Agenda and draft minutes

There were no apologies.

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

Councillor Ellie Chard declared a personal interest in Agenda item 7 (Penisa'r Mynydd Caravan Park) as she had family who lived in the area nearby to the development.

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 had been raised.

To confirm the accuracy of the minutes of the Planning Committee meeting held on the 15 July 2020 (copy attached).

The minutes of the Planning Committee held on 15 July 2020 were submitted.

Accuracy –

·         It was highlighted that with agenda item 8 on page 37 the seconder for the proposal was not recorded.

·         Councillor Meirick Lloyd Davies highlighted that he was observing the meeting, however his presence had not been not noted.

RESOLVED that, subject to the above, the minutes of the meeting held on 15 July 2020 be received and confirmed as a correct record

To consider an application for variation of condition number 2 of planning permission reference APP/R68301 A/04/1170834 to extend opening hours to 07.00 to 20.00 Monday to Saturday and 09.00 to 17.00 on Sunday at Units 2A & 2B 18/20, Vale Road, Rhyl, LL18 2BU (copy attached).

An application was submitted for the variation of condition number 2 of planning permission reference APP/R68301 A/04/1170834 to extend opening hours to 07.00 to 20.00 Monday to Saturday and 09.00 to 17.00 on Sunday at Units 2A & 2B 18/20 Vale Road Rhyl.

At this juncture, the Development Control Manager clarified that public speakers were still not currently able to participate in these remote meetings but a written statement had been provided in favour of the application by Rhodri Williams. Work was underway to enable public speakers to participate at future meetings.

Written statement provided by Rhodri Williams (for):

Good Morning Chair and Councillors

My name was Rhodri Williams, I work for Mango Planning and we were the planning agents for Toolstation. This variation of opening hours application was on behalf of Toolstation. Toolstation units were usually seen within industrial estates and trade parks. However to meet the growing demand by private customers and small businesses for its goods, Toolstation has designed a new retail format for light side building supplies. If approved, it would be the first such store in Wales. Toolstation has confirmed that it would employ 8 full time equivalent staff at the unit. The majority of these jobs would be recruited locally.

The units were currently vacant despite numerous marketing campaigns by the landlord over the last 3 years. Following the Carphone Warehouse closure at the site during March of this year, the park was now 50% vacant. This has equated to the loss of a number of jobs in Rhyl where there was already an increasing rate of retail casualties and a significant number of vacant retail outlets. The recent Covid-19 outbreak has only amplified this.

Given the increasing number of vacancies in the park and the lack of onsite activity, this has led to numerous cases of fly tipping on site alongside antisocial behaviour. The vacant site now attracted rubbish and people dumping their waste on a regular basis. Allowing this application would therefore bring these vacant units back into beneficial use.

There were currently no opening hours restrictions for Unit 2A, the unit can open all day, every day. The opening hours for Unit 2B was restricted to 09:00 to 23:00 on any day. This application proposal offers an opportunity for the Council to reduce the daily and weekly operating hours at this unit.

There were currently no delivery restrictions for any of the retail units within the park, this application proposal offers and opportunity an opportunity for the Council to regularise the delivery hours and arrangements via the submitted Management and Operational Plan.

The Management and Operational Plan has been prepared with input from Council officers. This plan was a further mechanism of protecting residential amenity, the Toolstation workers and any 3rd party logistic operators would be bound by this plan. It was proposed to be continually enforced, monitored and reviewed by Toolstation throughout its tenancy.

In terms of customer vehicles, Toolstation only sell ‘light side’ building supplies which includes Power Tools, Screws, Electrical, Plumbing, Hardware, Fixings and Hand tools. There were no ‘bulk’ or ‘heavy side’ building supplies which would require an increased loading time or staff assistance to load customer vehicles. Customers only have access to the Sales Counter area. There were no alternative collection points for customers, all purchased goods were able to be transported, by the customer, through the customer entrance doors that face onto Marsh Road, where the majority of customers would park, especially in the mornings.

The officers have assessed the potential noise and residential amenity issue very carefully during this application process. The potential  ...  view the full minutes text for item 5.

To consider an application for the Operational development required in association with use of land as a caravan and motorhome club certified location / exempted caravan site comprising formation of a vehicular access, internal access tracks and hardstanding areas, drinking water tap, electricity hook up points, chemical toilet waste disposal facility with rinsing tap, wildlife pond and landscaping (partly retrospective) at Land Adjacent to Farmers Arms, Waen, Llanelwy, LL17 0DY (copy attached)

An application was submitted for the Operational development required in association with use of land as a caravan and motorhome club certified location/exempted caravan site comprising formation of a vehicular access, internal access tracks and hardstanding areas, drinking water tap, electricity hook up points, chemical toilet waste disposal facility with rinsing tap, wildlife pond and landscaping (partly retrospective) at Land Adjacent to Farmers Arms, Waen, Llanelwy.

Written statement provided by Mr Peacock (Against) –

My wife and I have lived at Bwthyn Arthur, Waen Goleugoed, since 2013 and our home was directly adjacent to the development site.

The main attraction in purchasing our home was the rural location with our home surrounded by agricultural land.

The proposed site had never been anything other than a small field; it had never been a garden/beer garden or picnic/dining area and it was outside the curtilage of the Farmers Arms itself.

Over the years we have lived here, the site had occasionally been cropped but generally left in a natural state.

Both national and local planning policies dictate that development in open countryside must be strictly controlled. This had been upheld by the planning inspectorate many times.

The applicants have not provided any evidence that the works carried out were justified or required.

The documents submitted by the applicants confirm that the proposed certificated location does not require the hardstanding track and pitches, embankments and electrical hook-up points, only a fresh water supply and facilities for waste.

The application and correspondence confirms the applicants have chosen to ignore the requirements of NRW who specifically state “Wastewater from chemical toilets must not be discharged to the environment or into private treatment systems.” with this being in bold and underlined.

The applicants claim that they will tell visitors to use biodegradable products but NRW’s response does not state “The applicants can make a judgement as to what visitors have in their chemical toilets”.

Putting such chemicals into a private treatment system will kill the bacteria, which clean the waste, resulting in untreated sewage entering the environment.

I would question how the applicants, with their history of running cafes, propose to test the chemicals held in the toilets of any visiting vehicles?

Having had only two requirements, water and waste, the applicants have chosen to disregard the legislation for one of them.

The additional works carried out at the site have made the former paddock unrecognisable; not the low impact site for which the Caravan and Motorhome Club were able to grant a certificate.

Approximately 400 square meters (20% of the site) of land was dug out, filled with hard core and overlaid with road placings (recycled road surface, tarmacadam) which were then rolled/compacted.

Some of this area had subsequently been turned over, meaning that recycled road plantings have effectively been buried on the site.

Other areas have been banked, and planted with non-native trees, shrubs and some flower beds.

The layout of the site now means that three of the five pitches, on which caravans may be parked, were within approximately twenty feet of our garden and thus the development works to which the retrospective planning application relates will have a direct impact on both the visual amenity and residential amenity of our property.

The application contains many incorrect statements and omissions: The site was not on the B5429 (which was over a mile from the site, Rhuallt to Tremeirchion) but the C52 which was a narrow minor road with no centre white line

Vehicles entering and leaving the site will dangerously be on the wrong side of the road between  ...  view the full minutes text for item 6.

To consider an application for the Deletion of Condition 8 of Planning Permission 47/2003/0132 and deletion of Condition 7 on Appeal Decision APP/A/03/1117348 to allow for an extended 12 month all year round holiday season at Penisa'r Mynydd Caravan Park  Caerwys Road Rhuallt  St. Asaph (copy attached).

An application was submitted for the deletion of Condition 8 of Planning Permission 47/2003/0132 and deletion of Condition 7 on Appeal Decision APP/A/03/1117348 to allow for an extended 12 month all year round holiday season.

General Debate

Councillor Christine Marston (local member) advised members of the background to this application. The application was intended to allow people to use the caravan site throughout the year. The local member felt that this would have a detrimental effect on local residents’ amenities. One of these was noise pollution as the site would be occupied throughout the year meaning the local residents would not get a respite from the sound. It was also outlined how the hedges around the site were not mature and therefore didn’t mitigate the visual impact of the site for the local residents. Another concern was people staying at the site all year round, and the difficulties the Council would have in trying to prevent this. Councillor Marston also outlined that the road to the caravan site was of poor quality and was likely to get worse.

Cynnig - Cynigiodd y Cynghorydd Christine Marston y dylid gwrthod y cais ar sail yr effaith ar drigolion lleol trwy lygredd sŵn a'r effaith ar fwynderau gweledol gan nad oedd y gwrychoedd ar y safle yn gallu sgrinio'r effaith. Eiliwyd gan y Cynghorydd Mark Young.

Councillors agreed with the local member as they had concerns about whole year occupancy of the caravans and how the Council would be able to enforce any breaches. It was highlighted that the site was visible from the AONB and it was queried whether additional conditions could be included to reduce the lighting on the site.

Officers responded to the points raised by the committee, reminding members that the site was an existing caravan site and had existing conditions in respect of landscaping and lighting. There was strong support by the Welsh Government to try and support tourism throughout the year as it was vital for the economy. The officers clarified for members that it was possible to add a condition which would require the owners to keep a record of those using the site, and allow council officers to view the records.

Officers also acknowledged that although there were instances in the county of permanent residency on holiday caravan sites, work was also being carried out to address this.

Proposal - Councillor Gwyneth Kensler proposed the application be granted in accordance with officer recommendation, SECONDED by Councillor Alan James

Vote –

 For – 8

Against –8

Abstain - 0

The vote was tied, therefore the chair cast the deciding vote, and voted for the application in accordance with officer recommendations.

RESOLVED that permission be GRANTED in accordance with officer recommendations as detailed within the report and supplementary papers.

The meeting concluded at 11:54am.