Agenda and draft minutes

Apologies for absence were received from Councillors Julian Thompson-Hill and Peter Evans.

Local Member Councillor Rhys Thomas sent his apologies for absence.

Members to declare any personal or prejudicial interests in any business identified to be considered at this meeting.

Declarations of interest were received from:

Councillor Joe Welch (Chair) declared a personal interest in agenda item 5, as he knew the applicant.

Councillor Emrys Wynne declared a personal and prejudicial interest in agenda item 6, as he knew the applicant. He stated he also resided close to the application. He also declared a personal interest in agenda item 5, as his daughter knew the applicant.

Councillor Joan Butterfield declared a personal interest in agenda item 9, as she was on the Queens Market Board

Councillor Pete Prendergast declared a personal interest in agenda item 10, as he was a director of Denbighshire Leisure.

Councillor Peter Scott declared a personal interest in agenda item 8, as he knew one of the public speakers.

Councillor Huw Hilditch-Roberts (Local Member) declared a personal interest in agenda item 6 as he knew both parties involved. He also declared a personal interest in agenda item 10 as he was a director of Denbighshire Leisure.

Councillor Hugh Evans (Leader) declared a personal interest in agenda items 5 and 9.

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.

No urgent matters were raised.

To confirm the accuracy of the minutes of the Planning Committee meeting held on the 14 July 2021 (copy attached).

The minutes of the Planning Committee meeting held on the 14 July 2021 were submitted.

RESOLVED that the minutes of the meeting held on the 14 July 2021 be approved as a correct record.

To consider an application for the erection of extensions and alterations to dwelling including construction of retaining walls, front block wall and excavation works to form level front parking area including removal of front hedge (partly retrospective) (copy attached).

Councillor Emrys Wynne left the meeting for this agenda item only as he had declared a prejudicial interest.

An application was submitted for the erection of extensions and alterations to dwelling including construction of retaining walls, front block wall and excavation works to form level front parking area including removal of front hedge (partly retrospective) at Pendorlan, Llanfair Road, Ruthin.

Public Speakers –

Mr Alun Jones (Against) – Informed the committee he lived next door to the property site. He stated he had three main concerns with the planning application.

1-    Loss of light and over shadowing – due to close proximity to the shared boundary and property. The rear single storey extension projects would over shadow the bungalow and the main bedroom window.

2-    Property projecting out at front – The two storey extension was proposed to project 1.7m further than the existing property. He stated Denbighshire planning guidance advised such extensions should not normally project excessively in front of the building unless in keeping with other developments. It was felt the window of the extension would overlook our garden and have an over bearing effect on the property and main private garden area. 

3-    Loss of privacy – the extension was so close to the neighbouring property and would have an impact on the privacy of the property. The elevation of the front window would overlook our garden. The proposed new first floor window would be 4m from the boundary and only result in loss of privacy of my property.

Mr Jones stated that two alterations that would be acceptable to him would be to move the two storey extension a further 2m away from the boundary. This would lessen the over bearing affect the extension would have on his neighbouring property. The second alteration would be to move the front of the two storey extension back, to be flush with the existing property ensuring privacy in our garden. The design of the front elevated window in the extension needs to be addressed to reduce the loss of privacy. 

Catrin Thomas (For) – Both my husband and I, have been born and raised in Ruthin along with my children. We purchased the property early this year, to stay local to Ruthin town, local businesses and children’s school. We are currently living between families houses and a caravan, whilst developments to Pendorlan are completed. Prior to the planning application submission, I visited the owners of Bryn Celyn to discuss the application and was informed they had no issues. I was very saddened to see the objections online, we believe we have done all we can to work with our neighbours. The ordeal has created stress and upset to our whole family. Our plan for development of the house to a more energy efficient, spacious home for our family would improve the street scene and bring curb appeal to the Llanfair Road.

We have worked closely with planning officers and also worked to amend the original plans with the objecting neighbours. The living layout of the existing house is very dated and does not offer open plan living. The plot layout is also back to front with parking at the rear and the garden at the front, near the busy main road not suitable for families with young children like us.

All except our property and one other have front driveways and rear gardens, our aim was to create a front driveway with level parking and a secure rear garden for our children to play.

The planning officer asked us to amend the initial plans following  ...  view the full minutes text for item 5.

To consider an application for the alteration and adaptation of existing nursing home to include extension of two additional bedrooms on the first floor, two fire escape stair enclosures and entrance canopy (copy attached).

An application was submitted for alteration and adaptation of existing Nursing

Home to include extension of two additional bedrooms on the first floor, two fire escape stair enclosures and entrance canopy at Sandy Lodge, 83 Dyserth Road, Rhyl.

Councillor Brian Jones proposed the application be deferred until a site visit took place at a local resident’s property. Councillor Jones requested a site visit to the resident’s property and neighbouring properties to ascertain the impact of the adaptation works at Sandy Lodge.

Councillor Ann Davies seconded the deferral on the basis of a site visit had been requested.

Vote -

For deferment – 8

Abstain – 1

Against – 9

RESOLVED that the request for deferral was NOT granted and the application for the alteration and adaptation of existing Nursing Home at Sandy Lodge, Rhyl be heard by the Committee.

The Chair informed members that the Public Speakers for this agenda item had been unable to attend but had provided a statement which the Development Control Manager would dictate to members. 

Written statement provided by Tim Carty (Against) – The detailed application referenced the proposed use of the facility as a private psychiatric hospital, the Medirose website spoke of accepting referrals from those detained under the mental health act and those subject to hospitalisation orders. Those appose to the application had been accused of having an issue with mental health provision, it was because we care about the appropriate provision for individuals with mental health issues that we oppose this location. The applicant was unable to specify that the unit would be classified as secure as that would suggest a change of use application so there is no guarantee the facility would be secure.

Over development – The site has been developed twice previously, expanding the building footprint and reducing the open spaces on the site, most of which will now be parking spaces. The building failed as a care home due to its unsuitability. Would you choose to send a loved one there? If not, why is it appropriate for individuals with mental health challenges. Do they not deserve better? The building is old, gloomy and unsuitable as a place for rest bite and rehabilitation. The location is in the middle of a residential area with no green space to aid recuperation. Let’s use the example of prisons, old buildings are not now deemed appropriate and modern facilities are the way forward. Why should we accept less for those with mental health issues? 

Traffic – The traffic survey relates to the previous use when the building was operating as a care home 4 years ago prior to the development which had increased traffic flow. This put pressure on the junctions meeting Dyserth road at Pen Y Maes Avenue, Park View Estate, Lon Ystrad and Heol Y Llys. Speed of the traffic had increased on that road with the traffic flow. The planning application had dedicated car parking spaces, but if that should not be enough the temptation would be to park on the main road. As witnessed at the site visit.

Need – Work is beginning shortly on a 66 bed facility less than a mile away. The Medirose website stated it is intended to provide specialist mental health services to enable local people to access high quality care as close to their family and social networks as possible. Should there not be a need for local referrals are we expecting Rhyl to become a dumping ground for patients outside the region. A freedom of information request reveals in the period 2018-2021 the local NHS trust referred 90  ...  view the full minutes text for item 6.

To consider an application for the change of use of land to ""SkyFlyer Balloon"" tourist attraction including the installation of concrete platform, mounted winch and associated ""Skyflyer Balloon and basket, siting of toilet and reception buildings, landscaping and associated works (copy attached).

An application was submitted for the change of use of land to ""SkyFlyer

Balloon"" tourist attraction including the installation of concrete platform,

mounted winch and associated ""Skyflyer Balloon and basket, siting of toilet

and reception buildings, landscaping and associated works at the former Sun Centre Site, East Parade, Rhyl.

Public Speaker –

Mr Sean Taylor (Agent) (For) – Stated his objective of the attraction was to create an all year round world class experience in an iconic place. The unique selling point for the attraction would be first aerial attraction of the type in the world. It would fly at 40 knots of wind and elevate 30 people up to altitude of 120 meters. The attraction would be able to withstand wind of excess of 80 knots. The proposal represents an investment of more than £2mil and would support the employment of 7 full time and 4 part time employees for phase one.

It was envisaged the visitor numbers for year one to be 67175, year two to be 133,000 and by year four a plateau of 145,000. It was hoped the attraction would be opened in Easter 2022 but due to delays it was now hoped for a May opening date. There was an 8-9-month timeframe for the manufacture and installation of the balloon. Previous work with accommodation providers, other activity providers, local and Welsh Governments to create a sustainable tourist attraction. The SkyFlyer attraction was diverse and attracting a wide range of visitors. The attraction would provide users a visual experience to see Rhyl and the surrounding areas. Close working with Denbighshire Leisure with the development would continue.

General Debate – Councillor Tony Thomas (Local Member) stressed the development would be an iconic development for Rhyl and would enhance the area. He stated he felt the development would create jobs and bring business into the area.

Councillor Tony Thomas proposed the application be granted in accordance with officer recommendations, seconded by Councillor Peter Scott.

Councillor Butterfield made particular reference to Condition 11 to the report, regarding the removal of structures if the attraction ceased for a period of 6 months. She asked if it was possible to add additional explanation and details to the condition.

Councillor Tony Thomas, as the proposer stated he was happy with the condition as it was included in the report.

In response to Councillor Butterfield’s concerns, the Development Control Manager confirmed the land where the attraction was sited was owned by the Authority. If members requested, officers could look at the imposed condition and amend with more specific conditions. The other option would be for DCC as land owner to manage the future management of the site.

Councillor Christine Marston asked for clarification on condition 7 regarding the signage and advertising around the site and balloon. The Development Control Manager stated any future signage would need to be submitted for approval by the LPA.

Proposal ­-  Councillor Tony Thomas proposed the application be granted in accordance with officer recommendations, seconded by Councillor Peter Scott.

Vote –

For – 18

Abstain – 0

Against – 0

RESOLVED that permission be GRANTED in accordance with officer

recommendations as detailed within the report and supplementary papers.

At this junction (15:10 p.m.) there was a 10 minute break.

Meeting reconvened at 15.20 p.m.

To consider an application for the conversion, restoration, part demolition and adaptation of main range listed buildings to residential use (34 dwellings); demolition of Nurses Home, Mortuary, Isolation ward, Aled ward and former gasworks buildings; and development of land within the hospital grounds for mixed use as enabling development, including up to 300 no. residential units and up to 1114 square metres of business units (comprising a mix of A1, A2, A3, B1, C1, C2, C3, D1 and D2 uses); siting of the Denbigh Cricket Club; and construction of access, drainage and associated works (copy attached).

An application was submitted for Conversion, restoration, part demolition and adaptation of main range listed buildings to residential use (34 dwellings); demolition of Nurses Home, Mortuary, Isolation ward, Aled ward and former gasworks buildings; and development of land within the hospital grounds for mixed use as enabling development, including up to 300 no. residential units and up to 1114 square metres of business units; siting of the Denbigh Cricket Club; and construction of access, drainage and associated works at the Former North Wales Hospital, Denbigh.

The Chair referred members to the officer notes detailed in the supplementary papers along with comments made by Councillor Rhys Thomas who had apologised he could not attend the committee meeting.

The Development Control Manager stated he felt it important to provide members with a brief introduction to the report. Members had also received an informal briefing on this application on Wednesday 1^st September 2021.

The application presented to members was a ‘hybrid’ application. This meant part of the application contained detailed plans and a second element provided outlines, with further details to be submitted alongside further applications.     

The proposal included the conversion and restoration of the main grade 2 star listed building into 34 dwelling units. Alongside this restoration and in part to enable and fund the restoration the proposal included the development of up to 300 dwellings, 1,114 square meters of commercial space and other ancillary works, with these works to include the possible relocation of the Denbigh cricket club and other infrastructure works.

The planning application had been made by Jones Bros, Ruthin holdings limited and had been subject to a full pre application consultation process in early 2020. This process was statutory and involved wide scale community consultation. Local authority planning officers had worked with a wide range of specialist consultees and the applicant’s numerous consultants. It was noted that there had been no objections from any specialist consultees. 

The Development Control Manager touched upon previous planning applications for development at the site which committee had previously determined. Two relevant applications had been granted by previous planning committees for restoration of listed building and the development of areas of the site for housing and commercial uses. One of these had been granted in 2007 and more recently a scheme was presented to Planning committee in 2016 which members resolved to grant subject to a 106 legal agreement.

Those schemes and the proposed scheme involve the concept of enabling development. This concept is set out in the Local Development Plan policies, adopted site development brief and National guidance. Enabling development allowed for housing and other developments to take place in order to fund the restoration and reuse of heritage assets. In the application presented the scheme proposed sought enabling development of 300 dwellings to fund in part the restoration of the main range grade 2 star listed buildings at the former Denbigh Hospital.   

The report set out the detailed assessments that had taken place in line with the LDP policy VOE4. This policy provided guidance on enabling developments. Officers concluded the proposals presented to the committee adheres with the policy and the adopted site development brief. The report set out relevant controls and obligations to ensure that the restoration of the listed buildings took place alongside any enabling development.

Officers emphasised that extensive negotiations and discussions with technical consultees and appointed solicitors had taken place to ensure the submitted information had been scrutinised and checked. Officers suggested it would be appropriate to submit a further report to committee detailing the precise section 106 legal agreement terms.  The general terms had been  ...  view the full minutes text for item 8.

To consider an application for a variation of condition no. 2 of planning permission code no. 43/2018/0900 to permit amendments to the siting of the residential apartment block and raising of the finished floor level (copy attached).

An application was submitted for the variation of condition no. 2 of planning permission code no. 43/2018/0900 to permit amendments to the siting of the residential apartment block and raising of the finished floor level at 1, The Dell and Land to rear of The Dell, Prestatyn.

The Local Member Councillor Tina Jones, informed members both Councillor Hugh and Irving and Councillor Jones had been involved in the development at the site. Planning permission had originally been granted in December 2018 to develop the property. The proposed amendments had been to bring the footprint of the apartment block further way from the rear boundary 2.5m.

The amendment would create a distance from the walk way. It would still remain within the recommended legal distance from other properties.

It was also proposed to rise the finished floor level by 250mm from 15.500AOD as had been previously approved to 15.750AOD which in turn would increase the height of the building by 250mm. 

The Chair confirmed the reason it had been presented to the committee had been due to objections received from Prestatyn Town Council.

Proposed by Councillor Tina Jones to grant the application in accordance with officer recommendations, seconded by Councillor Bob Murray.

VOTE –

For – 14

Abstain – 0

Against – 0

RESOLVED that permission be GRANTED in accordance with officer

recommendations as detailed within the report and supplementary papers.

To consider a Hybrid Planning application (Full details and outline) for the redevelopment of 0.93ha of land known as Queens Market, incorporating the following elements:Full Details:- Demolition of the Bright Spot building on the corner of West Parade and High Street- Demolition of 2-6 High Street- Erection of Food and Market Hall - Erection of multi- purpose events space- Erection of electrical substation- Retention and refurbishment of Queens Chambers Building fronting Sussex Street- Retention of the existing temporary car park on Queen Street- Provision of some temporary and permanent hard/soft landscapingOutline: Development of Class C3 (residential apartments), Class A1 (retail), Class A2 (financial and professional), Class A3 (food and drink), Class B1 (Offices), Class D1 (non-residential), Class D2 (assembly and leisure). All detailed matters for these elements are reserved for future applications (copy attached).

A Hybrid Planning application was submitted for the redevelopment of 0.93ha of land known as Queens Market, Sussex Street Rhyl.

The Development Control Manager (DCM) apologised that the Local Members noted in the report had been incorrectly stated. He confirmed the Local Members to be Councillor Joan Butterfield and Councillor Alan James.

Members were provided with a brief introduction to the ‘hybrid’ planning application which proposed a mixed-use assembly/leisure and housing redevelopment scheme in Rhyl town centre. Extensive pre application consultation and specialist consultee negotiations resulted in the application having no technical objections. 

Members heard the application aimed at regenerating a 0.93 hectare block of land between West Parade, Queen Street, Sussex Street and the High Street referred to collectively as “Queens Market”.

The application contained detailed elements of the proposal including the creation of a food and market hall, a multi-purpose event space and the refurbishment of Queens Chambers building and parking. The report also included outline components for future phases including the development of a mixture of commercial use and residential apartments. It was confirmed further detailed applications would need to be submitted for those developments. 

The scheme was seen as a key element to the Rhyl Town Centre regeneration strategy. The aim for the site had been to provide a focal point to link the town centre to the promenade. The report also highlighted the economic and regeneration benefit of the scheme including the redevelopment of a prominent site, and creating jobs and economic activity in to the town.

The Local Member Councillor Joan Butterfield was contented with the application. The regeneration of the Queens Building would benefit the whole of the community and surrounding areas in Denbighshire, proving a range of produce and activities. The regeneration of the site would increase the number of all year jobs available. The Local Member Councillor Alan James reiterated the thoughts of Councillor Butterfield.   

Proposed by Councillor Joan Butterfield to grant the application in accordance with officer recommendations, seconded by Councillor Mark Young.    

Vote –

Grant – 15

Abstain – 0

Refuse – 0

RESOLVED that permission be GRANTED in accordance with officer

recommendations as detailed within the report and supplementary papers.

To receive a report informing members that the Council have received an objection to provisional Tree Preservation Order No.6 (2021) Land at Cilgoed, St David’s Lane, Denbigh (copy attached).

The Planning Officer guided members through the report (previously circulated).

Members were informed the tree was situated within a conservation area. A request for work to that tree had been made, but officers felt the tree was worthy protecting. It was felt the tree made a valuable contribution to the conservation area. Following communication with conservation officers and the tree consultant an emergency TPO was imposed on the tree. Following the consultation, one objection had been received. Officers were still of the opinion that the tree was worthy of protection and sought members’ agreement to confirm the TPO.

Councillor Mark Young, seconded my Councillor Peter Scott proposed to endorse officer recommendation for the Tree Preservation Order No. 6 (2021) Land at Cilgoed, St David’s Lane, Denbigh without modification to afford the Purple Leaved Norway Maple continued protection.

Local Member Gwyneth Kensler confirmed the owners of the land were the tree was situated, were happy to protect the tree. The Local member was happy to support the recommendation.

Proposal - Councillor Mark Young proposed the application be granted in accordance with officer recommendation, seconded by Councillor Peter Scott.

Vote –

For – 13

Against – 0

Abstain – 0

RESOLVED that the Tree Preservation Order No. 6 be APPROVED without modification, in accordance with officer recommendations as detailed within the report.