Agenda and draft minutes

Apologies for absence were received from Councillors Brian Jones, Melvyn Mile and Pete Prendergast.

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

Councillor Merfyn Parry declared a personal interest in agenda item 6 as the applicant had a business account with Councillor Parry’s employer.

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 12 January 2022 (copy attached).

The minutes of the Planning Committee held on 12 January 2022 were submitted.

Matter of accuracy –

Councillor Meirick Lloyd Davies outlined the omission of his comments regarding the site visit to application No. 46/2019/0806 - Bod Haulog, The Roe, St Asaph within the minutes. He indicated that he understood he wasn’t a member of the committee; however, he attended the site visit on behalf of Plaid Cymru. His comments were as follows -

The application site was within St. Asaph and lay in the current Local Development Plan (LDP). The argument that Natural Resources Wales (NRW) used concerning the application was not sound. NRW commented that there would be nowhere for the flood water to go if the application was granted. Councillor Lloyd Davies believed these comments to be untrue, as was highlighted by the public speaker for the item (Gwyn Davies). If the committee used NRW’s argument, there could be no developments on any land near possible flooding within St. Asaph. Councillor Meirick Lloyd Davies highlighted how NRW had not responded to the applicant's report on the site. The matters raised by NRW were written as if the flood defences were to fail, Councillor Lloyd Davies urged the committee to support the applicant with any conditions the committee saw fit.

RESOLVED that the minutes of the meeting held on 12 January 2022 be approved as a correct record.

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 the publication of the agenda, which contained additional information relating to those applications. In order to accommodate public speaking requests, it was agreed to vary the agenda order of applications accordingly.

To consider an application for the Erection of 2 no. detached dwellings and associated works at land at (part garden of) Llys Gwyn, Bryn Goodman, Ruthin (copy attached).

An application was submitted for the Erection of 2 no. detached dwellings and associated works at land at (part garden of) Llys Gwyn, Bryn Goodman, Ruthin

Proposal – Councillor Emrys Wynne proposed the application be deferred to allow a site visit, as it could not be organised due to the short notice of the application being presented to the committee, seconded by Councillor Gwyneth Ellis.

VOTE:

FOR – 14

AGAINST – 0

ABSTAIN – 1

RESOLVED that the application submitted for the Erection of 2 no. detached dwellings and associated works at land at (part garden of) Llys Gwyn, Bryn Goodman, Ruthin be deferred to a future meeting for the reasons set out by Councillor Emrys Wynne above.

To consider an application for the erection of 2 agricultural buildings for the housing of livestock. Installation of feed silo and under ground effluent tank. Formation of hardstandings and surface water attenuation pond, landscaping and associated works at Glan Y Wern Farm, Whitchurch Road, Llandyrnog Denbigh (copy attached).

An application was submitted for the erection of 2 agricultural buildings for the housing of livestock. Installation of feed silo and underground effluent tank. Formation of hardstanding and surface water attenuation pond, landscaping and associated works at Glan Y Wern Farm, Whitchurch Road, Llandyrnog

Denbigh.

Public Speaker –

David Haston (For) – thanked the committee for being allowed to speak. The proposed development would be for two modest agricultural buildings to house livestock. The feeding and bedding for the livestock would be an environmentally friendly option. The buildings had been designed specifically to meet the welfare of the livestock with good ventilation and above standard space requirements.

The public speaker stated that the development would occur at an existing farmstead rather than a remote location. Objectors had raised matters relevant to the application; however, they had been addressed to the satisfaction of consultees and the case officer.

Mr. Haston noted the proposed development was not large-scale, it constituted a small/minor development, and this was not an intensive agricultural development. The existing hedgerow would mitigate any visual impact, and the ammonia impact was deemed acceptable by Natural Resources Wales. The heritage officer had no objection to the development. NRW was content with the manure storage and would meet the water resources management; there would be no impact on the area's ecology.

General Debate –

Councillor Merfyn Parry (local member) had no concerns with the application presented; the concerns that the residents had raised had been addressed through the planning procedure. Councillor Parry also indicated that there was ample distance from the proposed development and pre-existing sites.

Proposal – Councillor Merfyn Parry proposed the application be granted in accordance with officer recommendations, seconded by Councillor Mark Young.

Members queried with officers the public protection’s officer’s comments within the report and whether the County Ecologist was content with the proposal. Responding officers clarified that the comments from the Public Protection officer were not formal; however, they were satisfied with the proposal. Regarding the County Ecologist, they had no concerns with the development and the ammonia impact due to the scale of the proposed development.

VOTE –

FOR – 15

AGAINST – 0

ABSTAIN – 0

RESOLVED that permission be GRANTED in accordance with officer recommendations detailed within their report.

To consider an application for the Erection of a garden implement store (retrospective application) Bryn Ffynnon, Bodfari, Denbigh (copy attached)

An application was submitted for the Erection of a garden implement store (retrospective application) Bryn Ffynnon, Bodfari, Denbigh.

Public Speaker –

Peter Lloyd (For) – thanked the chair for the opportunity to speak; Bryn Ffynnon was built replacing a pre-existing dwelling under planning permission which was granted in 2014. The approval did not constrain or remove permitted developments for the dwelling or any detached curtilage buildings.

Mr. Lloyd stated that the garden store was erected on the understanding it was class E permitted development for garden implements and a ride-on lawnmower. Upon realizing that it would need planning permission due to the site being within the AONB, the application was brought to the planning committee. In the course of the application, the applicant had agreed to additional landscaping. The public speaker felt that the development was minor, was appropriate in size and designs, and supported the officers’ recommendations.

General Debate –

Councillor Christine Marston (local member) informed the committee that the development was elevated and seemed more prominent. The matter was being discussed due to concerns raised by the enforcement officers. Councillor Marston queried with officers how the committee could have an assurance that the applicant would carry out the planting scheme and whether conditions could be included to mitigate any light pollution at the site.

Responding officers clarified they could not enforce any conditions with lighting on any pre-existing properties; however, they would liaise with the applicant on the lighting on the store. The enforcement team would look at the planting scheme to ensure the applicant carried it out.

Proposal – Councillor Christine Marston proposed the application be granted in accordance with officer recommendations, seconded by Councillor Peter Scott.

Members queried whether any methods could be carried out to ensure that the landscaping at the site would be of a suitable standard. Officers responded by informing the committee that the enforcement team would look at the site to maintain the standards required.

VOTE –

FOR – 15

AGAINST – 0

ABSTAIN – 0

RESOLVED that permission be GRANTED in accordance with officer recommendations as detailed in the report.

To consider an application with details of appearance, landscaping and scale of 33 no. dwellings submitted in accordance with condition no. 1 of outline planning permission code no. 23/2016/0557 (reserved matters application) at land adjacent to Dolwar, Llanrhaeadr, Denbigh (copy attached).

An application was submitted with details of appearance, landscaping, and scale of 33 no. dwellings submitted in accordance with condition no. 1 of outline planning permission code no. 23/2016/0557 (reserved matters application) at land adjacent to Dolwar, Llanrhaeadr, Denbigh.

General Debate –

Councillor Joe Welch (local member) highlighted some areas within the report for officers; firstly, Councillor Welch raised whether the planning officers had contacted the County ecologist regarding the proposed tree planting. Secondly, Councillor Welch queried any additional information regarding the sewerage.

Officers responded, clarifying that any matters concerning sewerage would be dealt with by Welsh Water rather than the planning authority. Regarding the tree planting, the County ecologist was happy with the variety of trees presented within the plans.

The committee queried whether any consideration had been given to active travel with the site, and the nearby school, as although the location was close to the school, some busy roads would still need to be crossed. Planning officers stated that members could discuss any matter relating to active travel with the relevant officer.

Members raised disappointment regarding the plan and the affordable housing and how the houses would be grouped rather than scattered across the proposed application. Planning policy RD1 was outlined as the proposed development would impact pre-existing dwellings in the area. In response, officers clarified that the application was a reserved matter, and the land was already agreed to be used within the current LDP, hence planning policy was not being ignored.

Officers informed the committee on reserved planning applications, as members queried what the term meant. They were reserved matters were aspects of a proposed development which an applicant could choose not to submit details of with an outline planning application; they could be 'reserved' for later determination.

Proposed – Councillor Merfyn Parry proposed the application be granted in accordance with officer recommendations, seconded by Councillor Christine Marston.

VOTE –

FOR – 14

AGAINST – 1

ABSTAIN – 0

RESOLVED that permission be GRANTED in accordance with officer recommendations detailed within their report.

Officers informed the committee of an additional late item included on the blue sheets. They stated that Members might recall that the Council were invited to comment on the Awel y Mor offshore windfarm pre-application consultation in Autumn 2021, and the Council’s pre-application consultation response was discussed at the October 2021 Planning committee

Before submitting an application for development consent, the developer has invited the Council and other consultees to comment on the updated plans. Any comments the Council wished to make need to be submitted to the developer before 2 March 2022.

Due to the short timescales, officers were seeking delegated powers to submit comments on the updated plans on behalf of the Council. Officers stated that if members were to propose any amendments, they were to liaise with the relevant planning officer.

Officers and the Chair stated that there wasn’t any intention to discuss the matter; they sought the Committee’s approval to delegate the matter to the officers. In closing officers clarified that the proposals were still at their pre-application stage and that anyone could raise concerns.

Members agreed with the delegation of the powers; there were no abstentions or votes against the matter.

RESOLVED that the Planning Committee approves to delegate the powers to officers to comment on the updated plans for Awel y Mor Offshore Windfarm.