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Dear Dyffed Rowlands

Thank you for your enquiry 14382.

If you are requesting access to information under the terms of the Freedom of Information Act 2000 or the Environmental Information Regulation 2004 you will receive a response within twenty working days. If your enquiry is related to invoking your rights as set out under Data Protection legislation, you will receive a response within one calendar month.

Please ensure you send all correspondence to the [Conwy Council request email] email address quoting reference number 14382.

This email and any attachments may contain confidential material and are solely for the use of the intended recipient(s). If you have received this email in error, please notify the sender immediately and delete this email. If you are not the intended recipient(s), you must not use, retain or disclose any information contained in this email. For details of our privacy notice click here Privacy-Notice

Dear Sir/Madam

Please find below information in response to your Freedom of Information
request.

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of this response and
should be sent to the address below.

Please ensure all email correspondence is sent to the
[1][Conwy Council request email] email address.

If you are not content with the outcome of the internal review, or if you
are unhappy with this response you may appeal to the Information
Commissioner’s Office – Wales, 2nd Floor, Churchill House, Churchill Way,
Cardiff, CF10 2HH.

Gwasanaethau Rheoleiddio a Thai/ Regulatory & Housing Services   

Cyngor Bwrdeistref Sirol Conwy / Conwy County Borough Council

Gwasanaethau Rheoleiddio a Thai FOI/Regulatory and Housing FOI
[2][email address]

For details of our privacy notice click here [3]Privacy-Notices

From: [4][email address] <[5][email address]>
Sent: 18 September 2023 12:59
To: Gwasanaethau Rheoleiddio a Thai FOI Regulatory and Housing
<[6][email address]>
Subject: Your Business Unit has received a Business Unit Request - 14383
(Parental FOI ID 14382)

Dear Conwy County Borough Council,

Please can the council clarify the following

1, If a dwelling has a change of use to commercial and then applies for it
to return back to residential dwelling,

A, would an affordable element be requested by the council?

Information not held – We would need to know specific details regarding
the property in question to provide a more detailed answer. We do operate
an enquiry service and all applications for residential do have to be
assessed to see if affordable housing provision or a financial
contribution is required but much will depend on viability, further
information can be found here     [7]Development Viability Advice Service
and Fees - Conwy County Borough Council

            Affordable housing requirements would be considered in line
with the currently adopted Local Development Plan policies [8]Adopted
Local Development Plan (LDP) - Conwy County Borough Council

B, Why would an affordable element be put and a building be returned to
residential?

Information not held – We would need to know specific details regarding
the property in question to provide a more detailed answer. We do operate
an enquiry service and all applications for residential do have to be
assessed to see if affordable housing provision or a financial
contribution is required but much will depend on viability, further
information can be found here     [9]Development Viability Advice Service
and Fees - Conwy County Borough Council

C, Which piece of law is this from, and which section, Can you clearly
quote the act and part of it please?
Section 106 Town and Country Planning Act, regulation 22 Community
Infrastructure Level, reference to affordable housing provision  is also
referenced in our Local Development Plan [10]Conwy Local Development Plan
2007 - 2022 (opus3.co.uk)

D, Would the council purposely impose restrictions such as affordable
elements on a property to stop the owner from being able to re-use the
buildings thus forcing them to sell to a housing association for
redevelopment?

*** Information not held – We would need to know specific details
regarding the property in question to provide a more detailed answer.  If
there is a S106 obligation then this must be complied with otherwise there
is a risk that legal proceedings would be taken to ensure that obligations
are complied with.

Yours faithfully,

Dyffed Rowlands

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Good morning,

Please see below response in red.

Thanks,

Gwasanaethau Rheoleiddio a Thai/ Regulatory & Housing Services   

Cyngor Bwrdeistref Sirol Conwy / Conwy County Borough Council

Gwasanaethau Rheoleiddio a Thai FOI/Regulatory and Housing FOI
[1][email address]

From: Dyffed Rowlands <[2][FOI #1028048 email]>
Sent: 17 October 2023 08:40
To: Gwasanaethau Rheoleiddio a Thai FOI Regulatory and Housing
<[3][email address]>
Subject: RE: 14383

Dear Gwasanaethau Rheoleiddio a Thai FOI Regulatory and Housing, This is
the planning application number 0/50812 Guys Cliff, 79-81 Guys Cliff Care
Home Conway Road Colwyn Bay LL29 7LN 1, If a dwelling has a change of use
to commercial and then

Dear Gwasanaethau Rheoleiddio a Thai FOI Regulatory and Housing,

This is the planning application number 0/50812 Guys Cliff, 79-81 Guys Cliff Care Home Conway Road Colwyn Bay LL29 7LN

1, If a dwelling has a change of use to commercial and then applies for it to return back to residential dwelling,

A, would an affordable element be requested by the council? Affordable Housing would be requested in line with the publically available [4]Adopted Local Development Plan (LDP) - Conwy County Borough Council

B, Why would an affordable element be put and a building be returned to residential?  Further clarification required please.

C, Which piece of law is this from, and which section, Can you clearly quote the act and part of it please?  Various national Acts, Regulations and Polices would be relevant, all of which are available in the public domain.

Yours sincerely,

Dyffed Rowlands

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Apologies, please ignore my previous email.

Please see below answers in red.

Kind regards,

Gwasanaethau Rheoleiddio a Thai/ Regulatory & Housing Services   

Cyngor Bwrdeistref Sirol Conwy / Conwy County Borough Council

Gwasanaethau Rheoleiddio a Thai FOI/Regulatory and Housing FOI
[1][email address]

From: Gwasanaethau Rheoleiddio a Thai FOI Regulatory and Housing
Sent: 24 October 2023 10:19
To: [FOI #1028048 email]
Subject: FW: 14383

Good morning,

Please see below response in red.

Thanks,

Gwasanaethau Rheoleiddio a Thai/ Regulatory & Housing Services   

Cyngor Bwrdeistref Sirol Conwy / Conwy County Borough Council

Gwasanaethau Rheoleiddio a Thai FOI/Regulatory and Housing FOI
[2][email address]

From: Dyffed Rowlands <[3][FOI #1028048 email]>
Sent: 17 October 2023 08:40
To: Gwasanaethau Rheoleiddio a Thai FOI Regulatory and Housing
<[4][email address]>
Subject: RE: 14383

Dear Gwasanaethau Rheoleiddio a Thai FOI Regulatory and Housing, This is
the planning application number 0/50812 Guys Cliff, 79-81 Guys Cliff Care
Home Conway Road Colwyn Bay LL29 7LN 1, If a dwelling has a change of use
to commercial and then

Dear Gwasanaethau Rheoleiddio a Thai FOI Regulatory and Housing,

This is the planning application number 0/50812 Guys Cliff, 79-81 Guys Cliff Care Home Conway Road Colwyn Bay LL29 7LN

1, If a dwelling has a change of use to commercial and then applies for it to return back to residential dwelling,

A, would an affordable element be requested by the council?   All applications are assessed in line with Policies in the Local Development plan, details of the application and consultation responses can be found at [5]Planning Explorer - Conwy County Borough Council   I can confirm that a contribution towards affordable housing of £20000 has been requested.

B, Why would an affordable element be put and a building be returned to residential? See above comment

C, Which piece of law is this from, and which section, Can you clearly quote the act and part of it please?

Section 106 Town and Country Planning Act, regulation 22 Community
Infrastructure Levy, reference to affordable housing provision  is also
referenced in our Local Development Plan [6]Conwy Local Development Plan
2007 - 2022 (opus3.co.uk)

Yours sincerely,

Dyffed Rowlands

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