Agenda and draft minutes

Apologies for absence were received from Councillors Melvyn Mile and Peter Evans.

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

The Team Leader – Places Team informed the committee that some members may have played a part in previous discussions and decisions in relation to the land in agenda item 5 – Land adjacent to Ysgol Pendref, Denbigh. He stated those members needed to be satisfied that they could approach that application with an open mind. 

Councillor Emrys Wynne declared a personal interest in agenda item 6 - Land at (part garden of) Llys Gwyn, Bryn Goodman, Ruthin as he knew some of the objectors to the application.

Councillor Julian Thompson-Hill declared a personal and prejudicial interest in agenda item 5- Land adjacent to Ysgol Pendref, Denbigh, as he was the Lead Member for Housing and had initially proposed the land to be sold for housing.

Councillor Brian Jones requested further guidance regarding agenda item 5 – Land adjacent to Ysgol Pendref, Denbigh as he had been on the Cabinet debate. Following guidance from the Team Leader it was in his opinion he was able to make an informed decision with an open mind.

Councillor Brian Jones declared a personal interest in agenda item 9 - Kynsal House, Vale Road, Rhyl as he had previously been contacted by residents regarding concerns at the site.

Councillor Mark Young confirmed that he had also been on the Cabinet debate regarding Agenda item 5 – Land adjacent to Ysgol Pendref, Denbigh but was of the opinion he would make a decision today with an open mind.

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 were raised.

To confirm the accuracy of the minutes of the Planning Committee meeting held on the 9 February 2022 (copy attached).

The minutes of the Planning Committee held on 9 February 2022 were submitted.

RESOLVED that the minutes of the meeting held on 9 February 2022 be approved as a correct record.

Councillor Meirick Lloyd Davies thanked the Clerks for making the amendments to the previous minutes.

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 the publication of the agenda, which contained additional information relating to those 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 110 dwellings, construction of a new vehicular access, landscaping and associated works at Land Adjacent Ysgol Pendref, Gwaenynog Road, Denbigh (copy attached).

An application for the erection of 110 dwellings, construction of a new vehicular access, landscaping and associated works at land adjacent to Ysgol Pendref, Gwaenynog Road, Denbigh.

Councillor Julian Thompson-Hill left the meeting for the duration of this agenda item as he had declared a personal and prejudicial interest.

Public Speakers – Helga Viswanathan (Against) informed the committee that the field was part of a working farm. Welsh Government agricultural land classification map illustrated the field to be grade 3a considered best and most versatile land. Planning Policy Wales stated that such land was a finite resource and should be conserved for the future and should only be developed upon if there was an overriding need. It was stressed developing the field for a further 110 houses could not be considered as an overriding need when 550 plus houses had been agreed in Denbigh alone, which was a large proportion of the recommended total for the whole county. The climate emergency, Brexit and war in Europe all bring uncertainties of food supplies from oversees therefore it was stressed the importance of conserving farm land. It was stated in 2019 Denbighshire County Council declared a climate emergency, the authority’s green policy stated that all decisions had to be made with climate crisis and environment in mind. Developing sites such as this proposal would release tonnes of carbon stored deeply with the soil directly contributing to climate change totally at odds to the declaration made be DCC. It was recently reported that the UK only had 52% of its biodiversity left, destroying fields and hedgerow added to its decline. The Environment Wales Act 2016 required that public authorities must seek to maintain and enhance biodiversity, and in doing so promote the resilience of ecosystems. It was stressed the measure set out in the developer’s proposal of providing bird and bat boxes and the planting of saplings would in no way mitigate the loss of the established wildlife habitat and biodiversity on this 7-acre site.

It was stated that road safety would be affected as the entrance to the development would be situated on a sharp bend that already had 2 junctions. It was felt that neighbouring roads would struggle to cope with the additional road use. It was thought the proposed 110 houses would equate to up to 300 extra vehicles. With the combination of the agreed planning at the North Wales Hospital site, it would potentially increase cars in Denbigh by over 1000 extra vehicles creating the potential for added congestion in Lenton Pool. The extra traffic would lead to an increase in noise and air pollution and would have a detrimental effect on the health and well-being of existing residents and particularly the school directly adjacent to the site. All planned developments combined would increase the population of Denbigh by thousands and would put added strain on existing doctors, dentists and other services who already have limited capacity whilst job opportunities were also limited. The majority of houses planned for Denbigh including the proposed development would all be in the same ward one of the most deprived in Wales. It was also felt local residents in need of housing would not benefit as the cost of the properties exceeded the affordability for many residents. Further objections were stressed being the removal of hedgerow, flood risk, loss of privacy, loss of amenity and the negative affect on the Welsh Language.

Mr Stuart Andrew (Agent) (For) confirmed he was the design and planning director of Castle Green homes. He confirmed the site was owned by Denbighshire County Council  ...  view the full minutes text for item 5.

At this point 11.20 am the meeting adjourned for a 10 minute break.

The meeting reconvened at 11.30 am.

To consider an application for the erection of 2 no. detached dwellings and associated works at land (part garden of) Llys Gwyn Bryn Goodman, Ruthin, LL15 1EL (copy attached).

An application for the erection of 2 no. detached dwellings and associated works at land at (part garden of) Llys Gwyn, Bryn Goodman, Ruthin.

Public Speakers – Mr Robert Jones (Agent) (FOR), informed the committee he was a qualified architect registered with the ARB and a member of the RIBA with over 16 years’ experience in the industry. He confirmed he had led the design development of the application. He stated in 2021 an application was submitted to the LPA for the erection of 2 residential properties to the rear of Llys Gwyn, Bryn Goodman following a positive pre-application in2019. The proposal followed the approval of two residential properties to the rear of Pennant in January 2020. He stated this proposal which had also included a subsequent application for an extension, was almost identical to the previous applications in respect of the siting, layout, scale, design, character, materials and aspect. The application presented had been prepared in line with the local planning policy and supplementary guidance. The application had been supported by the LPA with the recommendation to grant. It was stressed interfacing distances to neighbouring properties had been exceeded to not affect the visual amenities of local residents. Properties directly West to the site would be in excess of 32 metres, significantly exceeding the minimum requirement identified in the SPG. This condition was typical for 12 out of the 14 properties adjoining the trunk road to the West of the site. At each of the locations the eastern most properties would be elevated above the western following the local typography of the area. The speaker noted officers were of the opinion that the scheme was acceptable and would not result in unacceptable overlooking or overbearing impact of the neighbouring properties. It was also noted that no objections had been received from the internal consultation process. 

General Debate – Councillor Christine Marston informed members that at the site visit, members reviewed the geography and topography of the site, the impact on the surrounding neighbours and the access on to Bryn Goodman. Attendees explored the site and were allowed access to a neighbour’s property to ascertain any visual impact. Councillor Marston felt the site visit was very beneficial to those in attendance. Councillor Peter Scott was also in attendance at the site visit and concurred with Councillor Marston’s views.

Councillor Emrys Wynne (Local Member) confirmed he was also at the site visit. He stated he felt it was important for members to view the site. He informed members that one question that arose at the visit had been in regard to the status of the supporting wall at the rear of the land.  Councillor Wynne made reference to the planning permission granted to the neighbouring property stating a main difference being that development did not overlook into any neighbouring properties. Members at the site visit asked for confirmation on the accuracy of the property levels within the report. He informed members that a number of trees had already been removed from the area, prior to the application being presented to members. He confirmed the proposed new builds would be higher than existing properties and certainly would impact visually the neighbours. A number of windows would overlook nearby properties and affect the privacy of the neighbours. He raised concern that the skyline would be changed from trees to housing and would be less visually attractive. Councillor Wynne requested if members were in favour of the application that a condition be imposed to include fencing to ascertain a certain level of privacy. Councillor Emrys Wynne proposed to refuse the application against officer  ...  view the full minutes text for item 6.

To consider an application for the change of use of land and ancillary buildings to form residential Traveller site for 6 caravans, with the existing dwelling Kynsal House retained for owners / managers accommodation; including formation of internal pathways and parking, landscaping and associated works at Kynsal House, Vale Road, Rhyl, LL18 2PG (copy attached).

An application was submitted for the change of use of land and ancillary buildings to form residential Traveller site for 6 caravans, with existing dwelling Kynsal House retained for owners / managers accommodation; including formation of internal pathways and parking, landscaping and associated works at Kynsal House, Vale Road, Rhyl.

Public Speaker –

Mr Scott Drummond (Against) confirmed the concerns he wished to put forward were regarding the site uses. He provided objections on behalf of some residents local to the site including the proposed plan did not offer suitable turning space for large vehicles. The plan was an over intensification of the site. Access to and from the site from Vale Road is and would be a danger to existing businesses and pedestrians. He stressed in his opinion that the change of use of the land to form residential gypsy and traveller site, in close proximity to existing residential properties would give rise to the potential for increased activity on site. Which was in conflict with the criteria within the Local Development Plan policy BSC10 which required proposals for sites not to be detrimental to the amenity of occupiers of adjacent properties. It was his opinion that the size and location of the site proposed, the size of caravans proposed and including car parking and nearby buildings would have an adverse impact on the health and wellbeing of the occupants. The same considerations that would be expected to be considered should an applicant submit an application for a building on the plot. He informed members the application should be a retrospective application as two static caravans had been on site since 2019, with no planning permission. He also raised the removal of trees, shrubbery and hedges had taken place and a dropped curb installed all without planning permission. Since 2019 when the development was first established, no attempt to engage with the immediate community had taken place, with any concerns or engagement by local residents ignored or challenged by the occupants. He informed members some local residents had experienced anti-social behaviour, including noise and light pollution. It was felt that the many vehicles and noise produced at the site were from business activities and not purely residential.             

General Debate – The Chair informed members a site visit had taken place at the site on Friday 4^th March. Councillor Christine Marston had been in attendance at the site visit. Councillor Marston concluded the visit had been to establish the setting and character of the area, the proximity of the neighbours and the access at the site and neighbouring properties.

Councillor Pete Prendergast (Local Member) urged planning committee members to object to the planning application. He stated since 2019 all hedging and shrubbery had been removed and a drop curb installed to gain access to the site, two static caravans had been installed on the land and all done without any planning permission from the authority. He confirmed the vehicular access off Knowlsley Avenue had been blocked up by fencing but the dropped kerb remained. He informed the committee that to date all local businesses and residents had all been subject to anti-social behaviour and had raised concerns about light and noise pollution. Councillor Pete Prendergast proposed the application be refused against officer recommendations for the following reasons, the siting of six static caravans and the occupied house on the site would be over intensification of the site. The proposed layout of the site did not conform with model 2008 standards for adequate turning space to accommodate large vehicles such as ambulances and fire engines. Access to the site, via  ...  view the full minutes text for item 7.

To consider an application for the Erection of proposed extension to provide annexe accommodation at Graianrhyd Farm House, Llanarmon Yn Ial, Mold (copy attached).

An application for the erection of proposed extension to provide annexe accommodation at Graianrhyd Farm House, Llanarmon Yn Ial, Mold.

The Chair referred members to the additional information included in the supplementary papers.

General Debate – Councillor Martyn Holland (Local Member) urged members to support the application. He explained the application was to allow a family to accommodate older relatives. The original application had been amended following planning officer’s guidance. The proposal site did not overlook any other properties with no immediate neighbours and was not located within the Area of Outstanding Natural Beauty.

Proposal – Councillor Emrys Wynne proposed that the application be granted in accordance with officer recommendations as set out in the report, seconded by Councillor Christine Marston. 

VOTE:

FOR – 15

AGAINST – 0

ABSTAIN – 0

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

To consider an application for the alterations and extension to existing outbuilding to form annex accommodation ancillary to existing dwelling and associated works at 1  Llwyn Mesen, Meliden, Prestatyn (copy attached).

An application was submitted for alterations and extension to existing outbuilding to form annex accommodation ancillary to existing dwelling and associated works at 1 Llwyn Mesen, Meliden, Prestatyn.

The Chair explained the reason the application had been presented to the committee was due to the applicant being Councillor Peter Evans.

Proposal – Councillor Merfyn Parry stated the application presented was a straightforward application and proposed that the application be granted in accordance with officer recommendations as set out in the report, seconded by Councillor Bob Murray.

VOTE:

FOR – 15

AGAINST – 0

ABSTAIN – 0

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

The Chair offered thanks and best wishes on behalf of the committee to the Legal Officer – Tim Dillon. He explained this was the last committee meeting that Tim would be attending before leaving the authority. He wished him well in his new position and thanked him for his work during his time working for Denbighshire County Council.

To consider a report seeking members response to the statutory pre-application consultation on the proposed HyNet North West Carbon Dioxide Pipeline (copy attached).

The Chair introduced the Hynet North West carbon dioxide pipeline- nationally significant infrastructure project report (previously circulated). It was explained to members the report was presented to committee for members agreement not to submit formal observations in response to the pre-application consultation on behalf of Denbighshire County Council. The Chair guided members through the reasons for this recommendation.

Councillor Brian Jones informed the members he had involved in discussions regarding this project. He urged members to monitor the process of the project.

Councillor Mark Young proposed the recommendation included in the report that;

‘Denbighshire County Council, as neighbouring authority does not wish to make any observations on the proposed carbon dioxide pipeline PEIR at this time, however the Council reserves the right to comment on the proposal at application stage, and to make representations on other component parts of the HyNet North West Project.’

This proposal was seconded by Councillor Peter Scott.

All members were in agreement with the proposed recommendation.

RESOLVED that the planning committee agree for the wording detailed above, be approved as the response to the pre-application consultation.