Agenda item

To consider an application for development of 0.09 hectares of land by the erection of a rural enterprise dwelling, formation of a new vehicular access and installation of a septic tank (outline application including access) (re-submission) at Land at Tyn y Celyn, Clocaenog, Ruthin (copy attached).

An application was submitted for development of 0.09 hectares of land by the erection of a rural enterprise dwelling, formation of a new vehicular access and installation of a septic tank (outline application including access) (re-submission) at land at Tyn y Celyn, Clocaenog, Ruthin.

Public Speaker –

Ms. K. Anthony (Agent) (For) – argued that granting the application would create a sustainable future, employment opportunities and economic benefits.   Provided some background to the business enterprises operated by the applicants and disputed the findings of the Agricultural Consultant highlighting the need to house a manager on site in order to deal with out of hour emergency requirements.

General Debate – The Principal Planning Officer elaborated upon the planning policy context and key tests in order to assess rural enterprise dwelling applications which had been set out within the report together with the findings of the Independent Agricultural Consultant.  In summary the Independent Consultant believed that the application did not meet the requirements of the relevant tests in order to justify the grant of permission for a rural enterprise dwelling, in particular in respect of functional and financial need and the other dwellings test.

Councillor Eryl Williams (Local Member) spoke in favour of the application and elaborated upon the diverse business ventures operated by the family and subsequent local economic benefits which he believed would be further supported by granting the application.  He highlighted the harsh reality of operating a poultry business together with conflicting demands of the other businesses and argued that the family’s wellbeing and quality of life would be improved by sharing the responsibility for the poultry business with a resident worker on site.  No objections to the application had been received from the local community or community council and he urged members to grant the application.

Members were keen to support local families and businesses and carefully considered the material planning considerations and recommended grounds for refusal.  During deliberations it was considered that the Agricultural Consultant had failed to take into full account the applicants other businesses when assessing the key tests to be applied in this case, particularly given the heavy time demands and pressures arising from those other businesses, and that the business had been operating successfully for a number of years.  In addition members considered that the erection of a rural enterprise dwelling could address an affordable housing need and granting the application would benefit the local economy. Questions were raised regarding the possibility of imposing a condition to control occupation of the dwelling and clarification was sought regarding the intention for the outbuildings.

In response to members’ questions and comments officers –

·         drew attention to the planning policies and guidance applicable to applications of this type and the need to apply the key tests to ensure consistent decisions

·         confirmed it would be possible to impose a planning condition or S.106 agreement to control occupancy of a rural enterprise dwelling

·         advised that three of the outbuildings had been converted into holiday cottages.  In terms of available accommodation it was considered that the converted agricultural buildings could be made available for housing a worker.

Proposal – Councillor Huw Hilditch-Roberts proposed, seconded by Councillor Arwel Roberts, that the application be granted, contrary to officer recommendation, subject to planning conditions (including occupancy) to be agreed with the Local Member, on the grounds that full account of the applicants’ businesses had not been made during the assessment of key tests for Technical Advice Note (TAN) 6 and that the economic benefits to the area generally outweighed particular issues in relation to that TAN.

VOTE:

GRANT – 24

REFUSE – 0

ABSTAIN – 0

RESOLVED that permission be GRANTED, contrary to officer recommendation, subject to planning conditions (including occupancy) to be agreed with the Local Member, on the grounds that full account of the applicants’ businesses had not been made during the assessment of key tests for TAN 6 and that the economic benefits to the area generally outweighed particular issues in relation to that TAN.