Venue: Council Chamber, County Hall, Ruthin and by video conference
Contact: Committee Administrator 01824 706715 Email: email@example.com
Webcast: View the webcast
Apologies for absence were received from Councillors Jon Harland and Elfed Williams.
The Chair stated members that were attending virtually via Zoom and those present in the Chamber, County Hall, Ruthin.
Members to declare any personal or prejudicial interests in any business identified to be considered at this meeting.
Councillor Cheryl Williams declared a personal interest in Urgent item - Application No. 45/2021/0516 - Kynsal House, Vale Road, Rhyl – Councillor Williams informed the committee a family member neighboured the site.
URGENT MATTERS AS AGREED BY THE CHAIR
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.
In accordance with Section 100B(4) of the Local Government Act 1972 the Chair declared that he intended to include for discussion the following matter which required urgent attention –
Application no. 45/2021/0516 – Kynsal House, Vale Road, Rhyl
It was agreed to consider the matter following the main business items.
To confirm the accuracy of the minutes of the Planning Committee meeting held on the 15 February 2023 (copy attached).
of the Planning Committee held on 15 February 2023 were submitted.
Matters of Accuracy –
Page 10 - Application No. 03/2022/0862 42 Market
Street, Llangollen – Councillor Karen Edwards stated she had abstained from the
Councillor Win Mullen-James stated she had been in attendance at the
meeting but had not been included on the attendee list. Councillor Huw
Hilditch-Roberts stated he too had been in attendance.
Members stressed the importance of accurately recording members
attendance at the meeting. The Chair confirmed at the start of each meeting he
verbally confirmed members present virtually and in the Chamber, County Hall.
Present at the previous meeting held on the 15th February 2023
had been –
Virtually – Councillors Ellie Chard, Jon Harland, Huw Hilditch-Roberts,
Julie Matthews, Win Mullen James, Pete Prendergast, Gareth Sandilands and Elfed
In person – Councillors Karen Edwards, Gwyneth Ellis, James Elson, Alan
James, Delyth Jones, Terry Mendies, Merfyn Parry, Peter Scott, Andrea Tomlin and
Mark Young (Chair).
Arising – None
that subject to the
above, the minutes of the meeting held on 15 February 2023 be approved as a
APPLICATION FOR PERMISSIONS FOR DEVELOPMENT (ITEM 5)
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.
To consider an application for the change of use of former museum and tea rooms to form one dwelling at Station House, 1 Bridge Road, Prestatyn, LL19 7ER (copy attached).
application was submitted for the Change of use of former museum and tea rooms
to form one dwelling at Station House, 1 Bridge Road Prestatyn
General Debate –
A site meeting
had taken place on Friday 17 March 2023. Councillor Andrea Tomlin had been
present at the site visit. She informed members she had lived in the area for a
number of years and knew the site well stating it was an iconic character
property situated within a conservation area. The property had previously been
a residential property before its use as a tearoom. The property was situated
in an elevated position on Bridge Road. In her opinion although it was included
in Natural Resource Wales flooding maps, members should consider the character
of the property, the site the history of the area as part of its decision. She
stressed to members the importance of the area, it was part of a conservation
area. Members were to ensure preservation or enhancement to the area’s
character or appearance. in her opinion there was no reason to not allow the
property to become a residential property as it once had been. Councillor
Tomlin therefor proposed to grant
the application contrary to officer recommendation.
Alan James had also been present at the site visit and thanked officers for
their time. Councillor James seconded the proposal set by Councillor Tomlin.
Hugh Irving represented a neighbouring ward in Prestatyn
echoed the comments stated by Councillor Tomlin above. The thanked officers for
the pictures included in the application, stating they demonstrated the
character of the property clearly for members. He informed members that the two
most recent flooding in Prestatyn in 2001 and 1978 when
the sea defence broke did not reach the area where the property stood.
Merfyn Parry made reference to the flooding maps provided my Natural Resource
Wales. He stated members had to take consideration of the guidance. Members
acknowledged the risk to the property but stated it applied to the whole area,
both businesses and residential properties.
It was noted
that no physical changes to the property were being made within the
Development Manager confirmed consultation with the statutory bodies had taken
place. Planning officers took into account the comments received from Natural
Resource Wales when determining the recommendation. Natural Resource Wales
concluded a flood event in the area, the property would potentially be under
water by 0.6m. Members noted in the event of a flood, individuals would have to
be evacuated or rescued.
if officers had taken account of the history of the site, including if any
flooding had been observed at the site. In response to members concerns the
Development Manager confirmed the history of the site was taken into
consideration when looking at all material planning considerations for the
officer recommendation. Officers confirmed they had no evidence to suggest the
property had previously been flooded. The Development Officers noted the
comments including the need for housing in the County.
Tomlin provided her reasons for granting the application contrary to officer
recommendations for the following reasons;
had been built for residential dwelling of the station master. The property had
been used for residential use for the majority of the buildings existence.
property was within a conservation area
Officer commented that if flooding occurred at the area it would be tragic for
those that occupied the property but balanced against the devastation that
would occur more generally in the area would be fairly small.
Proposal - Councillor Andrea Tomlin proposed the application be granted contrary ... view the full minutes text for item 5.
To consider a report on the proposed revisions to Technical
Advice Note (TAN) 15: Development, flooding and coastal erosion (copy
The Lead Member for Local
Development and Planning introduced a report on the proposed revisions to
Technical Advice Note (TAN) 15: Development, flooding and coastal erosion
(previously circulated). She informed members TAN15
was National guidance issued by Welsh Government which must be followed by the
local planning authorities. It provided guidance on development in terms of
coastal and flood risks. The new TAN15 was out for consultation which was due
to close on the 17th April 2023. The report provided a briefing note
for all members on the New TAN 15 due to be in place later in the year. Members
were asked for their response to Welsh Government on the consultation. A draft
letter for Welsh Government had been attached for members’ comments.
Emrys Wynne expressed concerns on the Welsh Language. He suggested it could
potentially have an indirect effect on the Welsh Language. He asked if officers
could possibly include a statement on the possible indirect effects on the
Welsh Language. The Planning Officer thanked the Councillor for his comments,
she confirmed she would discuss the wording with the member outside the
Alan James proposed to support the proposal stated by Councillor Wynne. Councillor
Peter Scott seconded the inclusion of text on the indirect effect on the Welsh
Language. Members were in agreement for Councillor Wynne to submit suggested
Councillor Scott asked for reassurance that the proposed TAN 15 Defended Zone included rivers and coastal defences in the county. The Planning Officer confirmed the TAN 15 defended zones in the new flood maps for planning, looked at defended zones established to a certain level of defence. That could be for rivers or sea and they had to be maintained. It was stressed the defences had to be accepted by Natural Resource Wales, Welsh Government and Local Authority. Members heard the Natural Resource Wales flood map for planning was updated every six months. There was a process for members to challenge flood maps, any challenges were to be directed to Natural Resource Wales. Members heard following Natural Resource Wales accepting a proposed challenge, those details could be used to assess planning applications and in Local Development Plans. This amendment had been included in the revised version of TAN 15 in January 2023.
Members heard a Strategic Consequences Assessment was conducted regularly by the authority. Consultants reviewed the flood risks and feed back to include in the assessment. The Strategic Consequence Assessment was presented to Welsh Government for consideration when reviewing flood maps.
The Planning Officer stated the National Policy Landscape had changed. Included in the Future Wales 2040, the strategic plan for Wales was a policy which addressed flooding. Within the plan it included Rhyl and Prestatyn are allocated as regional growth areas. Supplementary to those policies was Planning Policy Wales and the Technical Advice Notes. It was stressed the importance of ensuring the Local Development Plan was in accordance to those documents.
The flood maps included in the revised note provided the most up to date information when considering planning applications.
The Lead Member guided members through the recommendations to the report.
For – 17
Abstain – 0
Refuse – 0
RESOLVED that the Planning Committee approve the letter responding to the TAN 15
consultation attached as Appendix1 to be submitted to Welsh Government.
APPLICATION NO. 45/2021/0516 - KYNSAL HOUSE, VALE ROAD, RHYL
To receive an urgent
report seeking nominations from Members of the Planning Committee to represent
the Council at the Hearings for application ref: 45/2021/0516
Kynsal House, Vale Road, Rhyl which had been called in by Welsh Government
for determination by Welsh Ministers.
On behalf of himself
and Councillor Diane King, Councillor Pete Prendergast requested to represent
the Planning Committee at the appeal.
Ellie Chard proposed to appoint the
two local members to represent the Council at the appeal hearing along with a
planning consultant and a highway consultant. Councillor Peter Scott seconded
Development Manager informed members a date would be set for the appeal following
the initial submission deadline of 31 March 2023.
For – 16
Abstain – 1
Refuse – 0
RESOLVED that Councillors Pete Prendergast and Diane
King represent the Council at the Hearings for application ref: 45/2021/0516
which had been called in by the Welsh Government for determination by Welsh
The Chair closed the meeting at 10.25 am.