Agenda and draft minutes

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.

Councillors Peter Evans, Hugh Irving and Bill Tasker

Councillors Rhys Hughes and Dewi Owens would be arriving late for the meeting.

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

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

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 had been raised.

To confirm the accuracy of the minutes of the Planning Committee meeting held on 8 February 2017 (copy attached).

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.

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.

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).

[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.

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).

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.

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).

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.

To consider an application for erection of detached dwelling  at Land at 31 Princes Park, Rhuddlan, Rhyl (copy attached).

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.

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).

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.

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).

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.

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).

[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.

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).

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.

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).

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.

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).

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.

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).

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.