REPORT TO THE PLANNING COMMITTEE REFER TO A COOLING OFF PERIOD. 15 June Senior Manager, Planning and Environment Service

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1 PLANNING COMMITTEE DATE: 15/06/2015 REPORT - SENIOR MANAGER PLANNING AND ENVIRONMENT SERVICE CAERNARFON Number: 6 REPORT TO THE PLANNING COMMITTEE REFER TO A COOLING OFF PERIOD DATE OF THE PLANNING COMMITTEE: DESCRIPTION AND LOCATION OF APPLICATION: REPORT BY: RECOMMENDATION: 15 June 2015 Application Number C15/0162/33/LL - A part retrospective application to construct a building to be used as a commercial garage, change of use of a building approved and used previously as a commercial garage at Gallt y Beren to agricultural use, along with proposed improvements to the entrance to the B4415 from Hendre Wen Gallt y Beren, Rhydyclafdy, Pwllheli LL53 7YP. Senior Manager, Planning and Environment Service To accept the recommendation, namely to refuse the application. 1 PURPOSE 1.1 The application was submitted to the Planning Committee on 27 April 2015 and the Committee s proposal was to approve the application contrary to the officers recommendation. The reasons given by the Committee for supporting the application was that they considered that the development conformed to Policy D7 of the Gwynedd Unitary Development Plan (Small scale Rural Workshops or Industrial/Business Units outside the development boundaries); that the development provided local employment; geographical local need, and no similar business within reach of the site. 1.2 In the opinion of the Senior Manager, Planning and Environment Service (Interim), there is a significant risk to the Council in respect of the decision to approve the application contrary to officers recommendation; therefore, the matter was referred to a cooling off period in accordance with the committee s standing orders. The purpose of reporting back to the Committee is to highlight the planning policy issues, the possible risks and the possible options for the Committee before it reaches a final decision on the application. 2 DESCRIPTION AND BACKGROUND 2.1 The application in question is retrospective. The retrospective element of the application is to retain the building and use it as a commercial garage with floor area of 264m 2 near a dwelling known as Hendre Wen, together with improvements to the access to the B4415 from Hendre Wen. It is also proposed to change the use of the building approved and used previously as a commercial garage with a floor area of 72m 2 at Gallt y Beren for agricultural use, as well as covering the building at Hendre Wen with a dark green cover (BS 12 C 39). No details have been submitted regarding the type of external cover it is proposed to use. The applicant stresses that he is replacing one commercial garage site at Gallt y Beren with a new site for his business at Hendre Wen. 2.2 The site of the commercial garage is situated on a hill west of Rhydyclafdy on the southern side of the B4415 at Hendre Wen. Gallt y Beren farm, from where the use was moved, is located a short distance down the road on the northern side of the B4415. The application site is situated in open countryside outside the recognised development boundaries as defined in

2 PLANNING COMMITTEE DATE: 15/06/2015 REPORT - SENIOR MANAGER PLANNING AND ENVIRONMENT SERVICE CAERNARFON the Gwynedd Unitary Development Plan (GUDP) and in addition the site is located within a Landscape Conservation Area. 2.3 For clarification, it is confirmed that planning permission is not required for the change of use of the existing commercial garage at Gallt y Beren to agricultural use. Consequently, this application deals wholly with applying for retrospective planning consent to retain the use of a building built at Hendre Wen for use as a commercial garage, together with improvements to the vehicular access off the B4415 county highway. 2.4 Prior approval was given to construct an agricultural shed at Hendre Wen on 1 June 2009; however, the building was not constructed in accordance with the submitted details approved by the Council at the time. The building is wider and higher than what was approved and roller shutter doors were installed on the north-eastern elevation. In September 2011, a planning application was submitted for the change of use of the alleged agricultural building into a garage and MOT station. The planning application was withdrawn in February 2012 as it was evident that it was not an application for a change of use as the building was never used for agricultural purposes. In December 2012, a further planning application was submitted to use the building without planning consent as a garage and MOT station. That application was refused in February 2012 on the grounds that the development was a misuse of general agricultural permitted development rights, prominence of the building, lack of visibility from the access to the nearby county highway and a lack of justification for siting the building in open countryside. As a result of the refusal of the planning application an enforcement notice was issued to prevent the use and to demolish the building used as a commercial garage, and to move all the materials associated with that use from the site. 2.5 An appeal was made against the enforcement notice and the planning refusal to the Planning Inspectorate in August When considering the appeals the Inspector considered all the relevant national planning guidance and local planning policies prior to reaching a decision. Both appeals were refused in May 2014 and a copy of the appeal decision is attached in Appendix 1 for information. It is specifically noted that the Inspector confirms that the business has no special location needs that cannot be satisfied on an existing or designated employment/industrial sites shown on the Proposals Maps of the Unitary Development Plan. The enforcement notice was revised in order to extend the compliance period and requirements of the notice to 12 months, and this period expired on 4 May The applicant has not made any attempt to comply with the requirements of this notice. 2.6 In addition to the Planning Statement, a Landscape Statement, Survey of Traffic Speed and details of the availability of Council industrial units and in the private sector have been submitted with the application. The Landscape Statement (based on the LANDMAP data) confirms the concerns of the Planning Service that the site is located within landscape categorised as having medium to high general sensitivity and recognises that no mitigation works can screen the entire building. The mitigation plan submitted with the application states the intention to plant birch trees metres high, and oak trees 2.5 metres high, however it is noted that it is proposed to plant only two trees directly in front of the building in the direction of the village of Rhydyclafdy. In the appeal decision the Inspector noted that landscaping the boundaries would not overcome the objection to the development in terms of the harm to the area s visual amenities. 2.7 Regarding the traffic speed survey, it is noted that the survey indicated 85 th percent wet weather speeds, leading to a visibility requirement of 70 metres either side of the access. Work undertaken west of the current access includes felling trees and removing a hedge, and it is proposed to re-locate the access itself a little nearer to the village of Rhydyclafdy in order to ensure visibility of 70 metres either side. An was submitted dated 17 December 2014 from the Senior Development Control Officer of the Transportation and Street Care Service confirming that the design was satisfactory for visibility splays and the setting of the

3 PLANNING COMMITTEE DATE: 15/06/2015 REPORT - SENIOR MANAGER PLANNING AND ENVIRONMENT SERVICE CAERNARFON access, but there was a possibility that the work already undertaken conflicted with other planning policies. 2.8 In an attempt to justify siting in this place the applicant s agent submitted details about the availability of industrial units in the private sector in the Dwyfor area and this was because they had received an from the Council's Business Support Service stating that the Council s industrial units were currently full. When submitting this query regarding the availability of a Council building it has to be noted that the applicant had been very specific regarding the type of unit required for his purpose, namely one with a floor area of at least 240 metres square, a height of 7.5 metres and a parking area for a minimum of 15 cars. However, the case officer noted that this was much higher than the existing building at Hendre Wen (which is 5.8m) and the applicant was requested to confirm the situation. By now it was understood that the applicant was enquiring about a building that would be similar in size to the building at Hendre Wen, namely 5.5m high. 2.9 The agent has made further enquiries with the Business Support Service regarding the availability of industrial units based on this revised height. He received confirmation from the Business Support Service on 11 May 2015 that the Council had no units to meet the needs of his client; however, he received a general list of the units available in the private sector in the Dwyfor Area for the period April May This list indicates that units are available in the Nefyn and y Ffôr area that may comply with the applicant's needs and it was considered that the possibility of adapting and using one of the units should be investigated rather than permitting a new unit at a totally unacceptable location. Even if the applicant considered that these units were not suitable, for whatever reason, land had been earmarked in the Nefyn, Pwllheli and y Ffôr area for use as employment sites, where a purpose-built unit could be built for the non-permitted use currently carried out at Hendre Wen Originally the application had been submitted to the Planning Committee on 27 February 2015 and members of this Committee voted to approve the application contrary to the officers recommendation. The reasons for supporting the application are contrary to the officers clear recommendation and are noted in paragraph 1.1 of this report. For information a copy of the report and plans submitted to the Planning Committee on 27 April 2015 are in Appendix 2 and the report together with the appeal decision in Appendix 1, clearly explain the application's background It was recommended that the application should be refused as the development was tantamount to erecting a new industrial building in open countryside and that it was not possible to consider the application as one for the change of use of the existing building. It was noted specifically that the building had not been built in accordance with the plans submitted to the Council in 2009, with a prior consultation for an agricultural building. It is considered that no real justification has been submitted by the applicant to site the garage in open countryside and no special location needs exist for this development that cannot be satisfied in a location or on an existing suitable site or designated for employment/industrial use. It is therefore considered that the proposal is contrary to policies D5, D7, D8 and C1 of the Unitary Development Plan (July 2009) Due to its colour, openings and finishes the building that has been constructed, stands out as a prominent and industrial feature that does not respect and is not in keeping with its location in open countryside and in a Landscape Protected Area. In addition to this, it is considered that the work undertaken to the access has a detrimental impact on the character and appearance of the area. It is therefore considered that the proposal does not comply with the requirements of policies B10, B22, B25 of the Gwynedd Unitary Development Plan (2009). It is noted that the applicant had referred to an existing agricultural building on an adjacent property to Hendre Wen that was alleged to be more prominent that the building subject to this current application. The committee is informed that there is a condition on this building for it to be

4 PLANNING COMMITTEE DATE: 15/06/2015 REPORT - SENIOR MANAGER PLANNING AND ENVIRONMENT SERVICE CAERNARFON painted a dark green and the Planning Enforcement Unit are following this mater up since the owner has not conformed with the condition thus far. 3 POLICY CONTEXT National Planning Guidance 3.1 Paragraph Planning Policy Wales (Edition 7, July 2014) (PPW) clearly states that the planning system is intended to help to protect the amenity and environment of towns, cities and the countryside in the public interest while encouraging and promoting high quality, sustainable development. In line with the presumption in favour of sustainable development, applications for planning permission, or for the renewal of planning permission, should be determined in accordance with the approved or adopted development plan for the area, unless material considerations indicate otherwise. 3.2 Amongst other things paragraph PPW states that a priority for rural areas is to ensure a thriving and diverse local economy where agriculture-related activities are complemented by sustainable tourism and other forms of employment in a working countryside. Paragraph states that the countryside is a dynamic and multi-purpose resource. In line with sustainability principles, it must be conserved and, where possible, enhanced for the sake of its ecological, geological, physiographic, historical, archaeological and agricultural value and for its landscape and natural resources. This should be undertaken by balancing the need to conserve these attributes against economic, social and recreational needs of the community. 3.3 Paragraph states that many commercial and light manufacturing activities can be located in rural areas without causing unacceptable disturbance or other adverse effects. Small-scale enterprises have a vital role in promoting healthy economic activity in rural areas, which can contribute to both local and national competitiveness. New businesses in rural areas are essential to sustain and improve rural communities, but developments which only offer short-term economic gain may not be appropriate. 3.4 Paragraph states that while some employment can be created in rural locations by the reuse of existing buildings, new development will be required in many areas. New development sites are likely to be small and should generally be located within or adjacent to defined settlement boundaries. Separate criteria apply to farm diversification and agricultural development. However, some industries may have specific land requirements which cannot be accommodated within settlements. The absence of allocated employment sites should not prevent authorities from accommodating appropriate small-scale rural enterprises in or adjoining small rural settlements. 3.5 One of the principal policy guidelines considered here is Technical Advice Note 6 Planning for Sustainable Rural Communities (July 2010). Paragraph states that development plans should identify a diverse range of sites available for future employment use. Where possible sites should be located within or adjacent to settlements. Planning authorities should consider the need for a rural employment exception site policy. This may set out the criteria against which planning applications for employment use on the edge of settlements, on sites which are not specifically allocated in the development plan, will be assessed. They should also promote the expansion of established businesses by setting out in the development plan the criteria against which planning applications for employment uses will be assessed. This should include supporting the expansion of businesses that are currently located in the open countryside provided there are no unacceptable impacts on local amenity. 3.6 Furthermore, paragraph of TAN 6 which refers to farm diversification notes that planning authorities should consider the nature and scale of the activity, taking a

5 PLANNING COMMITTEE DATE: 15/06/2015 REPORT - SENIOR MANAGER PLANNING AND ENVIRONMENT SERVICE CAERNARFON proportionate approach to the availability of public transport and the need to improve the local highway network. In this case, it is considered that the existing business goes beyond a diversification scheme on the farm and the applicant is employed full-time in the business. Local Planning Policies 3.7 The adopted Development Plan is the Gwynedd Unitary Development Plan (July 2009) and the relevant policies are policy B10 (Protection and Enhancing Landscape Conservat ion Areas), B22 (Building Design), B23 (Amenities), B25 (Building Materials), C1 (Locating New Developments), C4 (Adaptation of Buildings for Re-use), CH33 (Safety on Roads and Streets), D5 (Special Local Needs), D7 (Rural Workshops or Industrial Units/Small Scale Business Outside the Development Boundaries), D8 (Extension of Current Enterprises) and D10 (Conversion of Buildings for Industrial or Business Use). Visual amenities 3.8 Policy B10 protects and enhances Landscape Conservation Areas by ensuring that proposals conform to a series of criteria aimed at avoiding significant damage to recognised features. Amongst these is the impact of the proposed development on the positive features of the landscape and those elements that contribute to the character of the unique local landscape along with the location, design and materials of the proposed development and its ability to integrate with the landscape. Any economic and social benefit stemming from the proposed development will be measured against these criteria. All developments will have to be designed and landscaped to a good standard, ensuring that appropriate landscape elements that function as either mitigation measures or are important to ensure integration are included. Consideration will be given to the information provided by the LANDMAP information system about the character and quality of the landscape in each area. As previously stated, LANDMAP has categorised the landscape as having a medium to high general sensitivity. Design and Building Materials 3.9 Policies B22 and B25 involve the design of buildings and their building materials. Policy B22 promotes good building design by ensuring that proposals conform to a series of criteria by aiming to safeguard the recognised features and character of the landscape and the local environment and Policy B25 safeguards the visual character by ensuring that building materials are of a high standard and in keeping with the character and appearance of the local area. The design of the existing building never reflected the design of the agricultural building approved under the prior approval system, and it is considered that the design is not suitable or acceptable for such a prominent location in open countryside. It is an industrial design that is more in keeping with an industrial estate or an employment site. Nevertheless, it is understood that it is proposed to cover the external walls with steel profile sheeting in a dark green colour BS 12 C39, in an effort to reduce the unacceptable impact on the landscape and the area s visual amenities contrary to policies B22 and B Policy B23 safeguards the amenities of the local neighbourhood by ensuring that proposals must conform to a series of criteria aiming to safeguard the recognised features and amenities of the local area. No residents live nearby to the business and therefore the proposal is unlikely to be contrary to Policy B23. Land Use and Effective Building 3.11 Policy C1 states that land within the development boundaries of towns and villages will be the main focus for new developments and that new supplementary buildings, structures and facilities will be refused in the countryside unless the development is approved by another

6 PLANNING COMMITTEE DATE: 15/06/2015 REPORT - SENIOR MANAGER PLANNING AND ENVIRONMENT SERVICE CAERNARFON policy in the Plan. An agricultural building was approved to be built in 2009, however it was not an agriculturally designed building that was built on site Policy C4 states that proposals to adapt buildings for reuse rather than demolish them will be approved provided they conform to specific criteria regarding the suitability of the building, visual considerations, design and the effect on the vitality of neighbouring towns and villages. However, it is noted that the building was erected as a commercial garage from the start and it has not been adapted from agricultural use at all. This is the view taken by the Inspector when he dealt with the appeals against the planning refusal and the enforcement notice, and it is considered that this view is correct in terms of planning law. Road Considerations 3.13 Policy CH33 states that development proposals will be approved if they conform to specific criteria involving the vehicular access, the quality of the existing roads and traffic calming measures. Amongst these is that provision will be made for vehicular access to the site which is safe and in keeping with the local surroundings. It has been previously stated in this report that the Council s Transportation and Street Care Service consider that the improvements to the access to the second class county highway (B4415) is acceptable in terms of road safety. However, the work in terms of impact is not minor and what needs to be done to achieve visibility has a detrimental impact on the character and appearance of the area which is contrary to policy B10 that deals with safeguarding and enhancing landscape conservation areas. Sustainable Economy Considerations 3.14 Policy D5 states that in exceptional cases, proposals to locate an industrial or business development on sites that have not been designated or safeguarded for business/industry will be permitted provided the proposed development has genuine special location needs which cannot be met on an existing designated High Quality Employment or Industrial Site. In such cases genuine justification is required for a new site for industry or the business in question. Therefore, it has to be demonstrated that the existing available sites have been fully considered and the reasons why they are not suitable for the application as a result of the special location needs of the development. Special location needs is defined as businesses and industries which need to be located close to the source of raw materials (e.g. wood processing works) or that require a constant supply of natural resources for their activities (e.g. water from a river or from the sea). In this context it is quite obvious that no special location needs exist in this case, and this was confirmed by the Inspector who determined the appeals against the previous planning refusal and the enforcement notice. Consequently, and specifically due to the clear guidance given by the Inspector on this issue, it is considered that the application is contrary to Policy D5 of the Gwynedd Unitary Development Plan as there is no need for the business to be located close to the source of raw materials, and no constant supply of natural resources are required Policy D7 states that proposals for workshops or small scale industrial/business units outside development boundaries will be permitted provided it can be shown that the proposed site is the most suitable location to fulfil that need and that the existing building is used or, in exceptions where there are no existing suitable buildings available, that the site is physically related to an existing development boundary, adjoins an existing group of buildings or is a previously developed site; that the scale, type and design of the development is appropriate for the building or site and the immediate surroundings and is compatible with other existing nearby uses; that the proposal includes adequate new boundary treatment and sensitive landscape measures to alleviate the visual impact of the proposed development; and that a new dwelling is not necessary to serve the development. The aim of the policy is to permit small scale developments that are in keeping with rural areas, however, the explanation of the

7 PLANNING COMMITTEE DATE: 15/06/2015 REPORT - SENIOR MANAGER PLANNING AND ENVIRONMENT SERVICE CAERNARFON policy states clearly that the Local Planning Authority will need to consider applications to convert buildings that are permitted under agricultural use carefully in order to prevent the misuse of permitted planning development rights Considering the building s planning background and having assessed the application against the criteria in Policy D7, it is considered that the development does not meet with the relevant criteria and therefore is totally contrary to policy D7 of the Gwynedd Unitary Development Plan Lastly, Policy D8 states that proposals involving the expansion/extension/intensification of existing industrial and business or other enterprises will be approved provided that the proposal does not involve an existing use which is already causing significant harm to the surrounding area and /or existing nearby uses; that the proposal is sited within or adjoining the existing development; that the proposal is ancillary to the existing operation; that the scale of the existing development together with the proposal will not cause significant harm to amenity, the environment, and the local highway network; and that the proposal includes adequate new boundary treatment and sensitive landscape measures to alleviate the visual impact on the surrounding area. Existing enterprises play an important role in the local economy and can add to the viability of existing centres and villages. The aim of this policy is to facilitate their future development. The Council has already given consent to a similar business at Gallt y Beren, which is in a less prominent location than the site of the existing application. The current application does not comply with Policy D8 as it is an attempt to establish a new business on an alternative site, and therefore does not meet the relevant criteria It is noted that the Planning Committee submitted four reasons for considering to approve the application, contrary to the officers' recommendation. Consideration has already been given to Policy D7 in paragraph 3.15 and 3.16 above. It should also be noted that the applicant submitted information to the appeal that placed the geographical location of his customers in Pen Llŷn, the applicant noted that a number of his customers lived in locations that appeared to be closer to similar businesses, especially those customers who live in the areas of Pwllheli, Llanbedrog, y Ffôr, Edern, Nefyn, Abersoch and Aberdaron. A simple search of the website indicates that there are at least 9 MOT stations in Pen Llŷn within the catchment area of the business, therefore it is difficult to justify that a geographic need exists, or that there is no similar business within a convenient distance to the site. In addition, the application form states that only 1 full-time post and 1 part-time post have been created in association to the business when the application was submitted to the Council, however it was proposed to create 3 full-time posts and 3 part-time posts if the application was successful. Notwithstanding this statement there is no certainty that this will occur and the Local Planning Authority would have no control over this. It appears that the 1 full-time post and the 1 part-time post associated with the business currently are not much different to the number of posts linked to the work at Gallt y Beren, and prior to moving the business to this building at Hendre Wen, therefore it is considered that not much weight can be placed on any additional economic benefit that exists or may exist by establishing a business at Hendre Wen. Neither would such considerations overcome the significant and fundamental concerns the officers have, and confirmed in appeal, regarding the principle of establishing a new business of this type on a site in open countryside contrary to relevant local and national policies Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph of Planning Policy Wales emphasise that planning decisions should be in accordance with the Development Plan, unless material planning considerations indicate otherwise. Conversely, applications that are not in accordance with relevant policies in the plan should not be allowed unless material considerations justify the grant of planning permission. The proposal is contrary to the guidance given in national and local policies as outlined above, and it is evident when considering the local planning policies that the development does not

8 PLANNING COMMITTEE DATE: 15/06/2015 REPORT - SENIOR MANAGER PLANNING AND ENVIRONMENT SERVICE CAERNARFON comply with the vast majority of the relevant policies. It is considered that no genuine justification has been proven in this case to justify an exception to the relevant policies that deal with the establishment of businesses in prominent locations in open countryside In addition to this, the recent appeal decisions that deal with the same development are an important material consideration and give a clear decision as well as planning reasons to refuse the application. Since this appeal decision is very relevant to this case and is also very recent, significant weight needs to be given to the decision made by the Inspector. To this end, it would be very difficult for the Committee to justify going against the appeal decision without causing significant risks to the Council itself. 4 RISKS TO THE COUNCIL OF APPROVING 4.1 As has been outlined above, approving the application would undermine policies on a national and local level in terms of establishing new businesses in prominent locations in open countryside. 4.2 Approving the application would create inconsistency in terms of implementing planning policies in reaching decisions on applications regarding of this type of new development in the countryside and would undermine relevant local and national policies. It is quite clear that such businesses should be located in appropriate sites within or on the outskirts of towns and villages, and no special location needs exist in this case to permit retaining the building and the business on a site in open countryside that is so prominent in the landscape. 4.3 All relevant planning considerations, including national planning guidance and local planning policy as well as the decision of the recent appeal, have already received full consideration when determining the previous application. These matters were re-considered during the appeal against the planning refusal and furthermore when the appeal against the enforcement notice was considered. The relevant planning matters have been considered three times already before the submission of the application to Committee. Consequently, there is a risk that the application may called in by the Welsh Government for determination. As well as the risk of individual applications being called in, the Welsh Government has powers to intervene formally in the way the Council provides the Planning Service. This may be the biggest possible risk to the Council in the end, and this would totally or partly remove the right to determine planning applications from the Council. 4.4 There is also a risk that granting the current application would create a dangerous precedent for other similar developments on open and sensitive sites in the countryside, contrary to the Council s planning policies, as well as to encourage misuse of the planning system to ensure permission for locating similar developments on totally unacceptable sites. It is considered that there is no justification of special location needs in this case. 4.5 A risk of a complaint of maladministration to the Ombudsman. 5 OPTIONS TO THE COMMITTEE 5.1 The options open to the Committee in determining the application include the following. The risks to the Council noted in section 4 of this report are relevant to the option for approving the application: i. Refuse the application in accordance with the recommendation. (There will be an opportunity for the applicant to submit an appeal to the Planning Inspectorate in accordance with the standard procedure, however it is noted that the Planning Inspectorate have already discussed the planning matters of this proposals on two occasions);

9 PLANNING COMMITTEE DATE: 15/06/2015 REPORT - SENIOR MANAGER PLANNING AND ENVIRONMENT SERVICE CAERNARFON ii. iii. Refuse the application in accordance with the recommendation and to suggest that the applicant discusses the possibilities with the Planning Service in relation to the site at Gallt y Beren and other suitable alternative sites; To approve the application as submitted with a relevant condition concerning landscaping, roads and covering the building with dark green coloured steel profile sheeting. 6. RECOMMENDATION 6.1 To refuse in line with the recommendation in the report (Appendix 2) for the following reasons, which also reflect the appeal decision: 1. It is considered that the proposal is tantamount to erecting a new industrial building in the countryside and it is not possible to consider this proposal as a change of use of an existing building. There is no justification for locating the development in open countryside and no special location needs exist for it. Therefore, it is considered that the proposal is contrary to policies D5, D7, D8 and C1 of the Gwynedd Unitary Development Plan. 2. The building that has been erected due to its colour, openings and finishes stands out as a prominent industrial feature that does not respect or is in keeping with its location in open countryside and designated as a Landscape Conservation Area. In addition, it is considered that work to the access has a detrimental impact on the area s character and appearance. It is therefore considered that the proposal does not comply with the requirements of policies B10, B22, B25 of the Gwynedd Unitary Development Plan. 7. APPENDICES 7.1 Appendix 1 Copy of a letter of the appeals decisions numbers APP/Q6810/C/13/ and APP/Q6810/A/13/ dated 2 May Appendix 2 A copy of the report and the plans submitted to the Planning Committee on 27 April 2015.

10 Penderfyniadau ar Apêl Gwrandawiad a gynhaliwyd ar 17/12/13 Ymweliad â safle a wnaed ar 17/12/13 gan Iwan Lloyd BA BTP MRTPI Arolygydd a benodir gan Weinidogion Cymru Appeal Decisions Hearing held on 17/12/13 Site visit made on 17/12/13 by Iwan Lloyd BA BTP MRTPI an Inspector appointed by the Welsh Ministers Dyddiad: 2 Mai 2014 Date: 2 May 2014 Appeal Ref: APP/Q6810/C/13/ Site address: Land at Hendre Wen, Rhydyclafdy LL53 7YP The Welsh Ministers have transferred the authority to decide this appeal to me as the appointed Inspector. The appeal is made under section 174 of the Town and Country Planning Act 1990 as amended by the Planning and Compensation Act The appeal is made by Mr Arwel Bryn Parry against an enforcement notice issued by Gwynedd Council. The Council's reference is G13/0076. The notice was issued on 24 July The breach of planning control as alleged in the notice is without planning permission the erection of a building and change of use of land from agricultural use to use as commercial garage and MOT station together with associated car parking; formation of hard standings and installation of oil interceptor tanks. The requirements of the notice are to: i. Cease the use of the building the approximate extent of which is shown crosshatched black on the Plan as commercial garage and MOT station; ii. Cease use of the land the approximate extent is shown outlined green on the Plan for the purpose of associated car parking for the commercial garage and MOT station; iii. Remove all vehicles, tools and apparatus used in connection with use of the land as commercial garage and an MOT station from the land; iv. Demolish the building the approximate extent of which is shown cross hatched on the Plan and remove all resulting materials and rubble from the land; v. Remove all hardstanding and interceptor tanks from the land; vi. Restore the land to its condition prior to the breach in planning control taking place. The period for compliance with the requirements is 3 months. The appeal is proceeding on the grounds set out in section 174(2) (a) and (g) of the Town and Country Planning Act 1990 as amended. Appeal Ref: APP/Q6810/A/13/ Site address: Hendre Wen, Rhydyclafdy, Pwllheli LL53 7YP 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 refusal to grant planning permission. The appeal is made by Mr Arwel Parry against the decision of Gwynedd Council. The application Ref C12/1628/33/LL, dated 14 December 2012, was refused by notice dated 21 February The development proposed is change of use of part of agricultural shed to garage and MOT

11 Appeal Decisions APP/Q6810/C/13/ & APP/Q6810/A/13/ station, B2 class usage in order to move and expand my current business from Gallt y Beren, Rhydyclafdy. Decisions Appeal Ref: APP/Q6810/C/13/ I direct that the enforcement notice be varied by the substitution of 12 months for 3 months as the period for compliance. 2. Subject to this variation the appeal is dismissed and the enforcement notice is upheld. Planning permission is refused on the application deemed to have been made under section 177(5) of the 1990 Act as amended. Appeal Ref: APP/Q6810/A/13/ The appeal is dismissed. The ground (a) appeal, the deemed application and the planning appeal 4. The main issues in this case are whether the development is justified in the countryside having regard to the provisions of the development plan, and the effect of the development on highway safety. Character and appearance 5. The development is located on a brow of a hill to the west of Rhydyclafdy on the south side of the B4415 at Hendre Wen. Gallt-y-Beren farm which the use was moved from is located a short distance down the road on the north side of the B4415. The appeal site is situated in the countryside outside of recognised settlement boundaries as defined in the Gwynedd Unitary Development Plan (UDP). 6. The Appellant s submission is that planning polices support the change of use of rural buildings to commercial and industrial uses in the countryside as rural enterprises and diversification schemes provide a valuable service to rural customers in the area, which is regarded as sustainable, and it also creates and sustains employment. The building was erected for agricultural purposes and there was a genuine intention to use the building for these purposes. 7. Prior approval was granted for an agricultural shed for storage purposes at Hendre Wen on 1 June The plan accompanying the application showed four bay doors on the front elevation, a blank rear and side elevation. Works commenced on the ground preparation and foundations of the building a short period after the approval was given. 8. However, in September 2009 the Appellant had to sell some 60Ha of land and livestock as the bank reclaimed a loan on the farming business. At the hearing, the Appellant indicated that the original holding was some 182Ha, but about a third was auctioned to pay back the loan. As the farm land holding was reduced the farming enterprise could no longer support the number of animals on the farm and they were also sold. This change in circumstance removed the requirement for space provided by the building. Work had stopped on the building and only the frame was in place at that time. 9. In September 2010 a planning application was submitted for the change of use of the agricultural building to a garage and MOT station. At the hearing, the Appellant clarified that the actual date of submission was 14 October The planning 2

12 Appeal Decisions APP/Q6810/C/13/ & APP/Q6810/A/13/ officer s site visit photographs from the visit on 16 November 2011 revealed only the frame of the building was in place with no sheeting panels installed. The planning application was later withdrawn on 22 February On 14 December 2012 a planning application the subject of these appeals, was submitted for change of use of agricultural shed to garage and MOT station. The Council s requisition for information reveals that the alleged use began on 7 January The proposed plans showed a small area of the building was to be used for agricultural purposes the remainder for the industrial use. The Appellant clarified at the hearing that there was no agricultural component for the building s use, and that work had progressed on the building from February 2012 to January 2013 when it was substantially completed. 11. The Appellant maintains that at the time of the prior approval there was a genuine agricultural need for the building, but circumstances changed, and planning applications were submitted for consideration for a change of use. 12. However, by the time of the submission of the planning applications there was no change of use of the building, as the Appellant s own evidence at the hearing and the response to the requisition for information testifies that the building was erected and used from the outset as a garage/mot station. Reliance on UDP Policies D10 and C4 has limited relevance to the development as built. These deal with proposals for adapting buildings for re-use. In addition, the Appellant concedes that the intended appearance of the building granted prior approval differed from the development as built. Shutter doors in the constructed building are located in a different position from that shown on the prior approval, and new smaller windows and doors have been installed, resulting in a building with a different character to that of an agricultural building. 13. The Town and Country Planning (General Permitted Development) Order (GPDO) 1995, as amended, Schedule 2, Part 6, A.2 (2) (v) (aa) states that where prior approval is required, it shall be carried out in accordance with the details approved. Article 3(5) of the GPDO states that permission granted by Schedule 2 shall not apply if the building operations involved in the construction of that building are unlawful. I consider that reliance on the prior approval development does not apply to a building used and constructed for a commercial garage use. I therefore consider the development as a new build industrial business located in the countryside. I note the suggestion that advice was given to pursue and application for a change of use, but that informal advice is not binding on the Council to take enforcement action. 14. UDP Policy D7 permits workshops or small scale industrial business units outside development boundaries. This is provided that it can be shown that the proposed site is the most suitable location to fulfil that need. Preference in the policy is given to existing buildings being used but an exception is allowed where there are no existing suitable buildings available, and the site is physically related to an existing development boundary and adjoins an existing group of buildings or is a previously developed site. The criteria of the policy also relate to the scale of the development being appropriate, that the development includes boundary treatment, and that a dwelling is not needed to serve the development. UDP Policy C1 seeks to ensure that new development is located in a sustainable place in towns and villages and on land within development boundaries. 15. The Appellant indicates that the authorised re-use of a building as a commercial garage on the Gallt-y-Beren farm site, was too small to accommodate the needs of the 3

13 Appeal Decisions APP/Q6810/C/13/ & APP/Q6810/A/13/ enterprise, and there was a requirement to provide additional services. MOTs were previously outsourced to a garage in Llanbedrog some 4.8km away. This was considered costly and unsustainable, due to the additional journeys created, and because the Appellant was seeking to expand to provide MOT testing for Class 7 vehicles (vehicles between 3000kg and up to an including 3500kg in gross weight). The Appellant indicates that this larger type vehicle is increasingly popular with the farming community and building trades, and require larger buildings and equipment than which was available at Gallt-y-Beren. 16. The Appellant claims that the location of the development at Hendre Wen is sustainable and has submitted the locations of his client base in the area, and provided letters in support of the development. He maintains that the development improves the diversity of the economic base in the area, and provides work for two full-time workers, and part-time administrator and cleaner (2 additional workers from the previous site). The business also provides trade and benefits to other local businesses in the area. 17. I have concluded that the development does not utilise an existing building, but is a new building facilitating the use instigated at the outset of the construction. The Appellant indicates that there were no suitable premises available in the locality. The location of Pwllheli s industrial park was discounted because the Appellant would no longer provide a local service to meet the needs of his clients. However, in looking at the client base maps provided, there is a concentration of customers in local centres such as Pwllheli, Efailnewydd, Llanbedrog and Rhydyclafdy. These locations appear to me more sustainable for the pattern and spread of clients than the appeal site, due to the concentration of potential and existing customers. 18. In my view, the Appellant has not shown sufficient evidence to persuade me that the development site is the most suitable location to fulfil the need, and that there are no existing suitable buildings available. I recognise that the existing building at Gallt-y- Beren is no longer suitable for the needs of the business, but the location of the commercial garage has no particular special location needs which cannot be met on an existing designated employment/industrial site. The development is therefore contrary to UDP Policies D5, D7 and C The site is not well located to an existing development boundary, and generally does not adjoin a group of buildings. There are existing buildings on Hendre Wen, the residential dwelling and other farm or domestic buildings, but it does not relate well to these or to the buildings at Gallt-y-Beren, since it is located on a promontory landform overlooking Rhydyclafdy and the B4415. The proposal to landscape the boundary would not overcome this objection in terms of the harm caused to the character and appearance of the area. The proposal does not protect and enhance the Landscape Conservation Area and does not respect the site and surrounding area, in conflict with UDP Policies B10 and B I consider the proposal would fail these UDP policies and would not meet the guidance contained in Planning Policy Wales. I conclude that demand for the use could be met elsewhere where such development would cause less harm, in line with the sustainability credentials of locating development in local service centres or towns. 21. I conclude that the development is not justified in the countryside having regard to the provisions of the development plan. 4

14 Appeal Decisions APP/Q6810/C/13/ & APP/Q6810/A/13/ Highway safety 22. The Appellant has provided speed surveys showing the 85 th percentile wet weather speed, resulting in a requirement for 70m visibility either side of the access. The west side visibility requirement would result in the removal of the hedge, embankment and tree if at least 2m of the minor arm of the road junction is to be met. The required visibility to the east is achieved. 23. The land required to achieve the visibility to the west is in separate ownership. The Appellant indicates that agreement has been reached and has provided a letter from the adjoining landowner. As a result, there is a prospect that the development could provide the required visibility within the lifetime of any permission which may be given. 24. However, the works are not minor in terms of their impact. I therefore conclude that the works required to achieve the visibility would by itself have a harmful effect on the character and appearance of the area, in conflict with UDP Policy B10, which seeks to protect and enhance the Landscape Conservation Area, and is not a development which would be in keeping with the local area, as required by Policy CH33. The appeal on ground (g) 25. The Appellant s case is that 3 months is too short a period to find alternative premises and seeks 18 months, as the period for compliance. The Appellant maintains that there is a lack of suitable premises in the area that could accommodate the business, and is concerned that the logistical problems of re-locating would cause considerable issues for the staff and the future viability of the business. The Council has indicated that it could relax the compliance period to 6 months. 26. In view of my findings on the ground (a) appeal and the planning appeal, and the circumstances of this business enterprise, a period of 12 months would allow time to find alternative accommodation, so that this could be planned and managed over the relevant period. The period of 12 months is tolerable in the interests of the public when considering the considerable burden which is placed on the Appellant. 27. To this limited extent, the appeal on ground (g) succeeds. Conclusion 1. I have found against the development in relation to its impact on the character and appearance of the area, and the justification for the development at this location having regard to the development plan. I have had regard to the overall thrust of national and local planning policy which seeks to support economic growth and employment alongside social and environmental considerations within the context of sustainable development. 2. However, in this instance, I conclude that the benefits in terms of a contribution to economic growth, rural enterprise and employment do not outweigh the harm which is caused to the landscape character and appearance of the area, and the need to ensure new development is located in a sustainable place. 3. In this case the balance is such that permission should not be granted. For these reasons, and taking into account all matters raised, including a reported case of a similar development in Flintshire, and local representations in favour of the development, I conclude that the appeals should not succeed. 5

15 Appeal Decisions APP/Q6810/C/13/ & APP/Q6810/A/13/ I shall uphold the enforcement notice and refuse to grant planning permission on the deemed application, the ground (a) appeal, and the planning appeal. Iwan Lloyd INSPECTOR APPEARANCES FOR THE APPELLANT: Mr B Owen DipTP MRTPI MRICS Mr J Bradshaw BA MSc MRTPI Mr A Parry Ms S Davies Appellant s agent Assisting the agent Appellant Supporting the appellant FOR THE LOCAL PLANNING AUTHORITY: Mr G Evans MSc MA Ms M Davies BA MSc Mr G Roberts B.Eng Civ Eng Planning Enforcement Officer Planning Officer Senior Development Control Officer Transportation Unit INTERESTED PERSON: Cllr A Davies County Councillor DOCUMENTS SUBMITTED AT THE HEARING 1. Council s notification letter 2. Two maps plotting where customers travel from to the garage. 6

16 PWYLLGOR CYNLLUNIO DYDDIAD: 27/04/2015 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD GWYNEDD Number: 7 Appendix 2

17 PWYLLGOR CYNLLUNIO DYDDIAD: 27/04/2015 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD GWYNEDD Application Number: C15/0162/33/LL Date Registered: 02/03/2015 Application Type: Full - Planning Community: Buan Ward: Efailnewydd/Buan Proposal: Location: A PART RETROSPECTIVE APPLICATION TO CONSTRUCT A BUILDING TO BE USED AS A COMMERCIAL GARAGE, CHANGE OF USE OF A BUILDING APPROVED AND USED PREVIOUSLY AS A COMMERCIAL GARAGE AT GALLT Y BEREN TO AGRICULTURAL USE, ALONG WITH PROPOSED IMPROVEMENTS TO THE ENTRANCE TO THE B4415 FROM HENDRE WEN GALLT Y BEREN, RHYDYCLAFDY, PWLLHELI, LL537YP Summary of the Recommendation: TO REFUSE 1. Description: 1.1 The application in question is a partly retrospective application; the retrospective element of the application is to retain a building and use it as a commercial garage with a floor area of 264m 2 near a dwelling known as Hendre Wen, change the use of a building that was approved and used previously as a commercial garage with a floor area of 72m 2 in Gallt y Beren to agricultural use along with modifications to the entrance onto the B4415 from Hendre Wen. The applicant emphasises that he is exchanging the site of one commercial garage in Gallt y Beren for a new site for his business in Hendre Wen. There is no need for planning permission to change the use of a commercial garage to agricultural use. 1.2 The site of the commercial garage is located on a hill to the west of Rhydyclafdy on the southern side of the B4415 in Hendre Wen. The farm of Gallt y Beren, from where the use was moved, is located a short distance away down the road on the northern side of the B4415. The application site is located in open countryside outside recognised settlement boundaries as defined in the Gwynedd Unitary Development Plan (GUDP), and also the site is located within a Landscape Conservation Area. 1.3 Permission has been granted previously for an agricultural shed for storage purposes in Hendre Wen on 1 June In September 2011, a planning application was submitted to change the use of the agricultural building into a garage and MOT centre. The planning application was later withdrawn on 22 February 2012 as it was obvious that the application was not a change of use as the building had not been constructed in accordance with the application which had been previously approved. On 14 December 2012, a further planning application was submitted to change the use of an agricultural shed into a garage and MOT centre. That application was refused on 21 February 2012 on the grounds that the development was a misuse of general permitted agricultural development rights, the prominence of the building, lack of visibility from the entrance to the nearby county road and no justification for locating the building in open countryside. As a result of the refusal of the planning application, an enforcement notice was submitted to terminate the use and demolish the building used as a commercial garage and remove all the materials associated with that use from the site.

18 PWYLLGOR CYNLLUNIO DYDDIAD: 27/04/2015 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD GWYNEDD 1.4 An appeal was lodged against the enforcement notice and the planning refusal to the Planning Inspectorate on 13 August 2013, and both appeals were refused by a decision dated 2 May The enforcement notice was amended to extend the compliance period to 12 months which would end on 4 May It is obvious at the moment that no effort has been made to comply with the requirements of this notice. 2. Relevant Policies: 2.1 Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph of Planning Policy Wales emphasise that decisions should be in accordance with the Development Plan, unless material planning considerations dictate otherwise. Planning considerations include National Planning Policy and the Unitary Development Plan. 2.2 Gwynedd Unitary Development Plan 2009 POLICY B10 PROTECT AND ENHANCE LANDSCAPE CONSERVATION AREAS by ensuring that proposals conform to a series of criteria aimed at avoiding significant damage to recognised features. POLICY B20 SPECIES AND THEIR HABITATS WHICH ARE INTERNATIONALLY AND NATIONALLY IMPORTANT - Refuse proposals which are likely to cause disturbance or unacceptable damage to protected species and their habitats unless they conform to a series of criteria aimed at safeguarding the recognised features of the site. POLICY B22 BUILDING DESIGN - Promote the good building design by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features and character of the local landscape and environment. POLICY B23 AMENITIES - Safeguard the amenities of the local area by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features and amenities of the local area. POLICY B25 BUILDING MATERIALS - Safeguard the visual character by ensuring that the building materials are of high standard and in keeping with the character and appearance of the local area. POLICYC1 LOCATING NEW DEVELOPMENTS - Land within town and village development boundaries and the developed form of rural villages will be the main focus for new developments. New buildings, structures and supplementary facilities in open countryside will be refused with the exception of a development which is permitted under another policy within the Plan. POLICY C4 ADAPTING BUILDINGS FOR RE-USE - Proposals to adapt buildings for reuse rather than demolition will be approved provided specific criteria can be met involving the suitability of the building, visual considerations, design and impact on the vitality of nearby towns and villages. POLICY CH33 SAFETY ON ROADS AND STREETS - Development proposals will be approved if they can conform to specific criteria regarding the vehicular entrance, the standard of the existing roads network and traffic calming measures. POLISI D5 SPECIAL LOCATION NEEDS - In exceptional cases, proposals to locate an industrial or business development on sites that have not been designated or safeguarded for

19 PWYLLGOR CYNLLUNIO DYDDIAD: 27/04/2015 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD GWYNEDD business/industry will be permitted, provided the development has genuine special location needs which cannot be met in an existing designated High Quality Employment or Industrial Site. POLICY D7 RURAL WORKSHOPS OR SMALL-SCALE INDUSTRIAL UNITS/BUSINESSES OUTSIDE DEVELOPMENT BOUNDARIES Proposals will be approved if it can be shown that the development site is the most suitable location to meet the need and comply with criteria relating to using existing buildings the scale, type and design of the development, reducing the visual impact of the development, and no need for a new dwelling to serve the development. POLICY D8 EXPANSION OF EXISTING ENTERPRISES - Proposals involving the expansion/extension/intensification of existing industrial and business or other enterprises will be approved provided that certain criteria can be met involving the suitability of the existing use in terms of the surrounding area and nearby uses and its relationship with the existing work. POLICY D10 - CONVERSION OF BUILDINGS FOR INDUSTRY OR BUSINESS USE - Proposals for change of use of buildings for small-scale industry or business uses will be approved provided the chosen location can be justified and all the criteria met involving the scale and nature of the development and the relationship of the de development with nearby buildings/uses. 2.3 National Policies: Planning Policy Wales, Edition 7, July 2014 TAN 6 Planning for Sustainable Rural Communities (2010) TAN 9 Planning Control Enforcement (1997) TAN 12 Design (2009) TAN 18 Transport (2007) TAN 22 Sustainable Buildings (2010) 3. Relevant Planning History: 3.1 C05D/0704/33/LL Change of use of an agricultural building into a commercial garage on the site of Gallt y Beren Approved with conditions C09D/0124/33/YA Construct an agricultural shed on the site of Hendre Wen - Approved 1 June C11/0927/33/LL Change of use of agricultural shed to an MOT centre (B2) Withdrawn 22 February C12/1628/33/LL retain building as constructed to be used as a garage/mot centre with part of it to be retained for agricultural use on the site of Hendre Wen Refused Enforcement Notice No planning permission to construct a building and change of use from agricultural use to a commercial garage and MOT centre along with associated car park, creating hard standing areas and installing oil tanks Issued 24 July 2013 and came into force on 23 August 2013 and a period of three months was granted to comply with the requirements of the notice.

20 PWYLLGOR CYNLLUNIO DYDDIAD: 27/04/2015 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD GWYNEDD 3.6 Planning and Enforcement Appeal - An appeal was lodged to the Planning Inspectorate against the enforcement notice and the planning refusal on 13 August 2013; both appeals were refused by a decision dated 2 May, The enforcement notice was amended to extend the compliance period to 12 months that would end on 4 May, Consultations: Community/Town Council: Transportation Unit: Natural Resources Wales: Welsh Water: Biodiversity Unit: Public Protection Unit: Public Consultation: Support No objection to the proposal and offering standard conditions regarding the work to the entrance. Advise that any planning permission granted should include a condition to ensure that there is no pollution of water courses as a result of the business on the site. Note that the waste produced as a result of the business on the site should be disposed of in an appropriate manner and a consultation should be sent to the Council s ecologist to ensure that the development does not have a detrimental effect on any protected species. Not received. Not received. Not received. A notice was placed on the site and nearby residents were informed. The advertising period ended and correspondence was received objecting on the following planning grounds: The building was constructed without planning permission; Approving the building would set a dangerous precedent for other similar businesses / developments to establish; The building is an eyesore and should be demolished; The business could relocate to a purpose built building/site locally; The matter had been through the appeal process and the decision to refuse a previous planning application and to issue an enforcement notice has been supported by the Planning Inspectorate. No objection to the existing business but concern that the business would grow to sell vehicles and as a consequence the site would become untidy. In addition to the above, objections were received that were not valid planning objections and included the following: The building does not satisfy the necessary standards for industrial buildings; Dissatisfied with the standard of service; A large number of correspondence was received in support of / providing observations on the application on the grounds of:

21 PWYLLGOR CYNLLUNIO DYDDIAD: 27/04/2015 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD GWYNEDD The building is not an eyesore and does not spoil the area more than any other agricultural building; Support should be given to businesses in the countryside which provide full-time and part-time jobs for local people; The service offered by the business is of a high standard; The Council should support successful family businesses; The business contributes positively to the local economy; The business is a means of agricultural diversification and is necessary for the success of the original farming business; The location of the business is convenient and sustainable for local customers; The business has been relocated from its original location in Gallt y Beren because it was not possible to expand the business on that site and this site improves the provision for customers; Closure of the garage would lead to job losses; The proposal does not have a detrimental effect on the amenities of residents as it is located in the countryside far away from any private dwellings; The business is neat and tidy; Landscaping and an alternative finish to the building would assist in concealing the impact of the building on the landscape; The local community supports the application; The improvements to the entrance means that it will not have an impact on road safety; An agricultural building was approved previously on the site and there is almost no change when comparing the building that was given permission at that time with the building which is the subject of this application; 5. Assessment of the relevant planning considerations: Principle of the development 5.1 When considering this application, it is necessary for us to consider the decision to refuse the appeal by the Planning Inspectorate for a previous application and enforcement notice. For information, a copy of the appeal is attached to this report. 5.2 Policy C4 and D10 of the GUDP approves proposals to adapt buildings for re-use rather than demolishing them depending on compliance with criteria. As it is obvious that the building has not been constructed in accordance with the plans of the agricultural decision and has never been used as an agricultural shed, policies C4 and D10 of the GUDP are not relevant to the application in hand and the content of the appeal decision confirms this view. 5.3 In his statement to support the application, the applicant states that it is necessary to relocate the business as a commercial garage from the existing building near the farm buildings in Gallt y Beren. Furthermore, he states that he has moved to the building which was the subject of the application and agricultural decision in 2009 following amendments and a reduction in the size of the holding and farm business which

22 PWYLLGOR CYNLLUNIO DYDDIAD: 27/04/2015 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD GWYNEDD meant that there was no further need for that building for the agricultural business. Paragraphs 12 and 13 of the appeal decision, which has already been referred to, notes that the building constructed as a commercial garage was of a different design to the agricultural building on the decision and that it was used from the start as a commercial garage. In addition, the Inspector stated that the applicant s reliance on a previous decision for an agricultural building is not relevant and, furthermore, the Inspector considers that relying on the decision in question is a misuse of permitted development rights under Part 6 of the Town and Country Planning Order (General Permitted Development Rights) Consequently, it is considered that this business is an industrial business in a new building in open countryside. 5.4 As the development is an industrial one, it is crucial to consider whether the development has special location needs under policy D5 of the GUDP, but there are no exceptional needs here to locate a business on this specific site, bearing in mind that the applicant has an established business in a shed on the family farm adjacent to the current site approximately 280 metres from the site. It is noted in the applicant's statement that he intends to expand his business to a larger building and he states that relocating to a purpose-built industrial estate locally is not an option. He also refers to other sites in the Dwyfor area which are available for various reasons but he notes that these sites are not ideal for several reasons such as location and rental costs or the costs of purchasing such an unit. Also, reference is made to other commercial garage businesses that exist in the area, several of these are businesses that are located either within development boundaries in the Gwynedd Unitary Development Plan or are long-established. The applicant alleges that this site is more sustainable than other sites locally because of the location of his clients and the business provides employment for three full-time and three part-time workers. Despite this, there is no justification why such a development cannot be located within development boundaries in local towns or villages nearer to those clients. In addition, the applicant states that the development is a means of agricultural diversification but as has already been stated, no evidence was submitted of this on the previous applications and on the appeal and there is no evidence to show why there is a need to locate the business on this site and not on a more suitable alternative site. 5.5 No evidence or justification has been submitted (in addition to what was submitted to the Inspector during the appeal), to convince the Council that this site is suitable for such an industrial development and the applicant s desire to expand the enterprise is not a sufficient reason to justify a new industrial unit in open countryside. Whilst recognising that the building in Gallt y Beren is unsuitable for a business of this type, this commercial garage has no specific special location needs that could not be met on other purpose-built employment/industrial sites in the region. Therefore, the proposal is contrary to policies C7, D5 and D8 of the GUDP. 5.6 Policy D7 of the GUDP states that proposals for workshops/industrial units will be approved on a small scale if it can be shown that the site of the development is the most suitable location to meet the need and if they fit in to the area. The policy encourages using sites near to groups of buildings or sites that have been previously developed. In addition, they should be in-keeping with the rural background. In this case, there is no close connection to similar buildings as it stands alone, except for the farmhouse, in a prominent position on a hilltop with such an industrial finish that it stands out as an incongruous feature in the countryside. The applicant has provided a landscape statement from AAH Planning Consultants, noting that the visual impact of the development could be mitigated by means of planting and landscaping and changing the design and finish of the building. The landscape statement shows that the proposals suggested in the statement would go part of the way in negating the

23 PWYLLGOR CYNLLUNIO DYDDIAD: 27/04/2015 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD GWYNEDD impact of the development. However, the site is not located near a group of buildings and it is not previously used land as defined in Planning Policy Wales. Although the applicant states that the previously used building in Gallt y Beren is to be returned to agricultural use, it is not considered that this in itself would overcome the negative effects of the development and as already noted, planning permission is not required to change this specific use. Also, paragraph of Policy D7 states specifically that the Local Planning Authority will consider applications to convert buildings that are permitted under agricultural use rights carefully in order to prevent the misuse of permitted planning development rights. Therefore, it is considered that the development is contrary to policy D7 of the GUDP. Transportation 5.7 A private road serves the site with the entrance joining the class 2 county road, namely the B4415 to Rhydyclafdy. The applicant has provided a plan to show modifications to the entrance to the site by locating it to the east of its existing location. In addition, the applicant has submitted a traffic assessment (this was submitted to the appeal also), which confirms that a visibility splay of 70m is required in each direction. In his appeal decision the Inspector stated that there would be a need to remove the hedge and a tree to ensure the necessary visibility and the Inspector was of the opinion that this would have a detrimental effect on the character and appearance of the area. The hedge and the tree in question have already been removed from the site. In response to the consultation, the Council s Transportation Unit state that they have no concerns regarding the proposal in terms of road safety and they offer standard conditions regarding the standard of the entrance should the application be approved. Although it is realised that this work would provide the sufficient visibility, it is considered that this work would have a detrimental effect on the character and appearance of the area, contrary to Policies B10 and CH33 of the GUDP. Visual Amenities 5.8 The building, which is of an industrial appearance, stands on its own, except for two farmhouses, in an elevated and open position on a prominent hill within a Landscape Conservation Area. The site and local area is typical of the character and undulating landscape of the Llŷn area which is of a medium standard according to the LANDMAP landscape assessment method. As noted above, it is considered that the work of landscaping and planting and changing the finish to a dark green colour would possibly negate some of the impact of the development but it is considered that it would continue to stand out prominently as an industrial feature which is incompatible with the type of buildings expected on a farm in a countryside location and in a Landscape Conservation Area. The statement submitted with the application refers to a building on a nearby site in Bodsela which has been finished in light-grey corrugated sheeting and it is confirmed that a condition was imposed on that planning permission for an alternative colour and this is the subject of action by the Planning Service's Enforcement Unit. In addition, the appeal decision states that a proposal to landscape the boundary would not outweigh any of the objections to the visual impact of the development. As noted above, the site is not located well in relation to other buildings and the existing development boundary. Therefore, it is considered that the proposal is contrary to policies B10, B22, B25 and D7 of the GUDP. Residential Amenities 5.9 The aim of policy B23 of the GUDP is to safeguard the amenities of the local neighbourhood by ensuring that proposals conform to a series of criteria aimed at protecting the recognised features and amenities of the local area. It is understood that the applicant lives in the dwelling known as Hendre Wen near the application site.

24 PWYLLGOR CYNLLUNIO DYDDIAD: 27/04/2015 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD GWYNEDD There are no other residential houses located in the area. Therefore, it is not considered that there would be any adverse effect on the amenities of nearby residents. Also, no observations were received from the Council s Public Protection Service. Taking this into consideration, it is considered that there would be no unacceptable impact on the amenities of nearby residents and the proposal complies with policy B23 of the GUDP. Biodiversity 5.10 Policy B20 of the GUDP states that proposals will be refused if they are likely to create a disturbance or unacceptable harm to protected species and their habitats, and the site in question is not located within or in close proximity to any recognised conservation designations. The response of the Council s Biodiversity Unit was not to hand when completing this report but a response was received from Natural Resources Wales proposing standard conditions should the Council wish to approve the application. The Inspector did not raise any concerns in the recent appeal regarding biodiversity matters. Taking this into account, there are no concerns regarding the impact of the development on biodiversity and it is considered that the development complies with policy B20 of the GUDP. The response to the public consultation 5.11 It is apparent from the response to the public consultation, the response of the Local Councillor and the Community Council that there is strong support for the business in the local area as it provides a service locally and provides employment. Whilst the Council supports local business development and employment, it must be ensured that such developments are located sensitively and in compliance with the policies listed above. Some of the correspondence that was received raised matters that are not material to planning, such as family circumstances, the standard of service and whether the building in question complies with building standards and safety for such buildings. However, it is considered that the observations dealing with planning matters have received due consideration as part of this assessment. 6. Conclusions: 6.1 Following consideration of the relevant planning policies, it is considered that the proposal will have an unacceptable impact on the character of the area and there is no justification for locating the development on this site. Consideration has been given to the fact that local and national planning policies in general support economic growth and employment in the countryside. Despite this, in this case, the advantages of the development do not outweigh the damage to the landscape and its location in an unsustainable site. It is considered that the development does not comply with relevant policies of the GUDP or the guidelines provided in Planning Policy Wales.»«It is crucial to emphasise also that the decision of the Planning Inspectorate on behalf of Welsh Ministers to refuse the application supports the view of the Council in this case to refuse an appeal against the refusal of the previous planning application and enforcement notice, and no additional evidence has been submitted with this application that would lead to reversing the Inspector s decision. 7. Recommendation: 7.1 Refuse - reasons 1. It is considered that the proposal is tantamount to constructing a new industrial building in the countryside and it is impossible to consider this proposal as changing

25 PWYLLGOR CYNLLUNIO DYDDIAD: 27/04/2015 ADRODDIAD UWCH REOLWR GWASANAETH CYNLLUNIO AC AMGYLCHEDD GWYNEDD the use of an existing building. There is no justification for its location in open countryside and no special location needs exist for this development. Therefore, the proposal is contrary to policies D5, D7, D8 and C1 of the Gwynedd Unitary Development Plan (July 2009). 2. The building as it was constructed and because of its colour, openings and finishes is prominent as an obvious industrial feature that does not respect and is not in keeping with the character of such open countryside that has been designated as a Landscape Conservation Area. Also, the work to the entrance would have a detrimental effect on the character and appearance of the area. Therefore, it is considered that the proposal does not comply with the requirements of policies B10, B22 and B25 of the Gwynedd Unitary Development Plan (2009).

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