Agenda and draft minutes

Apologises for absence were received from Councillors Chris Evans, Andrea Tomlin and Cheryl Williams.

The Chair welcomed Councillor Justine Evans as a new Member of the Planning Committee.

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

There were no personal or prejudicial declarations raised.       

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.

The Chair declared he intended to include for discussion the following matter requiring urgent attention –

NOMINATION OF VICE-CHAIR

The Chair informed Members that following Councillor Peter Scott’s appointment to Chair of the Council, he was now no longer able to sit on the Planning Committee.

Nominations were sought for the position of Vice-Chair of the Planning Committee for the remainder of 2023/2024 municipal year.

Councillor Gareth Sandilands proposed Councillor Alan James be appointed Vice-Chair, he stated Councillor James was held in high regards as a Planning Member and over the previous 10 years had completed all Planning training offered, seconded by Councillor Arwel Roberts.

There being no further nominations, it was –

RESOLVED that Councillor Alan James be appointed Vice-Chair of the Planning Committee for the remainder of the 2023/2024 municipal year.

To confirm the accuracy of the minutes of the Planning Committee meeting held on the 08 November 2023 (copy attached).

The minutes of the Planning Committee held on 8 November 2023 were submitted.

Matters of accuracy – None

Matters arising – None

RESOLVED that, subject to the above, the minutes of the meeting held on 8 November 2023 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 received since the publication of the agenda, which contained additional information relating to those applications.

To consider a consolidating application for the extension of winning and working of limestone, importation of inert waste and restoration to amenity land at Graig Quarry, Graig Road, Denbigh (copy attached).

An application was submitted for the extension of winning and working of limestone, importation of inert waste and restoration to amenity land at Graig Road, Denbigh.

The Chair asked the Legal Officer to read through some late representations received from Welsh Government.

The Legal Officer informed Members that the Planning Authority was in receipt, as of this morning, of a holding direction from the Welsh Government under article 18 of the Town and Country Planning Development Management Procedure Wales Order 2012. It was in respect of a consolidating application for the extension of winning and working of limestone, importation of inner waste and restoration to amenity land at Graig Quarry, Graig Road Denbigh.

The letter stated the Welsh Ministers had been asked to call-in the application for their own determination. Article 18 of the Town and Country Planning Development Management Procedure Wales Order 2012 enabled the Welsh Ministers to give direction restricting the grant of permission by a local planning authority.

The letter permitted the author permission on behalf of the Minister for Climate Change to officially direct Denbighshire County Council, effective from the date stated on the letter, not to grant planning permission in respect of, A- application no 01/2022/0523/ MA or, B- any development of the same kind which was the subject of the application on any site which formed part of or included land to which the application relates, without the prior authorisation of the Welsh Ministers. The direction would enable further consideration to be given to whether or not the application should be referred to the Welsh Ministers for determination. The direction prevented Denbighshire County Council only from granting planning permission, it did not prevent the authority to continue to process and consult on the application.  It did not prevent the authority refusing the application if it so determined.

The letter referred to article 31 which provided for the Welsh Ministers to vary or cancel the direction in relation to the land and type of development covered. The authority would be informed on the decision of the Welsh Ministers on whether the application was being called in as soon as it was made.         

The Development Control Manager clarified that Welsh Government do hold the power to issue a holding direction to a local authority. It prevents the authority in granting planning permission until the Welsh Government had assessed the proposal. It does not prevent the local planning authority processing the planning application. Welsh Government would, in any case, ask the authority what decision the Planning Committee would have made on the application as part of its determination.

The local authority was not permitted to issue a grant of planning permission based on the holding direction.

The Chair thanked the Legal Officer and Development Control Manager for clarifying the meaning of the letter.

Public Speaker –

Mair Jones (AGAINST) – She stated Crest fields and woods was a cherished place. The facts and measurements included in the report did not identify the area. She stressed 284 individuals had made legitimate objections against the proposal. If the planning policy had been followed through a place making process, the feelings of the Crest area, its positive impact on individual’s health and wellbeing would have been considered at the outset and not dismissed.

The Council had agreed to extend the quarry’s operation and not the footprint of the site. She questioned if a promise had been made at that stage that operations would cease in 2028 and the extension allowed on those grounds. She stressed Breedon (applicant) wanted to extend the operations for another 25 years at the  ...  view the full minutes text for item 5.

At this juncture (11.30 am) there was a 20 minute comfort break.

The meeting reconvened at 11.50 am.

To consider a retrospective application for the installation of perforated roller shutter to front elevation at 46 High Street, Prestatyn (copy attached).

A retrospective application was submitted for the Installation of perforated roller shutter to front elevation at 46 High Street, Prestatyn (previously circulated).

Local Member -  Councillor Jon Harland informed Members he had received several representations from local residents. The main concern he had received had been around the colour of the shutter. A number of other shutters on neighbouring businesses were located on the inside of properties. This retrospective application had the shutter on the outside of the property. In his opinion it did not cause an issue.

General Debate –

Councillor Merfyn Parry confirmed the application was retrospective and sat outside the conservation area within Denbighshire. He was in support of the application as it was not in the conservation area. He suggested that guidance be issued to businesses within the conservation area detailing the rules and policies on planning policies and procedures.

Councillor Merfyn Parry proposed the application be GRANTED in accordance with officer recommendation.

Councillor Terry Mendies urged Members to refuse the application. He provided two reasons. The first being the application was retrospective. In his opinion he felt that should give merit to refuse. The second reason was the appearance of the shutter. He felt the shutter was unattractive and visually unappealing. The property although not included within the conservation area was in close proximity.

The Principal Planning Officer stressed that an application received retrospectively was not a material planning consideration for refusal alone for refusal. He confirmed the site was not in the conservation area but in close proximity to the boundary. The concern was based on the impact of shutters on the visual appearance of the property on the High Street. Officers had discussed the application with the conservation officer who was not in support of the application due to its location. Planning officers had taken this into consideration when providing a recommendation along with the need for security on the site.

He guided Members to the illustrations that had been included with the papers, which showed the building with the shutter in place. In officer’s opinion the shutter did not have a prominent position in the conservation area or street scene.

The reason officers brought the application to the committee was due to some concerns raised in relation to the visual impact and to enable proper debate on the issues.

Members debated the balance of visual amenity against security for the site. Members were supportive of guidance and information being provided to businesses in the area providing details of planning policies.

Members were mindful of the high value stock retailed at the premises and stressed the need for the site to have appropriate security in place.

Local Member Councillor Hugh Irving echoed Members view on the need of security for the site. He stressed he would not like to see the site vacant on the High Street and supported the application.

Members also noted the potential requirements that may be in place for security at the site to ensure insurance of the goods and property.

Councillor Merfyn Parry proposed the application be GRANTED in accordance to officer recommendation seconded by Councillor Alan James.      

VOTE –

For – 12

Against – 4

Abstain – 0

RESOLVED that the planning application be GRANTED in accordance with officer recommendation.   

To consider an application for the change of use of part of existing nursery to form one dwelling and associated works at 157 Vale Road, Rhyl (copy attached).

An application was submitted for the change of use of part of existing nursery to form one dwelling and associated works at 157 Vale Road, Rhyl.

The Principal Planning Officer referred Members to the late information that had been submitted on the late representation sheet.

He informed Members that it had been brought to officer’s attention a further application had been submitted by the applicant for the reminder of the site which would if granted a total number of 4 dwellings would be on the site. Officers felt it was appropriate that both applications should be presented to the Planning Committee at the same time.  

Councillor Alan James proposed deferring the application. Councillor Merfyn Parry seconded the proposal.

VOTE –

For Deferral – 15

Against – 0

Abstain – 0

RESOLVED that the planning application be DEFERRED.

To consider a report on the national policy changes that were made to Planning Policy Wales Edition 11 Chapter 6 (copy attached).

The Development Control Manager introduced the information report to the committee. He reminded Members that from October 2023 there had been a change to Planning Policy Wales 11 Chapter 6 – which addressed nature emergency through the planning system. It specified that all planning applications had to submit a green infrastructure statement to demonstrate any development proposals could provide a net benefit in terms of bio-diversity.

Members suggested a training event on the changes proposed would be beneficial to all Planning Members. The Lead Member for Local Development and Planning agreed that a training session on the new policy and changes was a positive suggestion and was in support.

The Development Control Manager confirmed a training session could be scheduled following officers receiving guidance information from Welsh Government.

RESOLVED that Planning Committee members note the contents of the information report.

To consider a report by the Head of Planning, Public Protection and Countryside Services with suggested amendments to the Planning Scheme of Delegation (copy attached).  

The Development Control Manager introduced the report on the scheme of delegation (previously circulated).

The Planning Scheme of Delegation was a document adopted by the Planning Committee that set out the range of applications that were presented to Committee for determination.

Officers stressed there was no proposed change to the right for Members to request referral of relevant applications to Planning Committee

The proposed change related to the role and input of the authority in relation to nationally significant infrastructure projects and developments of national significance. The authority was not the decision maker for those applications with the final determination being made by Welsh Ministers.

Members heard often these applications had time restrictions and put pressure on officers and Members to supply input to the developer and Welsh Government as part of the pre application consultations and as part of the local impact report requirements. Often it was difficult given the time limits to produce reports and present to committee.

Officers were seeking, as part of the proposed change, that any pre application and application input that officers intended to provide be delegated to officers in agreement with relevant Local Members and Lead Members.

Members were very pleased and supportive of the proposed change. The Lead Member for Local Development and Planning, agreed the change would be beneficial for officers and residents.    

Members heard if the proposed changes were agreeable by the Committee the changes would be effective immediately.

By a show of hands, it was unanimously,

RESOLVED, that Members note the contents of this report and adopt the suggested changes to the Scheme of Delegation.

The Chair closed the meeting by thanking all officers and Members for the commitment and dedication during the year. He concluded by wishing everyone a Merry Christmas and best wishes for the New Year.

The meeting concluded at 12.20 p.m.