SNOWDONIA NATIONAL PARK AUTHORITY PLANNING AND ACCESS COMMITTEE, 16 TH OCTOBER 2013 LIST OF COMPLIANCE CASES

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1 SNOWDONIA NATIONAL PARK AUTHORITY PLANNING AND ACCESS COMMITTEE, 16 TH OCTOBER 2013 LIST OF COMPLIANCE CASES New cases Reference Date of initial complaint or Date observed by Compliance Officers Location of Site Details of Planning Breach Current Position 1 NP2/11/ENFT201A Sept 2013 Gwynfa, Caernarfon Road, Beddgelert 2 NP4/13/ENF218A Aug 2013 Coach House, Capel Curig, Betws y Coed 3 NP5/55/ENF1 Sept 2013 Awel Y Ddol, Bryncrug, Tywyn 4 NP5/58/ENF541 Aug Fron Felen Terrace, Ffordd Yr Orsaf, Dyffryn Ardudwy Extension Not in Accordance with the Approved Plans Unauthorised Vehicular Access Touring Caravan Site Erection of a Conservatory & Shed & Extension to Domestic Curtilage Site Visit carried and discussion held with the Owner. Retrospective planning application now received. Retrospective planning application refused. Owner advised to re-instate the land prior to the breach of planning control taking place or to appeal against the planning decision. Contact made with the Owners. Appears the site holds an exemption certificate from the Caravan Club. Planning permission is therefore not required. Contact made with the owners and case currently being assessed.

2 5 NP5/69/ENF18 Sept 2013 Land at Hendre Hall, Llwyngwril Erection of an Agricultural Building Site Visit carried out and matter discussed with the owner. Advised planning permission is required for the building. Owner to submit a retrospective application in an attempt to try and regularise the matter. 6 NP5/74/ENF239 Aug 2013 Land at Bronhaul, Aberangell Change of Use of Common Land to Domestic Curtilage 7 NP5/77/ENF214G Aug 2013 Bron Trefor Arms, Talsarnau Untidy Condition of the Land Site visit undertaken. The land in question has always formed part of the curtilage of Bronhaul and is not Common Land. Currently making contact with the owner of the land. 8 NP5/78/ENF484 Aug 2013 Car Park at Bro Islyn, Trawsfynydd Siting of Portacabins Used by Workers for Office/Shelter Site Visit carried out and matter discussed with contractors. Portacabins now removed. Referred to Legal 9 NP4/26/ENF289A 2011 Hafod Farm, Betws y Coed In breach of confirmed Enforcement Notice preventing the use of land as a caravan and camp site 10 NP5/54/ENF Cuttiau, Rhydymain Non-Compliance of Enforcement Notice Relating to the Residential Use of a Static Caravan Matter heard in the Magistrates Court on the 27 th September. Defendants pleaded guilty and were given a fine each of 3,000 each. Costs were also awarded. Site visit made on the 3 rd December 2012 where it was noted the caravan was still in position. Letter written to the owner and the occupier of the land advising to fully comply with the requirements of the Enforcement

3 11 NP5/58/ENF Land adjacent to The Barns, Ffordd Tyddyn y Felin, Talybont Caravans and erection of fencing Notice by 25 th January Site Visit carried out on the 12 th February Static caravan still in situ. Matter to be referred to legal. Enforcement Notice issued 8 th June Enforcement Notice appeal lodged and decision received from the Planning Inspectorate on the 12 th December The Enforcement Notice was upheld but subject to some variations. The requirements of the Enforcement Notice were due to be complied by the 12 th February Hearing held at the Magistrates Court on the 23 rd August Owners pleaded guilty and each received a fine of 400 with costs of 400. Site visit carried out on the 14 th November Appeared some of the requirements of the Notice had not been complied with. Referred to the Authority s Solicitor to commence further proceedings. Hearing held at the Magistrates Court on the 25 th April Owners pleaded guilty to a second offence and were fined at total amount of 1000, ordered to pay the Authority s costs in the amount of 610 along with a victim surcharge payment of 30.

4 Recent site visits suggests that some of the requirements of the Enforcement Notice are not been complied with. Further correspondence sent to the owners of the land. 12 NP5/72/ENF Llwyn Mafon, Parc, Y Bala Non-compliance with the Requirements of an Enforcement Notice to Reduce the Height of a Workshop Matter heard in the Magistrates Court on the 23 rd August Landowner fined 1500 and 1500 costs for failing to comply with the requirements of the enforcement notice. Court Injunction being considered. Awaiting submission of a retrospective application 13 NP5/50/ENF658 July 2013 Land at the Old Tannery Site, Aberdyfi 14 NP5/73/ENF74 May 2013 Plas Dol y Moch, Tan y Bwlch, Blaenau Ffestiniog Retrospective application received Siting of a Shepherds Hut & Converted Shed Used as Holiday Accommodation Yurts Site meeting held with the owner of the land on the 26 th July. Advised that planning permission is required for the use and that it would appear the use is contrary to policy. The owner has referred the matter for the attention of their agent and it would appear that a retrospective planning application will be submitted shortly. Site meeting held with the owner of the land. Yurts used in connection with the educational facility. Planning permission required for the siting of the yurts and compost toilet. Awaiting application.

5 15 NP3/21/ENF35 October 2012 Pant Hwfa, Llanllechid Conversion of Outbuilding to Residential Use & 3 Static Caravans used for Holiday Accommodation Site meeting held with the owner of the land. Advised to cease all further works on the conversion. Certificate of Lawfulness application submitted in respect to the three caravans & extension to curtilage. Retrospective planning application now received in respect to the conversion of the outbuilding. Awaiting further Information or Replies to a Planning Contravention Notice or a Section 330 Notice 16 NP4/11/ENF32 March 2013 Land at Gethin Bungalow, Betws y Coed 17 NP4/16/ENF130D April 2013 Plas Hall Hotel, Pont y Pant, Dolwyddelan The burying of clay material from a nearby housing development. Alleged Change of Use to a House in Multiple Occupation/Hostel Accommodation Site visit undertaken and contact made with the contractors undertaking the work. Currently awaiting an update from Natural Resources Wales and the North Wales Minerals and Waste Planning Service. Further site meeting taking place on the 14 th June Remedial works currently ongoing to remove all the clay material from the land. Will continue to monitor progress. Joint site visit carried out on the 30 th April 2013 with Conwy County Borough Council to inspect the internal arrangement of the building. It is considered that a material change of use has taken place which requires planning permission. The owner has instructed a Planning Agent and they have advised they are currently assessing the matter and will be in contact to try and resolve the situation as soon as possible.

6 18 NP5/55/ENF Former TTP Site, Bryncrug Sub-division of Building and Possible Change of Use for Car Sales/Repairs Further site meeting held on the 31 st January 2013 following concerns of engineering works taking place on the site. Owners have advised they will not be submitting any retrospective planning application in respect to the apparent unauthorised uses involving car repairs and servicing. Planning Contravention Notice served on the 16 th August NP5/58/ENF16Y 2012 Land adjacent Streamside House, Dyffryn Ardudwy Erection of Chicken and Wood Shed Responses received to the Planning Contravention Notice and further meeting held with the owners on the 11 th September Further correspondence has been sent and currently awaiting a response to this. Currently liaising with the owner of the land in respect to the development. Further meeting held on the 30 th September where the owner was advised of the options to rectify the situation. 20 NP5/61/ENF23P June 2013 St. Davids Hotel, Harlech Untidy Condition of Building Initial assessment of the condition of the building currently being undertaken and advice being sought from the Authority s Solicitor. Site meeting held with Gwynedd Council on the 14 th August to discuss possible action that may be taken to improve the condition of the building. 21 NP5/70/ENF117A June 2013 Land Near Plas Onn, Llangower, Bala Development not in Accordance with Plans & Non Compliance with Site visit undertaken and contact being made with the Developer.

7 Conditions 4, 15 & 16 of NP5/70/117A 22 NP5/79/ENF318A June 2013 Pen y Bont Farm, Tywyn Untidy Condition of Land Initial assessment of the condition of the land currently being undertaken. Contact currently being made with the owners of the land. Cases where formal action is being considered/has been taken. 23 NP3/15/ENF Mur Mawr, Llanberis Large Outbuilding Large outbuilding has been built within the curtilage of the dwelling house. Appears to be now used for residential purposes. Owners advised planning permission required. Survey undertaken of the unauthorised building on the 30 th May 2013 to ascertain the extent of the development situated within the National Park. Enforcement Notice now being drafted and further meeting being currently arranged with Gwynedd Council. 24 NP4/12/ENF36G 2008 Gerlan Farm, Rowen Untidy Land & Erection of an Agricultural Building Monitoring continuing to ensure the condition of the land improves. Site visit on the 30 th November 2012, no further deterioration in the condition of the land. Further site visit undertaken during March 2013 where it was noted the condition of the land had deteriorated. Site meeting held with the occupier on the 3 rd June. Agreed to remove all the non-agricultural items from the land. Further visit took place during the week commencing the 24 th June 2013 where it was

8 noted that no clearance had taken place. Following contact with the occupier it was noted on a visit undertaken at the end of August 2013 that the condition of the land had improved considerably and all domestic items and waste had been removed. On this basis any formal action has been held in abeyance. However the occupier has been contacted and advised that if the condition of the land deteriorates again, then formal action will ensue with no further re-course to them. 25 NP5/55/ENF218 May 2013 Land Near to Ynysmaengwyn Caravan Park, Tywyn 26 NP5/57/ENF1030 June 2013 The Workshop, Glyndwr Street, Dolgellau Siting of a Mobile Catering Van Untidy Condition of Building Contact made with the operator and advice provided in respect to their permitted development rights. Evidence suggests the mobile catering van has been in situ on the land in excess of 28 days. Enquiries being made as to who owns the land on which the van is parked. Enforcement action also now being considered. Requisition for Information (Section 330) served upon the owner/occupier of the land. Response received. A site meeting was held with the owner/occupier on the 27 th September where an internal inspection of the building was carried out and discussions held as to how to improve the condition of the building and the options available.

9 27 NP5/60/ENF110A 2009 Tyddyn Bwlch, Ganllwyd, Dolgellau Erection of Buildings Enforcement Notice served. Appeal against Enforcement Notice Refused. Planning Application Refused. Revised Planning Application Refused. Appeals dismissed. Further applications refused. Further applications submitted and approved, which will involve partial demolition to buildings. 28 NP5/71/19H 2007 Coed y Pry, Llanuwchllyn Demolish part of unauthorised extension and construction of new extension Court Trial held on the 17 th May The owner of the land changed their plea to a guilty one. A fine of 3,500 and costs of 4, NP5/78/ENFL338B 2013 Tegfan, Fronwnion Terrace, Trawsfynydd Works not in Accordance with the Approved Plans Revised application approved and works on the development to commence within 6 months (February 2013) Bat Survey carried out. Bats present and owner has been advised to apply for a licence from Natural Recourses Wales to carry out the works. Licence required by the 1 September 2013 No Licence application made, legal section instructed to take the case back to court. Planning permission conditionally granted for the change of use from a shop to additional living accommodation. Apparent that works are not in accordance with the approved plans. Contact made with owner to comply

10 with the approved plans but no remedial works have taken place. Formal action now being considered. Monitoring 30 NP4/16/ENF377 April 2013 Land at Tan y Castell Farm, Dolwyddelan 31 NP5/58/ENF291J 2013 Land at Tyddyn Goronwy, Talybont Siting of Static Caravan Siting of Four Pods Contact made with the owner and meeting held on the 8 th May Static caravan to be removed by the beginning July Contact made with the owner of the land. May possibly be in non-compliance with the requirements of an existing Enforcement Notice. Owners have intimated they intend to submit a retrospective planning application in an attempt to regularise the siting of the pods. 32 NP5/59/ENF Gwyndy, Llan Ffestiniog Untidy condition of building Planning permission was granted for engineering works in rear garden end 2012 works currently on going. Restricted access means machinery can only be taken through front of property. Discussions with owner regarding renovation works to dwelling. 33 NP5/71/ENF Bryn Melyn, Cynllwyd Uchaf, Y Bala 34 NP5/75/ENF126A April 2013 Cefn Crib, Pennal, Machynlleth Untidy land and storage of caravans Erection of a Bell Tent, associated decking and shed Site visit on the 17 April Improvement in the condition of the site. Discussed further improvements with owner, further site visit to be arranged. Contact made with the owners. Site meeting held on the 8 th May Yurt and associated decking and shed to be removed by the 20 th September A recent visit confirms the yurt has been removed but not the shed. Contact currently

11 being made with the owners to ensure all associated items are removed. 35 NP5/78/ENF Land at Troed y Rhiw, Trawsfynydd Untidy land and scrap vehicles Site meeting held with the owner. Agreed to tidy the land and remove scrap vehicles. Case currently being reviewed. Awaiting appeal decision Listed Building Cases 37 NP5/50/ENFLB191A January Mervinia Terrace, Aberdyfi Large TV Aerial Letter written to the owners/occupiers. Response received and site meeting currently being arranged to try and resolve the matter. 38 NP5/64/ENFLB99 November 2012 Glanmachlas, Llanegryn Large portion of a Grade II Listed Building demolished. Prosecution case started. Court hearing due in November.

12 SNOWDONIA NATIONAL PARK AUTHORITY PLANNING AND ACCESS COMMITTEE, 16 OCTOBER 2013 PLANNING, ENFORCEMENT NOTICE, AND CERTIFICATES OF LAWFUL USE APPEALS SUBMITTED AND AWAITING DECISION Application No. Description Procedure/Status Case Officer NP2/11/146C NP4/12148L NP4/30/2L NP/61/87E Appeal against refusal to grant Planning Consent for erection of 2 two storey dwellings, Land near Peniel Terrace, Nantmor. Appeal against the Authority s failure to determine a application for the removal of a Section 106 Agreement dated 27/02/2008 in connection with conversion of piggery into dwelling together with erection of single storey side extension, The Piggery, Llwyn y Gwaew, Llanbedr-y-Cennin. Appeal against refusal to grant Planning Consent for siting of chalet for use as manager's accommodation, Tyddyn Llan Caravan Park, Old Mill Road, Dwygyfylchi. Appeal against refusal to grant Planning Consent for external alterations to form new shop front, Shop 1, Gwyddfor House, High Street, Harlech. Written representations. Decision expected mid November Written representations. Decision expected early January Hearing (held 11 th September 2013). Decision expected early November Written representations. Decision expected early January Mr Richard Mr Richard Mr Geraint Evans Mr Richard Number of appeals on list = 4 Number of appeals on committee list 4 September 2013 = 5

13 Number of appeals Determined Granted Refused Withdrawn 01/04/13 31/03/ /04/12 31/03/ /04/11 31/03/ /04/10 31/03/ /04/09 31/03/ /04/08 31/03/

14 SNOWDONIA NATIONAL PARK AUTHORITY PLANNING AND ACCESS COMMITTEE, 16 OCTOBER 2013 SECTION 106 AGREEMENTS Rhif No. Application No. Date application was received Location Development Present Position 1 NP2/11/11X 12/01/12 Plas Craflwyn, Beddgelert. 2 NP4/11/28H 11/06/13 Fish Inn Farm, Betws y Coed. 3 NP4/12/T182E 21/05/13 Llwyn Onn, Rowen, Conwy 4 NP4/13/199A 22/09/10 Ysgubor Cae Gwegi, Capel Curig 5 NP5/54/397 27/10/10 Land to rear of Garth Wnion, Brithdir. Removal of Section 106 Agreement dated 17/02/1998 relating to application NP2/11/11G Conversion and extension of agricultural building into 2 storey dwelling and construction of detached garage Conversion of barn to dwelling and formation of new vehicular access Conversion of existing camping barn to affordable dwelling and installation of new package treatment plant Full application for construction of a two storey detached dwelling for local need, construction of single storey detached garage and formation of new vehicular/ pedestrian access Legal Unit sent reminder 19/09/13. Instructions sent to Legal Section to commence Agreement 27/08/13. Instructions sent to Legal Section to commence Agreement 12/09/13. Further details received. Matter with Legal Section. Applicant unable to proceed with Agreement. Referred back to Development Control for further action.

15 Rhif No. Application No. Date application was received Location Development Present Position 6 NP5/57/LB359C 15/10/12 Central Buildings, Eldon Square, Dolgellau. 7 NP5/57/1060A 24/08/12 Units 24 & 25, Marian Mawr Industrial Estate, Dolgellau 8 NP5/59/511B 08/08/07 Land at rear of Penrhiw, Llan Ffestiniog 9 NP5/62/126D 21/03/13 Former Youth Hostel Site, Plas Newydd, Llanbedr. 10 NP5/65/302A 07/02/12 Beudy Pella, Bontddu. Change of use to provide 3 residential flat units and services on upper floors & to ground floor shop unit, reinstatement of traditional shop front, second floor balcony, rooflights and rooftop ironwork & structural repairs Removal of Section 106 Agreement dated 14/06/1993 relating to application NP5/57/114E Amended details to site layout and dwelling types to that approved under Planning Consent NP5/59/511A dated 14th February 2005 including additional two plots Full application for construction of 10 dwellings Conversion and extension of disused barn to form dwelling, installation of 1300 litre oil tank, and installation of 2878 litre septic tank (revised scheme to the application refused under reference NP5/65/302) Instructions sent to Legal Section to commence Agreement 24/07/13. Draft agreement sent Meeting held with applicant and his agent. Awaiting their response. Instructions sent to Legal Section to commence Agreement 27/08/13. Letter sent to applicant on 05/09/13 offering commuted sum.

16 Rhif No. Application No. Date application was received Location Development Present Position 11 NP5/68/184B 29/04/13 Ysgol Croesor, Croesor. 12 NP5/69/355 11/03/11 Barn near Brynllwyn Farm, Rhoslefain. 13 NP5/69/356 14/03/11 Land at Station Road, Llwyngwril. 14 NP5/74/433 11/01/13 Penantigi Isaf, Dinas Mawddwy. Conversion of disused school into dwellinghouse, installation of 1300 litre oil tank, and alterations to existing vehicular access Conversion of barn into dwelling, construction of garage and installation of septic tank Full application for construction of detached two storey dwelling and formation of new vehicular and pedestrian access Conversion of barn to dwelling and installation of new septic tank Instructions sent to Legal Section to commence Agreement 05/08/13. Letter sent requesting further details. Letter sent to applicant asking for Section 106 Agreement to be completed. Instructions sent to Legal Unit to commence preparation of Agreement. 15 Awaiting completed Agreement from applicant. Number of applications on list = 15 Number of applications on committee list 4 September 2013 = 15

17 APPLICATIONS SUBJECT TO A SECTION 106 AGREEMENT AND WHICH HAVE BEEN COMPLETED SINCE PLANNING & ACCESS COMMITTEE 4 SEPTEMBER 2013 Rhif Application No. Location Development No. 1 NP2/16/420A Land to rear of Bryn Derwen, Penmorfa. Full application for construction of detached two storey dwelling and formation of new vehicular access and pedestrian access 2 NP5/69/352 Land near Gwynfryn, Llwyngwril Outline application for construction of two dwellings APPLICATIONS SUBJECT TO A SECTION 106 AGREEMENT WHICH HAVE BEEN WITHDRAWN, OR DISPOSED, OR WHERE A AGREEMENT IS NO LONGER NECESSARY SINCE PLANNING & ACCESS COMMITTEE 4 SEPTEMBER 2013 Rhif Application No. Location Development No. 1 NP4/12/203 Agricultural building near Rhiw Youth Hostel, Rowen. Conversion of redundant agricultural building into dwelling including construction of extension and installation of package treatment plant

18 SNOWDONIA NATIONAL PARK AUTHORITY PLANNING AND ACCESS COMMITTEE 16 OCTOBER 2013 OUTSTANDING APPLICATIONS WHERE MORE THAN 13 WEEKS HAVE ELAPSED Amended Plans being considered Application No Date Received Application Location Application Title NP4/19/100 09/01/2013 Land near Cyll Gwynion, Llechwedd, Conwy. Change of use of land for the siting of 3 yurts and ancillary facilities together with the formation of a new vehicular and pedestrian access and the formation of a new car park. Awaiting Ecology / Tree Report NP2/11/676 08/04/2013 Land at Craflwyn, Beddgelert. Proposed hydro-electric scheme including construction of intake weir, turbine house and installation of underground pipes and ground mounted transformer in GRP cabinet NP5/50/640A 04/04/2013 Plas y Coed, Aberdyfi. Conversion of outbuilding into self contained holiday unit and alterations to existing detached garage to provide bat roost. NP5/52/342A 22/05/2012 Land near Plas Henddol, Friog. Renewal of Outline Planning Consent NP5/52/342 dated 23 May 2007 for construction of one detached dwelling. NP5/65/317 29/04/2013 Ty Tiberias, Capel Tiberias, Bontddu. Construction of first floor extension and installation of sewerage treatment plant. NP5/69/362 04/04/2013 Hafdy, Rhoslefain. Conversion of outbuilding into holiday accommodation together with construction of extension. Other NP3/12/94K 07/03/2013 Bryn Gloch Caravan & Camping Park, Betws Garmon. Relayout of pitches on existing holiday park (overall reduction in number on field nos. 4, 5 & 6 and reduction of area on field no. 6), removal of 3 rectilinear earth bunds, diversion of Public Footpaths 11 and 18 to allow improved access, location of Wi-Fi antennae, additional landscaping, planting belts and environmental improvements (revision to planning application NP3/12/94J refused on 01/10/2012). NP5/52/111D 27/03/2013 Vaynor, Arthog. Retrospective application for extension of curtilage and for retention of caravan situated within the curtilage. NP5/58/16Z 14/05/2012 Streamside Development Site, Dyffryn Ardudwy. Vary Condition No.19 of Planning Consent NP5/58/16X dated 18/01/2011 for revised site layout and new lodge design (single storey). NP5/60/110R 06/03/2012 Tyddyn Bwlch, Ganllwyd, Dolgellau. Retrospective application to rebuild storage and maintenance shed to be used as domestic garage and workshop. NP5/60/110S 06/03/2012 Tyddyn Bwlch, Ganllwyd, Dolgellau. Retrospective application to rebuild barn and tractor shed. Total applications on list = 11 Total applications on list Committee 04 September 2013 = 12

19 Policy Section Report of Consultations received Consulting Authority Consultation topic/name Response deadline Lead Officer Report to NPA / Committee? Cymdeithas Tai Clwyd Coming Together 30/09/13 Elliw Owen No and Cymdeithas Tai Eryri Welsh Government Taking the long view: draft Policy Statement for Protected Landscapes in Wales 20/09/13 Iwan Evans Authority Darren Millar AM Proposed Holiday Caravan Parks (Wales) Bill 13/09/13 Rebeca Jones No & Jane Jones Welsh Government Draft TAN 23 on Economic Development (explanatory and consultation documents) 05/09/13 Iwan Evans P & Access Dŵr Cymru Welsh Water Welsh Language Commissioner Communities, Equality and Local Government Committee Your Company, Your Say: Our Plans /08/13 Elliw Owen No Planning and the Welsh Language 31/07/13 Elliw Owen No Inquiry into barriers to home building in Wales 03/07/13 Elliw Owen No

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21 Penderfyniad ar yr Apêl Appeal Decision Ymweliad â safle a wnaed ar 6/08/13 Site visit made on 6/08/13 gan Iwan Lloyd BA BTP MRTPI Arolygydd a benodir gan Weinidogion Cymru Dyddiad: 30/08/13 Date: 30/08/13 by Iwan Lloyd BA BTP MRTPI an Inspector appointed by the Welsh Ministers Appeal Ref: APP/H9504/Q/13/ Site address: Pant Glas Bach, Abergeirw, Dolgellau, LL40 2PG The Welsh Ministers have transferred the authority to decide this appeal to me as the appointed Inspector. The appeal is made under Section 106B of the Town and Country Planning Act 1990 against a failure to determine that a planning obligation should be discharged. The appeal is made by Gerallt Elwyn Jones and Marian Rhys Jones against Snowdonia National Park Authority. The development to which the planning obligation relates is planning permission to delete an agricultural residential condition no. 2 on planning permission NP5/41/119 dated 22/12/1981. The planning obligation, dated 15 January 2003, was made between Snowdonia National Park Authority and Eirlys Jones. The application Ref NP5/78/305B is dated 11 February The application sought to have the planning obligation discharged. Decision 1. The appeal is dismissed. Main Issue 2. The main issue is whether the planning obligation continues to serve a useful purpose. Reasons 3. In deleting the agricultural residential condition relating to planning permission NP5/41/119 dated 22/12/1981 a planning obligation was entered into by the owner and the Authority. This covenants to limit the occupation of the dwellinghouse to a person employed or last employed in commerce, business or a regular profession within a circle of thirty miles of the property, including the dependants of such a person living with him or her or a widow or widower of such a person. In the case of a person who has never been employed, occupation of the property is limited to a person who, throughout the three years prior to occupying the property, has had his or her home within a circle of thirty miles of the property, including the dependants of such a person or a widow or widower of such a person. 4. Development Policy 17: Removal of Agricultural and Holiday Accommodation Occupation Condition (17) of the Eryri Local Development Plan (LDP) is relevant. In the circumstances of this case where permission has been granted for the removal of an agricultural occupation condition Policy 17 indicates that it would be substituted with one which restricts occupancy to affordable housing for local needs as defined in the Strategic Policy: Housing (G) paragraphs 5.41 and These provide definitions of housing need and local in the context of these relevant policies.

22 Appeal Decision : APP/H9504/Q/13/ Technical Advice Note 6 Planning for Sustainable Rural Communities July 2010 paragraph reflects LDP Policy 17 and indicates that the planning authority should consider replacing the existing agricultural occupancy condition with the rural enterprise dwelling condition which will often be justified to ensure that the dwelling is kept available to meet the housing need of rural workers and local people in need of affordable housing. 6. The obligation which substituted the restriction on occupation to any local person capable of competing in the open housing market is not one which reflects current local and national policy in relation to qualifying local occupiers. However, the obligation suppresses the value of the property to that which could be considered affordable or that which could be kept available to meet the housing needs of rural workers in need of affordable housing. In this case, no evidence has been presented that the reduced value would not meet the housing needs of rural workers and or local people in need of affordable housing. In this regard, it has not been demonstrated that there is no reasonable prospect of the property being occupied by a qualifying local occupier. 7. The application sought to discharge the obligation, but no evidence has been presented to address relevant LDP Policy 17, or to indicate that it is not applicable to the circumstances of this case. I therefore consider the obligation, whilst not in the terms of a qualifying local occupier as set out in current local and national policies, it remains necessary because the development of the site for unrestricted housing is unacceptable in planning terms at this location in conflict with the LDP. I am therefore satisfied that the tests set out in The Community Infrastructure Levy Regulations 2010 and in Circular 13/97 on Planning Obligations are met. 8. The Appellants indicate that the plot was purchased for 60,000 and is substantial making it unaffordable to the majority of locals. However, there is no evidence presented to indicate that the dwelling would not be affordable to qualifying local occupiers or rural workers. I note the points raised about the history of other appeal decisions. However, the point to which those decisions turn-on are quite different to the issue of the relevant planning history in this case and the consideration of LDP Policy I conclude that the obligation continues to serve a useful purpose. For the reasons given above, I conclude that the appeal should be dismissed. Iwan Lloyd INSPECTOR 2

23 Penderfyniad ar yr Apêl Gwrandawiad a gynhaliwyd ar 06/08/13 Ymweliad â safle a wnaed ar 06/08/13 Appeal Decision Hearing held on 06/08/13 Site visit made on 06/08/13 gan Gareth A. Rennie BSc(Hons) DipTP Arolygydd a benodir gan Weinidogion Cymru Dyddiad: 20/09/13 Date: 20/09/13 by Gareth A. Rennie BSc(Hons) DipTP an Inspector appointed by the Welsh Ministers Appeal Ref: APP/H9504/A/13/ Site address: Land adjacent to Clydfan, Ffordd Y Felin, Bryncrug, Tywyn, Gwynedd, LL36 9NT 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 Gwyn Williams against the decision of Snowdonia National Park Authority. The application Ref NP5/55/60C, dated 26 October 2011, was refused by notice dated 22 October The development proposed is three dwellings. Appeal Ref: APP/H9504/A/13/ Site address: Land adjacent to Clydfan, Ffordd Y Felin, Bryncrug, Tywyn, Gwynedd, LL36 9NT 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 Gwyn Williams against the decision of Snowdonia National Park Authority. The application Ref NP5/55/60D, dated 13 July 2012, was refused by notice dated 22 October The development proposed is the development of one dwelling in addition to the application for three no dwellings previously submitted. Decision 1. The appeals are dismissed. Main Issues 2. The main issues in these cases are the effect of the proposal on the character and appearance of the surrounding area and the effect of the proposal on the living conditions of neighbouring residents.

24 Appeal Decision : APP/H9504/A/13/ & APP/H9504/A/13/ Reasons 3. The appeal site is an open field currently used for grazing. It is located on the western side of Ffordd Y Felin and separated from it by a grass verge. The proposals are in the first instance a development of three houses (Appeal A), and second a single unit to be sited and constructed in addition (Appeal B). 4. Whilst these developments were submitted separately they would represent a single development of either three or four houses. This development would be accessed by an estate road constructed from the western spur of the exisiting hammerhead at the southern end of Ffordd Y Felin. The proposed houses in both appeals would be orientated towards this new estate road and away from the existing houses facing Ffordd Y Felin. 5. Bryncrug is a relatively small village but has within it a number of housing developments of various ages. Overall the pattern of development is a relatively uniform one with groups of mainly detached houses facing their respective roads. The proposals in these cases would result in a very different form of development. The proposed houses would effectively turn their backs on existing development and result in an inactive frontage facing Ffordd Y Felin. 6. The rear gardens of the dwelling would face the public realm and to an extent be overlooked from it and from the houses opposite. The only usable private space proposed for these dwellings is at the rear. Although privacy could be secured by effective boundary treatments, such boundaries would necessarily accentuate the anomalous orientation of the proposed houses and result in an isolated and incongruous strip of land to the western side of Ffordd Y Felin. 7. Overall, I consider that the proposed layout of the houses in both appeals would be at odds with the prevailing pattern of development and would result in an incongruous and isolated development. The lack of activity on this new frontage would accentuate its anomalous appearance. This would significantly harm the character and appearance of Ffordd Y Felin and the surrounding area as a whole. 8. I understand that the verge separating the appeal site from the exisiting road is not in the appellant s control but is held by residents of Ffordd Y Felin. This does present a barrier to direct access, although there is conflicting evidence as to whether access had been sought or would be denied. Nevertheless, the presence of this verge would not necessarily preclude orientating the appeal dwellings towards Ffordd Y Felin with access gained from the estate road to the rear. 9. Traffic turning into the proposed estate road would, nevertheless, head northwards towards the rear of a pair of semi detached houses. The proposed new turning area would also be directly adjacent to the rear of one of these properties known as Cilvan House. Traffic heading northwards at night would illuminate the rear elevation of Cilvan House and windows into habitable rooms within that elevation. Vehicles manoeuvring around the turning area could also cause further illumination at close quarters. The rear elevation is very close to the rear boundary and I consider that the lights of cars using the estate road would cause significant disturbance and harm the living conditions of residents of that property as a consequence. Any screening erected to mitigate this impact would be so close to the rear elevation of Cilvan House as to present significant harm to the outlook from this property. This adds considerable weight to my previous conclusions. 2

25 Appeal Decision : APP/H9504/A/13/ & APP/H9504/A/13/ I consider that the proposed dwelling in plot 4 (appeal B) would be close to Cilvan House but the appellant has shown that by varying the position of that proposed dwelling within the plot it would be possible to mitigate the impacts of that proximity to an acceptable level such that there would be little additional harm to the living conditions of Cilvan House. 11. The Authority has also stated that the layout of the dwellings would be overly regimented and that a more informal layout would contribute better towards local distinctiveness. It also considers that the proposed dwellings would not be sited in a manner to take full advantage of solar gain. No substantive evidence was presented to support these views during the hearing. 12. The appellant has also shown that the proposed dwellings would conform to the Code for Sustainable Homes and I consider that a more southerly aspect to the main elevations of the houses or a more informal layout would be out of character with the surrounding area and result in further harm to its character and appearance. These matters do not undermine my previous conclusions. 13. Whilst I have had regard to the concerns of local residents about traffic increases there is no evidence to show that an increase would cause material highway or amenity problems. 14. I conclude therefore that the proposed developments in both appeals would have a harmful impact on the character and appearance of the area and the special qualities of the National Park. The developments would also significantly harm the living conditions of neighbouring residents. Both proposals therefore conflict with Development Policy 1 of the Eryri Local Development Plan, and national guidance within Planning Policy Wales and Technical Advice Note 12 Design. 15. Consequently for the reasons given above, and having considered all other matters raised in writing and at the hearing, I conclude that the appeals should be dismissed. Gareth A. Rennie Inspector 3

26 Appeal Decision : APP/H9504/A/13/ & APP/H9504/A/13/ APPEARANCES FOR THE APPELLANT: Mr Geraint Lewis Mr Gwyn Williams Appellant s Agent Appellant FOR THE LOCAL PLANNING AUTHORITY: Mr David Fitzsimon Ty n Coed, Pantymwyn Road, Cilcain, Flintshire, CH7 5NL INTERESTED PERSONS: Anne Heal Anita Bishop Dewi Bishop Mair Jones Rebeca Jones Huw Roberts 5 Ffordd y Felin, Bryngrug 4 Ffordd y Felin, Bryngrug 4 Ffordd y Felin, Bryngrug 2 Ffordd y Felin, Bryngrug Snowdonia National Park Authority Snowdonia National Park Authority DOCUMENTS 1 Letter of Notification 2 Ffordd y Felin Action Group Statement 4

27 SNOWDONIA NATIONAL PARK AUTHORITY PLANNING AND ACCESS COMMITTEE 16 OCTOBER 2013 DELEGATED DECISIONS Applications Approved Application No. Proposed Location Decision Case Officer Date NP2/11/677 Proposed hydro-electric scheme including construction of intake weir, turbine house and retaining walls Afon Colwyn, Land at Nant Colwyn, Beddgelert. LL55 10/09/13 Mr Richard NP2/11/LB224B NP2/16/420A Listed Building Consent for extension to existing ground floor terrace and rebuilding stone retaining wall to repair and reinforce river defences Full application for construction of detached two storey dwelling and formation of new vehicular access and pedestrian access Restore dwelling including construction of side rear 4UU Ger y Lli, 3 Club Street, Beddgelert. LL55 4ND Land to rear of Bryn Derwen, Penmorfa. NP2/16/T328A Pen-y-Braich Uchaf, extensions Garndolbenmaen. LL51 9TZ NP3/16/E25 Consultation under Section 37 of The Electricity Act Land near Idwal Cottage 1989 to erect 11kv overhead electricity line Youth Hostel, Nant Ffrancon, Bethesda. NP3/22/14C Construction of conservatory Talymignedd Uchaf, Nantlle. LL54 6BT NP4/11/AD106W Advertisement Consent to display new shop front nonilluminated Tresspass, Llys Caradog, signs Holyhead Road, Betws y NP4/13/156J NP4/13/165B NP4/13/166F Retrospective application to retain existing Telefonica UK Ltd. equipment (telecommunications mast and associated equipment) on the site Retrospective application to retain existing Telefonica UK Ltd. equipment (telecommunications mast and associated equipment) on the site Retrospective application to retain existing Telefonica UK Ltd. equipment (telecommunications mast & associated equipment) on the site Coed. LL24 0BW Existing Telefonica UK Ltd. Site, Tal y Waun Farm, Capel Curig. Existing Telefonica UK Ltd. Site, Land north of Swallow Falls, Betws y Coed. Existing Telefonica UK Ltd. Site, Bryn Engan Forest, Capel Curig. 03/09/13 Mr Gwilym H Jones 16/09/13 Mr Richard 23/08/13 Ms Sara Roberts 19/08/13 Ms Sara Roberts 02/09/13 Ms Sara Roberts 06/09/13 Ms Iona 24/09/13 Mr Geraint Evans 24/09/13 Mr Geraint Evans 24/09/13 Mr Geraint Evans

28 NP4/15/14B Construction of side extension and rear sun room The Bungalow, Conway Road, Dolgarrog. LL32 8JX NP4/19/86A Conversion of outbuilding into self contained holiday Tre Castell Farm, accommodation unit, installation of new septic Llechwedd, Conwy. LL32 tank/sewage treatment plant and swallow mitigation 8BX works to existing shed NP4/26/271A Construction of single storey side extension and new Hafod-y-Geunan, Nebo, NP4/29/318D NP4/29/371A front porch Retrospective application to retain existing Telefonica UK Ltd. equipment (telecommunications mast and associated equipment) on the site Replacement of single storey rear extension with new two storey and single storey extension, Llanrwst. LL26 0TD Existing Telefonica UK Ltd. Site, Fedw Deg Forest, Bwlch y Maen, Betws y Coed. Bryn Fawnog, 2 Tyn-y- Groes, Penmachno. LL24 0PS NP4/30/12H Erection of car port Eifionydd, Plas Tanrallt, Conway Old Road, Dwygyfylchi. LL34 6SH NP4/32/337 NP5/50/BT662 NP5/50/LU650 NP5/52/366 NP5/53/168A NP5/53/28N NP5/53/28P Construction of 4 dormer windows (2 on front elevation and 2 on rear elevation) Prior Notification under Part 24 of The Town & Country Planning (General Permitted Development) Order 1995 to install 1 new pole Application for Certificate of Lawful Use (Existing Use) for 12 months occupancy of property Replacement roof over living room, installation of flue and construction of rear conservatory Change use part of building (being used as storage) to form part of existing dwelling and replacement windows on front elevation Installation of solar panels on rear roof of dwellings currently under construction Erection of rear sun lounge on dwelling currently under construction Hazeldene, Crafnant Road, Trefriw. LL27 0JY 1 Bryniau Uchaf, Aberdyfi. LL35 0HW Chalet 56, Plas Panteidal, Aberdyfi, Gwynedd, LL35 0RF Bryn Coed, Arthog. LL39 1YU Meirion House, 28 Tegid Street, Bala. LL23 7EH Plots 1-5, Rhesdai'r Berllan, Land adjoining Plas yn Dre, 23 High Street, Bala. Plot 1, Rhesdai'r Berllan, Land adjoining Plas yn Dre, 23 High Street, Bala. 20/08/13 Ms Sara Roberts 21/08/13 Mr Richard 19/09/13 Mr Richard 24/09/13 Mr Geraint Evans 03/09/13 Mr Richard 29/08/13 Mr Richard 30/09/13 Mr Richard 30/09/13 Ms Sara Roberts 20/09/13 Mrs Jane Jones 09/09/13 Ms Sara Roberts 25/09/13 Ms Sara Roberts 23/08/13 Mr Richard 23/08/13 Mr Richard

29 NP5/53/36A Vary Condition No. 2 of Planning Consent NP5/53/36 dated 09/04/1987 to allow hot food to be sold and consumed off the premises 81/83 High Street, Bala. LL23 7AE NP5/54/15L Installation of 2 arrays of 40 solar panels Ystwmgwadnaeth, Llanfachreth. LL40 2DT NP5/54/267C Retrospective application to retain existing Telefonica Existing Telefonica Uk Ltd. UK Ltd. equipment (telecommunications mast & Site, Brith Fryniau, associated equipment) on the site Rhydymain. LL40 2BH NP5/54/279B Demolish and re-build garage Llys Ardudwy, Llanfachreth. LL40 2UT NP5/54/422 Proposed hydro-electric scheme including construction Nant Cnydyw, Coed of intake weir, turbine house and installation of Buchesau, Bontnewydd, underground pipes Dolgellau. LL40 2DG NP5/54/LB79B NP5/54/LB79C Listed Building Consent for internal and external alterations to Boot Room, addition of covered link to and extension of log store to provide double garage External alterations to Boot Room, addition of covered link to and extension of log store to provide double garage & associated works Plas Hên, Caerynwch, Brithdir. LL40 2RF Plas Hên, Caerynwch, Brithdir. LL40 2RF NP5/54/T59D Erection of sunroom Penesgynfa Cottage, Llanfachreth. LL40 2LU NP5/57/561D Installation of timber sculpture Dolgellau Park (Marian Bach), Bridge Street, Dolgellau. LL40 1DF NP5/57/AD561E NP5/57/LB474B NP5/57/LB474C NP5/58/535A Advertisement Consent for freestanding information board Listed Building Consent for internal and external alterations including demolition of existing lean-to extension, construct replacement glazed extension, shopfront alterations, structural repairs and re-open basement staircase. External alterations including demolition of existing lean-to extension, erect replacement glazed extension, shopfront alterations. Retrospective application for engineering works to part of field to form level area Dolgellau Park (Marian Bach), Bridge Street, Dolgellau. LL40 1DF Liverpool House, Upper Smithfield Street, Dolgellau. Liverpool House, Upper Smithfield Street, Dolgellau. Daquin, Talybont. LL43 2AH 01/10/13 Ms Sara Roberts 19/08/13 Mr R Huw Roberts 23/09/13 Mrs Jane Jones 02/09/13 Ms Sara Roberts 27/09/13 Mr R Huw Roberts 17/09/13 Mr Gwilym H Jones 17/09/13 Mr Gwilym H Jones 19/08/13 Mr R Huw Roberts 23/08/13 Ms Sara Roberts 09/09/13 Ms Sara Roberts 10/09/13 Mr Gwilym H Jones 10/09/13 Mr Gwilym H Jones 05/09/13 Ms Iona

30 NP5/58/538 Demolish existing dwelling and garage & construction of new dwelling and garage Maes Ysgawen, Dyffryn Ardudwy. LL44 2BL NP5/58/539 Construction of dwelling (proposed rural enterprise) Parc Isaf, Dyffryn Ardudwy. LL44 2RJ NP5/58/LB304B Listed Building Consent for re-roofing with new Llanddwywe Farm, Dyffryn random slates on battens and breathable membrane also Ardudwy. LL44 2RX 4 new rooflights, re-opening one window and reinstatement of rain water goods NP5/58/LU341C NP5/59/397C Application for Certificate of Lawful use. (Existing Use) Change of use of grassland and extension to existing Water Treatment Works including construction of tanks, kiosks, gabion walls, screen fencing, perimeter fence and gates, formation of internal site access road, and formation of 2 temporary vehicle passing places between the site and the junction with the B4391. O.S. Parcel No. 6326, Llanddwywe Farm, Dyffryn Ardudwy coloured in red and blue on the attached plan. Garreglwyd Water Treatment Works, Ffestiniog. NP5/59/457B Reconstruction of boathouse Part of foreshore of Llyn Morwynion, Llan Ffestiniog NP5/59/678C Construction of rear extension, construction of canopy Bryn Hyfryd, Llan on front elevation, change of use of land to domestic Ffestiniog, Blaenau curtilage including formation of new parking area and Ffestiniog, LL414LS steps NP5/59/745 Proposed hydro-electric scheme including construction of one intake weir, turbine house and installation of underground pipes Nant Llyn Morwynion, Land at Teiliau Bach, Ffestiniog. NP5/60/40C Construction of retaining wall Garreg Arw, Ganllwyd, Dolgellau, LL402HG NP5/60/91M Extension to events area by use of material from A470(T) road improvement scheme NP5/60/E139 NP5/61/387B Consultation under Section 37 of The Electricity Act 1989 to retain existing overhead line to provide a new underground connection Change of use of dwelling to form holiday accommodation and separate owners accommodation Land at Coed y Brenin Forest, Dolgyfeiliau, Ganllwyd, Dolgellau, LL402HY Land at Ty Cerrig, Ganllwyd. LL40 2TN Eryl Meirion, Old Llanfair Road, Harlech, LL462SS 21/08/13 Mr R Huw Roberts 10/09/13 Mr R Huw Roberts 03/09/13 Mr Gwilym H Jones 18/09/13 Mrs Jane Jones 16/09/13 Mr Richard 19/08/13 Ms Sara Roberts 25/09/13 Ms Sara Roberts 05/09/13 Mr Richard 17/09/13 Ms Sara Roberts 01/10/13 Ms Sara Roberts 22/08/13 Ms Sara Roberts 24/09/13 Ms Sara Roberts

31 NP5/61/397D NP5/61/457N Demolition of conservatory, construction of single storey rear extension and formation of receded housing for gas fire Change of use part of workshop into gymnasium for use by patrons of Min y Don Holiday Park Hendre Mur, Old Llanfair Road, Harlech. LL46 2SS Min y Don Holiday Park, Beach Road, Harlech. LL46 2UG 18/09/13 Ms Sara Roberts 30/09/13 Mr Richard NP5/61/562 External insulation on first and second floor together with alterations to roof Bryn Meirion, Harlech. 23/08/13 Mr Richard NP5/61/564 Construction of extension Bron Meini, Harlech, LL462YT 19/09/13 Mr Richard NP5/61/CAL256D Conservation Area Consent to demolish garages Land adjoining Moranedd, Harlech. LL46 2UB 02/09/13 Mr Richard NP5/61/L256C Full application to demolish garages & construct a two storey hotel and formation of parking area Land adjoining Moranedd, Harlech. LL46 2UB 02/09/13 Mr Richard NP5/62/126E Application to vary Condition No.2 of Appeal Decision APP/H9504/A/10/ dated 02/08/2010 to extend submission of reserved details for an additional 3 years Former Youth Hostel Site, Plas Newydd, Llanbedr. LL45 2LE 23/08/13 Mr Richard NP5/62/230C NP5/62/LB278A Construction of single storey detached double garage and utility room to rear of property, and alterations to existing access, and retrospective application to extend domestic curtilage Listed Building Consent for alterations to lounge inglenook & chimney to remove modern fireplace and surround, existing flue liner & installation of wood burning stove with boiler with new flue liner and terminal, ventilation flue within chimney flue to attic space terminating adjacent ridge and heat exchanger in attic space. Replace brick shelf support walls in utility with stone. Replace upvc rainwater goods with cast iron Tan y Coed, Llanbedr, LL452LE Uwchlaw'r Coed, Llanbedr. LL45 2NA NP5/66/239 Formation of new vehicular access Land opposite Bryn Golau, Llanfair NP5/67/LU199D The siting of 5 touring caravans for holiday use between 14 March to 1 October each year. Land at Cedris Farm, more particularly delineated red on the attached plan. 16/09/13 Ms Sara Roberts 03/09/13 Mr Gwilym H Jones 10/09/13 Ms Sara Roberts 20/08/13 Mr Geraint Evans

32 NP5/69/T113F NP5/70/E134 Variation of Condition Nos 5 & 10 of Planning Consent NP5/69/T113D dated 28/09/2011 to allow amendments to include extension of existing boundary wall to create a private door entrance, raising of lower roof by 150mm to accommodate a standard door arrangement, amendment of existing and proposed openings including two direct glazed oak gables, removal of windows on access side, introduction of 'Velux' windows, proposed installation of twin wall stainless steel flue, installation of aluminium sliding door to living area and general internal reconfiguration' Consultation under Section 37 of The Electricity Act 1989 to install 11kv overhead electricity lines Llanfendigaid, Rhoslefain, Tywyn, LL369LS NP5/71/14C Construction of side extension Derwen Deg, Cynllwyd Uchaf, Bala. LL23 7DF NP5/71/405B Erection of agricultural building over existing slurry Gwern Hefin, Llanuwchllyn. store LL23 7YH NP5/72/LB143B Conversion of church into Heritage Centre, formation Eglwys Beuno Sant, of a new car park and a new vehicular access to the Llanycil. LL23 7YF highway and extension of the graveyard NP5/73/243A NP5/73/355A NP5/73/E378 NP5/73/E379 NP5/73/E380 NP5/73/LB28L Replace existing kitchen roof and installation of external weather boarding to walls Change of use of part of existing cafe to form retail area and meeting room/office. External alterations including upgrading existing access ramp, replacement fire escape doors, replacement roofing material, and installation of air to air heat pumps Consultation under Section 37 of thr Electricity Act 1989 to install 11kv overhead electricity line. Consultation under Section 37 of the Electricity Act 1989 to install 11kv overhead electricity line. Consultation under Section 37 of the Electricity Act 1989 to install 11kv overhead electricity line. Listed Building Consent for internal alterations to upgrade central heating system. 23/09/13 Mr Aled Lloyd Land at Rhosygwalia. 15/08/13 Ms Sara Roberts Ty Cae Fali, Penrhyndeudraeth, LL486NA Trawsfynydd Social Club, Trawsfynydd 14/08/13 Ms Sara Roberts 27/08/13 Ms Sara Roberts 02/09/13 Mr Gwilym H Jones 12/09/13 Ms Sara Roberts 30/09/13 Mr R Huw Roberts Pwll Mwd, Maentwrog. 30/09/13 Ms Sara Roberts Land near Oakeley Arms, 30/09/13 Ms Sara Roberts Tan y Bwlch, Maentwrog. Cwt Cwch, Maentwrog. 30/09/13 Ms Sara Roberts Ysgubor Wen, Tan y Bwlch, Maentwrog. LL41 3YU 18/09/13 Mr Gwilym H Jones