Other Planning Issues

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SNOWDONIA NATIONAL PARK AUTHORITY PLANNING AND ACCESS COMMITTEE, 24 APRIL 2013 LIST OF COMPLIANCE CASES New cases Reference Date of initial complaint or Date observed by Compliance Officers Location of Site Details of Planning Breach Current Position NP4/11/ENF32 March 2013 Land at Gethin Bungalow, Betws y Coed The burying of clay material from a nearby housing development. Site visit undertaken and contact made with the contractors undertaking the work. Currently awaiting an update from Natural Resources Wales and the North Wales Minerals and Waste Planning Service. NP5/58/ENF16 6 March 2013 Tawelfan, Talybont Change of Use to Child Day Care Nursery Owner contacted and response received. The use is being operated at a level whereby planning permission is not required. No breach of planning control. NP5/58/ENF48 0A March 2013 Y Wenallt, Dyffryn Ardudwy Breach of Condition 3 of Planning Consent NP5/58/480A Site meeting held with the owner of the land and their contractors. Remedial works currently being undertaken to remove materials away from the trees and to erect necessary fencing.

Transcript of Other Planning Issues

Page 1: Other Planning Issues

SNOWDONIA NATIONAL PARK AUTHORITY

PLANNING AND ACCESS COMMITTEE, 24 APRIL 2013

LIST OF COMPLIANCE CASES

New cases Reference Date of initial

complaint or Date observed by Compliance Officers

Location of Site Details of Planning Breach

Current Position

NP4/11/ENF32 March 2013 Land at Gethin Bungalow, Betws y Coed

The burying of clay material from a nearby housing development.

Site visit undertaken and contact made with the contractors undertaking the work. Currently awaiting an update from Natural Resources Wales and the North Wales Minerals and Waste Planning Service.

NP5/58/ENF166

March 2013 Tawelfan, Talybont Change of Use to Child Day Care Nursery

Owner contacted and response received. The use is being operated at a level whereby planning permission is not required. No breach of planning control.

NP5/58/ENF480A

March 2013 Y Wenallt, Dyffryn Ardudwy

Breach of Condition 3 of Planning Consent NP5/58/480A

Site meeting held with the owner of the land and their contractors. Remedial works currently being undertaken to remove materials away from the trees and to erect necessary fencing.

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NP5/77/ENFLB215

March 2013 Land Opposite Tregwylan Hotel, Talsarnau

Removal of Listed Mile Marker

Site visit undertaken where it was noted the mile marker was still in situ.

Referred to Legal NP4/16/ENF227

2012 Gwalia Stores, Dolwyddelan

Alterations to the Building Not in Accordance with the Approved Plans. Untidy Condition.

Owner advised to improve the condition of the building by the end of May 2013. Failure to improve the condition of the building by this date will result in formal action being initiated by the service of a Section 215 Notice. Matter also referred to Authority’s Solicitor.

NP4/26/ENF289A

2011 Hafod Farm, Betws y Coed

In breach of confirmed Enforcement Notice preventing the use of land as a caravan and camp site

Site monitored over summer to collect evidence for a possible prosecution. Breach of the requirements of the enforcement notice confirmed. Matter referred to legal.

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NP5/54/ENF378

2011 Cuttiau, Rhydymain Non-Compliance of Enforcement Notice Relating to the Residential Use of a Static Caravan

Visit carried out on the 17th October 2011 where it was noted the requirements of the Notice had not been complied with and the caravan was still in situ. Further site visit made on the 3rd December 2012 where it was noted the caravan was still in position. Letter written to the owner and the occupier of the land advising to fully comply with the requirements of the Enforcement Notice by 25th January 2013. Site Visit carried out on the 12th February 2013. Static caravan still in situ. Matter to be referred to legal.

NP5/58/ENF380

2010 Land adjacent to The Barns, Ffordd Tyddyn y Felin, Talybont

Caravans and erection of fencing

Enforcement Notice issued 8th June 2011. Enforcement Notice appeal lodged and decision received from the Planning Inspectorate on the 12th December 2011. The Enforcement Notice was upheld but subject to some variations. The requirements of the Enforcement Notice must be complied with by the 12th February 2012 in respect to the residential use of the land, the use and removal of the land for the siting of touring caravans, the removal of the green trailer adapted as a shower and toilet facility, the removal of all wooden panel fencing/screening and the removal of all other fixtures and fittings such as television aerials, fire extinguishers, trailers etc.

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Hearing held at the Magistrates Court on the 23rd August 2012. Owners pleaded guilty and each received a fine of £400 with costs of £400. Site visit carried out on the 14th November 2012. Appeared some of the requirements of the Notice had not been complied with. Referred to the Authority’s Solicitor to commence further proceedings. Court hearing scheduled for the 15th April 2013.

NP5/72/ENF125

2008 Llwyn Mafon, Parc, Y Bala Non-compliance with the Requirements of an Enforcement Notice to Reduce the Height of a Workshop

Matter heard in the Magistrates Court on the 23rd August 2012. Landowner fined £1500 and £1500 costs for failing to comply with the requirements of the enforcement notice. In correspondence with the landowner.

Awaiting submission of a retrospective application NP4/13/ENFLB164

October 2012 St. Curigs, Capel Curig Erection of Shed within the Curtilage of a Listed Building

Site meeting held with the owner. Retrospective application to be submitted with proposed variations to the shed.

NP4/13/ENF165

2012 Land North of Swallow Falls, Betws Y Coed

Non-compliance of Condition relating to the Removal of Telecommunication Mast and Associated Equipment

Letter written to relevant parties advising of the breach of condition. Currently awaiting a response.

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NP5/53/ENF411

December 2012

83 Tegid Street, Bala Erection of a Large Shed

Site meeting to be held on the 8th January 2013. To submit a retrospective planning application.

Retrospective application received NP2/11/ENFLB222, 223, 224, 230, 236, 240, 242 & 249

2011 1,2 & 3 Club Street – Clydfan & Renig, Smith Street – 7,9 & 19 Gwynant Street, Beddgelert

External Works to Chimneys

Site meeting with agent scheduled for the 19th September 2012 to review each separate case. Listed Building Consent applications submitted but currently incomplete.

NP4/19/ENF8

December 2012

Tyddyn Mawr, Rowen Erection of Agricultural Building

Meeting held with the owner of the land on the 20th December 2012. Retrospective planning application received and now complete.

Awaiting further Information or Replies to a Planning Contravention Notice or a Section 330 Notice NP3/21/ENF35 October 2012 Pant Hwfa, Llanllechid Conversion of

Outbuilding to Residential Use & 3 Static Caravans used for Holiday Accommodation

Site meeting held with the owner of the land. Advised to cease all further works on the conversion. Currently assessing all options available in respect to rectifying the situation. Further information required in respect to the letting of the 3 static caravans.

NP5/55/ENF110

2012 Former TTP Site, Bryncrug

Sub-division of Building and Possible Change of Use for Car Sales/Repairs

Site meeting held on the 26th June 2012. Further information required about the proposed use. Meeting held on the 28th September where the current use of the building was noted. Agreed to refer the matter to the Authority’s Solicitor for a

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further opinion. Further site meeting held on the 31st January 2013 following concerns of engineering works taking place on the site. The Environment Agency was also present. Advised to carry out remedial works to remove the bund that had been created along the river bank. Deadline provided of the 28th February 2013. Awaiting retrospective planning application in respect to the car repair use and installation of roller shutter doors, along with proposed details to improve the layout of the site.

NP5/58/ENF16Y

2012 Land adjacent Streamside House, Dyffryn Ardudwy

Erection of Chicken and Wood Shed

Currently liaising with the owner of the land in respect to the development.

NP5/58/ENF434B

2011 Land at Tyn y Pant, Dyffryn Ardudwy

Siting of touring caravans, yurts, tents and motor vehicles

Two meetings held with relevant owners of the land during the last month. In respect to one piece of land a Certificate Of Lawful Use application is currently awaited. In respect to the second piece of land, requested that all motor vehicles and caravans are removed by the middle of September 2011. Visit carried out on the 23rd September where it was noted the caravans had been removed and some of the vehicles. Remaining vehicles still need to be removed and a deadline has been given of

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the 1st December 2011. Site visit carried out on the 29th November. Only one vehicle and a boat remain on the land. Letter sent requesting these items be removed by the 11th January 2013.

NP5/61/ENFAD87F

January 2013 Harlech Kebab House, High Street, Harlech

Illuminated Sign Letter written to the occupier/owner of the premises. Currently awaiting a response. Advised to switch off the external illumination by the 15th March 2013.

Cases where formal action is being considered/has been taken. NP3/15/ENF4 2012 2 Mur Mawr, Llanberis Large Outbuilding Large outbuilding has been built within the

curtilage of the dwelling house. Appears to be now used for residential purposes. Owners advised planning permission required. It has become apparent that part of the building may be within the boundary of Gwynedd. Currently liaising with Gwynedd Council regarding this issue and a joint site meeting with the owner of the land has been arranged for the 11th April 2013.

NP5/58/ENF260C

2012 Land adjoining Ty Isaf, Talybont

Siting of Static Caravan Used for Residential Purposes.

Meeting held with the owner on the 7th June. Planning Contravention Notice served on the 22nd June and replies received on the 12th July.

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Liaised with Gwynedd Building Control and appears a breach of planning control has occurred in respect to the siting and residential use of the static caravan. Enforcement Notice served on the 16th January 2013. Enforcement Notice appeal received and ongoing.

NP5/60/ENF110A

2009 Tyddyn Bwlch, Ganllwyd, Dolgellau

Erection of Buildings Enforcement Notice served. Appeal against Enforcement Notice Refused. Planning Application Refused. Revised Planning Application Refused. Appeals dismissed. Further applications refused. Further applications submitted and approved, which will involve partial demolition to buildings.

NP5/71/19H

2007 Coed y Pry, Llanuwchllyn Demolish part of unauthorised extension and construction of new extension

Court Trial held on the 17th May 2012. The owner of the land changed their plea to a guilty one. A fine of £3,500 and costs of £4,500. Revised application approved and works on the development to commence within 6 months (February 2013) Corresponded with owner. Possibility that bats are present, discussing with Natural Recourses Wales

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NP4/12/ENFL148G

2013 The Outbuilding, Llwyn Y Gwaew, Llanbedr-y-Cennin

Conversion of a piggery building into a dwelling and the erection of an extension, not in accordance with plans approved under NP4/12/L148F

Enforcement Notice issued on the 30th October 2012 in respect to the development not being in accordance with approved plans. Requirements of the Enforcement Notice are to reduce the length of the extension and to remove two dormer windows from the rear north east elevation of the building. Enforcement Notice Appeal lodged and withdrawn. Discussions taken place with landowner. Enforcement Notice issued on the 30th October 2012 withdrawn and a new Enforcement Notice issued on the 11 March 2013. Requirements of the notice are to remove two dormer windows from the rear north east elevation of the building.

Monitoring NP4/12/ENF36G

2008 Gerlan Farm, Rowen Untidy Land & Erection of an Agricultural Building

Monitoring continuing to ensure the condition of the land improves. Site visit on the 30th November 2012, no further deterioration in the condition of the land. Further site visit due March 2013.

NP5/71/ENF406

2008 Bryn Melyn, Cynllwyd Uchaf, Y Bala

Untidy land and storage of caravans

Site visit on the 17 April 2012. Improvement in the condition of the site. Discussed further improvements with owner, further site visit to be arranged.

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NP5/78/ENF469

2011 Land at Troed y Rhiw, Trawsfynydd

Untidy land and scrap vehicles

Site meeting held with the owner. Agreed to tidy the land and remove scrap vehicles.

Awaiting appeal decision NP5/52/ENFLU42H

2012 Graig Wen, Arthog Tented camping in excess of 28 days

Monitoring of the land undertaken since April 2012. Tented camping has been carried out in excess of 28 days. Enforcement Notice issued on the 24th August 2012. Enforcement Notice Appeal and Certificate of Lawfulness Appeal lodged. Four day inquiry took place on the 27 & 28th February and the 26th & 27th March 2013. Awaiting Planning Inspectorate decision.

Listed Building Cases NP4/29/ENFLB180A

Sept 2012 Llugallt, Penmachno, Betws y Coed

Erection of Rear Lean-to Extension on Listed Building

Meeting held with the owner on the 6th November. Further meeting to be arranged on site to discuss options to resolve the matter.

NP5/50/ENFLB191A

January 2013 1 Mervinia Terrace, Aberdyfi

Large TV Aerial Letter written to the owners/occupiers. No response received to date.

NP5/57/ENFLB50E

January 2013 Ty Meurig, Meyrick Street, Dolgellau

Advertisement Sign Site meeting held with the Manager of the premises. Discussions held in respect to the re-location of the advertisement. Awaiting confirmation on how they intend to remedy the matter.

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NP5/57/ENFLB136A

Sept 2012 Dilys Meredith, Upper Smithfield Street, Dolgellau

External Alterations to Shop Front – Listed Building

Contact made with the owners. Agreed to carry out remedial works to the shop front before Easter.

NP5/57/ENFLB367

2011 Bod Alaw, 6 Cader Road, Dolgellau

Unauthorised Works to a Listed Building

Meeting held with the owners on the 18th October 2011. Advised that it would be highly unlikely that the works would be granted listed building consent. Letter received from the owner on the 6th February 2012 advising that they intend to undertake remedial works to the chimney stack. To date, no works have been carried. Listed Building Enforcement Notice currently being drafted.

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SNOWDONIA NATIONAL PARK AUTHORITY

PLANNING AND ACCESS COMMITTEE, 24 APRIL 2013

PLANNING, ENFORCEMENT NOTICE, AND CERTIFICATES OF LAWFUL USE APPEALS SUBMITTED AND AWAITING DECISION

Application No. Description

Procedure/Status Case Officer

NP5/52/LU42H Certificate of Lawful Use (Existing Use) for use of fields as Camping Site for 18 Tents between 1st May Bank Holiday and September every year, Graig Wen, Arthog

Inquiry (held 27 & 28 February 2013 and 26 & 27 March 2013)

Mrs Jane Jones

NP5/52/ENFLU42H

Appeal against an Enforcement Notice which refers to without planning consent, the material change of use of the land from a use of agriculture to a mixed use of agriculture and use of the land for the siting of tents and tent camping, Graig Wen, Arthog

Inquiry (held 27 & 28 February 2013 and 26 & 27 March 2013)

Mrs Jane Jones

NP5/57/1030B Demolition of existing workshop and construction of new two storey building with workshop and garage on ground floor and one bedroom apartment in first floor, Workshop, Glyndwr Street, Dolgellau.

Hearing (to be held 30 April 2013)

Miss Iona Thomas

NP5/57/CA1030A

Conservation Area Consent to demolish workshop, Workshop, Glyndwr Street, Dolgellau.

Hearing (to be held 30 April 2013)

Miss Iona Thomas

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NP5/58/ENF260C

Appeal against an Enforcement Notice which refers to without planning consent, the material change of use of land from use as workshop and stores to a mixed use of workshop, stores and the siting of a caravan used for residential purposes, Enterprise Building, Ffordd Glanymor, Talybont

Written representations

Mr Geraint Evans

NP5/60/LU126A Certificate of Lawful Use (Existing Use) for use of the Land as a tea garden under class A3 of the Town and Country Planning (Use Classes) Order 1987 between Friday and Sunday and including bank holidays all year round, Dolfrwynog Newydd, Hermon, Llanfachreth

Written representations Ms Iona Thomas

Number of appeals on list = 6 Number of appeals on committee list 6 March 2013 = 8

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Number of appeals Determined

Granted Refused Withdrawn

01/04/13 – 31/03/14 1 01/04/12 – 31/03/13 17 3 13 2 01/04/11 – 31/03/12 14 4 9 1 01/04/10 – 31/03/11 14 3 11 0 01/04/09 – 31/03/10 22 5 16 1 01/04/08 – 31/03/09 15 4 10 1

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SNOWDONIA NATIONAL PARK AUTHORITY

PLANNING AND ACCESS COMMITTEE, 24 APRIL 2013

SECTION 106 AGREEMENTS Application No.

Date application was received

Location Development Present Position

NP2/11/11X

12/01/12 Plas Craflwyn, Beddgelert.

Removal of Section 106 Agreement dated 17/02/1998 relating to application NP2/11/11G

Deed of Release being prepared.

NP2/16/420A 26/09/11 Land to rear of Bryn Derwen, Penmorfa.

Full application for construction of detached two storey dwelling and formation of new vehicular access and pedestrian access

Awaiting open market valuation from a valuer on behalf of the applicant

NP4/12/203 08/11/11

Agricultural building near Rhiw Youth Hostel, Rowen.

Conversion of redundant agricultural building into dwelling including construction of extension and installation of package treatment plant

Development Control Section to send final letter asking for information.

NP4/13/199A

22/09/10 Ysgubor Cae Gwegi, Capel Curig

Conversion of existing camping barn to affordable dwelling and installation of new package treatment plant

Legal Section to respond to applicant’s solicitors request for more time to complete Agreement.

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NP5/54/397 27/10/10 Land to rear of Garth Wnion, Brithdir.

Full application for construction of a two storey detached dwelling for local need, construction of single storey detached garage and formation of new vehicular/ pedestrian access

Awaiting signed Agreement so that it can be completed.

NP5/57/T746B

10/11/11

Bristol House, Smithfield Street, Dolgellau.

Conversion of upper floors of redundant office building into 3 flats and retention of ground floor as office space

Development Control Section to send final letter asking for information.

NP5/57/1060A

24/08/12 Units 24 & 25, Marian Mawr Industrial Estate, Dolgellau,

Removal of Section 106 Agreement dated 14/06/1993 relating to application NP5/57/114E

Draft agreement sent

NP5/59/511B 08/08/07 Land at rear of Penrhiw, Llan Ffestiniog

Amended details to site layout and dwelling types to that approved under Planning Consent NP5/59/511A dated 14th February 2005 including additional two plots

In discussion with the applicant’s solicitor. Legal Section awaiting instructions from Director of Planning.

NP5/65/302A 07/02/12 Beudy Pella, Bontddu.

Conversion and extension of disused barn to form dwelling, installation of 1300 litre oil tank, and installation of 2878 litre septic tank (revised scheme to the application refused under reference NP5/65/302)

Awaiting signed Agreement so that it can be completed.

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NP5/67/304

22/09/11 Land adjoining 9 Bron y Gader, Abergynolwyn.

Full application for construction of dwelling

Development Control Section to send final letter asking for information.

NP5/69/352 10/09/10

Land near Gwynfryn, Llwyngwril

Outline application for construction of two dwellings

Draft agreement sent

NP5/69/355

11/03/11 Barn near Brynllwyn Farm, Rhoslefain.

Conversion of barn into dwelling, construction of garage and installation of septic tank

Details received. Legal Section awaiting instructions from Director of Planning.

NP5/69/356

14/03/11 Land at Station Road, Llwyngwril.

Full application for construction of detached two storey dwelling and formation of new vehicular and pedestrian access

Details received. Legal Section awaiting instructions from Director of Planning

NP5/72/217 01/12/11 Barn near Cefn Bodig, Parc, Bala.

Conversion and extension of barn into dwelling (local need occupancy)

Draft agreement sent.

NP5/73/105F

23/03/11 Plot adjacent to Ffynnon, Gellilydan.

Construction of a new detached two storey dwelling for local & affordable occupation

Legal Section to write to applicant seeking intentions.

NP5/73/128B 17/05/12 Land between Coed Afon & Coed y Llwyn, Gellilydan.

Outline application for construction of one detached dwelling

Development Control Section to send final letter asking for information.

NP5/74/433

11/01/13 Penantigi Isaf, Dinas Mawddwy.

Conversion of barn to dwelling and installation of new septic tank

Instructions sent to Legal Section to commence preparation of a Agreement.

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NP5/77/L41D

07/10/11 Former Post Office, 5 High Street, Talsarnau.

Conversion of existing dwelling and disused shop into two dwellings

Draft agreement sent.

Number of applications on list = 18 Number of applications on committee list 6 March 2013 = 20

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SECTION 106 AGREEMENTS COMPLETED SINCE PLANNING & ACCESS COMMITTEE 6 MARCH 2013 Application No.

Location Development

NP4/29/20F Maes y Waen, Penmachno. Erection of 12 new affordable semi detached houses

NP5/53/28M Land adjoining Plas yn Dre, 23 High Street, Bala.

Construction of 6 terraces dwellings fronting Arenig Street, ground floor retail unit with 6 flats above, split over 2 floors fronting the High Street. Erection of single storey glazed link between proposed retail unit and Plas yn Dre Restaurant, formation of new internal courtyard for use as parking and amenity space

NP5/62/335A Pen y Coed, Ty Mawr Hotel, Llanbedr.

Change of use and extension of existing residential annexe to form separate dwelling

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SNOWDONIA NATIONAL PARK AUTHORITY

PLANNING AND ACCESS COMMITTEE 24 APRIL 2013

OUTSTANDING APPLICATIONS WHERE MORE THAN 13 WEEKS HAVE ELAPSED

Awaiting Amended Plans

Application No Date Received

Application Location Application Title

NP5/54/420 22/06/2012 Land near Wern Gawr, Rhydymain. Proposed hydro-electric scheme including construction of one intake weir, turbine house and installation of underground pipes.

Awaiting Ecology / Tree Report

NP5/52/342A 22/05/2012 Land near Plas Henddol, Friog. Renewal of Outline Planning Consent NP5/52/342 dated 23 May 2007 for construction

of one detached dwelling. NP5/57/1064 23/07/2012 2 Pant y Cra, Tabor, Dolgellau. Use of outbuilding as annexe.

Other

NP2/16/61B 15/03/2012 Land to rear of 6 Cambrian Terrace, Garndolbenmaen. Retrospective application for extension to curtilage and retention of 1225 litre oil tank

located within the curtilage. NP5/58/16Z 14/05/2012 Streamside Development Site, Dyffryn Ardudwy. Vary Condition No.19 of Planning Consent NP5/58/16X dated 18/01/2011 for revised

site layout and new lodge design (single storey). NP5/59/457B 20/12/2012 Part of foreshore of Llyn Morwynion, Llan Ffestiniog. Reconstruction of boathouse. NP5/60/110R 06/03/2012 Tyddyn Bwlch, Ganllwyd, Dolgellau. Retrospective application to rebuild storage and maintenance shed to be used as

domestic garage and workshop. NP5/60/110S 06/03/2012 Tyddyn Bwlch, Ganllwyd, Dolgellau. Retrospective application to rebuild barn and tractor shed. NP5/62/372B 20/11/2012 Llanbedr Airfield, Llanbedr. Submission of additional information in order to comply with requirements of Conditions

1 and 2 of Planning Permission reference NP5/62/372A. NP5/71/T184 03/01/2013 Tan Y Ffordd, Llanuwchllyn, Bala. Construction of two storey rear extension. Total applications on list = 10 Total applications on list Committee 06 March 2013 = 13

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www.planningportal.gov.uk/planninginspectorate

Penderfyniad ar Apêl Appeal Decision

Ymweliad safle a wnaed ar 13/03/13 Site visit made on 13/03/13

gan Emyr Jones BSc(Hons) CEng MICE MCMI

by Emyr Jones BSc(Hons) CEng MICE MCMI

Arolygydd a benodir gan Weinidogion Cymru an Inspector appointed by the Welsh Ministers

Dyddiad: 12/04/13 Date: 12/04/13 Appeal Ref: APP/H9504/Q/13/2191573 Site address: Cae’r Haidd, Gwyllt Road, Llanfairfechan, LL33 0EE

The Welsh Ministers have transferred the authority to decide this appeal to me as the appointed Inspector.

The appeal is made under Section 106B of the Town and Country Planning Act 1990 against a refusal to discharge a planning obligation.

The appeal is made by Angela Grant against the decision of the Snowdonia National Park Authority.

The development to which the planning obligation relates is the renovation of existing dwelling. The planning obligation, dated 21 October 1994, was made between the County Council of

Gwynedd and Mr Brian John Hughes. The application Ref NP4/23/46A, dated 29 October 2012, was refused by notice dated 22

January 2013. The application sought to have the planning obligation discharged.

Decision

1. The appeal is allowed. The planning obligation, dated 21 October 1994, made between the County Council of Gwynedd and Mr Brian John Hughes, no longer serves a useful purpose and is discharged.

Main Issue

2. I consider the main issue in this case to be whether the obligation continues to serve a useful purpose.

Reasons

3. The obligation subject of this appeal limits occupation of the dwellinghouse to a person employed or last employed in a regular trade, business or profession at a location within a thirty mile radius of the said dwelling, including the dependants of such a person residing with him or her or the widow or widower of such a person. This could be satisfied by any local person capable of competing in the open housing market.

4. Circular 35/95 on The Use of Conditions in Planning Permissions notes that (subject to specific advice on affordable housing, staff accommodation, agricultural dwellings and seasonal use – none of which applies to this case) if the development of a site for housing is an acceptable use of the land there will seldom be any good reason on land-use planning grounds to restrict occupancy to a particular type of person, including those already living or working in the area. I am not aware of any local or national planning policies to the contrary.

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Appeal Decision APP/H9504/Q/13/2191573

www.planningportal.gov.uk/planninginspectorate

2

5. The Welsh Assembly Government’s letter of 18 October 2010 confirms that occupancy restrictions which make no reference to housing need may not fulfil a proper planning function and may therefore not be in accordance with the tests set out in Circular 13/97 on Planning Obligations. This is reflected in the various appeal decisions submitted by the appellant.

6. The National Park Authority note that the renovation, which was granted planning permission against officer recommendation, was contrary to the Caernarvonshire Structure Plan with officers advising at the time that new dwellings should be located within existing built up areas. Under the Eryri Local Development Plan, the same principles apply in that a new open market dwelling would not be permitted in this location.

7. Whilst I do not dispute the above, the development would be no more acceptable in planning terms if it was occupied by a local person capable of competing in the open housing market as compared to a person who does not comply with the obligation. Because there is no provision restricting occupation to someone in need of affordable housing or a rural enterprise worker, the conflict with policies relating to strict control of new dwellings in the open countryside stands irrespective of whether the obligation is discharged or not. The obligation is, therefore, unnecessary and does not serve a useful purpose such that it should be discharged.

8. For the reasons given above I conclude that the appeal should be allowed.

E Jones

Inspector

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SNOWDONIA NATIONAL PARK AUTHORITY

PLANNING AND ACCESS COMMITTEE 24 APRIL 2013

DELEGATED DECISIONS

Applications Approved Application No. Proposed Location Decision

Date Case Officer

NP2/11/T15H Change of use of part of first floor into restaurant Riverside Garden Restaurant, Beddgelert. LL55 4UY

28/03/13 Mr Richard Thomas

NP3/15/10D Construction of two single storey extensions Ben's Cottage, Nant Peris. LL55 4UD

28/03/13 Mr Richard Thomas

NP3/21/T87B Construction of rear kitchen extension and construction of rear lean-to extension

1 Bryn Eglwys, Llanllechid. LL57 3LE

08/03/13 Ms Sara Roberts

NP4/11/42L Two storey rear extension and front porch 1 Bwlch y Maen, Betws y Coed. LL24 0DN

13/03/13 Mr Richard Thomas

NP4/13/76C Installation of 6 electric 'hook ups' for campervans and electricity connection of facilities building

Dolgam, Capel Curig. LL24 0DS

22/03/13 Mr Richard Thomas

NP4/16/11G Construction of agricultural building Fferm Gelli'r Ddol, Bryn Tirion, Dolwyddelan,

08/04/13 Ms Sara Roberts

NP4/16/189A Construction of single storey detached garage and construction of new retaining wall

2 Aberbeinw, Dolwyddelan, LL250YJ

28/03/13 Ms Sara Roberts

NP4/26/285A Installation of one 0.3m diameter transmitter dish on existing mast with associated support pole, feeder cable and ancillary development, on behalf of Airwave Solutions Ltd.

Tan y Foel Transmitting Station, Capel Garmon.

08/03/13 Ms Sara Roberts

NP4/26/293B Retention of work to alter existing forest tracks and creation of new forest tracks together with the retention of a stacking and loading area

Land at Coedbronrhedyn, Llanrwst Road, Betws y Coed.

03/04/13 Mr Geraint Evans

NP4/29/E452 Consultation under Section 37 of The Electricity Act 1989 to rebuild 11kv overhead electricity line

Tyddyn Gethin, Penmachno. LL24 0PS

28/02/13 Ms Sara Roberts

NP4/30/12G Construction of first floor extension Eifionydd, Plas Tanrallt, Conway Old Road, Dwygyfylchi. LL34 6SH

28/03/13 Mr Richard Thomas

NP4/30/2K Retrospective application to retain re-sited maintenance store

Tyddyn Llan Caravan Park, Old Mill Road, Dwygyfylchi. LL34 6TN

04/03/13 Mr Geraint Evans

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NP4/31/106E New pitched roof to replace flat roof to bedroom extension. Retrospective consent to replace two rooflights with two windows on Northern roof elevation of garage and replace two roof lights with one window on Southern roof elevation of garage. Retrospective consent to retain log store.

Saron Chapel (Gwerni), Ysbyty Ifan. LL24 0PD

12/03/13 Ms Iona Thomas

NP4/32/BT332 Prior notification under Part 24 of The Town & Country Planning (General Permitted Development) Order 1995 for 4 new wooden poles

Clawdd Gwyn, Nant Bwlch yr Haiarn, Trefriw. LL27 0JD

28/02/13 Ms Sara Roberts

NP5/50/651 Application to vary Condition No. 2 of Planning Consent NP5/42/160L dated 27/09/1982 to allow 10½ month occupancy

Pennau Coed, Chalet N20, Plas Panteidal, Aberdyfi. LL35 0RF

13/03/13 Mr R Huw Roberts

NP5/50/75S Removal of Condition No.2 of Planning Consent NP5/50/75K dated 11/04/2001 to allow use of property as holiday accommodation

Gatehouse, Panteidal Farm, Aberdyfi

13/03/13 Mr R Huw Roberts

NP5/50/L289B Change of use of store forming part of old bakehouse into shop including external alterations to form new shop front

The Old Bakehouse, 7 Prospect Place, Aberdyfi. LL35 0EY

20/03/13 Mr R Huw Roberts

NP5/52/117E Removal of Condition No. 3 of Planning Consent NP5/52/117C dated 05/03/2003 to extend the short term holiday let to allow full year holiday occupation

Erw Goed, Arthog. LL39 1YR

13/03/13 Mr R Huw Roberts

NP5/52/LB220 Listed Building Consent to install new wood burning appliance into existing fireplace, flue lining and cowl on chimney.

1 Y Bont, Arthog. 13/03/13 Mr Gwilym H Jones

NP5/52/LB220A Listed Building Consent for removal of existing non-breathable paint finish from external wall surfaces. Replacement of existing plastic guttering to rear elevation with cast effect.

1 Y Bont, Arthog. 13/03/13 Mr Gwilym H Jones

NP5/52/LB221 Listed Building Consent for internal and external alterations including removal of existing non-breathable paint finish from external wall surfaces. Replacement of existing guttering to rear elevation, replacement of ground floors, lime plaster to ground floor walls, formation of two internal doorways, formation of ground floor shower room, installation of new Aga & lining of flue, installation of new kitchen units, installation of new electrical fittings and services.

2 Y Bont, Arthog. 14/03/13 Mr Gwilym H Jones

Page 26: Other Planning Issues

NP5/52/LB222 Listed Building Consent for internal & external alterations including removal of existing non-breathable paint finish from external wall surfaces. Replacement of existing guttering to rear elevation, replacement of ground floors, lime plaster to ground floor walls, formation of two internal doorways, removal of kitchen units, alterations to bathroom and installation of new boiler and electrical fittings

3 Y Bont, Arthog. LL39 1YU

15/03/13 Mr Gwilym H Jones

NP5/53/151B Conversion of outbuilding into annexe Hendre Ddu, Bala. LL23 7YD

27/03/13 Ms Sara Roberts

NP5/53/491A Upgrade playground Playing Field, Castle Street, Bala.

14/03/13 Ms Sara Roberts

NP5/53/86D Construction of rear conservatory 1 Glannau Tegid, Bala. LL23 7DZ

28/03/13 Ms Sara Roberts

NP5/55/216 Demolition of lean-to and construction of new sunroom Plas Rhyd-yr-Onen, Bryncrug. LL36 9RD

13/03/13 Mr R Huw Roberts

NP5/55/86C Construction of conservatory Dolgoch Farm, Bryncrug. LL36 9UW

10/04/13 Mr R Huw Roberts

NP5/57/1070 Construction of sun lounge and rear porch Mansiriol, Cae Deintur, Dolgellau. LL40 2YS

28/02/13 Mr R Huw Roberts

NP5/58/120C Formation of parking bay Bronallt, Dyffryn Ardudwy. LL44 2BE

05/03/13 Mr R Huw Roberts

NP5/58/120D Change of use of drying room from domestic annexe to seperate self contained holiday letting unit

Bronallt, Dyffryn Ardudwy. LL44 2BE

06/03/13 Mr R Huw Roberts

NP5/58/298H Construction of two storey extension to provide additional storage and display space (revised scheme)

Huws Gray Builder's Merchants (formerly J & B Willbrook Ltd), Dyffryn Ardudwy. LL44 2DH

06/03/13 Mr R Huw Roberts

NP5/58/534 Retrospective application to retain 16 ground mounted solar PV panels

Bryn Rhyfel, Dyffryn Ardudwy. LL44 2HX

28/02/13 Ms Iona Thomas

NP5/59/504C Two storey extension Trefan, Llan Ffestiniog. LL41 4LG

12/03/13 Ms Sara Roberts

NP5/59/740 Proposed engineering works to landscape rear garden and retrospective application to retain existing engineering works

The Cottage, Llan Ffestiniog. LL41 4LT

22/03/13 Mr Geraint Evans

Page 27: Other Planning Issues

NP5/59/741 Construction of pumping station including associated works (control kiosk, underground waste water valve chamber, underground water pumping station, retaining walls, fencing, formation of new vehicular access, access road and turning head) to connect the existing septic tank (taking waste from 6 houses on Ty'n y Maes) to the main sewer which is located within the cemetery

Land near Ty'n y Maes, Llan Ffestiniog.

09/04/13 Mr Richard Thomas

NP5/60/E138 Consultation under Section 37 of The Electricity Act 1989 to install 11kv overhead electricity line

Land at Coed y Brenin, Hermon, Llanfachreth.

22/03/13 Ms Sara Roberts

NP5/61/397C Demolition of conservatory, erection of single storey rear extension and formation of receded housing for gas fire

Hendre Mur, Old Llanfair Road, Harlech. LL46 2SS

09/04/13 Mr Richard Thomas

NP5/61/457L Provision of 82 permeable gravel hardstandings for existing touring pitches

Min y Don Holiday Park, Beach Road, Harlech. LL46 2UG

15/03/13 Mr Richard Thomas

NP5/63/198D Application to vary Condition No. 1 of Planning Cosent NP5/63/198C dated 29/09/2008 to extend commencement of development period for an additional 5 years and removal of Condition No. 6 of Planning Consent NP5/63/198C dated 29/09/2008

Ty Isaf, Frongoch. LL23 7NU

25/03/13 Mr Richard Thomas

NP5/65/LB146B Listed Building Consent for a variation of Condition 2 of Listed Building Consent No. NP5/65/LB146A dated 19/04/2012 for alterations to the bat protection measures.

Tan Llan, Llanelltyd. 15/03/13 Mr Gwilym H Jones

NP5/65/LB70A Listed Building Consent to demolish existing pitched roof lobby and construct a lean to lobby

Ffermdy'r Vanner, Llanelltyd. LL40 2HE

06/03/13 Mr Gwilym H Jones

NP5/66/15F Construction of single storey side extension Cae Gethin, Llanfair. LL46 2SA

08/03/13 Ms Sara Roberts

NP5/66/237 Construction of single storey rear extension Eithinog, 4 Fron Hill, Llanfair, Harlech, LL462TD

28/03/13 Ms Sara Roberts

NP5/66/BT238 Prior Notification under Part 24 of the Town and Country Planning (General Permitted Development) Order 1995 to install 1 new wooden pole

Land near Tyn Y Maes, Llandanwg, Harlech, LL462SD

27/02/13 Ms Sara Roberts

NP5/67/308 Construction of porch 17 Bron Y Gader, Abergynolwyn

28/02/13 Ms Sara Roberts

NP5/67/E307 Consultation under Section 37 of The Electricity Act 1989 to rebuild 11kv overhead electricity line

Gwastadfryn, Ty'n y Fach, Llanfihangel y Pennant.

09/04/13 Mr R Huw Roberts

Page 28: Other Planning Issues

NP5/67/T306 Re-roofing and alignment of roof pitch and fascia, replacement and additional dormer windows and replacement windows

Meirion House, Abergynolwyn. LL36 9YP

28/02/13 Mr R Huw Roberts

NP5/68/LU193C The use of annexe as letting for self-contained holiday accommodation for periods of no more than 28 days at any given time of the year.

Building and land at Dan y Sêr, Rhyd, LL48 6ST, as delineated in red on the attached plan dated 19/11/2012.

20/03/13 Mr Geraint Evans

NP5/70/63D Retrospective application for stabilisation works to embankment to protect against flooding

Glan y Gro, Llangower, Bala. LL23 7BT

04/03/13 Mr Geraint Evans

NP5/71/439 Conversion of agricultural building into holiday accommodation and installation of package treatment plant

Ty Mawr, Penantlliw, Llanuwchllyn. LL23 7TB

27/03/13 Ms Sara Roberts

NP5/71/L286A Re-building and enlarge rear extension, insertion of three rooflights in extension roof and alterations to extension roofline

Brynraber, Llanuwchllyn. LL23 7TW

09/04/13 Ms Sara Roberts

NP5/71/L297B Conversion of cowshed attached to dwelling to form extension to dwelling including installation of rooflights on front roof elevation of cowshed

Cowshed attached to 2 Coed Y Lôn Cottage, Llanuwchllyn, Bala, LL237ST

04/03/13 Ms Sara Roberts

NP5/72/225 Formation of new temporary vehicular access Land near A4212, Arenig, Bala.

22/03/13 Mr Richard Thomas

NP5/72/LB143A Listed Building Consent for internal and external alterations to convert church into Heritage Centre

Eglwys Beuno Sant, Llanycil. LL23 7YF

21/03/13 Mr Gwilym H Jones

NP5/73/E369 Consultation under Section 37 of the Electricity Act 1989 to install underground supply

Land between Dol y Moch and Plas Dol y Moch, Maentwrog

07/03/13 Ms Sara Roberts

NP5/73/E374 Consultation under Section 37 of the Electricity Act 1989 to install underground supply

Land near Coed Llyn y Garnedd, Maentwrog.

22/03/13 Ms Sara Roberts

NP5/73/LB74G Removal of existing 'Biodigester' tank and septic tank and replace with new sewerage treatment tank

Plas Dol y Moch, Maentwrog. LL41 3YT

13/03/13 Mr Gwilym H Jones

NP5/75/LB2A Listed Building Consent to install bio-mass heating system within existing fireplace & replacement of 4 no. storage heaters with radiators and associated pipe work

Llugwy Lodge, Pennal, SY209JX

13/03/13 Mr Gwilym H Jones

Page 29: Other Planning Issues

Applications Refused

NP2/11/T348A Construction of single storey side extension & two storey rear extension to shop and owner's accommodation

Emrys House, Beddgelert. LL55 4YB

28/03/13 Mr Richard Thomas

NP5/50/L234A Installation of first floor balcony Bron Y Graig, Terrace Road, Aberdyfi, LL350LP

09/04/13 Mr R Huw Roberts

NP5/53/LU486A Certificate of Lawful Use (Existing Use) for use of the ground floor of the Property as a self-contained flat and sleeping accommodation.

The ground floor ('the Ground Floor') of the building ('the Building') known as Trem Hirnant, Plassey Street, Bala, Gwynedd, LL23 7DE.

02/04/13 Mr Aled Lloyd

NP5/59/T690A Construction of rear conservatory Annedd Gain, Station Road, Ffestiniog, Blaenau Ffestiniog, LL414NN

26/03/13 Ms Sara Roberts