />

CHANGE OF CONDITION IN ORDER TO USE THE PRESENT<br />

STATIC CARAVAN SITE FOR HOLIDAYS ALL THE YEAR ROUND<br />

STATMENT OF THE NEED FOR AN ASSESSMENT OF THE<br />

POSSIBLE EFFECT OF THE PROPOSAL ON THE LINGUISTIC AND<br />

CULTURAL CHARACTER OF THE COMMUNITY<br />

INTRODUCTION<br />

8. I was appointed by <strong>Gwynedd</strong> Council on 15 March 2013 to form an opinion, in the form of a<br />

statement, on whether an assessment should be undertaken on the possible effects of the<br />

proposal on the linguistic and cultural character of the community of Chwilog.<br />

9. I am a Business, <strong>Planning</strong> and Regeneration consultant, a Chartered Planner and a corporate<br />

member of the RTPI, the Royal Town <strong>Planning</strong> Institute. I am also a Management Partner in a<br />

small self catering accommodation business on Anglesey and am fairly familiar with how a<br />

holiday accommodation business works.<br />

10. The requirements of the assessment were set out in the letter of appointment, namely:<br />

I. Restrict the assessment to what is relevant to the planning application namely: what<br />

would be the effect of granting 6 extra weeks a year for holiday use only on the<br />

linguistic and cultural character of the community;<br />

II.<br />

Consideration of the proposed development in the application (namely 6 extra weeks a<br />

year for holiday use only) in the context of the relevant local and national planning<br />

policies (including Supplementary <strong>Planning</strong> Guidance: <strong>Planning</strong> and the Welsh<br />

Language) concerning planning and the Welsh Language.


III. Prepare a Community and Linguistic Statement showing the influence of the<br />

development in accordance with the requirements and as noted in Appendix A of<br />

the Supplementary <strong>Planning</strong> Guidance: <strong>Planning</strong> and the Welsh Language.<br />

IV. The work to be completed by not later than 5 April 2013.<br />

11. The report is set out under the following headings:<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

Characteristics of the Proposal;<br />

Methodology;<br />

Economic and Social Context;<br />

Policy Context;<br />

Linguistic Considerations;<br />

Findings;<br />

Conclusions and the Statement<br />

CHARACTERISTICS OF THE PROPOSAL<br />

12. Ocean Heights Caravan Park is one of seven sites in North Wales and Cheshire in the ownership<br />

of Thonely Leisure Ltd. Ocean Heights operates under planning permission which gives the<br />

operator the right to provide and let on the site 94 static caravan pitches and a pitch for one<br />

caravan for the warden. The operator also holds a permit for the same number under the<br />

Caravan Sites and Control of Development Act 1960.<br />

13. Although the operator has planning permission to open for 10 and a half months at present,<br />

advertisements state that the site is open between the beginning of March and the end of<br />

November.


14. The site is about 200 metres to the south of the village of Chwilog. The entrance to the site,<br />

which encompasses three fields, is from the B4354 and along the road and through the farm of<br />

Pen y Bryn. There are two other dwellings at the entrance to the site itself.<br />

15. The site is a mixture of two and three bed roomed caravans and a mixture of caravans in third<br />

party ownership for their own use and some of which are kept for letting. Some are let directly<br />

by the Park operator, Thorley Leisure.<br />

METHODOLOGY<br />

16. It is generally recognised that it is not easy to measure and appraise the impact of a proposed<br />

development on the economic and social characteristic of a community at the best of times. An<br />

assessment must be made of the changes to the community that can be attributed to one<br />

specific intervention. Those changes could be direct and / or indirect.<br />

17. In this case, we are also trying to speculate what could happen in terms of the nature of the<br />

impact. That is, some assumptions must be made as to the nature of the impact (that is the<br />

scale, constitution and the language of the prospective caravan users for the extra six weeks in<br />

question) when the information is not available beforehand. We must also make some<br />

assumptions about the scale and nature of the interaction between the occupiers and the local<br />

community e.g.:<br />

How often would they come into contact with the community<br />

In what language would that interaction be<br />

What would be the influence and the impact of that interaction on the language<br />

and culture of the community<br />

How long lasting would that influence and impact be


18. When making assumptions care must be taken not to introduce prejudices and therefore I will<br />

try to detail the assumptions behind the considerations.<br />

19. The brief asks me to base my opinion by following the questions that are to be answered in<br />

Appendix A of the Supplementary <strong>Planning</strong> Guidance - <strong>Planning</strong> and the Welsh Language. These<br />

have been compiled to help an applicant to prepare relevant planning applications. They have<br />

not been formulated therefore with this sort of ex ante appraisal in mind and care must be<br />

taken when using them.<br />

20. The Appendix asks for the following details to be presented:<br />

1. General – How will the development:-<br />

i. Conform with local and national strategies / plans;<br />

ii.<br />

Meet local needs in the community;<br />

iii. Be likely to protect or add to community facilities;<br />

iv.<br />

Be sustainable in the long term;<br />

iv.<br />

Be likely to get the support of the local community;<br />

2. Population characteristics – Would the development: -<br />

i. Attract immigrants to the area and what would be the effect of that;<br />

ii.<br />

Contribute to emigration from the area and what would the effect of that be<br />

3. Residential – would the development:<br />

i. Reflect the need for local housing including affordable housing;<br />

ii.<br />

Be similar to other developments that were completed in the last five years; If<br />

so, what is the cumulative effect<br />

4. Employment – would the development:<br />

i. Require skilled labour which is available locally;


ii.<br />

Create jobs for the local workforce;<br />

iii. Attract workers from outside the County;<br />

iv. Create new opportunities for the workforce;<br />

v. Lead to further investment;<br />

vi. Contribute to an increased use of Welsh in the local area through visible<br />

methods such as bilingual signs and adverts, promoting understanding of<br />

Welsh amongst the workforce<br />

5. Mitigating Measures – Would it be possible to mitigate negative effects<br />

21. Where relevant, it was also decided to use the following supplementary questions (mainly<br />

derived from the Framework which is used in the Community and Linguistic Impact Assessment)<br />

to add value to the above requirements):<br />

I. Is the development likely to lead to an increase / decrease in the population that could<br />

affect the balance between Welsh / English speakers (in a negative / positive way)<br />

or lead to an absolute or contributory deterioration in the number of Welsh<br />

speakers<br />

II.<br />

Could the development lead to a permanent increase in the proportion of non Welsh<br />

speaking homes<br />

III. Could the development lead to the loss of Welsh speaking homes<br />

IV. Could the development lead to social tensions, conflict or serious divisions within the<br />

Welsh speaking community<br />

V. Could the development lead to changes in the local Welsh traditions / culture<br />

22. The findings are then summarized and evaluated and an opinion formed on the likely effect on<br />

the linguistic and cultural characteristics of the community.


23. In order to make the evidence grounds more robust, information on the nature of the use of the<br />

units and the site were asked for from the prospective developer through his agent. The<br />

following information was asked for:<br />

Monthly occupancy rates for the last 3 years;<br />

The number of 2 and 3 bedroomed units on site;<br />

The proportion of units in ownership and let for rent;<br />

The number and nature of employment on the site;<br />

The number and nature of supply service contracts and the proportion that<br />

come from local suppliers.<br />

24. Unfortunately Thornley Leisure Ltd did not co-operate in giving information within the timescale<br />

for the study. Assumptions had to be made on the basis of published information on the holiday<br />

and static caravan parks’ sector in Wales.<br />

ECONOMIC AND SOCIAL CONTEXT<br />

25. The purpose of this section is to present a picture of the community affected by the<br />

development (the intervention).<br />

26. The data used is mainly from the 2011 Population Census for the Output Areas. The Output<br />

Areas are the lower layer in terms of the geographical areas used to present statistics. In<br />

Chwilog’s case the village is in two Output Areas (WO0000454 a WO0000457). Maps showing<br />

the boundaries of these Areas are in Figure 1.


Figure 1 The Output Areas<br />

27. It can be seen that Ocean Heights Caravan Park site and about half of Chwilog is within<br />

WO0000454, whilst part of middle Chwilog (around the Madryn Pub and the bus stop), is in<br />

WO0000457. That area also contains rural parts around Chwilog and Llanystumdwy but not the<br />

larger part of the village of Llanystumdwy itself. Neither does it include Hafan y Môr Holiday<br />

Park, namely the substantial caravan park and holiday cabins situated nearby to the south of the<br />

A497.<br />

28. Table 1 overleaf presents some key characteristics of these two Output Areas.<br />

Table 1 Statistical Characteristics of the Community


Characteristic WO0000454 WO0000457 Total <strong>Gwynedd</strong><br />

Number of dwellings 148 163 311<br />

Dwellings without<br />

9.5% 12.3%<br />

regular inhabitants<br />

Residential Caravan or<br />

1 3 4<br />

temporary dwelling<br />

Regular Inhabitants 346 294 640<br />

Born in Wales 79.5% 75.5% 66.8%<br />

Born in England 18.8% 19.7% 27.4%<br />

Number of the<br />

271 224 495<br />

population 3yrs old or<br />

over who can speak<br />

Welsh<br />

Percentage of the<br />

81.1% 78.6% 65.4%<br />

population 3yrs old or<br />

over who can speak<br />

Welsh<br />

Percentage of<br />

51.3% 44.1% 45.1%<br />

employees aged 16 - 74


who are economically<br />

active (full time and<br />

part time)<br />

Percentage aged 16 - 74<br />

14.6% 18.5% 12.3%<br />

yrs old who are<br />

economically active<br />

(self employed)<br />

Percentage of those<br />

1.2% 1.4% 3.6%<br />

aged 16 – 74 who are<br />

economically active (out<br />

of work)<br />

Percentage of homes<br />

without deprivation<br />

across the 4 defined<br />

dimensions. 1 47.8% 43.3% 40%<br />

Percentage of homes<br />

3.7% 5.6% 5.7%<br />

with deprivation across<br />

at least 3 of the<br />

dimensions.<br />

1 The four dimensions are Employment (members without work or long time sickness); Education (members<br />

without a level 2 qualification or higher); Health (members with poor or very poor health or long term health<br />

problems); Home (overcrowding or no central heating)


Source: Census 2011<br />

29. The linguistic figures show a small increase in the numbers without skills in Welsh from 68 in<br />

2001 to 88 in 2011.<br />

30. There are some kinds of data that are not available for the Output Area layer. Therefore the<br />

Lower Layer Super Output Area which flocculates geographical communities with a minimum of<br />

1,000 population and 400 dwellings is also used. In this case it includes two other Output Areas<br />

of the rural area to the north as well as the two named above (see Figure 2).<br />

Figure 2 Lower Layer Super Output Area.<br />

31. Appendix 1 presents graphs which show some of the economic and demographic characteristics<br />

of this wider area.<br />

32. 89% of the Primary School children come from Welsh speaking homes.<br />

33. The general picture presented by these statistics suggest, compared with the profile for<br />

<strong>Gwynedd</strong>, that the community is comparatively healthy, economically, socially and linguistically.


POLICY CONTEXT<br />

34. It is not intended to repeat the scope and analysis of the planning policy context given in the<br />

officer’s report to the <strong>Planning</strong> Committee on 25 February 2013. Rather, for completeness,<br />

consideration is given to some other aspects of the planning policy context and some other<br />

relevant policy fields.<br />

Wales’ <strong>Planning</strong> Policy (version 5, 2012)<br />

35. As well as tourism, the following fields are considered important from the point of view of their<br />

effect on the community.<br />

Sustainable development<br />

36. The land use planning system should consider the needs and benefits of Welsh and by doing so<br />

could contribute to its welfare.<br />

37. Promote the reuse of land already developed and land that is being under used.<br />

Economic Development<br />

38. <strong>Planning</strong> authorities should deal with economic development applications in a positive and<br />

constructive way. In deciding on applications for the use of economic land, authorities should<br />

consider the likely economic advantages of the development, using robust evidence.<br />

39. 11.1.2 of the Welsh Government’s Objectives for tourism are:<br />

To promote sustainable tourism in Wales, promoting local prosperity and supporting<br />

community welfare and participation whilst safeguarding and appreciating natural<br />

heritage and culture


Technical Advice Note No 6 – <strong>Planning</strong> for Sustainable Rural Communities<br />

40. Having reviewed this document there is no further guidance concerning this type of<br />

development.<br />

Llŷn Regeneration Plan 2007 - 13<br />

41. The Plan notes that 25% of the wards in Wales suffer from Access to Services depravation. Eight<br />

of these are in Llŷn and Llanystumdwy ward is one of those eight. It is included amongst what is<br />

know as Communities of Need. Amongst the action priorities to spread economic prosperity is<br />

developing tourism of a higher standard.<br />

ASSUMPSIONS ABOUT USERS<br />

42. As mentioned in the above section on methodology, some assumptions had to be made about<br />

the characteristics of the visitors who make use of the caravan park. Specifically, it is necessary<br />

to hypothesize about the users that could be using the place during the six possible extra<br />

weeks, should the application to amend the conditions be granted.<br />

43. In the absence of specific information on the park, general information about the characteristics<br />

of the sector included in reports on the tourism industry is used.<br />

44. There are two main sources:<br />

<br />

A report commissioned by the British Holiday and Home Parks Association (BHHPA) and Visit<br />

Wales, published in 2011.<br />

TNS Report on the use of holiday accommodation in Wales, published in May 2012.<br />

Assessment of the Economic Impact of the Holiday Parks Industry


45. The first report assesses the economic impact of holiday parks on the economy in Wales. It is<br />

based on the following assumptions and it notes some findings relevant to this study:<br />

<br />

Ocean Heights was included as one of the 43 holiday parks that took part in the<br />

study and one of 11 parks in Wales which included a mixture of static units in<br />

ownership and static units for renting out.<br />

There are around 72,000 pitches in holiday parks in Wales with just under 45,000<br />

(62.5%) static unit sites in ownership and around 6,000 (8.3%) static unit sites for<br />

rent (the rest are units for touring vehicles);<br />

<br />

There are around 2.7 million overnight trips to holiday parks in Wales, generating<br />

£381 million to the Welsh economy. 98% of trips and 96% of the spend comes from<br />

visitors from Britain.<br />

Trips to holiday parks has risen by 9% over the period 2008 – 2011;<br />

<br />

<br />

16 out of 517 interviews were conducted with visitors to Ocean Heights;<br />

From the total of 517 interviews, 240 were visitors in static units in ownership, with<br />

36% from Wales. Of the 82 visitors in rented static units, 15% were from Wales;<br />

<br />

The report concludes from the analysis of the holiday parks taking part in the study<br />

that 1 full time equivalent job is created for every 15 units;<br />

<br />

The report concludes from the analysis of the visitor survey that visitors who own<br />

their caravan spend £10.84 a day, whilst visitors renting units spend £13.22 a day.<br />

Wales Accommodation Use Survey 2011<br />

46. This report is based on monthly returns from accommodation in Wales. It includes a section<br />

(Section 7) on caravan holiday parks and cabins. It should be noted that the report refers to


units to let and therefore it is taken that it does not include static units in ownership. The report<br />

is based on a sample of 24 forms which have been, on average, returned every month. The<br />

report notes that there are not enough holiday parks of this kind open during the months of<br />

November to the end of February. Included are tables comparing the monthly letting rates for<br />

the years 2007 to 2011.<br />

<br />

The yearly average varies from between 66% (2008) to 86% (2009) with an average of<br />

83% in 2010;<br />

<br />

The March average varies between 19% (2011) and 52% (2009). This varies depending<br />

on when the Easter Holidays fall.<br />

<br />

The October average varies from between 37% (2008) to 82% (2009) with an average of<br />

69% in 2011;<br />

<br />

<br />

Coastal locations are a little higher than the general average;<br />

4 – 5 star graded parks perform a little better than the March average but around the<br />

average for October.<br />

Profile of Ocean Heights Caravan Park<br />

47. Detailed information on the Park’s profile are not to hand. The little information available has<br />

been gleaned from looking at their website.<br />

There are 94 pitches on the site;<br />

The Park has been graded 5 star by the Visit Wales Grading System;<br />

Three types of unit are let:<br />

Snowdon (3 bedrooms – room for six)<br />

Clwyd (2 bedrooms – room for four)


Tryfan (2 bedrooms – room for four)<br />

48. The letting prices for 2013 are as follows:<br />

Table 2 Ocean Heights’ 2013 Letting Prices<br />

Type of unit March Summer November<br />

Snowdon 190 490 250<br />

Clwyd 180 440 240<br />

Tryfan 170 400 200<br />

49. the present operational period for Caravan Parks runs from the beginning of March through<br />

until the end of November (a nine month period);<br />

50. The applicant's agent has mentioned, on the basis of their experience of similar holiday parks in<br />

England and Wales, that an average letting of between 10% and 15% could be expected in<br />

January / February, which is a reasonable assessment in my opinion.<br />

THE IMPACT OF THE PROPOSAL<br />

Assumptions<br />

I. On the basis of the above information the following assumptions were made to draw up<br />

a model to predict the number of users during the additional six week period.


II.<br />

That 80% are static units in ownership. The average occupancy for units in ownership is<br />

2 persons per night for a 2 bedroomed unit and 3 persons per night for a 3<br />

bedroomed unit;<br />

III. 50% of the above also let their unit for a proportion of time outside the peak season.<br />

The average occupancy is 3 persons per night for a 2 bedroomed unit and 5 persons<br />

per night for a 3 bedroomed unit;<br />

IV. The 20% remaining is kept for renting out. The average occupancy is 3 persons per night<br />

for a 2 bedroomed unit and 5 persons per night for a 3 bedroomed unit;<br />

V. The occupancy profile during the present open season is quite similar to the average<br />

Wales’ profile but a little higher taking into account its costal position and its grade;<br />

VI. Owners who aren’t renting will use the units for 3 nights on average during the six week<br />

period (7%).<br />

VII. Owners renting will succeed in letting 5 nights our of the 42 in question (12%);<br />

VIII.Units for rent will succeed in letting 8 nights out of the 42 possible (19%).<br />

51. Appendix 1 presents a model of the possible number of visitors to the Caravan Park during the<br />

extra six weeks on the basis of the above assumptions.<br />

52. The model predicts that a total of 620 persons will stay during the six weeks in question.<br />

Assuming that these would be spread equally over the six weeks (42 nights) that would equal an<br />

average of 15 persons per night. The model also predicts that that would equal an average of 86<br />

friends / family groups.<br />

53. However, the usual tourism pattern would mean that the distribution would be clustered<br />

around the weekend nights. On the basis of an equal spread between six weekends, that would<br />

mean an average of 52 persons on the site over a weekend.


54. I have also made an assumption about the proportion of these that do not come from Wales<br />

and the proportion that don’t speak Welsh. The result of this broadly is the assumption that 124<br />

out of the 620 would come from Wales, with 25 of those speaking Welsh.<br />

Findings in terms of economic and employment considerations<br />

55. The model also used the BHHPA / Visit Wales report’s findings to try and predict what the<br />

impact would be on the economy and employment. Using the report’s finding on spending, it is<br />

estimated that the extra visits during the six weeks in question would produce a spend of almost<br />

£8,000 (£7,978) during the visit. This includes all sorts of spending and presumably, a large<br />

proportion of that would be spent in locations outside Chwilog. If a spend of 25% is presumed<br />

(e.g. on food and drink from the local shop and pub) that would represent around £2,000 to the<br />

local economy annually during the six week period in question.<br />

56. With regards jobs, the BHHPA / Visit Wales report estimates that one full time equivalent job is<br />

created for every 15 units. In the case of Ocean Heights this would be the equivalent of 6.25 full<br />

time equivalent jobs. Some jobs need to be ignored such as warden or maintenance officer as<br />

those jobs would be there anyway. Others, such as Marketing Officer, would be located<br />

centrally in the Group. In terms of direct jobs, it is likely that the main input into the economy<br />

would be cleaning jobs. In the case of the six week period in question it is assumed that about<br />

55 lettings and 7 visits would be from owners. It is estimated that this would create demand for<br />

about 3.75 full time equivalent jobs over the period in question. On the basis of an average<br />

salary of £12.500 in the sector, that would inject between £5,150 and £7,500 into the local<br />

economy during the six weeks in question.<br />

57. If the Park already uses a network of cleaners from the area then there is a likelihood that these<br />

would be used also during the period in question.


Findings concerning population and residential considerations<br />

58. The above analysis does not suggest that extending the six week period will have a significant<br />

influence in itself on the population or on the tendency to emigrate or immigrate to / from the<br />

area.<br />

Findings concerning linguistic considerations<br />

59. The model assumes that 80% of the 620 visitor nights and 62 lettings at the Park during the six<br />

week period will be people travelling from outside Wales. If it is assumed that these are<br />

dispersed evenly over the 6 weekends, there should be 52 persons at the Park at any given time.<br />

At best, it can be assumed that, of those who come from Wales (10), one or two can speak<br />

Welsh. A total therefore, of about 50 persons who do not speak Welsh will be visiting the area<br />

at any given time during the period in question.<br />

60. No evidence has come to hand about how often these persons would venture out from the park<br />

to the local village. Considering visitor visiting patterns, it must be assumed that they would<br />

spend very little time in the nearest village and that they would choose to travel to attractions<br />

further afield when out of the Park.<br />

61. Considering that the number of the population aged 3 years and over in the Output Area was<br />

495 in 2011, the number of occasions that visitors would visit the village, and, the absence of<br />

any evidence to the contrary in over 40 years of the existence of the Holiday Park in the area, I<br />

come to the conclusion that adding an extra 50 persons to the Park who don’t speak Welsh<br />

would not have a significant negative effect on the Welshness of the village.


CONCLUSIONS AND THE STATEMENT<br />

General<br />

How would the development conform with local and national strategies / plans<br />

62. An inspection of the documents concerning the context of the local and national strategies /<br />

plans suggests that the proposal to extend the opening period of the Caravan Park with the<br />

potential to extend the holiday season will result in small extra economic benefits. It is<br />

considered that the proposals would not contravene other strategies / plans.<br />

How would the development satisfy local needs in the community<br />

63. On the basis of the evidence reviewed and presented in this assessment, the opinion is that<br />

extending the opening period of the Caravan Park would not make a significant difference to<br />

satisfying the local needs of the community.<br />

How is the development likely to protect or add to community facilities<br />

64. On the basis of the evidence reviewed and presented in this assessment, the opinion is that<br />

extending the opening period of the Caravan Park would not make a significant difference in<br />

terms of protecting or adding to community facilities.<br />

How will the development be sustainable in the long term<br />

65. On the basis of the evidence reviewed and presented in this assessment, the opinion is that<br />

extending the opening period of the Caravan Park would not make a significant difference in<br />

terms of adding to the sustainability of businesses and / or facilities in the long term.


How will the development be likely to gain the support of the local community<br />

66. Some concern has been expressed in observations on the application by the local community<br />

and in the local press on the dangers of creating permanent residential dwellings on the site by<br />

changing the condition. However, the opinion is that extending the opening period of the<br />

Caravan Park will not lead to general ill feeling in the community because of the nature of the<br />

holiday park occupancy and that the impact will be very small and temporary.<br />

Population characteristics<br />

Will the development attract immigrants to the area and what would be the effect of that<br />

67. On the basis of the evidence reviewed and presented in this assessment, the opinion is that the<br />

proposal to extend the opening period of the Caravan Park will not have any significant effect on<br />

the attractiveness of the area to immigrants.<br />

Will the development contribute to emigration from the area and what would that effect be<br />

68. On the basis of the evidence reviewed and presented in this assessment, the opinion is that the<br />

proposal to extend the opening period of the Caravan Park will not have any significant effect on<br />

the propensity to emigrate from the area.<br />

Residential<br />

Will the development reflect the need for local housing including affordable housing


69. The opinion is that the proposal to extend the opening period of the Caravan Park is not<br />

relevant to this matter.<br />

Will the development be similar to other developments completed in the last five years If so,<br />

what is the cumulative effect<br />

70. The opinion is that the proposal to extend the opening period of the Caravan Park is not<br />

relevant to this matter.<br />

Employment<br />

Will the development require skilled labour which is available locally<br />

71. On the basis of the evidence reviewed and presented in this assessment, the opinion is that the<br />

proposal to extend the opening period of the Caravan Park will not increase significantly the<br />

demand for skilled labour available locally.<br />

Will the development create jobs for the local workforce<br />

72. On the basis of the evidence reviewed and presented in this assessment, the opinion is that the<br />

proposal to extend the opening period of the Caravan Park will not increase significantly the<br />

demand for skilled labour available locally.<br />

Will the development attract workers from outside the County<br />

73. On the basis of the evidence reviewed and presented in this assessment, the opinion is that the<br />

proposal to extend the opening period of the Caravan Park will not attract workers from outside<br />

the County.


Will the development create new opportunities for the workforce<br />

74. On the basis of the evidence reviewed and presented in this assessment, the opinion is that the<br />

proposal to extend the opening period of the Caravan Park will not create substantial new<br />

opportunities for the workforce.<br />

Will the development lead to further investment<br />

75. On the basis of the evidence reviewed and presented in this assessment, the opinion is that the<br />

proposal to extend the opening period of the Caravan Park will not of itself lead to further<br />

investment but it could protect and strengthen the status of the present investment.<br />

Will the development contribute to an increased use of Welsh in the local area through<br />

visible methods such as bilingual signs and adverts, promoting understanding of Welsh<br />

amongst the workforce<br />

76. The opinion is that the intention to extend the opening period of the Caravan Park is not<br />

relevant to this matter.<br />

Additional Considerations<br />

Is the development likely to lead to an increase / decrease in the population that could affect<br />

the balance between Welsh / English speakers (in a negative / positive way) or lead to an<br />

absolute or contributory deterioration in the number of Welsh speakers<br />

77. On the basis of the evidence reviewed and presented in this assessment, the opinion is that the<br />

proposal to extend the opening period of the Caravan Park is not likely to lead to changes in the


population which could effect the balance between Welsh / English speakers (in a negative /<br />

positive way) or lead to an absolute or partial deterioration in the numbers of Welsh speakers.<br />

Could the development lead to a continuous increase in the proportion of non Welsh<br />

speaking homes<br />

78. On the basis of the evidence reviewed and presented in this assessment, the opinion is that the<br />

proposal to extend the opening period of the Caravan Park, with the appropriate conditions and<br />

efficient monitoring, will not lead to a continuous increase in the proportion of non Welsh<br />

speaking homes.<br />

Could the development lead to the loss of Welsh speaking homes<br />

79. On the basis of the evidence reviewed and presented in this assessment, the opinion is that the<br />

proposal to extend the opening period of the Caravan Park will not lead to the loss of Welsh<br />

speaking homes.<br />

Could the development lead to changes in the local Welsh traditions / culture<br />

80. On the basis of the evidence reviewed and presented in this assessment, the opinion is that the<br />

proposal to extend the opening period of the Caravan Park will not lead to changes to the local<br />

Welsh traditions / culture.<br />

Mitigating Measures<br />

Would it be possible to mitigate negative effects


81. On the basis of the evidence reviewed and presented in this assessment, the opinion is that<br />

there are no significant negative economic, social or linguistic effects as a result to the intention<br />

to extend the opening period of the Caravan Park.<br />

SUMMARY OF CONCLUSIONS AND THE STATMENT<br />

82. The purpose of this report is to collect evidence to form an opinion of the need to undertake an<br />

assessment of the possible effect on the linguistic and cultural character of the community of<br />

Chwilog of the proposal to permit the use of Ocean Heights Caravan Park for an extra six week<br />

period during January and February every year.<br />

83. In order to make the assessment, information on the community relied on the recently<br />

published results of the 2011 Census. In the absence of direct knowledge about the usage<br />

characteristics and about the site’s consumers, use has been made of information collected and<br />

published on holiday parks’ occupancy rates and on economic impacts (including static caravan<br />

parks) in Wales. Some assumptions were make about how many 2 and 3 bedroomed units are<br />

on the site and the proportion that are let out by owners to visitors.<br />

84. The model used predicts that a total o 620 persons will stay during the six weeks in question.<br />

The usual tourism pattern would mean that the distribution would be clustered around the<br />

weekend nights. On the basis of an equal spread between six weekends, that would mean an<br />

average of up to 52 persons on the site over a weekend. At best it can be presumed that, of<br />

those who come from Wales (10), one or two will be able to speak Welsh. A total therefore, of<br />

about 50 persons who do not speak Welsh will be visiting the area at any given time during the<br />

period in question.


85. No evidence has come to hand about how often these persons would venture out from the park<br />

to the local village. Considering visitor visiting patterns, it must be assumed that they would<br />

spend very little time in the nearest village and that they would choose to travel to attractions<br />

further afield when out of the Park.<br />

86. Considering that the population aged 3 years and over in Chwilog was around 500 in 2011, the<br />

number of occasions that visitors would visit the village, and, the absence of any evidence to the<br />

contrary in over 40 years of the existence of the Holiday Park in the area, I come to the<br />

conclusion that adding an extra 50 persons to the Park who don’t speak Welsh would not have a<br />

significant negative effect on the Welshness of the village.<br />

87. It is considered therefore, that the proposal would not effect the balance between Welsh /<br />

English speakers nor would it lead to an absolute or contributory deterioration in the number of<br />

Welsh speakers.<br />

88. On the basis of the evidence reviewed and presented in this assessment, the opinion is that<br />

there are no significant negative economic, social or linguistic effects as a result to the proposal<br />

to extend the opening period of the Caravan Park.<br />

Owain Wyn B.Sc (Econ), M.Sc Town <strong>Planning</strong>, MBA, MRTPI<br />

April 2013


89. APPENDIX 1 – LOWER LAYER SUPER OUTPUT AREA CHARACTERISTICS<br />

90. Percentage of the Population in each Age Range<br />

91.<br />

92. Composition of the Neighbourhood Dwellings<br />

93.


94. Type of Homes in the Neighbourhood<br />

95.<br />

96. Economic Activity<br />

97.


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

98. APPENDIX 2 VISITOR ASSUMPTIONS MODEL<br />

PARC CARAFANAU OCEAN HEIGHTS<br />

Snowdon Clwyd Tryfan Cyfanswm<br />

Nifer y Lleiniau a 47 28 19 94<br />

Nifer mewn Perchnogaeth (80%) a*.8 38 23 15 75<br />

Nifer nad ydynt yn cael eu rhentu (50%) a*.5 19 11 8 38<br />

Nifer o'r uchod sy'n cael eu rhentu (50%) a*.5 19 11 8 38<br />

Nifer sy'n cael eu gosod ar rent a*.2 9 6 4 19<br />

Cyfartaledd Deiliadaeth Chwe wythnos<br />

Perchnogion yn unig b 3 2 2<br />

Perchnogion sy'n rhentu c 5 3 3<br />

Unedau ar rhent ch 5 3 3<br />

Nifer y Gosodiadau Cyfnod Chwe wythnos<br />

Perchnogion yn unig (3 noson) d 1 1 1 3<br />

Perchnogion sy'n rhentu(5 noson) dd 2 2 2 6<br />

Unedau ar rhent (8 noson) e 3 3 3 9<br />

Cyfanswm 18<br />

Nifer y gosodiadau<br />

Perchnogion yn unig (3 noson) b*d 3 2 2 7<br />

Perchnogion sy'n rhentu(5 noson) c*dd 10 6 6 22<br />

Unedau ar rhent (8 noson) ch*e 15 9 9 33<br />

Cyfanswm 62<br />

Cyfanswm Nosweithiau Ymwelwyr (Unedau*Deiliadaeth*Gosodiadau)<br />

Perchnogion yn unig (3 noson) f(a*.5*b*d) 56 23 15 94<br />

Perchnogion sy'n rhentu(5 noson) ff(a*.5*c*dd) 188 68 45 301<br />

Unedau ar rhent (8 noson) g(a*.2*ch*e) 141 51 34 226<br />

Cyfansymiau h 385 141 94 620<br />

Cyfartaledd person y noson h/42 9 3 2 15<br />

Cyfartaledd person (penwythnos yn unig= 2 noson) h/12 32 12 8 52<br />

Cyfartaledd tu allan i Gymru i(a*.5*b*d )*.8) 308 113 75 496<br />

Cyfartaledd o Gymru j(a*.5*b*d) *.2) 77 28 19 124<br />

Cyfartaledd o Gymru sy'n ddi Gymraeg k((a*.5*b*d) *.2)*.8 62 23 15 99<br />

Nifer Ymwelwyr sy'n ddi Gymraeg l 370 135 90 596<br />

Nifer Ymwelwyr sy'n siarad Cymraeg ll 15 6 4 25<br />

Siaradwyr Di-Gymraeg<br />

Cyfartaledd person y noson l/42 9 3 2 14<br />

Cyfartaledd person (penwythnos yn unig) l/12 31 11 8 50<br />

Siaradwyr Cymraeg<br />

Cyfartaledd person y noson ll/42 0 0 0 1<br />

Cyfartaledd person (penwythnos yn unig) ll/12 1 0 0 2<br />

Nifer yr archebion<br />

Perchnogion yn unig (1 ymweliad) m 19 11 8 38<br />

Perchnogion sy'n rhentu(2 archeb) n 19 7 5 30<br />

Unedau ar rhent (3 archeb) o 9 6 4 19<br />

Cyfanswm grwpiau/teuluoedd 86<br />

Gwariant y dydd<br />

Perchnogion p(f*£10.84) 1019<br />

Rhentwyr ph(ff+g)*£13.22) 6959<br />

Cyfanswm r 7978<br />

Canran o wariant yn y gymdogaeth 25% 1994<br />

99.<br />

Swyddi 11.5%*5 CLLA 0.58<br />

Swyddi (ar benwythnosau) (dd+e)*2 awr 3.67


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

APPENDIX 3


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

APPENDIX 4


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

APPENDIX 5


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

APPENDIX 6


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

APPENDIX 7


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI


PWYLLGOR CYNLLUNIO DYDDIAD: 29/04/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

APPENDIX 8


Number: 2


Application Number: C12/1605/44/LL<br />

Date Registered: 20/02/2013<br />

Application Type: Full - <strong>Planning</strong><br />

Community:<br />

Porthmadog<br />

Ward:<br />

Porthmadog West<br />

Proposal:<br />

Location:<br />

CONSTRUCT BOAT STORAGE BUILDING AND CREATE VEHICLE<br />

PARKING AREA TO INCLUDE ERECTION OF BOUNDARY FENCE AND<br />

ACCESS GATES<br />

LAND OPPOSITE, MADOC YACHT CLUB, CORNHILL, PORTHMADOG, GWYNEDD,<br />

LL499AS<br />

Summary of the Recommendation:<br />

TO APPROVE WITH CONDITIONS<br />

1. Description:<br />

1.1 The application involves changing land use to create a building for boat storage and<br />

creating a car park for vehicles along with a retrospective element to retain a fence and<br />

access gate to the site. The site is located on Cornhill, Porthmadog with the road abutting<br />

the site on one side and large rocks to the rear. The adjacent site is used for boat storage<br />

and is surrounded by a steel fence painted black. The adjacent land to the other direction<br />

is part of a domestic garden. The residential houses around the area are mixed with<br />

industrial type units/land use which mainly involve the maritime industry, sailing/leisure<br />

club. Consequently, there is a wide variety of buildings and land use within the area<br />

including several ‘yards’ surrounded by fences similar to the fence which forms part of<br />

the application and similar access.<br />

1.2 It is intended to construct the storage building in block work with a profile sheeting roof<br />

and a roller door on a third of it with the remainder being open.<br />

1.3 The site is within the development boundary of Porthmadog. The site is adjacent to a<br />

listed building and there are listed buildings on the other side of the road. The site also<br />

lies within a conservation area. The land is connected to Madog Sailing Club which is<br />

opposite.<br />

2. Relevant Policies:<br />

2.1 Section 38(6) of the <strong>Planning</strong> and Compulsory Purchase Act 2004 and paragraph 2.1.2 of<br />

<strong>Planning</strong> Policy Wales emphasise that planning decisions should be in accordance with<br />

the Development Plan, unless material considerations indicate otherwise. <strong>Planning</strong><br />

considerations include National <strong>Planning</strong> Policy and the Unitary Development Plan.<br />

2.2 <strong>Gwynedd</strong> Unitary Development Plan 2009:<br />

POLICY B3 – DEVELOPMENTS AFFECTING THE SETTING OF LISTED BUILDINGS<br />

Ensure that proposals have no adverse effect on the setting of Listed Buildings and that they<br />

conform to a series of criteria aimed at protecting the special character of the Listed Building and<br />

the local environment.


POLICY B4 – DEVELOPMENTS IN OR AFFECTING THE SETTING OF CONSERVATION<br />

AREAS<br />

Ensure that proposals within conservation areas, or proposals that affect their setting, are refused<br />

unless they aim to maintain or enhance the character or appearance of the conservation area and<br />

its setting.<br />

POLICY B22 – BUILDING DESIGN<br />

Promote good building design by ensuring that proposals conform to a series of criteria aimed at<br />

safeguarding the recognised features and character of the local landscape and environment.<br />

POLICY B23 – AMENITIES<br />

Safeguard the amenities of the local neighbourhood by ensuring that proposals conform to a<br />

series of criteria aimed at protecting the recognised features and amenities of the local area.<br />

POLICY B25 – BUILDING MATERIALS<br />

Safeguard the visual character by ensuring that building materials are of a high standard and are<br />

in keeping with the character and appearance of the local area.<br />

POLICY CH33 – SAFETY ON ROADS AND STREETS<br />

Development proposals will be approved provided they can conform to specific criteria relating<br />

to the vehicular entrance, the standard of the existing roads network and traffic calming measures.<br />

POLICY CH36 – PRIVATE CAR PARKING FACILITIES<br />

Proposal which provide private parking facilities will be approved subject to standard criteria.<br />

POLICY CH48 – BOAT STORAGE FACILITIES<br />

Boat storage facilities will be approved provided they are in suitable buildings or if this is not<br />

possible, in locations where they will be unobtrusive.<br />

2.3 National Policies:<br />

<strong>Planning</strong> Policy Wales Version 5, 2012<br />

The Welsh Office Circular 61/96 – ‘<strong>Planning</strong> and the Historic Environment: Listed Buildings and<br />

Conservation Areas’.<br />

3. Relevant <strong>Planning</strong> History:<br />

3.1 The site has no formal relevant planning history. The site was empty for some years prior<br />

to being bought by the applicants.<br />

4. Consultations:<br />

Community/Town Council:<br />

Transportation Unit:<br />

Environment Agency:<br />

No objection, provided that the materials are in keeping with the<br />

area.<br />

No objection, the site is outside the local roads network.<br />

No response.


Welsh Water:<br />

Conservation Officer:<br />

Public Consultation:<br />

No response.<br />

The site is located within the Porthmadog Conservation Area and<br />

there are several listed buildings nearby. There is no objection to the<br />

application as it is not considered that the proposal would affect the<br />

appearance or character of the area or buildings, but it is suggested<br />

that the fence is painted a dark colour to be in keeping with the area.<br />

A notice was placed on the site and nearby residents were informed.<br />

The consultation period ended on 13.03.13 and six letters /<br />

correspondences were received objecting to the application on the<br />

following grounds:<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

The type and colour of the fence that has been erected does<br />

not comply with the surrounding area which is a<br />

Conservation Area with listed buildings nearby.<br />

The fence is already in place.<br />

Concern regarding the materials for the proposed shed’s<br />

external walls and roof.<br />

Concern regarding the roller shutter door.<br />

The application changes the use of the site.<br />

Need to consider highway matters.<br />

Landscaping required.<br />

Observations were also received which are not relevant planning<br />

matters, involving:<br />

<br />

<br />

<br />

Double yellow lines required to prevent parking.<br />

Reference to the need to receive permission from CADW.<br />

Condition relating to not keeping rubbish on the site.<br />

5. Assessment of the material planning considerations:<br />

Principle of the development<br />

5.1 Due to the nature of the proposal it is considered appropriate to assess the principle under<br />

Policies CH48.<br />

5.2 Policy CH48 involves boat storage facilities and proposals for boat storage facilities will<br />

be approved provided the criteria can be complied with, which include locating the boats<br />

in existing suitable buildings or in locations where they will be unobtrusive. The type of<br />

boats intended to be stored here are sailing boats and it is intended to construct a shed to<br />

store some whilst it is possible that others will be stored outside in the compound. It is<br />

not considered that this will be obtrusive as this area is maritime by nature and there are<br />

several maritime businesses and boat storage areas along the road. It is therefore<br />

considered that the proposal complies with policy CH48.


Visual amenities<br />

5.3 Policies B22 and B25 involve the design of buildings and their materials. It is believed<br />

that the proposal to construct an open shed with approximately 1/3 of it being a storage<br />

area with a roller shutter door does comply with Policy B22 as it is considered suitable in<br />

terms of scale, size and form. It would not have an unacceptable detrimental effect on the<br />

form or character of the surrounding townscape, or the local historical environment<br />

(further consideration is given to this element below). Neither is it likely to have an<br />

unacceptable detrimental effect on prominent views as it is located against a background<br />

of large rocks and with similar land use nearby. The roller shutter door would be located<br />

on a part of the shed furthest from the road and facing away from the adjacent road. It is<br />

not considered that it would be visible or likely to cause any harm to the amenities of the<br />

area.<br />

5.4 Given the nature of other buildings in the area and the nature of the use of the proposed<br />

shed, it is considered that acceptable materials could mean that the proposal complies<br />

with Policy B25 and this can be controlled with conditions.<br />

5.5 There are listed buildings near the site and the site is located within a Conservation Area.<br />

Policy B3 involves developments which affect listed buildings and states that proposals<br />

which affect listed buildings will not be approved unless the specific criteria noted can be<br />

complied with. Policy B4 involves developments within or which affect Conservation<br />

Areas and states that they will be refused unless they maintain or enhance the character or<br />

appearance of the area and its setting. It is believed that the land use is suitable given<br />

these matters and that the proposal would not have a detrimental effect on the setting or<br />

character of the listed buildings or conservation areas because these types of land uses,<br />

fences and buildings are seen in and around the site area. This is the character of the area.<br />

Therefore, it is believed that the proposal complies with Policies B3 and B4; however the<br />

fence which has already been erected needs to be painted a dark colour to be in keeping<br />

with the fence on neighbouring lands. This will ensure a better appearance and will be<br />

suitable for the area. Also, a condition could be imposed to ensure that a suitable<br />

landscaping scheme is implemented in order to soften the appearance of the fence which<br />

is between the site and 2 Cornhill.<br />

General and residential amenities<br />

5.6 Policy B23 of the UDP requires that consideration be given to any impact on the<br />

amenities of the local neighbourhood. Developers are expected to show clearly that the<br />

development safeguards the privacy of users of neighbouring properties, that it is not an<br />

over-development, that there will be no additional traffic or noise at a level which would<br />

cause significant harm to local amenities etc.<br />

5.7 The nature of the area has already been described in this report, and on these grounds as<br />

well as the neighbouring land uses, it is not considered that there would be a detrimental<br />

effect on the amenities of the local neighbourhood should the proposal be approved. It is<br />

therefore believed that the proposal complies with policy B23.<br />

Transport and access matters


5.8 Based on the response of the Highways Unit, it is considered that the proposal is<br />

acceptable in terms of policies CH33 and CH36 which involve safety on roads and streets<br />

and private parking facilities. It is not an uncommon use in the area and it is likely that it<br />

would improve the existing situation of parking and storing by creating a suitable area for<br />

this.<br />

Response to the public consultation<br />

5.9 It is considered that the matters raised in the objections which include the design and<br />

colour of the fence, suitable materials for the boat storage area and the concern that the<br />

development is out of character on this site which is within a conservation area and near<br />

listed buildings have been addressed within the assessment above.<br />

5.10 It is not considered that matters involving managing parking and rubbish are material<br />

planning issues to be considered when assessing the application.<br />

6. Conclusions:<br />

6.1 Based on the above assessment it is not believed that the proposal is contrary to relevant<br />

policies and that there are no other material planning issues that state otherwise.<br />

7. Recommendation:<br />

To approve – with conditions<br />

1. time<br />

2. plans<br />

3. materials<br />

4. landscaping<br />

5. painting the fence


Number: 3


Application Number: C12/1622/39/LL<br />

Date Registered: 18/12/2012<br />

Application Type: Full - <strong>Planning</strong><br />

Community:<br />

Llanengan<br />

Ward:<br />

Abersoch<br />

Proposal:<br />

Location:<br />

SINGLE AND TWO-STOREY EXTENSIONS AND ALTERATIONS<br />

TOGETHER WITH DOUBLE GARAGE<br />

SEA BREEZE, LÔN SARN BACH, ABERSOCH, PWLLHELI, GWYNEDD, LL537DY<br />

Crynodeb o’r Argymhelliad:<br />

TO APPROVE<br />

1. Description:<br />

1.1 The application was deferred at the <strong>Planning</strong> Committee on 18 March 2013 at the Local<br />

Member’s request in order to undertake a site inspection.<br />

1.2 This is a proposal to construct single and two-storey extensions to the front and rear of<br />

the property, along with alterations, including extending a balcony and creating a porch<br />

as well as erecting a double garage within the curtilage of the property. The two-storey<br />

property stands behind a row of houses that run parallel with Abersoch High Street with<br />

the property in question on a level that is slightly lower than the road. The rear of the<br />

property is visible from the junction through a gap between the premises of Neigwl and<br />

Carisbrooke.<br />

1.3 The site lies within the development boundary of Abersoch and it is also within the Area<br />

of Outstanding Natural Beauty (AONB). To the north and west of the property there are<br />

dwelling houses and to the east and south there is an unused field and back gardens. The<br />

property is approximately 57m from the third class county road and access is gained to<br />

the site through the Neigwl property access and right of way. It is understood that the<br />

house was once the home of the manager of the Neigwl Hotel but it has now been sold<br />

separately.<br />

1.3 The application is submitted to committee because more than three objections have been<br />

received.<br />

2. Relevant Policies<br />

2.1 Section 38(6) of the <strong>Planning</strong> and Compulsory Purchase Act 2004 and paragraph 2.1.2 of<br />

<strong>Planning</strong> Policy Wales emphasise that planning decisions should be in accordance with<br />

the Development Plan, unless material considerations indicate otherwise. <strong>Planning</strong><br />

considerations include National <strong>Planning</strong> Policy and the Unitary Development Plan.<br />

2.2 <strong>Gwynedd</strong> Unitary Development Plan 2009:<br />

POLICY B8 – THE LLŶN AND ANGLESEY AREAS OF OUTSTANDING<br />

NATURAL BEAUTY (AONB) - Safeguard, maintain and enhance the character of the<br />

Areas of Outstanding Natural Beauty by ensuring that proposals conform to a series of<br />

criteria aimed at protecting the recognised features of the site.


POLICY B22 – BUILDING DESIGN – Promote good building design by ensuring that<br />

proposals conform to a series of criteria aimed at protecting the recognised features and<br />

character of the local landscape and environment.<br />

POLICY B23 – AMENITIES - Safeguard the amenities of the local area by ensuring that<br />

proposals conform to a series of criteria aimed at protecting the recognised features and<br />

amenities of the local area.<br />

POLICY B24 - ALTERING AND EXTENDING BUILDINGS WITHIN<br />

DEVELOPMENT BOUNDARIES, RURAL VILLAGES AND THE COUNTRYSIDE -<br />

Ensure that proposals for alterations or extensions to buildings conform to a series of<br />

criteria aimed at protecting the character and amenity value of the local area.<br />

POLICY B25 – BUILDING MATERIALS - Safeguard the visual character by ensuring<br />

that the building materials are of high standard and in keeping with the character and<br />

appearance of the local area.<br />

POLICY CH33 – SAFETY ON ROADS AND STREETS - Development proposals will<br />

be approved if they can conform to specific criteria regarding the vehicular access,<br />

standard of the existing road network and traffic calming measures.<br />

POLICY CH36 - PRIVATE CAR PARKING FACILITIES - Proposals for new<br />

developments, extension of existing developments or change of use will be refused unless<br />

off-street parking is provided in accordance with the Council’s current parking<br />

guidelines. Consideration will be given to the accessibility of public transport services,<br />

the possibility of walking or cycling from the site and the proximity of the site to a public<br />

car park. In circumstances where there is an assessed need for off-street parking and<br />

when the developer does not offer parking facilities on the site, or where it is not possible<br />

to take advantage of the existing parking provisions, proposals will be approved provided<br />

the developer contributes to the cost of improving the accessibility of the site or<br />

providing the number of necessary parking spaces on another site nearby.<br />

2.3 National Policies:<br />

<strong>Planning</strong> Policy Wales (Fifth edition, February 2012)<br />

TAN 12: Design<br />

3. Relevant <strong>Planning</strong> History:<br />

3.1 C05D/0435/39/LL Extension to the side of a house and a balcony on the first floor:<br />

Approved 1 September 2005<br />

C00D/0047/39/LL Adapt a car port into a bedroom and rear hall: Approved 14 April<br />

2000<br />

2/19/401D Amended details for a house: Approved 21 November 1988<br />

2/19/401C Demolish and rebuild a house: Approved 25 May 1988<br />

2/19/401B House and garage near Neigwl: Approved 2 December 1987<br />

4. Consultations:<br />

Community/Town Council:<br />

Transportation Unit:<br />

Object, due to overdevelopment of a confined site.<br />

No objection: the proposal retains sufficient parking and turning


provision within the curtilage and uses the same access to the<br />

highway, therefore unlikely to have a detrimental impact on the local<br />

road network.<br />

AONB Unit:<br />

Public Consultation:<br />

Sea Breeze or Gwynt y Môr is a modern two-storey house that is of<br />

quite considerable size located centrally in the village of Abersoch.<br />

Neither the house nor the site is prominent in the landscape.<br />

Generally there is no objection to the application in question on the<br />

grounds of the impact on the Llŷn AONB but it is believed perhaps<br />

the glass surface area on the eastern side of the property should be<br />

restricted.<br />

A notice was placed on the site and nearby residents were informed.<br />

The advertising period ended on 29 January 2013. Eleven letters /<br />

correspondences were received from five individual objectors along<br />

with a letter from the solicitor of one of the objectors. The<br />

objections were based on:<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

Concern regarding the size and height of the extensions and<br />

the garage, overdevelopment, dominates the site, an eye<br />

sore, not a reflection of the size of the curtilage and amenity<br />

area<br />

No objection to a smaller extension and garage<br />

Insensitive extensions – impact on the character and visual<br />

amenities of the area.<br />

Previous extensions on the property, the former staff house<br />

has been extended sufficiently.<br />

No justification has been submitted for an extension and<br />

garage of this size.<br />

Significant impact on the amenities of the neighbouring<br />

residents, overlooking the neighbour’s garden and loss of<br />

privacy.<br />

Loss of existing trees and hedges.<br />

From the road junction, the extension and the garage block<br />

the public’s view across the sea and reduces the view of St<br />

Tudwal’s Island.<br />

Need to protect important views within the AONB; creates a<br />

precedent to develop and affecting the AONB in the future.<br />

A garage was refused on appeal for a nearby house the the<br />

grounds of loss of view.<br />

Lack of parking and turning space in the curtilage, for the<br />

number of bedrooms; referring to the recommendation of the<br />

Highways Officer on the previous application.<br />

Access through a right of way past the Neigwl property.<br />

Access in and out of the site involves crossing a busy<br />

junction – development placing greater pressure on the<br />

junction and the road.<br />

Contrary to policies B8, B22, B23, B24, CH33 and CH36.<br />

Need for a condition for the withdrawal of the<br />

property’s permitted development rights (as the


property will have been significantly developed)<br />

Impose a condition restricting use of the garage for<br />

vehicles only and not for any other use such as ancillary<br />

accommodation to the house.<br />

Stating that the applicant’s photomontages do not<br />

convey the real impact of losing public views of the bay<br />

The roof of the rear extension is dominating<br />

A 70 year old palm tree – merited a Tree Preservation<br />

Order<br />

The distance of the building from the gate does not<br />

convey the actual setting<br />

5. Assessment of the material planning considerations:<br />

As well as the above-mentioned objections, objections were<br />

submitted which were not valid planning objections, which included:<br />

Loss of view of the sea and the harbour<br />

Issues raised regarding the right of way<br />

Not able to advertise as a hotel with sea views as a result of<br />

the development, leading to loss of business and revenue.<br />

Holiday home, unnecessary holiday development.<br />

Principle, design and visual amenities<br />

5.1 Generally policies B22 and B24 of the GUDP approve proposals to extend existing<br />

houses and erect curtilage buildings provided they comply with the associated criteria and<br />

the above-mentioned policies. The proposal would involve creating an extension under<br />

the empty space of the existing rear balcony and extending it along the rear of the<br />

building. Part of it will be a two-storey extension similar to a large dormer window facing<br />

the sea. Also, there will be an extension extending out to the rear of the property, with the<br />

slope of the existing roof extending over it with a lower two-storey section providing an<br />

additional room in the roof space. It is also intended to erect a port on a pillar on the<br />

southern gable end and create a larger balcony area on the rear corner. The development<br />

also includes constructing a double garage with a slate roof within the curtilage of the<br />

property.<br />

5.2 A number of objectors have expressed concern regarding the size, height and scale of the<br />

proposed extensions and garage, claiming that it is an over-development of a site of this<br />

size. They also suggest that the property has already been sufficiently extended in the<br />

past. The form and location of the extensions take advantage of the empty space under<br />

the existing front balcony and the slope of the rear roof being extended over the proposed<br />

rear extension that is relatively small. In terms of design and finish, it is considered that<br />

the extensions are in keeping and respect the appearance of the existing property. An<br />

amended plan was received on 18 March 2013 for the garage which shows that the height<br />

of its roof has been reduced to 3.62m rather than 4m as in the original plan in order to<br />

alleviate the concerns of the objectors. It is considered that its size and height are<br />

acceptable for a building of this type and again, it is in keeping with the property and its<br />

surroundings. It is considered that this corner is the most appropriate location for the<br />

building, replacing the existing old garden shed. Although the garage will encroach into<br />

the existing garden, there is disagreement with the objectors that there will be an


unacceptable significant reduction in the amenity area of the property. It is not considered<br />

that what is being proposed is unreasonable in terms of size and scale in this case and the<br />

design and materials are in keeping with the built character of the area. Therefore it is<br />

considered that the proposal complies with criteria 1 and 2 of policies B22, B24 and B25.<br />

5.3 A number of the objectors state that approving the proposed extensions and the garage<br />

would have a significant detrimental impact on the views of the sea and St Tudwal’s<br />

Islands from a public vantage point near the adjacent junction. As a result, the applicant<br />

submitted photomontages to reflect the appearance of the proposal from the direction of<br />

the highway, showing that the development will not substantially stand out. The objectors<br />

also refer to an appeal that was refused 2/19/766A for the nearby Tacoma property, on<br />

the grounds of its impact on the prominent views from the village. Raising part of the<br />

roof of the rear extension will mean that some of the horizon line will be lost. However,<br />

bearing in mind that the property is much lower than the level of the road and junction<br />

and that the property and view can only be seen through a narrow gap of approximately 9<br />

metres between two houses, it is not considered that the proposal has an unacceptable<br />

detrimental impact on the visual amenities of the area in terms of extensive views across<br />

the AONB that would justify refusing the application. The AONB Officer does not object<br />

to the proposal. With regard to the above-mentioned appeal decision, it is not entirely<br />

relevant as this was a proposal for the erection of a garage in a gap between two houses<br />

much nearer to the road, and therefore, it would be a much more intrusive feature in the<br />

street scene. In light of the above, it is considered that the proposal is acceptable in the<br />

context of policy B8 and criterion 3 of policy B22.<br />

5.4 It is also claimed that trees and hedges will be lost as a result of the proposal<br />

consequently affecting the visual amenities of the area. In reality, it is only the shrubs of a<br />

small garden that will be cleared which are not of any high amenity value. Nevertheless,<br />

a condition could be imposed to ensure that landscaping work is undertaken to alleviate<br />

any possible effects.<br />

5.5 Based on the above, it is considered that the design and location of the proposal is<br />

acceptable and reasonable in terms of size, scale and form. It is not considered that a<br />

development of this scale, within a built area, would have an unacceptable significant<br />

impact on the AONB’s extensive and important views and landscape and, therefore, the<br />

proposal is in accordance with the requirements of Policies B8, B22, B24 and B25 of the<br />

GUDP.<br />

General and residential amenities<br />

5.6 Policy B23 aims to safeguard amenities and maintain the privacy of the local<br />

neighbourhood. In this case, the majority of the additional windows and French doors are<br />

to be installed on the front and side of the property looking over the property’s garden<br />

and an unused field in the direction of the sea. Despite the neighbour’s claims, it is not<br />

considered that the proposal creates over-looking or has an impact on privacy. It appears<br />

that the owner of the Neigwl property is unhappy with the garage element in the proposal<br />

as it will be visible in their view-line of the sea. The garage in its lower, amended form<br />

will be an improvement in this respect. Loss of view is not a planning consideration, and<br />

bearing in mind that the other property is on a slightly higher level it is not considered<br />

that the garage is likely to have an intrusive impact or overshadow the property. We<br />

disagree with the objectors that the proposal is an over-development as there is sufficient<br />

space within the curtilage for the development without compromising the amenity area


significantly. Therefore, it is considered that the impact on the neighbours’ amenities is<br />

not unacceptable and that it complies with the requirements of policy B23 of the GUDP.<br />

Transport and access matters<br />

5.7 The proposal does not involve changing the property’s vehicular access and the applicant<br />

does not own the access to the county road or the right of way track. Whilst the objectors<br />

note that the curtilage is narrow and without sufficient turning space, the site plan shows<br />

to the contrary. Details were submitted by the applicant showing that a right of way also<br />

exists in a triangle near the access gate outside the property of Sea Breeze. The Transport<br />

Officer considers the parking space and the turning space to be sufficient and satisfactory.<br />

It is not considered that the proposed extension and the garage will create an increase in<br />

traffic using the site or any significant change to road safety. Therefore it is considered<br />

that the proposal is acceptable, in terms of parking and road safety and complies with<br />

policies CH33 and CH36 of the GUDP.<br />

6. Conclusions:<br />

6.1 Having considered the proposal in the context of relevant policies and the objectors’<br />

arguments, it is considered that the proposal is acceptable. The location, form and size of<br />

the extensions and amended garage are reasonable for the property and are in keeping<br />

with the character of the building and its surroundings. A development of this size is not<br />

prominent and does not have a substantial impact on the landscape of the AONB or the<br />

important views into and out of it. Neither is there a detrimental impact on the amenities<br />

of nearby resident or harmful implications to roads in this case. Based on the assessment<br />

above it is considered that the proposal complies with the requirements of the<br />

aforementioned policies and is acceptable to be approved with relevant conditions.<br />

7. Recommendation:<br />

7.1 To approve – conditions – five years, in accordance with the plans and amended plans of<br />

the garage, slate roof, finish to be in keeping with the existing house, landscaping.


Number: 4


Application Number: C13/0028/35/AM<br />

Date Registered: 22/01/2013<br />

Application Type: Outline<br />

Community:<br />

Criccieth<br />

Ward:<br />

Criccieth<br />

Proposal:<br />

Location:<br />

Summary of the<br />

Recommendation:<br />

RENEWAL OF PLANNING PERMISSION C08D/0478/35/AM FOR THE<br />

ERECTION OF 34 SHELTERED HOUSING UNITS FOR THE ELDERLY,<br />

WARDEN ACCOMMODATION, 2 STAFF UNITS, COMMUNAL<br />

FACILITIES AND PARKING FOR RESIDENTS, STAFF AND GEORGE IV<br />

HOTEL TOGETHER WITH LANDSCAPING<br />

LAND ADJ. GEORGE IV HOTEL, HIGH STREET, CRICCIETH, GWYNEDD<br />

TO APPROVE WITH CONDITIONS<br />

1. Description:<br />

1.1 This is an outline application to renew planning permission number C08D/0478/35/AM<br />

approved on appeal in 2010. Details relating to appearance and landscaping have been<br />

reserved for future consideration through an application to approve reserved matters.<br />

Therefore, the application to hand relates to access, design and size.<br />

1.2 The development involves erecting 34 sheltered housing units for the elderly, one warden<br />

accommodation and two staff accommodation units, and communal facilities. The<br />

proposal would also provide 18 parking spaces for use by the residential units’ occupiers,<br />

and 15 parking spaces for use by the George IV Hotel on the opposite side of the High<br />

Street.<br />

1.3 The site is currently used as a car park and garden associated with the hotel opposite the<br />

site. To the north of the site is the High Street, and to the south is a public car park. The<br />

site lies within the development boundary and also within the Conservation Area.<br />

2. Relevant Policies<br />

2.1 Section 38(6) of the <strong>Planning</strong> and Compulsory Purchase Act 2004 and paragraph 2.1.2 of<br />

<strong>Planning</strong> Policy Wales emphasise that planning decisions should be in accordance with the<br />

Development Plan, unless material considerations indicate otherwise. <strong>Planning</strong><br />

considerations include National <strong>Planning</strong> Policy and the Unitary Development Plan.<br />

2.2 <strong>Gwynedd</strong> Unitary Development Plan 2009:<br />

POLICY A2 – PROTECTING THE SOCIAL, LINGUISTIC AND CULTURAL FABRIC OF<br />

COMMUNITIES<br />

Safeguard the social, linguistic or cultural cohesion of communities against significant harm due<br />

to the size, scale or location of proposals.<br />

POLICY B3 – DEVELOPMENTS AFFECTING THE SETTING OF LISTED BUILDINGS


Ensure that proposals have no adverse effect on the setting of Listed Buildings and that they<br />

conform to a series of criteria aimed at protecting the special character of the Listed Building and<br />

the local environment.<br />

POLICY B4 – DEVELOPMENTS IN OR AFFECTING THE SETTING OF CONSERVATION<br />

AREAS<br />

Ensure that proposals within conservation areas, or proposals that affect their setting, are refused<br />

unless they aim to maintain or enhance the character or appearance of the conservation area and<br />

its setting.<br />

POLICY B22 – BUILDING DESIGN<br />

Promote good building design by ensuring that proposals conform to a series of criteria aimed at<br />

safeguarding the recognised features and character of the local landscape and environment.<br />

POLICY B23 – AMENITIES<br />

Safeguard the amenities of the local neighbourhood by ensuring that proposals conform to a<br />

series of criteria aimed at protecting the recognised features and amenities of the local area.<br />

POLICY B25 – BUILDING MATERIALS<br />

Safeguard the visual character by ensuring that building materials are of a high standard and are<br />

in keeping with the character and appearance of the local area.<br />

POLICY C1 – LOCATING NEW DEVELOPMENT<br />

Land within the development boundaries of towns and villages and the developed form of rural<br />

villages will be the main focus for new development. New buildings, structures and ancillary<br />

facilities in the countryside will be refused with the exception of a development that is permitted<br />

by another policy of the Plan.<br />

POLICY C3 – RE-USING PREVIOUSLY DEVELOPED SITES<br />

Proposals that give priority to re-using previously developed land or buildings that are located<br />

within or near development boundaries will be permitted provided the site or building and the<br />

proposed use are appropriate.<br />

POLICY C7 – BUILDING IN A SUSTAINABLE MANNER<br />

Proposals for new development or for the adaptation and change of use of land or buildings will<br />

be refused where consideration has not been given to specific environmental matters. Proposals<br />

must conform to specific criteria relating to building in a sustainable manner, unless it can be<br />

demonstrated that it is impractical to do so.<br />

POLICY CH4 – NEW DWELLINGS ON UNALLOCATED SITES WITHIN THE<br />

DEVELOPMENT BOUNDARIES OF LOCAL CENTRES AND VILLAGES<br />

Approve proposals to build new dwellings on unallocated sites within the boundaries of Local<br />

Centres and Villages provided they conform to criteria aimed at ensuring an affordable element<br />

within the development.<br />

POLICY CH30 – ACCESS FOR ALL<br />

Proposals for residential/business/commercial units or buildings/facilities for public use will be<br />

refused unless it can be shown that full consideration has been given to the provision of<br />

appropriate access for the widest possible range of individuals.<br />

CH33 – SAFETY ON ROADS AND STREETS


Development proposals will be approved if they comply with specific criteria relating to the<br />

vehicular access, the standard of the existing roads network and traffic calming measures.«<br />

POLICY CH36 – PRIVATE CAR PARKING FACILITIES<br />

Proposals for new development, extensions to existing development or change of use will be<br />

refused unless off-street parking is provided in accordance with the Council’s current parking<br />

guidelines, and having given due consideration to the accessibility of public transport, the<br />

possibility of walking or cycling from the site and the proximity of the site to a public car park.<br />

2.3 National Policies:<br />

<strong>Planning</strong> Policy Wales – Fifth edition (November 2012)<br />

- Part 4.9 – Preference for the re-use of land<br />

- Part 4.10 – Promoting sustainability through good design<br />

- Part 4.11 – <strong>Planning</strong> for sustainable buildings<br />

- Para. 6.5.9 – Effect on listed buildings<br />

- Para. 6.5.16 – 6.5.18 & 6.5.20 – Effect on listed buildings<br />

- Para. 8.7.1 – Development control and transport<br />

- Para. 9.2.14 – The community’s need for affordable housing<br />

- Para. 9.3.1 – New housing developments should be integrated and well-connected to the<br />

existing settlement pattern.<br />

Technical Advice Note 2: <strong>Planning</strong> and Affordable Housing<br />

Technical Advice Note 12: Design<br />

Technical Advice Note 18: Transport<br />

Technical Advice Note 20: The Welsh Language<br />

Technical Advice Note 22: <strong>Planning</strong> for sustainable buildings<br />

Supplementary <strong>Planning</strong> Guidance: Affordable Housing<br />

Supplementary <strong>Planning</strong> Guidance: <strong>Planning</strong> and the Welsh Language<br />

Supplementary <strong>Planning</strong> Guidance: <strong>Planning</strong> for sustainable building<br />

<strong>Gwynedd</strong> Design Guidance<br />

3. Relevant <strong>Planning</strong> History:<br />

C04D/0392/35/LL – Erect a building to provide 41 retirement flats together with additional<br />

provision, and a car park and landscaping. Withdrawn 16/02/09<br />

C05D/0211/35/LL – Erect a building to provide 41 retirement flats together with additional<br />

provision, and a car park and landscaping. Refused 25/07/05<br />

C08D/0478/35/AM – Construction of 37 residential units to include 34 sheltered housing units<br />

for the elderly, warden accommodation and two staff residences, parking provision for residents<br />

and staff, separate parking for visitors to the George IV Hotel and landscaping. Refused –<br />

Approved on appeal 15/03/10<br />

4. Consultations:<br />

Community/Town Council:<br />

The Members reached the unanimous decision to OBJECT to this<br />

application. Nearly five years have now passed since the original


application was submitted and nothing has happened on the land –<br />

indeed, it is in an atrocious condition and is a haven for rats. The<br />

appeal made by the applicants was based on a great demand for this<br />

type of development in the town. The site is within a conservation<br />

area where requirements must be proven, and particularly special<br />

reasons given to support an application, but since there has been no<br />

development, and no development has commenced in all this time,<br />

the Members of the Town Council are of the view that the needs test<br />

has failed. Therefore, the application should be REFUSED.<br />

Transportation Unit:<br />

Welsh Water:<br />

Network Rail:<br />

CADW:<br />

Environment Agency:<br />

Conservation Officer:<br />

Biodiversity:<br />

Welsh Water:<br />

Strategic Housing Policy Unit:<br />

I note that this development has already been refused by <strong>Gwynedd</strong><br />

Council, and was subsequently approved following a successful<br />

appeal by the applicant. The Inspector has stipulated conditions in<br />

the report, including conditions regarding introducing a 6 metre wide<br />

entrance, with a gradient of no more than 1:20 from the highway.<br />

The plans submitted include an entrance measuring approximately<br />

4.5 metres wide down to the car park, on a gradient of 1:10. The<br />

plans do not therefore comply with the Inspector’s requirements. I<br />

suppose, however, that the Inspector’s observations are too strict, and<br />

that the condition regarding the gradient could make it nearly<br />

impossible to provide an entrance which would comply within the<br />

scope of the current plan, therefore I confirm that I would be happy<br />

to accept a gradient of 1:12 as a compromise. Furthermore, widening<br />

the entrance to 5 metres would be sufficient to allow two vehicles to<br />

pass each other and allow a safe space for pedestrians.<br />

No response at the time of writing the report.<br />

No objection in principle – observations relating to land drainage,<br />

ground levels, noise and financial contribution through a Section 106<br />

agreement or towards the improvements to the railway network.<br />

Observations but no objection.<br />

Low risk and standard advice.<br />

The land is located near three grade II listed buildings, and also<br />

within the Criccieth Conservation Area. As this in an application to<br />

renew permission and that nothing has changed from the previous<br />

application, there is no objection to the application.<br />

No response at the time of writing the report.<br />

Standard conditions.<br />

Having considered the prices noted for the sale of these units, they<br />

seem affordable and agree with the principle of receiving a<br />

commuted sum. Having seen how this figure was calculated,<br />

although initially I thought it was low, I agree with what is being<br />

proposed.


Social Services:<br />

From a strategic perspective a development of this type corresponds<br />

with the <strong>Gwynedd</strong> Housing Partnership Strategy and the Older<br />

People Commissioning Strategy (Social Services).<br />

We are aware of the significant increase over the next 15 years in the<br />

population of older people in <strong>Gwynedd</strong>, and the need for a wide<br />

range of suitable accommodation to address their needs. At present<br />

the percentage of the population of <strong>Gwynedd</strong> who are 65+ years old<br />

is 21.8%. The number of people over 65 in Criccieth is significantly<br />

higher than the average for <strong>Gwynedd</strong>. 31.5% of the population of<br />

Criccieth are over 65 years old.<br />

Any such private investment reduces the need for the Council to<br />

make investments itself, and offers a choice for some older people to<br />

be able to move to accommodation that is suitable for them.<br />

Public Protection Unit:<br />

Public Consultation:<br />

No response at the time of writing the report.<br />

A notice was placed on the site and nearby residents were informed.<br />

The consultation period ended on 21/02/13. At the time of writing the<br />

report, nine letters / pieces of correspondence had been received<br />

objecting on the following grounds:<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

Parking spaces for the George are too far away from the<br />

hotel.<br />

Loss o parking spaces for coaches – leading to coaches<br />

parking and blocking the road outside the George Hotel.<br />

Dangerous entrance, in a busy location and the slope is steep.<br />

Effect on traffic flow, especially in the summer.<br />

The site is an essential part of the listed hotel in historical and<br />

parking terms.<br />

Detrimental to the conservation area.<br />

Detrimental to the open views of the castle from this part of<br />

the town – contrary to policy B22.<br />

Density is too high, creating a built-up area.<br />

The design, size and density of the development is out of<br />

place and is different to other developments in the area.<br />

Too high.<br />

The development would create an over-provision of care<br />

homes in the village which is contrary to policy CH41.<br />

The cumulative impact from this development and the new<br />

extension which has already been constructed on the George<br />

Hotel.<br />

Impact and additional strain on local medical services.<br />

The size of the building, the roof line and design are<br />

detrimental to the conservation area.<br />

Detrimental impact on the setting of Capel Mawr which is a<br />

grade II listed building.<br />

Effect on the character of listed buildings and ancient


monuments which contribute to Criccieth’s sense of place.<br />

Unsuitable development in terms of scale and location.<br />

Is there a need for this type of development<br />

Effect on Criccieth as a seaside town and the tourism<br />

industry.<br />

Is the location suitable for older people when shops and local<br />

facilities are closing<br />

Will cause an imbalance between the young and the elderly<br />

in the town.<br />

Causes overlooking and loss of privacy.<br />

The bin collection point is opposite the bus stop.<br />

There are problems with Japanese knotweed on the site.<br />

A strain on facilities such as water and sewerage.<br />

As well as the abovementioned objections, objections were received<br />

which were not valid planning objections, which include:<br />

Landownership issues.<br />

Speculative developer.<br />

Suggestions for a smaller development, a different<br />

design/layout.<br />

5. Assessment of the material planning considerations:<br />

Previous application and the decision of the appeal<br />

5.1 This is an application to renew an outline permission, therefore there is no change to the<br />

plan. The principle of this proposal has already been accepted and established by the<br />

Inspector in an appeal decision. This is a material planning consideration. It is therefore<br />

important to consider whether circumstances have changed in the meantime since<br />

approving the application. In respect of the appeal decision, the Inspector noted that the<br />

impact on the Criccieth Conservation Area and the setting of the nearby listed buildings<br />

were the main matters to be considered.<br />

Principle of the development<br />

5.2 In light of local policies, the <strong>Planning</strong> Inspector determined the appeal based on the policies<br />

of the <strong>Gwynedd</strong> Unitary Development Plan, therefore there has been no material change in<br />

the policies.<br />

5.3 Policies C1, C3 and CH4 are relevant to this application. Policy C1 relates to locating new<br />

development, and the main focus of the policy is to support developments within the<br />

development boundaries of towns and villages. The application site is within the<br />

development boundary of Criccieth, therefore the application complies with policy C1.<br />

Policy C3 gives priority to re-using previously developed land. Part of the site is being used<br />

as a car park for the George IV hotel, and consequently development on this site would<br />

equate to developing on previously developed land. The proposal therefore complies with<br />

policy C3.


5.4 Policy CH4 is relevant to this application. The policy permits erecting new housing on<br />

unallocated sites within the development boundaries of local centres and villages, provided<br />

the proposal satisfies the criteria in the policy.<br />

5.5 In line with what was determined in relation to the original application, providing an<br />

element of affordable housing for general local need within the development is essential in<br />

accordance with the requirements of Policy CH4 of the UDP. This was provided in the<br />

original application in the form of a financial contribution towards providing affordable<br />

housing offsite. In his appeal decision, the Inspector noted that the Council had agreed that<br />

such a contribution would be the most appropriate option given the specialist nature of the<br />

residential units proposed. The Inspector agreed that this perspective satisfied the relevant<br />

criteria in respect of providing a planning obligation.<br />

5.6 The applicant’s agent has confirmed that they are keen to continue with the terms of the<br />

planning obligation. The financial contribution means £134,000 towards providing<br />

affordable housing in <strong>Gwynedd</strong>. Information and evidence was received from the applicant<br />

which showed expected prices for the units, which are between £90,000 and £110,000. In<br />

addition to this the size and nature of the units are also affordable and meet affordable<br />

housing needs for a specific age. Conditions (which are also on the appeal decision) ensure<br />

that the units would only be provided for people over 55 years of age. Consequently the<br />

financial contribution continues to be acceptable and is relevant to the development.<br />

Following the statutory consultation process the Strategic Housing Unit had no objection to<br />

the proposal. The proposal therefore complies with policy CH4.<br />

5.7 Objectors, including Criccieth Town Council, dispute the need for this type of<br />

accommodation in the area, since there has been no development, and no development has<br />

commenced since the appeal. The Inspector noted, in relation to the previous application,<br />

that <strong>Gwynedd</strong> Council had confirmed, having considered demographic patterns, that there<br />

will be an increasing demand for this type of provision.<br />

5.8 Social Services have confirmed that this type of development corresponds with the<br />

<strong>Gwynedd</strong> Housing Partnership Strategy and the Older People Commissioning Strategy.<br />

Any such private investment reduces the need for the Council to make its own investment,<br />

and offers a choice for some older people to be able to move to accommodation that is<br />

suitable for them. They acknowledge that there will be a significant increase over the next<br />

15 years in the population of older people in <strong>Gwynedd</strong>, and the need for a wide range of<br />

suitable accommodation to address their needs.<br />

5.9 At present the percentage of the population of <strong>Gwynedd</strong> who are over 65 years old is<br />

21.8%. The number of people over 65 years old in Criccieth is significantly higher than the<br />

average for <strong>Gwynedd</strong>. 31.5% of the population of Criccieth are 65+ years old. In terms of<br />

the age group who would be eligible to live in the proposed units, namely people who are<br />

55 years old or older, the Census notes that 45.8% of the population of the Criccieth ward<br />

fits into this category. It is noted that the population of <strong>Gwynedd</strong> continues to age, and the<br />

2008 population projections support this.<br />

5.10 It is believed that this information is adequate to prove that the need remains in the area,<br />

and there appears to be no material change in circumstances since the previous permission<br />

which would lead to refusing the application. It is considered that the application is in<br />

accordance with policies C1, C3 and CH4.


Design and visual and residential amenities.<br />

5.11 Policies B3, B4, B22, B23, B25 and CH4 are a consideration for this aspect of the<br />

application. This is an application to renew an outline permission; therefore there is no<br />

change to the plans which were previously approved on appeal.<br />

5.12 The visual impact of the development which includes the effect on the conservation area,<br />

listed buildings and the streetscape have already been acknowledged as acceptable by the<br />

<strong>Planning</strong> Inspector. Since the appeal the George Hotel has constructed a substantial rear<br />

extension on the building. As it was a rear extension that was constructed, it is not<br />

considered that it will alter the impact of this development on the streetscape and the<br />

conservation area to a degree that would warrant refusing the application.<br />

5.13 The objectors’ concerns have been acknowledged and have received full consideration, and<br />

there is no other evidence to show a material change in circumstances since the previous<br />

planning permission. Therefore, it is considered that the application continues to be<br />

acceptable and complies with policies B3, B4, B22, B23, B25 and CH4.<br />

Language Statement<br />

5.14 This report was submitted which included specific information regarding the local area and<br />

population and the impact of the development on related matters. The report acknowledges<br />

the importance of the Welsh language and the consideration that should be given to all<br />

relevant issues.<br />

5.16 Policy A2 states that proposals which would cause significant harm to the social, linguistic<br />

or cultural cohesion of communities, due to their size, scale or location, will be refused. It<br />

is not considered that the scale of this proposal is unsuitable for the local community, and<br />

neither would it cause significant harm to the social, linguistic or cultural cohesion of<br />

Criccieth. There is a recognised need for housing of this particular type in the area, and the<br />

proposal can contribute to this need. The village has good community services and<br />

convenient links to Porthmadog and Pwllheli. Due to the special nature of this<br />

development, it is not anticipated that this type of development would attract buyers<br />

searching for a second home. To this end, it is not believed that the proposal is contrary to<br />

Policy A2, as it is not considered that there would be pressure on the language or a negative<br />

effect on the community. This is also in accordance with the Supplementary <strong>Planning</strong><br />

Guidance: <strong>Planning</strong> and the Welsh Language.<br />

Transport and access matters<br />

5.17 Policies CH33 and CH36 relate to safety on roads and streets and private car parking<br />

facilities. There is no objection to the proposal in terms of these policies, as a suitable<br />

vehicular entrance to the site and the area can be provided, and since the existing roads<br />

network can cope with the traffic resulting from the development. The highways authority<br />

has responded to the consultation and had no objection to the proposal. The objectors’<br />

concerns have been acknowledged and have received full consideration, but there is no<br />

other evidence to demonstrate a material change in circumstances since the previous<br />

planning permission. With conditions, it is considered that the proposal complies with<br />

policies CH33 and CH36 of the GUDP.


Infrastructure matters<br />

5.18 Network Rail have asked for a financial contribution, either through a planning obligation<br />

or a Community Infrastructure Levy, in order to reduce the impact of the development on<br />

the rail network. Any contribution must be relevant to the application in question. No<br />

evidence has been submitted by Network Rail to show that the current network is<br />

unsuitable or substandard for the potential higher number of users that could result directly<br />

from this development. Furthermore, there is no evidence that this development will<br />

directly have a negative impact on the rail network. Subsequently it is not considered that<br />

this request is entirely reasonably vital for this development.<br />

Sustainability matters<br />

5.19 The national policy considerations have changed since the original application. The site is<br />

registered with a Sustainability Code assessor and the applicant has submitted a preassessment<br />

report to show that the units could reach level 3 of the code for sustainable<br />

homes. <strong>Planning</strong> conditions must be imposed in order to ensure compliance with reaching<br />

the appropriate standard of the code for sustainable homes. The application therefore<br />

complies with policy C7 and TAN 22.<br />

6. Conclusions:<br />

6.1 The objections by local residents have received full consideration as noted above. Based on<br />

the above assessment, and having considered all the relevant matters, including the<br />

objections, it is not considered that the proposal is contrary to the local and national<br />

policies and guidelines noted in the assessment, nor are there any material planning<br />

considerations that state otherwise. Based on the above, it is considered that the proposal<br />

continues to be acceptable subject to relevant conditions.<br />

7. Recommendation:<br />

To approve – with conditions<br />

1. Five years.<br />

2. Submit reserved matters (appearance and landscaping) within three years.<br />

3. Restrict use of the units to people over 55 years of age.<br />

4. Materials and finishes.<br />

5. Access and parking.<br />

6. Details on trees.<br />

7. Landscaping.<br />

8. Submit a plan for eradicating Japanese knotweed.<br />

9. Sustainability Code.<br />

10. Welsh Water<br />

11. Development to comply with the approved plans.


Number: 5


Application Number: C13/0094/36/LL<br />

Date Registered: 15/02/2013<br />

Application Type: Full - <strong>Planning</strong><br />

Community:<br />

Dolbenmaen<br />

Ward:<br />

Dolbenmaen<br />

Proposal:<br />

Location:<br />

FULL APPLICATION FOR THE ERECTION OF A WASTE WATER<br />

TREATMENT PLANT TO INCLUDE BUILDINGS, TANKS, ENGINEERING<br />

WORK, EQUIPMENT, TRACKS, SOLAR PANELS AND LANDSCAPING<br />

WATER WORKS, GARNDOLBENMAEN, GWYNEDD, LL519HZ<br />

Summary of the Recommendation:<br />

TO APPROVE<br />

1. Description:<br />

1.1 This is a full application to erect a waste water treatment plant, including buildings,<br />

tanks, engineering work, equipment, tracks, solar panels, landscaping and a<br />

temporary compound. It is a substantial development and the highest point of the<br />

buildings will measure just short of 10m high to the ridge but the main bulk of the<br />

buildings will be broken up using different materials and building levels. The<br />

development will be used as a waste water treatment to ensure the quality of drinking<br />

water in the area.<br />

1.2 A Welsh Water site already exists near this site. The site is located in open<br />

countryside and near the A487 trunk road. The site is within 350m of the boundary of<br />

the Snowdonia National Park.<br />

2. Relevant Policies:<br />

2.1 Section 38(6) of the <strong>Planning</strong> and Compulsory Purchase Act 2004 and paragraph<br />

2.1.2 of <strong>Planning</strong> Policy Wales emphasise that planning decisions should be in<br />

accordance with the Development Plan, unless material considerations indicate<br />

otherwise. <strong>Planning</strong> considerations include National <strong>Planning</strong> Policy and the Unitary<br />

Development Plan.<br />

2.2 <strong>Gwynedd</strong> Unitary Development Plan 2009:<br />

POLICY A1 – ENVIRONMENTAL OR OTHER IMPACT ASSESSMENTS<br />

Ensure that sufficient information is provided with the planning application regarding<br />

any environmental impacts or other likely and substantial impact in the form of an<br />

environmental assessment or assessments of other impacts.<br />

POLICY B7 – SITES OF ARCHAEOLOGICAL IMPORTANCE<br />

Refuse proposals which will damage or destroy archaeological remains of national<br />

importance (whether scheduled or not) or their setting. Also refuse any development<br />

that will affect other archaeological remains unless the need for the development<br />

overrides the significance of the archaeological remains.<br />

POLICY B14 – PROTECTING THE LANDSCAPE CHARACTER OF<br />

SNOWDONIA NATIONAL PARK


Protect the landscape character of Snowdonia National Park by refusing proposals<br />

which are visually obtrusive and/or are located insensitively and unsympathetically<br />

within the landscape.<br />

POLICY B22 – BUILDING DESIGN<br />

Promote good building design by ensuring that proposals conform to a series of<br />

criteria aimed at safeguarding the recognised features and character of the local<br />

landscape and environment.<br />

POLICY B23 – AMENITIES<br />

Safeguard the amenities of the local neighbourhood by ensuring that proposals<br />

conform to a series of criteria aimed at protecting the recognised features and<br />

amenities of the local area.<br />

POLICY B25 – BUILDING MATERIALS<br />

Safeguard the visual character by ensuring that building materials are of a high<br />

standard and are in keeping with the character and appearance of the local area.<br />

POLICY B27 – LANDSCAPING SCHEMES<br />

Ensure that permitted proposals incorporate high quality soft/hard landscaping which<br />

is appropriate to the site and which takes into consideration a series of factors aimed<br />

at avoiding damage to recognised features.<br />

POLICY B32 - INCREASING SURFACE WATER<br />

Refuse proposals that do not include flood minimisation measures or appropriate<br />

mitigating measures that will reduce the volume and rate at which surface water<br />

reaches and flows into rivers and other water courses.<br />

POLICY C1 – LOCATING NEW DEVELOPMENT<br />

Land within the development boundaries of towns and villages and the developed<br />

form of rural villages will be the main focus for new development. New buildings,<br />

structures and ancillary facilities in the countryside will be refused with the exception<br />

of a development that is permitted by another policy of the Plan.<br />

POLICY C27 – RENEWABLE AND SUSTAINABLE ENERGY SCHEMES<br />

Proposals for renewable energy and sustainable energy management schemes will be<br />

approved provided that a series of criteria relating to the impact on the visual quality<br />

of the landscape and environmental and social factors can be met.<br />

CH19 – PROVISION OF NEW INFRASTRUCTURE OR PUBLIC SERVICES<br />

Proposals to provide infrastructure or public services will be approved provided they<br />

can conform to a series of specific criteria relating to the scale and design of the<br />

development, along with visual, environmental, amenity and highway matters.<br />

POLICY CH33 – SAFETY ON ROADS AND STREETS<br />

Development proposals will be approved provided they can conform to specific<br />

criteria relating to the vehicular entrance, the standard of the existing roads network<br />

and traffic calming measures.<br />

POLICY D5 – SPECIAL LOCATION NEEDS<br />

In exceptional cases, permit the location of industrial or business developments on<br />

sites not allocated or safeguarded for business/industry if there are true ‘special local<br />

needs’ which cannot be met on a High Standard Employment Site or Industrial Site.


2.3 National Policies:<br />

<strong>Planning</strong> Policy Wales, Version 5, 2012<br />

Technical Advice Note 12: Design<br />

Circular 60/96 – <strong>Planning</strong> and the Historic Environment: Archaeology<br />

3. Relevant <strong>Planning</strong> History:<br />

3.1 A similar application within the Snowdonia National Park was refused recently.<br />

4. Consultations:<br />

Community/Town Council:<br />

Transportation Unit:<br />

Footpaths Unit:<br />

Environmental Health<br />

Environment Agency:<br />

<strong>Gwynedd</strong> Archaeological Trust:<br />

Support<br />

No objection<br />

No objection as there is no impact on public rights of way<br />

No response<br />

Relevant conditions and observations on SUDS drainage system<br />

Archaeological reports have already been approved by the GAT<br />

recently, and this confirms that the area has significant archaeological<br />

potential. Further observations describe the exact nature and<br />

importance of these findings.<br />

In this context and in accordance with <strong>Planning</strong> Policy Wales and<br />

Circular 60/69, the GAT recommends that if planning permission is<br />

granted an appropriate alleviation plan should be secured. The<br />

detailed observations given by the GAT in their formal observations<br />

on the application outlines the measures that should be included in<br />

the alleviation plan and also outlines an appropriate planning<br />

condition to ensure this.<br />

Welsh Water:<br />

Snowdonia National Park:<br />

Biodiversity Unit:<br />

Natural Resources Wales:<br />

The Welsh Assembly<br />

Government Transportation<br />

Unit:<br />

CPRW:<br />

No response.<br />

No observations<br />

No negative impact on biodiversity. A landscaping condition<br />

is needed to secure indigenous species. Also small changes<br />

are needed to the area that forms the temporary compound in<br />

order to protect existing trees and hedges.<br />

No objection based on ecological issues but information on<br />

an appropriate working method and relevant considerations.<br />

No objection<br />

No response.


Public Consultation: Notices were placed on/around the site and<br />

neighbouring residents were informed. The<br />

consultation period ended on 4 April 2013 and no<br />

response had been received.<br />

5. Assessment of the material planning considerations:<br />

5.1 Principle of the development<br />

5.2 Policy A1 requests that proposals be refused unless sufficient information is provided<br />

with the application concerning any significant likely environmental or other impacts<br />

which could include ecological matters, noise, traffic, health, archaeological matters<br />

etc. A number of assessments have been submitted with the application and it is<br />

considered that sufficient information is available in order to be able to assess the<br />

application in accordance with Policy A1.<br />

5.3 Policy C1 notes that land within development boundaries will be the main focus for<br />

new developments and new buildings in the countryside will be refused with the<br />

exception of developments which are permitted under other policies within the<br />

Unitary Development Plan, e.g. developments associated with providing statutory<br />

infrastructure such as this proposal. In cases such as this, Policy C1 requests that<br />

these types of developments are strictly controlled and should be spatially well related<br />

to existing developments.<br />

5.4 In the context of Policy C1, Policy CH19 involves providing new infrastructure or<br />

public services and it is considered that this proposal falls within this definition.<br />

Policy CH19 has four criterias: that the scale and design of the development is<br />

suitable for the location; that there will be no significant harm to the landscape,<br />

coastline, biodiversity or historical area/features, especially within or near designated<br />

areas; there will be no significant harm to the amenities of residents or nearby<br />

sensitive uses; that the proposal is acceptable in respect of parking, traffic and road<br />

safety. These criterias are also considered under more relevant policies below.<br />

5.5 It is also believed that Policy D5 is relevant to the proposal as specific location needs<br />

exists for the proposed development. This involves the need to locate industrial<br />

developments on unallocated sites or sites that have not been safeguarded for<br />

business/commercial uses. This will not be appropriate in this case due to the nature<br />

of the work and the process.<br />

5.6 It is also noted that the option of locating the proposal on another site was addressed<br />

and that an application to provide the same type of infrastructure was submitted to the<br />

Snowdonia National Park but it was refused.<br />

5.7 Based on the information noted above it is believed that the proposal is in accordance<br />

with the policies noted above and is acceptable in terms of principle.<br />

5.8 Visual amenities<br />

5.9 It is inevitable that a development of this scale will have some impact on the visual<br />

amenities of the area. Following the process of receiving advice prior to submitting<br />

the application a positive effort has been made to reduce the totality of the proposed<br />

buildings and also to ensure an appropriate design taking into account its location.<br />

5.10 Due to the site’s proximity to the Snowdonia National Park boundary which is<br />

approximately 350m to the north-east, the National Park was consulted and a


esponse was received stating that they had no observations on the application.<br />

Therefore, it is not considered that the proposal is contrary to policy B14 of the<br />

GUDP.<br />

5.11 Policies B22, B23 and B25 involve design, amenities and materials. Taking into<br />

account the nature of the site, the need to locate on this site and the nature of the<br />

buildings/development, it is considered that the proposal respects the site in terms of<br />

its scale, size, form, density, location etc. It is believed that the proposal seeks to<br />

break up the buildings by reducing the totality and carefully positioning the buildings<br />

within the site, using appropriate materials of an agricultural nature and colour and<br />

taking advantage of the natural landscape and an appropriate landscaping scheme in<br />

order for the proposal to blend better into the landscape. It is believed that the<br />

proposal incorporates good design principles in order to ensure that the proposal is as<br />

acceptable as possible under the circumstances where the proposal must be located<br />

here and where the buildings must be on the scale shown.<br />

5.12 Whilst there is no doubt that the proposed development will be visible, it is not<br />

considered that the proposal will have an unacceptable detrimental impact on the<br />

public prominent views across the area or views into and out the Park. Similarly, it is<br />

not considered that there will be an unacceptable detrimental impact on the form and<br />

character of the surrounding landscape or on the local natural or historical<br />

environment as careful consideration has been given to the location and design of the<br />

proposal. Archaeological matters are considered in more detail below.<br />

5.13 It is therefore considered that the proposal is in accordance with Policies B22 and<br />

B25, and the use of appropriate materials and the undertaking of an acceptable<br />

landscaping plan to satisfy Policy B27 can be controlled by means of appropriate<br />

conditions.<br />

5.14 General and residential amenities<br />

5.15 There are no houses near the proposed site; therefore it is not believed that there is<br />

any concern involving privacy or any concerns relating to noise or additional traffic.<br />

The principle and need for developing the site has already been discussed and on this<br />

basis it is not believed that the development would be an overdevelopment of the site.<br />

The proposal is therefore not contrary to Policy B23 of the UDP.<br />

5.16 Transport and access matters<br />

5.17 The Transportation Unit and the Welsh Government Transportation Unit has no<br />

objection to the proposal on the grounds of highway matters. Consequently it is<br />

considered that the proposal is in accordance with Policy CH33 of the UDP.<br />

5.18 Biodiversity matters<br />

5.19 The site is used for agricultural grazing and the land has been improved and therefore<br />

it is not considered that it will have a negative impact on biodiversity. The DAS states<br />

that it is proposed to use indigenous species for the soft landscaping work and this is<br />

to be applauded. In addition, the Biodiversity Unit has stated that the species used for<br />

landscaping should be local and it is considered that this work could be controlled<br />

with an appropriate condition. It is also considered that the temporary compound<br />

should be moved away from the trees and this could also be controlled with an<br />

appropriate condition.


5.20 Natural Resources Wales do not object to the proposal in terms of biodiversity<br />

matters but have offered conditions/observations regarding the method of working<br />

and work periods on the site. Based on the above, it is considered that the proposal is<br />

in accordance with Policy B27 of the UDP.<br />

5.21 Archaeological Matters<br />

5.22 Policy B7 relates to Sites of Archaeological Importance and requires the refusal of<br />

proposals which will damage or destroy archaeological remains which are of national<br />

importance (registered or not) or their setting. It also notes ‘In areas where there are<br />

likely to be archaeological remains, the developer will be required to commission<br />

either an Archaeological Assessment and/or a field evaluation in order to determine<br />

the archaeological impact of the proposed development before the <strong>Planning</strong> Authority<br />

determines the application…’.<br />

5.23 Although the site is of archaeological interest and within the broader area the site has<br />

not been designated as a scheduled ancient monument. Circular 60/96 <strong>Planning</strong> and<br />

the Historic Environment: Archaeology, states that the wish to protect an ancient<br />

monument and its setting is a material consideration when assessing planning<br />

applications, whether they are registered or not and developers should consider these<br />

matters from the outset. It is true that these considerations have received significant<br />

attention during the process of submitting the application and during the process of<br />

dealing with the application. In addition, archaeological reports have recently been<br />

approved by the <strong>Gwynedd</strong> Archaeological Trust and have confirmed that the area has<br />

significant archaeological potential. The detailed observations given by the GAT<br />

describe the nature of the findings in detail.<br />

5.24 In this context and in accordance with <strong>Planning</strong> Policy Wales and Circular 60/69, the<br />

GAT recommends that if planning permission is granted an appropriate alleviation<br />

plan should be ensured. The detailed observations given by the GAT outline the<br />

measures that should be included in the alleviation plan and also outline an<br />

appropriate planning condition to ensure this.<br />

5.25 It is therefore considered (subject to an appropriate condition) that the proposal is in<br />

accordance with Policy B7, <strong>Planning</strong> Policy Wales and Circular 60/69 on <strong>Planning</strong><br />

and the Historic Environment: Archaeology.<br />

5.26 Sustainability matters<br />

5.27 Following the Environment Agency’s initial observations that offer appropriate<br />

conditions and observations on the SUDS waste water system the agent submitted<br />

more information which is subject to a second consultation with the Agency. If<br />

favourable observations are received by the Agency it is considered that the proposal<br />

could be acceptable in terms of Policy B32 of the UDP which involves ‘Increasing<br />

Surface Water’ and it is trusted that the response to this consultation will come to<br />

hand prior to the Committee date.<br />

5.28 The section of the proposal that involves locating an area of solar panels in order to<br />

create energy for the development is also a sustainability consideration. Policy C27<br />

involves such plans and requests that consideration is given to whether or not any<br />

significant harm would be caused to the Snowdonia National Park; that the type, scale<br />

and design are appropriate considering the site, the location and the impact on the<br />

landscape; that supplementary equipment is acceptable etc. The surface area of the<br />

solar panels would measure approximately 47m x 47m and they would be installed on


top of a water reservoir with the highest part of the frames approximately 2m above<br />

the surface level of the water reservoir. It is intended to landscape the area around the<br />

water reservoir in order to reduce the visual impact of the panels.<br />

5.29 Based on the above and subject to receiving favourable observations by the<br />

Environment Agency on the SUDS system, it is believed that the proposal is in<br />

accordance with Policy B23 and C27 of the UDP.<br />

6. Conclusions:<br />

6.1 Based on the above assessment, and subject to receiving favourable observations by<br />

the Environment Agency, it is believed that the proposal is in accordance with the<br />

policies noted above and that there is no other relevant planning matter that states<br />

otherwise.<br />

7. Recommendation:<br />

7.1 To delegate powers to the Senior <strong>Planning</strong> Manager to approve the application,<br />

subject to receiving favourable observations on the application by the Environment<br />

Agency and relevant conditions in relation to:<br />

1. time<br />

2. in accordance with plans<br />

3. materials<br />

4. landscaping<br />

5. location of the temporary compound<br />

6. archaeological conditions<br />

7. any relevant conditions noted by the Environment Agency


Number: 6


Application Number: C13/0156/11/LL<br />

Date Registered: 08/03/2013<br />

Application Type: Full - <strong>Planning</strong><br />

Community:<br />

Ganllwyd<br />

Ward:<br />

Garth<br />

Proposal:<br />

Location:<br />

Summary of the<br />

Recommendation:<br />

APPLICATION FOR THE DEMOLITION OF EXISTING REAR EXTENSION TOGETHER<br />

WITH THE ERECTION OF A PART TWO-STOREY AND PART SINGLE-STOREY<br />

EXTENSION TO THE REAR OF THE PROPERTY, TOGETHER WITH THE PROVISION OF<br />

FRENCH DOORS AND BALCONY TO THE SIDE OF THE PROPERTY.<br />

7, GLANDWR TERRACE, BANGOR, GWYNEDD, LL572SL<br />

TO APPROVE WITH CONDITIONS<br />

1. Description:<br />

1.1 This is an application for the demolition of an existing rear extension and the erection of<br />

a part two-storey and part single-storey extension to the rear of the property, together<br />

with the provision of French doors and a balcony to the side of the property.<br />

1.2 The property is a three-storey end of terrace house dating from the Victorian period, and<br />

there is an existing part two-storey, pitched roof and part single-storey, lean-to extension<br />

at the rear of the property. The existing two-storey extension measures 3.2m by 4m and<br />

6m high to the ridge. The single-storey extension measures 3.4m by 9.6m.<br />

1.3 The proposal includes partially demolishing the existing rear extensions and erecting a<br />

part two-storey extension with a pitched roof and a part single-storey extension with a<br />

lean-to roof on a slightly bigger footprint than the current one. The two-storey extension<br />

measures 5m by 4m and 6.1m high to the ridge. The single-storey extension measures<br />

4m by 9.4m. The extension provides a kitchen and dining area and a wet room, utility<br />

and storage room on the ground floor and a bedroom on the first floor.<br />

1.4 It is also proposed to replace the existing window at the side of the property with French<br />

doors, together with installing a balcony measuring 2m by 3m and 3.7m high in its<br />

entirety. In this case, the element of replacing a window for a door does not require<br />

formal planning permission.<br />

1.5 It is intended to place slates on the extension roof, but at present it is not clear what the<br />

finish of the extension itself will be.<br />

2. Relevant Policies<br />

2.1 Section 38(6) of the <strong>Planning</strong> and Compulsory Purchase Act 2004 and paragraph 2.1.2 of<br />

<strong>Planning</strong> Policy Wales emphasise that planning decisions should be in accordance with<br />

the Development Plan, unless material considerations indicate otherwise. <strong>Planning</strong><br />

considerations include National <strong>Planning</strong> Policy and the Unitary Development Plan.


2.2 <strong>Gwynedd</strong> Unitary Development Plan 2009:<br />

POLICY B22 – BUILDING DESIGN – Promote good building design by ensuring that proposals<br />

conform to a series of criteria aimed at protecting the recognised features and character of the<br />

local landscape and environment.<br />

POLICY B23 – AMENITIES – Safeguard the amenities of the local neighbourhood by ensuring<br />

that proposals must conform to a series of criteria aimed at safeguarding the recognised features<br />

and amenities of the local area.<br />

POLICY B24 – ALTERATIONS AND BUILDING EXTENSIONS WITHIN DEVELOPMENT<br />

BOUNDARIES, RURAL VILLAGES AND THE COUNTRYSIDE – Ensure that proposals for<br />

alterations or extensions to buildings conform to a series of criteria aimed at protecting the<br />

character and amenity value of the local area.<br />

POLICY B25 – BUILDING MATERIALS – Safeguard the visual character by ensuring that<br />

building materials are of high standard and in keeping with the character and appearance of the<br />

local area.<br />

2.3 National Policies:<br />

TAN 12 Design<br />

<strong>Planning</strong> Policy Wales (Fifth edition) November 2012<br />

3. Relevant <strong>Planning</strong> History: None<br />

4. Consultations:<br />

Local Member:<br />

Community/Town Council:<br />

Environment Agency:<br />

Welsh Water:<br />

Biodiversity:<br />

The proposal is not in keeping with the character and appearance of<br />

the terrace.<br />

No objection<br />

Standard advice<br />

No response<br />

There is a low potential for the presence of bats in the extension<br />

which is to be demolished. However, should bats be found during the<br />

demolition work, the work should be stopped immediately and advice<br />

sought from Natural Resources Wales.<br />

Transportation Unit:<br />

Public Consultation:<br />

I refer to the above application and wish to state that I do not intend<br />

to submit a recommendation as it is supposed that the proposed<br />

development would not have a detrimental impact on any road or<br />

proposed road.<br />

A notice was placed on the site and neighbouring residents<br />

were informed. The advertising period ended on<br />

11.04.2013 and at the time of writing the report, five letters


items of correspondence had been received objecting on<br />

the following grounds:<br />

<br />

<br />

<br />

<br />

<br />

<br />

The proposal is not in keeping with the rest of the<br />

terrace which is full of Victorian character and of<br />

historic interest.<br />

It is considered that replacing the window would<br />

affect the cohesion and nature of the terrace.<br />

The terrace remains as it was originally and it is<br />

worth preserving.<br />

The proposal affects the access rights of terrace<br />

residents.<br />

Concern that the coastal land could not bear the<br />

weight of the balcony.<br />

That the proposal would be clearly visible from<br />

Porth Penrhyn and Hirael Bay.<br />

5. Assessment of the material planning considerations:<br />

Principle of the development<br />

5.1 General planning policies within the <strong>Gwynedd</strong> Unitary Development Plan support<br />

applications for the erection of extensions on residential houses provided they are<br />

appropriately assessed.<br />

5.2 Policy B24 of the <strong>Gwynedd</strong> Unitary Development Plan involves alterations to buildings.<br />

The proposal includes demolishing the single-storey extension and part of the existing<br />

two-storey extension together with erecting a part two-storey extension with a pitched<br />

roof and part single-storey extension with a lean-to roof on a slightly bigger footprint<br />

than the current one. The extension is suitable and is in keeping with the original site and<br />

property. The extension is approximately 1.5m greater in width than the existing<br />

extension, and is more or less the same in terms of length and height. It is intended to<br />

install a balcony outside a window which will be replaced with French doors. The<br />

balcony extends 2m from the gable end of the property, and its size and design are<br />

considered acceptable in this case. It is intended to remove the existing chimney at the<br />

end of the two-storey and single-storey extension. It is considered that the extension and<br />

balcony are of a suitable size and design, and complement the site in this case. It is not<br />

considered that the proposal is contrary to the requirements of policy B24 above.<br />

Visual, general and residential amenities<br />

5.3 Policies B22, B23 and B25 of the <strong>Gwynedd</strong> Unitary Development Plan relate to assessing<br />

the design of the proposal, amenities and external materials.<br />

5.4 The proposal involves partly demolishing a two-storey and single-storey extension at the<br />

rear of the property, and erecting a part two-storey pitched-roof and part single-storey<br />

lean-to extension. It is considered that the size and design of the extension is suitable and<br />

complements the site. It is not considered that the extension is excessive in terms of size,<br />

or that it dominates any nearby property. The extension is approximately 1.5m wider than


the current extension, whilst its height and length are the same; this is not considered<br />

excessive.<br />

5.5 It is aimed to replace a current window with French doors, but this element does not<br />

require formal planning permission in this case. It is also intended to install a balcony<br />

outside the French doors which will look out over the coast and towards Porth Penrhyn. It<br />

is considered that the balcony is of a suitable size and design, and does not cause<br />

overlooking on any residential property.<br />

5.6 It is intended to place slates on the roof of the extension, but it is unclear what the<br />

proposed materials are for the balcony, or for the finish of the extension. It is considered<br />

that these matters can be dealt with through a planning condition.<br />

5.7 As a result of the above, the proposal is suitable and matches the existing dwelling in<br />

terms of its size and design, and it is considered that suitable materials can be agreed for<br />

the proposal through a planning condition. Consequently, it is not considered that the<br />

proposal is contrary to the requirements of policies B22, B23 or B25 of the Unitary<br />

Development Plan which relate to assessing the design of the proposal, amenities and<br />

external materials.<br />

Response to the public consultation<br />

5.8 Following a public consultation, five items of correspondence were received objecting to<br />

the proposal, noting that the proposal is not in keeping with the character of the<br />

remainder of the terrace which is of historic interest; that the change to the window<br />

affects the cohesion and nature of the terrace; that the terrace is still in its original form<br />

and is worth preserving; that the proposal would impact on the residents of the terrace’s<br />

rights of way; concern as to whether the coastal land will be able to bear the weight of the<br />

balcony, and that the proposal is clearly visible from Porth Penrhyn and Hirael Bay.<br />

5.9 The property which is the subject of this application, or any other properties within the<br />

terrace, are not listed, and neither have they been earmarked as a conservation area. It is<br />

not considered that the proposal to hand is unreasonable or excessive, and it is considered<br />

that a part two-storey pitched roof and part single-storey lean-to extension with a<br />

footprint which is only slightly larger than the current structure, is suitable. Replacing a<br />

window for a door does not require formal planning permission in this case, and it is<br />

considered that the balcony is of a suitable size and design, with materials to be agreed<br />

through a planning condition.<br />

5.10 The path which runs along the side of the property which is the subject of this application<br />

appears to be in the applicant’s ownership, and there is no argument against this. The<br />

path is not a public footpath; therefore the allegation of access rights is a civil matter, and<br />

not a matter for the application. The coastal land on the side of the property does not<br />

seem unstable, and the applicant has not expressed concern regarding this in his<br />

application.<br />

6. Conclusions:<br />

6.1 I do not consider the proposal to be contrary to any relevant policy. The proposal is<br />

unlikely to have a detrimental effect on the amenities of the local area or any nearby<br />

properties.


7. Recommendation:<br />

To approve – conditions<br />

1. 5 years<br />

2. Ensure that the development is completed in accordance with the plans submitted<br />

3. External finish of the extension to be agreed in writing with the LPA<br />

4. The materials for the balcony to be agreed in writing with the LPA<br />

4. Slates on the roof<br />

Welsh Water note


Number: 7


Application Number: C13/0173/16/LL<br />

Date Registered: 18/02/2013<br />

Application Type: Full - <strong>Planning</strong><br />

Community:<br />

Llandygai<br />

Ward:<br />

Tregarth and Mynydd Llandygai<br />

Proposal:<br />

Location:<br />

Summary of the<br />

Recommendation:<br />

REFURBISHMENT WORKS TO 26 DWELLINGS WHICH WILL INCLUDE<br />

THE REMOVAL OF EXISTING WALLS AND THEIR RE-CONSTRUCTION<br />

WITH AN EXTERNAL SMOOTH RENDER FINISH, INSTALLATION OF<br />

NEW WINDOWS AND DOORS AND RE-ROOFING<br />

2,3,5-9,11,13,16-21,23,25,26,28,29,32-34, 36-38, ERW FAEN, TREGARTH,<br />

BANGOR, GWYNEDD, LL574AT<br />

TO APPROVE WITH CONDITIONS<br />

1. Description:<br />

1.1 An application to carry out works on 26 dwellings which form part of a wider estate,<br />

which include a total of 40 two-storey semi-detached houses in the village of Tregarth.<br />

1.2 The houses which are the subject of this application are known as ‘airey’ houses, i.e.<br />

prefabricated houses which were erected for local authorities following the second world<br />

war.<br />

1.3 The proposed development involves removing the existing external walls of the houses<br />

which are made of concrete panels and pillars, and re-erecting new walls of insulated<br />

block with an external smooth render finish, and re-roofing and installing new windows<br />

and doors.<br />

2. Relevant Policies:<br />

2.1 Section 38(6) of the <strong>Planning</strong> and Compulsory Purchase Act 2004 and paragraph 2.1.2 of<br />

<strong>Planning</strong> Policy Wales emphasise that planning decisions should be in accordance with<br />

the Development Plan, unless material considerations indicate otherwise. <strong>Planning</strong><br />

considerations include National <strong>Planning</strong> Policy and the Unitary Development Plan.<br />

2.2 <strong>Gwynedd</strong> Unitary Development Plan 2009:<br />

POLICY B23 – AMENITIES<br />

Safeguard the amenities of the local neighbourhood by ensuring that proposals conform to a<br />

series of criteria aimed at protecting the recognised features and amenities of the local area.<br />

POLICY B24 – ALTERATIONS AND BUILDING EXTENSIONS WITHIN DEVELOPMENT<br />

BOUNDARIES, RURAL VILLAGES AND THE COUNTRYSIDE<br />

Ensure that proposals for alterations or extensions to buildings conform to a series of criteria<br />

aimed at protecting the character and amenity value of the local area.<br />

POLICY B25 – BUILDING MATERIALS


Safeguard the visual character by ensuring that building materials are of a high standard and are<br />

in keeping with the character and appearance of the local area.<br />

2.3 National Policies:<br />

<strong>Planning</strong> Policy Wales – Edition 5, 2012<br />

Technical Advice Note 12 – Design<br />

3. Relevant <strong>Planning</strong> History:<br />

3.1 There is varying planning history for individual houses within the estate, including<br />

applications for single/two storey extensions etc.<br />

4. Consultations:<br />

Community/Town Council:<br />

Public Consultation:<br />

Support.<br />

A notice was placed on the site and nearby residents were<br />

informed. The consultation period ended on 21 March and<br />

eight letters / items of correspondence were received<br />

objecting on the following grounds:<br />

<br />

<br />

<br />

<br />

Incorrect/misleading plans<br />

Incorrect/misleading information<br />

Structural damage to houses and adverse impact on<br />

the amenities of the residents of neighbouring houses<br />

Parking difficulties<br />

As well as the abovementioned objections, objections were<br />

received which were not valid planning objections, which<br />

include:<br />

<br />

<br />

<br />

<br />

Matters relating to a party wall<br />

Technical differences in the details between this plan<br />

and an already-approved plan<br />

Lack of information regarding risk assessments,<br />

statements of method etc.<br />

Human Rights Act<br />

5. Assessment of the material planning considerations:<br />

5.1 Principle of the development<br />

5.1.1 This plan to improve and upgrade houses of this type forms part of a long-term work<br />

programme by Cartrefi Cymunedol <strong>Gwynedd</strong> to improve the quality of these homes by<br />

insulating them to an acceptable standard, and improving them through upgrading<br />

materials and finishes. The principle of undertaking work of this sort in order to improve<br />

the quality of life of the residents of the houses is acceptable, provided the work will not


have an excessive impact on the area’s visual amenities, or on the amenities of<br />

neighbouring residents.<br />

5.2 Visual amenities<br />

5.2.1 These houses have been a part of the village’s landscape and a number of other villages<br />

in the County for a long time. The proposed work would undoubtedly change the<br />

appearance of the houses, and this must be considered and weighed up in the context of<br />

the impact on the visual amenities of the nearby area.<br />

5.2.2 A number of the houses in the estate have been sold to private owners, and we can see<br />

that some changes have already been made to some of these houses through works such<br />

as extending, rendering of external walls, painting etc. Although the majority of the<br />

estate’s houses still currently retain their original appearances, there is no longer a<br />

uniform character to the whole estate due to the changes that have already been<br />

implemented by private owners.<br />

5.2.3 It is intended to impose a condition to agree on the final external finish, and therefore<br />

although the original appearance of most of the houses will appear to change, there will<br />

be an opportunity to ensure that the proposed appearance is suitable to its location and is<br />

consistent with general appearances in the area.<br />

5.2.4 It is therefore considered that the proposal is acceptable and complies with the<br />

requirements of policies B24 and B25.<br />

5.3 General and residential amenities<br />

5.3.1 The proposed work will certainly cause some inconvenience and concern prior to and<br />

during the period of the proposed development, specifically for the residents of those<br />

houses that are joined to the houses which are the subject of this application.<br />

5.3.2 The concerns that have been highlighted mainly relate to the effect of the development on<br />

the houses that adjoin the houses which are the subject of the proposed works. Most of<br />

the concerns raised in the observations received are civil matters, i.e. they mainly relate<br />

to considerations given under the Party Wall Act and the arrangements of Cartrefi<br />

Cymunedol <strong>Gwynedd</strong> and their contractors during the period of the work.<br />

5.3.3 It is acknowledged that there will be an impact on the amenities of the residents of the<br />

houses adjoining the houses which will be renovated during the works, but this will be a<br />

relatively short-term impact, and having completed the work, there will be no likely longterm<br />

impact on these houses or their residents. It is therefore considered that the proposal<br />

would be consistent with the requirements of policy B23.<br />

5.4 Any other considerations – None<br />

5.5 Response to the public consultation<br />

5.5.1 As already noted, observations were received from residents of the estate regarding this<br />

proposal and the impact of the work on their houses during and after completing the<br />

work. These residents have bought their homes and some have not carried out work on


them to change them from their original ‘airey’ appearance, and are therefore concerned<br />

about the effect of the work on their houses due to the existing concrete pillars and panels<br />

being removed or broken.<br />

5.5.2 In response to these observations, a letter was received from Cartrefi Cymunedol<br />

<strong>Gwynedd</strong> explaining the background of the work, the need to improve the condition of<br />

the houses for their tenants, and the arrangements that would be put in place before and<br />

during the works. This includes appointing an independent Party Wall Inspector to<br />

implement the necessary process under the requirements of the Party Wall Act, namely to<br />

communicate with the residents affected by the work and agree on arrangements and<br />

responsibilities.<br />

5.5.3 They also note that every effort will be made to look at providing additional parking<br />

spaces as part of their programme of environmental improvements.<br />

6. Conclusions:<br />

6.1 Having considered the above and having considered all relevant matters, including local<br />

and national policies and guidelines and observations/objections received from<br />

neighbours, this proposal to carry out work on these houses is acceptable, as it would<br />

raise the standard of the houses for the residents, and since changes have already been<br />

implemented on other houses in the estate, there would be no excessive adverse impact<br />

on the area’s visual amenities.<br />

7. Recommendation:<br />

7.1 Approve – with conditions<br />

1. Time<br />

2. Comply with plans<br />

3. Materials<br />

4. A note drawing the applicant’s attention to their obligation to follow the requirements<br />

of the Party Wall Act


Number: 8


Application Number: C13/0203/11/LL<br />

Date Registered: 25/02/2013<br />

Application Type: Full - <strong>Planning</strong><br />

Community:<br />

Bangor<br />

Ward:<br />

Deiniol<br />

Proposal:<br />

Location:<br />

Summary of the<br />

Recommendation:<br />

APPLICATION FOR THE ERECTION OF TWO BUILDINGS PROVIDING STUDENT<br />

ACCOMMODATION COMPRISING OF 36 BEDSPACES, INCLUDING COMMUNAL AND<br />

ANCILLARY FACILITIES, LANDSCAPING AND CAR PARKING.<br />

FORMER VICTORIA BUILDING LAND, PLAS LLWYD TERRACE, BANGOR,<br />

GWYNEDD, LL57 1UB<br />

TO DELEGATE POWERS TO APPROVE SUBJECT TO SIGNING A 106<br />

AGREEMENT<br />

1. Description:<br />

1.1 Application for full planning permission to erect two buildings to provide a 36 bedroom<br />

student accommodation including internal communal and ancillary facilities,<br />

landscaping, bicycle shelters and car parking and turning space.<br />

1.2 The proposal would involve erecting two three-storey buildings with an external finish of<br />

contrasting block and brick work and a roof of natural slate. Parking spaces will be<br />

provided for two vehicles (including one designated disabled parking space) with<br />

associated turning space, two bicycle shelters accommodating nine bicycles each and<br />

green spaces including landscaping the front of the site.<br />

1.3 The proposed use is to create and provide 6 five bedroom units with a communal lounge<br />

and kitchen to be shared within one building, and 6 one bedroom self-contained units in<br />

the second building. Both buildings measure 10.5 metres high while one building has a<br />

floor surface area of 20 x 6 metres (a total of 360 metres over three floors) and the other<br />

has a floor surface area of 10 x 6 metres (a total of 180 metres over three floors).<br />

1.4 The site is located in a central position in the city in a location which is approximately 90<br />

metres from the high street and with a public car park located adjacent to the western<br />

boundary of the site. The nearby buildings vary in use, including residential houses/flats<br />

and offices. Bangor mountain abuts the site’s eastern boundary and is of a substantial<br />

height.<br />

1.5 The site lies partly within the city’s development boundaries, which has been designated<br />

as a sub-regional centre in the <strong>Gwynedd</strong> Unitary Development Plan.<br />

2. Relevant Policies<br />

2.1 Section 38(6) of the <strong>Planning</strong> and Compulsory Purchase Act 2004 and paragraph 2.1.2 of<br />

<strong>Planning</strong> Policy Wales emphasise that planning decisions should be in accordance with<br />

the Development Plan, unless material considerations indicate otherwise. <strong>Planning</strong><br />

considerations include National <strong>Planning</strong> Policy and the Unitary Development Plan.


2.2 <strong>Gwynedd</strong> Unitary Development Plan 2009:<br />

DESIGN STANDARD – STRATEGIC POLICY 4 - Development will be expected to be of a<br />

good design in order to ensure that it makes a positive contribution, wherever possible, to the<br />

landscape, built environment and sustainable development.<br />

REDEVLOPING AND REUSING PREVIOUSLY USED LAND – STRATEGIC POLICY 6 -<br />

Priority will be given to making appropriate and suitable use of previously developed land, which<br />

is suitable for development, or buildings that are vacant or not used to their full potential.<br />

Development should make the most efficient and practicable use of land or buildings in terms of<br />

density, siting and layout.<br />

Policy B22 – Building design - Promote the design of good buildings by ensuring that proposals<br />

conform to a series of criteria aimed at protecting the recognised features and character of the<br />

local landscape and environment.<br />

Policy B23 – Amenities - Safeguard the amenities of the local area by ensuring that proposals<br />

conform to a series of criteria aimed at protecting the recognised features and amenities of the<br />

local area.<br />

Policy B25 – Building materials - Safeguard the visual character by ensuring that the building<br />

materials are of high standard and in-keeping with the character and appearance of the local area.<br />

Policy B27 – Landscaping plans - Ensuring that permitted proposals incorporate soft/hard<br />

landscaping of high standard which is appropriate for the site and which takes into consideration<br />

a series of factors aimed at avoiding damage to recognised features.<br />

Policy C1 - Locating new developments – Land within town and village boundaries and the<br />

developed form of rural villages will be the main focus for new developments. New buildings,<br />

structures and ancillary facilities in the countryside will be refused with the exception of a<br />

development that is permitted by another policy of the Plan.<br />

Policy C3 – Re-using previously developed sites – Proposals which give priority to the use of<br />

land or buildings previously developed and located within or adjacent to development boundaries<br />

will be permitted if the site or the building and use are appropriate.<br />

Policy C7 - Building in a sustainable manner – Proposals for new developments or for adapting<br />

and changing the use of land or buildings will be refused unless consideration is given to specific<br />

environmental matters. Proposals must conform to specific criteria regarding sustainable<br />

buildings, unless it is not practical to do so.<br />

Policy CH30 – Access for all – Refuse proposals for residential/business/commercial units or<br />

buildings/facilities for public use unless it can be shown that full consideration has been given to<br />

the provision of appropriate access for the widest possible range of individuals.<br />

Policy CH31 – Providing for cyclists – Development proposals which do not provide specific<br />

facilities for cycling where there are obvious opportunities for doing so will be refused.<br />

Policy CH33 – Safety on roads and streets - Development proposals will be approved if they<br />

comply with specific criteria involving the vehicular access, the quality of the existing roads<br />

network and traffic calming measures.


Policy CH36 – Private car parking facilities - Proposals for new developments, extension of<br />

existing developments or change of use will be refused unless off-street parking is provided in<br />

accordance with the Council’s current parking guidelines and having given due consideration to<br />

accessibility of public transport, the possibility of walking or cycling from the site and the<br />

distance from the site to a public car park.<br />

2.3 National Policies:<br />

<strong>Planning</strong> Policy Wales - Edition 5, 2012<br />

Chapter 3 – determining planning decisions and enforcing them<br />

Chapter 4 – planning for sustainability<br />

Chapter 8 - transport<br />

Chapter 9 - housing<br />

Technical Advice Note (TAN)<br />

TAN 12: Design<br />

TAN 18: Transport<br />

TAN 20: The Welsh Language<br />

TAN 22: Sustainable Building<br />

3. Relevant <strong>Planning</strong> History:<br />

3.1 C12/0963/11/HY – erection of freestanding sign – approved 09.08.12<br />

C07A/0755/11/MG – demolition of existing building and erection of 10 houses (approval<br />

of reserved matters under outline permission C07A/0105/11/AM) - approved 06.12.07.<br />

C07A/0105/11/AM – construction of 10 houses and parking spaces - approved 10.04.07<br />

4. Consultations:<br />

Community/Town Council:<br />

Transportation Unit:<br />

No objection.<br />

No objection, but in accordance with CSS Wales parking standards,<br />

up to 1 parking space is expected for every 25 bedspaces (for<br />

servicing, wardens and drop-off space) and 1 parking space for every<br />

10 bed spaces (for students and/or visitors), which is a total of five<br />

parking spaces for this application. In light of the proximity of the<br />

application to the city centre, local facilities, public transport and the<br />

nearby pay and display car park, the application’s proposed parking<br />

provision can be accepted, however, it is recommended that a<br />

financial contribution is made based on the difference in numbers


etween the desirable number of parking spaces and the actual<br />

number. Two recent planning appeals dealing with similar<br />

applications also confirm that such developments with low parking<br />

provision can be approved in urban/city areas. The task of<br />

constructing the development is likely to be frustrating in terms of<br />

access and transporting goods to the site, as there is no easy access to<br />

the site for larger vehicles. The road through the car park is narrow<br />

during the day, and the access to Plas Llwyd Terrace from the High<br />

Street is restricted for long periods. Therefore it is recommended that<br />

the developer should submit a construction phase plan, to be<br />

approved by the Street Care Manager. Additional observation: The<br />

site (marked red) does not abut the end of the nearby adopted road. In<br />

addition, there are no details as to what kind of boundary it is<br />

intended to construct between the parking and turning space within<br />

the curtilage, and the slope down to the car park. I recommend that<br />

the applicant should submit these details prior to approval of the<br />

application, or that at least a condition can be imposed for these<br />

details to be approved prior to commencement of the development.<br />

Biodiversity Unit:<br />

No concerns as the site has already been cleared.<br />

Access Officer: Acknowledge what is proposed and offers further<br />

observations relating to some specific aspects.<br />

Joint Policy Unit: The UDP does not contain a policy that deals specifically with a<br />

proposal of this nature. While Policy C1 encourages development<br />

within development boundaries, when considering whether or not<br />

the principle of developing student units on the site is acceptable,<br />

material considerations such as the fact that the majority of the<br />

site is on previously developed land and that the site already has<br />

extant planning permission, are of great importance. With this in<br />

mind, it is believed that consideration should be given to whether<br />

or not what is being proposed is an improvement of the existing<br />

planning permission in relation to aspects such as the visual<br />

impact, impact on amenities, parking provision, density of use<br />

etc.<br />

Consideration should be given to whether or not there is evidence<br />

of the need for providing additional student accommodation in<br />

Bangor. It is likely that such a provision would be beneficial in<br />

terms of freeing up houses of multiple occupancy for local<br />

residents who are in need of such housing.<br />

It is essential that the proposal does not affect the amenities of<br />

local residents in any way, and neither should it be incompatible<br />

in terms of its design or size.<br />

Environment Agency:<br />

Welsh Water:<br />

Not aware of any flooding history for the site, but suggest that a<br />

standard condition should be included to manage surface water<br />

discharge.<br />

Not received.


Public Protection Unit:<br />

Public Consultation:<br />

Not received.<br />

A notice was posted on site, an advert placed in the local press and<br />

nearby residents were informed. The consultation period ended on<br />

04.04.13 and three letters/correspondences were received objecting<br />

on the following grounds:<br />

Impact on the amenities of local residents<br />

Noise<br />

Unacceptable height<br />

Loss / harmful impact on trees<br />

Sustainability matters<br />

Sub-standard access<br />

Unacceptable increase in vehicle numbers<br />

Unacceptable impact on existing access to nearby building<br />

Lack of information on the construction arrangements<br />

Loss of trees<br />

Need for residential housing rather than student<br />

accommodation<br />

In addition to the above, objections were received which were not<br />

valid planning objections, including:<br />

<br />

<br />

Land ownership<br />

Condition of the boundary wall<br />

5. Assessment of the material planning considerations:<br />

5.1 Principle of the development<br />

5.1.1 The site is located directly off the high street and is relatively close to the city centre. It<br />

is currently a site that is partly developed due to the demolition of buildings on the site in<br />

light of previous planning approvals for residential development.<br />

5.1.2 Therefore, the principle of developing this site has already been approved. In principle,<br />

this application is considered acceptable.<br />

5.2 Visual amenities<br />

5.2.1 As already mentioned, this site is partially developed having demolished commercial<br />

buildings in accordance with planning application C07A/0755/11/MG. Following this<br />

demolition work, the site has been left empty and has been surrounded with a security<br />

fence.<br />

5.2.2 It is a relatively prominent site despite being to the rear of the high street, however the<br />

location of a public car park to the front of the site means that many visitors to the city<br />

pass by the site when using this car park.


5.2.3 This proposal, compared to the previously approved development (and which continues<br />

to be a ‘live’ permission following the demolition of buildings), is relatively similar in<br />

design, layout and size. It can be seen that an attempt has been made to convey aspects of<br />

the previous development within this design, and in comparing the plans, one can see that<br />

the height, form, layout and the mass of both developments match each other. The front<br />

elevations of the proposed buildings have changed and improved to convey what would<br />

be acceptable for this type of development as opposed to the previously proposed<br />

residential houses (which included garages on the ground floor).<br />

5.2.4 It is considered that this proposal retains a number of the aspects of the previously<br />

approved development on this site, there are elements that are common to both<br />

developments and the proposal to use finishes such as the mixture of brick, blocks and<br />

slate reflect the general appearance in the area.<br />

5.2.5 It is therefore considered that this proposal is acceptable since there are common<br />

elements to the proposal in terms of the design, form and layout of the previously<br />

approved buildings and that it is in keeping within the area in terms of its setting within<br />

the site, therefore it is believed that the proposal complies with the requirements of<br />

Policies B22, B23 and B25.<br />

5.3 General and Residential Amenities<br />

5.3.1 Historically, this site has been used for commercial uses, however, it has been left empty<br />

since these buildings were demolished, which creates an untidy appearance within the<br />

local area.<br />

5.3.2 The presence of Bangor mountain to the rear of the site protects and creates a substantial<br />

backdrop for the proposed buildings meaning that they would not dominate the horizon<br />

or the local streetscape.<br />

5.3.3 The living units at Plas Llwyd Terrace are located approximately 30 metres from the<br />

nearest side of the proposed building while the houses at Ger y Mynydd are<br />

approximately 35 metres away. The Victoria House building at the top of Plas Llwyd<br />

Terrace, is located adjacent to the development site and is currently used as offices for a<br />

company of accountants. It is not considered that there would be an excessive harmful<br />

impact on these living units due to the distance and the relationship between the site and<br />

the houses. It is not considered that the impact would be greater in any way than the<br />

impact of the previously approved development (which continues to be ‘live’ as it was<br />

commenced within the permitted time by demolishing the buildings). The development<br />

will mainly affect the Victoria House building due to the proximity of both sites to each<br />

other, again however, it is not considered that this impact would be any greater than the<br />

impact of the previous application should it be realised. For this reason, and specifically<br />

the planning permission that already exists for the residential development, it is not<br />

considered that the proposal would be contrary to the requirements of policy B23.<br />

5.3.4 The proposal includes green spaces with landscaping to the front of the site, and by<br />

including a suitable condition to accept and agree upon a landscaping plan for the site; it<br />

is considered that the visual impact of the buildings will be reduced by introducing<br />

suitable landscaping to ‘soften’ the site’s elevations; therefore, this proposal will satisfy<br />

the requirements of policy B27.


5.3.5 The site is located approximately 90 metres from the high street, despite the road past<br />

Plas Llwyd Terrace being relatively steep towards the site. This is not considered to be<br />

excessive and its central location within the city means that it is close to local services<br />

and local transport links and is therefore accessible to a wide range of users, hence, the<br />

proposal is considered to comply with the requirements of policy CH30.<br />

5.3.6 It is noted that approximately half the planning application site is located outside the<br />

development boundary as noted in the GUDP, with the other half located inside it.<br />

Policy C1 notes that land within town and village boundaries and the developed form of<br />

rural villages will be the main focus for new developments. New additional buildings,<br />

structures and ancillary facilities in the countryside will be refused (i.e. outside the<br />

development boundaries and outside the developed form of Rural Villages) except for a<br />

development permitted by another policy in the Plan. The UDP does not contain a policy<br />

that deals specifically with a development of this nature. The proposal cannot be dealt<br />

with in accordance with the UDP housing policies (namely policies CH3 and CH6 which<br />

refer to locating houses within the development boundary with consideration of providing<br />

affordable housing) or Policy CH39 (Further and Higher Education Developments) which<br />

refers to developments on higher education sites. As the application site is not part of the<br />

University’s recognised campus, it is not appropriate for the proposal to be considered as<br />

part of Policy CH39. It is believed that there is a need to weigh up material<br />

considerations when deciding whether or not the principle of siting the proposed<br />

development in this particular location is acceptable. It is believed that the following<br />

considerations are relevant for consideration in this context:<br />

- The majority of the site, including the part that is located outside the development<br />

boundary has been previously developed. Policy C3 notes that proposals will be<br />

“approved if they give priority, wherever possible, to re-using previously developed land<br />

or buildings that are located within or near development boundaries, rather than utilising<br />

greenfield sites, provided that the site or building and the proposed use are suitable and<br />

conform to the Plan’s objectives and development strategy”.<br />

- This site already has planning permission for ten houses (i.e. the entire site, including<br />

inside and outside the development boundary). It has been given to understand that the<br />

permission has physically commenced (as buildings have been demolished). In light of<br />

this physical commencement, houses can be built on this site at any time.<br />

5.3.7 It is believed that sufficient evidence has been submitted which states that there is a<br />

demand for accommodation of this nature, the condition of the site is currently<br />

unacceptable and therefore it is seen that there would be an improvement by developing<br />

the site, most of the site is on previously developed land and there is permission for<br />

constructing ten new houses on it. It is considered that this proposal is an improvement<br />

given the above matters which ensures that the proposal complies with the requirements<br />

of policies C1 and C3.<br />

5.4 Transport and access matters<br />

5.4.1 The number of parking spaces shown for the site is low, as the observations of the<br />

transportation unit can confirm, however, and consistent with similar arrangements<br />

involving other similar recent developments, it is intended to ask for a financial<br />

contribution based on the difference between the number of provided parking spaces,<br />

namely three, and the number that would normally be required, namely five parking


spaces. This money would be spent on either improving local roads or existing facilities,<br />

such as the car park located adjacent to the site.<br />

5.4.2 Despite the reference to the low number of parking spaces, the transportation unit does<br />

not object to the application, therefore it is considered that the proposal is acceptable and<br />

complies with the requirements of policies CH33 and CH36.<br />

5.4.3 Two bicycle shelters have been proposed for the site, therefore, it is considered that the<br />

proposal satisfies the requirements of policy CH31.<br />

5.5 Sustainability Issues<br />

5.5.1 A development of this size means that it would have to be built in line with current<br />

sustainability standards. To reach these standards, a detailed report must be submitted<br />

explaining how the development will ensure compliance with these requirements, by<br />

doing so, and by adding a specific condition referring to the need to submit a completion<br />

certificate, it will be ensured that the requirements of policy C7 will be met.<br />

5.6 Relevant planning history<br />

5.6.1 The previous application that was approved to construct 10 houses has already<br />

commenced on site, due to the demolition of buildings on the site. This means that the<br />

site can be developed lawfully without requiring any further planning approval. The<br />

current application has sought to demonstrate buildings of the same form, size and<br />

appearance as those already approved, it is not considered that the contents of this<br />

development would cause any greater impact than the application that has already been<br />

approved.<br />

5.6.2 In terms of the proposed use and the previously approved use, there is some difference,<br />

however both are for residential uses, and should the houses have been completed, there<br />

would be nothing to prevent the owners from letting those houses to students should they<br />

wish to. It is not considered that this difference in use is substantially different from what<br />

has already been approved and that the impact would not be any greater.<br />

5.7 Community Benefit / 106 Agreement issues<br />

See paragraph 5.4.1 above.<br />

5.8 Any other considerations<br />

5.8.1 Language and community assessment – this document which refers to the impact of the<br />

development on language and community matters within the area has been submitted<br />

with the application. There is reference to the document in the policy unit’s observations.<br />

5.8.2 Screening opinion – an application was submitted to screen the proposed development in<br />

accordance with the requirements of the Town and Country <strong>Planning</strong> Regulations<br />

(Environmental Impact Assessment) (Wales and England) 1999 (as amended), it was<br />

found that the development does not meet the required threshold for submitting a full<br />

Environmental Impact Assessment.<br />

5.9 Response to the public consultation


5.9.1 Observations have been submitted by neighbours of the proposed development site,<br />

which have already been mentioned. It is considered that the material concerns and<br />

observations have received full consideration in determining this application, however<br />

they are not sufficient to change the recommendation.<br />

5.9.2 Matters such as land ownership and boundary walls are civil matters to be resolved<br />

between the concerned parties, however, the applicant’s attention was drawn to the claim<br />

that a piece of land that had been included in the development was not within their<br />

ownership. Information was received in the form of land registry details to confirm that<br />

the developer owns the land.<br />

6. Conclusions:<br />

6.1 The site is partly located within the development boundaries of the city of Bangor, and is<br />

considered a brownfield site because of its previous use. <strong>Planning</strong> Policy Wales<br />

recommends developments on such sites rather than using green lands. The site has been<br />

in an unacceptable condition for some time now and this has disrupted the visual<br />

amenities of the site.<br />

6.2 There is increasing demand for specific residential sites for students and it could be<br />

argued that such developments are likely to release housing in the city from being used as<br />

houses in multiple occupation and will become available for local families.<br />

6.3 After considering all relevant matters, including local and national policies and guidelines<br />

and observations received from third parties, it is considered that this application is<br />

acceptable and that it complies with the requirements of the relevant policies and by<br />

imposing relevant conditions and receiving a financial contribution towards improving<br />

local roads/facilities, it can be ensured that the development is implemented to the<br />

complete satisfaction of the local planning authority.<br />

7. Recommendation:<br />

7.1 To delegate powers to the Senior <strong>Planning</strong> Manager to approve the application with<br />

conditions subject to signing a 106 Agreement regarding a contribution for improving<br />

local roads/facilities.<br />

Conditions;<br />

1. Time<br />

2. Comply with plans<br />

3. Materials<br />

4. Highways matters<br />

5. Submit a construction method statement<br />

6. Environment Agency condition<br />

7. Submit a BREEAM construction certificate<br />

8. Submit landscaping details<br />

9. Protect trees<br />

10. Note referring to the requirements of the Party Wall Act


Number: 9<br />

Application Number: C13/0306/30/LL<br />

Date Registered: 19/03/2013<br />

Application Type: Full - <strong>Planning</strong><br />

Community:<br />

Aberdaron<br />

Ward:<br />

Aberdaron<br />

Proposal:<br />

Location:<br />

REVISED APPLICATION – SINGLE-STOREY PITCHED ROOF<br />

EXTENSION TO FRONT AND TWO DORMER WINDOWS<br />

FFERM CARREG, ABERDARON, PWLLHELI, GWYNEDD, LL538LH<br />

Summary of the Recommendation:<br />

TO REFUSE<br />

1. Description:<br />

1.1 This is a revised application for the construction of a single-storey extension to the front<br />

of the property in order to provide a porch and dining room/conservatory along with<br />

creating two dormer windows. The property is a traditional stone farmhouse and the<br />

pitched roof extension would be located centrally on the front of the building. Due to the<br />

roof pattern of the extension, the first floor windows would have to be raised higher and<br />

new dormer windows would have to be installed above. It is intended to use stone to clad<br />

the extension and a slate roof. It is located in a rural site, with the property set back, but<br />

visible from the road between the farm buildings. The property is located within an Area<br />

of Outstanding Natural Beauty.<br />

1.2 Application no. C12/1618/30/LL for a single-storey, pitched roof extension to the front<br />

of the building was refused in January this year for design reasons. The current<br />

application is a revised design for the same proposal of erecting a dining<br />

room/conservatory and porch.<br />

1.3 The application is submitted to Committee at the Local Member’s request.<br />

2. Relevant Policies:<br />

2.1 Section 38(6) of the <strong>Planning</strong> and Compulsory Purchase Act 2004 and paragraph 2.1.2 of<br />

<strong>Planning</strong> Policy Wales emphasise that planning decisions should be in accordance with<br />

the Development Plan, unless material considerations indicate otherwise. <strong>Planning</strong><br />

considerations include National <strong>Planning</strong> Policy and the Unitary Development Plan.<br />

2.2 <strong>Gwynedd</strong> Unitary Development Plan 2009:<br />

POLICY B8 – THE LLŶN AND ANGLESEY AREAS OF OUTSTANDING<br />

NATURAL BEAUTY (AONB) - Safeguard, maintain and enhance the character of the<br />

Areas of Outstanding Natural Beauty by ensuring that proposals conform to a series of<br />

criteria aimed at protecting the recognised features of the site.<br />

POLICY B22 – BUILDING DESIGN<br />

Promote good building design by ensuring that proposals conform to a series of criteria<br />

aimed at safeguarding the recognised features and character of the local landscape and<br />

environment.


POLICY B24 – ALTERATIONS AND BUILDING EXTENSIONS WITHIN<br />

DEVELOPMENT BOUNDARIES, RURAL VILLAGES AND THE COUNTRYSIDE<br />

Ensure that proposals for alterations or extensions to buildings conform to a series of<br />

criteria aimed at protecting the character and amenity value of the local area.<br />

POLICY B25 – BUILDING MATERIALS<br />

Safeguard the visual character by ensuring that building materials are of a high standard<br />

and are in keeping with the character and appearance of the local area.<br />

<strong>Gwynedd</strong> Council Design Guide. (April 2003)<br />

2.3 National Policies:<br />

<strong>Planning</strong> Policy Wales (Fifth edition) November 2012<br />

Technical Advice Note 12: Design – June (2009)<br />

3. Relevant <strong>Planning</strong> History:<br />

3.1 C12/1618/30/LL – Single-storey, pitched roof extension to the front – Refused 15<br />

January 2013.<br />

C04D/0157/30/LL – First floor extension – Approved 1 July 2004.<br />

2/10/71A - Extension to a house – Approved 14 February 1990.<br />

4. Consultations:<br />

Community/Town Council:<br />

Transportation Unit:<br />

AONB Officer:<br />

Public Consultation:<br />

Not received.<br />

It is assumed that the proposed development would not have a<br />

detrimental impact on any road or proposed road.<br />

Not received.<br />

A notice was placed on the site. There are no neighbouring residents<br />

to notify. The advertising period ended on 11 April 2013 but no<br />

observations or letters of objection had been received at the time of<br />

preparing the report.<br />

5. Assessment of the material planning considerations:<br />

Visual amenities<br />

5.1 Generally, policies B22 and B24 of the GUDP approve proposals to extend existing<br />

houses provided they comply with the criteria and the policies. The policies presume<br />

against developments unless they are in keeping with and respect the character of the<br />

original building in terms of design. The proposed development is to be erected on the<br />

main façade of the stone farmhouse which is the only publically visible façade considered<br />

to be a traditional characteristic façade.<br />

5.2 The previous application, no. C12/1618/30/LL for a front extension, was refused as it was<br />

considered that the proposal had a significant detrimental effect on the traditional


character of the main façade of the property. Despite the revised design, by changing the<br />

pitch of the roof and introducing a gable on the front, it is not considered that the changes<br />

proposed overcome the main concern regarding the effect of the proposal on the character<br />

of the building. In reality, the revised design involves more interference to the traditional<br />

façade, due to the need to introduce two first-floor dormer windows because of the roof<br />

pattern of the extension, which would be foreign features.<br />

5.3 It is considered that the proposed extension/conservatory extends widely along the front<br />

of the property and has a dominating effect on it. The design of the development does not<br />

respect the site in terms of its scale, location or form at the front of the property and they<br />

are considered to detract from the main façade of the house. It is considered that the<br />

proposal as a whole is incongruous, unsympathetic and harmful to the character of the<br />

main façade of the property contrary to the recommendations of the <strong>Gwynedd</strong> Design<br />

Guide and the principles of good design in TAN 12 Design and the criteria of policies<br />

B22 and B24.<br />

5.4 Although the proposal would affect the character of the original property which is within<br />

the Area of Outstanding Natural Beauty, it is not considered that the proposal would<br />

stand out or have a negative impact on the landscape of the AONB. It is not considered<br />

that the proposal is contrary to policy B8.<br />

6. Conclusions:<br />

6.1 It is not considered that this proposal complies with the requirements of Policies B22 and<br />

B24 of the GUDP due to its scale, size and form and the extension would dominate the<br />

front façade of the property. The revised proposal does not alleviate the concerns of<br />

officers. The extension to the front elevation would be incongruous and unsympathetic<br />

and would have a harmful effect on the character of the main façade of the property and,<br />

therefore, it is considered that the application should be refused as it does not comply<br />

with the objective of policies B22, B24 and the <strong>Gwynedd</strong> Design Guide.<br />

7. Recommendation:<br />

7.1 To refuse – Contrary to policies B22 and B24 of the GUDP and the <strong>Gwynedd</strong> Design<br />

Guide (incongruous design having a harmful effect on the character of the main façade of<br />

the property).<br />

The extension / conservatory, by virtue of its design and location on the front elevation of<br />

the property, would appear as an incongruous feature on the house and would have a<br />

severely detrimental effect on the appearance and character of the main façade of this<br />

traditional farmhouse. The proposal is therefore contrary to policies B22 and B24 of the<br />

Adopted <strong>Gwynedd</strong> Unitary Development Plan July 2009, and the <strong>Gwynedd</strong> Design<br />

Guide.


PWYLLGOR CYNLLUNIO DYDDIAD: 25/02/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

Number 10:<br />

1


PWYLLGOR CYNLLUNIO DYDDIAD: 25/02/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

Cais Rhif:<br />

C12/0495/36/MW<br />

Dyddiad Cofrestru: 08/05/2012<br />

Math y Cais: Minerals<br />

Cymuned:<br />

Dolbenmaen<br />

Ward:<br />

Dolbenmaen<br />

Bwriad:<br />

Lleoliad:<br />

Summary of the<br />

Recommendation:<br />

WINNING AND WORKING OF SAND AND GRAVEL AND<br />

RESTORATION TO AGRICULTURAL USE<br />

LLECHEIDDIOR UCHAF, GARNDOLBENMAEN, LL51 9EZ<br />

TO GRANT PLANNING PERMISSION<br />

PURPOSE<br />

This application was reported to the <strong>Planning</strong> Committee on 25 February 2013, and the<br />

Committee’s resolution was to defer consideration of the application in order to receive further<br />

information regarding the long-term visual impacts of the scheme of restoration, archaeological<br />

issues and to re-examine the transportation matters.<br />

1. Description:<br />

1.1 The proposal is for the extraction of sand and gravel working on the site of a former quarry which<br />

ceased operation in 1979 but in addition, the proposals include for extraction on previously<br />

undeveloped agricultural land. The site, including the extraction area, ancillary land and lagoons<br />

is approximately 14 hectares in area and is located 400m west of Bryncir, adjacent to the Afon<br />

Dwyfach.<br />

1.2 The total mineral resource is estimated at 600,000 tonnes with the proposed operations involving<br />

the extraction of material should take approximately 12 years to complete.<br />

1.3 The details of the application only include for the winning and working of sand and gravel and<br />

restoration to agricultural use. This would mean that raw materials excavated from the working<br />

face would be stockpiled on site, ready for dispatch to the processing facility at Bryncir which has<br />

an existing planning permission for; ‘“Processing and packing of aggregates, concrete batching<br />

in addition to recycling soil and inert materials such as slate, sand and gravel”, ref.<br />

C09D/0375/36/LL. The material therefore would be transported to the processing facility along<br />

400m of single-track unclassified road which connects the application site with Bryncir Industrial<br />

Estate and the junction with the A487 Trunk road. There are no proposals for the processing and<br />

grading of materials on the application site. Restoration should be configured to make the best use<br />

of materials recovered as part of the mineral operation with a presumption to return the land back<br />

into productive agricultural use.<br />

1.4 The information submitted with the application included information relating to:<br />

Landscape Character and Visual Matters<br />

Ecology and Nature Conservation<br />

Archaeology and Cultural Heritage<br />

Noise<br />

Hydrology, Hydrogeology, Water Quality, Drainage & Flood Risk<br />

Soil Survey<br />

Traffic & Transport<br />

Air Quality (Dust)<br />

Geology<br />

2


PWYLLGOR CYNLLUNIO DYDDIAD: 25/02/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

2. Relevant Policies:<br />

2.1 Section 38(6) of the <strong>Planning</strong> and Compulsory Purchase Act 2004 and paragraph 2.1.2 of<br />

<strong>Planning</strong> Policy Wales emphasise that planning decisions should be in accordance with the<br />

Development Plan, unless material considerations indicate otherwise. <strong>Planning</strong> considerations<br />

include National <strong>Planning</strong> Policy and the Unitary Development Plan.<br />

2.2 <strong>Gwynedd</strong> Unitary Development Plan 2009:<br />

STRATEGIC POLICY 2 - THE NATURAL ENVIRONMENT<br />

STRATEGIC POLICY 3 - BUILT AND HISTORIC ENVIRONMENT<br />

STRATEGIC POLICY 5 - DEVELOPMENTS WHICH CREATE RISK<br />

STRATEGIC POLICY 7 - MINERALS<br />

STRATEGIC POLICY 16 – EMPLOYMENT<br />

<br />

<br />

<br />

<br />

<br />

<br />

<br />

POLICY A1 - ENVIRONMENTAL OR OTHER IMPACT ASSESSMENTS. Ensure that<br />

sufficient information is provided with the planning application regarding any environmental<br />

impacts or other likely and substantial impact, in the form of an environmental assessment or<br />

assessments of other impacts.<br />

POLICY A3 - PRECAUTIONARY PRINCIPLE<br />

Refuse proposals if there is any possibility of serious or irreversible damage to the<br />

environment or the community unless the relevant impact assessment can show beyond doubt<br />

at the end of that the impact can be avoided or alleviated.<br />

POLICY B7 - SITES OF ARCHAEOLOGICAL IMPORTANCE<br />

Proposals that will damage or destroy archaeological remains of national importance or their<br />

setting (whether scheduled or not) will be refused. A development which affects other<br />

archaeological remains will be permitted only if the need for the development overrides the<br />

significance of the archaeological remains.<br />

POLICY B8 - LLYN AND ANGLESEY AREAS OF OUTSTANDING NATURAL<br />

BEAUTY<br />

Safeguard, maintain and enhance the character of Areas of Outstanding Natural beauty by<br />

ensuring that development proposals comply with a schedule of criteria which aim to protect<br />

recognized features.<br />

POLICY B14- PROTECTING THE LANDSCAPE CHARACTER OF THE SNOWDONIA<br />

NATIONAL PARK<br />

Protecting the Landscape Character of the Snowdonia National Park. Proposals which would<br />

adversely affect the qualities and special character of the Snowdonia National Park will be<br />

refused unless they can comply with a series of criteria which aim to manage, enhance and<br />

protect the Park designation.<br />

POLICY B16 - PROTECTING NATIONALLY IMPORTANT CONSERVATION SITES<br />

Refuse proposals which are likely to cause significant damage to nature conservation sites of<br />

national significance unless they conform to a series of criteria aimed at protecting,<br />

enhancing and managing recognised features within the sites.<br />

POLICY B17 - LOCAL WILDLIFE SITES<br />

Refuse proposals that are likely to cause significant harm to sites of regional or local<br />

significance unless they comply with a set of criteria which aim to protect, promote and<br />

manage recognized features of these sites.<br />

3


PWYLLGOR CYNLLUNIO DYDDIAD: 25/02/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

<br />

<br />

<br />

<br />

<br />

POLICY B21 - WILDLIFE CORRIDORS, HABITAT LINKAGES AND STEPPING<br />

STONES<br />

Safeguard the soundness of landscape features which are important to wild flora and fauna<br />

unless the reasons for the development outweigh the need to maintain the features and<br />

mitigating measures can be provided.<br />

POLICY B23 - AMENITIES<br />

Protection of the amenities of local communities through securing that proposals comply with<br />

a series of criteria which aim to protect recognized features and the amenities of the locality.<br />

POLICY B32 - SURFACE WATER<br />

Proposals that do not include flood minimisation or mitigation measures that will reduce the<br />

volume and rate at which run off reaches rivers and other watercourses will be refused.<br />

POLICY B33 – DEVELOPMENT THAT CREATES POLLUTION OR NUISANCE<br />

Protection of public health, safety or amenities, or to the quality of the built or natural<br />

environment as a result of higher levels of pollution.<br />

POLICY B35 - AVOIDING THE SPREAD OF INVASIVE SPECIES<br />

Ensure that measures to deal with invasive species are implemented, where a development<br />

involves disturbing soil which they have polluted.<br />

POLICY C9 - MINERAL DEVELOPMENT OUTSIDE THE LLYN AREA OF<br />

OUTSTANDING NATURAL BEAUTY<br />

To permit sites for mineral development based on a series of criteria which involve the<br />

principles concerning the amenities of local residents, landscape impacts, operational details<br />

and the means of working the material produced.<br />

<br />

<br />

<br />

<br />

<br />

<br />

POLICY C10 - CONTRIBUTION TO THE SUPPLY OF AGGREGATES<br />

To have regard to current national policy for maintaining a landbank of aggregates minerals<br />

and the relevant guidance in Minerals Technical Advice Note MTAN (Wales) 1: Aggregates.<br />

POLICY C11 - SAFEGUARDING MINERAL RESOURCES<br />

Safeguarding of mineral resources for future use with the identification of Mineral<br />

Consultation Areas (MCAs) on the proposals map. Ensure that any non-mineral development<br />

within the MCA do not have an unscceptable impact on mineral resources.<br />

POLICY C12 - BUFFER ZONES<br />

<strong>Planning</strong> applications for mineral extraction within the buffer zones identified on the<br />

proposals maps will be refused unless a new buffer zone can be provided to reflect the<br />

minimum distances referred to in MTAN1: Aggregates.<br />

POLICY C14 - RESTORATION AND AFTERCARE<br />

<strong>Applications</strong> for mineral working will be refused unless a scheme for restoration, aftercare<br />

and afteruse, including details of proposed funding is included.<br />

POLICY CH22 - CYCLING NETWORK, PATHS AND RIGHTS OF WAY<br />

All parts of the cycling network, footpaths and rights of way will be protected by encouraging<br />

proposals to incorporate the above satisfactorily within the development and by refusing<br />

proposals which will prohibit plans to extend the cycling network, footpaths or rights of way.<br />

If this is not possible, appropriate provision will have to be made to divert the route or to<br />

provide a new and acceptable route.<br />

POLICY CH33 - SAFETY ON ROADS AND STREETS<br />

4


PWYLLGOR CYNLLUNIO DYDDIAD: 25/02/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

Development proposals will be approved only if they conform with specific development<br />

criteria including safe vehicular access, standard of the existing road network to<br />

accommodate the flow of traffic from the development and traffic calming measures.<br />

<br />

POLICY CH34 – RURAL LANES<br />

Development proposals will be refused if they cause an unacceptable increase in the number<br />

of vehicles using Rural Minor Roads where the main users are expected to be pedestrians,<br />

cyclists or horse riders.<br />

2.3 National Policies:<br />

Policies, guidance and general principles set out in the Welsh Assembly<br />

Government Minerals <strong>Planning</strong> Policy (Dec 2000),<br />

Policies, guidance and general principles set out in the Welsh Assembly<br />

Government <strong>Planning</strong> Policy Wales (November 2012),<br />

Welsh Office Circular 60/96 (<strong>Planning</strong> and the Historic Environment: Archaeology),<br />

Policies, guidance and general principles set out in the Welsh Assembly Government<br />

Technical<br />

Advice Note (Wales) 5: Nature Conservation<br />

Policies, guidance and general principles set out in the Welsh Assembly Government<br />

Technical<br />

Advice Note (Wales) 11: Noise<br />

Policies, guidance and general principles set out in the Welsh Assembly Government<br />

Technical<br />

Advice Note (Wales) 18: Transport<br />

Policies, guidance and general principles set out in the Welsh Assembly<br />

Government Minerals Technical Advice Note (Wales) 1: AGGREGATES (March 2004)<br />

Policies, guidance and general principles set out in the Regional Technical Statement 2008<br />

3. Relevant <strong>Planning</strong> History:<br />

3.1 In respect of the application details, the following permissions relate to previous workings within<br />

the first phase of the development proposals and the area that occupies the saddle between phases<br />

2 & 4 as well as a scheme of extraction implemented on land to the south west of the proposed<br />

phase 3 of operations at Llystyn Ganol;<br />

3.2 Grant of planning permission by Lleyn Rural District Council under the Town and Country<br />

<strong>Planning</strong> (Interim Development) Order 1945 & 46 for the working and extraction of sand and<br />

gravel on parcels 936 & 935 at Llecheiddior Uchaf – 6 th May 1947.<br />

3.3 ApplicationNo. 5600 – Proposed extension of existing sand and gravel pit and erection of<br />

temporary workmen’s hut at Llecheiddior Uchaf – Granted permission on 3 rd April 1958.<br />

3.4 <strong>Planning</strong> Ref. 3/4/1089 dated 2 nd May 1966 & Section 52 legal agreement dated 17 th November<br />

1977 between Arthur Salisbury Ltd and <strong>Gwynedd</strong> County Council ref. 2/16/51, to restore land at<br />

Llecheiddior Ganol following the cessation of extractive operations.<br />

3.5 There is a further record of land having been worked for sand and gravel and restored to<br />

agricultural use on land to the south of Llecheiddior Uchaf under planning permission 5179<br />

granted by Caernarvonshire County Council on 18 th Nvember 1957 for, ‘Proposed re-opening of<br />

gravel pit on Field No. 1007’.<br />

The following permission at the processing facility located at Bryncir is also of significance;<br />

5


PWYLLGOR CYNLLUNIO DYDDIAD: 25/02/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

3.6 <strong>Planning</strong> permission C09D/0375/36/LL dated 9th April 2010 for the processing and packing of<br />

aggregates, concrete batching in addition to recycling soil and inert materials such as slate, sand<br />

and gravel”.<br />

4. Consultations:<br />

Dolbenmaen Community<br />

Council:<br />

Transportation Unit:<br />

Welsh Government<br />

Transportation Unit:<br />

Environment Agency:<br />

No objection, although some reservations concerning the increase in<br />

traffic, dangers associated with vehicles accessing the Trunk Road, the<br />

impacts on users of the Lon Eifion cycle network and the congestion<br />

that exists on market day.<br />

There is an opportunity to carry out improvements to the county road<br />

to Llecheiddior.<br />

First response requested further information in order to assess the full<br />

impacts of the proposal on the local road network and the<br />

requirement to upgrade by means of providing passing bays,<br />

Following the submission of the revised traffic assessment, no<br />

objection to the application but note that the total weekly transport<br />

movements to and from the site constitutes an average increase of<br />

24.6% instead of 4.47% set out in the assessment.<br />

Confirm that the total daily movements is not unreasonably high<br />

considering the applicant is expected to provide two passing bays as<br />

part of the application.<br />

Welsh Government highway authority confirm that traffic<br />

information supplied direct to them by the applicant, is sufficient to<br />

address their concerns and further advised that the department as<br />

highway authority for the A487 has re-assessed its position and<br />

subsequently does not propose to issue a direction in respect of this<br />

application.<br />

Workings should not result in any change to the existing drainage<br />

scheme at the site and should not have an adverse effect on any of the<br />

receiving watercourses beyond the application boundary,<br />

Any works to watercourses may require a Flood Defence Consent of<br />

<strong>Gwynedd</strong> Council,<br />

Protected species surveys required (water vole) & appropriate<br />

mitigation measures approved by the MPA,<br />

Abstraction Licence required if the proposal is to extract more than 20<br />

cubic metres per day.<br />

The submission of further information by the applicant confirmed 9<br />

additional trial pits excavated to a depth of 3m recorded as being dry.<br />

Hydrogeological impact assessment therefore not required.<br />

No objection to the development but concerns over the possible<br />

impacts on the hydrology and water quality in the Afon Dwyfach.<br />

Request that the planning permission addresses these concerns<br />

specifically,<br />

Possible harmful impacts of fine sediment pollution on the<br />

Freshwater Pearl Mussels which is a protected species under the<br />

Wildlife and Countryside Act and a species of principal importance<br />

under Section 42 of the NERC Act 2006,<br />

Concerns about the decline of freshwater mussel in the Dwyfach<br />

partly due to historic sand and gravel extraction in the catchment.<br />

Although the situation has improved in recent years (reduced activity<br />

6


PWYLLGOR CYNLLUNIO DYDDIAD: 25/02/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

& good practice), there remains a concern that the proposal still<br />

presents a significant risk to maintaining high water quality in the<br />

Afon Dwyfach and in addition, a possible cumulative (incombination)<br />

impact from the effects of extraction with the existing<br />

sand and gravel operation at Graianog,<br />

The drainage associated with this development will require an<br />

Environmental Permit under the Environmental Permitting<br />

Regulations 2010,<br />

Agency concerned about suspended solids entering nearby<br />

watercourses and state that any construction work must be carried out<br />

in accordance with the agency’s standard conditions for work next to<br />

watercourses and that the applicant is advised to follow the relevant<br />

guidance in ‘Pollution Prevention Guidance Note 5’. Also request the<br />

following conditions on any planning permission;<br />

o Surface water lagoons of sufficient capacity to ensure that<br />

surface water discharged from the site is of highest possible<br />

standard,<br />

o Sufficient measures on site to ensure that vehicles leaving the<br />

site along the unclassified road to Bryncir do not deposit mud or<br />

silt into the Dwyfach. May be a requirement for improved surface<br />

water drainage along the highway.<br />

o Incorporate wetland features in the restoration concept in order to<br />

benefit biodiversity.<br />

Countryside Council for<br />

Wales:<br />

Snowdonia National Park<br />

Authority:<br />

In response to the submission of further information on the proposed<br />

changes to the access road and water vole survey, the CCW confirm that<br />

they have no objection to the proposal but append the following<br />

observations;<br />

Satisfied that the water vole survey meets the required standards and<br />

based upon the evidence of the report, it is unlikely that water voles<br />

will be impacted upon by the proposed works. However, should water<br />

voles be discovered at any stage during the works, work should stop<br />

and CCW contacted for further advice.<br />

Alterations to the access road to Llecheiddior uchaf may have an<br />

impact on animals listed in Section 42 of the NERC Act 2006 , or on<br />

the Local Biodiversity Action Plan. Recommend to seek advice from<br />

the council’s biodiversity officer and/or other nature conservation<br />

organisations.<br />

Proposal is not likely to damage the features of the Llystyn Isaf SSSI<br />

located 460m south of the site,<br />

Site partly within a candidate wildlife site. Recommend consultation<br />

with the <strong>Gwynedd</strong> Biodiversity on Biodiversity Action Plan matters &<br />

the inclusion of biodiversity in the final restoration,<br />

Sediment from the quarry has the potential to have adverse impacts on<br />

water quality of the Afon Dwyfach which supports a population of<br />

fresh water mussel & otter. Ensure that best available technology is in<br />

place to avoid sedimentation of the Dwyfach & surrounding<br />

watercourses<br />

Landscape & visual impact assessment carried out to an acceptable<br />

standard & recommend consultation with the National Park Authority<br />

with respect to visual & landscape impacts of the proposal.<br />

Do not consider that the location and nature of the proposed works<br />

will have an adverse impact on the amenity of the National Park.<br />

7


PWYLLGOR CYNLLUNIO DYDDIAD: 25/02/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

<strong>Gwynedd</strong> Council Public<br />

Protection Service:<br />

Scottish Power:<br />

Wales & West Utilities:<br />

Welsh Water:<br />

Quarries Inspectorate:<br />

Welsh Government Rural<br />

Development Advisor:<br />

<strong>Gwynedd</strong> Archaeological<br />

<strong>Planning</strong> Service:<br />

Potential issues with respect to noise impacts and in particular, Hen<br />

Orsaf & Station House and the duration of operations during phase 1<br />

of the development as well as the associated noise impacts of haulage.<br />

No objection in principle and agree with the findings of the revised<br />

noise assessment but recommend that the following conditions be<br />

included on any grant of permission;<br />

Inclusion of specific noise limitations for noise-sensitive properties,<br />

Restriction of working Monday to Friday from 8.00am to 6.00pm,<br />

and 8.00am to 1.00pm on a Saturday,<br />

Possible restriction on daily haulage movements,<br />

All plant & machinery to be in good working order and fitted with<br />

appropriate silencers,<br />

All equipment fitted with white noise reversing alarms,<br />

Provision of soil bunding for each phase of operation between the<br />

working face and noise-sensitive properties in order to mitigate for<br />

the impacts of noise,<br />

Noise monitoring undertaken by the operator in agreement with the<br />

local planning authority,<br />

Noise levels for emergency working and/or soil stripping for a<br />

specific period within a twelve month cycle.<br />

No Objection<br />

No Response<br />

No Response<br />

No Response<br />

Initial concerns over soil recovery and shallow depth of soil resource<br />

indicated in the supporting information,<br />

A revised soil survey shows that the site has more soil resources than<br />

originally identified and it is important that these soil resources are<br />

maximised. Site comprises of agricultural land classification Grade 4.<br />

Following the receipt of further information with regard to the<br />

recovery and storage of topsoil depths, the developer’r restoration and<br />

aftercare proposals should enable the land to be restored to a<br />

satisfactory standard of agricultural use.<br />

Necessary to include agricultural restoration and aftercare conditions<br />

to ensure that the required standard of agricultural restoration can be<br />

achieved.<br />

Archaeological report submitted with the application meets the<br />

minimum standards for such work.<br />

Phases 1 & 2 subject to previous quarrying activity between the 1940s<br />

and 1970s. Report highlights however that the area is generally one of<br />

significant archaeological potential, i.e. Phases 3 & 4 that have not<br />

been subject to modern disturbance.<br />

Potential is high for Roman & Bronze Age deposits at this site and<br />

further archaeological evaluation is required to determine the impact<br />

of the proposals on the buried archaeological resource.<br />

The more recent geophysical survey report identifies numerous<br />

anomalies which confirms the presence of archaeological remains<br />

8


PWYLLGOR CYNLLUNIO DYDDIAD: 25/02/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

across the development area but does not define the nature, character<br />

or extent of the remains. If well preserved archaeological remains or<br />

deposits survive within the development area, such remains may prove<br />

to be nationally important.<br />

Recent archaeological work at the site includes both intrusive and nonintrusive<br />

evaluation work consisting of a magnetometer survey<br />

supplemented by a targeted programme of archaeological trial<br />

trenching.<br />

Sufficient information has been gathered during the recent<br />

archaeological investigation to form a view on the archaeological<br />

potential of the site and that it is possible to impose planning<br />

conditions to mitigate for any potential archaeological remains that<br />

may be encountered during the course of excavations.<br />

There is potential for further archaeological remains within phase 3<br />

and phase 4 of the scheme of working, which exposes any future<br />

mitigation strategy to significant risk that extensive archaeological<br />

remains may be discovered.<br />

<strong>Gwynedd</strong> Council<br />

Biodiversity:<br />

<strong>Gwynedd</strong> Council Rural<br />

Services & Public Rights<br />

of Way:<br />

<strong>Gwynedd</strong> Council<br />

Countryside and Access:<br />

<strong>Gwynedd</strong> Council AONB<br />

Service:<br />

No objection in principle subject to conditions on the following;<br />

Candidate wildlife site adjacent to, and on the boundary of the<br />

development is of high biodiversity value, containing habitats & birds<br />

listed under section 42 of the NERC Act 2006 which should be<br />

protected. Ensure that surface water drainage maintains a flow into the<br />

wetland areas and measures are taken to prevent sedimentation of<br />

watercourses with silt,<br />

Site is mainly improved grassland of low biodiversity value. Retain<br />

hedges & cloddiau of high biodiversity value along the site<br />

boundaries,<br />

Recommend that the applicant submits a plan of reptile mitigation &<br />

protection during the removal of hedges & cloddiau,<br />

Biodiversity to feature in the scheme of restoration,<br />

Japanese knotweed recorded near to the site.<br />

Wetland habitat sensitive to changes in hydrology and it is important<br />

that sand and gravel excavations do not go lower than the water table<br />

and that ground water flow to the wetland is not altered.<br />

No comment as the proposal does not have a direct effect on any<br />

public right of way.<br />

Consideration should be given to the effects of increased traffic from<br />

the development along the unclassified road from Llecheiddior to<br />

Bryncir,<br />

The adjoining junction and surrounding area is used by cyclists,<br />

walkers and horse riders departing & accessing Lon Eifion,<br />

Lon Eifion is one of one of the most popular recreation assets in the<br />

area and is used frequently by local residents and tourists and is part of<br />

Wales’ National Cycle Route,<br />

The safety of all users of the Lon Eifion cycle network and the<br />

surrounding area should be given full consideration.<br />

No Response<br />

9


PWYLLGOR CYNLLUNIO DYDDIAD: 25/02/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

<strong>Gwynedd</strong> Council<br />

Conservation Officer:<br />

Sustrans Cymru:<br />

No specific comments on the application in that the proposal doen not<br />

impact on any listed structure or conservation area. Recommend<br />

consultation with the <strong>Gwynedd</strong> Archaeological <strong>Planning</strong> Service.<br />

Considers that the proposal will have a large detrimental impact on<br />

vulnerable users of the National Cycle Network and objects to the<br />

development on the following grounds;<br />

The design of the development takes little account of the National<br />

Cycle Network that runs along the access lane to the proposed<br />

development site,<br />

Proposed access route also links to Regional Cycle Route 40 that is<br />

promoted by <strong>Gwynedd</strong> Council & Visit Wales and provides a route<br />

west towards Llyn,<br />

The application does not include a transport statement or assessment,<br />

No additional shared use facilities are provided from the development<br />

to local services,<br />

No account is taken of the long term walking & cycling routes that are<br />

proposed for the area.<br />

Acknowledges the amendments made to the application & the inclusion of<br />

passing bays. Still concerned about some elements of the proposal and<br />

maintains an objection on the following grounds;<br />

Discrepancy regarding mineral extraction rates as stated in the<br />

application,<br />

No additional signage included in the revised proposals for passing<br />

bays,<br />

Amended information on traffic movements does not not include<br />

pedestrian figures,<br />

Pedestrian & cyclist figures should provide an estimate on year round<br />

usage of Lon Eifion and Sustrans route NCN 8.<br />

Sustrans would be prepared to withdraw their objection if the following<br />

measures are taken into account and secured through agreement;<br />

Proposed traffic movements restricted to 5 loads per day,<br />

Suitable road signage for vulnerable road users along the county road<br />

is agreed and erected before operations commence.<br />

CPRW:<br />

Concern about the proximity of the proposed workings to Bryncir and<br />

the Lon Eifion cycle track. Residential amenity considerations and the<br />

impact of noise and dust,<br />

Development contrary to Policy C9 of the UDP,<br />

Impacts of traffic movements on local residents & users of Lon Eifion<br />

where 600,000 tonnes of material is to be removed over 12 years,<br />

Insufficient landscaping & screening proposals to protect the amenity<br />

of local residents, site visible from the National Park,<br />

Local landscape & value of the inherent geological features, notably<br />

rare glacial drumlins which would be removed by the development,<br />

Cumulative detrimental impact of the proposals with the existing<br />

quarry at Graianog,<br />

Justification for maintaining a landbank & suitability for secondary or<br />

recycled materials to substitute for primary aggregates,<br />

Soil classification study incomplete,<br />

Rural landscape of the Afon Dwyfach already under pressure from<br />

existing pylons, wind turbines & quarrying activity.<br />

10


PWYLLGOR CYNLLUNIO DYDDIAD: 25/02/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

Public Consultation:<br />

A notice was placed on the site and neighbouring residents were<br />

informed together with a press notice published on 24th May 2012. A<br />

total of 13 letters of objection had been received in response to statutory<br />

publicity highlighting the following concerns;<br />

Impacts on air quality, dust & vehicle/plant emissions,<br />

Noise impacts,<br />

Impacts associated with the transport of 600,000 tonnes of material, on<br />

20 tonne loads, to the Bryncir processing area along an unsuitable road<br />

which is part of the national cycle route. Safety considerations, and<br />

cumulative impact on Bryncir during market day,<br />

Poor visibility at the Junction with the A487 & lack of pedestrian<br />

footway,<br />

Impacts on users of the Lon Eifion national cycle route,<br />

Mud & detritus on highway,<br />

Impacts on the local landscape, and loss of glacial landscape of<br />

historical significance,<br />

Legacy of historic working of sand and gravel on the amenities of the<br />

area since 1946,<br />

Hydrological impacts and possible pollution of the Afon Dwyfach,<br />

Development should include sufficient provision for settlement<br />

lagoons,<br />

Impacts on tourism, local businesses and the local economy,<br />

Scale and location of proposal in relation to the village of Bryncir and<br />

the level of disturbance which may affect the tranquillity of the area,<br />

Quality & type of restoration and possible loss of agricultural land for<br />

future farming generations,<br />

Need for the mineral given the proximity of existing workings at<br />

Graianog & Minffordd,<br />

Screen bunding/landscaping required,<br />

Impacts on wildlife.<br />

The second consultation period ended on 2nd January 2013. A further 7<br />

letters of objection had been received during this period highlighting the<br />

following concerns.<br />

Legacy of historic working of sand and gravel on the amenities of the<br />

area since 1946,<br />

Scale and location of proposal in relation to the village of Bryncir and<br />

the level of disturbance which may affect the tranquillity of the area,<br />

Impacts associated with the transport of 600,000 tonnes of material, on<br />

20 tonne loads, to the Bryncir processing area along an unsuitable road<br />

which is part of the national cycle route.<br />

Impacts on tourism, local businesses and the local economy,<br />

Quality & type of restoration and possible loss of agricultural land for<br />

future farming generations,<br />

Need for the mineral given the proximity of existing workings at<br />

Graianog & Minffordd,<br />

Impacts on the local landscape, and loss of glacial landscape of<br />

historical significance,<br />

Hydrological impacts and possible pollution of the Afon Dwyfach,<br />

Screen bunding/landscaping required,<br />

Safety of pedestrians and cyclists using the highway between<br />

Llecheiddior and Bryncir which is part of the national cycle network,<br />

11


PWYLLGOR CYNLLUNIO DYDDIAD: 25/02/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

Restricted visibility at the junction with the A487 and risk of accidents,<br />

Noise, dust and water pollution in the Afon Dwyfach,<br />

Structural damage to buildings as a result of vibration caused by heavy<br />

traffic movements through the village center.<br />

A total of 9 letters of have been received since the application was<br />

presented to committee which support the application on the following<br />

grounds,<br />

Supply of environmentally friendly local sand and gravel,<br />

Not in the economic nor environmental interest to import such<br />

products from England,<br />

Marine dredged sand contains salt and is of inferior quality to locally<br />

sourced material,<br />

Support the growth of a local employer and employment opportunities<br />

in the area,.<br />

Development would not have an adverse effect on the Bryncir Auction<br />

Centre.<br />

Importance to the economy of Bryncir and wider area,<br />

Good examples of agricultural restoration in the area,<br />

More stringent controls now available to protect the Afon Dwyfach<br />

from potential pollution,<br />

Facility at Bryncir used by many local busineses,<br />

5. Assessment of the material planning considerations:<br />

The principle of the development<br />

5.1 In June 2008, the <strong>Gwynedd</strong> Council Board resolved to endorse the Regional Technical Statement<br />

produced by the North Wales Regional Aggregates Working Party. The North Wales Regional<br />

Technical Statement has been prepared in accordance with the provisions of the Minerals<br />

<strong>Planning</strong> Policy (Wales) and Technical Advice Note (Wales) 1: Aggregates (MTAN1), to set out<br />

an overarching objective to ensure a sustainable managed supply of aggregates. The main purpose<br />

of the statement is to set out the strategy for the provision of the aggregates in the North Wales<br />

region for the period until 2021.<br />

5.2 As Mineral <strong>Planning</strong> Authority, the Council has a duty to ensure that mineral resources are<br />

exploited in a sustainable way so that they can make an appropriate contribution to the area’s<br />

construction materials requirements. <strong>Gwynedd</strong> has a long history of mineral extraction and it<br />

remains an important facet of its economic and social make up. There are extensive deposits of a<br />

variety of materials suitable for aggregates in North Wales, particularly igneous rock and<br />

limestone. Deposits of sand and gravel however are more limited and are mainly concentrated in<br />

parts of <strong>Gwynedd</strong>, Flintshire and in particular, Wrexham.<br />

5.3 The Regional Technical Statement assesses the environmental capacity of each authority to<br />

contribute to an adequate supply of primary aggregates. The Council, as Mineral <strong>Planning</strong><br />

Authority, is required to maintain a landbank of permitted reserves of aggregate minerals with<br />

current guidance stating a minimum 7 year landbank for sand and gravel. Graianog is the only<br />

active sand and gravel quarry in <strong>Gwynedd</strong> with further dormant reserves located at two sites in<br />

Penygroes.<br />

5.4 It is proposed that material extracted at the application site is used for direct building products,<br />

but mainly to supply mortar sand, gravel and sharp sand for builders merchants and ready mixed<br />

concrete outlets throughout North West Wales including the National Park, Anglesey and parts of<br />

12


PWYLLGOR CYNLLUNIO DYDDIAD: 25/02/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

Conwy. The uniqueness of the coarse sand within the deposit may be used with lime to produce a<br />

lime mortar suitable for conservation, restoration and building works.<br />

5.5 National and local planning policy, as well as the Regional Technical Statement takes into<br />

account the contribution of secondary or recycled waste materials to meet the objectives of a<br />

sustainable supply of aggregates, where such materials can be used satisfactorily and realistically<br />

instead of primary land-won minerals. Notwithstanding, recycled or secondary materials are more<br />

commonly used for low-grade uses such as general fill or ‘type 1’ sub-base, which effectively<br />

displaces the use of high-end aggregates for such purposes. In addition, there is the technical<br />

capability of one type of material to interchange for another and a supply of fine aggregates for<br />

the high-end uses under para. ‘4’ is essential to meet the needs of the construction industry.<br />

5.6 As stated in the Welsh Government technical advice note on aggregates, Mineral <strong>Planning</strong><br />

Authorities are required to safeguard mineral resources in their development plans in accordance<br />

with paragraph 13 of Minerals <strong>Planning</strong> Policy Wales which states that, “it is important that<br />

access to mineral deposits which society may need is safeguarded. This does not necessarily<br />

indicate an acceptance of working, but that the location and quality of the mineral is known and<br />

that the environmental constraints associated with extraction have been considered”.<br />

5.7 The <strong>Gwynedd</strong> UDP recognises that minerals can only be worked where they lie and the sand and<br />

the gravel resource at Llecheiddior Uchaf has been identified as a Mineral Consultation Area<br />

(MCA) under policy C11 of the Unitary Development Plan. The policy has a presumption against<br />

non-mineral development within a MCA in order to safeguard a known mineral resource for<br />

future use. The land in which the sand and gravel resources have been identified in the<br />

application proposals is not subject to any statutory or non-statutory, landscape or environmental<br />

constraints.<br />

5.8 The proposal for sand and gravel extraction at Llecheiddior will ensure that the Council can fulfil<br />

its apportionment obligations of supplying minerals for the North Wales sub-region and maintain<br />

a 7 year landbank of sand and gravel. There are few permitted reserves of sand and gravel in<br />

North West Wales and this proposal will secure an essential supply of sand and gravel for the<br />

local building economy. This will reduce the need to import materials from outside <strong>Gwynedd</strong>,<br />

thereby minimising costs and carbon emissions. The 2010 annual report produced by the North<br />

Wales Regional Aggregates Working Party states that, in terms of sand and gravel, the landbank<br />

has increased to 23 years in North East Wales, but stands at only 6 years in North West Wales,<br />

which is below the 7 year minimum recommended in MTAN1.<br />

5.9 Subject to the consideration of all other material planning considerations, it is considered that the<br />

development in principle and in respect of the need for the material, complies with National and<br />

Regional <strong>Planning</strong> Policy and Guidance as well as the requirements of Policy C10 of the Unitary<br />

Development Plan.<br />

Visual Amenities<br />

5.10 The CCW state in their consultation response that the Landscape & Visual Impact Assessment<br />

submitted with the application has been carried out to an acceptable standard and which provides<br />

an assessment of the impacts of the proposal on the local landscape and a range of receptors with<br />

varied sensitivity in the area. The site is located within the Afon Dwyfach lowland valley, 3,600<br />

metres due east of the AONB boundary and 1500 metres due west of the National Park. In<br />

response to consultation, the National Park authority stated that they did not consider that the<br />

location and nature of the proposed works would have an adverse impact on the amenity of the<br />

National Park.<br />

5.11 The landscape and visual assessment has taken into account of the CCW’s online landmap<br />

information and states that the most striking visual feature is the rolling green miniaturised<br />

13


PWYLLGOR CYNLLUNIO DYDDIAD: 25/02/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

landscape of small hills within and surrounding the site created by previous excavations,<br />

specifically, the Upper Afon Dwyfach lowland & open lowland valleys which is of moderate<br />

value and of local importance. In addition, the application is included within the following<br />

landmap classifications;<br />

Llanystumdwy geological landscape of outstanding value (lowland plateau) with past glacial<br />

processes and superficial deposits of boulderclay, alluvium and glacial sands and gravels as<br />

a significant contributor to the geological character of the area.<br />

Historic Landscape of the Afon Dwyfach corridor includes the fields alongside the Afon<br />

Dwyfach, stretching from Graianog quarry in the north, to Hendy in the south. Many<br />

archaeological sites (relict and buried) have been recorded (and excavated) at the former,<br />

many in advance of gravel extraction. The assessment also lists hedgebanks, cloddiau, stone<br />

& earth banks as the traditional type of field boundary which is characteristic of the area.<br />

5.12 The LVIA states that the extractive operations and stockpile store will have a detrimental but<br />

temporary short-term impact on the landscape due to the colour, texture and landform of each<br />

phase of extraction. It further concludes that the landscape impact of the proposal is of low to<br />

medium significance with the impact on field boundaries high. The geological report further<br />

confirms that the scheme has been prepared to limit the amount of land taken out of agriculture at<br />

any time to include a progressive scheme of restoration.<br />

5.13 The proposal outlines description of the six phases of development, progressing in sequence from<br />

phase 1 to 4C. Representations have been submitted in response to publicity on the application to<br />

the effect that phases 1 & 4 will be exposed to properties and viewpoints to the north.<br />

5.14 In response, revised proposals including full detailed plans plotted on a topographical survey base<br />

show the direction of working together with the areas set aside for the storage of soils and<br />

overburden. In order to further mitigate the impact of the proposals, the respective phases have<br />

been sub-divided in order to minimise the amount of land taken out of agriculture at any given<br />

time. Notwithstanding, areas set aside for the storage of soils and overburden could also serve as<br />

a landscaping screen along the northern extent of the phase 4 extraction area and that the<br />

boundary may be supplemented with dense tree planting to act as a shelter belt once the<br />

plantation has matured. This could be provided by a planning condition requiring the<br />

implementation of screen landscaping, so that a shelter belt be established prior to operations<br />

commencing in phase 4.<br />

5.15 In response to the submission of further information on the recovery and storage of the topsoil<br />

resource, the Welsh Government Department for Environment, Agriculture and Food confirm<br />

that the restoration and aftercare proposals should enable the land to be restored to the required<br />

standard. It is considered therefore that the principle of a phased development in accordance with<br />

the methodology stated in the application details is acceptable.<br />

Soils, Soil Movement & Restoration<br />

5.16 The application proposes that 600,000 tonnes are extracted over 12 years, and that a progressive<br />

scheme of restoration be completed 12 months after final extraction.<br />

5.17 Annex C to MTAN 1, emphasizes the importance of the soil resource on sites that are to be<br />

excavated and that a soil survey is essential in order to secure high standards of reclamation and<br />

restoration on sand and gravel sites.<br />

5.18 The rural development adviser re-affirmed this position by stating that such a survey should be<br />

undertaken by suitably qualified personnel to identify the location of soil types and their quantity<br />

as well as the thickness of topsoil and subsoil layers in order to determine whether satisfactory<br />

reclamation can be achieved.<br />

14


PWYLLGOR CYNLLUNIO DYDDIAD: 25/02/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

5.19 A detailed analysis of the soil resource has been produced which includes information on its<br />

conservation during site working and the appropriate use thereof for the purposes of the<br />

restoration plan. The report also describes the total soil resource on site, confirming the depths of<br />

topsoil & subsoil that are intended to be stripped together with an estimate of the amount of<br />

topsoil and subsoil that will be available for the restoration plan. In response to consultation, the<br />

rural development adviser confirmed that the submitted proposals for restoration and aftercare<br />

should enable the land to be restored to an acceptable standard of agricultural use.<br />

5.20 There is therefore sufficient information submitted with the application to quantify the in-situ soil<br />

resource, its conservation during site working and its use in the restoration and afteruse of the<br />

site. It is normal practice with sand and gravel workings that a 5-year scheme of aftercare to bring<br />

the site to an acceptable level of agricultural use is submitted at a later stage in accordance with<br />

the requirements of a planning condition. The aftercare conditions will specify amongst other<br />

requirements appropriate site maintenance, husbandry, soil conservation and appropriate use in<br />

restoration, field boundary construction, site preparation/ripping of substrate and an annual<br />

review of aftercare. The conditions should also require that a detailed plan showing the final<br />

contours to be achieved in restoration to ensure that the proposed final landform reflects the<br />

gently undulating character of the existing & surrounding landscape.<br />

5.21 The application therefore complies with the requirements of Policy C14 of the UDP and Policy<br />

C9(9) ‘scheme of afteruse of the site and details of the restoration and aftercare required to<br />

achieve it’.<br />

General and residential amenities<br />

5.22 A number of objections have been received which highlight issues concerning potential nuisance<br />

and the impact of the proposal on residential amenities. The proposal does not include any on-site<br />

processing of material, as this will be undertaken at the existing facility at Bryncir. The impact of<br />

the proposals therefore may be assessed solely on the extractive operations, soil stripping and the<br />

movement of soils & overburden associated with restoration.<br />

5.23 The sequence of operations and method of working will be a key factor with respect to amenity<br />

considerations, specifically air quality, dust, vehicle/plant emissions, noise and provision of<br />

adequate screening to mitigate for such impacts.<br />

5.24 The initial response of the Public Protection Service highlighted potential issues with respect to<br />

noise impacts and in particular, Hen Orsaf & Station House and the duration of operations in<br />

phase 1 of the development. Initial concerns have also been expressed as to the methodology<br />

applied to the measurement of background noise and the consultation response concludes by<br />

stating that it may be expedient to apply stringent planning conditions on the development with<br />

specific noise limitations imposed on each dwelling.<br />

5.25 In response to the submission of further details, the Public Protection Service re-affirmed its<br />

position by stating it had no objection in principle and agree with the findings of the revised noise<br />

assessment but recommend that the following conditions be included on any grant of permission;<br />

o Inclusion of specific noise limitations for noise-sensitive properties,<br />

o Restriction of working Monday to Friday from 8.00am to 6.00pm, and 8.00am to<br />

1.00pm on a Saturday,<br />

o Possible restriction on daily haulage movements,<br />

o All plant & machinery to be in good working order and fitted with appropriate silencers,<br />

o All equipment fitted with white noise reversing alarms,<br />

o Provision of soil bunding for each phase of operation between the working face and<br />

noise-sensitive properties in order to mitigate for the impacts of noise,<br />

o Noise monitoring undertaken by the operator in agreement with the local planning<br />

authority,<br />

15


PWYLLGOR CYNLLUNIO DYDDIAD: 25/02/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

o Noise levels for emergency working and/or soil stripping for a specific period within a<br />

twelve month cycle.<br />

5.26 The proposed area of working at its nearest point, is located over 400m from any residential<br />

property and the amended plans mitigate for the impact of the proposals, where the respective<br />

phases have been sub-divided in order to minimise the amount of land taken out of agriculture at<br />

any given time. Notwithstanding the transport and haulage implications of this proposal, the areas<br />

of extraction and ancillary land associated with the winning and working of minerals complies<br />

with the criteria for buffer zones as defined in Mineral <strong>Planning</strong> Policy Wales, MTAN 1 and<br />

policy B12 of the Unitary Development Plan, where a buffer of 100 metres is applied to sand and<br />

gravel workings.<br />

5.27 With the imposition of appropriate planning conditions in respect of noise limitations, noise<br />

monitoring, dust and the provision of a screening bund along the northern boundary of Phase 4, it<br />

is considered that there would be no adverse impact on amenities of local residents and that the<br />

development conforms to policy B23 of the UDP (amenities).<br />

Traffic access and Public Rights of Way<br />

5.28 One of the major concerns with this application is that the material will be transported off-site for<br />

processing along a 400m length of single-track, unclassified road which connects the application<br />

site with Bryncir Industrial Estate and the junction with the A487 Trunk road.<br />

5.29 Although the proposal does not affect any public footpath or public right of way, the single track<br />

lane that connects with the A487 is also used by cyclists departing the Lon Eifion recreational<br />

route. The route also features on the Sustrans national cycle network that runs along the county<br />

road to the proposed development site and which provides a link to Regional Cycle Route 40 that<br />

is promoted by <strong>Gwynedd</strong> Council & Visit Wales as a route west towards Llyn.<br />

5.30 The applicant has been requested to address certain anomalies with respect to transport and<br />

haulage movements and submit a revised traffic impact assessment for consultation.<br />

5.31 Essentially, traffic impacts associated with this proposal affect both <strong>Gwynedd</strong> Council as local<br />

highways authority and the Welsh Government as highway authority for the A487 Trunk road. In<br />

their initial response, the Welsh Government Transportation Department directed that the<br />

application remain pending until a transport assessment is submitted to address the anticipated<br />

transportation impacts during all phases of development. The planning authority has since<br />

received a formal response from the Welsh Government Transportation department confirming<br />

that traffic information submitted by the applicant is sufficient to address their concerns and have<br />

further advised that the department as highway authority for the A487 has re-assessed its position<br />

and subsequently does not propose to issue a direction in respect of this application.<br />

5.32 In response to consultation on the original proposals, <strong>Gwynedd</strong> Council transportation service<br />

confirmed that it had no objection to the proposal, subject to a maximum daily output of 8 loads<br />

per day, and that the applicant enters into an agreement with the local highways authority to<br />

provide two passing bays and the formation of a turning space into the proposed quarry.<br />

5.33 The amended details submitted by the applicant confirms the haulage movements associated with<br />

the sand and gravel proposal to be 14 loads per day, or a total of 28 movements, based upon a 15<br />

tonne payload generating a movement of loaded material every 40 – 45 minutes. The traffic<br />

assessment refers to specific evidence gathered in March of this year on the current usage of the<br />

County road between Llecheiddior Uchaf and Bryncir. The traffic count confirms that the Mart<br />

and Industrial estate accounts for the vast majority of the existing use (84.5%) with cars and light<br />

goods vehicles forming 93.5% of the total movements. The assessment concludes that the<br />

proposed increase in traffic as a consequence of the development is minor.<br />

16


PWYLLGOR CYNLLUNIO DYDDIAD: 25/02/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

5.34 Policy CH33, safety on roads and streets and policy CH34, rural lanes are relevant here and in<br />

respect of the latter, development proposals will be refused if they cause an unacceptable increase<br />

in the number of vehicles using rural minor roads where the main users are expected to be<br />

pedestrians, cyclists or horse riders.<br />

5.35 In response to the consultation on the revised traffic details, <strong>Gwynedd</strong> Council Transportation<br />

Unit confirmed that the assessments and conclusions candidate are acceptable. Following the<br />

introduction of the revised traffic assessment, an error is noted in the weekly total transport<br />

movements in and out of the site, which equates to an increase of 24.6% instead of 4.47% set out<br />

in the assessment. However, in response to consultation <strong>Gwynedd</strong> Council's Transportation Unit<br />

confirmed that the total daily movements are not unreasonably high considering the applicant is<br />

expected to provide two passing bays as part of the application. There is no longer any objection<br />

to the levels of transport 14 loads a day.<br />

5.36 The development therefore complies with Policy C33 and Policy C34 of the Unitary Development<br />

Plan.<br />

Biodiversity Matters<br />

5.37 Both the Countryside Council for Wales and <strong>Gwynedd</strong> Council Biodiversity section have no<br />

objection to the proposal and confirm in their consultation responses that the development is<br />

unlikely to impact on the Llystyn Isaf SSSI designation some 460m south of the site. They also<br />

highlight the fact that the proposal is located partly within, and adjacent to a Candidate Wildlife<br />

Site which is subject to policy B17 of the Unitary Development Plan and contains habitats and<br />

birds listed under section 42 of the NERC Act 2006.<br />

5.38 It is requested that biodiversity features in the scheme of restoration although the expectation is to<br />

restore to agricultural use, which is largely dependent upon the availability and quantity of the<br />

soil resource together with the application of appropriate husbandry during the aftercare period. It<br />

would be possible for biodiversity to feature in the scheme of restoration and the construction of<br />

field boundaries would compliment this element. It is critical however that the scheme of<br />

restoration makes best use of the soil resource, with an appraisal of the site drainage<br />

characteristics in order to achieve the end-use objectives.<br />

5.39 With respect to groundwater and surface water management, both consultees make specific<br />

reference to the wetland habitat to the east of the proposal and the potential for sediment from<br />

extractive & ancillary operations to have an adverse impact on water quality and the alteration of<br />

hydrology and water flows to the Dwyfach & associated wetland which supports a population of<br />

freshwater mussel and otter. Conditions should ensure that the best available technology is in<br />

place to avoid sedimentation of the Dwyfach and surrounding watercourses.<br />

5.40 Specific reference is made in the CCW in response to the recommendations of the ecological<br />

assessment for further survey work to establish the presence of water vole. In response to a water<br />

vole survey prepared on behalf of the applicant, the CCW are satisfied that it is unlikely that<br />

water voles will be impacted upon by the proposal.<br />

5.41 Further reference is made in the biodiversity officer’s report to a reptile survey, specifically the<br />

removal of cloddiau & hedges which have the potential to support this species. Whilst it is<br />

unlikely that phases 1 & 2 of the development will require the removal of field boundaries &<br />

hedgerow, a reptile avoidance strategy for the remaining phases of development has been<br />

produced in accordance with the recommendations of the biodiversity officer’s letter.<br />

5.42 It is considered therefore that in respect of biodiversity matters and subject to appropriate<br />

conditions, the development and complies with National <strong>Planning</strong> Policy guidance as well as<br />

Policy A1, A3, B16, B17 & B21, of the Unitary Development Plan.<br />

17


PWYLLGOR CYNLLUNIO DYDDIAD: 25/02/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

Archaeological Matters<br />

5.43 It is recognised in the archaeological report that the surrounding area is of high archaeological<br />

potential, and although part of the application area has been worked under a previous grant of<br />

permission for mineral extraction, phases 3 & 4 have not been subject to modern disturbance. The<br />

area is potentially rich in buried features, particularly from pre-history exemplified by the<br />

discovery of Bronze Age artefacts and known sites within the vicinity of the study area.<br />

5.44 The archaeological planning service stated in their initial response that further archaeological<br />

evaluation is required in order to determine the impact of the proposals on the buried<br />

archaeological resource. They further recommended that the application be deferred pending the<br />

submission of fuerther information to include both intrusive and non-intrusive evaluation work<br />

consisting of a magnetometer survey supplemented by a targeted programme of archaeological<br />

trial trenching. Essentially, an archaeological evaluation must be undertaken before any a<br />

decision is taken on the application, as it is not known what possible impacts this scheme may<br />

have on the buried archaeological resource within the site.<br />

5.45 GAPS refer to paragraph 6.5.2. of <strong>Planning</strong> Policy Wales 2012 which states; “ ….If important<br />

remains are thought to exist at a development site, the planning authority should request the<br />

prospective developer to arrange for an archaeological field evaluation to be carried out before<br />

any decision on the planning application is taken. The results of any assessment and/or field<br />

evaluation should be provided as part of a planning application. If this information is not<br />

provided, authorities should consider whether it is appropriate to direct the applicant to supply<br />

further information, or whether to refuse permission for inadequately documented proposals”.<br />

5.46 The applicant has since commissioned a team of archaeologists to conduct a full archaeological<br />

evaluation in accordance with the request of <strong>Gwynedd</strong> Archaeological <strong>Planning</strong> Service and<br />

<strong>Cyngor</strong> <strong>Gwynedd</strong> <strong>Planning</strong> Service to include a detailed mitigation strategy devised for any<br />

archaeological remains that may survive within the development area.<br />

5.47 The results of the evaluation show that none of the features identified in the magnetometer survey<br />

were nationally important remains that required in situ preservation but that the area retains<br />

significant archaeological potential requiring further mitigation should the proposal be granted<br />

approval.<br />

5.48 In response to consultation, <strong>Gwynedd</strong> Archaeological <strong>Planning</strong> Service confirmed that sufficient<br />

information has been gathered during the recent archaeological investigation to form a view on<br />

the archaeological potential of the site and confirm that appropriate planning conditions may be<br />

imposed to mitigate for potential archaeological remains that may be encountered during the<br />

course of excavations.<br />

5.49 The Archaeological <strong>Planning</strong> Service state however that there is potential for further<br />

archaeological remains within phase 3 and phase 4 of the scheme of working, given the low<br />

percentage sampling rate employed for the evaluation. Consequently, this exposes any future<br />

mitigation strategy to significant risk that extensive archaeological remains may still be<br />

discovered at the site.<br />

5.50 Subject to the imposition of appropriate conditions to record any archaeological remains that may<br />

be encountered in phases 3 & 4 of the scheme, the proposal therefore complies with the<br />

requirements of national planning policy, circular 60/96 and policy B7 of the Unitary<br />

Development Plan.<br />

The Economy<br />

5.51 <strong>Gwynedd</strong> has a long history of mineral extraction and it remains an important facet of its<br />

18


PWYLLGOR CYNLLUNIO DYDDIAD: 25/02/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

economic and social make up. Sand and gravel is essential for the local building economy and a l<br />

ocal source will reduce the need to import materials from outside <strong>Gwynedd</strong>, thereby minimising<br />

costs and carbon emissions. The uniqueness of the coarse sand within the deposit may be used<br />

with lime to produce a lime mortar suitable for conservation, restoration and building works.<br />

5.52 The development would provide direct employment for 6 persons with indirect employment<br />

mainly in the haulage and sales sectors for an additional 4 persons.<br />

5.53 It is considered that the proposal is likely to make a positive contribution on the economy, culture<br />

and Welsh language in accordance with Strategic Policy 16 of the Unitary Development Plan and<br />

Policy A2.<br />

Surface Water, Hydrology & Hydrogeology<br />

5.54 The application details propose an average depth of extraction of 5m with all extraction above the<br />

water table and restricted to a depth of 1m above the top of the peat/boulder clay horizon so as<br />

not to disturb the groundwater flows. The water table is recorded as being quite high in some<br />

parts of the site and there appears to be a dynamic relationship between the sand and gravel<br />

deposits, the underlying boulderclay and groundwater which feeds into the wetland to the north<br />

east of the extraction areas. The relevant chapter on groundwater states; “The sands and gravels<br />

are highly permeable so that rainwater quickly soaks into the ground, then flows along the top of<br />

the underlying peat/boulderclay horizon to emerge as springs and seeps along the line of<br />

contact”.<br />

5.55 The Environment Agency in their first consultation response requested that no excavation shall<br />

take place below the depth of the water table until such time as a Hydrogeological Impact<br />

Appraisal has been completed in order to protect the local water environment and prevent the<br />

derogation of the groundwater resource at the application site. Having assessed the cross-sections<br />

& trial pit logs, the Agency requested further clarification from the applicant on any excavations<br />

below the water table and that a hydrogeological impact appraisal considers the impact of the<br />

development on groundwater resource and water quality, with particular reference to the springs<br />

on the eastern boundary which feed into the Afon Dwyfach.<br />

5.56 In response, the applicant addressed the possibility of groundwater being encountered during the<br />

extractive operations with the submission of further information confirming 9 additional trial pits<br />

excavated to a depth of 3m recorded as being dry. The Environment Agency confirmed by return<br />

that a Hydrogeological impact assessment was therefore not required. It is considered therefore<br />

that the proposal meets with the requirements of Policy A1, A3, B32 & B33 of the Unitary<br />

Development Plan.<br />

Surface Water Management<br />

5.57 The supporting statement makes reference to surface and ground water management where it<br />

states that, “water management include surface drainage channels, ground water control,<br />

sedimentation ponds for the collection and storage for run-off water and the control of silt”. It<br />

also states that most of the overburden, waste rock and silt arisings from aggregate washing will<br />

be disposed of ‘off-site’, to waste tips or lagoons at the existing Bryncir processing facility. It<br />

further states that there are no obvious surface water features, watercourses, ponds & standing<br />

water within the area of the development nor any evidence of field drains and that surface water<br />

soaks into the soil and gravel horizons during periods of heavy rainfall. Springs & seeps are<br />

however located to the east of the proposal area, comprising of wet & waterlogged peat and clay<br />

alluvium, further discharging into the Afon Dwyfach by a series of tributaries & ditches.<br />

5.58 In response to consultation, the Environment Agency had no objection to the development but<br />

stated that the workings should not result in any change to the existing drainage scheme at the site<br />

and should not have an adverse effect on any of the receiving watercourses beyond the<br />

application boundary. The Agency further state that they would wish to see their concerns over<br />

19


PWYLLGOR CYNLLUNIO DYDDIAD: 25/02/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

the possible impacts on the hydrology and water quality in the Afon Dwyfach and Freshwater<br />

Pearl Mussels addressed in any planning permission.<br />

5.59 The Freshwater Pearl Mussels is a protected species under the Wildlife and Countryside Act<br />

and a species of principal importance under Section 42 of the NERC Act 2006 and the Agency<br />

state concerns about the decline of freshwater mussel in the Dwyfach, partly due to historic sand<br />

and gravel extraction in the catchment.<br />

5.60 The drainage associated with this development will also require an Environmental Permit under<br />

the Environmental Permitting Regulations 2010, but in order to mitigate for the potential impacts<br />

of fine silt run-off from the extraction site, the Agency request that the following be addressed;<br />

Settlement pool modelling required to ensure no siltation of the Afon Dwyfach which<br />

supports a population of Freshwater Pearl Mussels & Salmanoid spawning, with a<br />

minimum of 3 lagoons as indicated on the amended plans, to be of sufficient capacity to<br />

ensure that surface water discharged from the site is of highest possible standard.<br />

Any construction work must be carried out in accordance with the agency’s standard<br />

conditions for work next to watercourses and that the applicant is advised to follow the<br />

relevant guidance in ‘Pollution Prevention Guidance Note 5’.<br />

Sufficient measures on site to ensure that vehicles leaving the site along the unclassified<br />

road to Bryncir do not deposit mud or silt into the Dwyfach. May be a requirement for<br />

improved surface water drainage along the highway.<br />

5.61 It is considered therefore that with the imposition of planning conditions to ensure that the water<br />

quality of the adjacent wetland and Afon Dwyfach is not affected by the extraction of mineral, the<br />

proposal meets with the requirements of Policy A1, A3, B32 & B33 of the Unitary Development<br />

Plan.<br />

Response to the public consultation<br />

5.62 The main concerns raised by third parties in response to consultation the application consists<br />

mainly of the potential impact of noise, dust, traffic, potential nuisance, local tourism and the<br />

impact of the proposal on the amenities of Bryncir.<br />

5.63 Letters of support identify the need for a local supply of sand and gravel and that the proposal<br />

will contribute to the local economy and provide employment opportunities in a rural area.<br />

5.64 The Local <strong>Planning</strong> Authority has considered these objections as material considerations in<br />

preparing a recommendation for this application. Furthermore, the material considerations<br />

relevant to this proposal have been assessed having regarding to the relevant planning policies<br />

and guidance.<br />

6. Conclusions:<br />

6.1 A proposal for mineral extraction at Llecheiddior Uchaf needs to be assessed against planning<br />

policy and the authority consulted widely on this application to ascertain the potential impacts of<br />

the development. There are no overriding planning policy issues sufficient to warrant refusal of<br />

planning permission and sufficient information has been submitted to overcome the initial<br />

concerns listed below;<br />

Archaeological assessment and mitigation,<br />

Visual amenity, soil recovery and restoration to an acceptable standard of agricultural<br />

use<br />

Transportation issues and the impact of the development on the safety of road users.<br />

20


PWYLLGOR CYNLLUNIO DYDDIAD: 25/02/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

6.2 In terms of the need for the mineral, the development is acceptable in principle and would<br />

maintain a minimum 7 year landbank of sand and gravel and it would contribute to infrastructure<br />

of primary sand and gravel reserves in <strong>Gwynedd</strong> and conforms to regional and local mineral<br />

planning policy requirements (specifically Policy C9, C10 & C14),<br />

6.3 It is considered that the proposal is likely to make a positive contribution on the economy, culture<br />

and Welsh language in accordance with Strategic Policy 16 of the Unitary Development Plan and<br />

Policy A2, securing jobs for 6 local employees.<br />

6.4 There are no properties located within 100 metres of the sand and gravel workings (Policy B12<br />

Buffer Zones) and It is considered that planning conditions and environmental controls are<br />

sufficient to control the potential impacts of noise, dust and working hours at the site and there<br />

would be no adverse impact on the residential amenities of the area (Policy B23).<br />

6.5 It is considered that with the imposition of planning conditions will ensure that the water quality<br />

of the adjacent wetland and Afon Dwyfach is not affected by the extraction of mineral, and there<br />

would be no adverse impact on groundwater, the local water environment or on biodiversity and<br />

the proposal meets with the requirements of Policy A1, A3, B32 & B33 of the Unitary<br />

Development Plan.<br />

6.6 The site will be the subject of a phased restoration and aftercare plan to return the site to<br />

productive agricultural use. A detailed analysis of the soil resource has been produced which<br />

includes information on its conservation during site working and the appropriate use thereof for<br />

the purposes of the restoration plan. The scheme of restoration will also include the reinstatement<br />

of field boundaries and hedgerows in the interests of the biodiversity of the area (Policy C14, B17<br />

& B21).<br />

6.7 The site will be the subject of a phased programme of extraction with the respective phases subdivided<br />

in order to minimise the amount of land taken out of agriculture at any given time and to<br />

mitigate for the short-term impact of the quarrying proposals on the local landscape. The<br />

boundary of the site may be supplemented with dense tree planting in order to screen the<br />

development from properties located to the north of the Phase 4 of workings (Policy C9).<br />

6.8 The location and nature of the proposed works will not have an adverse impact on the amenity of<br />

the National Park (Policy B14).<br />

6.9 The results of the archaeological evaluation show that none of the buried remains identified in the<br />

magnetometer survey are of national importance. Subject to the imposition of appropriate<br />

conditions to record any archaeological remains that may be encountered in phases 3 & 4 of the<br />

scheme, the proposal complies with the requirements of national planning policy, circular 60/96<br />

and policy B7 of the Unitary Development Plan.<br />

6.10 In response to consultation on the revised traffic details, <strong>Gwynedd</strong> Council Transportation Unit<br />

confirmed that the applicant’s assessments and conclusions are acceptable, and there is no longer<br />

any objection to the proposed haulage levels of 14 loads per day. The development therefore<br />

complies with Policy C33 and Policy C34 of the Unitary Development Plan.<br />

7. Recommendation:<br />

7.1 To Grant <strong>Planning</strong> Permission subject to the following conditions;<br />

Duration of Working, 12 years from the date of commencement,<br />

Construction of two passing bays along the County highway from Llecheiddior to Bryncir prior to the<br />

commencement of extractive operations,<br />

Permitted Operations & Compliance with the Submitted Details/Plans,<br />

21


PWYLLGOR CYNLLUNIO DYDDIAD: 25/02/2013<br />

ADRODDIAD PENNAETH ADRAN RHEOLEIDDIO<br />

(CYNLLUNIO, TRAFNIDIAETH A GWARCHOD Y CYHOEDD)<br />

PWLLHELI<br />

Screen landscaping along the northern extent of the proposed workings,<br />

5-yearly Review of operations,<br />

Soil conservation, location & quantity of soil/restoration media held in storage areas,<br />

Sequential restoration to agricultural use to follow the extractive phases of development,<br />

Restoration of field boundaries and hedgerows,<br />

5-year aftercare plan to be agreed with the mineral planning authority to include appropriate<br />

husbandry, cultivations, soil nutrient assessment, grassland management, provision of water supplies<br />

& drainage proposals,<br />

Surface water drainage infrastructure & settlement lagoons to be installed with the agreement of the<br />

planning authority in advance of each phase of extraction,<br />

No extraction below the water table,<br />

Scheme of archaeological recording & mitigation to be agreed and implemented,<br />

Dust controls & noise limitations,<br />

Inclusion of specific noise limitations for noise-sensitive properties,<br />

Restriction of working Monday to Friday from 8.00am to 6.00pm, and 8.00am to 1.00pm on a<br />

Saturday,<br />

Restriction on daily haulage movements to 14 loads per day (total of 28 movements),<br />

All plant & machinery to be in good working order and fitted with appropriate silencers,<br />

All equipment fitted with white noise reversing alarms,<br />

Provision of soil bunding for each phase of operation between the working face and noise-sensitive<br />

properties in order to mitigate for the impacts of noise,<br />

Noise monitoring undertaken by the operator in agreement with the local planning authority,<br />

Noise levels for emergency working and/or soil stripping for a specific period within a twelve month<br />

cycle.<br />

Measures for the control of Japanese Knotweed.<br />

22

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