Agenda and draft minutes

Councillors Christine Marston, Bob Murray, Melvyn Mile, Peter Evans and Huw Jones.

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

Councillor Emrys Wynne declared a personal interest in agenda item 7 – as he knew the applicants personally.

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 11 December 2019 (copy attached).

The minutes of the Planning Committee held on 11 December 2019 were submitted.

RESOLVED that the minutes of the meeting held on 11 December 2019 be approved as a correct record.

To consider an application for the alterations and rear extension to existing building, demolition of curtilage structure, erection of ancillary building, retention of log cabin (for temporary period), boundary fencing and gates, and provision of on-site parking and turning area (copy attached).

An application was submitted for alterations and a rear extension to the existing building, demolition of curtilage structure, erection of an ancillary building, retention of a log cabin (for a temporary period), boundary fencing and gates, and provision of on-site parking and turning area at Bwlch Du, Nantglyn, Denbigh.

The Vice Chair, Councillor Alan James took the Chair for this item because the Chair, Councillor Joe Welch was the Local Member.

Public Speaker –

John Litton QC (Against) – represented Brenig Windfarm who objected the proposed developments. He stated that the committee had three issues to consider.

The first issue was whether the existing building had lawful residential use. On this issue there were five points. Firstly the appropriate way to resolve the issue would be for the applicant to apply for a lawful development certificate.  Secondly the site was enforced against in 2018 which resulted in a failed appeal by the applicant, the good sense of applying for a certificate was referred to by the inspector who said ‘statute has provided a means for legally determining or establishing the planning status of land, a lawful development certificate’. No certificate exists, or to his knowledge no application has been made. Following the site visit on Friday it was noted that there had been further breaches to planning and listed building control.  Thirdly if the applicant had applied for a certificate they would have had to support the application by evidence including sworn statements. The inference which can be drawn from the failure to apply is that they realise an application would fail.  Fourthly the fact that any residential use of the building has been abandoned was the long held position of the Council who have sought and received independent legal advice on the issue on at least two occasions. Fifthly there is nothing before members including the material submitted on behalf of the applicant which would allow them to reasonably reach a different conclusion to officers.

The second issue was if the building does not have existing residential use, was the change of use and other proposed development in accordance the Local Development Plan? The correct position set out by officers in reports since July 2019 was that granting permission for change of use and proposed developments would be contrary to the local plan both in principle and because of the adverse planning impacts on the visual and landscape character of the area, with the ecology and the building as a listed building. It was would also have an impact on the amenities of any future occupiers of the building because of the potential noise from the nearby turbines. Very importantly granting permission for any residential use, would likely curtail the operation of one or more of the existing turbines, which would be wholly inconsistent with the critical need to produce renewable energy to help address the climate emergency which has been given so much recent media attention, therefore granting permission would be contrary to the local plan, Planning Policy Wales and TAN8 for the clear reasons given by officers.

The third issue was if the existing building has a lawful residential use, was the proposed development in accordance with the development plan? Even if it was concluded that any residential use of the building has not been abandoned, permission should still be refused for the reasons given by officers.

Mark Davies (For) - thanked the committee for the opportunity to speak. It was clarified that he was present whilst the item was discussed in September, and in his opinion Councillors did speak clearly and in a  ...  view the full minutes text for item 5.

To consider an application for the development of 0.125ha of land by the erection of a detached local needs affordable dwelling and associated works (outline application - all matters reserved) (copy attached)

An application was submitted for the development of 0.125ha of land by the erection of a detached local needs affordable dwelling and associated works (outline application - all matters reserved) at Land opposite Land adjacent to Bwlch y Llyn, Pentre Coch, Ruthin

Public Speaker –

Denise Baker (For) - informed the committee that the family had been farming in the location for five generations, and were a Welsh speaking family which have always supported the local community, and continue to do so. The application was for a self-build affordable need house, which was for a young member of the family who wished to remain in the area and close to the family. The proposal was for a modest home in harmony with the area’s character, and use of local construction material. Given the exceptional nature of such a development it was acknowledged a design sensitive to the area would be required. The proposed site of the development was on land owned by the family and the concerns of consultees over the development occurring in open countryside was understood. However the previous house on the site could be taken into consideration. The previous dwelling was called Waen Grogen, the proposed site was a brown field site, which had no agricultural benefit. The house could not be seen from any other houses, and additional screening could be carried to lessen the visibility further. The applicants’ intention was to allow future generations of the family to live in the property for the future. However legal agreements could be put in place to ensure someone with close ties to the area would live in the dwelling, as long as affordable needs existed in the area.

General Debate:

Councillor Hugh Evans (Local Member) referred to six other applications which were very similar to this, and they had been granted. The application would allow a local Denbighshire resident to stay within the County, which was a part of the corporate plan, the Welsh language would also be preserved in the area. The average cost of houses in the area was in excess of £300,000 and having affordable housing would allow a young member of society to stay in the area. It was also highlighted that there was a shortage of affordable housing in the rural areas. The proposal would also bring an abandoned house back into use. The application did not pass some of the planning policies but did meet the corporate priorities. If the application was accepted it would not set a precedent across the county.

Officers responded to the local member’s questions in regards to policy BSC8 and BSC9 and the tests for these policies. In regards to BSC8 the applicant had not provided evidence to demonstrate that allocated housing sites were not likely to come forward within 5 years the site clearly did not adjoin the development boundary of the village, which was 1.2km to the west of the proposal. In regards to policy BSC9 the property would be developed well away from the farm and would be in the open countryside. It was also noted that the applicant was not in affordable housing need, based on standard tests including income and savings, as assessed by Grwp Cynefin.

Proposal Councillor Tony Thomas, proposed the development be granted contrary to officer recommendation as the development met the Council’s corporate plan, seconded by Councillor Emrys Wynne.

Members highlighted that the property would be developed on land which had no agricultural benefit and it was queried whether there was a previous property at the site and whether that it would have an  ...  view the full minutes text for item 6.

To consider an application for variation of condition 1 of planning permission 01/2009/1424/PS to allow continuation of extraction of permitted reserves (copy attached).

An application was submitted for Variation of condition 1 of planning permission 01/2009/1424/PS to allow continuation of extraction of permitted reserves at Graig Quarry, Graig Road, Denbigh.

Public Speakers –

Dr Susan Hewitt (Against) – informed the committee that she resided in Pen y Craig and represented locals who were affected by the activities in the quarry. The nearby homes were already damaged due to the extraction at the quarry. It was raised that the blasting limits had not been breached, however local residents had received information that the measurements were being taken on grassed areas. It was also outlined that no seismic recordings were taken from the surrounding houses. It was also stated that a local builder had informed the residents of the surrounding area that the houses build quality was poor, which made them more susceptible to damage from the quarry.

The committee were invited to the houses to experience the shaking whilst blasting takes place. Sound noise pollution could be higher than the average noise which could cause damage to ears and hearing of local residents. Dust particles which would be circulated due to the quarry operation was highlighted as a concern especially Particulate Matter (PM), which lodges in bodies and can cause illnesses. The World Health Organisation stated that there was no safe exposure level. The PM has detrimental effect on bodies and health and wellbeing, as the particles did not disperse over distance and therefore the whole of Denbigh would be affected. The particulate levels were recorded in Denbigh on the high street, however no data was recorded nearby to the quarry, therefore the data within the reports did not highlight the risks to those who resided next to the quarry. There should be full health impact assessment taken with the quarry, and she wanted the committee to realise the risk to health the quarry would have on local residents and urged them to reject the application.

Malcolm Ellis (For) thanked the committee for debating the application. The quarry would supply for local needs. The development would have conditions which would alleviate any negative effects on local residents. The quarry employed 16 local residents at the quarry. The quarry spent £1.2 million into the local community and paid the workers an average of 30% above of the minimum wage. There would be no increase in traffic or the amount which would be extracted at the quarry, the application was for an 8 year extension to the time permitted for extraction. If the application was refused the materials would need to be sought elsewhere which would have a larger carbon footprint than the current usage of the quarry. In regards to blasting and concerns raised, the procedures were being looked at and improved. Local residents were also invited to a presentation which gave information on the blasting and how it was carried out. The quarry would be willing to listen to concerns from local residents and continue to increase the standards at the quarry.

General Debate:

Councillor Gwyneth Kensler (Local Member) informed the committee that the matter was a complicated one. It was clear that the blasting had an impact on the surrounding buildings as cracks had appeared. There was consultation meeting organised by Breedon Southern Limited in Denbigh Rugby club on the 4^th December 2019 which discussed the physical extension of the quarry which would be a separate planning matter. Since she had attended the consultation, the effect of the quarry on local residents become apparent as the work started again in 2016.

Councillor Kensler highlighted the matter of the dust and especially  ...  view the full minutes text for item 7.

To consider an application for the erection of a free range egg production unit including silos and associated works including access (copy attached).

An application was submitted for the erection of a free range egg production unit including silos and associated works including access at Plas Llanynys, Llanynys, Denbigh.

Public Speaker –

Tom Jones (For) – Thanked the committee for the opportunity to speak. He informed the committee that his was the third generation to farm at Plas Llanynys. Historically the farm was a dairy enterprise however with the death of his father in 2003 the farm had no one available to run it, and the cattle and equipment were sold. After almost two decades re-establishing a dairy farm, this was economically unviable. The new building proposed would maximise bird welfare, with specialised equipment, the design would allow the birds to roam freely in the surrounding area. A new building was required as the existing buildings were designed to hold cattle. The dimensions of the proposed new build were compliant with the requirements of current regulations and guidance and the RSPCA, which regulate the amount of space each bird requires. The proposed building had a 12% smaller footprint than a 32,000 bird unit, which were more common. Given the size of the farm, the options to grow a sustainable farming business were very limited, however by researching the free range egg industry the applicant believed that this application was the best and most viable option to bring the business out of stagnation. The application would boost the local economy, providing full time employment for the applicant and at least one part time job. The application would secure the farm’s future, which could be passed down to future generations. The regulatory bodies did not object to the proposal and the local community council were in favour of the application. The proposed building was at the furthest point from other homes, which would mitigate any impact on local residents.

General Debate:

Councillor Merfyn Parry (Local Member) – informed the committee that the application would allow a local farm to come back into use, and commended the applicant and officers on the work which had been carried out to mitigate local concerns with the application.

Proposal – Councillor Emrys Wynne proposed the application be granted in accordance with officer recommendations. Seconded by Alan James.

VOTE:

GRANT – 10

REFUSE – 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 development of 0.14 ha of land by the erection of 3 no. detached dwellings (outline application including access) (copy attached).

An application was submitted for the Development of 0.14 ha of land by the erection of 3 no. detached dwellings (outline application including access) at Land opposite Ty Newydd Clawddnewydd Ruthin.

General Debate

Councillor Eryl Williams (Local Member) advised there have been objections against the application. There were highway concerns and residents did not want ribbon development in the area. It was suggested that a kerbstone be included in the proposal to allow bins to be put out without impeding onto the highway. Attention was drawn to the detailing of the proposed development and the entrances to the road. 

Members queried whether the development was in a flood risk area. It was requested that a condition be included that the kerbing and street lighting be implemented prior to any development.

Officers responded with regards to the plan, the entrances posed no concern to the highway officers. The matter of kerbing was covered by condition 8 which was included in the report. Surface water  would be contained within the application site and would not have an effect on the highway.

Proposal Councillor Merfyn Parry proposed the application be granted in accordance with officer recommendations, seconded by Councillor Emrys Wynne.

VOTE:

GRANT – 10

REFUSE – 0

ABSTAIN – 0

RESOLVED that permission be GRANTED in accordance with officer recommendations as detailed within the report and supplementary papers.

Information report by the head of planning and public protection on the Welsh Government Consultation on Changes to Planning and Related Application Fees (copy attached).

RESOLVED that the Planning Committee note the content of the report.