Agenda and draft minutes
Venue: Denbigh Town Hall, Denbigh
Contact: Committee Administrator 01824 706715 Email: democratic@denbighshire.gov.uk
Note: Owing to essential work on the webcasting system this meeting will not be webast.
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POINT OF NOTICE The Chair explained it had not been possible to hold the meeting in Ruthin Council Chamber as usual due to works being carried out which also meant that the meeting could not be webcast and the electronic voting equipment could not be used. The minutes would provide a formal record of the meeting and the vote would be taken by show of hands. |
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Additional documents: Minutes: Councillors Peter Evans, Hugh Irving and Bill Tasker Councillors Rhys Hughes and Dewi Owens would be arriving late for the meeting. |
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DECLARATIONS OF INTEREST PDF 58 KB Members to declare any personal or prejudicial interests in any business identified to be considered at this meeting. Minutes: Councillor Joe Welch – Personal Interest – Agenda Item 5 Councillor Arwel Roberts – Personal Interest – Agenda Items 5 & 11 Councillor Ann Davies – Personal Interest – Agenda Item 11 |
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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. 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 8 February 2017 (copy attached). Minutes: The minutes of the Planning Committee’s meeting held on 8 February 2017 were submitted. RESOLVED that the minutes
of the meeting held on 8 February 2017 be approved as a correct record. |
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APPLICATIONS FOR PERMISSION FOR DEVELOPMENT (ITEMS 5 - 11) - Applications received requiring determination by the
committee were submitted together with associated documentation. Reference was also made to late supplementary
information 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. |
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To consider an application for erection of 75 no. dwellings, together with associated roads, open space
and related works at Land at Cae Topyn, off Old Ruthin Road, Ffordd Eglwyswen,
Denbigh (copy attached). Additional documents: Minutes: [Councillor Joe Welch declared a personal
interest because the owner of the field subject of the applicant was a
friend. Councillor Arwel Roberts
declared a personal interest in this item in so far as it related to the Chapel
where he often preaches.] An application had been submitted for erection
of 75 no. dwellings, together with associated roads, open space and related
works at land at Cae Topyn,
off Old Ruthin Road, Ffordd Eglwyswen,
Denbigh. Public Speakers – Dr. H. Watkin (Against) –
referred to documentation he had sent to members the previous day regarding his
opposition to the development and highlighted particular areas of concern
relating to pedestrian access; open space; highways and parking; flooding, and
impacts on the Welsh language and biodiversity. Mr. M. Gilbert (For) – stressed that the site had been allocated for residential
development within the LDP and therefore argued that objections to the location
and distance to facilities were irrelevant points. He reported upon requirements imposed through
the application procedures and responded to issues raised regarding traffic
generation and parking, flooding, biodiversity and education. General Debate – The Development Manager introduced the item
advising that the site formed part of a larger land allocation for housing in
the LDP. He drew attention to the large
shortfall in housing completions over the LDP period advising that the
development would provide 75 houses and a range of dwellings (with just over
the 10% minimum for affordable housing), open space and a commuted sum payment
of £31,993. In order to guide potential
developers a Site Development Brief (SDB) had been adopted, and whilst not
policy, this SDB provided guidance and was a material planning consideration in
this case. The main planning
considerations had been set out in the report and the SDB had also been
considered in relation to the proposals as part of that process. No objections had been raised by specialist
consultees and appropriate documentation had been provided in relation to the
relevant assessments and strategies required.
Finally members were reminded that the material planning considerations
related to the impact of the proposal as opposed to the principle of the
development. Councillor Mark Young (Local Member)
highlighted the huge amount of work in developing the SDB for the Brookhouse Sites which formed the basis for the
determination of planning applications on the site, and he considered that many
aspects of the proposed development did not conform to those requirements. That view was shared by fellow Denbigh
Councillors Colin Hughes and Gwyneth Kensler who provided some history to the
site within the current context of the planning application and the allocation
of the sites by the Planning Inspectorate.
Denbigh residents had opposed the site allocation in the LDP and were
not being best served by the current development proposals. Councillor David Smith also advocated the
strict use of SDBs when considering planning applications and was disappointed
that more weight had not been attached to the SDB on this occasion. The general consensus was that, given that
that the SDB had been tailored specifically to the Brookhouse
Sites, and despite assurances that SDBs would be robustly complied with, it had
not happened in this case. Questions
were also raised at this point regarding the transport assessment and measures
of addressing flooding concerns together with drainage problems. Concerns were also raised regarding the
robustness of the legal agreements proposed given that many had been contested
and subsequently overturned in the past. Officers responded to members concerns and
questions as follows – · clarified the terminology around SDBs confirming that the SDB was not policy as a matter ... view the full minutes text for item 5. |
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To consider an application for demolition of existing buildings and redevelopment of land by the
erection of 70 extra care apartments, community living unit, construction of
new vehicular and pedestrian accesses, alteration of existing vehicular access and
hard and soft landscaping at Site of former Denbigh Technology And Vocational
Education Centre, Middle Lane, Denbigh (copy attached). Additional documents: Minutes: An application was submitted for demolition of
existing buildings and redevelopment of land by the erection of 70 extra care
apartments, community living unit, construction of new vehicular and pedestrian
accesses, alteration of existing vehicular access and hard and soft landscaping
at site of former Denbigh Technology and Vocational Education Centre, Middle
Lane, Denbigh. Public Speaker – Mr. R. Dafis
(Applicant/Grwp Cynefin) (For) – highlighted the close working
between Grwp Cynefin and
the Council to develop the proposal and provide much needed housing for the
benefit of older people in the area in a prime location close to the town. Also reported upon works to mitigate traffic
flow with a detailed Traffic Plan being in place for the construction period. General Debate – Councillor Gwyneth Kensler (Local Member)
supported the application which would provide a much needed purpose built
facility for local residents by conversion of a long standing derelict site. She acknowledged concerns regarding highway
issues which she would discuss further with the Highways Officer but urged
members to grant the application.
Councillor Barry Mellor welcomed the development and praised Grwp Cynefin for the work they
had undertaken with similar schemes.
Councillor Meirick Davies was keen for some stones from the old school
building to be preserved in the new build and officers advised that the use of
materials could be covered in the planning conditions. Proposal – Councillor Barry Mellor proposed the officer
recommendations to grant the application, seconded by Councillor Arwel Roberts. 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. 20/2016/0164/PO - LAND AT TY COCH FARM, GRAIGFECHAN, RUTHIN PDF 6 KB To consider an application for development of 0.1 ha of land by the erection of 2 no. local needs affordable dwellings (outline application - all matters reserved) at Land at Ty Coch Farm, Graigfechan, Ruthin (copy attached). Additional documents: Minutes: An application was submitted for development of
0.1 ha of land by the erection of 2 no. local needs affordable dwellings
(outline application – all matters reserved) at land at Ty Coch
Farm, Graigfechan, Ruthin. Public Speaker – Mr. H. Evans (For) – argued that the development would help meet affordable
housing need in the area but the stringent tests applied made it extremely
difficult to provide them. The site sat
comfortably in the area and would be seen as part of the current development. In reality it would become part of the
settlement boundary. General Debate – Councillor Hugh Evans (Local Member) clarified
that the local member referred to in the report was the local community
councillor. Councillor Evans supported
the application advising that the housing was intended for a fourth generation
local family, well respected in the community, and presented their only option
to live in the area they were brought up.
He submitted that the application was in the spirit of other council
aspirations including sustainability of the Welsh language, more vibrant and
rural communities, providing opportunities for young people to live in
Denbighshire, provision of affordable housing, and resilience and
sustainability in communities. There had
been no objection to the application. Members considered the merits of the
application and were keen to support local families in such cases where they
wished to live within their communities but there was a lack of affordable
housing. The intention of the family to
gift the land for the development was noted and there was family support to
ensure the housing was affordable to the other family members. It was also noted that the family had
accepted that local need affordable houses must be available in perpetuity and
any permission would be subject to a S.106 agreement to ensure the dwellings
remained affordable whilst the need existed.
Members also considered the close proximity of the proposed dwellings to
the boundary of the village. Officers
reiterated the reasoning behind the recommendation for refusal given that the
site was outside of any village boundary and did not form part of a hamlet as
recognised in the LDP; and key policy tests for affordable housing development
had not been met. Councillor Rhys Hughes
asked that the policy on affordable housing be revisited as part of the
forthcoming review of the LDP in order to make it easier for local people to
build affordable homes within their communities. Proposal – Councillor Stuart Davies proposed, seconded by
Councillor Huw Hilditch-Roberts that the application be granted, subject to a
S.106 agreement and planning conditions agreed with the Local Member, on the
grounds that the need for affordable housing outweighed any other planning
consideration in this case and given the site’s close proximity to the village
boundary. VOTE: GRANT – 20 REFUSE – 2 ABSTAIN – 0 RESOLVED that permission be GRANTED, contrary to officer recommendation, subject to a S.106
agreement and planning conditions agreed with the Local Member, on the grounds
that the need for affordable housing outweighed any other planning
considerations in this case and given the site’s close proximity to the village
boundary. At this juncture (12.25 p.m.) the meeting adjourned for a
short refreshment break. |
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APPLICATION NO. 44/2017/0055/PF - LAND AT 31 PRINCES PARK, RHUDDLAN, RHYL PDF 6 KB To consider an application for erection of detached dwelling at Land at 31 Princes Park, Rhuddlan, Rhyl (copy attached). Additional documents: Minutes: An application was submitted for erection of
detached dwelling at land at 31 Princes Park, Rhuddlan,
Rhyl. Public Speaker – Mr. B. Robinson (For) – argued that a precedent for such development in the area
had been set and referred to a number of examples to illustrate that
point. Advised that every effort had
been made to minimise overlooking of those properties with screening which
could also be addressed further via conditions. General Debate – Councillor Arwel Roberts (Local Member) spoke
in favour of the application advising that the family had lived in Rhuddlan for generations and there was a housing need in
the area. He reported that the applicant
was willing to provide appropriate screening to address the issue of
overlooking and ensure no adverse effect on visual amenity. Councillor David Simmons also supported the
application given that there were similar developments overlooking other
properties in the area and he believed that a precedent had been set in that
regard. Councillor Ann Davies (Local
Member) sought clarification regarding ownership of the access lane to the
proposed dwelling. The Development Manager clarified that the
application had not been made for local needs affordable housing. He elaborated upon the reasoning behind the
officer recommendation to refuse the application given the short distances
between properties and detrimental effect in terms of visual and residential
amenity. Officers did not consider the
proposed screening measures would adequately address the issues. Objections had also been received from Rhuddlan Town Council and neighbours. In response to questions officers drew
attention to the close proximity between properties as detailed on the plans
submitted. With regard to ownership of
the access to the property officers advised that the area did not form part of
the application site and therefore was not a material consideration in this
case. Proposal – Councillor Huw Williams proposed, seconded by
Councillor Cheryl Williams, that the application be
refused in accordance with officer recommendation. Councillor Arwel Roberts proposed, seconded
by Councillor David Simmons, that the application be
granted subject to visual screening conditions to address overlooking concerns. VOTE: GRANT – 9 REFUSE – 13 ABSTAIN – 0 RESOLVED that permission be REFUSED in accordance with officer recommendations as stipulated
within the report. |
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To consider an application for demolition of former school buildings at site of former Denbigh Technology and Vocational Education Centre, Middle Lane, Denbigh (copy attached). Additional documents: Minutes: An application was submitted for demolition of former
school buildings at site of former Denbigh Technology and Vocational Education
Centre, Middle Lane, Denbigh. Proposal – Councillor Barry Mellor proposed the officer
recommendations to grant the application, seconded by Councillor Julian
Thompson-Hill. VOTE: GRANT – 21 REFUSE – 0 ABSTAIN – 0 RESOLVED to advise Welsh Government that if the County
Council was empowered to determine the application, it would GRANT CONSERVATION AREA CONSENT. |
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APPLICATION NO. 15/2016/0842/PF - TY ISA, PANT DU ROAD, ERYRYS, MOLD PDF 6 KB To consider an application for continuation of use of land as extension to residential curtilage at Ty Isa, Pant Du Road, Eryrys, Mold (copy attached). Additional documents: Minutes: An application was submitted for continuation
of use of land as extension to residential curtilage at Ty Isa, Pant Du Road, Eryrys, Mold. Proposal – Councillor Joan Butterfield proposed the
officer recommendation to grant the application, seconded by Councillor Stuart
Davies. VOTE: GRANT – 20 REFUSE – 0 ABSTAIN – 1 RESOLVED that permission be GRANTED, in accordance with officer recommendation as detailed
within the report. |
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APPLICATION NO. 44/2017/0072/PF - LAND ADJACENT TO CASTLE HILL, HYLAS LANE, RHUDDLAN, RHYL PDF 6 KB To consider an application for erection of 1 no. dwelling with detached garage and construction of a new vehicular access at Land adjacent to Castle Hill, Hylas Lane, Rhuddlan, Rhyl (copy attached). Additional documents: Minutes: [Councillor Ann Davies (Local Member) declared a personal interest in this item because she lived near to the application site. Councillor Arwel Roberts declared a personal interest because he was a Governor at Ysgol y Castell which was situated close to the application site.] An application was submitted for erection of 1
no. dwelling with detached garage and construction of a new vehicular access at
land adjacent to Castle Hill, Hylas Lane, Rhuddlan. Councillor Ann Davies (Local Member) asked that the application be deferred pending further information regarding the height of the development, any archaeological interest and the access point. Officers clarified that planning consent for the exact same development had lapsed the previous month and believed there was no justification for deferment given that the same issues had been considered previously. Proposal – Councillor Brian Blakeley proposed, seconded by Councillor Julian Thompson-Hill that the application be deferred pending clarification regarding the height of the development, any archaeological interest and the access point. VOTE: FOR DEFERRAL – 9 AGAINST DEFERRAL – 11 ABSTAIN – 0 RESOLVED not to defer the application. General Debate – Councillor Ann Davies (Local Member)
highlighted her concerns over the height of the development which she felt
would be overbearing given it was in a conservation area and create a blot on
the landscape with little consideration given to the historic nature and
significance of the surrounding area.
She also raised concerns regarding the creation of a new access point
onto the road, which involved removing a wall which had historical
significance, and raised highway concerns including poor visibility near a
school which was busy at peak times.
Councillor Arwel Roberts (Local Member) agreed highlighting the historic
significance of the area and his concerns over highway safety with the creation
of an additional access point which he believed would exacerbate the existing
traffic problems and congestion at peak times. The Development Manager drew members’ attention
to the planning history which was a key consideration advising that planning
permission had been granted for a dwelling on the plot on appeal and as
recently as 2012 and there had been no significant change in policy since then
or discernible difference in the proposed development. In response to questions officers advised
that the proposal was to remove part of the wall to create a 3 metre access and
the remainder of the wall would be retained.
The vehicular access would be assessed by Highway officers. Planning officers had proposed the same
conditions as imposed on the previous consent which covered the materials to be
used including natural stone and slate to match that used on the adjoining dwelling. Proposal – Councillor Arwel Roberts proposed that the
application be refused on highway safety grounds, seconded by Councillor Dewi
Owens. VOTE: GRANT – 10 ABSTAIN – 10 REFUSE – 0 There being an equal number of votes for and
against the Chair used his casting vote in favour of granting the
application. Consequently it was – 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 seeking approval of the SPG document ‘Recreational Public Open Space’ for the use in the determination of planning applications (copy attached). Additional documents:
Minutes: Councillor David Smith, Lead Member for Public
Realm submitted a report recommending adoption of the draft Supplementary
Planning Guidance (SPG) on Recreational Public Open Space. He reminded members of the different stages
in the process before final adoption of SPG documents by the Planning
Committee. Following a nine week consultation period a
number of amendments had been proposed in response to representations received
which had been highlighted in the final document and detailed in the
Consultation Report. There was currently
no adopted SPG on recreational public open space and the document would provide
guidance on the provision and design of open space in new developments. Proposal – Councillor Stuart Davies proposed the officer recommendation
to approve the draft SPG for adoption, seconded by Councillor Bill Cowie. Upon being put to the vote it was – RESOLVED that members approve the
Supplementary Planning Guidance document on Recreational Public Open Space
(attached as Appendix II to the report) for the use in the determination of
planning applications. |
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To consider a report seeking approval of the SPG document ‘Planning for Community Safety’ for the use in the determination of planning applications (copy attached). Additional documents: Minutes: Councillor David Smith, Lead Member for Public
Realm submitted a report recommending adoption of the draft Supplementary
Planning Guidance (SPG) on Planning for Community Safety. Following an eight week consultation period a
number of amendments had been proposed in response to representations received
which had been highlighted in the final document and detailed in the
Consultation Report. The document
provided guidance on how improving community safety and decreasing the fear of
crime can be addressed through design and landscaping. Proposal – Councillor Stuart Davies proposed the officer
recommendation to approve the draft SPG for adoption, seconded by Councillor
Julian Thompson-Hill. Upon being put to the vote it was – RESOLVED that members adopt the
Supplementary Planning Guidance on Planning for Community Safety attached as
Appendix 2 to the report for use in the determination of planning applications
and planning appeals. |
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To consider a
report recommending adoption of the proposed Site Development Brief for Land
adjacent to Ysgol Pendref and Lodge Farm, Upper
Denbigh, with recommended changes, for the determination of planning applications
and planning appeals (copy attached). Additional documents: Minutes: Councillor David Smith, Lead Member for Public
Realm submitted a report recommending adoption of the proposed Site Development
Brief (SDB) for land adjacent to Ysgol Pendref and
Lodge Farm, Upper Denbigh, with recommended changes, for the determination of
planning applications and planning appeals.
The SDB had been through the same process as the Supplementary Planning
Guidance documents before being submitted to the Planning Committee for final
adoption. The report detailed the results of the nine
week public consultation on the draft SDB and proposed a number of changes to
the SDB in response to representations received which had been highlighted
within the final document and detailed in the consultation report. If approved the SDB would be used to assist
in the determination of any planning applications on the sites. Councillor Colin Hughes (Local Member)
commended the consultation exercise, the results of which had been taken into
account in the final document, and reiterated the need to take full account of
the SDB when considering future planning applications on this site. Proposal – Councillor Stuart Davies proposed the officer
recommendation to adopt the revised Site Development Brief, seconded by
Councillor Huw Williams. Upon being put to the vote it was unanimously – RESOLVED that members adopt the proposed Site
Development Brief for land adjacent to Ysgol Pendref
and Lodge Farm, Upper Denbigh attached as Appendix 2 to the report, with
recommended changes, for the determination of planning applications and
planning appeals. At this point Councillor David Smith took the
opportunity to thank members of the LDP Steering Group for their valuable
contribution over the last five years and also commended the work of the
officers involved within that process. |
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INFORMATION REPORT: PLANNING APPEAL DECISIONS PDF 201 KB To receive an information report outlining the recent decisions issued by the Planning Inspectorate on appeals lodged against determinations on planning applications by the County Council (copy attached). Minutes: An information report was submitted outlining
the recent decisions issued by the Planning Inspectorate on appeals lodged
against determinations on planning applications by the County Council. 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 information report be received. The meeting concluded at 1.25 p.m. |