Agenda and minutes

An apology for absence was received from Councillor Chris Hughes.

The Chair reminded Members of the ‘Code of Conduct’ and respectively asked that all mobile phones be switched off during the meeting.

Councillor Andrew Hinchliff declared a prejudicial interest in Agenda item 6 (b) Code Ref: 0/44079 and 6 (c) Code Ref: 0/44080 - Phase 1 & Phase 2 Pennant Hall, Beach Road, Penmaenmawr, Conwy, LL34 6AY as he has friends living by the site, who object to the application.  As a consequence, Councillor Hinchliff withdrew from the meeting whilst the item was being discussed.

Councillor Nigel Smith declared a prejudicial interest in Agenda item 5(a) Code Ref: 0/43059 - proposed residential development comprising of 110 no. dwellings and associated works including roads, sewers, public open space and landscaping.  Land at the corner of Pentywyn Road and Marl Lane, Deganwy as he knows some of the objectors personally.   As a consequence, Councillor Smith withdrew from the meeting whilst the item was being discussed.

None reported.

The minutes of the Planning Committee held on 13 September, 2017 were submitted for approval.

RESOLVED-

That the minutes of the Planning Committee held on 13 September, 2017 be approved and signed as a correct record, subject to the following amendment in relation to Minute 212 – Code Ref: 0/43059 and the establishment of a Task and Finish Group.  The minute should read: ‘Members regretted that there was insufficient relevant data on Road Traffic Collisions and meaningful information on highway safety/reported traffic incidents in the locality.  The Committee unanimously agreed that the Chairman and Development and Building Control Manager be requested to investigate the appropriate Overview and Scrutiny process to set up a relevant Task and Finish/Working Group.

Members’ views are sought as to whether to reaffirm the Committee resolution to be minded to refuse planning permission and to delegate the issuing of the notice to Officers.

Members’ views were sought as to whether to reaffirm the Committee resolution (13.09.17) to be ‘minded to refuse planning permission’.

An addendum to the report was presented, highlighting the following:

• The applicant’s planning consultant had submitted a letter referring to the suitability of the site to address the housing land shortfall, the issue of agricultural land quality, the impact on Bodysgallen Hall and Deganwy Castle, and the applicant’s likely intention to appeal against a refusal of permission and apply for costs.

·       The applicant had also submitted a letter highlighting similar appeal decisions.

·       A further letter of objection had been received.

·       Janet Finch-Saunders AM’s previous objections remained and the level of objection was highlighted as considerable.

CCBC Highways:

·       Design Guidance for Active Travel (Wales) Act 2013 states “width should reflect the level and type of use forecast with a minimum of 3m width on primary cycle routes, or 2.5m on less busy secondary routes”.  As the route did not pass any significant continuous vertical features, it had been deemed unreasonable to request wider pavement design for the development.  For clarity, the internal shared route would be a minimum 2.5m wide with the shared route along Pentywyn Road being minimum 3.0m wide with a 1m wide service strip.  The dimensions aligned with the guidance.   Design Guidance for Active Travel (Wales) Act 2013 also commented that a reasonable width for cyclists to be 1m wide, would allow 1.5m for other pavement users on a 2.5m wide route.

The Principal Planning Officer provided further guidance on policies i.e. Technical Advice Note (TAN) 24, CTH2, DP6, Planning Policy Wales, TAN 6 and NTE1 and advised that  should Members resolve to proceed with the original resolution of the Planning Committee (September, 2017 – to be  minded to refuse planning permission), such policies may apply.

The Development and Building Control Manager verbally reported information received from CCBC Education Services regarding Ysgol Awel y Mynydd, Llandudno Junction in terms of capacity, class sizes and current pupil numbers.

Once again, Members made reference to pressures upon local medical services, schools, the historic setting of heritage assets, loss of agricultural land and made reference to other Local Planning Authority Local Development Plans (LDP) and appeals. 

In addition, whilst Members were sympathetic towards the objectors/local residents, a Member made reference to the function and delegated powers of the Planning Committee and urged members of the public to lobby the Welsh Government (WG) in terms of national policy regarding housing land supply.

Following further consideration of the application, Members resolved to be minded to refuse planning permission. 

The Solicitor advised on the need for strong reasons for refusal, backed up with evidence to substantiate reasons.  In light of the Planning Officer’s advice at the start of the discussion as regards relevant planning policies, the Solicitor also advised that Members be clear as to which policies they wish to refer to as part of the refusal reasons and reminded Members that it would not be appropriate to seek to introduce further evidence at  ...  view the full minutes text for item 371a

Members’ views are sought as to whether to reaffirm the Committee resolution to be ‘Minded to grant conditional planning permission’ and to delegate the issuing of the notice to Officers.

Members’ views were sought as to whether to reaffirm the Committee resolution (13.09.17) to be ‘minded to grant conditional planning permission’.

Members were advised that the Welsh Government had received a request to call in the application for their own consideration.  To date Welsh Government had not issued a direction in relation to the application.

Members were requested to consider what conditions should be imposed on the planning permission should it be granted.  Officers proposed the following:

·       Include access, drainage, materials, ecology, finished floor levels (5.0, AOD), the provision of a mezzanine floor and a Flood Action Plan.  In addition, Members were requested to consider whether to grant permission for a temporary period in order to enable the adequacy of the mitigation measures to be reviewed. 

·       Members reaffirmed the decision of the September Planning Committee to be minded to grant conditional planning permission, together with the following conditions:   access, drainage, materials, ecology, finished floor levels (5.0, AOD), the provision of a mezzanine floor and a Flood Action Plan, but with no temporary period restriction.

RESOLVED:

(a)  That the Planning Committee be minded to reaffirm the resolution of the September, 2017 Planning Committee meeting to be minded to grant conditional planning permission, subject to conditions to include access, drainage, materials, ecology, finished floor levels (5.0, AOD), the provision of a mezzanine floor and a Flood Action Plan. 

(b)  That the Development Control Manager be authorised to determine the application under delegation.

Minded to refuse planning permission.

Further to a site visit, Mr Mark Sillitoe spoke against the application and Miss Rachael Thornley (Agent) spoke in favour and requested that the application be deferred to enable the open space issue to be resolved.

Local Electoral Division Members Cheryl Carlisle and Brian Cossey, who were not Members of the Planning Committee, spoke against the application and highlighted the following concerns:

·       Highway and traffic safety concerns.

·       Drainage concerns.

·       Lack of open space and play space provision.

·       Capacity and impact on local medical services and local schools.

·       Loss of employment land.

·       The demolition of Craig Road would be an historical loss.

An addendum to the report was presented, highlighting the following:

• The applicant had prepared a Drainage Strategy, where it recommended the following:

1) The need to undertake ground investigations to determine the suitability of infiltration techniques.

2) Verify the attenuation volumes included in the strategy when undertaking detailed drainage design.

3) Undertake a drainage survey of the existing site drainage network and of the public foul sewers to determine invert levels.  

• Conwy County Borough Council (CCBC) Flood Risk and Infrastructure Group and Welsh Water had been re-consulted.  To date, no response from Flood Risk and Infrastructure had been received.  Welsh Water stated that as no infiltration testing had yet been carried out, they would not be in a position to comment, or agree to any principle of surface water discharge into the public sewer and requested the infiltration test results/report and re-consultation in due course.  They also reiterated their previous response, including conditions to include the submission of a drainage scheme.

• The applicant had been given the opportunity to provide porosity tests, but had not done so.  Given the proximity of the bedrock to the surface and potential risk to groundwater, Officers considered it unlikely that infiltration would be practicable (although this would need to be investigated further).  In the absence of any specific objection by Welsh Water in respect of surface water drainage capacity, and the existence of sufficient space within the application site to provide attenuation tanks, Officers considered that there was a reasonable prospect that a surface water drainage scheme could be secured by condition.

• Arqiva stated that they did not envisage the proposed road gradients would cause an operational issue for large vehicles accessing the mast site.

• Conwy County Borough Council (CCBC) Education Service – offered no objection and stated that they could not determine the number of bedrooms in each house type, so were unclear how many school pupils the application may generate.  Education Services also stated that the catchment primary school, Ysgol Swn y Don, currently had 115 pupils and a capacity of 150. Should the proposal generate more than 35 primary school pupils the school would seek a contribution.  However, it was noted that this was considered unlikely.  Direct consultation with the secondary school was advised as they were a Foundation School which, dealt with its own admissions.

• Ysgol Bryn Elian - No reply received.

• Ysgol Eirias - No reply received.

• In  ...  view the full minutes text for item 372a

Minded to grant outline planning permission.

Further to a site visit, Dr Megan Munro spoke against the application, together with Local Electoral Division Member Councillor Ken Stevens, who was not a Member of the Planning Committee. 

The following concerns were highlighted:

·        Highway safety and additional traffic.

·        Loss of parking.

·        Access concerns.

·        Beach Road – unadopted.

·        Flooding – the access tunnel and Beach Road were prone to flooding.

·        Loss of a prominent iconic building.

·        Detrimental to the visual amenity/character and appearance of the area.

·        Concern regarding the height and mass of the proposal.

·        Loss of trees.

·        Already an abundance of flats in the area.

An addendum to the report was presented, highlighting the following:

• Conwy County Borough Council (CCBC) Highways Department - the existing vehicular rights of way had been maintained to the site via Constitution Hill, there were no highway grounds to object to the proposal for the use of the access to the development site.  The Highway Authority would encourage the applicant to use the highway from Beach Road to access the development, due to it being a wider roadway than Constitution Hill.  The proposals, as submitted, would not have a material effect on the public highway over and above the existing permitted use of the site, however, the following conditions were proposed:

1.      Construction vehicles - shall only access the site via Beach Road during the demolition and construction stage.

2.      The submission of a Construction Traffic Management Plan (CTMP) and details of construction access, visibility splay, site compound location and size, prior to commencement of the development.

3.      A visibility splay of 2.4m (measured along the centre line of the access from its junction with the nearside channel of the public highway) x 25m (measured from the centre line of the access along the line of the nearside channel of the public highway) to be provided in the north westerly bound direction, and 2.4m x 25m in the south easterly bound direction, before the remainder of the development commences.  Thereafter, there shall be no planting, structure or erection within the splay in excess of 0.6 metres above the level of the adjacent carriageway.

4.      The construction of a tactile paving crossing point to be provided at the junction with Beach Road and Station Road, with details to be approved by the Local Planning Authority, prior to commencement of the development.

• The re-consultation period on the amended application ended on 27/09/17.  22 additional letters of objection had been received (10 of the 22 objections had made previous comments).

Members considered the application at length and went on to discuss the following:

·       Why the application was split into two parts - Phase 1 and 2 (Code ref: 0/44079 and 0/44080 (Phase 1 and Phase 2).   The Principal Planning Officer advised accordingly and assured Members that the same amount of scrutiny applied, whether it was one or two applications, and that controls could be linked to both applications if need be.

·       Bats – the applicant had submitted a bat survey and no evidence of a  ...  view the full minutes text for item 372b

Minded to grant outline planning permission.

Further to a site visit, Dr Megan Munro spoke against the application and raised some general concerns, including matters relating to highway safety and access.

An addendum to the report was presented, highlighting the following:

• Conwy County Borough Council (CCBC) Highways Department - the existing vehicular rights of way had been maintained to the site via Constitution Hill, there were no highway grounds to object to the proposal for the use of the access to the development site.  The Highway Authority would encourage the applicant to use the highway from Beach Road to access the development due to it being a wider roadway than Constitution Hill.  The proposals, as submitted, would not have a material effect on the public highway over and above the existing permitted use of the site, however, the following conditions were proposed:

1)      Construction vehicles shall only access the site via Beach Road during the demolition and construction stage.

2)      The submission of a Construction Traffic Management Plan (CTMP) and details of construction access, visibility splay, site compound location and size, prior to commencement of the development.

3)      A visibility splay of 2.4m (measured along the centre line of the access from its junction with the nearside channel of the public highway) x 25m (measured from the centre line of the access along the line of the nearside channel of the public highway) to be provided in the north westerly bound direction, and 2.4m x 25m in the south easterly bound direction, before the remainder of the development commences.  Thereafter, there shall be no planting, structure or erection within the splay in excess of 0.6 metres above the level of the adjacent carriageway.

4)      The construction of a tactile paving crossing point to be provided at the junction with Beach Road and Station Road, with details to be approved by the Local Planning Authority, prior to commencement of the development.

• The re-consultation period on the amended application ended on 27/09/17.  22 additional letters of objection had been received (10 of the 22 objections had made previous comments):

Members were supportive of the application, as per the previous application Code Ref: 0/44079 - Demolition of existing building and residential redevelopment - Phase 1, Pennant Hall, Beach Road, Penmaenmawr, Conwy, LL34 6AY.

RESOLVED:

(a)  That the Planning Committee be minded to grant outline planning permission, subject to the following conditions requested by Conwy County Borough Council (CCBC) Highways:

1)     That construction vehicles only access the site via Beach Road during the demolition and construction stage.

2)     The Construction Traffic Management Plan (CTMP) and details of construction access, visibility splay, site compound location and size, be submitted, prior to commencement of the development.

3)     That a visibility splay of 2.4m (measured along the centre line of the access from its junction with the nearside channel of the public highway) x 25m (measured from the centre line of the access along the line of the nearside channel of the public highway) be provided in the north westerly bound  ...  view the full minutes text for item 372c

(a)  Minded to grant conditional planning permission provided that the surface water drainage matters are resolved to the satisfaction of the Development and Building Control Manager within two weeks of the Committee resolution.

(b)  In the event that the surface water drainage matters are not resolved to the satisfaction of the Development and Building Control Manager within two weeks of the Committee resolution (or such longer period as may be determined by the Development and Building Control Manager), to refuse planning permission.

Further to a site visit, Ms Lynn Spratt spoke against the application and Mr Gary Rawson (Applicant), who was registered to speak in favour, declined the opportunity to speak.

Some Members had concerns regarding drainage matters and considered deferring the application, pending the results of a porosity test, however, the majority of Members were supportive of the application, and considered the proposed safeguards/porosity test sufficient, subject to it taking place within two weeks of the Committee resolution (or a longer period as may be determined by the Development and Building Control Manager).

It was acknowledged, following the site visit, that the trial pit was in the wrong location and would need to be repositioned.

RESOLVED:

(a)   That the Planning Committee be minded to grant outline planning permission provided that the surface water drainage matters were resolved to the satisfaction of the Development and Building Control Manager within two weeks of the Planning Committee resolution.

(b)  That, in the event that the surface water drainage matters are not resolved to the satisfaction of the Development and Building Control Manager, within two weeks of the Committee resolution (or such longer period as may be determined by the Development and Building Control Manager), to refuse planning permission.

(c)    That the Development and Building Control Manager be authorised to determine the application under delegation.

Minded to grant conditional planning permission.

Further to a site visit, Mr Ioan Smallwood  spoke in favour of the application on behalf of the applicant.

An addendum to the report was presented, highlighting the following:

• An amendment to the table in paragraphs 2 and 57 of the Committee report: The blade diameter of turbine T1 was 44m and blade diameter of turbines T2, T3 and T4 was 52m.

• Additional information had been submitted pertaining to concerns raised by neighbouring properties (Hendre Uchaf and Ffynnon Wen) regarding the accuracy of the submitted noise assessment and the visibility of the turbines.  With regard to the former, Members were informed that Public Protection considered the response provided by the applicant’s acoustic consultant addressed the issues raised. 

• No objection had been received from Gwynedd Council.

• Five letters of support had been received, together with three letters of objection (from objectors that had previously submitted representations).

Members were supportive of the application and recognised the challenges faced by rural farms and agriculture.

One Member questioned the community sum/benefit and believed a higher contribution should be sought.  In response, the Planning Officer advised that the community annual payment of approximately £3,000 was voluntary.

RESOLVED:

(a)  That the Planning Committee be minded to grant conditional planning permission.

(b)  That the Development and Building Control Manager be authorised to determine the application under delegation.

Minded to refuse advertisement consent.

Members considered the application and questioned the reasons for refusal.  In response, the Principal Planning Officer advised that the site was located in a prominent location within the Conservation Area and that the Conservation Officer considered the proposed adverts and wind breakers unlikely to enhance, or preserve the character of the Conservation Area.

RESOLVED:

(a)     That the Planning Committee be minded to refuse advertisement consent.

(b)     That the Development and Building Control Manager be authorised to determine the application under delegation.

Minded to refuse planning permission.

RESOLVED:

(a)  That the Planning Committee be minded to refuse planning permission.

(b)  That the Development and Building Control Manager be authorised to determine the application under delegation.

Minded to grant conditional planning permission for a five year period.

Members were supportive of the application.

RESOLVED:

(a)  That the Planning Committee be minded to grant conditional planning permission for a five year period.

(b)  That the Development and Building Control Manager be authorised to determine the application under delegation.

That provisional Tree Preservation Order CCBC 183 is confirmed without amendment to protect 1 no. woodland strop containing mixed deciduous and coniferous trees.

Members were informed that the Tree Officer believed that the woodland strip made an important contribution to the character of the area due to its location and warranted protection by a Tree Preservation Order (TPO) to enable the Council to exercise control over its future and the way in which it was managed. 

Members supported the Tree Preservation Order.

RESOLVED:

That Provisional Tree Preservation Order CCBC 183, Llais Afon, New Road, Llanddulas, Conwy be confirmed without amendment to protect 1 no. woodland strip containing mixed deciduous and coniferous trees.