Agenda and draft minutes
Venue: Council Chamber, County Hall, Ruthin
Contact: Committee Administrator 01824 706715 Email: dcc_admin@denbighshire.gov.uk
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Additional documents: Minutes: Councillors Peter Evans, Colin Hughes and Pat Jones |
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DECLARATIONS OF INTEREST PDF 66 KB Members to declare any personal or prejudicial interests in any business identified to be considered at this meeting. Additional documents: Minutes: Councillor Hugh Evans – Personal Interest – Agenda Item 7 Councillor Dewi Owens – Personal Interest – Agenda Item 12 Councillor Merfyn Parry – Personal Interest – Agenda Item 5 Councillor Huw Williams – Personal and Prejudicial Interest
– Agenda Item 5 and Personal Interest – Agenda Item 7 |
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URGENT MATTERS AS AGREED BY THE CHAIR Notice of items which, in the opinion of the Chair, should be considered at the meeting as a matter of urgency pursuant to Section 100B(4) of the Local Government Act, 1972. Additional documents: Minutes: No urgent matters had been raised. |
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To confirm the accuracy of the minutes of the Planning Committee meeting held on the 10 September 2014 (copy attached). Additional documents: Minutes: The
minutes of the Planning Committee’s meeting held on 10 September 2014 2014 were
submitted. Accuracy
– Page 12 – Application No. 12/2014/0611/PF – Councillor
Cefyn Williams advised that he had not made reference
to house prices in Derwen. RESOLVED that, subject to the above, the minutes of the meeting held on 10
September 2014 be approved as a correct record. |
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APPLICATIONS FOR PERMISSION FOR DEVELOPMENT (ITEMS 5 - 12) - Applications received requiring determination
by the committee were submitted together with associated
documentation. Reference was also made
to late supplementary information (blue sheets) received since publication of
the agenda which related to particular applications. In order to accommodate public speaking
requests it was agreed to vary the agenda order of applications accordingly. Additional documents: |
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APPLICATION NO. 19/2014/0702/PFT - MAES TRUAN, LLANELIDAN, RUTHIN PDF 6 KB To consider an application for installation of a wind turbine 30.5m hub height and 45.07m to blade tip, control box and associated works at Maes Truan, Llanelidan, Ruthin (copy attached). Additional documents: Minutes: [Councillor Hugh Evans declared a personal
interest because the Applicant carried out farming work for him. Councillor Huw
Williams declared a personal interest because the Applicant had undertaken
farming work for him four years ago.] An application was submitted for installation
of a wind turbine 30.5m hub height and 45.07m to blade tip, control box and
associated works at Maes Truan,
Llanelidan. Public Speakers – Mr. M. Brooker (Against) – highlighted concerns over
the landscape and visual impact together with associated noise levels from the
turbine type. Mr. A. Jones, Applicant (For) – explained his family’s links with the area and farming
community and the need to diversity to provide future viability of the farm. General Debate – The Planning Officer summarised the report and
reasons behind the officers’ recommendation to refuse the application based on
landscape and visual impact. Officers
responded to a number of procedural issues raised relating to the application,
particularly in terms of the consultation process. Following assurances that neighbouring properties would not be adversely affected by
noise, Councillor Hugh Evans (Local Member) spoke in favour of the application, believing that the local
economic benefits outweighed the planning concerns raised. During a detailed debate members considered the
merits of the application and discussed, at length, the material planning
considerations together with relevant policies.
It was generally accepted that the diversification project would ensure
the viability of the farm and benefit the wider local community and much debate
focused on whether those benefits outweighed the visual impact and other
material considerations. Members
considered the size and location of turbines in the area in relation to the
application site and officers explained the reasoning behind the planning
decisions relating to other turbine developments. It was noted that permission for a 15kW
turbine at the site remained extant until January 2015. Whether granting the application would add to
the spread of wind turbines in the area was debatable. Consideration was given to the objections
received from the Clwydian Range and Dee Valley Area
of Outstanding Natural Beauty Joint Advisory Committee (AONB JAC) and Natural
Resources Wales (NRW). It was noted that
the AONB JAC was not a statutory consultee and had
not undertaken a site visit leading to questions regarding the sufficiency of
their response and role within the process.
Whilst officers had attached significant weight to NRW’s response the
strength of their late representations was also subject to debate. Members considered the impact on neighbouring
properties and officers provided assurances that noise could be controlled
effectively via planning conditions to ensure no adverse impact and a letter of
support from a nearby neighbour was noted. Proposal – Councillor Stuart Davies considered there was
a viable case for farm diversification, the benefits of which outweighed other
planning concerns, and he proposed, seconded by Councillor Merfyn
Parry that the application be granted, contrary to
officer recommendation. VOTE: GRANT – 18 REFUSE – 6 ABSTAIN – 3 In light of the committee’s decision members
were asked to vote on whether a report on the planning conditions to be applied
to the consent and legal agreement issues should be brought back to the
committee for approval or powers delegated to officers in liaison with the
Chair and Local Member. VOTE: REPORT BACK TO COMMITTEE – 11 DELEGATE POWERS TO OFFICERS – 16 ABSTAIN – 0 RESOLVED that permission be GRANTED contrary to officer
recommendation, and that power be delegated to officers, in liaison with Chair of
the Planning Committee and Local Member, to apply planning conditions to the
consent and deal with legal agreement issues arising therefrom. |
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APPLICATION NO. 31/2013/1079/PFHY - LAND AT ELWY MEADOWS, LOWER DENBIGH ROAD, ST. ASAPH PDF 6 KB To consider an application for installation of micro hydro electric scheme at land at Elwy Meadows, Lower Denbigh Road, St. Asaph (copy attached). Additional documents: Minutes: An application had been submitted for
installation of micro hydro electric scheme at land
at Elwy Meadows, Lower Denbigh Road, St. Asaph. Officers
requested that the application be deferred to enable additional consultations
to be carried out. Proposal – Councillor Meirick
Davies proposed, seconded by Councillor Dewi Owens,
that the application be deferred in accordance with officer request. VOTE: FOR DEFERRAL – 27 AGAINST DEFERRAL – 0 ABSTAIN – 0 RESOLVED that the application be DEFERRED pending further consultation. At this juncture (11.00 a.m.) the meeting adjourned for a
refreshment break. |
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APPLICATION NO. 41/2013/0857/PF - DINORBEN ARMS PUBLIC HOUSE, BODFARI, DENBIGH PDF 6 KB To consider an application for change of use and conversion, with partial demolition, of former public house to form 1 No. dwelling and erection of detached garage at rear at Dinorben Arms Public House, Bodfari, Denbigh. Additional documents: Minutes: An application was submitted for change of use
and conversion, with partial demolition, of former public house to form 1 No.
dwelling and erection of detached garage at rear of Dinorben
Arms Public House, Bodfari, Denbigh. Public Speakers – Mr. A. Williams (Against) – asked members to strictly apply their policies arguing
that the application did not meet the criteria for change of use in this case. Mr. T. Thackery,
Applicant (For) – reported upon
financial and economic influences following acquisition of the premises in 2010
and argued against its future viability. General Debate – Councillor Barbara Smith (Local Member) spoke
against the application, supporting the objection submitted by Bodfari Community Council.
She argued that the criteria detailed in Policy PSE10 of the Local
Development Plan had not been met in that (1) it had not been demonstrated that
the premises was no longer viable, (2) the premises had not been actively
marketed, and (2) all other reasonable options to find a new user had not been
explored. Members considered the merits of the
application and questioned the robustness of the evidence presented in response
to Policy PSE 10. Doubts were expressed
that the relevant criteria had been fulfilled because the site had not been
marketed since 2008 and marketing evidence had not been provided. There were mixed views regarding the future
sustainability element with examples provided of comparatively successful
public houses but it was also acknowledged that many similar businesses had
failed. Concerns were raised about the
state of the property and whilst members did not wish to see it falling into
further disrepair there was much sympathy with the community’s position. Officers acknowledged policy tests had not
been clearly met but recommended granting permission given the likelihood of
attracting a viable business after years of neglect and because the proposal
would secure long term use for the building which was currently an eyesore
site. Officers also responded to
questions regarding the application detail and car parks on site if the
application was granted. Proposal – Councillor Merfyn
Parry proposed, seconded by Councillor Huw Hilditch-Roberts, that the application be
refused due to the failure to actively market the property in response to
Policy PSE 10. A twelve month timescale
was suggested for marketing purposes. VOTE: GRANT – 12 REFUSE – 15 ABSTAIN – 0 RESOLVED that permission be REFUSED, contrary to officer
recommendation, based on the failure to actively market the property in
accordance with Policy PSE 10 of the Local Development Plan. |
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APPLICATION NO. 41/2013/0858/LB - DINORBEN ARMS PUBLIC HOUSE, BODFARI, DENBIGH PDF 6 KB To consider a listed building application for conversion, partial demolition and alterations of former public house to form 1 dwelling with new detached garage at rear of Dinorben Arms Public House, Bodfari, Denbigh (copy attached). Additional documents: Minutes: A listed building application was submitted for
conversion, partial demolition and alterations of former public house to form 1
dwelling with new detached garage at rear of Dinorben
Arms Public House, Bodfari, Denbigh. Officers explained that the committee had
refused the earlier planning application for principle use as a dwelling and
this application dealt solely with the impact of the proposed alterations. Technically the application could be granted
but building works could not commence because there was no planning consent. Proposal – Councillor Merfyn
Parry proposed, seconded by Councillor Huw Hilditch-Roberts that the application be deferred in order
to ascertain the applicant’s intentions in light of the committee’s decision
under the previous item. As discussion
on the merits of the application had not commenced officers advised it would be
appropriate to consider deferral. VOTE: FOR DEFERRAL – 22 AGAINST DEFERRAL – 4 ABSTAIN – 0 RESOLVED that the application be DEFERRED in order to ascertain the
applicant’s intentions in light of the committee’s decision to refuse the
earlier application for change of use. |
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APPLICATION NO. 06/2014/0996/PF - OROR FARM, GWYDDELWERN, CORWEN PDF 6 KB To consider an application for the erection of agricultural cattle shed, feed silo and handling facilities at Oror Farm Gwyddelwern, Corwen (copy attached). Additional documents: Minutes: [Councillor Huw
Williams, as Applicant, declared a personal and prejudicial interest and left
the meeting during consideration of this item.
Councillor Merfyn Parry declared a personal
interest because he had dealt with the Applicant.] An application was submitted for the erection
of agricultural cattle shed, feed silo and handling facilities at Oror Farm Gwyddelwen, Corwen. Proposal – Councillor Joan Butterfield proposed the officer
recommendations to grant the application, seconded by Councillor Rhys Hughes. VOTE: GRANT – 25 REFUSE – 0 ABSTAIN – 0 RESOLVED that permission be GRANTED in accordance with officer
recommendations as stipulated within the report. |
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APPLICATION NO. 15/2014/0888/PF - LAND ADJOINING CANOL Y CAE, VILLAGE ROAD, ERYRYS, MOLD PDF 6 KB To consider an application for the erection of agricultural building for storage and stock shelter at land adjoining Canol Y Cae, Village Road, Eryrys, Mold (copy attached). Additional documents: Minutes: An application was submitted for erection of
agricultural building for storage and stock shelter at land adjoining Canol y Cae, Village Road, Eryrys, Mold. General Debate – Councillor Martyn Holland (Local Member) had
no major objections but raised a number of issues as to the consultation and
size of the proposed building. Officers
responded that (1) neighbours had been consulted, (2) in light of the Community
Council’s concerns further advice had been sought from the Department of
Environment, Food and Rural Affairs which indicated the size of the building
was reasonable, and (3) the need for screening was accepted and covered in
condition 4 within the report. Proposal – Councillor David Simmons proposed the officer
recommendations to grant the application, seconded by Councillor Arwel Roberts. VOTE: GRANT – 26 REFUSE – 0 ABSTAIN – 0 RESOLVED that permission be GRANTED in accordance with officer
recommendations as detailed within the report. |
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APPLICATION NO. 43/2014/0906/AD - 79 HIGH STREET, PRESTATYN PDF 6 KB To consider an application for the installation of 2 externally illuminated fascia signs and 1 no. externally illuminated projecting sign at 79 High Street, Prestatyn (copy attached). Additional documents: Minutes: An application was submitted for the
installation of 2 externally illuminated fascia signs and 1 no. externally
illuminated projecting sign at 79 High Street, Prestatyn. Proposal – Taking into account the revised condition
regarding the colour scheme as detailed in the late supplementary papers
Councillor Julian Thompson-Hill (Local Member) proposed, seconded by Councillor
Rhys Hughes that the application be granted in accordance with officer
recommendations. VOTE: GRANT – 25 ABSTAIN – 0 REFUSE – 0 RESOLVED that permission be GRANTED in accordance with officer
recommendations as detailed within the report and supplementary papers. |
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APPLICATION NO. 46/2014/0710/PF - GWYLFA, BRONWYLFA SQUARE, ST. ASAPH PDF 6 KB To consider an application for change of use of Class A1 shop to Class A3 restaurant and takeaway at Gwylfa, Bronwylfa Square, St. Asaph (copy attached). Additional documents: Minutes: [Councillor Dewi
Owens declared a personal interest because he lived close to the planning
application site.] An application was submitted for change of use
of Class A1 shop to Class A3 restaurant and takeaway at Gwylfa,
Bronwylfa Square, St. Asaph. General Debate – Councillor Dewi
Owens (Local Member) balanced the need for yet another takeaway against empty
premises. He sought assurances regarding
odour control and opening hours.
Councillor Bill Cowie (Local Member)
highlighted traffic problems experienced by residents which would be further
exacerbated once the housing development in Bryn Gobaith
was completed and asked that this issue be revisited. Councillor Meirick
Lloyd Davies asked that consideration be given to reinstating the parking space
in front of the premises if the application was granted. Officers responded that – ·
a
condition had been proposed to ensure a fume extraction system was operational
at the premises which met the authority’s requirements ·
officers
proposed a new condition regarding the opening hours of the premises which was
deemed reasonable for a food premises [0900 to 2100 Monday to Saturday and 1100
to 2000 on Sundays] ·
the
premises had been designated within the town centre boundary and the Highway
Engineer’s assessment had considered both previous and proposed uses and
considered it would not give rise to any highways issues ·
although not part of
this application officers agreed to take up the suggestion of reinstating a
parking space in front of the premises with Highway Officers. Proposal – Councillor Rhys Hughes proposed the officer
recommendations to grant, seconded by Councillor Merfyn
Parry. VOTE: GRANT – 25 ABSTAIN – 0 REFUSE – 0 RESOLVED that permission be GRANTED in accordance with officer
recommendations as detailed within the report and supplementary papers. |
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To consider a report (copy attached) recommending adoption of the draft Supplementary Planning Guidance ‘Parking Requirements in New Developments’ in line with the proposed amendments for the determination of future planning applications and appeals. Additional documents:
Minutes: Councillor David Smith, Lead Member for Public
Realm submitted a report presenting the draft Supplementary Planning Guidance
‘Parking Requirements in New Developments’ for adoption following the public
consultation exercise. Discussion focused on the following – ·
in terms
of parking provision for students in secondary schools it was noted that each
school had its own policy on whether or not to permit student parking ·
the
Council’s stance of not supporting bedsits in developments was mentioned and
members called for reference to bedsits to be deleted from the guidance ·
assurances
were sought that a common sense approach would be taken when applying the
guidance to future developments at key strategic sites and the Policy Manager
(PM) confirmed there would be some flexibility within the policy but stressed
the importance of parking requirements as a starting point ·
concerns
were raised that insufficient parking had been proposed for particular sectors
such as self-contained elderly persons dwellings and for houses, particularly
in rural areas where public transport was limited, and there were also fears
that houses would be crammed together thereby exacerbating the problem. The PM responded that the document was for
guidance only and provision for variations had been included to take into
account local circumstances which would allow flexibility. Most new houses would likely have more than
one bedroom and a new allowance for visitor parking had been proposed for
larger developments. Councillor Stuart Davies asked for parking
provision figures to be revised upwards.
Councillor David Smith referred to previous opportunities to respond to
the consultation advising that any revisions would require additional public
consultation. Proposal – Councillor David Simmons proposed the officer
recommendation subject to removal of the word ‘bedsit’ within the table on page
6, paragraph 6.13, which was seconded by Councillor Richard Davies. VOTE: FOR – 20 AGAINST – 2 ABSTAIN – 0 RESOLVED that, subject to the removal of
‘bedsit’ within the table on page 6, paragraph 6.13 of the document, members adopt
the draft Supplementary Planning Guidance ‘Parking Requirements in New
Developments’ in line with proposed amendments for the determination of future
planning applications and appeals. |
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HOT FOOD TAKEAWAYS SUPPLEMENTARY PLANNING GUIDANCE - CONSULTATION DRAFT PDF 83 KB To consider a report (copy attached) recommending members agree the draft SPG on hot food takeaways as a basis for public consultation. Additional documents:
Minutes: Councillor David Smith, Lead Member for Public
Realm submitted a report presenting the draft Supplementary Planning Guidance
document on hot-food takeaways as a basis for public consultation. Members referred to paragraph 6.7 regarding
litter and existing problems were highlighted leading to calls for measures to
be strengthened and swift enforcement action taken against littering
offences. The proposal to introduce a
restriction on new hot-food takeaways near schools was also mentioned,
particularly as a number of schools were located close to town centres, and it
was acknowledged that schools had their own policies on whether to allow pupils
to leave the school grounds during lunchtimes.
The Chair reminded members of their opportunity to comment on the
document during the eight week consultation period. Proposal – Councillor Meirick
Davies proposed the officer recommendation, seconded by Councillor Jeanette
Chamberlain-Jones. It was unanimously – RESOLVED that members agree the draft Supplementary Planning Guidance on hot
food takeaways as a basis for public consultation. |
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POSITION STATEMENT: MINERALS LANDBANK IN DENBIGHSHIRE PDF 131 KB To consider a report (copy attached) recommending members agree a position statement in light of the publication of the Regional Technical Statement 1st Review and Clarification Letter CL-04-14 to demonstrate Denbighshire’s commitment to contributing towards demand for minerals. Additional documents: Minutes: Councillor David Smith, Lead Member for Public
Realm submitted a report recommending members agree a position statement
following publication of the Regional Technical Statement 1st Review and
Clarification Letter CL-04-14 to demonstrate Denbighshire’s commitment to
contributing towards demand for minerals. There was a requirement to ensure an
appropriate contribution was made within the Local Development Plan (LDP) to
meet the needs for minerals. The Senior
Minerals & Wales Planning Officer elaborated upon the implications of the
review for Denbighshire’s LDP, specifically in terms of crushed rock and sand
and gravel, together with the reasoning behind the terms of the position
statement. In short the current policy
was considered flexible enough to meet new demand if the need arose given the
current allocations. In response to questions the officer explained
the potential for fracking in Bodelwyddan but
confirmed that oil and gas were not covered by the policy which would be dealt
with separately in the event they became an issue. Councillor David Smith suggested the LDP
Working Group would be best placed to look into fracking and its implications
for Denbighshire. Councillor Martyn
Holland highlighted the number of non-working quarries in his ward and queried
the potential of future reserves. The
officer confirmed there were sufficient reserves within the county and
highlighted an allocation in the LDP showing a preferred area of search in
Denbigh/Aberwheeler but no interest had been shown
from the industry. Proposal – Councillor Meirick
Lloyd Davies proposed the officer recommendation, seconded by Councillor Cheryl
Williams. It was unanimously – RESOLVED that members agree
the recommended position statement contained within paragraph 5.1 of the
report. |
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PLANNING COMPLIANCE CASE UPDATE PDF 48 KB To consider a report (copy enclosed) updating members on planning compliance cases. Additional documents: Minutes: A report was submitted updating members on
planning compliance cases, including those which had been previously authorised
at committee and general interest cases.
Members were encouraged to contact the relevant officers directly
outside of the meeting if they required more detailed information on particular
cases. RESOLVED that the report
be noted. The meeting concluded at 1.00 p.m. |