Agenda and draft minutes

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

Councillor Alan James declared a personal interest in item 6 (Roger W Jones Ltd) as he has an active builders account.

Councillor Julie Matthews declared a personal interest in item 6 (Roger W Jones Ltd) as she has family members who live in the properties next to the Yard.

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 5 October 2022 (copy attached).

The minutes of the Planning Committee held on 5 October 2022 were submitted.

RESOLVED that the minutes of the meeting held on 5 October 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 erection of 110 dwellings, construction of a new vehicular access, landscaping and associated works (resubmission) at land adjacent Ysgol Pendref, Gwaenynog Road, Denbigh (copy attached).

An application was submitted for erection of 110 dwellings, construction of a new vehicular access, landscaping and associated works (resubmission) at land adjacent to Ysgol Pendref, Gwaenynog Road, Denbigh.

Public Speaker –

Heidi Riddir on behalf of Helga Vinswanathan (Against) – the original application was rejected on multiple grounds. Loss of BMV land, climate change, road safety and over development.  Nothing has changed and there is no material difference to warrant a different response this time.  Councillors experienced the road themselves on Monday.  Such things are a regular occurrence as local residents know.  It is a busy road and a dangerous corner.  The traffic report stated that no accident had occurred within 200 metres of the junction within the last five years.  This is categorically untrue.  There have been three significant accidents in the last year or so alone.  Only 10-15% of land in Wales is classified as BMV with the highest agricultural capacity.  It is considered a national significant resource and one of special importance because of its nature and strategic value.  The conversion of land for development purposes has been a key driver of BMV land loss.  In March of this year, Julie James, MS, stated that BMV land should be protected from the development of solar farms even though once removed the land would be as usable as it was before.  It is clear, therefore, that it should also be protected from housing developments, as the resource once lost could never be replaced.  DCC’s Constitution states that all decisions must have regard for tackling climate and ecological change whilst the Corporate Plan includes a focus on preserving the environment and maintaining biodiversity across the county.  The Welsh Government have a progressive Environmental Policy and the recent Agriculture Wales Policy aims to support sustainable food production while conserving Welsh countryside, culture and language.  To pass this application would be to fail those commitments on all levels.  The UK has only around 50% of its biodiversity left, well below the 90% average that experts say is needed to avoid an ecological recession.  We are one of the most nature depleted countries in the world.  The damage this development would cause through vast loss of habitat would ensure the varied wildlife would be displaced and unlikely to return.  Allowing eco systems to be destroyed to build on greenfield sites whilst at the same time declaring a climate crisis is an inconsistency and at odds with the Council’s green strategy.  Decisions made by DCC are actively contributing to climate change.  This is not about denying people homes, it is about building homes in the right place.  BMV land that is critical for future food production is not that place.  The climate has changed dramatically since the now outdated LDP was implemented and national planning policy has moved on considerably, particular with regards to ecology and biodiversity.  We have now  been told that the Developer will offer 80 units, 73% of the total as affordable on completion.  Only 20% of these will be included under the Section 106 Agreement, the other 53% will not be legally binding, so how could the council be certain that these houses will actually come to fruition.  Without a legal agreement in place, the developers are able to use the loophole of a viability assessment to say that the cost of the building are so high they can no longer afford to supply the rest of the houses.  It is highly troubling that it appears this deal has been made in order for the application to be granted and to save the council from the developers previously  ...  view the full minutes text for item 5.

To consider an application for erection of additional external yard racking (retrospective application) at Roger W Jones Ltd, Cefndy Road, Rhyl (copy attached).

An application was submitted for erection of additional external yard racking (retrospective application) at Roger W. Jones Ltd., Cefndy Road, Rhyl

At this juncture, Councillor Alan James declared a personal interest as he has an active builders account.

Councillor Julie Matthews declared a personal interest as she has family members who live in the properties next to the Yard.

Local Member, Councillor Pete Prendergast gave a brief background into the builders merchants, Roger W. Jones Ltd.  The company had always had a good relationship with the neighbouring properties.  Latterly Roger W. Jones had been taken over by Jewsons and earlier this year the new racking had been installed without planning permission.  A planning application had been submitted following the visit of an Enforcement Officer to the site.  The issue was the height of the racking and six neighbouring properties were affected and objections had been received from three  residents of those six properties.  Councillor Prendergast and Councillor Diane King had met recently with the Manager of the site.  During discussions with the Manager of the site, it had been offered to remove three arms off the top layer of the racking next to the gardens of the neighbouring properties. 

A site visit had recently taken place and those members who had attended confirmed the height of the racking together with the wood which was stored on top and raised concerns of the danger of the height of such a structure.

General Debate –

During discussions the following points were raised –

·         Concerns were raised on the height of the whole structure and also that the wood appeared to be stacked in a dangerous manner.

·         The racking was next to the fence which appeared to be overbearing for the properties which were adjacent to the racking and wood stacked on top.

·         The racking was a great deal higher than the fence together with the wood which was stacked on the racking which was the main objection for the residents.

·         It was confirmed that at the site visit the consensus of opinion was if the racking would be lowered to three levels up then the members would be looking to accept the retrospective planning application, but this work had not been carried out.

Proposal – Councillor Pete Prendergast proposed to refuse the application, contrary to the officers recommendation, for the reasons on the impact of residential amenity and visual amenity, seconded by Councillor Ellie Chard.

At this juncture, officers confirmed that if members voted to refuse the retrospective planning application, an Enforcement Notice would be served for all the racking to be removed.  It was stated that on receipt of the Enforcement Notice, the owners may reduce the height of the racking but officers would liaise with local members. 

VOTE –

For – 0

Abstain – 0

Against – 17

RESOLVED that permission be REFUSED contrary to officer recommendation.

To receive an information report (copy attached) advising members of the Planning Committee of changes to national planning legislation.

Information report advising members of the Planning Committee of changes to national planning legislation.

The report highlighted the recent legislative changes within Wales to Planning Use categories.  Welsh Government had recently introduced new use categories for second homes and short term lets in an attempt to manage the impacts that these uses were having in certain parts of Wales.

During discussions it was agreed a briefing could take place with members to clarify the changes.

RESOLVED that Planning Committee agree to note the changes.

THE MEETING CONCLUDED AT 11.40 A.M.