Agenda and draft minutes

Councillors Ellie Chard, Gwyneth Kensler and Julian Thompson-Hill.

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

The following Councillors declared interests for the following items –

·         Councillor Mark Young – agenda item 5 – declared a personal interest as he was a cabinet member and the matter was within his remit.

·         Councillor Emrys Wynne – agenda item 5 – declared a prejudicial interest as his daughter in law assisted in the development of the proposed application.

·         Councillor Merfyn Parry – agenda item 5 – declared a personal interest as he knew land owners in the surrounding area.

·         Councillor Tony Thomas – agenda item 5 – declared a personal interest as he was the previous lead members for the application.

·         Councillor Brian Jones – agenda item 6,7,8,9 and 10 – declared a prejudicial interest as the lead member.

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 the 12 February 2020 (copy attached).

The minutes of the Planning Committee held on 12 February 2020 were submitted.

Accuracy – page 13: item 6 members highlighted that the road in question was the A547 and not the A541 which was noted.

RESOLVED that, subject to the above, the minutes of the meeting held on 12 February 2020 be approved as a correct record.

To consider an application for the change of use of land to residential Gypsy and Traveller site to include 3 semi-detached amenity blocks with associated hardstanding access road and landscaping (copy attached).

An application was submitted for the change of use of land for residential Gypsy and Traveller site to include 3 semi-detached amenity blocks with associated hardstanding access road and landscaping.

Prior to the application being discussed Councillor Emrys Wynne clarified that he did not attend the site visit, then left the chamber for the duration of the debate as he had declared a personal and prejudicial interest in this item.

Public Speakers –

Leanne Groves (Against) – thanked the committee for the opportunity to speak on behalf of her family and the surrounding community. It was stated that each parent wanted the best for their children, however imagine if things were taken away from them, this was the case for the public speaker’s child Izzy who had Pitt Hopkins Syndrome. Due to the syndrome the family chose a house which was located away from urbanisation and sound pollution. When purchasing the property the legal advice was that there was no allocation of development within the LDP as the site was in the open countryside with a strong presumption against any development. With this assurance the family purchased the property. Currently there were 7 people residing at Cwtir lane. A development would affect the rural character of the community as the development was not in keeping with the character of existing buildings. There would also be an adverse impact to nature, the development would affect the wellbeing of current residents. The development would have an adverse affect on Izzy as sounds caused distress which was the medical professionals’ opinions. The application could cause Izzy to live elsewhere. The proposed development would cause an already hazardous route to be more dangerous with the increased traffic.

Marc Sorrentino (Against) – the application was for a residential development outside the settlement boundary and the application would need to be discussed on the planning policies. The application did not comply with national policies PPW and with local planning polices RD-1 and BSC-10. The application did not meet policy RD-1, and did not comply with BSC-10 as the outskirt was not defined, the walking distance was through a farm, which was not an adequate entry way. This application was not on the outskirts. The fact that the application did not comply with the policies was a robust enough reason to refuse the application. Much has been made of the provision to the Gypsy and Traveller and sites. The Welsh Government guidance highlighted the amenities should be developed at a suitable location, however the public had been made aware that other sites which were more suitable on policy grounds and within settlements had been discussed prior on the process of allocating a site.

Trudy Aspinwall (For) – who was team manager of the travelling ahead project who worked with Gypsy, Roma and Traveller families in Wales and thanked the committee for the opportunity to speak on behalf of the family who would live at the proposed development at Cwtir lane. As advocates for Gypsy, Roma and Traveller families it was good news that Denbighshire was proposing a development, the news was appreciated especially with the recent hard times for Gypsy, Roma and Traveller families as there have been a loss of traditional stopping sites, and Councils have not rushed to develop sites. This would cause the Gypsy, Roma and Traveller, to be moved, evicted and moved again or retreat into bricks and mortar housing, which would lose them family links and culture, these were negative impacts on the families. In 2014 the Welsh Government legally recognised the needs and rights for  ...  view the full minutes text for item 5.

To consider an application for the Construction of a Local Authority Waste Transfer Station to undertake the sorting and baling of separately collected recyclable waste; to include the erection of the main recycling building, one depot building and storage bays; installation of vehicle wash and weighbridge, siting of generator, creation of new access and associated road widening, construction of internal road, service yard, storage areas, parking, drainage and substations (To serve plots 1-5), landscaping and associated works (copy attached).

An application was submitted  for the construction of a Local Authority Waste Transfer Station to undertake the sorting and baling of separately collected recyclable waste; to include the erection of the main recycling building, one depot building and storage bays; installation of vehicle wash and weighbridge, siting of generator, creation of new access and associated road widening, construction of internal road, service yard, storage areas, parking, drainage and substations (To serve plots 1-5), landscaping and associated works at Land Adjacent to Colomendy Industrial Estate, Denbigh.

Public Speakers –

Georgia Crawley (For) – thanked the committee for the opportunity to speak, she clarified that she would discuss the matters of the proposals broadly, the proposed development of 5 plots which would be set over 13,500m² of new industrial and business floor space of various sizes, alongside a local authority waste transfer facility on the 8.5 hectares of employment land allocation North of the Colomendy industrial estate. The applications had been submitted separately however they had many shared aspects. The site had been allocated for employment use for 20 years however the site had not been developed due to costs of purchase and to service the site. There had been a consortium created between Denbighshire County Council, Yard Space Wales, Henllan Bakery, Lock Stock and Emyr Evans. Each respective party have planned the development and expansion they required. The collaboration has brought together civic and private development which has created an innovative and effective way to get a development brought together. The main works such as ground, road and drainage works would be completed first. The waste transfer facility would not process waste but they would collect and bundle the waste. The proposed application would allow Denbighshire to conform to the Welsh Government blueprint with curb side collection, and weekly collection of recycling. The economic impact over 5 plots would be significant. Within 5 years it was estimated that 525 direct and indirect jobs would be created. The estimated total capital investment would be £20.3 million pounds to the economic impact estimated that this would be £2.9 million injected into Denbigh’s economy per annum increasing to £9 million by 2024. The scheme was considered to be in line with Council policy PSE2. The developers have worked close with neighbours during the pre-application process to alleviate concerns and there have been no objections to the development. 

General Debate -

The committee were informed that they would need to determine each of the applications on their own merits. However the landscaping and highway work would affect all the applications. The area which was proposed to be developed had been allocated as employment land within the LDP. Each plot had separate proposed uses. Plot one would be a Waste Transfer Station to undertake the sorting and baling of separately collected recyclable waste, this would be required to be in line with Natural Resources Wales guidelines. Plot 2 would be for Yard Space Wales as a hybrid application for the 31 units (for B1, B2 and B8 uses). Plot 3 would be an extension for Henllan Bread which would allow them to increase production. Plot 4 was for Lock Stock to increase the amount of storage containers. Lastly Plot 5 was for Emyr Evans which was a hybrid application for the erection of 22 units and the increase of total floor space.

There had been no objections from any local residents, there also been no objections by professional bodies. However Natural Resources Wales requested that there should be sufficient Great Crested Newt mitigation and management at the site.

Councillor Mark Young (Local Member)  ...  view the full minutes text for item 6.

To consider an application for the erection of extension to existing industrial unit (for B1, B2 and B8 uses), connection to existing access, construction of internal access road, service yard, storage and parking areas, drainage and substations (to serve plots 1 to 5) landscaping and associated works (copy attached)

An application was submitted for the erection of an extension to the existing industrial unit (for B1, B2 and B8 uses), connection to existing access, construction of internal access road, service yard, storage and parking areas, drainage and substations (to serve plots 1 to 5) landscaping and associated works.

PROPOSAL - Councillor Mark Young proposed the application be granted in accordance with officer recommendations, seconded by Councillor Merfyn Parry

VOTE:

GRANT – 14

REFUSE – 0

ABSTAIN – 0

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

To consider a Hybrid planning application for:

i)    Full planning permission for the erection of 6 units (for B1, B2 and B8 uses), connection to existing access, construction of internal access road, service yard, storage and parking areas, drainage and substations (to serve plots 1-5), landscaping and associated works

ii)   Outline planning permission including access, layout and landscaping for the development of land for 25 units (for B1, B2 and B8 Uses) (copy attached).

A hybrid application was submitted for:

(i)    Full planning permission for the erection of 6 units (for B1, B2 and B8 uses), connection to existing access, construction of internal access road, service yard, storage and parking areas, drainage and substations (to serve plots 1-5), landscaping and associated works

(ii)  Outline planning permission including access, layout and landscaping for the development of land for 25 units (for B1, B2 and B8 Uses)

PROPOSAL - Councillor Mark Young proposed the application be granted in accordance with officer recommendations, seconded by Councillor Alan James.

VOTE:

GRANT – 15

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 Erection of 11 units (for B1, B2 and B8 uses), change of use of land for the siting of storage containers, connection to existing access , construction of internal access road, service yard, storage and parking areas, drainage and substations (to serve plots 1 to 5), landscaping and associated works (copy attached).

An application was submitted for the erection of 11 units (for B1, B2 and B8 uses), change of use of land for the siting of storage containers, connection to existing access, construction of internal access road, service yard, storage and parking areas, drainage and substations (to serve plots 1 to 5), landscaping and associated works.

PROPOSAL - Councillor Mark Young proposed the application be granted in accordance with officer recommendations, seconded by Councillor Merfyn Parry

VOTE:

GRANT – 15

REFUSE – 0

ABSTAIN – 0

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

To consider a hybrid planning application for:

i)    Full planning permission for the erection of 1 unit (for B1, B2 and B8 uses), connection to existing access, construction of internal access road, service yard, storage and parking areas, drainage and substations (to serve plots 1 to 5) landscaping and associated works

ii)   Outline planning permission including access, layout and landscaping for the development of land for 21 units (for B1, B2 and B8 Uses) (copy attached).

A hybrid planning application was submitted for

(i)    Full planning permission for the erection of 1 unit (for B1, B2 and B8 uses), connection to existing access, construction of internal access road, service yard, storage and parking areas, drainage and substations (to serve plots 1 to 5) landscaping and associated works

(ii)  Outline planning permission including access, layout and landscaping for the development of land for 21 units (for B1, B2 and B8 Uses)

PROPOSAL - Councillor Mark Young proposed the application be granted in accordance with officer recommendations, seconded by Councillor Merfyn Parry

VOTE:

GRANT – 15

REFUSE – 0

ABSTAIN – 0

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

Information report on recent planning appeal decisions received from the Planning Inspectorate on cases within the County. It covers the 6 month period from September 2019 to date (copy attached).

RESOLVED that the planning committee note the content of the report.

To consider an application for the change of use of land to provide 14 tent pitches (copy attached).

An application was submitted for the change of use of land to provide 14 tent pitches.

Officers gave some background to the application, and informed the committee that there was no additional information within the blue sheet. The site for the application was already an operating camping site, the application was for an extension.

Members outlined that the proposed area was in a flood zone, and queried whether there were safety precautions should flooding would occur at the camp site.

Officers responding informed the committee that the owners were registered with the Natural Resources Wales flood warnings scheme, however if members wished, officers would raise the flood issues with the applicant.

PROPOSAL – Councillor Merfyn Parry proposed the application be granted in accordance with officer recommendations, seconded by Councillor Bob Murray.

VOTE:

GRANT – 14

REFUSE – 0

ABSTAIN – 0

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

To consider an application for Erection of 64 no. dwellings, construction of a new vehicular access and associated works (copy attached).

An application was submitted for the erection of 64 no. dwellings, construction of a new vehicular access and associated works at land between Old and New Ruthin Road, Denbigh.

Public Speaker –

Stuart Andrew (For) spoke on behalf McBride homes the applicant for the proposal and thanked the committee for the opportunity to speak for the construction of 64 dwellings on Ruthin Road, Denbigh. The site had an outline planning permission and a site development brief has been developed previously by the Council, the site was for residential development. The site would have a provision of affordable housing, and open green spaces in accordance with Council policies. With the proposed 64 dwellings 10% would be affordable dwellings, along with a financial contribution for the 0.4 of a dwelling to fulfil the 10% allocation. There would be half an acre of open green space available for public to use, and the maintenance programme for the open space would be agreed by the Council. There would also be a payment towards local schools of £75,000, there were no objections from the professional consultees, as there was no adverse impact on the amenities of existing buildings. 

General Debate –

Councillor Mark Young (Local Member) queried why the funding from the public spaces within the application had been reduced and the education contribution was increased. It was also raised that previous applications in the area highlighted the affect which would be caused on wildlife specifically hedgehogs and hedgerows.

Officers responded to the query by stating that the original sum for open spaces was reduced as the Council would not be maintaining the green open spaces therefore the amount was reduced. The reason the education contribution was increased was that the original assessment of need in schools was re-assessed in January and the amount was increased as there was an identified need. The ecological assessment of the site indicated that there would be no adverse impact on the ecology in the area.

In response Councillor Mark Young (Local Members) queried whether Denbighshire County Council had a policy where they maintained open spaces, officers responding that it was dependant on the site however on most occasions the Council would not maintain open spaces. There were many alternatives available to maintain green spaces. The education contribution would be payed directly to the education team. Referring back to the maintenance plan for the proposed development the committee were anxious that with previous applications, a maintenance plan was not determined which caused confusion for residents. Members queried whether for future applications that maintenance can be agreed within the planning process. Officers responded stating that maintenance plans of open green spaces with applications could be discussed in a future Scrutiny Committee meeting.

Members queried whether a Welsh language impact assessment had been carried out for the application. Responding officers informed the committee that the proposed development was within the LDP and there had been a Welsh language assessment carried out during the LDP process.

Members’ raised concerns with flooding in the area with the proposed development, members were informed that there had been no objections from professional bodies to the development.

Proposal – Councillor Merfyn Parry proposed the application be approved in accordance with officer recommendations, seconded by Councillor Alan James.

VOTE:

GRANT – 10

REFUSE – 0

ABSTAIN – 2

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

To consider an application for the erection of 77 no. affordable dwellings together with access, open space and associated works (copy attached).

An application was submitted for the erection of 77 no. affordable dwellings together with access, open space and associated works at Land at Glasdir, Ruthin.

Public Speaker –

Peter Lloyd (For) – the concept of Glasdir was a sustainable urban extension, with housing and employment coming together with a link road which had been planned for 20 years and was in the adopted local plan. It wouldn’t come as news to the committee that the proposed development would be a much needed affordable housing development for the site. Planning policies support the development of houses on suitable undeveloped land within settlements, this development would complete the Glasdir jigsaw. The design of the houses would be low carbon development, and low energy use, which was the future for developments. With flood risk, Clwyd Alyn’s consultants have worked closely with NRW and flood defence officers with the most up-to-date data and modelling to demonstrate that risks relating to the site and the consequences, including allowing for climate change on and off the site, could be acceptably mitigated in line with planning policy TAN-15. The response from statutory and internal consultees was that there we no objections. There would be benefits of the partnership between Welsh Government, Denbighshire County Council and Clwyd Alyn, with developing publicly owned land for affordable housing, for local people. There would be substantial financial contributions to open spaces, sustainable drainage and a SAB application was already lodged. The preservation of the Welsh language has been assessed with the application. The application would have high quality low carbon houses and bungalows, footpaths, cycle paths and open green spaces, which would show confidence and investment in Ruthin. This would be an innovative housing scheme which would secure £9.1million of Welsh Government investment and the committee were requested to grant the application to unlock the potential investment.

General Debate – Councillor Emrys Wynne (Local Member) was pleased that the item was being discussed in the committee. There have been a lot of concerns raised by local people to the proposed development and it was reassuring to see so many of the concerns answered within the report by officers. Councillor Emrys Wynne also declared a personal interest following the realisation that his brother was objecting to the development.

Councillor Bobby Feeley (Local Member) – was concerned that the increase in the number of dwellings and people would strain the existing infrastructure in the area. Concerns had been raised about the proposed area of development as it would have an effect on the traffic flow for the area which was already bad at peak times. There were concerns raised with the potential impact on the ecology of the area, and the heightened risk with flooding especially as the area was within the flood risk area. It was also highlighted that Welsh Government were in the process of strengthening policies relating to flooding, and highlighted that planning policy TAN 15 was out of date for the development.

Councillor Huw Hilditch-Roberts (Local Member) – clarified that he understood that there was a corporate need for housing and sympathised with officers when producing the report as a balanced approach was needed. However the application intended to build two and three bedroom dwellings and the designs were not in line with the character of the town. There would also need to be a lot of work carried out in respect of flood management. The traffic in the area would be affected negatively by the development, it was suggested that local knowledge should be taken into consideration especially with traffic and the effects on the  ...  view the full minutes text for item 14.