Agenda and draft minutes

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

Councillor Bob Murray declared a personal and prejudicial interest in Agenda item 8

Councillor Alan James declared a personal interest in Agenda item 8

Councillor Ellie Chard declared a personal and prejudicial interest in Agenda item 10

To appoint a Chair of the Planning Committee for the 2018/2019 municipal year.

Nominations were sought for the position of Chair of the Planning Committee for 2018/19. Councillor Huw Jones proposed, seconded by Councillor Peter Evans that Councillor Joe Welch be appointed Chair.

There was a unanimous show of hands in agreement to the proposal.

RESOLVED that Councillor Joe Welch be appointed Chair of the Planning Committee for the ensuing year.

To appoint a Vice-Chair of the Planning Committee for the 2018/2019 municipal year.

Nominations were sought for the position of Vice-Chair of the Planning Committee for 2018/19. Councillor Ellie Chard proposed, seconded by Councillor Bob Murray that Councillor Alan James be appointed Vice-Chair.

There was a unanimous show of hands in agreement to the proposal.

RESOLVED that Councillor Alan James be appointed Vice-Chair of the Planning Committee for the ensuing year.

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 18 April 2018 (copy attached).

The minutes of the Planning Committee meeting held on 18 April 2018 were submitted.

Matters arising – Page 13, Item 7 Application no. 43/2018/0030/pf - Four Winds Caravan Site, Ffordd Ffynnon, Prestatyn – Councillor Peter Evans requested his concerns raised previously, regarding the unsuitability of the access road be noted.

RESOLVED that, subject to the above, the minutes of the meeting held on 18 April 2018 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 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 1 no. dwelling (amended details to previously approved/implemented scheme ref. 16/294/96) at Ty Capel (former Llwynedd Chapel), Llanbedr Dyffryn Clwyd, Ruthin, LL15 1UT (copy attached).

An application was submitted for the erection of 1 no. dwelling (amended details to previously approved/implemented scheme ref. 16/294/96) at Ty Capel (former Llwynedd Chapel) Llanbedr Dyffryn Clwyd, Ruthin.

Public Speaker –

Mr Bob Barton (Against) – stated that he represented Llanbedr Community Council. The Community Council had 4 key points against the proposal – scale, biodiversity, access and surface water runoff. Mr Barton expanded on the 4 points stating –

·         Scale – the proposal did not reflect the existing dwellings in the area. The Community Council had been in full support of the initial consultation reps made with the AONB.

·         Biodiversity – The Community Council felt a biodiversity statement should have been included in the application. The area of land had been undisturbed for numerous years and had since been completely cleared   

·         Access – the proposed access is inadequate.

·         Surface water runoff – The access roads had history of problems with surface water. 

General Debate – Councillor Huw Williams (Local member) explained that he had concerns with the application and access road to the proposed site. He informed members the area had been known for flooding. Councillor Williams highlighted the need to consider the location and that the development should be in keeping with surrounding properties. He asked if a planning condition could be imposed to prevent vehicles from turning right into the site given the location of the application site off a steep bend.

Councillor Brian Jones requested confirmation from officers regarding the highway and access routes to the site. In response, the Senior Engineer- Highways clarified that the trunk road was the responsibility of Welsh Government, and that they would have been consulted on planning applications relating to the site. With regard to the application, no objections had been raised. The imposition of a condition preventing turning into or off that road was a matter for Welsh Government and could not be dealt with by way of a planning condition.

In response to members’ questions regarding the use of slate on the property, the Principal Planning Officer informed members that a condition for natural slate to be used on the property could be imposed on the application.  Plans had been approved in 1996 for a similar scale of dwelling at the site, in officers’ opinion the revised proposals were in keeping with the surroundings, the changes made to the proportions had not been significant and would not have significant impact on neighbouring properties. The previous planning application had not included a biodiversity assessment.

Councillor Emrys Wynne had attended the site visit and stated he was pleased to see development had commenced at the site. He felt the revised application was in keeping with the area and stated it would be difficult to reject due to the similarity with the previous planning permission.

Councillor Gwyneth Kensler raised concern over impact on the environment and the surroundings.

The Principal Officer confirmed that a condition had been included to protect the trees on the site. When assessing planning applications regard was had to the comments from the Area Of Outstanding Beauty (AONB) committee in formulating  recommendations.

Councillor Meirick Lloyd Davies proposed that a condition to use natural slate be included, and that the natural stone be included as part of the boundary wall. Officers stated those conditions could be included if members agreed.

The Development manager confirmed that Welsh Government would be contacted to relay the concerns of the Committee and Local Member over highway drainage matters.

Proposal – Councillor Meirick Lloyd Davies proposed the application be granted with the additions of conditions, seconded by Councillor Gwyneth Kensler.

VOTE:

GRANT  ...  view the full minutes text for item 7.

To consider an application for use of land for the siting of an additional 65 touring caravan pitches and 39 timber camping pods, storage building and associated works at Ffrith Beach, Victoria Road West, Prestatyn (copy attached).

[Councillor Bob Murray declared a personal and prejudicial interest in this item because he had known the family. He left the meeting during consideration of the application.

Councillor Alan James declared a personal interest in this item because the applicant was known to him through his Ward work.]

An application was submitted for the use of land for the siting of an additional 65 touring caravan pitches and 39 timber camping pods, storage building and associated works at Ffrith Beach, Victoria Road West, Prestatyn.

Public Speaker –

Mr Mark Roberts (Against) referred to discussions regarding quality of the proposed layout of the site. He stated the layout of the proposal. The size of the car park was deficient and the width of the road was inadequate. Mr Roberts stated that conditions would not be sufficient the plan was unsatisfactory and would not meet the required standards in Policy PSE12.

Mr Noah Robinson (For) stated he and his wife were the current leaseholders of the site having occupied the site for 15 years. He gave members a brief background to the application. In relation to the issue regarding highways he stated that traffic does not all enter or leave the site at the same time. It was his opinion that it would not have an impact on highways.  Regarding issues of access for the public to the site, a public right of way and path allow adequate access to the site to and from the beach. Mr Robinson agreed that security was needed at the site. In his opinion the application had no negative impact on the surrounding businesses.

General Debate – the site had been subject to a Site Inspection Panel meeting on Tuesday 15^th May. Councillor Meirick Lloyd Davies attended the site visit, and mentioned one concern raised at the meeting had been the lack of clear boundaries at the site, and that security at the site was imperative.  

Councillor Rachel Flynn (Local Member) stated that Prestatyn Town Council had objected due to the loss of open space. The Town Council felt it had not seen improvements to the site as was stated by the occupants when the tenancy was granted. The outer area of the site had been left in a poor state. Councillor Flynn outlined a number of requests from the Town Council which they would like to be included if permission was granted, these included –

·         Planting of trees and specific species

·         Boundary fences – softer than metal

·         Street lighting

·         Free disabled parking

·         Not to be made a site for static caravans

Councillor Tony Flynn (Local Member) informed members of a public meeting which had taken place on 12 February 2018, which residents attended to discuss the application. It was the opinion of the residents the land could be developed more productively. It was considered the plans for access to the site are not adequate and needed further development to satisfy the local residents.  

The Development Manager highlighted the planning application was for a tourism development on an allocated tourism site in the Local Development Plan. Denbighshire County Council where the legal owners of the land, if members had concerns with the lease and tenancy agreement that was a separate issue to considerations to be applied to the planning application.  The application had been publicised in the correct manner. Additional controls had been included that addressed a number of concerns raised by Prestatyn Town Council. The revised conditions of landscaping had included the use of fencing, further approval from officers or planning committee would be required to oblige fencing at the  ...  view the full minutes text for item 8.

At this juncture (10.55 a.m.) there was a 20 minute beak.

The meeting reconvened at 11.15 a.m.

To consider an application for erection of acoustic boundary fence and new roof to existing bus wash to contain overspray at Arriva Cymru ltd, Ffynnongroew road, Rhyl (copy attached).

An application was submitted for the erection of an acoustic boundary fence and new roof to the existing bus wash to contain overspray at Arrive Cymru Ltd, Ffynnongroew Road, Rhyl.

Public Speaker –

Rev. Mike Bettany (Against) – stated the application proposed does not address the issues and concerns. raised. Three main problems at the site were –

·         Water spray- that had blown into neighbouring properties

·         Aroma – the airborne detergent and diesel could be smelled by residents

·         Noise – the level of noise created at the site

The proposal for the development of a new roof may not address the problems nearby residents had already been subject to. The inclusion of a fence would not stop the noise level or spray affecting properties in the area.

General Debate – Councillor Alan James (Local Member) had visited the site. He explained to members that a new roof along with fence and curtains had been proposed to eliminate spray and noise pollution. The intention had been to better the current situation for neighbouring residents. Arriva acknowledged the concerns of residents, and believed the proposal would be beneficial and address some concerns raised.

Councillor Merfyn Parry highlighted the location of the siteclose to a residential area in Rhyl. He suggested to members that a liaison group be initiated between local residents and Arriva. He stated this would allow both parties to raise comments and concerns.  Councillor Alan James as ward member stated he would be happy to discuss a liaison group between the residents and the applicant. 

The Development Manager suggested a note to the applicant be attached in relation to establishing a liaison group with local residents. If residents had any concerns regarding noise and smells, these should be addressed to the pollution control section. 

Proposal – Councillor Julian Thompson- Hill proposed the officer recommendations to grant the application, seconded by Councillor Ellie Chard.

VOTE:

GRANT - 13

ABSTAIN - 0

REFUSE – 2

RESOLVED that permission be GRANTED in accordance with officer recommendations as stipulated within the report, with a note to applicant regarding a liaison group be attached. 

To consider an application for demolition of garage to erect a single storey pitched  roof extension to rear of dwelling at 42 Weaverton Drive, Rhyl (copy attached).

[Councillor Ellie chard declared a personal and prejudicial interest in this item because she had known the family for a number of years, she left the meeting during consideration of the application.]

An application was submitted for the demolition of garage to erect a single storey pitched roof extension to rear of the dwelling at 42 Weaverton Drive, Rhyl.

Public Speaker –

Mr Terry Dunlea (Against) – stated that he represented the local residents who would potentially be affected by the development. The inclusion of a breezeblock wall which will screen neighbouring sites to screen noise would not be sufficient. Noise levels had been a concern of neighbouring residents. Mr Dunlea explained the parking available at the site had not been used, with vehicles parked on the footpath which had often caused obstructions to other vehicles.

General debate – A site Inspection Panel meeting had taken place on 15 May to assess the impact of the proposal on the surrounding area and adjacent residential properties.

Speaking on behalf of local Member Councillor Jeanette Chamberlain – Jones, Councillor Bob Murray expressed concerns regarding the proposed application stating the property was out of character with neighbouring properties. The proposal would increase the volume of traffic and cause more disruption to the area. 

Councillor Meirick Lloyd Davies had attended the site visit. He confirmed the size of the garden was large for a big family and the proposal would not affect the size of the rear garden, or on site parking space.

The Development Manager confirmed to members that the property accommodated a single family. The conversion of the garage would not have needed planning permission.

Proposal – Councillor Bob Murray proposed refusal of the application, against officer recommendation, due to the impact on neighbouring properties and over intensification of use of the site, seconded by Councillor Pat Jones.

VOTE:

GRANT - 9

ABSTAIN - 0

REFUSE - 4

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

To consider an application for variation of Condition No. 2 of planning permission Code No. 45/217/99/PF to allow amendments to layout and design of approved plans at 433 441 Rhyl Coast Road, Rhyl (copy attached).

An application was submitted for a variation of Condition No 2. Of planning permission Code no. 45/217/99/PF to allow amendments to layout and design of approved plans, at 433 - 441 Rhyl Coast Road, Rhyl.

Public Speaker –

Mr Malcolm Wilkinson (Against) – stated he represented 19 residents who would potentially be affected by the application. He highlighted to members a number of grounds for refusal –

·         The new proposed height of the property is out of character for local area. Local residents had considered this a major design alteration to the original plan approved.

·         Finished floor heights vary, with no justification given from Natural Resource Wales for this.

·         Invasion of privacy to neighbouring residents, with overshadowing a major concern.

·         Certain plots had already been built prior to planning permission being granted.  

General Debate – The Development Manager gave a brief history of the previous planning permission granted at the site. He confirmed that Natural Resources Wales had been consulted by the applicant with regard to potential flood risk and had adopted the floor levels as suggested.

Councillor Tony Thomas (Local Member) highlighted the need for housing in the area and was in support of the application.

Councillor Rachel Flynn expressed concern regarding the development of housing in an area dominated by bungalows. Councillor Flynn highlighted an additional issue which concerned the boundary wall. Following discussions with the developer, if agreed with all residents affected a new wall would be erected at the rear of the properties.

Councillor Tony Flynn highlighted his concern that properties had been advertised and sold prior to approval being granted.

Members during the debate questioned the height of the properties and whether they were in keeping with the surroundings.

The Development Manager informed members that the application sought permission for dwellings of the height shown on the plans, and that the officer recommendation is that the proposals were acceptable in relation to planning considerations.    

Proposal – Councillor Tony Thomas proposed the officer recommendations to grant the application, seconded by Councillor Alan James.

VOTE:

GRANT - 8

ABSTAIN - 0

REFUSE - 7

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

To consider an application for development of 0.244ha of land by the erection of three dwellings (outline application with all matters reserved) at land at Llwyn Afon, Llanrhaeadr, Denbigh (copy attached).

At this junction, the Chair Councillor Joe Welch stated as Local Member of the application 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 development of 0.44ha of land by the erection of three dwellings at Land at Llwyn Afon, Llanrhaedr, Denbigh.

General Debate – Councillor Joe Welch (Local Member) gave members a brief history of the application site. He made reference to the pre planning advice that had been given to the applicant in respect of the planning application. In support of the applicant Councillor Welch informed members that the proposal included two market homes and one affordable house, in an area of need of housing.

The Principal Planning Officer referred to the relevant Local Development Plan (LDP) policies to the application. Decisions on applications should be made in accordance with the LDP and with regard to other material considerations, weighing the policies against those considerations. 

Councillors considered there were material considerations which outweighed the policies of the development plan. 

Proposal – Councillor Mark Young proposed, seconded by Councillor Tony Thomas, that the application be granted contrary to officer recommendation, for the following reasons; that the Council’s housing land supply figures were below the 5 year target, the site is a brownfield site and it is an infill site and weight should be given to these considerations.  

The Development Manager mentioned to members that there were current applications for housing developments in Pentre (Llanrhaeadr), which proposed a number of dwellings. There had not been a need identified in the area for affordable housing. In the opinion of officers, the application was not compliant with the policies of the LDP.

VOTE:

GRANT - 9

ABSTAIN - 1

REFUSE - 5

RESOLVED that permission be GRANTED, contrary to officer recommendation, for the reasons proposed.

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

RESOLVED that under Section 100A of the Local Government Act 1972, the Press and Public be excluded from the meeting for the following item of business on the grounds that it would involve the likely disclosure of exempt information as defined in Paragraph 14 of Part 4 of Schedule 12A of the Act.

To consider a confidential report to amend the resolution previously made by Planning Committee in January 2017 when it authorised the service of the General Vesting Declaration (GVD) in order to complete the Compulsory Purchase Order (CPO) of the Former North Wales Hospital Site (copy attached). 

Councillor Hugh Evans, Leader & Lead Member for the Economy and Corporate Governance introduced the confidential report. The report provided come background history to the situation and process to date and the decision by Cabinet in April 2018 regarding the preferred party to take ownership.

Proposal – Councillor Meirick Lloyd Davies proposed the officer recommendation, seconded by Councillor Mark Young.

VOTE:

GRANT – 14

ABSTAIN – 0

REFUSE – 0

RESOLVED the Planning Committee authorises the making of a General Vesting Declaration to complete the compulsory purchase of the former North Wales Hospital site as shown edged red on the plan as detailed within Appendix 1 to the report pursuant to section 47 of the 1990 Act.

The meeting concluded at 12:50 p.m.