Agenda and draft minutes

None

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

Councillor Gwyneth Kensler – Personal and Prejudicial Interest – Agenda items 5 and 6.

Councillor Meirick Lloyd Davies – Personal Interest – Agenda item 12

Councillor Huw Jones – Personal Interest – Agenda item 7

Councillor Mabon AP Gwynfor – Personal Interest – Agenda item 7

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.

To confirm the accuracy of the minutes of the Planning Committee meeting held on the 15 November 2017 (copy attached).

The minutes of the Planning Committee meeting held on 15 November, 2017 were submitted.

RESOLVED that the minutes of the meeting held on 15 November 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 the erection of replacement dwelling at 4 Bryn Artro Avenue, Llanferres, Mold.

An application was submitted for the erection of replacement dwelling at 4 Bryn Artro Avenue, Llanferres, Mold.

Public Speaker –

Mr Bob Barton (Against) – stated he had been a member of Llanferres Community Council and had been present at the Community meeting when this planning application had been discussed. Mr Barton informed the committee he had previously served on the Planning Committee during 2004-2008 and had recently attended a Planning Aid Wales course to refresh his training. Mr Barton informed members he had quoted the Residential Development SPG in his letter of objection but this was not included on the blue information sheets. He concluded that he felt a 300mm gap was inadequate. From his previous training it was considered important to leave a 1m gap to allow adequate room for emergency services to have access and manoeuvre.

General Debate - In the absence of the Local member Councillor Martyn Holland, Councillor Julian Thompson-Hill stated the local member had no objection to the application stating ideally he would have liked to seen the 750mm distance between the properties run the length of the dwellings, but appreciated the significance of the extant planning permission for a dwelling.       

Councillor Meirick Lloyd Davies stated the rear of the property the distance at the rear door was currently 950mm and asked officers if it could be increased to 1m, for better access to the rear entrance to the property.

The Development Officer highlighted information on the blue sheet, guiding members to information regarding the previous planning permission at the same site. The Development Officer informed members that officers were satisfied with the application as it was proposed.    

Proposal – Councillor Peter Evans proposed, seconded by Councillor Bob Murray that the application be granted in accordance with officer recommendation.

VOTE:

GRANT – 19

REFUSE – 0

ABSTAIN – 0

RESOLVED that permission be GRANTED in accordance with officer recommendation as stipulated in the report.

To consider an application for retention of existing sheds used as a workshop (B1 light industrial use) and for personal use (retrospective application) at Queensland House, The Roe, St Asaph.

An application was submitted for the retention of existing sheds used as a workshop (B1 light industrial use) and for personal use at Queensland House, The Roe, St Asaph.

Public Speaker –

Mr Philip Hellyer (For) – stated he was representing his son Mr Peter Hellyer the applicant. He explained Mr Peter Hellyer has no plans to expand his business from what already exists. Activities that took place at the site generate minimal noise and for short periods of time. A noise management plan would be obtained in the requested time scale and in support of this, noise insulation would be investigated by the applicant. No painting work was carried out at the premises. The agreed hours of working will be adhered to. Exceptional circumstances to carry out work on Sundays and bank holidays had been requested for customers who may be travelling a distance.    

General Debate – The Local Member, Councillor Peter Scott, put forward his views in supporting the application. It was explained to members that in acknowledging objections from the city Council, there were no members of the public in objection to the application. The addition of a tenth condition and amendments to the application conditions following a site visit had been proposed to be included in the application. Councillor Scott stated he had no objection in the application subject to all conditions being met.

Councillor Meirick Lloyd Davies, stated following the site visit he was happy to support the application.

The Development Manager clarified to members that the condition was for work to be carried out between Mondays to Saturday 08:00-18:00 hours.

Proposal – Councillor Peter Scott proposed, seconded by Councillor Meirick Lloyd Davies that the application be granted in accordance with officer recommendation subject to the additional conditions. 

VOTE:

GRANT – 18

REFUSE – 0

ABSTAIN – 1

RESOLVED that permission be GRANTED in accordance with officer recommendation subject to the conditions imposed.

To consider an application for extension of existing Holiday Park to allow for the siting of 35 Static Holiday Caravans in lieu of 41 Mixed Touring Pitches with the relinquishing of the northern element of the par at Caer Mynydd Caravan Park, Saron, Denbigh.

Councillor Meirick Lloyd Davies declared a personal interest as he had family buried in Saron Chapel Cemetery and had historic connections to the village.

At this junction, the Chair Councillor Joe Welch stated as Local Member he would be speaking regarding the proposal. He decided he would vacate the Chair for this application.

The Vice-Chair, Councillor Alan James took over the Chair of the Planning Committee for this one item.

An application was submitted for the extension of existing Holiday Park to allow for the siting of 35 Static Holiday Caravans in lieu of 41 Mixed Touring Pitches with the relinquishing of the northern element of the park, at Caer Mynydd Caravan Park, Saron, Denbigh.

Public Speaker – Mr Philip Jones (For) stated he was the applicant’s agent. He informed Members the park has been in place for nearly 50 years and benefits the local economy, it was the opinion of the applicant the proposal would benefit the local area. The applicant stated a Visual Impact assessment had been completed. The applicant stated that additional landscaping would be incorporated if approved to aid in improving the visual impact. He also stated the applicant was aware of the conditions that had been imposed on the application and would adhere to comply, if the application was approved.

General Debate - The Local Member, Councillor Joe Welch, introduced the report stating the application had been in discussion for a period of time.  Councillor Welch emphasised the surrender of the Northern side of the park moving the business away from local residents. The Community Council and residents of Saron expressed concerns regarding the running of the Park, noise levels, drainage issues and that the Park being used for residential use. Councillor Welch referred to Policy PSE12 regarding changing the use of sites, which opposed changing a touring site to a static site.    

Councillor Christine Marston stated that having attended the site panel meeting, the spread out nature of the site would benefit from having all caravans on one site away from the village.

The Development Officer made reference to the Condition 12 and 13 on the late information sheet which accommodated Natural Resources Wales comments. The Officer explained that drainage would have to be completed prior to the use of any  additional static caravans. The onus would be on the owners and occupiers of  the Park to maintain a record of individual stays at the park. Officers would communicate with oneanother and ensure other organisations are aware of individuals who may be using the caravan site as permanent residency.  With regard to policy PSE12 the policy purpose included protecting the natural landscape and visual impact. Officers felt the level of landscaping proposed was of a satisfactory level. Members were informed that if planning is granted the Licence holder would have to apply for a new licence.     

Proposal – Councillor Ellie Chard proposed, seconded by Councillor Pat Jones that the application be granted in accordance with officer recommendation with the inclusion of the conditions and that the application containing the drainage detailing would be brought to Committee.

VOTE:

GRANT – 14

REFUSE – 0

ABSTAIN – 2

RESOLVED, that permission be GRANTED in accordance with officer recommendation with the inclusion of the additional conditions and a drainage report brought back to planning Committee.

At this juncture (10.45 a.m.) there was a 15 minute beak.

The meeting reconvened at 11.00 a.m.

At this juncture, the Chair Councillor Joe Welch retook his seat to continue with the remainder of the meeting.

To consider an application for alterations and extension to form new entrances together with ancillary works including new signage and demolition of external stairs at Denbigh Museum, Grove Road, Denbigh.

[As applicant, Councillor Gwyneth Kensler declared a personal and prejudicial interest in this item and left the meeting during consideration of the application]

An application was submitted for alternations and extension to form new entrances together with ancillary works including new signage and the demolition of external stairs for Denbigh Museum, Grove Road Denbigh.

Proposal - Councillor Merfyn Parry proposed the officer recommendations to grant the application, seconded by Councillor Alan James.

VOTE:

GRANT – 15

REFUSE – 0

ABSTAIN – 0

RESOLVED that permission be GRANTED in accordance with officer recommendations as stipulated within the report.

To consider an application for conservation area consent for the demolition of external stairs at Denbigh Museum, Grove Road, Denbigh.

[As applicant, Councillor Gwyneth Kensler declared a personal and prejudicial interest in this item and left the meeting during consideration of the application]

An application was submitted for Conservation area consent for the demolition of external stairs at Denbigh Museum, Grove Road, Denbigh. 

Proposal – Councillor Ellie Chard proposed the officer recommendations to grant the application, seconded by Councillor Pat Jones.

VOTE:

GRANT – 15

REFUSE – 0

ABSTAIN – 0

RESOLVED that permission be GRANTED in accordance with officer recommendations as stipulated within the report.

To consider an application for the erection of 1no. dwelling and associated works at Land at (Part garden of) Pen Y Dalar,  Godrer Coed, Cynwyd, Corwen.

Councillor Huw Jones declared a Personal interest in this agenda item as members of his family had submitted objections to the application. Councillor Jones decided he did not wish to take part in the debate and excused himself for this agenda item.

Councillor Mabon ap Gwynfor, Local member declared a personal interest as he had worked with the applicant.

An application was submitted for the erection of 1no. dwelling and associated works at Pen Y Dalar (part garden), Godrer Coed Cynwyd, Corwen.

General debate - the Local Member, Councillor Mabon ap Gwynfor stated he was in support of the application as housing in the village is highly sought . He acknowledged the objections received regarding the application. In his opinion the development of an additional dwelling would benefit local residents.  

Proposal – Councillor Gwyneth Kensler proposed the officer recommendations to grant the application, seconded by Councillor Ellie Chard.

VOTE:

GRANT – 15

REFUSE – 0

ABSTAIN – 0

RESOLVED that permission be GRANTED in accordance with officer recommendations as stipulated within the report.

To consider an application for a variation of condition no. 3 of planning permission code no. 15/2011/0651 to allow alternative static caravan units to be sited within the approved extended caravan park at Land south of and including Parc Farm Caravan Park, Graianrhyd Road, Llanarmon-Yn-Ial, Mold.

An application was submitted for a variation of condition no.3 of planning permission code no. 15/2011/0651, to allow alternative static caravan units to be sited at the Land south of and including Parc Farm Caravan Park, Graianrhyd Road, Llanarmon- Yn-Ial, Mold.

General debate- Councillor Julian Thompson- Hill on behalf of local member Martyn Holland advised that he had no objection in the application and was happy to support the variation.

Councillor Gwyneth Kensler requested that the word ‘Current’ be included in the wording of the condition to be imposed, in line with Officer Recommendation.

Proposal - Councillor Julian Thompson-Hill proposed the officer recommendation with the inclusion of the word ‘current’ in the wording of the condition to be attached. The proposal was seconded by Councillor Alan James. 

VOTE:

GRANT – 16

REFUSE – 0

ABSTAIN – 0

RESOLVED that permission be GRANTED in accordance with officer recommendations with the inclusion of ‘Current’ in the variation of condition no. 3 as stipulated within the report.

To consider an application for the erection of a boundary wall with inset sign and display area at Parc Farm Holiday Park, Llanarmon Yn Ial, Mold.

An application was submitted for the erection of a boundary wall with inset sign and display area at Parc Farm Holiday Park, Llanarmon Yn Ial, Mold.

General debate- Councillor Julian Thompson- Hill on behalf of local member Martyn Holland introduced the application. He stated Councillor Holland had concerns the signage on the application was too large for the nature of this development.

Councillor Merfyn Parry stated he had no concerns on the application, however asked that the sign be made bilingual with the same sized fonts used.

Councillor Christine Marston questioned the site of the proposed signage. She asked if the sign was at the entrance or slightly away from the property.

The Development Officer confirmed the font size of the signage could be included as a condition to the application. Officers stated they were satisfied both from a visual and a highway perspective the application would have no negative implications. Clarification was given that the sign was 150m away from the entrance to the site.  

It was confirmed that if refusal of consent was being considered, concerns of members regarding impact on visual amenity were a relevant ground for refusal.

Proposal - Councillor Gwyneth Kensler proposed, seconded by Councillor Ellie Chard that the application be granted but with an additional condition which stated that the fonts in both Welsh and English be the same size. 

VOTE:

GRANT – 14

REFUSE – 2

ABSTAIN – 0

RESOLVED that permission be GRANTED in accordance with the officer recommendation subject to the additional condition:

The bilingual signage to be of equal font size.

To consider an application for the development of 1.24 ha of land by the erection of a new primary school including external play areas, habitat area, formation of new vehicular access, car parking with drop off area, landscaping, bin store, LPG and sprinkler tanks and associated pedestrian links at Glebe Land Opposite  Bron Y Clwyd, Llanfair Dyffryn Clwyd, Ruthin.

An application was submitted for the development of 1.24ha of land by the erection of a new primary school including external play areas, habitat are, formation of new vehicular access, car park with drop off area, landscaping, bin store, LPG and sprinkler tanks at Glebe Land opposite Bron Y Clwyd, Llanfair Dyffryn Clwyd, Ruthin.

General Debate – Councillor Julian Thompson-Hill gave apologies on behalf of Local Member Hugh Evans and introduced the application to members. Councillor Thompson- Hill stated that the Local Member would have been speaking in favour of the proposal.

Councillor Huw Jones questioned the reasoning why LPG had been requested as part of the application. Councillor Gwyneth Kensler proposed the use of renewable energy sources to supply energy should be adopted where possible.

Members agreed the need for the school in the area and the need to provide a safe route for pedestrians to access the school.

The Development Officer confirmed that there was no mains gas in the vicinity of the site. Communication was ongoing with departments and contractors regarding supply in the area. With regard to the use of renewable energy resources the officer confirmed he would feed back to Education and design departments to ensure awareness of members concerns. 

Proposal - Councillor Emrys Wynne proposed, seconded by Councillor Alan James that the application be granted in accordance with officer recommendation.

VOTE:

GRANT – 16

REFUSE – 0

ABSTAIN – 0

RESOLVED that permission be GRANTED in accordance with officer recommendations as stipulated in the report.

To consider an application for variation of condition no. 6 of planning permission code no. 45/2001/0562 to allow a 2 hour free parking period followed by charging at Land at  Greenfield Place, Rhyl.

An application for a variation of condition no.6 of planning permission code no. 45/2001/0562 to allow 2 hour free parking period followed by charging.

General Debate – Local Member Pat Jones and Pete Prendergast expressed objections against the introduction of charging consumers. Both Councillors felt that 2 hours would not be long enough and a 3 hour free stay should be adopted. Local residents opposed the application.

Proposal – Councillor Pat Jones proposed to refuse the application, seconded by Councillor Bob Murray as it would be detrimental to Rhyl Town Centre and server links to the town.

The Development Officer made reference to the appeal in progress in relation to the recent refusal of an application to charge for parking at the site. If this application was refused for the same reason as the previous application the applicant can appeal the decision. 

VOTE:

GRANT – 8

REFUSE – 7

ABSTAIN – 1

RESOLVED that permission be GRANTED in accordance with the officer recommendation as stipulated in the report.

To consider a report to seek a resolution from Members on the planning conditions to be attached to the Certificate of Decision for planning application ref: 16/2017/0628, granted planning permission at the November 2017 meeting of the Committee.

A report was submitted seeking a resolution on planning conditions to be attached to planning application no. 16/2017/0628.

Proposal- Councillor Mark Young proposed the suggested conditions be attached to the planning permission, seconded by Councillor Merfyn Parry.

VOTE:

GRANT – 15

REFUSE – 0

ABSTAIN – 0

RESOLVED that – the suggested Conditions be attached to Planning application 16/2017/0628 as stipulated in the report.

To consider a report to introduce a new internal protocol document for the handling of major development proposals within the County.

A report was submitted introducing the internal protocol document for the handling of major development proposals within the County.

The Development Officer clarified that the major planning applications can be complicated, the new protocol document was designed to ensure a consistent approach to communication, which can be amended as required.

Councillor Huw Jones stated in his experience the protocol had been used successfully. Councillor Jones asked Officers how the protocol document would be made available to members and Officers.

Councillor Gwyneth Kensler raised concerns regarding how a decision on a Non material amendment application had been taken.

The Development Officer informed members if a decision was made to adopt the protocol, a link to all members would be sent and a link online would be made available. Training would be provided to Members in a future formal member training session.

Clarification that specific criteria within planning legislation for what would be a Non Material Amendment to a planning application was given. Communication with Local Members regarding Non Material Amendment applications would take place outlining the proposal and agreeing the approach to a determination.

It was explained that the protocol is in place to encourage communication between officers and Local Members at the earliest stage right through the application stage until the end of the development. Members can refer to the protocol to raise questions and concerns to officers.

Following a unanimous show of hands, it was

RESOLVED that, the contents of the protocol document be noted and the protocol document for use of major development proposals be implemented with immediate effect.

To consider a report updating members on issues arising in relation to the consideration of planning applications from the publication of Welsh Government’s Technical Advice Note 20 (TAN 20): Planning and the Welsh Language in October 2017.

A report was submitted to update members on issues in relation to the consideration of planning applications from the publication of Welsh Government’s Technical Advice Note 20 (TAN20): Planning and the Welsh Language in October 2017.

The Principal Planning Officer introduced the report updating members on issues arising in relation to the consideration of planning applications from the publication of Welsh Government’s Technical Advice Note 20 (TAN 20): Planning and the Welsh Language in October 2017.

Officers suggested the introduction of TAN 20 will have an impact on the implementation of the relevant policy in the current development plan, as its approach to assessment of impacts on the Welsh language was different to that in RD5. The Principal Planning officer explained that TAN 20 did not consider it necessary when assessing applications within development boundaries on allocated sites that there was a requirement for a Welsh Language assessment to be carried out, as assessment of impacts would have been carried out by the authority as part of the Local Development Plan (LDP) process in the form of a sustainability assessment. With applications that are within the definition of ‘windfall sites’ and are not on an allocated site, a Welsh Language assessment would still be required. 

Councillor Emrys Wynne stated he felt that the Council Policy would be superior to the TAN 20 policy set out by Welsh Government. He felt inconsistencies could be observed within the Welsh Government’s proposal.

The Development Officer informed members on applications not in an allocated sites or within the development boundary with more than 10 dwellings then both TAN 20 and RD% would be relevant. Communication with developers will still take place to encourage submission of  Welsh Language impact assessments when making relevant planning applications. It was suggested that when reviewing the new LDP  members could align the plan to work alongside TAN 20 including any updates members requested.

Councillor Emrys Wynne asked that when reviewing the LDP members debate the need for Welsh language assessments in the context of TAN 20. 

Proposal - Councillor Peter Evans proposed, seconded by Councillor Alan James that the report contents be noted, and approved the approach to assessment of impacts of planning applications on the Welsh Language be undertaken in accordance with TAN 20 pending further debate and review of the LDP and policy RD5.

VOTE:

GRANT – 15

REFUSE – 0

ABSTAIN - 0

RESOLVED that, the contents of the report be noted, that TAN 20 be implemented with further debate when reviewing the LDP and Policy RD5.

To receive an information report to alert Planning Committee to the news that, at the RTPI Cymru annual dinner held in Cardiff on 17^th November 2017, the new Rhyl High School project won the prestigious Wales Planning Award for 2017.

An information report was submitted to inform Planning Committee of the news that, at the Royal Town Planning Institute Cymru annual dinner, the new Rhyl High School project won the prestigious Wales Planning Award for 2017.

The Chair praised officers involved in the project and offered his Congratulations on the award.

RESOLVED that Members noted the contents of the report.

At this juncture, Councillor Merfyn Parry raised concerns regarding the recent Brookhouse development appeal.  He stated a lot of work had been undertaken regarding the proposal. Councillor Parry asked if members could question the outcome of the appeal.

The Development Officer informed members that it was possible to challenge the inspectorate’s decision but the scope was limited to challenge on a point of law. In respect of the claim for costs, this would be scrutinised before coming to an agreement. If an agreement cannot be made, the case would be referred to the Senior Court Costs Claim Officer to investigate. Planning Officers would bring a detailed report back to the Planning Committee to discuss and scrutinise.     

The Chair wished officers and members a merry Christmas and all the best for the New Year.

The meeting concluded at 12.35 p.m.