cyfarfod : pwyllgor cynllunio a mynediad · (a) appeal by mr lewis williams against the...

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R HYBUDD O G YFARFOD / N OTICE OF M EETING Awdurdod Parc Cenedlaethol Eryri Emyr Williams Prif Weithredwr Awdurdod Parc Cenedlaethol Eryri Penrhyndeudraeth Gwynedd LL48 6LF Ffôn/Phone (01766) 770274 E.bost/E.mail : [email protected] Snowdonia National Park Authority Emyr Williams Chief Executive Snowdonia National Park Authority Penrhyndeudraeth Gwynedd LL48 6LF Ffacs/Fax (01766)771211 Gwefan/Website: www.eryri-npa.gov.uk Cyfarfod : Pwyllgor Cynllunio a Mynediad Dyddiad: Dydd Mercher 18 Mehefin, 2014 Amser 10.00 y.b. Man Cyfarfod: Plas Tan y Bwlch, Maentwrog. Meeting: Planning and Access Committee Date: Wednesday 18 June, 2014 Time: 10.00 a.m. Location: Plas Tan y Bwlch, Maentwrog. Aelodau wedi’u penodi gan Gyngor Gwynedd Members appointed by Gwynedd Council Y Cynghorydd / Councillor : Elwyn Edwards, Thomas G. Ellis, Alwyn Gruffydd, Sion Wyn Jones, I. Dilwyn Lloyd, E. Caerwyn Roberts OBE., JP., John Pughe Roberts, Dyfrig Siencyn, Eurig Wyn; Aelodau wedi’u penodi gan Gyngor Bwrdeistref Sirol Conwy Members appointed by Conwy County Borough Council Y Cynghorwyr / Councillors : Julie Fallon, Elizabeth Roberts, Joan Vaughan; Aelodau wedi’u penodi gan Llywodraeth Cymru Members appointed by The Welsh Government Dr. Iolo ap Gwynn, Mrs. M. June Jones, Mrs. Marian W. Jones, Mr. David L. Roberts, Mr. Ceri Stradling, Mr Owain Wyn.

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R H Y B U D D O G Y F A R F O D / N O T I C E O F M E E T I N G

Awdurdod Parc Cenedlaethol Eryri Emyr Williams Prif Weithredwr Awdurdod Parc Cenedlaethol Eryri Penrhyndeudraeth Gwynedd LL48 6LF Ffôn/Phone (01766) 770274 E.bost/E.mail : [email protected]

Snowdonia National Park Authority Emyr Williams Chief Executive Snowdonia National Park Authority Penrhyndeudraeth Gwynedd LL48 6LF Ffacs/Fax (01766)771211 Gwefan/Website: www.eryri-npa.gov.uk

Cyfarfod : Pwyllgor Cynllunio a Mynediad

Dyddiad: Dydd Mercher 18 Mehefin, 2014

Amser 10.00 y.b.

Man Cyfarfod: Plas Tan y Bwlch, Maentwrog.

Meeting: Planning and Access Committee

Date: Wednesday 18 June, 2014

Time: 10.00 a.m.

Location: Plas Tan y Bwlch, Maentwrog.

Aelodau wedi’u penodi gan Gyngor Gwynedd

Members appointed by Gwynedd Council Y Cynghorydd / Councillor :

Elwyn Edwards, Thomas G. Ellis, Alwyn Gruffydd, Sion Wyn Jones, I. Dilwyn Lloyd, E. Caerwyn Roberts OBE., JP.,

John Pughe Roberts, Dyfrig Siencyn, Eurig Wyn;

Aelodau wedi’u penodi gan Gyngor Bwrdeistref Sirol Conwy Members appointed by Conwy County Borough Council

Y Cynghorwyr / Councillors : Julie Fallon, Elizabeth Roberts, Joan Vaughan;

Aelodau wedi’u penodi gan Llywodraeth Cymru Members appointed by The Welsh Government

Dr. Iolo ap Gwynn, Mrs. M. June Jones, Mrs. Marian W. Jones, Mr. David L. Roberts, Mr. Ceri Stradling, Mr Owain Wyn.

A G E N D A

1.* Chairman To elect a Chairman of the Committee for the ensuing year. 2.* Vice-Chairman To elect a Vice-Chairman of the Committee for the ensuing year. 3. Apologies for absence and Chairman’s Announcements To receive any apologies for absence and Chairman’s announcements. 4. Declaration of Interest

To receive any declaration of interest by any members or officers in respect of any item of business.

5. Minutes The Chairman shall propose that the minutes of the meeting of this Committee held on

14 May, 2014 be signed as a true record (copy herewith) and to receive matters arising, for information.

6. Appointment of Members to serve on the Planning and Access Committee Inspection Panels

To submit a report by the Director of Planning and Cultural Heritage. (Copy herewith) 7. Inspection Panel Reports

(1) To submit the report of the Northern Area Inspection Panel held on 23 May, 2014 together with a report by the Director of Planning and Cultural Heritage on the application. (Copy herewith)

(2) To submit the report of the Full Planning and Access Committee Inspection Panel held on 23 May, 2014 together with a report by the Director of Planning and Cultural Heritage on the application. (Copy herewith)

8. Reports by the Director of Planning and Cultural Heritage To submit the reports by the Director of Planning and Cultural Heritage on applications

received and enforcement matters. (Copies herewith) 9. Delegated Decisions To submit the Director of Planning and Cultural Heritage’s list of applications which have been

determined in accordance with delegated authority. (Copy herewith) 10. Planning Appeal

To submit an oral report by the Director of Planning and Cultural Heritage on the Inspector’s decision to allow an appeal by Ms Jane Hazel against the Authority’s decision to grant planning permission subject to conditions, 13 Treflan, Aberdyfi. LL35 0PH (A copy of the Inspector’s decision is enclosed - Copy herewith)

* Your attention is drawn to standing order 5.8 which states that “No Member shall serve as Chairman or Vice-Chairman of more than one Committee”.

ITEM NO. 5

SNOWDONIA NATIONAL PARK PLANNING AND ACCESS COMMITTEE WEDNESDAY 14th MAY, 2014

Councillor Elwyn Edwards (Gwynedd) (Chairman)

PRESENT:

Members appointed by Gwynedd Council Councillors Thomas G. Ellis, I. Dilwyn Lloyd, John Pughe Roberts, Dyfrig Siencyn, Eurig Wyn; Member appointed by Conwy County Borough Council Councillor Elizabeth Roberts; Members appointed by the Welsh Government Mrs. Marian W. Jones, Mr. David L. Roberts, Mr. Ceri Stradling; Officers Mr. G.I. Jones, Mr. J. Cawley, Mr. A. Lloyd, Mrs. J. Jones, Mr. G. Evans, Mrs. A. Gaffey. 1. Apologies

Councillors Julie Fallon, Alwyn Gruffydd, Sion W. Jones, E. Caerwyn Roberts, Joan Vaughan; Dr. Iolo ap Gwynn, Mrs. M. June Jones, Mr. Owain Wyn.

2. Declaration of Interest

Members appointed by Gwynedd Council declared a personal and prejudicial interest in item 4 (4) on the Agenda, under paragraphs 10 (2) (a) (ix) (aa) and 12 (1) of the Code of Conduct for Members, but took part in the meeting, relying on the dispensation granted by the Standards Committee on 3rd October 2012, unless otherwise stated below.

3. Minutes The minutes of the Planning and Access Committee meeting held on the 2nd April, 2014 were accepted and the Chairman signed them as a true record.

4. Reports by the Director of Planning and Cultural Heritage

Submitted – Reports by the Director of Planning and Cultural Heritage on planning applications and enforcement matters.

Please see the Schedule of Planning Decisions attached. 5. Delegated Decisions

Submitted and Received – The list of applications determined in accordance with delegated authority.

6. Planning Appeals Submitted and Received – a copy of the following appeal decisions:-

(a) Appeal by Mr Lewis Williams against the Authority’s refusal to grant planning permission for the installation of a 15m high wind turbine (20.0m to blade tip), Llanllwyda, Llanfihangel-y-Pennant, Tywyn, Gwynedd. LL36 9TN

(Appeal dismissed)

(b) Appeal by WCE Properties Ltd against the Authority’s refusal to grant planning permission for the erection of 12 dwellinghouses on land adjacent to Bryn Derw, Crafnant Road, Trefriw.

(Appeal dismissed)

The meeting ended at 11.10 a.m.

SCHEDULE OF PLANNING DECISIONS – 14th MAY, 2014

Item No.

1. NP2/11/LB228B – Change of use of part of dwelling (Use Class C3) to café (Use Class A3), Meirionfa, Gwynant Street, Beddgelert.

RESOLVED to grant permission in accordance with recommendation and to include an additional condition to limit the number of tables in the garden.

2. NP4/12/T37C – Construction of single storey rear extension, insertion of 2 “Velux”

rooflights to existing roof, formation of new vehicular/pedestrian access, installation of new septic tank and soakaway, Penygraig Aaron, Llanbedr y Cennin, Conwy.

Reported – Case Officer asked Members to note that the reasons for refusal should be amended as follows:-

- to combine refusal reasons 1 and 2 noting that the proposal conflicts with Policy 7 of the adopted Eryri Local Development Plan.

- refusal reason 4 to be omitted as the bat survey has been submitted. Public Speaking Mrs. Frances Voelcker, the agent, addressed the Planning and Access Committee

and asked Members to consider the following:- Mrs. Voelcker provided Members with planning history for the site and outlined

previous consents from the SNPA which provides a consistent history that the house has been treated as a normal house, not a special traditional building which must not be enlarged significantly.

the Planning Guidance on Extensions to Traditional cottages is for houses on level ground. This is not the case at Penygraig Aaron which is on a slope greater than 1 in 10, with the land at the back of the house about 800mm higher than the internal floor level.

the roof extension is not above the ridge of main house, the extension does not extend further than the front elevation of the main house, nor is it nearer the road than the main house.

it is not possible, due to the steep slope, for the eaves to be at the same height or lower than the eaves of the main house.

it is not possible to have a slate roof if the extension is to remain lower than the ridge of the main house.

the extension is no larger than the main dwelling in 1960, which is over 50 years ago.

the Park’s first purpose is conservation, which includes conserving its communities.

the Park’s Sustainable Design Guidance supports sustainable communities, expresses concern at the age structure of the population and advocates lifetime homes. This dwelling is for 7 people from three generations and is also a workplace as it is a registered small holding.

the proposed size of the extension is the minimum necessary to allow for older people who need help or use walking aids should this become necessary.

RESOLVED – Site Inspection.

3. NP4/26/80B – Retrospective application to retain change of use of land to keep 2 shepherd’s huts for letting as holiday accommodation, land near Plas yn Rhos, Rhydlanfair, Betws y Coed.

Reported – Case Officer advised that he was still waiting for a response from Natural Resources Wales. 2 further letters of support reported (one from the local

Council member and the other from the Head of Tourism, Conwy County Borough Council).

Public Speaking Mr. Richard Barclay, the applicant, addressed the Planning and Access Committee

and asked Members to consider the following:- the land was not at risk of flooding. the SNPA have no specific policy for shepherd’s huts which are low density,

sustainable, low impact structures. Such structures are not perceived as static caravans by the Brecon Beacons National Park and Conwy County Borough Council and are considered separately.

there was no over-supply of shepherd’s huts. some letters of support were not included in the pack, such as from Conwy

Tourism who support the venture. the SNPA’s Development Policy 21: Tourism and Recreation makes no mention

of the Authority’s support for sustainable tourism. there are inaccuracies in the officer’s report as the shepherd’s huts are not

prominent in the landscape and are screened in the summer. The applicant has planted 150 trees and the huts are only visible from the applicant’s access track which is not a public vantage point.

RESOLVED – Site Inspection. All members of the Planning and Access Committee to be invited to attend.

4. NP5/61/87G – Change of use of ground floor from shop to flat, Shop 1, Gwyddfor

House, High Street, Harlech. LL46 2YB RESOLVED to refuse permission in accordance with recommendation.

5. NP5/73/71Y – Siting of log cabin in garden car park for use as reception building,

ticket sales, and shop for temporary period (end of season 2016), Plas Tan y Bwlch, Maentwrog, Blaenau Ffestiniog. RESOLVED to authorise the Director of Planning and Cultural Heritage to grant temporary permission subject to appropriate conditions.

6. NP5/76/323F – Construction of new toilet and shower block, retention of temporary reception cabin, increase number of caravans from 49 to 59, extend caravan season from 8 months to 10½ months and extension to site to form tented camping area for 25 new tent pitches, Blaen Cefn Leisure Park, Penrhyndeudraeth. RESOLVED to refuse permission in accordance with recommendation.

7. Variable Messages Sign – A470 Cross Foxes (NP5/57/A470 [6]) Submitted – A report by the Director of Planning and Cultural Heritage to inform

Members of the Minister’s decision. RESOLVED to note the report.

8. Compliance Service Submitted – A report by the Head of Development Management and Compliance to

update Members on improvements to the Compliance Service. RESOLVED to note the report.

9. Summary of Compliance Cases – For Information Arising thereon,

i) NP5/50/ENF362B – Foel y Graig, Aberdyfi. Members were advised that a planning application has been received.

ii) NP5/52/ENFLB155A – Arthog Hall, Arthog. Officers and Members to discuss expediency of dealing with “minor works” at a future meeting of the Compliance Task and Finish Group.

RESOLVED to note the report and proceed as outlined. 10. Planning, Enforcement Notices and Certificates of Lawful Use Appeals submitted

and awaiting decision – For Information RESOLVED to note the report.

11. Section 106 Agreements – For Information

RESOLVED to note the report. 12. Outstanding Applications where more than 13 weeks have elapsed –

For Information RESOLVED to note the report.

ITEM NO. 6

MEETING

Planning and Access Committee

DATE

18th June, 2014

TITLE

APPOINTMENT OF MEMBERS TO SERVE ON THE PLANNING & ACCESS COMMITTEE INSPECTION PANELS

REPORT BY

Director of Planning and Cultural Heritage

PURPOSE

To appoint Members.

1. SUMMARY The Planning Committee is invited to nominate Members to serve on the

following Inspection Panels. The Panels are fully vacant with names of previous membership included, for information only, to assist members.

2. RECOMMENDATION To appoint Members to serve on the following:-

Inspection Panels (Potential for 10 meetings each a year) If previous Members wish to now serve on a different inspection panel, it

would be appreciated if notice could be given before the Committee.

Northern Area (9 Members)

Southern Area (9 Members)

1) Cllr. Alwyn Gruffydd 2) Cllr. Sion W. Jones 3) Cllr. I. Dilwyn Lloyd 4) Cllr. Eurig Wyn 5) Cllr. Elizabeth Roberts 6) Cllr. Julie Fallon 7) Cllr. Joan Vaughan 8) Mrs. M. June Jones 9) Mr. Owain Wyn

1) Cllr. Elwyn Edwards 2) Cllr. Thomas G. Ellis 3) Cllr. E. Caerwyn Roberts 4) Cllr. John Pughe Roberts 5) Cllr. Dyfrig Siencyn 6) Mrs. Marian W. Jones 7) Mr. David L. Roberts 8) Dr. Iolo ap Gwynn 9) Mr. Ceri Stradling

AWDURDOD PARC CENEDLAETHOL ERYRI / SNOWDONIA NATIONAL PARK AUTHORITY PANEL YMWELD Y GOGLEDD / NORTHERN INSPECTION PANEL - MAI 23 MAY 2014 CYF./REF.: DISGRIFIAD / DESCRIPTON

NP4/12/T37C - Adeiladu estyniad yn y cefn, mewnosod 2 ffenestr to, creu mynediad

newydd i gerbydau a gosod septig tanc, Pen y Graig Aaron, Llanbedr y Cennin, Conwy. Construction of rear extension, insertion of 2 rooflight windows, formation of new vehicular access and installation of septic tank, Pen y Graig Aaron, Llanbedr y Cennin, Conwy.

PANEL YMWELD LLAWN / FULL INSPECTION PANEL - MAI 23 MAY 2014 CYF./REF.: DISGRIFIAD / DESCRIPTON

NP4/26/80B - Cais ôl-weithredol i newid defnydd tir i gadw 2 gwt math bugail i’w

gosod fel llety gwyliau, Plas yn Rhos, Rhydlanfair. Retrospective application to change land use to retain 2 shepherd type huts to be let as holiday accommodation, Plas yn Rhos, Rhydlanfair.

SNOWDONIA NATIONAL PARK AUTHORITY NORTHERN INSPECTION PANEL, 23 MAY 2014 NP4/12/T37C - CONSTRUCTION OF REAR EXTENSION, INSERTION OF 2 ROOFLIGHT WINDOWS, FORMATION OF NEW VEHICULAR ACCESS AND INSTALLATION OF SEPTIC TANK, PEN Y GRAIG AARON, LLANBEDR Y CENNIN, CONWY. PRESENT

Councillors E. Roberts, E.C. Roberts, Dr. I. ap Gwyn, Mr. C. Stradling Mr. D.L. Roberts.

APOLOGIES

Councillor J. Fallon, A. Gruffydd, S.W. Jones, I.D. Lloyd, E. Wyn, J. Vaughn, Mrs M.J. Jones, Mr O. Wyn.

IN ATTENDANCE

Richard Thomas, Principal Planning Officer Aled Lloyd, Head of Development Management and Compliance

REPORTED

- Officer introduced this application explaining that there were four elements to the application that had to be considered. Namely a single storey rear extension, two new rooflight windows in the existing rear elevation, a new vehicular access and a new septic tank and soakaway. - Officer informed the members that the original cottage is on the Authority’s list of traditional buildings and has been extensively extended in the past with a conservatory to the front, extended into an outbuilding to the side and a lean-to stone built extension to the rear. - Members were reminded of policy background which indicates that in the first instance any combination of extensions should not more than double the size of the original dwelling. It was pointed out should the proposed extension be built the original traditional cottage would be around five times larger than its original footprint. The original cottage has a footprint of 45sqm, if approved this application would increase the footprint of the dwelling to 220sqm. This would be contrary to Eryri Local Development Plan policy 15 on extensions. - If members felt there was a case to extend the cottage then the second element of policy should be considered which was whether the unusual design was appropriate for this traditional cottage. The officer pointed out the extensive flat roof element of the proposal, the barrel roofed design and timber clad walls. Officer considered that this would be contrary to Eryri Local Development Plan policy 7 alterations to

traditional buildings. - Members were shown a plan of a rear extension to this property approved in 2005 but not implemented, this approval shows a conventional extension considered more appropriate by officers. - Members were then shown the proposed new access point and hard standing and turning area to the rear of the property. Officer pointed out the length of hedging that would have to be removed to facilitate the access and the extent of the hard landscaping required. - Officer commented that there had been pre-application advice sought by the applicant and by the agent with reservations being expressed on two occasions by officers over the design and use of material of the proposed extension. Officers provided consistent advice to the effect that a more conventional approach may be better received. - No concerns were raised with regard to the rooflight windows and septic tank.

DISCUSSED

- Members observed and commented that the original stone built cottage had been extended to the front, side and rear elevations and had been unsympathetically altered in the past. - The size of the proposed rear extension was discussed with concern over the amount of flat roof proposed which would extend almost the full length of the property. Whilst the design of the proposed addition was unusual it was commented that the site was currently well hidden from view. It was stated that the proposed extension was large in comparison to the existing property. - However, it was observed by members that the hidden nature of the rear of this property would be opened up to full view by the proposed new access. Members observed that the existing access is narrow and defined by two stone gate posts with restricted turning within the property curtilage. - Members expressed concern over the loss of the mature and species rich hedge that would need to be removed in its entirety to allow for the new vehicular access and turning area. Members observed that its removal would not only would this mean the loss of a natural habitat but would bring the proposed extension into public view. - Members concluded that a further discussion was required at the next planning and access committee over the policy implications and the planning merits of the application.

CONCLUSION

- To discuss this application further in the next Planning and Access Committee meeting.

Consultees: Responses: Caerhun Community Council Support Conwy – Highways No objections Natural Resources Wales Views awaited Site: Pen y Graig Aaron, Llanbedr y Cennin, Conwy. Proposal: Proposed extension, insertion of 2 rooflight windows to existing roof, formation of new vehicular access and installation of new septic tank. Designations: Traditional Building Publicity Undertaken: Site Notice: Yes Press Notice: No Neighbour Letters: Yes Reason(s) Application Reported to Committee Scheme of Delegation Support by Community Council Planning History: Application No. Details Decision NP4/12/37B Replacement of existing water reservoir

with two enclosed stainless steel tanks Approved 2012

NP4/12/T37A Single storey rear extension Approved 2005NP4/12/37 Kitchen and bedroom extension Approved 19826248 Proposed alterations and addition Approved 1959

Snowdonia National Park Authority – Planning & Access Committee

Date: 14/05/2014

Date Application Registered: 09/04/14 Application Number: NP4/12/T37C Community: Caerhun Grid Reference: 275397 370231 Application Type: Full Location: Pen Y Graig Aaron, Llanbedr y Cennin,

Conwy. Applicant: Description: Mr John & Mrs Louise Doughty Pen y Graig Aaron Llanbedr y Cennin Conwy LL32 8UR

Construction of single storey rear extension, insertion of 2 “Velux” rooflights to existing roof, formation of new vehicular/pedestrian access, installation of new septic tank and soakaway.

PREVIOUS REPORT

Relevant Planning Policies: Eryri Local Development Plan 2011 Policy No Policy 1 General development principles D Natural environment Ff Historic environment 15 Extensions 7 Listed and Traditional buildings 14 Annex accommodation Assessment: This application refers to the proposed extension of a traditional cottage in an isolated rural location within the Conwy valley. The original cottage is of traditional local design and form being of stone construction with slate roof and modest in scale. An adjoining outhouse has been converted and incorporated into the residential accommodation to provide an additional bedroom and living room. The original cottage has also been extended through the insertion of a dormer window to the roof of the front elevation and the erection of a somewhat unsympathetic conservatory to the front elevation. A stone built extension has been added to the rear elevation to provide a bathroom and the traditional windows and doors have been replaced by non-traditional upvc units. The proposal shows the erection of a single storey extension to the rear of the dwelling to provide for an additional bedroom, living room, bathroom and utility room. The design of the proposed extension is somewhat unconventional being finished in timber cladding under a barrel style roof linked to the main house by a flat roofed link corridor. The original cottage has a ground floor area of 45sqm under Eryri Local Development Plan policy 15 the maximum permissible for extending this dwelling would be a floor area of 45sqm. To date the dwelling has been extended by approximately 90sqm. This application proposal would further extend the property by approximately 85sqm. Therefore, the accumulated extensions considerably exceeds what is regarded as acceptable for a cottage that has been recognised for its traditional form and design by inclusion on the Authority’s list of traditional buildings. The application is consequently considered to be contrary to Eryri Local Development Plan policy 15: extensions. Notwithstanding the above the design and form of the proposed extension is not considered to be in keeping with the character of the traditional cottage being more akin to an abandoned rail carriage with timber cladding and barrel roof. The application also shows a flat roofed linked corridor between the main body of the extension and the existing dwelling. Prior to the current policy on extending dwellings this Authority did approved an extension of

traditional form and design to the rear of this cottage which has not been implemented. Given the non-traditional design and use of materials and the use of a flat roof of the proposed extension, it is considered that this application is contrary to Eryri Local Development Plan policy 7 as it is considered that this extension would significantly harm the character of a traditional cottage. The applicant and the agent sought pre-application advice on this proposal and on both occasions Authority officers were of the opinion that the form, design and use of materials of the extension and the flat roofed link were inappropriate and that a more traditional approach should be pursued. It was suggested that an extension along the lines of that previously approved in 2005 would be of advantage. However, the agent did not follow this advice and present the application un-amended. In addition to the above it is proposed to insert two new rooflight windows to the rear elevation of the original dwelling. Whilst there is no objection to the visual impact of this, the applicant has failed to fully account for any potential impact on protected species. Consequently, and until such time as adequate survey work has been carried out, this application is contrary to Eryri Local Development Plan policy D: Natural environment. The application also includes the formation of a new vehicular and pedestrian access to gain access to the rear of the property which would replace an existing inadequate access. The highways Authority have raised no objections to this proposal. The Community council along with neighbours have expressed support for this application. Background Papers in Document Bundle No.1: Yes RECOMMENDATION: To REFUSE for the following reasons: 1. The design of the proposed extension to this building would destroy its inherent character. The proposal is therefore contrary to Policy 9 of the adopted Eryri Local Development Plan which seeks to safeguard and conserve the character of traditional buildings.

2. The proposal because of the design of the extension conflicts with Policy 7 of the adopted Eryri Local Development Plan which states that the Authority will require that alterations to traditional buildings retain their architectural character and historic setting.

3. By reason of the proposed extension, in combination with previous extensions, more than doubles the size of the original traditional cottage this application is in conflict with Eryri Local Development Plan policy 15: Extensions.

4. By reason of insufficient information being presented to show that there is no adverse effect on protected species this application is in conflict with Eryri Local Development Plan D: Natural Environment.

SNOWDONIA NATIONAL PARK AUTHORITY FULL INSPECTION PANEL, 23 MAY 2014 NP4/26/80B – RETROSPECTIVE APPLICATION TO CHANGE LAND USE TO RETAIN 2 SHEPHERD TYPE HUTS TO BE LET AS HOLIDAY ACCOMMODATION, PLAS YN RHOS, RHYDLANFAIR. PRESENT Councillors E. Edwards, Dr. I. ap Gwynn , E.C.

Roberts, J.P. Roberts, Mr. D.L. Roberts, Mr. C. Stradling, Mrs. E. Roberts, Mrs J Jones.

APOLOGIES Councillors T.G Ellis, A. Gruffydd, S.W. Jones, I.D. Lloyd, D. Siencyn, E. Wyn, J Fallon, J Vaughan, Mrs M.W. Jones, Mr O Wyn.

IN ATTENDANCE Aled Lloyd, Head of Development Management and Compliance Geraint Evans, Planning Officer (Compliance)

REPORTED - Application details. - Policy considerations, specifically policies 22 and 23 of the Eryri Local Developemnt Plan. The huts are considered as caravans in planning terms, and the relevant policies do not support any new caravan sites -Concerns regarding the visual effect of the huts. Reported that the applicant has planted trees and a hedgerow in the field adjacent to the site. - Natural Resources Wales response : no longer object following the flood report. - No other comments received.

DISCUSSED - Stated that the application is low impact and beneficial to the economy, and should be supported. - Concern noted that to permit would be contrary to caravan site policy and would set a precedent for other applications. - Site was observed from the highway, noted that it is visible. - Difference between the proposal and static caravan, and whether permission throughout the year or on a seasonal basis would be appropriate. - Colour of the huts noted and the possibility of a more suitable colour.

CONCLUSION - Members came to the conclusion that further discussion in the next committee is required.

Consultees: Responses: Bro Garmon Community Council No objection Conwy - Highways No recommendation Natural Resources Wales Objection Site: Plas yn Rhos, Rhydlanfair, Betws-y-Coed. Proposal: Retrospective application to retain change of use of land to keep 2 shepherd's huts for letting as holiday accommodation. Designations: Partially within Flood Plain Zone C2 Public Footpath runs adjacent to site Publicity Undertaken: Site Notice: Yes Press Notice: No Neighbour Letters: No Reason(s) Application Reported to Committee Scheme of Delegation 1. Councillor has requested that this be determined by the Committee as there are certain planning merits to this case that should be considered. 2. Officer recommendation contrary to Community Council comments.

Snowdonia National Park Authority – Planning & Access Committee

Date: 14/05/2014

Date Application Registered: 13/03/14 Application Number: NP4/26/80B Community: Bro Garmon Grid Reference: 283053 353883 Application Type: Full Location: Land near Plas yn Rhos, Rhydlanfair,

Betws-y-Coed. Applicant: Description: Mr. & Mrs. Richard and Hazel Barclay Plas yn Rhos Rhydlanfair Betws-y-Coed Conwy LL24 0SS

Retrospective application to retain change of use of land to keep 2 shepherd's huts for letting as holiday accommodation.

PREVIOUS REPORT

Planning History: Application No. Details Decision NP4/26/80A Conversion of redundant outbuilding into

2 holiday cottages Granted on appeal 27-09-1991

NP4/26/80 Change of use of redundant agricultural building to tow dwellings

Refused 2-07-1990

Relevant Planning Policies – Eryri Local Plan: Policy No. Policy Development Policy 1

General Development Principles

Development Policy 2

Development and the Landscape

Development Policy 22:

Chalet and Static Caravan Sites

Development Policy 23:

Touring and Camping Sites

Strategic Policy A

National Park Purposes and Sustainable Development

Strategic Policy C

Spatial Development Strategy

Assessment: The application has been submitted following a planning compliance investigation. The proposal is the use of two shepherd’s hut as holiday accommodation. The business is marketed as sustainable, luxury accommodation with a low environmental impact. One hut is used as accommodation, the other for bathroom/sauna facilities. The site is located in a corner of an agricultural enclosure, next to the access track leading to the property of Plas yn Rhos. Plas yn Rhos is a dwelling with outbuildings and a small area of woodland and agricultural land totaling approx 3 Hectares; the land is not part of an agricultural holding. The main considerations are the relevant Eryri Local Development Plan policies and the impact upon the Special Qualities of the National Park. There is no specific policy for shepherds’ huts within the Eryri Local Development Plan. The huts are on wheels and if they are moved are considered to fall under the definition of a touring caravan in planning terms. However, the huts are available for holiday accommodation all year round and do not appear to be moved and therefore could be classed as a static caravan. Policies 22 and 23 state that within the National Park, new static caravan, chalet or touring caravan sites will not be permitted. Whilst the policies provide scope for extending and upgrading existing sites, new sites are not supported under any circumstance. Given the existing numbers of static and touring caravans in the National Park, the Authority does not consider that

there is sufficient justification for any further sites due to their effect on the landscape and on the ‘Special Qualities’ of the National Park. One of the National Park’s Special Qualities is the diversity of high quality landscapes and coastal areas within a small geographic area, ranging from coast to rolling uplands to the rugged mountains. In terms of the effect of the proposal on the landscape, the site is located within rolling green farmland with medium scale fields with hedgerows, post and wire fencing and clumps of trees. Sited next to the river on the valley floor, the two huts are clearly visible from the hillside road approximately 400m to west. A public right of way runs directly past the site, resulting in the huts, any associated outdoor items such as tables, chairs etc. and parked cars being prominent to views from public vantage points. In terms of Development Policy 1 - General Development Principles – as stated above, the proposal is considered to be unduly prominent in the landscape. The proposal does not have an unacceptable adverse impact on biodiversity and will not result in the loss of any landscape features. However, there would be an unacceptable adverse impact on the quiet enjoyment of the area by the public. A public footpath passes directly in front of the site and the user’s quiet enjoyment would be affected by the holiday use. Flood risk is also an issue raised by this policy and Natural Resources Wales require a flood consequence assessment to be undertaken. Development Policy 2 - Development and the Landscape - of the Eryri Local Development Plan states that consideration should be given to any unacceptable impacts on the landscape, the scale and design of the development should respect and conserve the character of the landscape. Protection should be given to any panoramas visible from significant view points. The Welsh Government’s Technical Advice Note 13 states that holiday caravan sites can be intrusive in the landscape and that special consideration needs to be given to proposals for new sites, especially in National Parks. The site is within an area described by LANDMAP as being of ‘Moderate’ value, with attractive views of Snowdonia’s mountains and rolling green farmland with few visual detractors; and described as ‘high’ value for scenic quality. Strategic Policy A: National Park Purposes and Sustainable Development, states that the highest priority should be given to the protection and enhancement of the natural beauty, wildlife and cultural heritage. It also states inappropriate development in areas which are at risk from flooding will not be supported. Strategic Policy C, Spatial Development Strategy, outlines spatial development within the National Park. The types of development within Open Countryside do not include new holiday accommodation within the exception of conversions of rural buildings The site is not part of a viable agricultural holding and therefore should not be considered under policy Development Policy 20: Agricultural diversification.

Natural Resources Wales object to the proposal on the grounds that the site lies partially within zone C2 and state that in accordance with TAN 15 the development category is regarded as highly vulnerable. NRW state that if the Authority is minded to approve the application contrary to TAN 15, the applicant must be required to undertake a Flood Consequence assessment prior to determination of the application. Conwy Highways Authority and the Community Council raise no objections. One letter of objection has been received from the Council for Protection of Rural Wales on the basis that the site is in open countryside and unrelated to any similar development in the location. Several letters of support have been received, stating:

• Low visual and environmental impact • Sustainable building materials used for huts • Enhances visitor enjoyment of National Park • Low impact form of tourism • Tourism will contribute to local economy

In response to these comments, such issues were taken into consideration when formulating the Eryri Local Development Plan’s policies, where it was concluded that there was not sufficient justification for any further caravan sites due to their effect on the landscape and on the ‘Special Qualities’ of the National Park. The Eryri Local Development Plan’s caravan policies do not support any further new sites, regardless of economic benefits, scale and impact. It is considered that the proposal is contrary to strategic and development policies of the Eryri Local Development Plan. The proposal would have a detrimental impact upon the Special Qualities of the National Park and conflicts with the statutory purposes of the National Park, which are to conserve and enhance its natural beauty and to promote public understanding and enjoyment of its special qualities. Background Papers in Document Bundle No.1: Yes RECOMMENDATION: To REFUSE permission for the following reasons: 1. The proposal is contrary to Eryri Local Development Plan policies 22: Chalet and Static Caravan Sites and 23: Touring and Camping Sites, which state that within the National Park, new static caravan, chalet or touring caravan sites will not be permitted.

2. The proposal would have an adverse effect on the visual qualities of the landscape and would harm the special qualities of the National Park. The proposal is therefore in conflict with Eryri Local Development Plan policies A: National Park Purposes and Sustainable Development, C: Spatial

Development Strategy, 1: General Development Principles and 2: Development and the Landscape.

3. A Flood Consequence Assessment (FCA) has not been undertaken.

Rhif Eitem / Item No.

Cyfeirnod / Reference No.

Disgrifiad / Description. Swyddog Achos / Case Officer

1 NP5/57/1038A Gwella amddiffynfeydd llifogydd fel rhan o Gynllun Rheoli Llifogydd Dolgellau yn cynnwys waliau, giatiau, esgynfeydd, estyll atal, grisiau mynediad, argloddiau a thrwsio'r gweithfeydd amddiffyn rhag llifogydd presennol, Tir rhwng Parc Menter Marian Mawr a Maes Chwaraeon Ysgol y Gader ac i fyny Afon Aran, Dolgellau. / Improve flood defences as part of the Dolgellau Risk Management Scheme including walls, gates, ramps, stoplogs, access steps, embankments and repairs to existing flood defence structures, Land between Marian Mawr Enterprise Park & Ysgol y Gader Sports Ground & upstream of the Aran River, Dolgellau.

Mr. Aled Lloyd.

2 NP5/61/23P Cais i amrywio Amodau Rhif 12, 21, 22, 24, 26, 27 a 31 o Ganiatâd Cynllunio NP5/61/23L dyddiedig 17/07/2009 o "cyn i’r gwaith datblygu ddechrau" i "cyn i’r gwaith adeiladu ddechrau ac eithrio mewn cysylltiad â’r mesurau lliniaru ar gyfer ystlumod" fel y gellir rhoi Amodau Rhif 28, 29 a 30 ar waith i hwyluso’r gwaith o ddymchwel yr adeilad gwesty presennol, Gwesty St. David's & Neuadd Breswyl Coleg Harlech, Harlech. / Application to vary Condition Nos. 12, 21, 22, 24, 26, 27, and 31 of Planning Consent NP5/61/23L dated 17/07/2009 from “prior to development commencing” to “prior to construction commencing other than in connection with bat mitigation” to enable the implementation of Condition Nos. 28, 29 and 30 to facilitate the demolition of the existing hotel building, St. David's Hotel, & Coleg Harlech Hall of Residence, Harlech.

Mr. Richard Thomas.

3 NP5/65/279B Adeiladu adeilad amaethyddol, Tir ger yr A470(T), Maes Mawr, Llanelltyd. / Construction of agricultural building, Land adjoining the A470(T), Maes Mawr, Llanelltyd.

Mr. Huw Roberts

4 NP5/65/318 Cynllun trydan dŵr arfaethedig yn cynnwys adeiladu adeilad tyrbin, ailwampio argae presennol a gosod pibell ar y ddaear, peipen "tailrace" dan y ddaear ac arllwysfa ar rhan isa'r safle, Afon Cwm Mynach, Cwm Mynach, Bontddu. / Proposed hydro-electric scheme including construction of turbine house, refurbishment of existing weir, installation of above ground pipe and underground tailrace pipe and outfall on lower part of site, Afon Cwm Mynach, Cwm Mynach, Bontddu.

Mr. Huw Roberts.

5 NP5/78/490 Creu 11 pwll mewn perthynas a cynllun “Perlau Mewn Perygl”, Hen Blanhigfa Brynteg, Bronaber, Trawsfynydd. / Formation of 11 ponds in connection with “Pearls in Peril” project, Former Brynteg Plantation, Bronaber, Trawsfynydd.

Mr. Aled Lloyd.

6 Rhestr Achosion Cydymffurfiaeth. / List of Compliance Cases.

7 Apêliadau. / Appeals. 8 Cytundebau Adran 106. / Section 106

Agreements.

9 Ceisiadau na phenderfynwyd arnynt ers 13 wythnos. / Outstanding applications where more than 13 weeks have elapsed.

10 Adroddiad yr Adran Bolisi ar yr ymgynghoriadau a ddaeth i law. / Policy Section Report of consultations received.

Consultees: Responses: Dolgellau Town Council Comments Gwynedd Council - Highways Comments Gwynedd Council – Flood & costal management

Views awaited

North Wales Fire & Rescue Views awaited Natural Recourses Wales Comments /observations Welsh Water Recommend Condition Cadw Comments Site: The application includes some 330 metres alongside lower Afon Arran, the south bank of the Afon Wnion, and adjacent land from the Recreation Ground to the Marian Mawr Industrial Estate. Proposal Improvements to flood defences, including walls, gates, ramps, stoplogs, access steps, embankments, repair to existing defences and reconstruction of a section of y Bont Fawr parapet. (Listed, Grade II). “New concrete floodwalls” are proposed to defend the Marian Mawr Industrial Estate, the Welsh Water site next to the car park, the Marian Mawr Recreation Ground, Bont Fawr Car Park (to be built behind the existing masonry wall), Marian Bach Park, the Leisure Centre, the Builders’ Merchants, the Fire Station, Aran Road Recreation Ground and Aran Road Garage.

Snowdonia National Park Authority – Planning & Access Committee

Date: 18/06/2014

Date Application Registered: 17/04/2014 Application Number: NP5/57/1038A Community: Dolgellau Grid Reference: 272574 317879 Application Type: Full Location: Land between Marian Mawr Enterprise Park

& Ysgol y Gader Sports Ground & upstream of the Aran River, Dolgellau.

Applicant: Description: Mr. John Davies Natural Resources Wales Chester Road, Buckley, Flintshire, CH7 3AJ

Improve flood defences as part of the Dolgellau Risk Management Scheme including walls, gates, ramps, stoplogs, access steps, embankments and repairs to existing flood defence structures.

A “new floodwall” is proposed for the cemetery. New floodgates are proposed at entrances to the industrial estate, the Welsh Water compound, Marian Mawr Recreation Ground, the Fire Station (river bank) and Aran Road Recreation Ground. New stoplogs are proposed at the Bont Fawr Car Parkland at the south bank by y Bont Fawr. New ramps are proposed at the riverside access to the Fire Station and on Marian Road. Part of the Mawddach Trail would be raised. Existing defences would be repaired and improved along the Afon Arran, including raising the wall alongside the Council Yard. A significant number of trees are proposed for “clearance”. A re-planting scheme has been submitted as part of the proposal. The proposed development is intended to reduce the risks of river flooding to Dolgellau. The application is supported by a “Design and Access Statement, Incorporating Planning Statement”. The ownership certificate for the application lists 47 landowners. Some are corporate. Designations: Part of the site is within Dolgellau Conservation Area Publicity Undertaken: Site Notice: Yes Press Notice: Yes Neighbour Letters: No Reason(s) Application Reported to Committee Scheme of Delegation Major Development Planning History Application No Details Decision NP5/57/1038 Relevant Correspondence from 2011 up to

the submission of this application.

Relevant Planning Policies: Eryri Local Development Plan 2011 Policy No Policy 1 General Development Principles 2 Development and the Landscape 5 Open Space and Green Wedge 6 Sustainable Design and Materials 7 Listed and Traditional Buildings 8 Protection of Non-Designated Sites 21 Tourism and Recreation A National Park Purposes and Sustainable Development D Natural Environment

DD Climate Change Ff Historic Environment Ng Community Service and Facilities I Tourism L Accessibility and Transport The “Environmental Report” The application is supported by an “Environmental Report”. This is described as “a non-statutory Environmental Assessment for the Dolgellau Flood Risk Management Scheme”. Copies of the Non-Technical Summary are included in the Document Bundle. The Environmental Report includes and Invasive Species Management Plan, together with technical appendices. Following a screening assessment it is not considered that the scheme requires an Environmental Impact Assessment. Consultations Full consultation on the application has been undertaken with site notices and a press notice. The following is a summary of comments received from public bodies. Dolgellau Town Council (1) Decision should be made by a Committee of the National Park Authority (2) Comments on the merits of the application will be sent on 27 May 2014. CADW – No objection. Gwynedd Council – No objection Authority Ecologist – Awaiting Comments Authority Trees officer - Concerns Natural Resources Wales – Comments received Other Comments Received The proposal was advertised by press and site notices as “Major development partly within a Conservation Area”. No objections have been received.

Treftadaeth Dolgellau Heritage “remain unconvinced that this solution represents the most holistic approach to resolving the flood management issues facing Dolgellau in the long term”. Report The application has been subject to numerous pre-application meetings including site visits in which all aspects of the proposal was discussed and this application has followed on from those discussions. Natural Recourses Wales have engaged with the community of Dolgellau including meeting with Gwynedd Council, Cyngor Tref Dolgellau, Trustees of the Marian, NFU, Dolgellau Angling Association and Dolgellau Partnership Park Committee. In additional a Public drop-in session and a stakeholder workshop and consultation with affected landowners has been carried out. This is a major application to reduce flood risk in Dolgellau. The town is at risk from fluvial (river) flooding from the Afon Wnion and Afon Aran. The purpose of the proposed Dolgellau Flood Risk Management Scheme (FRMS) is to improve the standard of flood protection to 182 residential properties and 128 commercial businesses that currently have a 1 in 150 chance of flooding in any given year (0.67% annual probability of occurrence). The proposal is to construct new flood defence walls and embankments

• Along the northern boundary of the industrial estate; • along the cemetery boundary to the south side of Parc Menter road; • along the northern boundary of Bont Mawr car park; • along the northern edge of the Marian Bach park; • along some sections of the Afon Aran; • along the leisure centre and fire station; • along the southern edge of the Aran Road/Ysgol y Gader sports field; and • along a portion of the northern boundary of Gwyndaf Evans’ garage on Aran

Road. Concern has been raised by the Authority’s forestry officer on the loss of tress, and the type of species being proposed as part of a re-planting scheme. Officers are discussing this concern with NRW. It is considered that owing to the nature of the proposal and the fact that it is classed as a major development in one of the main towns of the National Park it would be beneficial for Members of this Committee to visit the site. The site visit will give members a clearer overview of the proposal. It is anticipated that a full report can be presented to members during the July Committee. Background Papers in Document Bundle No.1: Yes RECOMMENDATION: For Members to visit the site in advance of a detailed report and recommendation

Consultees: Responses: Harlech Community Council No objections Cadw No objections Natural Resources Wales Views awaited Site: St. David’s Hotel, Harlech. Proposal: Variation of conditions attached to planning approval NP5/61/23L dated 17/07/2009 from ‘prior to development commencing’ to ‘prior to construction commencing other than in connection with the bat mitigation’ to enable the implementation of the bat mitigation measures to facilitate the demolition of the existing hotel building. Designations: Within World Heritage Site Essential Setting Adjacent to Conservation Area Adjacent to SSSI Adjacent to SAC Listed Buildings in close proximity Publicity Undertaken: Site Notice: Yes Press Notice: No Neighbour Letters: Yes

Snowdonia National Park Authority – Planning & Access Committee

Date: 18/06/2014

Date Application Registered: 07/05/14 Application Number: NP5/61/23P Community: Harlech Grid Reference: 257783 330671 Application Type: Variation of a condition Location: St. David's Hotel, & Coleg Harlech Hall of

Residence, Harlech. Applicant: Description: Aitchison Associates Suite 41-42, Victoria House, 26 Main Street, Gibraltar.

Application to vary Condition Nos. 12, 21, 22, 24, 26, 27, and 31 of Planning Consent NP5/61/23L dated 17/07/2009 from “prior to development commencing” to “prior to construction commencing other than in connection with bat mitigation” to enable the implementation of Condition Nos. 28, 29 and 30 to facilitate the demolition of the existing hotel building.

Reason(s) Application Reported To Committee Scheme of Delegation Director of Planning and Cultural Heritage considers that the matter ought to more properly be referred to the Planning and Access Committee for determination. Relevant Planning History: Application No. Details Decision NP5/61/23L Demolition of hotel and college hall of

residence and construction of 130 bedroom hotel and 76 holiday apartments, new internal road layout, landscaping and associated engineering works

Approved 2009

NP5/61/CA23M Conservation Area consent for demolition of college halls of residence

Approved 2009

Relevant Planning Policies: N/A Assessment: This application refers to the proposed scheme to redevelop the St. David’s Hotel, Harlech and adjacent College Halls of Residence. Planning approval was granted in 2009 for the demolition of the existing buildings and erection of a new 130 bedroomed hotel and 76 holiday apartments. Since that time the hotel has remained empty with no development taking place, as a result the building has deteriorated and has been subject to vandalism. The building is now in a very poor state and is becoming a visual eyesore detracting from the area’s natural beauty. The extant permission expires on 17 July 2014. In response to the poor state of the existing building this Authority and Gwynedd Council have received complaints from local residents and businesses as to the negative impact on the visual qualities of the area and to local businesses. Unfortunately the powers available to this Authority have not proved strong enough to direct the demolition of the building. However, officers of the Authority have entered discussions with the owners with the aim of progressing the development. The results of those discussions are this application which will enable the demolition of the current hotel building. Attached to the extant permission are a series of pre-commencement conditions which would have to be complied with prior to the current owners demolishing the building. Given that the extant permission expires on 17 July 2014 the owners have not given themselves sufficient time to discharge the pre-commencement conditions in advance of demolishing the building.

In addition to the pre-commencement conditions there is a requirement for the developers to build a bat barn on the site to accommodate a colony of bats that have been identified in the building. In order to comply with regulations the developers must first submit the details of the bat barn and other protected species mitigation measures to Natural Resources Wales and obtain a Welsh Government licence. These details are currently being addressed in consultation with this Authority’s ecologist and should be completed prior to the 17 July deadline. What this application is proposing is in effect delaying the submission of certain details from a requirement to submit them to this Authority prior to any works being undertaken (including the erection of the bat barn and demolition of the building) to a requirement to submit the details prior to the commencement of the construction phase of the new hotel. The conditions in question are:

Condition Details 12 Scheme of landscaping 21 Surface water disposal 22 Installation of oil and petrol separators 24 Integrated drainage of the site 26 Eradication of Japanese knotweed 27 Eradication of Japanese knotweed 31 Programme of archaeological works

As can be seen from the table above most of the conditions involved are concerned with the detailed design stage of the new hotel would not necessarily be required to be discharged for the demolition of the existing building. There was some question over the eradication of the Japanese Knotweed but other regulations over safe disposal if it is disturbed will ensure that it is contained. In approving this application the requirement for the developer to comply with these conditions has not been discharged but delayed until such time as the detailed design stage of the new hotel. Importantly the developer will be able to build the bat barn in advance of demolition of the existing hotel. Consequently the recommendation is to approve this application. Background Papers in Document Bundle No.1: No RECOMMENDATION: APPROVE

Consultees: Responses: Llanelltyd Community Council Support Welsh Government Transport Defer pending further

information Natural Resources Wales No objection Site: Traditional stone/sheeted building set adjacent and below A470 overlooking valley floor and Afon Mawddach. New access, retaining walls and embankment formed as part of Welsh Assembly Government Trunk Road Scheme at Gelligemlyn. Proposal: Proposal is to erect an agricultural building measuring 6.6 metres x 18.2 metres finished in grey sheeting. Designations: Outside Housing Development Boundary Part of site within Flood Plain Zone C2 Publicity Undertaken: Site Notice: Yes Press Notice: No Neighbour Letters: No Reason(s) Application Report to Committee Scheme of Delegation Community Council Supporting

Snowdonia National Park Authority – Planning & Access Committee

Date: 18/06/2014

Date Application Registered: 19/03/14 Application Number: NP5/65/279B Community: Llanelltyd Grid Reference: 272669 321081 Application Type: Full Location: Land adjoining the A470(T), Maes Mawr,

Llanelltyd. Applicant: Description: Mr. Kevin Davies Dolfeili, Rhydymain, Dolgellau, LL402BB

Construction of agricultural building.

Planning History: Application No. Details Decision NP5/65/179 Formation of new access Approved 26/02/09 NP5/65/279A Retrospective application for

engineering works Withdrawn18/05/12

NP5/65/274 Conversion of barn to holiday accommodation

Refused 20/06/07

NP5/65/274A Conversion of barn to holiday accommodation

Refused 14/11/07

Relevant Planning Policies – Eryri Local Development Plan: Policy No. Policy 1 General Development Principles 2 Development and Landscape 7 Listed and Traditional Buildings 9 Conversion and Change of Use of Rural Buildings Assessment: Proposal is to erect a small agricultural building to facilitate stock during harsh weather and flooding of the fields and for storage of farm equipment, machinery and fodder. There is no objection in principle to the design and layout of the building which is seen in conjunction with existing barn and backdrop of trees. The size of the holding is approx. 6 hectares and leased on a tenancy agreement ending in April 2023. Initially some concerns were raised over its justification as the existing building would appear to meet the needs of the holding. However further information has been supplied in respect of stocking levels and need and has been assessed by our Agricultural Liaison Officer who has confirmed size of the building is acceptable. Committee should be aware that planning permission was refused for the conversion of this traditional barn into holiday accommodation on the 14th November 2007 on grounds of access and loss of breeding owls. Since then a new access has been formed as part of the trunk road scheme and due to the road works the barn owls have relocated elsewhere. Our Ecologist has raised concerns that the erection of the new shed may discourage the barn owls to return and breed as they are afforded special protection under the Wildlife and Countryside Act 1981 (as amended). It should be noted that some mitigation work has been done with the erection of a new breeding barn owl box in the existing barn.

The Welsh Government Transport Department have directed the application remains pending until such time as further information has been supplied. Whilst Development Policy 9 requires that conversions should not displace an existing use which requires the construction of an alternative building to enable it to continue, it should be noted there is no planning application presently before the Authority for the conversion of this traditional building and with the tenancy agreement lasting until 2023 this is unlikely to be an issue. Subject to comments from the Transport Department they are happy with the information presented by the applicant (comments attached in Committee bundle) I would recommend approval. Background Papers in Document Bundle No.: Yes RECOMMENDATION: To authorise the Director of Planning and Cultural Heritage to determine the application subject to receipt of further information requested from Welsh Government Transport Dept.

Consultees: Responses: Llanelltyd Community Council Support Natural Resources Wales Views awaited Site: The site for the proposed development comprises approx. an 800m extent which runs north to south within a steep wooded valley. The valley is located on the north side of the Afon Mawddach estuary. The development is focused on the west side of the valley within an area of oak woodland adjacent to Afon Cwm Mynach. The diverted water flow will be transported along a pipeline to a turbine house at the southern end of the site within the contains of Borth Farm which is set back from the A496 road. From the intake the pipeline will initially follow the route of an existing lead before joining the public footpath, which it follows south towards Borth Farm. At the southern extent of the site the pipeline breaks away from the line of the footpath and passes down a steep slope, through an area of woodland. Proposal: The proposal is to construct a micro hydro scheme on Afon Cwm Mynach which will be rated at 100kw. The proposal incorporates a small turbine house (5m x 5m) located into the embankment adjacent to new shed and footpaths finished in timber with a grass roof.

Snowdonia National Park Authority – Planning & Access Committee

Date: 18/06/2014

Date Application Registered: 15/04/14 Application Number: NP5/65/318 Community: Llanelltyd Grid Reference: 268801 319557 Application Type: Full Location: Afon Cwm Mynach, Cwm Mynach, Bontddu. Applicant: Description: Mr. Jon Needle Trydafon Ltd. Fern Lodge, 117 Hazelwood Road, Duffield, Belper, Derbyshire, DE56 4AA

Proposed hydro-electric scheme including construction of turbine house, refurbishment of existing weir, installation of above ground pipe and underground tailrace pipe and outfall on lower part of site.

It is proposed to rebuild the intake with reinforced concrete which will be cladded in stone. The penstock (pipeline) would be approximately 850m long and made up of welded polythene which is located both above and underground. Engineering works also incorporate cutting a bench to the side of the track in order to facilitate the pipe and to construct a new track approx. 100m in length in order to allow construction machinery to pass. Designations: Special Area of Conservation (SAC) Non-designated site Part of site within Flood Plain Zone C2 Publicity Undertaken: Site Notice: Yes Press Notice: No Neighbour Letters: Yes Reason(s) Application Reported to Committee Scheme of Delegation Community Council Support Planning History: No relevant history. Relevant Planning Policies – Eryri Local Development Plan: Policy No. Policy 1 General Development Principles 2 Development and Landscape D Natural Environment A National Park Purposes and Sustainable Development 3 Energy 6 Sustainable Design and Materials 8 Protection of non-designated sites Assessment: The site is located in a sensitive area along the Afon Cwm Mynach valley which is designated a Special Area of Conservation (SAC). The pipeline runs within a steep wooded valley and adjacent to the site is a designated Meirionnydd Oakwood and Bat Site SAC and an RSPB reserve. Pre-application discussions were held with officers who expressed considerable concerns in respect of the scheme due to its affect on woodland and ecological interest within the valley. There is a redundant hydro scheme at the site and it is proposed to utilize part of the pipeline along the existing leat and to install pipe along a footpath and woodland.

The nearest residential property to the turbine house is some 25 metres away and I am awaiting observations from the Environmental Health Officer in respect of noise levels but generally standard conditions are attached to ensure building is adequately designed to counter act any noise levels. The Authority has received 5 letters of objection together with objections from the Snowdonia Society and Royal Society for the Protection of Birds (RSPB). All letters are contained within the Committee bundle but a summary of the objections is detailed as follows: 1) Adverse effect on visual amenities, the valley is used by many walkers in this area who utilize the path for which the pipeline is to be layed. Concerns over the overgrounding of the pipes and visual impact of dam/intake when seen from footpath and the New Precipise Walk. 2) Detrimental impact on the wildlife, historical interest and biodiversity. 3) Should utilize existing leat only. 4) Traffic implications. 5) Damage and loss of trees. Officers of the National Park (Planning, Forestry and Ecology) would generally concur with the issues raised. As part of the application detailed Arboricultural Assessment and Bryophite Surveys have been submitted. Our Forestry Officer however has recommended the application be refused due to lack of clear engineering information as well as the negative effect of the proposed development on the trees along the route of the penstock. In order to alleviate loss of trees the penstock would have to be located above ground and pipe with a diameter of 500mm in my opinion would have a detrimental impact on the visual amenities of this area (plans submitted are not clear which sections are now to be located above ground level). Our Ecology Officer along with the RSPB have given a detailed report on its adverse effect on the fauna and flora of the area (bryosphite site, damage to old sessile oakwoods and bats). It is difficult to envisage from the Construction Methodology Report that to facilitate a working corridor with machinery which entails benching, a new access track would not adversely affect the oak woodland. It appears there are discrepancies in the Environmental Report and supporting documents, meaning that based on the information available it is not possible to conclude there will be no adverse effects on the integrity of the SAC which is rich in bryophyte flora and of national/international importance together with damage to lichen and bird species listed in Section 42 of the NERC Act.

Natural Resources Wales observations are awaited at time of writing report and will be reported at the meeting. The application as submitted is contrary to policies mentioned in reasons for refusal below. Background Papers in Document Bundle No.1: Yes RECOMMENDATION: To REFUSE this application for the following reasons: 1. Insufficient information has been supplied to ensure the proposal would not adversely affect the National Park's biodiversity resources including designated sites from international through to local levels. The proposal is therefore contrary to policies D - Natural Environment, A - National Park Purposes and Sustainable Development of the Eryri Local Development Plan which seek to conserve and enhance the characteristic biodiversity of Snowdonia and seeks to give the highest priority to the protection and enhancement of the natural beauty, wildlife and cultural heritage.

2. The engineering works to facilitate this development would lead to damage and loss of mature trees contrary to Development Policy 1of the Eryri Local Development Plan which seeks to ensure development does not result in the loss of landscape features.

3. The siting of a concrete intake and overgrounding of 500mm pipe is likely to have an adverse impact on the visual amenities of this area and is therefore contrary to policies 1, 2 and A of the Eryri Local Development Plan which seeks to ensure development is unduly prominent in the landscape and that the scale and design should respect and conserve the character of the landscape.

Consultees: Responses: Trawsfynydd Community Council Support Natural Resources Wales No objection Gwynedd – Coastal Flood Defence Unit No objection, relevant consent

issued Site: Former Brynteg Plantation, Bronaber, Trawsfynydd. Proposal: Formation of 11 ponds in connection with “Pearls in Peril” project. Designations: Part of site close to SSSI, SAC and within C2 floor risk area. Publicity Undertaken: Site Notice: Yes Press Notice: N/A Neighbour Letters: Yes Reason(s) Application Reported to Committee Scheme of Delegation The director of Planning and Cultural Heritage considers the matter ought more properly be referred to the Planning and Access Committee for decision. Planning History: None

Snowdonia National Park Authority – Planning & Access Committee

Date: 18/06/2014

Date Application Registered: 16/05/14 Application Number: NP5/78/490 Community: Trawsfynydd Grid Reference: 270047 332034 Application Type: Full Location: Former Brynteg Plantation, Bronaber,

Trawsfynydd. Applicant: Description: Cyfoeth Naturiol Cymru, Perlau Mewn Perygl, Swyddfeydd Awdurdod Parc Cenedlaethol Eryri, Penrhyndeudraeth, Gwynedd, LL48 6LF

Formation of 11 ponds in connection with “Pearls in Peril” project.

Relevant Planning Policies – Eryri Local Plan: Policy No. Policy

A National park Purposes and Sustainable Development 1 General development principles D Natural Environment

Assessment: Site is a 88ha former woodland block known as ‘Coed Brynteg’ which is located at Bronaber near Trawsfynydd. The site borders with the Afon Eden which is designated as a SAC and SSSI. All the conifer trees has been harvested and the area is currently degraded with a mosaic of remnant habitats which have been badly damaged by past forestry operations (mainly drainage activities). Site would now be characterised as regenerating mixed woodland habitat. The site has been identified as a major source of anthropogenic phosphate which is affecting the Afon Eden SAC. The site is dominated by peat soil and there is substantial evidence that former forestry sites planted on peat soil has poor retention of phosphates once the timber has been removed. The aim of this proposal is to improve the hydrology of the site and reduce the amount of sediment and phosphate that enters the Afon Eden. This is to be achieved through the creation of dams at staged intervals within the existing man made ditches and through the creation of 11 settlement ponds along the natural watercourses. The proposal is part of the 'Pearls in Peril' - LIFE + NATURE project co-funded by 14 organisations across Scotland, England and Wales. This nationwide project aims to safeguard important populations of freshwater pearl mussel (Margaritifera margaritifera). The project involves the implementation of a wide range of conservation measures in key river systems including the Eden in Snowdonia. Plans show the installation of 11 ponds at various locations adjacent to existing river courses. The ponds will have a regular square form; this is required to prevent system short circuiting of flow so that the full area of the treatment system is active and being fully utilised.

The ponds will vary in size as shown in the table below.

Pond dimension (Meter) 

Bunding width (Meter) 

Total Dimensions(Meter) 

Total area of pond (Square Meter)  

Total area of pond and bunds (Square Meter) 

A  66  6 72 4,377 5,207 B  43  6 49 1,843 2,394 C  36  6 42 1,267 1,731 D  30  6 36 922 1,322 E  21  6 27 461 755 F  11  6 17 115 280 G  57  6 63 3,225 3,943 H  43  6 49 1,843 2,394 I  48  6 54 2,304 2,916 J  36  6 42 1,267 1,731 K  16  6 22 250 475 

Drawings supplied with the application shows cross sections of all of the proposed ponds. These indicate that the ponds will be broken up into five equal linear sections with three deeper sections intersected by two shallow sections. The shallow zones will be planted with emergent wetland macrophyte species, which the consultants believe will remove the visual perception of open standing water. A bund will surround the ponds which are shown on the cross section diagrams as having a maximum height of 1m and a width of 3m. A total area of 23,147m2 (2.3 ha) is proposed to be submerged. The applicant states that the scale of proposal will result in the minimum of aftercare and maintenance. Further information on the technical specification of the ponds can be found in the document bundle. Method statements have been provided for the ditch blocking, and the settlement ponds. The requirement of the ponds to be square was questioned with the applicant. Technical Memorandum prepared by CELW Ltd dated 02.05.14 states that while it would be possible to create a more regular shaped natural looking system this would increase the size of the ponds and may affect the hydraulic efficiency of the system.

The total area of pond coverage is significant with the largest pond covering an area of 5,207 square meters, down to the smallest which will cover an area of 280. (full details are shown in the table above) It is not considered that the proposal will have any significant adverse affect on the characteristic biodiversity of the site, the aim of the project is to improve the hydrology of the area and the water entering the Afon Eden. The aim of the project is to enhance the area in the long term. Ecological surveys have been prepared by the applicant including method statements with regard to the ditch blocking and the settlement ponds. The applicant has also indicated that they will undertake a HRA screening prior to the commencement of the proposed development. The proposal will not lead to the loss of important landscape features, the site is currently regenerating following clear felling and therefore has quite a low ecological value. The proposal aim to improve the ecology of the site and transform it to being a woodland /wetland habitat The applicant has been approach to provide visual representation of the proposal as the scale of the project is vast and will cover a significant area that will at least in the short term change the appearance of the site. Proposal conforms with Stategic policy A: National Park Purposes and sustainable development in that it aims to conserve and enhance the characteristic biodiversity of Snowdonia. Background Papers in Document Bundle No.1: Yes RECOMMENDATION: To authorise the Director of Planning and Cultural Heritage to determine the application subject to appropriate conditions following the submission of visual representation.

SNOWDONIA NATIONAL PARK AUTHORITY

PLANNING AND ACCESS COMMITTEE, 18TH JUNE 2014

LIST OF COMPLIANCE CASES

ENFORCEMENT NOTICES & LISTED BUILDING ENFORCEMENT NOTICES SERVED UNDER DELEGATED POWERS

Reference Date Served

Location of Site Details of Planning Breach Date Notice

Takes effect Period of Compliance

NP5/77/ENFLB250

07/05/2014 Land at Gelli Grin, Maentwrog, Gwynedd, LL41 4HY

Without listed building consent, the construction of a single storey conservatory extension to the south facing elevation.

11th June 2014 3 months

SNOWDONIA NATIONAL PARK AUTHORITY

PLANNING AND ACCESS COMMITTEE, 18TH JUNE 2014

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

1 NP4/25/ENFAD6 May 2014 Ffin y Parc Country House & Gallery, Betws Road, Llanrwst

Advertisement Banners Contact being made with the owner. Appears the advertisements are situated within the National Park & Conwy County Borough Council. Currently working in conjunction with one another to resolve the issue.

2 NP4/26/ENF288 May 2014 Conwy Falls Restaurant & Café, Betws y Coed

Use of Basement as Bike Repair Shop & Siting of Shipping Container in Car Park

Site meeting held with the owner. Awaiting the submission of a retrospective planning application.

3

NP4/26/ENFAD303A May 2014 Plas Tirion, Betws Road, Llanrwst

Advertisement Banner Contact currently being made with the owner of the advertisement.

4 NP5/57/ENF1081 May 2014 Coed Derwas, Islawrdref, Dolgellau

Use of land for the storage of waste/scrap materials

Written to the owner/occupier of the land and advised all waste/scrap material to be cleared by the 20th June 2014.

5

NP5/60/ENF87C May 2014 Land South of Dolfrwynog, Llanfachreth, Dolgellau

Excavation Works and Erection of a Timber Building

Contact currently being made with the owner of the land.

6

NP5/66/ENF243 May 2014 Land Near Bryn Golau, Llanfair, Harlech

Formation of Access onto Highway

Contact currently being made with the owner of the land.

7 NP5/75/ENFL145A May 2014 Capel y Bryniau, Pennal Possible Breach of Condition of Planning Consent NP5/75/L145A relating to works to the roof of the building.

Site visit carried out where it was noted only internal works were taking place. No alterations had been made to the roof. No breach found.

8

NP5/78/ENF492 May 2014 Ty Llwyd Farm, Trawsfynydd Demolition of Buildings Contact made with the owner and a site meeting has been arranged for the 6th June 2014.

Referred to Legal

9 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) Bat Survey carried out. Bats present and owner has been advised to apply for a licence from Natural Recourses Wales to carry out the works. Licence required by the 1 September 2013 Case heard by the Magistrates Court on the 17th February 2014, when the defendant pleaded not guilty. Trial to be held on the 11th

June 2014. Alterations to the roof have now been carried out.

10

NP5/71/ENFLB March 2014 Ty’n y Ffridd, Llanuwchllyn Unauthorised Works and Partial Demolition of a Listed Building

Appeal dismissed March 2014. Listed Building Enforcement Notice currently being drafted. Matter also referred to the Authority’s Solicitor.

11 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. Site visit undertaken on the 23rd January 2014 where the workshop was measured and it was noted that no works had been carried out to reduce the height. Injunction procedure commenced. Matter referred to the Authority’s Solicitor. Further site visit undertaken 6 June 2014. Appears the workshop has been reduced in height.

Awaiting the Submission of an Application

Retrospective Application Submitted

12 NP5/78/ENF489 April 2014 Cwrt Forest Block, Coed y Brenin, Trawsfynydd

Forestry Tracks and Extraction Point to Obtain Stone for the Tracks

A Notice of Intention was originally submitted for the proposed tracks. However these tracks have not been constructed in accordance with the agreed details and therefore planning permission is now required for the tracks. It appears works on the extraction point were carried out before the Notice of Intention was submitted and agreed, and therefore it is considered planning permission is also required for this development. Currently awaiting the submission of a retrospective planning application in an attempt to regularise the development.

13 NP4/11/ENF173C April 2014 Bod Afon, Betws y Coed Roof Extension/Alteration

Site visit carried out on the 16th April. Appears planning permission is required for the alterations. Retrospective planning application received.

14

NP5/50/ENF362B March 2014 Foel y Graig, Aberdyfi Works to Holiday Accommodation not in Accordance with the Approved Plans

Retrospective planning application received.

15

NP5/50/ENF592 April 2014 Housing Development at Hildamere, Aberdyfi

Balcony not in accordance with the Approved Plans

Site meeting held with the builders on the 17th April 2014. The balcony is partly built but does not accord with the approved plans. Retrospective planning application received.

16

NP5/58/ENF16Y 2012

Land adjacent Streamside House, Dyffryn Ardudwy

Erection of Chicken and Wood Shed

Retrospective planning application received.

17

NP5/70/ENF41U March 2014 Penygarth Lodge Park, Rhosygwalia, Bala

Engineering Operations and Creation of Pond

Retrospective planning application received but currently incomplete.

18

NP5/74/ENF428 Feb 2014 Coed Cae, Llanymawddwy, Dinas Mawddwy

Agricultural Building Retrospective planning application received but currently incomplete.

Awaiting further Information or Replies to a Planning Contravention Notice or a Section 330 Notice

19 NP4/16/ENF130D April 2013 Plas Hall Hotel, Pont y Pant, Dolwyddelan

Alleged Change of Use to a House in Multiple Occupation/Hostel Accommodation

Requisition of Information served under Section 330 of the Town and Country Planning Act 1990, on owners of the property. Response received. Expediency report now being drafted with a view of initiating formal action.

20

NP5/57/ENF1030 June 2013 Workshop, Glyndwr Street, Dolgellau

Untidy/Poor Condition of Building

Meeting arranged with Building Control, Public Protection & Highways of Gwynedd Council to discuss options on how to resolve the matter.

21 NP5/61/ENF23P June 2013 St. Davids Hotel, Harlech Untidy Condition of Building

Negotiations ongoing to reach an acceptable solution.

22

NP5/77/ENF115E March 2014 Land Near Ty Newydd, Llandecwyn, Talsarnau

Residential Caravan Contact currently being made with the owner/occupier of the land. Awaiting a response.

Cases where formal action is being considered/has been taken.

23

NP5/55/ENF110 2012 Former TTP Site, Bryncrug Sub-division of Building and Possible Change of Use for Car Sales/Repairs

Awaiting the submission of a certificate of lawfulness in respect to the use of the land. Currently liaising with the owners Solicitors in respect to the proposed application. Deadline given for significant progress by the 28th March

2014. No response received despite sending a reminder. Expediency report now being drafted with a view of initiating formal action.

24

NP5/58/ENF380 2010 Land adjacent to The Barns, Ffordd Tyddyn y Felin, Talybont

Caravans and erection of fencing

Recent monitoring of the site in 2014 suggests some of the requirements of the Enforcement Notice are still not been complied with and that the current use exceeds any permitted development rights. A joint site visit with Gwynedd Council will hopefully have taken place by the date of the meeting. Members will be updated at this time.

25 NP5/78/ENFL338B 2013 Tegfan, Fronwnion Terrace, Trawsfynydd

Works not in Accordance with the Approved Plans

Planning permission conditionally granted for the change of use from a shop to additional living accommodation. Apparent that works are not in accordance with the approved plans. Contact made with owner to comply with the approved plans but no remedial works have taken place. Recent information received to confirm the recent change of ownership of the property. Contact currently being made with the new owner.

Monitoring

26

NP4/12/ENF36G 2008 Gerlan Farm, Rowen Untidy Land & Erection of an Agricultural Building

Monitoring of the site is being taken on a six to eight weekly basis. Contact has been made with Natural Resources Wales, Conwy County Borough Council and Animal Health regarding the land. Currently awaiting responses before determining whether it is feasible to set up a multi agency meeting.

27

NP5/70/ENF117B Feb 2014 Land to the Rear of Plas Onn, Llangower, Bala

Engineering Works, Container & Erection of Outbuildings

Site meeting held with the owner of the land. Further negotiations ongoing.

28

NP5/71/ENF436 Feb 2014 Ysgol O M Edwards, Llanuwchllyn, Bala

Siting of Containers Containers removed. File closed.

Listed Building Cases

29 NP3/10/ENFLB33C August 2013 Barn at Pen y Bryn, Abergwyngregyn

Unauthorised Works to a Grade II * Listed Building

Site meeting held with the owner. Owner has intimated that they will carry out remedial works to rectify the matter and some of these works have already been undertaken. Discussions still ongoing. Waiting for relevant applications to be submitted.

30

NP5/52/ENFLB155A Oct 2013 Arthog Hall, Arthog Possible Unauthorised Internal and External Works to a Listed Building Awaiting the submission of a Listed Building Consent application.

Site meeting held on the 8th November 2013. Majority of the works/repairs undertaken have been on a like for like basis.

31

NP5/53/ENFLB18 April 2014 Henblas Garage, 26 Y Stryd Fawr, Bala

Installation of uPVC Windows in a Listed Building

Contact currently being made with the owner/occupier of the building. Response received. Negotiations ongoing.

32 NP5/72/ENFLB92A Feb 2014 Rafel, Parc, Bala Unauthorised Works to a Listed Building

Contact made with the owner/occupier. Site meeting held at the end of April 2014. Owner to submit a Listed Building Consent application in an attempt to regularise the unauthorised works.

33

NP5/77/ENFLB250 July 2013 Gelli Grin, Maentwrog uPVC Conservatory Listed Building Enforcement Notice served.

SNOWDONIA NATIONAL PARK AUTHORITY

PLANNING AND ACCESS COMMITTEE, 18 JUNE 2014

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

No. Application No. Description

Procedure/Status Case Officer

1 NP4/19/77B Appeal against refusal to grant Planning Consent for two storey side extension, 1 Bron Heulog Cottages, Llechwedd.

Written representations. Decision expected mid July 2014

Mr Richard Thomas

2 NP5/58/18U Appeal against refusal to remove of Condition 8 on Planning Permission NP5/58/81R to allow all year round holiday use of 5 lodge style units, Barmouth Bay Holiday Village, Ffordd Glan-Môr, Talybont.

Written representations. Decision expected mid July 2014.

Mrs Rebeca Jones

3 NP5/65/L302B

Appeal against refusal to grant Planning Consent for conversion and extension of disused barn to short term holiday let, installation of 1300 litre oil tank and 2878 litre septic tank, Beudy Pella, Bontddu.

Hearing held 14th May 2014. Decision expected mid July 2014.

Mr Richard Thomas

4 NP5/74/81G Appeal against the Authority’s decision to refuse to remove Section 106 Agreement dated 08/06/2006, Plot 1, Cae Bach, Llanymawddwy.

Written representations. Decision expected beginning July 2014.

Mr Richard Thomas

5 NP5/78/305C Appeal against the Authority’s decision to refuse to remove Section 106 Agreement dated 15/01/2003, Pantglas Bach, Abergeirw, Dolgellau

Written representations. Decision expected beginning July 2014.

Mr Richard Thomas

Number of appeals on list = 5 Number of appeals on committee list 14 May 2014 = 5

Number of appeals Determined

Granted Dismissed Withdrawn

01/04/14 – 31/03/15 3 1 2 01/04/13 – 31/03/14 20 6 13 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

SNOWDONIA NATIONAL PARK AUTHORITY

PLANNING AND ACCESS COMMITTEE, 18 JUNE 2014

SECTION 106 AGREEMENTS

No. Application No. Date application was received

Location Development Present Position

1 NP2/16/127B 22/03/14 Hen Efail, Golan, Garndolbenmaen.

Conversion and extension of former smithy into dwelling, construction of detached garage, formation of new vehicular/pedestrian access and installation of new package treatment plant

Draft agreement sent 16/04/14

2 NP3/12/94K 07/03/13 Bryn Gloch Caravan & Camping Park, Betws Garmon.

Relayout of pitches on existing holiday park (overall reduction in number on field nos. 4, 5 & 6 and reduction of area on field no. 6), removal of 3 rectilinear earth bunds, diversion of Public Footpaths 11 and 18 to allow improved access, location of wi-fi antennae, additional landscaping, planting belts and environmental improvements (revision to planning application NP3/12/94J refused on 01/10/2012)

Draft agreement sent to applicant 18/12/13.

3 NP4/12/T182E 21/05/13 Llwyn Onn, Rowen,

Conwy Conversion of barn to dwelling and formation of new vehicular access

Draft agreement sent to the applicant 17/10/13. Reminder letter sent 11/02/14.

4 NP4/19/47H 24/06/13 Gwern Borter Manor, Rowen, Conwy.

Removal of Section 106 Agreement dated 25/10/1995 in connection with Planning Consent NP4/19/47C for change of use of existing outbuildings into holiday accommodation together with alterations

Draft agreement sent 30/04/14

5 NP4/19/47J 08/07/13 Gwern Borter Manor, Rowen, Conwy.

Change of use of from amenity building to dwelling

Draft agreement sent 30/04/14

6 NP4/19/47K 24/10/13 Gwern Borter Manor, Rowen, Conwy.

RemovaL of Section 52 Agreement dated 30/01/1991 in connection with Planning Consent NP4/19/47A for conversion of outbuilding into 3 bedroom cottage

Draft agreement sent 30/04/14

7 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

Draft agreement sent 18/02/14

8 NP5/58/72B 25/04/13 Land near Horeb Chapel, Dyffryn Ardudwy

Full application for construction of seven detached dwellings and formation of new vehicular/pedestrian access.

Draft agreement sent 12/05/14

9 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

Meeting held with applicant and his agent. Awaiting their response.

10 NP5/61/LB32J 16/01/13 The Plas, High

Street, Harlech Change of use of part of ground floor restaurant to dwelling

Instructions sent to Legal Section to prepare Agreement 10/04/14

11 NP5/61/L65C 23/10/13 Moriah Studio, Harlech.

Conversion and change of use of part of existing artist's studio to dwelling & installation of new rooflights

Engrossment sent 04/06/14

12 NP5/61/T558A 14/01/14 Former Tabernacl Chapel, High Street, Harlech

Conversion of former car showroom into 5 flats, 2 retail units and installation of 2 rooflights on west elevation and 2 rooflights on east elevation

Engrossment sent 04/06/14

13 NP5/62/384 17/10/13 Canolfan Artro, Llanbedr.

Change of use from meeting rooms to 2 bedroom dwelling

Instructions sent to Legal Section to prepare Agreement 07/05/14

14 NP5/67/309 18/10/13 Former Primary School, Abergynolwyn

Conversion of former school into dwellinghouse, bunkhouse and workshop including new verandah, rooflights and new vehicular access

Draft agreement sent 24/04/14

15 NP5/69/355

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

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

Letter sent requesting further details.

16 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

Letter sent to applicant asking for Section 106 Agreement to be completed.

17 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 27/05/14

Number of applications on list = 17 Number of applications on committee list 14 May 2014 = 21

APPLICATIONS SUBJECT TO A SECTION 106 AGREEMENT AND WHICH HAVE BEEN COMPLETED SINCE PLANNING & ACCESS COMMITTEE 14 MAY 2014

Rhif No.

Application No. Location Development

1 NP4/11/100F Tan y Bryn, Pentre Felin, Betws y Coed.

Conversion of surgery into 3 dwellings together with construction of new dormer windows and formation of associated vehicle parking area

2 NP5/56/139A Outbuildings, Rugog, Corris Uchaf

Conversion of outbuildings to form dwelling for local need, construction of link extension, alterations to existing vehicular access and installation of private treatment plant

3 NP5/57/1060A Units 24 & 25, Marian Mawr Industrial Estate, Dolgellau

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

4 NP5/68/184B Ysgol Croesor, Croesor. Conversion of disused school into dwellinghouse, installation of 1300 litre oil tank, and alterations to existing vehicular access

5 NP5/74/433 Penantigi Isaf, Dinas Mawddwy. Conversion of barn to dwelling and installation of new septic tank

APPLICATIONS SUBJECT TO A SECTION 106 AGREEMENT WHICH HAVE BEEN WITHDRAWN, OR DISPOSED,

OR WHERE A AGREEMENT IS NO LONGER NECESSARY SINCE PLANNING & ACCESS COMMITTEE 14 MAY 2014

Rhif No.

Application No. Location Development

SNOWDONIA NATIONAL PARK AUTHORITY

PLANNING AND ACCESS COMMITTEE 18 JUNE 2014

OUTSTANDING APPLICATIONS WHERE MORE THAN 13 WEEKS HAVE ELAPSED

Awaiting Ecology / Tree Report

NP3/21/35C 16/09/2013 Pant Hwfa, Llanllechid. Conversion of redundant farm building to form annexe together with construction of

extension to form garage and installation of package treatment plan. NP5/50/640A 04/04/2013 Plas y Coed, Aberdyfi. Conversion of outbuilding into self contained holiday unit and alterations to existing

detached garage to provide bat roost. NP5/54/376B 12/11/2013 Hafod Owen, Abergeirw, Dolgellau. Conversion of existing barn to form annexe accommodation to dwelling and

construction of extension to form link between barn and dwelling.

Other

NP5/74/14B 23/12/2013 Braich Llwyd, Mallwyd. Install 8kw wind turbine on 18m high pole - total height of 22.25m to tip of blade NP5/74/439 25/02/2014 Nant Carreg Hydd, near Gelli Ddolen, Mallwyd. Proposed hydro-electric scheme including construction of intake weir, turbine house

and installation of above ground and underground pipes.

Total applications on list = 5 Total applications on list Committee 14 May 2014 = 4

SNOWDONIA NATIONAL PARK AUTHORITY

PLANNING AND ACCESS COMMITTEE, 18 JUNE 2014

Policy Section Report of Consultations received

Consulting Authority Consultation topic/name Response deadline

Lead Officer Report to NPA / Committee?

Welsh Government Positive Planning: Proposals to reform the planning system in Wales

26/02/14 Iwan Evans & Elliw Owen

Working Group and Planning & Access

The Office for National Statistics (ONS)

The Census and future provision of population statistics in England and Wales. (Beyond 2011)

13/12/13 Sion Roberts No

Natural Resources Wales

Planning our future 10/01/14 Iwan Evans No

Natural Resources Wales

River Basin Planning ‘Challenges & Choices’ consultation

22/12/13 Gareth Lloyd No

Welsh Government Towards the Sustainable Management of Wales’ Natural Resources: Consultation on proposals for an Environment Bill

15/01/14 Iwan Evans Planning & Access

Department of Energy & Climate Change

Review of the Siting Process for a Geological Disposal Facility

5/12/13 Iwan Evans No

Welsh Government Discretionary Powers for Local Authorities to Increase Council Tax on Second Homes

28/10/13 Elliw Owen No

Cymdeithas Tai Clwyd a Cymdeithas Tai Eryri

Coming Together 30/09/13 Elliw Owen No

Consulting Authority Consultation topic/name Response deadline

Lead Officer Report to NPA / Committee?

National Grid Visual Impact Provision for National Parks and AONB

24/09/13 Gareth Lloyd No

Welsh Government Taking the long view: draft Policy Statement for Protected Landscapes in Wales

20/09/13 Iwan Evans Authority

Darren Millar AM Proposed Holiday Caravan Parks (Wales) Bill 13/09/13 Rebeca Jones & Jane Jones

No

Welsh Government Draft TAN 23 on Economic Development (explanatory and consultation documents)

05/09/13 Iwan Evans Planning & Access

Dŵr Cymru Welsh Water

Your Company, Your Say: Our Plans 2015-2021 30/08/13 Elliw Owen No

Welsh Language Commissioner

Planning and the Welsh Language 31/07/13 Elliw Owen No

Communities, Equality and Local Government Committee

Inquiry into barriers to home building in Wales 03/07/13 Elliw Owen No

 

SNOWDONIA NATIONAL PARK AUTHORITY

PLANNING AND ACCESS COMMITTEE 18 JUNE 2014

DELEGATED DECISIONS

Applications Approved Application No. Proposed Location Decision

Date Case Officer

NP2/11/200C Construction of single storey side extension Is y Graig, Gwynant Street, Beddgelert. LL55 4LY

15/05/14 Ms Sara Roberts

NP2/11/255G Retrospective application to retain track Talyrni, Nantmor. LL55 4YN

15/05/14 Mr Geraint Evans

NP2/11/433A External alterations including external wall insulation

3 Dolfair, Beddgelert. LL55 4YD

09/05/14 Mrs Rebeca Jones

NP2/11/436A External alterations including external wall insulation

8 Dolfair, Beddgelert. LL55 4YD

09/05/14 Mrs Rebeca Jones

NP2/11/442A External alterations including external wall insulation

15 Dolfair, Beddgelert. LL55 4YD

09/05/14 Mrs Rebeca Jones

NP2/11/684A Realignment of approved hydro-electric scheme penstock

Afon Nanmor, Clogwyn, Llanfrothen.

23/05/14 Mr Richard Thomas

NP3/15/217A Conversion of barn into holiday accommodation and formation of new vehicular and pedestrian access

The Barn, 4 Gwastadnant, Nant Peris. LL55 4UL

23/05/14 Mr Richard Thomas

NP3/16/5A Installation of satellite/internet dish on gable elevation

Yr Hafod, Nant Ffrancon, Bethesda,

28/05/14 Ms Sara Roberts

NP4/11/358A Construction of two storey extension and construction of detached garage/workshop

Glen Craig, Betws y Coed, LL240BL

02/06/14 Ms Sara Roberts

NP4/11/BT362 Prior Notification under Part 24 of The Town & Country Planning (General Permitted Development) Order 1995 for 1 new wooden pole

Land near Dolweunydd, Holyhead Road, Pentre Du, Betws y Coed, LL240BY

27/05/14 Ms Sara Roberts

NP4/12/170B Construction of single storey extension 1 Tan y Celyn, Rowen. 19/05/14 Ms Sara Roberts NP4/16/41J Retrospective application to retain electronic

communication apparatus granted under Planning Consent NP4/16/41G dated 15/04/2003 and Planning Consent NP4/16/41F dated 11/02/2008

Arqiva Transmmitting Station, Gwydyr Forest, Dolwyddelan, LL250DX

13/05/14 Mr Geraint Evans

NP4/16/BT385 Prior notification under Part 24 of the Town and Country Planning (General Permitted Development) Order 1995 to install 1 new pole

Dolwyddelan Primary School, Dolwyddelan, LL250SZ

29/05/14 Ms Sara Roberts

NP5/50/661B Vary Condition No.3 of Planning Consent NP5/50/661 dated 16/10/2013 to allow re-use of materials on the site to minimise disposal to landfill site and raise ground levels

Former Gas Works Site, Tywyn Road, Aberdyfi.

27/05/14 Mr R Huw Roberts

NP5/50/672 Demolish existing dwelling and construction of new dwelling

The Villa, Plas Panteidal, Aberdyfi, LL350RF

15/05/14 Mr R Huw Roberts

NP5/50/T634A Construction of side conservatory and porch to North elevation

4 Beach Cottages, Station Road, Aberdyfi, LL350RT

22/05/14 Mr R Huw Roberts

NP5/52/LB109A Listed Building Consent for demolition of open porch and erection of single storey extension to accommodate an entrance lobby with shower room cloaks

Ty'r Ysgol, Islaw'r Dref, Dolgellau. LL40 1TS

06/05/14 Mr Gwilym H Jones

NP5/53/369A Construction of single storey side extension 4 Mawnog Fach, Bala. LL23 7YY

12/05/14 Mrs Rebeca Jones

NP5/53/527 Construction of two storey side extension Doldderwen, 8 Cae Gadlas, Bala. LL23 7AT

28/05/14 Mrs Rebeca Jones

NP5/55/223 Proposed hydro-electric scheme including construction of intake weir, installation of underground pipes, separate forebay tank and change use of former garage to turbine house

Nant Cynfal, land at Cynfal Farm, Bryncrug.

20/05/14 Mr R Huw Roberts

NP5/56/139A Conversion of outbuildings to form dwelling for local need, construction of link extension, alterations to existing vehicular access and installation of private treatment plant

Outbuildings, Rugog, Corris Uchaf. SY20 9RH

13/05/14 Mr R Huw Roberts

NP5/57/LB64E Listed Building Consent to retain works executed without consent converting a first floor bedroom and a second floor bedroom into bathrooms

Plas Gwyn, Cader Road, Dolgellau. LL40 1RH

19/05/14 Mr Gwilym H Jones

NP5/57/LB64F Change of use from a private dwelling house to a 3 bedroomed bed and breakfast guesthouse and private dwelling

Plas Gwyn, Cader Road, Dolgellau, LL401RH

20/05/14 Mr Gwilym H Jones

NP5/59/701A Retrospective application for installation of Velux window on rear roof elevation

1 Tan Y Bryn, Pant Llwyd, Ffestiniog, LL414PR

03/06/14 Ms Sara Roberts

NP5/61/189C Change of use from retail unit to holiday unit together with construction of side extension

Cae Du, Harlech, LL462TT

03/06/14 Mr Richard Thomas

NP5/61/376A Construction of extension on front elevation Canol Bryn, Heol Y Bryn, Harlech, LL462TU

13/05/14 Ms Sara Roberts

NP5/61/394C Stone cladding to gable wall Ty Llawen, 22 Heol Y Bryn, Harlech, LL462TU

03/06/14 Ms Sara Roberts

NP5/61/LB32H Listed Building Consent for alterations to convert part of ground floor to dwelling and adaption of remaining restaurant to shop for sale of hot food

The Plas High Street, Harlech.

22/05/14 Mr Gwilym H Jones

NP5/62/30C Construction of single storey detached storage building

Tan y Ffridd Bach, Llanbedr. LL45 2ND

20/05/14 Ms Sara Roberts

NP5/64/172B Construction of single storey side extension (revised scheme)

Bramble Cottage, Llanegryn. LL36 9TY

27/05/14 Mr R Huw Roberts

NP5/64/179A Regularise minor amendments to Planning Consent Notice NP5/64/179 dated 30/07/2012 in relation to highway boundary details, material finish used on vertical sunshades to main hall gables, external store details on west side of school, construction of sports rebound fence adjacent to multi-use games area and perspex cycle stand enclosure adjacent to bin store

Ysgol Craig y Deryn, Llanegryn.

19/05/14 Mr R Huw Roberts

NP5/64/BT181 Prior notification under Part 24 of The Town & Country Planning (General Permitted Development) Order 1995 to install 3 new poles

Land near Islwyn, Ebenezer Chapel and Waterloo Cottage, Llanegryn.

29/05/14 Ms Sara Roberts

NP5/65/322 Installation of sewerage treatment plant 1 & 2 Borth Cottages, Bontddu. LL40 2TT

19/05/14 Mrs Rebeca Jones

NP5/70/80D Install slurry store within existing livestock shed and construct roof over existing livestock gathering and feeding area

Gelli Grin, Rhosygwalia, Bala, LL237ET

13/05/14 Ms Sara Roberts

NP5/70/LB7R Add miscellaneous landscape and open air activity facilities

Fach Ddeiliog (Bala Lake Hotel), Llangywer. LL23 7BS

27/05/14 Mr Gwilym H Jones

NP5/71/14D Construction of cattle store and installation of cover over existing slurry store

Blaen y Cwm, Cynllwyd Uchaf, Bala. LL23 7DF

15/05/14 Ms Sara Roberts

NP5/71/LB365C Listed Building Consent for alterations and extension to convert part of outbuilding into holiday accommodation and agricultural storage

Rhyd yr Abbad, Cwm Cynllwyd. LL23 7DF

08/05/14 Mr Gwilym H Jones

NP5/71/LB365D Alterations and extension to convert part of outbuilding into holiday accommodation and agricultural storage

Rhyd yr Abbad, Cwm Cynllwyd. LL23 7DF

08/05/14 Mr Gwilym H Jones

NP5/71/LU269E The siting of 5 touring caravans and 15 tent pitches for holiday use in the locations shown ont he plan attached between 1 March and 31 October each year.

The Land shown edged red on the plan attached and described as land at Bwch yn Uchaf, Llanuwchllyn. LL23 7DD.

20/05/14 Mr Aled Lloyd

NP5/73/AD392 Application for Advertisement Consent to display 4 one sided non-illuminated boards (1 near site entrance and 3 on access road)

Former Trawsfynydd Nuclear Power Station Site, Trawsfynydd. LL41 4DT

22/05/14 Mrs Rebeca Jones

NP5/74/433 Conversion of barn to dwelling and installation of new septic tank

Penantigi Isaf, Dinas Mawddwy. SY20 9LX

13/05/14 Mr R Huw Roberts

NP5/74/440 Proposed hydro-electric scheme including construction of intake weir, turbine house and installation of underground pipes

Nant Terwyn, Cwm Cywarch, Dinas Mawddwy.

30/05/14 Mr R Huw Roberts

NP5/75/146A Construction of two storey detached garage Bryniau Bychain, Cwrt, Pennal, SY209LB

30/05/14 Mr R Huw Roberts

NP5/77/BT299 Prior notification under Part 24 of the Town and Country Planning (General Permitted Development) Order 1995 to install 4 new poles

Track leading to Caerwych, Llandecwyn

15/05/14 Ms Sara Roberts

NP5/77/BT300 Prior notification under Part 24 of the Town and Country Planning (General Permitted Development) Order 1995 to install 2 new poles

Land near Trem y Garth, Llandecwyn

15/05/14 Ms Sara Roberts

NP5/77/BT301 Prior notification under Part 24 of the Town and Country Planning (General Permitted Development) Order 1995 to install 1 new pole

Track leading to Penbryn Pwll Du, Llandecwyn

15/05/14 Ms Sara Roberts

NP5/78/BT491 Prior notification under Part 24 of The Town & Country Planning (General Permitted Development) Order 1995 to install BT equipment cabinet

Land near entrance to Cae Madog Estate, Trawsfynydd

13/05/14 Ms Sara Roberts

Applications Refused

NP4/16/387 Construction of two storey rear extension 14 Maes Y Braich, Dolwyddelan, LL250YQ

28/05/14 Mr Richard Thomas

NP5/62/LU381 The use of an annex as a separate dwelling. The land shown edged red on the Plan and described as Bryn Derwen, Pentre Gwynfryn, Llanbedr. LL45 2PA

19/05/14 Mr Aled Lloyd

NP5/69/84F Removal of Section 106 Agreement dated 20/08/2008

The Old Smithy, Llwyngwril. LL37 2JD

13/05/14 Mr R Huw Roberts

NP5/73/393 Construction of agricultural building Beudy Isaf, Gellilydan, Blaenau Ffestiniog, LL414RD

22/05/14 Mrs Rebeca Jones

NP5/73/LB23T Retrospective application to install steel gates and posts to North entry

The Old Rectory, Maentwrog. LL41 4HN

13/05/14 Mr Gwilym H Jones

www.planningportal.gov.uk/planninginspectorate

Penderfyniad ar Apêl Appeal Decision

Ymweliad safle a wnaed ar 01/04/14 Site visit made on 01/04/14

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: 2 Mai 2014 Date: 2 May 2014

Appeal Ref: APP/H9504/A/14/2211802 Site address: 13 Treflan, Aberdyfi LL35 0PH

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

• The appeal is made under section 78 of the Town and Country Planning Act 1990 against a grant of planning permission subject to conditions.

• The appeal is made by Ms Jane Hazel against the decision of the Snowdonia National Park Authority.

• The application Ref NP5/50/639A, dated 1 May 2013, was approved on 6 August 2013 and planning permission was granted subject to conditions.

• The development permitted is a bedroom extension with a terrace over and general alterations. • The condition in dispute is No 2 which states that: ‘The balcony enclosure shall be finished in

obscure glass.’

• The reason given for the condition is: ‘To ensure a satisfactory standard of appearance of the development, in accordance with Policies 1 and A of the adopted Eryri Local Development Plan.’

Decision

1. The appeal is allowed and the planning permission Ref NP5/50/639A for a bedroom

extension with a terrace over and general alterations at 13 Treflan, Aberdyfi, granted

on 6 August 2013 by the Snowdonia National Park Authority, is varied by deleting

condition No 2 and substituting for it the following condition:

2) The balcony enclosure on the north western side shall be finished in obscure

glass.

Main Issue

2. I consider the main issue in this case to be the effect of removing/modifying condition

No 2 on the living conditions of neighbouring occupiers.

Reasons

3. Notwithstanding the reason given on the planning permission, it is clear that the

actual reason for the imposition of condition No 2 is to prevent unacceptable

overlooking and consequential loss of privacy to neighbouring occupiers.

4. The appellant (e-mail of 22 July 2013) accepts that the balcony enclosure facing No 14

Treflan (north west side) should be in opaque glazing. The rear of No 12 Treflan is

already overlooked from the appeal property. Insofar as No 12 is concerned, no

specific concerns have been raised by the occupiers thereof or the National Park

Appeal Decision APP/H9504/A/14/2211802

www.planningportal.gov.uk/planninginspectorate

2

Authority and I have no reason to believe that the use of clear glass in the south

eastern side of the balcony enclosure would materially exacerbate the existing

situation. The written representations before me focus on the part of the balcony

enclosure facing Frondeg (south west side) and this will be examined further below.

5. From the photographs submitted and my observations at the site visit, direct elevated

views over the boundary hedge to the first floor windows in the rear elevation of

Frondeg currently exist from inside the appeal property and from the top of the

existing flight of steps. A person standing on the proposed terrace would be likely to

have broadly comparable views. The slightly shorter distance would not have a

significant impact on the degree of overlooking although the separation would be

somewhat less than the 21m used by the National Park Authority as a ‘rule of thumb’.

Whether the balcony enclosure would be clear or obscure glass would not affect what

would be seen by a standing person as the views would be over, not through, it.

6. Given the height of the existing boundary hedge, a person sitting on the terrace would

not have views of windows in the rear elevation of Frondeg or its garden such that the

use of obscure glass would make no difference. I have no reason to believe that the

hedge is under any threat or that it will not be retained at this height for the

foreseeable future. Nonetheless, the use of obscure glass would prevent a person

sitting on the terrace or inside the appeal dwelling from enjoying views of the Dyfi

Estuary to the south. It could also encourage users of the terrace to stand rather than

sit, when they would be able to see the first floor windows in the rear elevation of

Frondeg as well as the estuary.

7. On the above basis, there is no need to require obscure glazing on the south western

and south eastern sides of the balcony enclosure by condition. Modifying condition No

2 to require obscure glazing on the north western side only would not result in

significant harm to the living conditions of neighbouring occupiers or result in conflict

with Eryri Local Development Plan policy 1.

8. For the reasons given above I conclude that the appeal should succeed. I will vary the

planning permission by deleting the disputed condition and substituting another.

E Jones

Inspector