Agenda and draft minutes
Venue: the Council Chamber, County Hall, Ruthin
Contact: Committee Administrator 01824 706715 Email: democratic@denbighshire.gov.uk
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Additional documents: Minutes: Councillors Christine Marston, Bob Murray, Melvyn Mile, Peter Evans and Huw Jones. |
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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: Councillor Emrys Wynne declared a personal interest in agenda item 7 – as he knew the applicants personally. |
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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: None. |
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To confirm the accuracy of the minutes of the Planning Committee meeting held on the 11 December 2019 (copy attached). Additional documents: Minutes: The minutes
of the Planning Committee held on 11 December 2019 were submitted. RESOLVED
that the minutes of
the meeting held on 11 December 2019 be
approved as a correct record. |
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APPLICATION NO. 25/2018/1216 - BWLCH DU, NANTGLYN PDF 5 KB To consider an application for the alterations and rear extension to existing building, demolition of curtilage structure, erection of ancillary building, retention of log cabin (for temporary period), boundary fencing and gates, and provision of on-site parking and turning area (copy attached). Additional documents: Minutes: An application was submitted for alterations and a rear
extension to the existing building, demolition of curtilage structure, erection
of an ancillary building, retention of a log cabin (for a temporary period),
boundary fencing and gates, and provision of on-site parking and turning area
at Bwlch Du, Nantglyn, Denbigh. The Vice Chair, Councillor Alan James took the Chair for
this item because the Chair, Councillor Joe Welch was the Local Member. Public Speaker – John Litton QC
(Against) – represented Brenig Windfarm who objected the proposed
developments. He stated that the committee had three issues to consider. The first issue was whether
the existing building had lawful residential use. On this issue there were five
points. Firstly the appropriate way to resolve the issue would be for the
applicant to apply for a lawful development certificate. Secondly the site was enforced against in
2018 which resulted in a failed appeal by the applicant, the good sense of
applying for a certificate was referred to by the inspector who said ‘statute
has provided a means for legally determining or establishing the planning
status of land, a lawful development certificate’. No certificate exists, or to
his knowledge no application has been made. Following the site visit on Friday
it was noted that there had been further breaches to planning and listed
building control. Thirdly if the
applicant had applied for a certificate they would have had to support the
application by evidence including sworn statements. The inference which can be
drawn from the failure to apply is that they realise an application would
fail. Fourthly the fact that any residential
use of the building has been abandoned was the long held position of the
Council who have sought and received independent legal advice on the issue on
at least two occasions. Fifthly there is nothing before members including the
material submitted on behalf of the applicant which would allow them to
reasonably reach a different conclusion to officers. The second issue was
if the building does not have existing residential use, was the change of use
and other proposed development in accordance the Local Development Plan? The
correct position set out by officers in reports since July 2019 was that
granting permission for change of use and proposed developments would be
contrary to the local plan both in principle and because of the adverse
planning impacts on the visual and landscape character of the area, with the
ecology and the building as a listed building. It was would also have an impact
on the amenities of any future occupiers of the building because of the
potential noise from the nearby turbines. Very importantly granting permission
for any residential use, would likely curtail the operation of one or more of
the existing turbines, which would be wholly inconsistent with the critical
need to produce renewable energy to help address the climate emergency which
has been given so much recent media attention, therefore granting permission
would be contrary to the local plan, Planning Policy Wales and TAN8 for the
clear reasons given by officers. The third issue was
if the existing building has a lawful residential use, was the proposed
development in accordance with the development plan? Even if it was concluded
that any residential use of the building has not been abandoned, permission
should still be refused for the reasons given by officers. Mark Davies (For) - thanked the committee for the opportunity to speak. It was clarified that he was present whilst the item was discussed in September, and in his opinion Councillors did speak clearly and in a ... view the full minutes text for item 5. |
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APPLICATION NO. 20/2019/0884 - LAND ADJACENT TO BWLCH Y LLYN, PENTRE COCH, RUTHIN PDF 6 KB To consider an application for the development of 0.125ha of land by the erection of a detached local needs affordable dwelling and associated works (outline application - all matters reserved) (copy attached) Additional documents: Minutes: An application was submitted for the development of 0.125ha
of land by the erection of a detached local needs affordable dwelling and
associated works (outline application - all matters reserved) at Land opposite Land adjacent to Bwlch y Llyn,
Pentre Coch, Ruthin Public Speaker – Denise Baker (For) - informed
the committee that the family had been farming in the location for five
generations, and were a Welsh speaking family which have always supported the
local community, and continue to do so. The application was for a self-build
affordable need house, which was for a young member of the family who wished to
remain in the area and close to the family. The proposal was for a modest home
in harmony with the area’s character, and use of local construction material.
Given the exceptional nature of such a development it was acknowledged a design
sensitive to the area would be required. The proposed site of the development
was on land owned by the family and the concerns of consultees over the
development occurring in open countryside was understood. However the previous
house on the site could be taken into consideration. The previous dwelling was
called Waen Grogen, the
proposed site was a brown field site, which had no agricultural benefit. The
house could not be seen from any other houses, and additional screening could
be carried to lessen the visibility further. The applicants’ intention was to
allow future generations of the family to live in the property for the future.
However legal agreements could be put in place to ensure someone with close
ties to the area would live in the dwelling, as long as affordable needs
existed in the area. General Debate: Councillor Hugh Evans (Local Member) referred to six other applications
which were very similar to this, and they had been granted. The application
would allow a local Denbighshire resident to stay within the County, which was
a part of the corporate plan, the Welsh language would also be preserved in the
area. The average cost of houses in the area was in excess of £300,000 and
having affordable housing would allow a young member of society to stay in the
area. It was also highlighted that there was a shortage of affordable housing
in the rural areas. The proposal would also bring an abandoned house back into
use. The application did not pass some of the planning policies but did meet
the corporate priorities. If the application was accepted it would not set a
precedent across the county. Officers responded to the local member’s questions in
regards to policy BSC8 and BSC9 and the tests for these policies. In regards to
BSC8 the applicant had not provided evidence to demonstrate that allocated
housing sites were not likely to come forward within 5 years the site clearly
did not adjoin the development boundary of the village, which was 1.2km to the
west of the proposal. In regards to policy BSC9 the property would be developed
well away from the farm and would be in the open countryside. It was also noted
that the applicant was not in affordable housing need, based on standard tests
including income and savings, as assessed by Grwp Cynefin. Proposal Councillor
Tony Thomas, proposed the development be granted contrary to officer
recommendation as the development met the Council’s corporate plan, seconded by
Councillor Emrys Wynne. Members highlighted that the property would be developed on land which had no agricultural benefit and it was queried whether there was a previous property at the site and whether that it would have an ... view the full minutes text for item 6. |
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APPLICATION NO. 01/2019/0757 - GRAIG QUARRY, GRAIG ROAD, DENBIGH PDF 6 KB To consider an application for variation of condition 1 of planning permission 01/2009/1424/PS to allow continuation of extraction of permitted reserves (copy attached). Additional documents: Minutes: An application was submitted for Variation of condition 1 of
planning permission 01/2009/1424/PS to allow continuation of extraction of
permitted reserves at Graig Quarry, Graig Road, Denbigh. Public Speakers – Dr Susan Hewitt (Against)
– informed the committee that she resided in Pen y Craig and represented locals who were
affected by the activities in the quarry. The nearby homes were already damaged
due to the extraction at the quarry. It was raised that the blasting limits had
not been breached, however local residents had received information that the
measurements were being taken on grassed areas. It was also outlined that no
seismic recordings were taken from the surrounding houses. It was also stated
that a local builder had informed the residents of the surrounding area that
the houses build quality was poor, which made them more susceptible to damage
from the quarry. The committee were invited to the houses to experience the
shaking whilst blasting takes place. Sound noise pollution could be higher than
the average noise which could cause damage to ears and hearing of local
residents. Dust particles which would be circulated due to the quarry operation
was highlighted as a concern especially Particulate Matter (PM), which lodges
in bodies and can cause illnesses. The World Health Organisation stated that
there was no safe exposure level. The PM has detrimental effect on bodies and
health and wellbeing, as the particles did not disperse over distance and
therefore the whole of Denbigh would be affected. The particulate levels were
recorded in Denbigh on the high street, however no data was recorded nearby to
the quarry, therefore the data within the reports did not highlight the risks
to those who resided next to the quarry. There should be full health impact
assessment taken with the quarry, and she wanted the committee to realise the
risk to health the quarry would have on local residents and urged them to
reject the application. Malcolm Ellis (For)
thanked the committee for debating the application. The quarry would supply for
local needs. The development would have conditions which would alleviate any
negative effects on local residents. The quarry employed 16 local residents at
the quarry. The quarry spent £1.2 million into the local community and paid the
workers an average of 30% above of the minimum wage. There would be no increase
in traffic or the amount which would be extracted at the quarry, the
application was for an 8 year extension to the time permitted for extraction.
If the application was refused the materials would need to be sought elsewhere
which would have a larger carbon footprint than the current usage of the
quarry. In regards to blasting and concerns raised, the procedures were being
looked at and improved. Local residents were also invited to a presentation
which gave information on the blasting and how it was carried out. The quarry
would be willing to listen to concerns from local residents and continue to
increase the standards at the quarry. General Debate: Councillor Gwyneth Kensler (Local Member) informed the committee that the matter was a
complicated one. It was clear that the blasting had an impact on the
surrounding buildings as cracks had appeared. There was consultation meeting
organised by Breedon Southern Limited in Denbigh Rugby club on the 4th
December 2019 which discussed the physical extension of the quarry which would
be a separate planning matter. Since she had attended the consultation, the
effect of the quarry on local residents become apparent as the work started
again in 2016. Councillor Kensler highlighted the matter of the dust and especially ... view the full minutes text for item 7. |
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APPLICATION NO. 24/2018/0206 - PLAS LLANYNYS, LLANYNYS, DENBIGH PDF 6 KB To consider an application for the erection of a free range egg production unit including silos and associated works including access (copy attached). Additional documents: Minutes: An application was submitted for
the erection of a free range egg production unit including silos and associated
works including access at Plas Llanynys,
Llanynys, Denbigh. Public Speaker – Tom Jones (For) – Thanked the committee for the opportunity to speak. He
informed the committee that his was the third generation to farm at Plas Llanynys. Historically the
farm was a dairy enterprise however with the death of his father in 2003 the
farm had no one available to run it, and the cattle and equipment were sold.
After almost two decades re-establishing a dairy farm, this was economically
unviable. The new building proposed would maximise bird welfare, with
specialised equipment, the design would allow the birds to roam freely in the
surrounding area. A new building was required as the existing buildings were
designed to hold cattle. The dimensions of the proposed new build were
compliant with the requirements of current regulations and guidance and the
RSPCA, which regulate the amount of space each bird requires. The proposed
building had a 12% smaller footprint than a 32,000 bird unit, which were more
common. Given the size of the farm, the options to grow a sustainable farming
business were very limited, however by researching the free range egg industry
the applicant believed that this application was the best and most viable
option to bring the business out of stagnation. The application would boost the
local economy, providing full time employment for the applicant and at least
one part time job. The application would secure the farm’s future, which could
be passed down to future generations. The regulatory bodies did not object to
the proposal and the local community council were in favour of the application.
The proposed building was at the furthest point from other homes, which would
mitigate any impact on local residents. General Debate: Councillor Merfyn
Parry (Local Member) – informed the
committee that the application would allow a local farm to come back into use,
and commended the applicant and officers on the work which had been carried out
to mitigate local concerns with the application. Proposal – Councillor Emrys Wynne proposed the application be granted in
accordance with officer recommendations. Seconded by Alan James. VOTE: GRANT – 10 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. 12/2019/0912 - LAND OPPOSITE TY NEWYDD, CLAWDDNEWYDD, RUTHIN PDF 6 KB To consider an application for the development of 0.14 ha of land by the erection of 3 no. detached dwellings (outline application including access) (copy attached). Additional documents: Minutes: An application was submitted for the Development of 0.14 ha
of land by the erection of 3 no. detached dwellings (outline application
including access) at Land opposite Ty Newydd Clawddnewydd Ruthin. General Debate Councillor Eryl Williams (Local Member) advised there have been objections against the
application. There were highway concerns and residents did not want ribbon
development in the area. It was suggested that a kerbstone be included in the
proposal to allow bins to be put out without impeding onto the highway.
Attention was drawn to the detailing of the proposed development and the
entrances to the road. Members queried whether the development was in a flood risk
area. It was requested that a condition be included that the kerbing and street
lighting be implemented prior to any development. Officers responded with regards to the plan, the entrances
posed no concern to the highway officers. The matter of kerbing was covered by
condition 8 which was included in the report. Surface water would be contained within the
application site and would not have an effect on the highway. Proposal Councillor
Merfyn Parry proposed the application be granted in accordance with officer
recommendations, seconded by Councillor Emrys Wynne. VOTE: GRANT – 10 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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Information report by the head of planning and public protection on the Welsh Government Consultation on Changes to Planning and Related Application Fees (copy attached). Additional documents: Minutes: RESOLVED that the
Planning Committee note the content of the report. |