Agenda item

To consider a retrospective application for the formation and alterations of existing fishing ponds including the removal of trees. Proposed erection of 7 ““ Angler Shelters ““ to provide welfare facilities and overnight accommodation for anglers, including connection to existing septic tank and associated works at Pen Y Ffrith, Llanarmon Yn Ial, Mold, CH7 4QX (copy attached).

A retrospective application was submitted for the formation and alterations of existing fishing ponds including the removal of trees. Proposed erection of 7 ““Angler Shelters ““ to provide welfare facilities and overnight accommodation for anglers, including connection to existing septic tank and associated works at Pen Y Ffrith, Llanarmon Yn Ial, Mold, CH7 4QX (copy attached).

Public Speaker –

Mr Brian Lewis (For) - informed members he was the agent speaking on behalf of the Applicant. He confirmed that the Applicant had noticed that the site required repair work, as the Applicant began the work at the site it was noted that scope of the work escalated. The work he completed prior to the application included plugging a considerable number of leaks, removing original land drains and reinforcing the banks. He confirmed as soon as the urgent works had been completed, work stopped and the application was actioned. As a result of the work the size of the ponds had increased. Three ponds at the site had been restocked with fish.

The Applicant regretted he did not fully understand his responsibility with regards to the removal of 35 trees at the site. When advised of the regulations the Applicant immediately stopped work and submitted the application. Negotiations had begun with Natural Recourse Wales, Council Tree officer and the Council enforcement officer to an agreement was reached to plant 1500 trees at the site with a 130m of hedging. It had always been the intention to replace the trees.

Currently there was no shelters at the site. With growing demand for improved facilities the Applicant wished to meet the demands and attract additional visitors by providing shelters for anglers and their families. The shelters would provide tea making, toilet and shower facilities.  The shelter would be positioned around the pond and faced towards the pond and orientated to avoid overlooking of each other.  The development would make a net contribution to the family business along with a financial contribution to the locality. The proposal has a low impact on the location and is appropriate in scale and nature. The proposal would enhance the landscape and ecology would not be detrimental to the AONB. 

General Debate – Councillor Martyn Holland (Local Member) informed the committee in principal he supported the application as he felt it was in line with the tourism policy, coarse angling was a major participation sport in the UK and would be positive for the area and tourism businesses. It was his understanding that there would only be seven lodges and built in tune with the environment. The lodges would not be used for long term accommodation. Councillor Holland raised a concern on behalf of himself and the Community Council the disappointment in the application being presented in retrospect of actions having already started. The ponds have been considerably enlarged. More awareness of the tree preservation orders in place should have been made.

The Chair directed members to the additional information on the supplementary papers – with a change of wording to condition 4 to the application. He also confirmed that within the report it noted the area was in River Usk catchment area and should read the River Dee.

Officers confirmed they could liaise with the local member with regard to the planting plan and how it progressed. A revised condition had been imposed to ensure that the loss of the trees was mitigated.

Councillor Merfyn Parry sought reassurance that the applicant would comply with the conditions linked to concerns raised by NRW. Officers recommended the conditions and were in agreement they met the tests for conditions and were reasonable. Planning officers would have to monitor and enforce if conditions were not met.

Councillor Christine requested clarity on condition 6 – external lighting, with the position of the site being in the AONB would the supplementary planning guidance for dark skies be adopted.

Officers confirmed the wording within the condition referred more to preventing the impact on the bats at the site. As part of the condition, officers would consult with AONB officers to ensure they were in agreement the lighting schemes would not undermine the dark skies ambition. Councillor Emrys Wynne was supportive of consultation with the AONB with regards to the dark skies.

Councillor Gwyneth Kensler requested further information on the phosphate aspect of the report. Planning officers informed the committee that phosphate had become an issue at areas in Wales. Phosphates from sewage even through systems and land drainage were entering rivers, thus causing an issue with the status as a special area of conservation. A new consideration had been included to prevent any development that would increase phosphates entering local rivers. Officers and NRW officers concluded that the amount of additional phosphate from the site was unlikely to increase from what the potential levels at the site currently were.

Proposal – Councillor Christine Marston proposed that the application be granted in accordance with officer recommendations as set out in the report with the revised wording of condition 4 included in the supplementary papers, seconded by Councillor Emrys Wynne.

VOTE:

FOR – 13

AGAINST – 0

ABSTAIN – 1

RESOLVED that permission be GRANTED in accordance with officer

recommendations as detailed within their report and revised wording of condition 4 included in the supplementary papers.