Agenda and draft minutes

No apologies were received.

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

There were no declarations raised.

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.

There were no urgent matters.

To confirm the accuracy of the minutes of the Planning Committee meeting held on the 14 December 2022 (copy attached).

The minutes of the Planning Committee held on 14 December 2022 were submitted.

Matters of Accuracy – None

Matters Arising – The chair confirmed that the matter involving social media was being worked upon by the chair and the newly appointed legal officer.

RESOLVED that subject to the above, the minutes of the meeting held on 14 December 2022 be approved as a correct record.

To consider an application for variation to conditions 2, 6 and 8 of planning permission 01/2022/0690 to allow amended layout, landscape management plan and ecological mitigation, compensation and enhancement measures at land adjacent to Ysgol Pendref, Gwaenynog Road, Denbigh (copy attached).

An application was submitted for variation to conditions 2, 6 and 8 of planning permission 01/2022/0690 to allow amended layout, landscape management plan and ecological mitigation, compensation and enhancement measures at land adjacent to Ysgol Pendref, Gwaenynog Road, Denbigh (previously circulated)

Public Speakers –

Heidi Ridder-Jones (against) – stated that at the Planning Meeting in November 2022, the legal officer stated that the twenty percent of affordable housing with the development on the site was legally binding. The Public speaker continued by informing the committee that the point was highlighted on multiple occasions during the Planning Committee meeting in November and felt that the matter swayed the committee’s decision to approve. However, the public speaker stated that the new application was at ten percent affordable housing in line with the Welsh Government guidance; it’s detailed that the ten percent could not be changed if that was the case; why wasn’t that stated before the application was granted in November 2022. Mrs Ridder-Jones sought the guidance of a chartered surveyor on the matter and felt those who opposed the application were well within their rights to be concerned with the change in percentage for affordable housing.

The new application would manipulate the original agreement to reduce the percentage from 20% to 10% of affordable housing. Firstly a section 106 deed of variation should not change the amount percentage of the affordable housing which was at the core of the decision taken at the previous planning committee meeting. The deed of variation of the S106 should have been submitted at the same time as the section 73 application, together with the contract with Adra and a revised affordable housing assessment showing how the change would align with Denbighshire’s housing need statistics. The committee would need confirmation that the dwellings would remain as affordable in perpetuity.

The public speaker felt that the November meeting was biased in granting the application. Denbighshire’s ecological strategy should be at the front of each decision; however, lip service was taken into the situation, the ecological’ s officers' comments have been disregarded, and that only trees should be maintained where possible. This would allow applicants to remove the trees where they wished. There was a wealth of ecology within trees at the site, and allowing the application Councillors would be going against Planning Policy Wales section 6.4 that development should not cause an effect on habitat or biodiversity.

Mr Stuart Andrews (for) – thanked the committee for being allowed to speak Mr Andrews reminded the committee that he was the Design and planning manager from Castle Green Homes; he was speaking to the committee regarding amendments to replace the Planning permission to one with an increase in affordable homes.

Mr Andrews highlighted how the site was an allocated housing site, which was purchased in 2022; in November, planning permission was secured to build 110 homes with twenty percent provision of affordable houses at the site, and all pre-commencement planning conditions were discharged concerning that scheme, and it could have started already. Mr Andrews stated during the last meeting, he spoke to Council officers regarding progress on the contract, which would have delivered the whole site through ADRA. This application was discussed today. The new application would still construct the 110 houses at the site. However, seventy-three percent of the houses would be affordable, and the remaining would be available for market rent. The financial contributions on the site of over £63k intended to fund new play areas at Cae Hywel Park and the footpath surrounding the area would not be affected by the newly proposed application and  ...  view the full minutes text for item 5.

To consider an application for erection of 3 dwellings including the installation of a package treatment plant, formation of vehicular accesses and associated workds at land at Llwyn Afon, Llanrhaeadr, Denbigh (copy attached).

An application was submitted for the erection of 3 dwellings including the installation of a package treatment plant, formation of vehicular accesses and associated works at land at Llwyn Afon, Llanrhaeadr, Denbigh (previously circulated).

General Debate –

Councillor Elfed Williams (Local member) – thanked the chair for the opportunity to speak; he disagreed with the officer's statement that the site was in the open countryside as there were houses on each side of the proposed area, and the site was a brownfield site. In closing, Councillor Williams stated that the development was needed for the local area and would benefit the village of Llanrhaeadr.

Councillor Merfyn Parry proposed the application be granted contrary to officer recommendations seconded by Councillor Elfed Williams.

Officers clarified that the development was stated as being in open countryside as it lay outside of the development boundary of the village. Therefore it was deemed in open countryside. The officers were guided to their recommendation following the LDP Policy BSC 9 (Local connections affordable housing within small groups or clusters); the application only highlighted that one of the three dwellings would be affordable. The officer noted that there is an extant outline permission that requires  reserved matters to be agreed upon by March 2023. Officers also clarified that if the application were granted, it would be required to have a section 106 agreement regarding the affordable dwelling and a possible commuted sum for open space.

The committee queried whether renewable energy sources would be a part of the site's development, such as ground source heating and solar panels. Officers responded as the site was a private development, it would need to comply with planning but would not require to conform to Welsh Government legislation. The committee raised the public feeling for the application locally; the local member confirmed that the community Council supported the application.

VOTE:

FOR – 16

AGAINST – 1

ABSTAIN – 1

RESOLVED that permission be GRANTED contrary to officer recommendations as detailed within their report.

To consider an application for erection of extension and formation of new roof to provide additional accommodation at first floor level (resubmission) at 188 Coast Road, Rhyl (copy attached).

An application was submitted for the erection of extension and formation of new roof to provide additional accommodation at first floor level (resubmission) at 188 Coast Road, Rhyl (previously circulated).

General Debate –

The chair called upon those who had attended the site visit to share their views on the application. The consensus with all those who visited the site was that the building was set back from the road. There was a variation of larger buildings surrounding the area, which would mitigate any overlooking concerns officers had raised. Members also raised that the Golf Club would be rebuilt into a two-story building once the flood defence work was completed.

Councillor Alan James proposed the application be granted contrary to officer recommendations, seconded by Councillor Peter Scott for the reasons stated above.

Planning officers reminded members that the previous planning refusal on the site was appealed by the applicants and dismissed by a Planning Inspector. However, the new application was of a smaller scale than previously applied for and Officers advised members that it was for them to individually consider whether the reduction in the size of the extension was sufficient enough to overcome the previous refusal. Officers reiterated that in their opinion it was not, but accepted it was an on balance decision. 

VOTE:

FOR – 18

AGAINST – 0

ABSTAIN – 0

RESOLVED that permission be GRANTED contrary to officer recommendations as detailed within their report.