CYNGOR GWYNEDD COUNCIL

TOWN AND COUNTRY PLANNING ACT 1990

Statement by Gwynedd Council in respect of the appeal made by Mr P Thomas, against the non determination in deciding an application to erect a substantial garage with store above following demolition of two agricultural buildings on land at Nyth Cacwn Farm, Abersoch, Pwllheli, Gwynedd.

Assembly Reference No: / APP/Q6810/A/11/2154269/WF
Council Reference No: / C10D/0489/39/LL

1. The appeal site and its surroundings

1.1 Nyth Cacwn Farm is positioned in designated open countryside in an unobtrusive location behind a large touring caravan site. The property is well screened with mature trees along the southern and part of the western boundary, with open elevated fields to the north west of the site.

1.2 Nyth Cacwn Farmhouse is a stone built property which has undergone previous extensions. Set in 0.42 hectaresof land, the agricultural use of the site appears to have ceased. At the time of application there was three redundant agricultural sheds positioned to the west of the dwelling house (See Appendix 1 showing the site at time of the application and Appendix 2 showing an aerial photograph of the site dated 25 July 2009). The agricultural sheds have now been demolished and the building approved under application C10D/0387/39/Ll has been erected. The site has been recently landscaped and altered extensively, matters of which are currently being investigated by the Planning Enforcement Service. (See Appendix 3showing the site currently )

1.3 Access is gained to the site along a private way which services both Nyth Cacwn Farm and Nyth Cacwn Bach and passesthrough Gwel y Mor Caravan Site off the A499and the track is also a designated Public Footpath.

1.4 The site is situated well outside the development boundary of Abersoch village in open countryside and identified as a Landscape Conservation Area designated by the adopted Gwynedd Unitary Development Plan 2001 – 2016.

2.Relevant Planning History

2.1Application No. C11/0531/39/LL – Extension to curtilage and retention of access track - Registered date 10 June 2011 – PENDING

2.2Application No. C10D/0387/39/LL – Erect garage and store on site of old agricultural shed to be demolished: Approved 3 December 2010

2.3Application No. C05D/0351/39/LL – Amended application – Alterations and extension to dwelling: Approved 12 July 2005

2.4Application No. C05D/0112/39/LL - Alterations and extension to dwelling: Refused 26 May 2005

3.Relevant Development Plans and Policies

3.1The relevant development plan for the area is the Gwynedd Unitary Development Plan adopted by Gwynedd Council on 16 July 2009.

3.2Copy of policies B10, B22, B23, B24, B25, C3, and CH9 which are relevant to this appeal were enclosed with the Council’s questionnaire.

3.3Section 38(6) of the Planning and Compulsory Purchase Act 2004 and paragraph 2.1.2 of Planning Policy Wales (June 2010) emphasise that decisions should be taken in accordance with the Development Plan, unless material considerations indicate otherwise. Material considerations include the Gwynedd Unitary Development Plan.

3.4Technical Advice Note 12 – Design (2009)

3.5Planning Policy Wales (Edition 4)(2011) Chapter 4, Fig.4.1.

4. Design & Access Statement:

4.1 Under the requirements of the Town & Country (General Development Procedure) (Wales) Order 2009 a Design & Access Statement is required to support this application given that the proposal is for the erection of a building outside the residential curtilage of the application site. Technical Advice Note 12 – Design is clear in the advice given. The Design and Access Statement is a material consideration that the decision maker must have regard to when considering the application. The applicant has demonstrated through the design & access statement that consideration has been given to character, movement, environmental sustainability, community safety and access.

4.2The Design & Access statement has raised uncertainly to the exact nature of the application. The application as submitted seeks planning permission for the erection of a ‘L shaped’ garage/store building. However the Design and Access Statement states the first floor of the building will be utilised as storage, home office / workshop / or to accommodate a dependant relative in the future.

4.3The authority is aware that it must determine the application presented to it and not possible uses in the future. However in order to fully assess the proposal it must be clear as to exactly what the application is seeking permission for and as stated above the Design and Access Statement is a material consideration that the decision maker must have regard to when considering the application. Given this the Local Planning Authority requested clarification form the applicants’ agent detailing the ground floor and first floor demonstrating the exact use. Numerous emails were exchanged between the Local Planning Authority and the agents to overcome this issue however, it was not fully resolved and the applicant decided to appeal on non determination.

4.4The Design and Access statement has been given due weight and consideration in the determination of the application but it has not altered the recommendation made.

  1. Assessment of the proposal
  2. The application site is located on the site of a former agricultural building outside of what is to be considered the residential curtilage of the adjacent dwelling.
  3. The proposed building is a ‘L shaped’ oak frame building to provide a garage /store with 6 possible parking bays and storage area on a first floor within the roof space. The building measures approximately 12m in length, 6m in width with a ridge height approx 5.5m.
  4. The ground floor area measures approximately 108m² with further 108m² floor area at roof space, with approx 70m² of which could be argued as usable. The total usable floor area is calculated to be approx178m² which is considered a substantial garage /store building in comparison to the dwelling house measuring approx 240m², and a garage previously granted measuring approx62m² set within a property of 1.42 hectares.
  5. The Council questions the justification of an additional possible 6 bay garage/ store building of this scale bearing in mind that a 3 bay garage / store building has already been approved in December 2010 under planning reference C10D/0387/39/LL in a position nearer to the dwelling house. The building approved measured approximately 12.5m in length, 5m in width, and 4m to ridge approx 62.5m² which is considered to be a reasonable size garage for such a property.
  6. Although the proposal is of good quality in terms of design and materials the building by virtue of its substantial size, mass, scale and design is not considered subservient and sympathetic to the main dwelling house and as such would be a discordant and incongruous feature. Furthermore given the design and bulk of the proposal it is considered that the development would visually be tantamount to the erection of a dwelling in open countryside.
  7. The Council can appreciate that the appellant intends to visually enhance the site by demolishing the dilapidated agricultural sheds. However agricultural buildings are a common feature within open countryside and have locational and economic justification for their erection and are also supported in Local and National planning policy. The applicants regard the proposal as the re-use of previously developed land, however Fig.4.1, Chapter 4 PPW and GUDP xiii clearly states that the site of former agricultural buildings are excluded from the definition of previously developed land.
  8. Due to this the current proposal must be considered in its context as the erection of a domesticated building outside the residential curtilage of the property for which no justification has been presented to the Authority other than the fact that agricultural buildings were located on this site previously.
  9. By the nature of the proposed building and use, the proposal is tantamount to an extensive extension to the residential curtilage for which no permission has been sought. The design and access statement clearly demonstrates the intended use of the site. Cumulatively the proposal would result in the domestification of a large area of land between the dwelling and the building with additional residential paraphernalia.
  10. Following the submission of application C11/0531/39/LL (part retrospective application) it became apparent that the applicants are in ownership of additional land not demonstrated in the application subject of this appeal. However at the time of application the Local Planning Authority were of the opinion that the property formed a holding of 0.42 hectares as demonstrated on the location plan. For a holding of that size it was considered reasonable and justified for the authority to question the need for such a large ancillary building. This further demonstrates the ambiguity of the application submitted.

6.Comments of the appellant’s grounds of appeal

6.1The Council would agree with the appellant in so far that it does not consider that the proposal would have a detrimental visual impact on the character of the Landscape Conservation Area as the property is sited in an unobtrusive location well screened by trees and elevated land to the rear therefore, would not be contrary to Policy B10.

6.2Furthermore, the Council would agree that the proposal is not likely to harm the amenities of the local community or compromise the neighbours privacy as the dwelling house itself screens the development from the only neighbours view therefore the proposal is not contrary to Policy B23.

6.3Whilst it may be apparent that the agricultural use of the site and buildings has recently ceased the permitted use of the land remains to be agricultural. Whilst the appellant argues that the proposed garage/ store will enhance the site and involve a substantial reduction in the amount of built development at the site the fact remains that agricultural buildings are excluded from the definitionof previously developed land therefore, this is considered as new building in open countryside outside the domestic curtilage of the property where a clear change of use from agriculture to domestic purpose appears to be occurring.

6.4Bearing in mind the overall size of the proposed garage / store building the Council considerers that the description as ‘substantial garage’ is totally justified as the proposal is not a typical garage in so far as size, scale nor design. A 6 parking bay garage, on two levels measuring approx. 12m in length, 6m in width with a ridge height approx 5.5m with approx178m² usable floor area is not considered standard garage size.

7.Conclusions & Recommendation

7.1For the reasons listed below it is requested that the appeal is dismissed for the following reasons:

i.Although the proposal is of good quality design which may be more visually attractive than the former agricultural sheds, the Council considers that its substantial size, mass, design and scale would not be subservient and sympathetic to the main dwelling house and would be a discordant and incongruous feature within the landscape, therefore contrary to Policy B22 and B24 of the GUDP.

ii. The Council considers that insufficient justification has been presented to justify approving an additional garage /store building on this site of a substantial scale by virtue of its two storey construction and excessivefloor area. Cumulatively theproposal and the existing permitted garage /store would be considered an over-development of the property and contrary to Policy B22 and B24.

iii. By virtue of its siting, design and appearance the Council are of the opinion that the building is tantamount to new dwelling in open countryside therefore contrary to Policy CH9 of the GUDP.

7.2As submitted the proposal is considered unacceptable in its current form given the aforementioned reasons. Given the conflicting information from what the applicant wants to achieve and what the agent has submitted it is recommended that the current application be refused. An application should be submitted that clearly delineates the proposed uses of the site including any extended areas of curtilage. The proposed building should be reduced substantially in terms of height and bulk and show exactly how it is to be utilised and should they wish to install infrastructure such as a septic tank the details should be submitted as part of an application.

8.Recommended Conditions

8.1Should the planning inspectorate be minded to approve the application the Local Planning Authority would recommend the following conditions and reasons:

i.Rhaid cychwyn ar y datblygiad y cyfeirir ato yn y caniatad hwn dim hwyrach na phum mlynedd o ddyddiad y caniatad yma. / The development to which this permission relates shall be begun not later than five years form the date of this permission.

ii.Rhaid defnyddio’r modurdy / storfa ar gyfer defnydd domestig yn unig a ni chaniateir i unrhyw fasnach neu fusnes o unrhyw fath gael ei gynnal yn / neu o’r modurdy sy’n destyn y caniatad hwn. / The garage /store shall be used for domestic purpose only and no trade o’r business of any kind shall be carried out in or from the garage which is subject to this permission.

iii.Gorchuddir to'r datblygiad â llechi Cymreig naturiol newydd, y bydd rhaid cytuno ar eu lliw yn ysgrifenedig gyda'r Awdurdod Cynllunio Lleol, neu gyda llechen arall sydd yn debyg o ran lliw, gwead a nodweddion hinsoddi fel ag a gymeradwyir yn ysgrifenedig gan yr Awdurdod Cynllunio Lleol / The roof of the development shall be covered with new natural Welsh slates, the colour of which shall be agreed in writing by the Local Planning Authority or with slates of equivalent colour, texture and weathering characteristic as may be approved in writing by the Local Planning Authority.

Reasons

i.Cydymffurfioâ Deddfau Cynllunio Gwlad a Thref. / To comply with the Town and Country Planning Acts.

ii. I sicrhau datblygiad trefnus y safle / To ensure orderly development of the site.

iii.Er lles mwynder gweledol / In the interests of visual amenity.

9.Appendices

9.1Appendix 1 – Photographs taken on 14 January 2011 at time of the application.

9.2Appendix 2 – Photograph of the site dated 25 July 2009 Gwynedd Council Aerial Survey.

9.3Appendix 3 –Photographs taken 22 July 2011 showing the site as it is currently.