Agenda and draft minutes

Apologies were received from Councillor Elfed Williams.

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

Councillor James Elson declared a personal interest in agenda item 9 – Land off Upper Denbigh Road St. Asaph LL17 0LW, as his stepson lived at the adjoining property to the applicant. 

Councillor Ellie Chard declared a personal and prejudicial interest in agenda item 7 – Early Learners Day Nursery 13 Dyserth Road Rhyl LL184DW, as the applicant and one of the staff members at the establishment was known to her.

Councillor Merfyn Parry declared a personal interest in agenda item 5 – Land adjacent to Maes Llan Llandyrnog Denbigh LL16 4HF, as he owned a business in the area which was run by a tenant. He also informed members he was a member of the Friends of Llandyrnog community shop in the village.

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.

None.

To confirm the accuracy of the minutes of the Planning Committee meeting held on the 15 June 2022 (copy attached).

The minutes of the Planning Committee held on 15 June 2022 were submitted.

Councillor Andrea Tomlin informed members she had emailed officers with some comments regarding the minutes. Attention was drawn to comments Councillor Tomlin had raised at the meeting including if the application was a retrospective application. At the meeting, Councillor Tomlin had also commented that the properties could allow individuals on the housing register to find suitable accommodation.

The Chair thanked Councillor Tomlin for her comments and for providing officers time to consider her remarks. The comments raised by Councillor Tomlin had been noted.

RESOLVED that subject to the above, the minutes of the meeting held on 15 June 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 40 dwellings, construction of a new vehicular access, landscaping and associated works at land adjacent to  Maes Llan, Llandyrnog, Denbigh (copy attached).

An application was submitted for the erection of 40 dwellings, construction of a new vehicular access, landscaping and associated works at land adjacent to

Maes Llan, Llandyrnog, Denbigh.

Public Speaker –

Mr Emyr Morris (attended virtually) (AGAINST) – Mr Morris stated the development of 40 houses would represent the largest single development in the history of the village adding 10% to housing stock, inhabitants and traffic in the area. He informed members on the day of the site visit the B5429 to the village was closed for road repairs so members in attendance at the site visit would not have witnessed a true representation of the traffic. In his opinion the use of agricultural land for development should firstly meet the needs of local people and take account of existing local village residents. He stated the current site layout bared little resemblance to what had been proposed in the outlined planning application. The green frontage originally proposed had been removed, this would have kept the development in line with other neighbouring properties. Gone were the proposed bungalows to accommodate those with mobility issues or that might have a need to downsize. He informed members one of the properties would have very limited visibility due to the hedgerow, reduced road width and the curve in the road.

He highlighted the information in the supplementary guidance papers as stating the rear of 14 Maes Llan to side gable of plot 37 with side landing window facing Maes Llan was only 12.4m away less than 41feet the length of a school bus, with number 13 Maes Llan being just 12m. In his opinion any window in this close proximity was not acceptable and below the 15m guidance. He stated he had been informed the building density of the site was not an issue, so he questioned why they had been proposed so close to existing properties.

Travelling surface water from the development from the attenuation pond to a gully on the main road that had existing flooding issues, into a pipe that discharged into a water course that Natural Resource Wales maps illustrated to be of high flood risk was not acceptable.  He stated he was concerned that no comments had been received by NRW or Denbighshire’s Flood risk officers. He stated on site disposal should be planned for by the use of attenuation cranes and not passed on.

Helen Morgan (FOR) – Informed members she had been brought up in locally in Ruthin. Members heard the applicant was a long established local company that had created huge employment for the area employing over 500 people with 8% being from North Wales. In her opinion the location of the site was appropriate for the new development and was sustainable and fit within the local development plan (LDP). The principle to develop housing on the site was considered to be acceptable. Llandyrnog had been identified as a village within the growth strategy for the LDP, it would therefor meet the local housing needs for the area. The original proposal site has planning permission which exists for 40 houses, this development offered the same number of houses. The proposal had been revised to ensure the development met with the requirements of legislations.      

A mixture of 2, 3 and 4 bed houses was proposed a mixture of detached and semi-detached. It was stressed that the highways department had stated the development would not have an unacceptable effect on local highways and the main access complied with standards.

She stressed no objections from the statutory consultees had been received. In her opinion the development represented a positive  ...  view the full minutes text for item 5.

To consider an application for the development of 5 Ha of land to form Coastal Defence scheme comprising of the formation of flood embankments, ramps, outfall structures and rock armour including landscaping, habitat enhancements, works to existing culverts and associated works ('Central Prestatyn Coastal Defence Scheme') at the coastal frontage at Rhyl Golf Club, Rhyl Coast Road, Rhyl (copy attached).

An application was submitted for the development of 5 Ha of land to form Coastal Defence scheme comprising of the formation of flood embankments, ramps, outfall structures and rock armour including landscaping, habitat enhancements, works to existing culverts and associated works ('Central Prestatyn Coastal Defence Scheme') at the coastal frontage at Rhyl Golf Club, Rhyl Coast Road, Rhyl.

Public Speaker  (FOR)–

Mr Tony Ward informed members the proposal would be largely funded by Welsh Government’s Coastal Risk Management programme. It was designed to protect over 2000 residential and commercial properties in Prestatyn from flooding. It involved the creation of an earth embankment around Rhyl golf course, along with access ramps, outfall structures, rock armour, landscaping and habitat enhancements. 

The scheme was required due to the deterioration of the existing defences which were approaching the end of their design life. Without intervention the existing defences were likely to fail within the next 15 years.

The speaker stressed to the committee that there was no alternative scheme if permission should be refused. This was the only viable scheme for this location.

General debate –

Councillor Barry Mellor (Local Member) thanked the public speaker and stressed the application was a continuation of the east ward of Rhyl  flood defences. The area had been severely flooded over 3 times. He stressed the devastation the local residents had been through. In his opinion the scheme was very much needed to prevent flooding along the coast. He confirmed the concerns from the residents had been taken into consideration and resolved. He stressed he was supportive of the application and the scheme.

In response to members questions the Flood Risk Engineer confirmed all of the work was on the landward side of the existing defences.

The Planning Officer informed members local concern was not around the principle of the scheme. Residents had raised concerns on the proximity of the embankment to residential properties and concern it would be overbearing and would impact on residential privacy. She confirmed that the concerns had been resolved, the embankment had been realigned to move further away from properties. Included in the late information was further information regarding separation distances illustrating the significant setback between properties and the embankment.    

Proposal – Councillor Brian Blakeley proposed the application be granted in

accordance with officer recommendation, seconded by Councillor Ellie Chard.

VOTE:

FOR – (18 votes cast in the Chamber, 5 votes cast via Zoom) -  18

AGAINST –  0

ABSTAIN –  0

RESOLVED that permission be GRANTED in accordance with officer

recommendations as detailed within the report and supplementary papers.

To consider an application for the construction of coastal protection scheme, incorporating; new sea wall, repair works and engineering operations including scour protection to existing sea wall. Installing new concrete step revetments. Raising and widening of promenade including new and amended accesses, landscaping and associated works. Ecological mitigation and access works at Barkby Beach inline with the Central Rhyl Coastal defence scheme, Rhyl (copy attached).

An application was submitted for the construction of coastal protection scheme, incorporating; new sea wall, repair works and engineering operations

including scour protection to existing sea wall. Installing new concrete step revetments. Raising and widening of promenade including new and amended accesses, landscaping and associated works. Ecological mitigation and access works at Barkby Beach in line with the Central Rhyl Coastal defence scheme, Rhyl

Public Speaker (FOR)–

Mr Tony Ward informed members that the proposed scheme would be largely funded by Welsh Government grant funding and was designed to significantly reduce flood risk to approximately 550 residential and 45 non-residential properties in Rhyl. This would include protection from flooding caused from a rise in sea level predicted in the next 100 years due to the effects from climate change. The existing flood defences are deteriorating with some aged over 100 years old and if no work was carried out could fail in the next 10-15 years. The scheme would protect and improve the promenade, a valuable tourist asset for Rhyl. It would improve access from the promenade to the beach.

Members heard there were three elements to the scheme.

It was confirmed extensive communication with local businesses had taken place. Two objections had been raised, one from a resident around construction hours of work and one from the SeaQuarium based on animal welfare concerns and the impact on the business. Communication with the SeaQuarium establishment would continue to reach an agreement to mitigate concerns raised.

It was stressed the scheme was essential for the future security of Rhyl.

General debate -   

The Development Control Manager (DCM) reminded members to refer to the late supplementary information sheets. Mr Laister, a public speaker against had intended to speak but he has since withdrawn his request. Late representations had been received from Laister Planning Ltd on behalf of the SeaQuarium of Rhyl Limited. 5 points within this representation had been summarised and included in the late information sheets.

Councillor Alan James (Local Member) informed members he was fully in agreement with the proposal. In his opinion it filled the gap between the Splash point end of the promenade and the developed side of the promenade. In his view the scheme was essential to protect the town. Councillor Alan James proposed to grant the application in accordance with officer recommendation. This proposal was seconded by Councillor Win Mullen-James.

Local member Councillor Joan Butterfield stated she was in full support of the scheme and it was essential the authority and residents looked towards the future. The scheme was essential to protect Rhyl.

Councillor Barry Mellor echoed the thoughts of the other local members.

The Flood Risk Engineer informed members that there exists an arrangement between the Council and Crown Estates whereby the Council lease land to the frontage on the promenade. Any changes that will need to take place will be covered under the terms and conditions of the current lease in place. 

Proposal –Councillor Alan James proposed the application be granted in

accordance with officer recommendation, seconded by Councillor Win Mullen-James.

VOTE:

FOR – ( 12 votes cast in the Chamber,  5 votes cast via Zoom) -  17

AGAINST –  0

ABSTAIN –  0

RESOLVED that permission be GRANTED in accordance with officer

recommendations as detailed within the report and supplementary papers.

At this juncture (10.55 a.m.) there was a 10 minute comfort break.

The meeting reconvened at 11.05 a.m.

To consider an application for the erection of 113 dwellings, construction of a new vehicular access, landscaping and associated works at land off upper Denbigh Road, St Asaph, LL17 0LW (copy attached).

An application was submitted for the erection of 113 dwellings, construction of a new vehicular access, landscaping and associated works at land off upper

Denbigh Road, St Asaph.

Public Speaker –

Mr Stuart Andrew (FOR) – Mr Andrew introduced himself to the committee explaining he was the design and planning director with Castle Green homes. The application was for 130 homes in St Asaph. He reminded members the site of the application was allocated for housing by Denbighshire County Council in the current Local Development Plan. He stated the proposed application was the second half of a wider allocation,  the first of which had been partly developed by Pure Residential. The application submitted proposed the full provision of affordable housing and public open space required by the Council’s adopted policies. He stated of the 113 dwelling houses proposed, 10 are designated as affordable. As requested by the council strategic planning officers a mix of one bed, two bed and three bed dwellings being made available.

Members heard 2 acres of newly landscaped open space with a new play area would be made available for the public. Also around an acre of existing mature lands will be retained to enhance the space.

He added financial contributions towards off site affordable housing, existing public open space areas, sports facilities and primary school education facilities had been agreed with Denbighshire officers with the payments totalling nearly £250k and to be secured by a legal agreement with the Council.

During the application the applicant had been made aware of an existing issue relating to flooding on upper Denbigh Road. He stated  that even though the proposed development   would not contribute to the existing flooding issue the applicant had offered to carry out works to improve land drainage adjacent to the adopted highway and area affected at no cost to the authority.

He noted within the report reference to the impact on St Kentigern Hospice, he highlighted the hospice had previously corresponded with the Council in support of this application. He confirmed following negotiations with the hospice it had been agreed to set aside part of the development to create an extension to the existing hospice garden.

Confirmation was provided that the application had been considered by all the necessary statutory consultees and council officers with the conclusion that the application creates no adverse impact to existing local visual and residential amenities. Matters relating to ecology would be resolved to a satisfactory standard of the council’s ecology officer. The proposed highways and drainage works were considered acceptable and all policy requirements had been met.

Mr Andrew thanked members for the time and consideration of the application.

General debate –

The Chair informed the committee a site visit had taken place. Councillor Peter Scott who had been in attendance at the site visit confirmed the site visit had been informative. He informed members the City Council had previously written a letter in objection, following the site visit the concerns originally raised by the City Council had been mitigated. He was pleased to see improvements to access to the site and new footpaths along the A525 had been proposed which the City Council was in support of. The work at the hospice was pleasing. He stressed the land drainage proposed at the site would be beneficial to local residents.

Councillor Martyn Hogg (Local Member) had also attended the site visit. He informed members that he had great support from planning officers to understand and look at the objections that had been raised by the City Council. In his opinion he felt the applicant had met the objections  ...  view the full minutes text for item 8.

To consider an application for the erection of extension and alterations to dwelling at Bodlonfa Lodge, Rhuallt, St Asaph (copy attached).

An application was submitted for the erection of extension and alterations to dwelling at Bodlonfa Lodge, Rhuallt, St Asaph.

Proposal – Councillor Huw Hilditch-Roberts proposed to request a deferral on this agenda item. It was felt a site visit would allow members additional information to make an informed decision.

The Development Control Manager reminded members that a pre-planning committee site visit could be requested. It was highlighted that the next meeting of the committee was not scheduled to take place until September. The applicant can appeal against non-determination of a planning application if the determination period exceeded 8 weeks.   

Clarification was provided for members when voting for deferral.

VOTE:

FOR – (6 votes cast in the Chamber, 5 votes cast via Zoom) - 11

AGAINST – 6

ABSTAIN – 0

RESOLVED that the application for the erection and alterations to dwelling at Bodlonfa Lodge, Rhuallt, St Asaph be deferred to a future meeting for the reasons set out by Councillor Huw Hilditch-Roberts above.

To consider an application for  the variation of Condition 2 of planning permission 45/2010/0171/PF to read no more than 43 children shall be accommodated at the Children's day nursery at any one time at Early Learners Day nursery, 13 Dyserth Road, Rhyl (copy attached).

At this juncture Councillor Ellie Chard left the meeting as she had declared a personal and prejudicial interest in the agenda item.

An application was submitted for a Variation of Condition 2 of planning permission 45/2010/0171/PF to read no more than 43 children shall be accommodated at the Children's day nursery at any one time at Early Learners Day Nursery, 13 Dyserth Road, Rhyl.

Local Member Councillor Pete Prendergast informed members the nursery had been in place for over 40 years before that it had been a small grocery shop. Previous restriction on the number of children attending the nursery had been implemented mainly due to concerns raised around traffic at the site. He informed members that, to date, there had only been one recorded accident, which happened outside of the nursery’s operating hours.

The local member thanked officers for monitoring the traffic at the site to obtain findings for members. He stated that a large number of users of the nursery walked to the premises and the highest amount of cars at the site observed had been two. Councillor Diane King echoed the thoughts of Councillor Prendergast.

Councillor Pete Prendergast proposed to grant the application in accordance with officer recommendations.

The Chair confirmed a site visit had taken place. Details of who had been in attendance had been provided. It was noted that Councillor Pete Prendergast had been in attendance representing the Labour group.

Councillor Peter Scott informed members he had attended the site visit and was happy to support the Local members and support the application.

Members asked for clarification if the building had been extended or altered to accommodate the application for extra provisions at the site. Councillor Peter Prendergast stated the first floor of the site had been expanded to be used as facilities for the nursery, meaning the whole site would be used for the nursery provision if agreed by the Committee.

The Development Control Manager (DCM) confirmed the building had been physically extended previously. He confirmed the use of the site had planning permission to be used as a day nursery both on the ground floor and first floor. This application would allow the applicant to expand the facilities to the first floor, no proposal to physically change the building had been included in the application. 

Members raised concerns that on occasion minor incidents had happened at the site but may not have been reported. It was asked if traffic officers had been in attendance to observe at the busier times such as first thing in the morning and later in the day. The Senior Engineer- Highways Development Control confirmed the case officer had attended the site at drop off times and pick up times. He confirmed no issues had been witnessed. He stressed there had been no reported incidents at the site in over 12 years. In his opinion there was no clear evidence to refuse on highway grounds.

Members heard from the DCM the physical space in a building for the number of children to be accommodated in a childcare facility was included in separate guidance and legislation. It fell under the Care Standards Inspectorate for Wales  who would ensure there was enough space for the additional children. Members thought the CSIW would have completed full investigations on the space and numbers to accept the application. Officers confirmed the CSIW were content with the proposal.

Proposal – Councillor Pete Prendergast proposed that the application be granted in accordance with officer recommendation with the inclusion of a note to the applicant, seconded by Councillor Peter Scott.

VOTE:

FOR – (9 votes cast in  ...  view the full minutes text for item 10.