Agenda and draft minutes
Venue: Council Chamber, County Hall, Ruthin
Contact: Committee Administrator 01824 706715 Email: democratic@denbighshire.gov.uk
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Additional documents: Minutes: There were no apologies. |
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DECLARATIONS OF INTEREST PDF 116 KB Members to declare any personal or prejudicial interests in any business identified to be considered at this meeting. Additional documents: Minutes: The following members declared a personal interest – Councillor Gwyneth Kensler – Agenda Item 6 – because she
worked closely with one of the owners of the dwelling subject of the
application Councillor Emrys Wynne – Agenda Item 7 – because he was a
friend of the family who had submitted the application Councillor Huw Williams – Agenda Item 8 – because he was a
friend of the landowner and his nephew worked for the
developer Councillor Julian Thompson-Hill – Agenda Item 11 – because
he was the Lead Member for Property and the land was in the Council’s ownership |
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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. Additional documents: Minutes: No urgent matters had been raised. |
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To confirm the accuracy of the minutes of the Planning Committee meeting held on the 16 January 2019 (copy attached). Additional documents: Minutes: The
minutes of the Planning Committee held on 16 January 2019 were submitted. Accuracy – Councillor Alan James had been omitted from ‘members present’. RESOLVED that, subject to
the above, the minutes of the meeting held on 16 January 2019 be approved as a
correct record. |
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APPLICATIONS FOR PERMISSION FOR DEVELOPMENT (ITEMS 5 - 11) - 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 publication of the agenda which
related to particular applications. In
order to accommodate public speaking requests it was agreed to vary the agenda
order of applications accordingly. Additional documents: |
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APPLICATION NO. 04/2018/1146/PF - GLASCOED, MELIN Y WIG, CORWEN PDF 6 KB To consider an application for demolition of rear extension and outbuildings, erection of extension and
alterations to dwelling at Glascoed, Melin y Wig, Corwen (copy attached). Additional documents: Minutes: An application was submitted for demolition of
rear extension and outbuildings, erection of extension and alterations to
dwelling at Glascoed, Melin
y Wig, Corwen. Public Speaker – Ms. C. Hibbert (For) – explained her family
circumstances and reasoning behind the application in order to further
modernise the dwelling to meet family needs and stay in the area. The intention was to reuse the existing
stones and slates for the new build and ensure it was in keeping with its
original appearance. General Debate – Councillor Meirick Davies expressed concern
regarding the loss of the building given its historical value and importance to
the village. It was noted that a
consultation response had not been received from local Community Council. Proposal – Councillor Tony Thomas proposed the officer
recommendation to grant the application, seconded by Councillor Ann Davies. VOTE: GRANT – 17 REFUSE – 1 ABSTAIN – 0 RESOLVED that permission be GRANTED in accordance with officer recommendations as detailed
within the report and supplementary papers. |
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To consider an application for erection of 38 dwellings, construction of a new vehicular access,
provision of open space and associated works at land adjoining The Old Rectory,
Llanbedr Dyffryn Clwyd, Ruthin (copy attached). Additional documents: Minutes: An application was submitted for the erection of 38
dwellings, construction of a new vehicular access, provision of open space and
associated works at land adjoining The Old Rectory, Llanbedr Dyffryn Clwyd, Ruthin. Public Speakers – Mr. B. Barton (Against) – submitted the report was misleading given that the area
allocated for public open space was outside the village development boundary;
disputed the sufficiency of the proposed commuted sum payable to equip the
proposed play area to the rear of St. Peter’s Church for which there was
currently no access, and sought deferment of the application. Mr. P. Lloyd (For) – highlighted the acute need for affordable housing and
merits of the application in providing a high quality, sustainable development. The scheme had been subject to extensive
discussions and various designs prior to this stage. There was no conflict with the Local
Development Plan including delivery of the public open space element which was
linked to the site with a commuted sum offer. General Debate – The Planning Officer (PG) clarified that the
housing element was contained within the allocated boundary but the site for
public open space was located outside of the boundary. If the number of dwellings was reduced to
allow for additional on-site open space there was a risk that the scheme would
not come forward. On that basis and
given there was no development beyond the development boundary, an agreement
had been reached with regard to open space provision and there was no conflict
with the open space policies of the Local Development Plan. The commuted sum payable had been calculated
by the Council and provided a contribution towards the cost of an equipped play
area for which other allocated sites within the community could also be making
contributions to ensure its delivery. Councillor Huw Williams (Local Member) spoke in
favour of the development which would help to ensure that the village continued
to thrive by meeting local needs and bolstering the local school and
economy. He also supported the proposal
for a play area to be located to the rear of St. Peter’s Church which would
provide a link to the centre of the village and the issue of access was
currently being addressed. Members welcomed the provision of affordable
housing in order to meet local needs which was a corporate priority and would
also help meet national targets. The
positive impact in terms of future sustainability and benefits to the area was
also acknowledged. In response to a
request from Councillor Merfyn Parry relating to condition no. 5 and highway
visibility, officers advised that this element would be considered as part of
the Construction Method Statement and they would ensure that access to the
highway was made safe at an early stage. Proposal – Councillor Mark Young proposed the officer
recommendation to grant the application, seconded by Councillor Bob Murray. VOTE: GRANT – 19 REFUSE – 0 ABSTAIN – 0 RESOLVED that permission be GRANTED in accordance with officer recommendations as detailed
within the report and supplementary papers. |
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APPLICATION NO. 42/2018/0923/PF - LAND OFF MELIDEN ROAD, DYSERTH PDF 6 KB To consider an application for erection of 61 no. dwellings, single and double garages, alterations to
existing vehicular access and associated works at land off Meliden Road,
Dyserth (copy attached). Additional documents: Minutes: An application for erection of 61 no.
dwellings, single and double garages, alterations to existing vehicular access
and associated works at land off Meliden Road, Dyserth. Public Speaker – Mr. S. Andrew (For) – explained the proposed development of part of the site
allocated for housing in the Local Development Plan which included 10%
affordable housing provision. There were
no adverse impacts of the development regarding visual and residential amenity
with acceptable drainage and highway terms.
The proposed development was also in accord with the Site Development
Brief. General Debate – The Chair had received an email from
Councillor David Williams (Local Member) who had met with the Highways Officer
to discuss highway issues. Councillor Williams had also raised concerns about
the Construction Management Plan which officers confirmed would be dealt with
at a later stage in conjunction with the Local Member. The Highways Officer directed members to the
report which contained comprehensive information regarding highway issues and
access to the site. It was proposed to
form a new access road onto the A547 Meliden Road
with the existing pedestrianised and cycle link forming part of the
access. The existing 40mph speed limit
would be moved by 40 metres north west of the proposed
access and visibility splays would be provided in accordance with TAN18. An Accumulative Transport Assessment had been
carried out taking into account the proposed development along with other
committed allocated and current planning applications in the area which showed
sufficient spare capacity on the local highway network to accommodate the
development. Consequently officers did
not consider there to be sufficient cause to refuse the application on highway
grounds. Councillor Peter Evans referred to the number
of pending housing development sites nearby and recorded his concerns regarding
the amount of traffic to be generated onto the A547 as a result, particularly
given the congestion already experienced in Meliden
at peak times. As Lead Member for
Highways, Councillor Brian Jones shared those concerns going forward and
highlighted the need to keep the matter under close review to ensure
sufficiency of the highway infrastructure given the anticipated increase in
traffic arising from future housing developments. In response to members’ further questions and
comments officers advised that – ·
the
application complied with Local Development Plan policies in terms of the
provision of a mix of dwelling types on open market schemes ·
the
comments of the AONB Joint Advisory Committee had been taken into account as
part of the assessment process ·
a 30mph
speed limit near the site entrance had been considered but the area had been
assessed as a 40mph zone taking into account the development – if the situation
changed the speed limit would be re-assessed ·
there may
be a need to change the timings of the traffic lights to accommodate the
development, which had been discussed with the Local Member ·
following
consultation with Welsh Water it was confirmed that odour and noise were not
considered an issue in this case. Proposal – Councillor Tony Thomas proposed the officer
recommendation to grant the application, seconded by Councillor Tina Jones. VOTE: GRANT – 18 REFUSE – 0 ABSTAIN – 0 RESOLVED that permission be GRANTED in accordance with officer recommendations as detailed
within the report. |
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APPLICATION NO. 23/2016/0557/PO - LAND ADJACENT TO DOLWAR, LLANRHAEADR, DENBIGH PDF 6 KB To consider an application for development of 1.2 hectares of land by the erection of 33 no. dwellings
(outline application including access and layout) at land adjacent to Dolwar,
Llanrhaeadr, Denbigh (copy attached). Additional documents: Minutes: The Vice Chair, Councillor Alan James took the Chair for
this item as the Chair, Councillor Joe Welch was the Local Member. An application was submitted for the development of 1.2 hectares of land by the erection of 33 no. dwellings (outline application including access and layout) at land adjacent to Dolwar, Llanrhaeadr, Denbigh. Public Speakers – Mr. E. Williams (Against) – objected to the application on behalf of the Community
Council on the grounds of drainage/flooding concerns; highway safety; negative
impact on the Welsh Language, and lack of capacity in the local school. It was submitted that the application would
have a negative effect on the local community. Ms. S. Edwards (For) – responded to issues raised including measures to address
highway concerns and drainage/flooding concerns with no objection from
statutory consultees. The site was
earmarked in Local Development Plan (LDP) for housing and Welsh language impact
was assessed at that time and considered acceptable – the development would
provide much needed housing and help grow the community. General Debate – Councillor Ann Davies reported upon the Site
Inspection Panel meeting on 8 February 2019 and sought further assurances
regarding highway safety and local flooding/drainage concerns. Councillor Joe Welch (Local Member) provided
some background to the application and it was noted that the site opposite was
currently being developed for 15 houses.
The indicative dwelling numbers in the LDP for the site opposite had
been 10 houses and 23 for the current application site, hence granting the
application would result in 15 and 33 houses respectively across the two sites
which was an increase of nearly 50% on the indicative allocation. Since adoption of the LDP, TAN20 had been
issued advising that applicants were no longer required to demonstrate the
impact on the Welsh language as it would have been assessed at allocation
stage. Councillor Welch argued that it
should be taken into account given that – (1)
circumstances
had changed significantly since adoption of the LDP with nearly 50% more
housing being proposed for the area (2)
the
application had been submitted in 2016 prior to the issue of TAN20, and (3)
the Community and
Linguistic Assessment provided by the applicant showed the development would
result in a decrease in the number of Welsh speakers from 50.03% to 49.1%,
leading to a majority Welsh speaking village becoming a minority Welsh speaking
village in a language sensitive area. Reference was also made to the validity
of the positive Welsh language comments given the nature of questions asked as
part of the assessment process. In making his case for refusal Councillor Welch
argued that Policy RD5 in the LDP should carry significant weight relative to
TAN20. Policy RD5 stated ‘development
could be refused if its size, scale or location would cause significant harm to
the character and language balance of the community’. Councillor Welch also agreed with other
considerations raised including the lack of capacity in the local school and
likely further pressures on school transport together with highways and
flooding concerns. However he proposed
that the application be refused on the grounds of significant harm to the Welsh
language which he did not consider had been suitably mitigated and had been
further increased since the inclusion of the site in the LDP. Councillor Emrys Wynne agreed that there would
be an unacceptable impact on the Welsh language and highlighted the need to
protect communities, particularly given the decrease in the number of Welsh
speakers generally. He advocated the use
of the proposed mitigation measures for the language for all new developments. Officers responded to the issues raised ... view the full minutes text for item 8. |
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APPLICATION NO. 01/2018/0992/PF - FORMER NORTH WALES HOSPITAL, DENBIGH PDF 6 KB To consider an application for change of use of land to a site construction training area, erection of
a building for use as workshop, plant repairs and storage; alterations to
existing access and associated works at former North Wales Hospital, Denbigh (copy
attached). Additional documents: Minutes: An application was submitted for change of use
of land to a site construction training area, erection of a building for use as
workshop, plant repairs and storage; alterations to existing access and associated
works at former North Wales Hospital, Denbigh. General Debate – Councillor Glenn Swingler (Local Member)
highlighted that the proposed route for HGVs was very narrow and a popular
walking area and therefore approval of the application would require
appropriate controls and ongoing monitoring during its temporary use. He also asked whether measures could be
implemented to address speeding concerns along Smithfield Road. Members considered the merits of the
application and noted that the application was for temporary consent. Councillor Gwyneth Kensler was keen to ensure
minimum impact on nearby residents given the proposed hours of operation and
considered appropriate security for the site to be a separate issue. With regard to the concern regarding noise
emanating from the site Councillor Merfyn Parry suggested that the restriction
on working hours only be applied to those activities likely to cause noise
nuisance. Councillor Mark Young agreed and reported that much work had been
done to allay residents’ concerns with most local people preferring the
proposed HGV route over other alternatives. Officers responded to members’ comments and
questions as follows – ·
condition
3 confirmed the construction training facility would cease no later than 31 December
2023 unless an extension had been approved by the Council ·
condition
6 aimed to ensure minimal impact on residents arising from noise disturbance
but a presence on site would also help with site security – it was agreed that
the condition could be amended in line with Councillor Parry’s suggestion to
restrict the operation of noisy activities on site ·
condition
13 ensured there would be no removal of hedgerows, trees, shrubs and climbing
plants without approval from the Council ·
the proposed route
had been used previously for the North Wales Connections Project and
Transformers Project and therefore was also considered acceptable in this case
with conditions relating to the provision of visibility splays and relocation
of the 30mph speed limit; the road would continue to be monitored. Proposal – Councillor Merfyn Parry proposed, seconded by Councilor Mark Young that the application be granted
subject to a change in wording to condition 6 to be agreed with Denbigh Members
regarding the imposition of a restriction on the hours of operation of
activities likely to cause noise nuisance to nearby residents. VOTE: GRANT – 19 REFUSE – 0 ABSTAIN – 0 RESOLVED that permission be GRANTED in accordance with officer recommendations as detailed
within the report and supplementary papers subject to a change in wording to
condition 6 to be agreed with Denbigh Members regarding the imposition of a
restriction on the hours of operation of activities likely to cause noise
nuisance to nearby residents. |
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APPLICATION NO. 15/2018/0968/PC - NORTH HILLS FARM, GRAIANRHYD, MOLD PDF 6 KB To consider an application for engineering operations to facilitate the erection of agricultural building
and associated works at North Hills Farm, Graianrhyd, Mold (copy attached). Additional documents: Minutes: An application was submitted for excavation
works and the erection of agricultural building and associated works (partly
retrospective) at North Hills Farm, Graianrhyd, Mold. General Debate – Councillor Martyn Holland (Local Member) supported
the application but expressed reservations regarding the amount of work already
carried out. In terms of background to
the application a previous planning permission had been granted for the
replacement of an existing agricultural building to provide holiday
accommodation – the applicant intended to erect another agricultural building
to replace the one lost. Councillor Holland advised that there was much activity on the site
which was subject to a number of applications and he felt it would be useful if
officers met with the applicant to understand and discuss his future plans for
the site which may allay the fears of local residents in that regard. Proposal – Councillor Julian Thompson-Hill proposed the
officer recommendation to grant the application, seconded by Councillor Andrew
Thomas. VOTE: GRANT – 18 REFUSE – 0 ABSTAIN – 0 RESOLVED that permission be GRANTED in accordance with officer recommendations as detailed
within the report and supplementary papers. |
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APPLICATION NO. 30/2018/0969/PF - LAND ADJACENT TO THE TREFNANT INN, TREFNANT PDF 6 KB To consider an application for erection of 13 no. affordable dwellings including access, parking and
associated works at land adjacent to The Trefnant Inn, Trefnant (copy
attached). Additional documents: Minutes: An application was submitted for the erection
of 13 No. affordable dwellings including access, parking and associated works
at land adjacent to The Trefnant Inn, Trefnant, Denbigh. General Debate – Councillor Ann Davies reported upon the Site Inspection
Panel meeting on 8 February 2019 when assurances had been provided in response
to highway safety concerns. She was also
keen to ensure that the local community benefited from the development and were
prioritised for affordable housing. Councillor Meirick Davies (Local Member)
highlighted the concerns of the Community Council but also acknowledged the
need for affordable housing. He asked
that the Housing Association enter into further discussions with the Community
Council regarding the development. In
acknowledging the highway concerns and mitigation measures he felt there may
also be merit in changing the timings of the traffic light signals to
accommodate the development. Members noted the previous planning history
relating to the site and the current position and also noted the procedure for
occupation of the affordable housing in terms of the SARTH process which placed
additional weight on local connections.
Whilst welcoming the provision of affordable housing, members were keen
to ensure priority was given to local need and discussed Councillor Merfyn
Parry’s suggestion that a S.106 agreement be used to secure that
provision. Given that Welsh Government
advised against the need for a S.106 agreement in such circumstances and that
the timescale for drawing up the agreement could potentially jeopardise the
development, officers suggested rewording condition 15 relating to affordable
housing in order to provide a greater level of assurance in terms of meeting
the needs of the local community.
Councillor Mark Young sought clarity over the education contribution
given that the local primary school was federated and officers confirmed that
the commuted sum in connection with the development would be ring-fenced for
the closest school. Proposal – Councillor Merfyn Parry proposed, seconded by
Councillor Meirick Davies that the application be granted subject to a change
in wording to condition 15 to be agreed with the Local Member regarding
compliance with affordable housing arrangements and local needs occupation. VOTE: GRANT – 19 REFUSE – 0 ABSTAIN – 0 RESOLVED that permission be GRANTED in accordance with officer recommendations as detailed
within the report and supplementary papers subject to a change in wording to
condition 15 to be agreed with the Local Member regarding compliance with
affordable housing arrangements and local needs occupation. The meeting concluded at 12.25 p.m. |