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The Planning Committee considered applications on 11 September 2024. Members deferred a plan for 20 affordable homes in Penmaenmawr so that a further site visit can be made, and were minded to grant four other applications, including a noise variation for a go-kart track that goes against officer advice and will return to the committee.
No apologies for absence were received.
Councillor Gwennol Ellis declared a personal interest in Agenda item 5(b) - Code Ref: 0/51739 - Go Kart Race Track, Glan y Gors, Cerrigydrudion (A5t) Conwy, LL21 0RU, as her daughter worked at the venue approximately a decade ago. As the interest was not considered prejudicial Councillor Ellis remained in the meeting whilst the matter was being discussed. Councillor Nia Owen declared a personal interest in Agenda item 5(e) - Code Ref: 0/51884 -. Garej Ty Gwyn, Parc Ty Gwyn, Llanrwst, Conwy, LL26 0PQ, as her husband is the applicant and she is a director. As the interest was considered prejudicial, Councillor Owen left the meeting whilst the matter was debated and voted on. Councillor Ifor Lloyd declared a personal interest in Agenda item 5(d) - Code Ref: 0/51784 - Ysgol Bod Alaw, Abergele Road, Colwyn Bay, Conwy, LL29 7ST, as his sister worked at the school. As the interest was considered prejudicial, Councillor Lloyd left the meeting whilst the matter was debated and voted on. Councillor Jo Nuttall declared a personal interest in Agenda item 5(c) - Code Ref: 0/51782 - 14 Pine Grove, Rhos on Sea, Colwyn Bay, Conwy, LL28 4LW, as she is a Local Member for Rhos on Sea and had predetermined the application. As the interest was considered prejudicial, Councillor Nuttall left the meeting whilst the matter was debated and voted on.
None reported.
Decision as recorded
RESOLVED- That the minutes of the Planning Committee held on 31 July, 2024 and 14 August, 2024 be approved and signed as a correct record.
The minutes of the Planning Committee held on 31 July 2024 and 14 August, 2024 were submitted for approval. RESOLVED- That the minutes of the Planning Committee held on 31 July, 2024 and 14 August, 2024 be approved and signed as a correct record.
Decision as recorded
RESOLVED: That consideration of the application be deferred. Note: Ms Lauren Eaton-Jones (Joint Applicant) and Councillor Cathy Augustine (one of the local Ward Members for Penmaenmawr), who were registered to speak, did not speak as a consequence of the decision to defer consideration of the application.
Members were informed that the Council’s Solicitor had been made aware of concerns raised over the way in which the site visit was undertaken and as a result, advised that consideration of the application be deferred to allow for a further site visit to be undertaken. RESOLVED: That consideration of the application be deferred. Note: Ms Lauren Eaton-Jones (Joint Applicant) and Councillor Cathy Augustine (one of the local Ward Members for Penmaenmawr), who were registered to speak, did not speak as a consequence of the decision to defer consideration of the application.
Decision as recorded
RESOLVED: (a) That the Planning Committee be minded to grant conditional planning permission. (b) That, in accordance with approved procedure, the application be referred back to the next meeting of the Planning Committee for further consideration, as the resolution was contrary to the officer’s recommendation. Note: Councillor Gwennol Ellis declared a personal interest in the above item, as her daughter worked at the venue approximately a decade ago. As the interest was not considered prejudicial, Councillor Ellis remained in the meeting whilst the matter was being discussed.
Further to site inspection, Mr Davies (Applicant) spoke in support of the application. An addendum to the report was presented, highlighting the following: · The receipt of additional representation from the applicant. · A response from the Environmental Health Officer (EHO) in relation to the applicant’s additional representation. · The Principal Planning Officer advised that during the site visit, a single go kart was driven around the track, so Members could appreciate the noise, however, it was acknowledged that at the time of the site visit no race meeting was underway and there was only one vehicle on the track, which should be taken into account as on race days there could be up to 20 vehicles on the track at one time. The Local Electoral Division Member, Councillor Gwennol Ellis, spoke in support of the application and made reference to the following: · The importance of the business to the economy of Uwchaled and the rural area generally, in accordance with Technical Advice Note (TAN) 6. · Not received any complaints about the noise by local residents or neighbours. · Supporting tourism in accordance with TAN 13. In considering the application, reference was made to the following: · Comparisons were made with other circuits · The impact of noise on the amenity of the neighbouring properties · Other sources of noise e.g. traffic on the A5 and farm machinery · Landscaping/mitigation · Supporting the local economy/wider tourism The Principal Environmental Health Officer advised on the scope of legislation relating to statutory nuisance and the Principal Planning Officer made reference to advice in Planning Policy Wales, that the planning system must protect amenity and it was not acceptable to rely on statutory nuisance under the Environmental Protection Act 1990 to do so. The Development and Building Control Manager made reference to the site’s current operating hours and advised Members to consider the application on its own merits and give consideration to the surrounding area. The need to consider the impact of the noise on the amenity of the area and impact was also reiterated. Contrary to the officers’ recommendation, Members were minded to grant conditional planning permission on the following grounds: i) Support for the rural economy in accordance with TAN6 ii) The objections are all from three households who live to the south of the A5, which are already subject to traffic noise iii) Support for tourism, locally and nationally in accordance with TAN13. As the proposal was contrary to policy, Members were informed that application would be referred back to the next Committee meeting of the Planning Committee for further consideration. RESOLVED: (a) That the Planning Committee be minded to grant conditional planning permission. (b) That, in accordance with approved procedure, the application be referred back to the next meeting of the Planning Committee for further consideration, as the resolution was contrary to the officer’s recommendation. Note: Councillor Gwennol Ellis declared a personal interest in the above item, as her daughter worked at the venue approximately a decade ago. As the interest was not considered prejudicial, Councillor Ellis remained in the meeting whilst the matter was being discussed.
Decision as recorded
RESOLVED: (a) That the Planning Committee be minded to grant conditional planning permission. (b) That the Development and Building Control Manager be authorised to determine the application under delegation. Note: Councillor Jo Nuttall declared a personal interest in the above item, as she is a Local Member for Rhos on Sea and had predetermined the application As the interest was considered prejudicial Councillor Nuttall left the meeting whilst the matter was being discussed.
Members were supportive of the application. RESOLVED: (a) That the Planning Committee be minded to grant conditional planning permission. (b) That the Development and Building Control Manager be authorised to determine the application under delegation. Note: Councillor Jo Nuttall declared a personal interest in the above item, as she is a Local Member for Rhos on Sea and had predetermined the application As the interest was considered prejudicial Councillor Nuttall left the meeting whilst the matter was being discussed.
Decision as recorded
RESOLVED: (a) That the Planning Committee be minded to grant conditional planning permission. (b) That the Development and Building Control Manager be authorised to determine the application under delegation. Note: Councillor Ifor Lloyd declared a personal interest in the above item, as his sister worked at the school. As the interest was considered prejudicial Councillor Lloyd left the meeting whilst the matter was being discussed.
An addendum to the report was presented, highlighting no objection from Conwy County Borough Council’s Highways Officer. Members were supportive of the application. RESOLVED: (a) That the Planning Committee be minded to grant conditional planning permission. (b) That the Development and Building Control Manager be authorised to determine the application under delegation. Note: Councillor Ifor Lloyd declared a personal interest in the above item, as his sister worked at the school. As the interest was considered prejudicial Councillor Lloyd left the meeting whilst the matter was being discussed.
Decision as recorded
RESOLVED: (a) That the Planning Committee be minded to grant conditional planning permission. (b) That the Development and Building Control Manager be authorised to determine the application under delegation. Note: Councillor Nia Owen declared a personal interest in the above item, as her husband is the applicant and she is a director. As the interest was considered prejudicial, Councillor Owen left the meeting whilst the matter was being discussed. .
An addendum to the report stated that no Direction had been issued by the Welsh Government (Transport). RESOLVED: (a) That the Planning Committee be minded to grant conditional planning permission. (b) That the Development and Building Control Manager be authorised to determine the application under delegation. Note: Councillor Nia Owen declared a personal interest in the above item, as her husband is the applicant and she is a director. As the interest was considered prejudicial, Councillor Owen left the meeting whilst the matter was being discussed. .
Councillors must say when they have a personal link to something being discussed, such as a job, a property or a family member. A prejudicial interest is one strong enough that the councillor usually leaves the room and takes no part.
Gwennol Ellis: Personal interest on Code Ref: 0/51739 - Variation of condition nos. 9 & 10 of planning approval 0/24709 (Extension to go kart circuit) for each go kart used on the raceway to not generate noise exceeding 102db and the use of the extended raceway track to be used for a maximum of 15 race meeting (Saturday to Sunday) in any calendar year only. Go Kart Race Track, Glan y Gors, Cerrigydrudion (A5t) Conwy, LL21 0RU.
Her daughter worked at the venue about a decade ago. The interest was not considered prejudicial, so she stayed in the meeting.
Jo Nuttall: Personal and prejudicial interest on Code Ref: 0/51782 - Change of use from garden room to hair salon. 14 Pine Grove, Rhos on Sea, Colwyn Bay, Conwy, LL28 4LW.
She is a Local Member for Rhos on Sea and had predetermined the application. As the interest was considered prejudicial, she left the meeting for the item.
Ifor Lloyd: Personal and prejudicial interest on Code Ref: 0/51784 - The proposal is to install a pre-fabricated temporary building that will be used for the Cylch Meithrin Facility for local children. The proposal includes cold pour rubber crumb footways that will be used to access the facility by parents and children. The footways will be positioned in such a way to avoid any root zones where possible. The building structure will be secured to existing ground using ground screws to avoid any root zones that may be disturbed by the installation. The development will include varying ecological measures including bird, bat and swift box building mounted housings as well as rainwater harvesting. The building will house ultra-low energy plant and electrical items. Ysgol Bod Alaw, Abergele Road, Colwyn Bay, Conwy, LL29 7ST.
His sister worked at the school. As the interest was considered prejudicial, he left the meeting for the item.
Nia Owen: Personal and prejudicial interest on Code Ref: 0/51884 - Regularisation of siting of existing building approved under planning approval 0/41782 and erection of new 8m x 10m extension to existing building (Partly retrospective). Garej Ty Gwyn, Parc Ty Gwyn, Llanrwst, Conwy, LL26 0PQ.
Her husband is the applicant and she is a director. As the interest was considered prejudicial, she left the meeting for the item.
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