Agenda item

To consider a report providing officer guidance on suggested reasons for refusal on Planning Application Ref 01/2016/0374/PF for erection of 75 dwellings, together with associated roads, open space and related works at Land at Cae Topyn, off Old Ruthin Road, Ffordd Eglwyswen, Denbigh (copy attached).

A report was submitted providing officer guidance on suggested reasons for refusal on Planning Application Ref 01/2016/0374/PF – Land at Cae Topyn, off Old Ruthin Road, Ffordd Eglwyswen, Denbigh.

Planning permission for the development had been refused by the Planning Committee on 15 March 2017, contrary to officer recommendation, based on eight planning grounds.  The purpose of the report was to provide guidance on the strength of those reasons in order for members to make a fully informed decision as to the most appropriate reasons for refusal having regard to the costs of defending those reasons in the event of an appeal as well as the risks of possible unreasonable behaviour and an award of costs against the council.  Members were further advised that, in the event of an appeal, members of the public or others could put forward their own reasons for refusal and defend those.

Councillor Stuart Davies noted the extra information with regard to education contributions and calculations as detailed in the late supplementary papers but felt that capacity within portakabins/mobile classrooms should not be taken into account when calculating school places.  Officers referred to the calculation method and difficulties in predicting pupil numbers/school places and recommendation that, in the event of an appeal, the latest information be used to calculate the education contribution required at that time for the planning inspector to consider.  Councillor Huw Hilditch-Roberts also felt that including capacity in portakabins within those calculations was to the detriment of the authority and he asked that officers revisit the formula for calculating school capacity to be applied in future Site Development Briefs and to clarity maintenance contributions around school buildings.

Proposal – Having considered the merits of the potential reasons for refusal and the fact that other reasons could be put forward as necessary by others, Councillor Mark Young proposed that the application be refused on the grounds as recommended by officers in paragraph 4 of the report, subject to the addition of Highway Safety (including safe routes to school and pedestrian links) as a further ground for refusal as detailed in paragraph 2.3 of the report.  The proposal was seconded by Councillor Merfyn Parry.

VOTE:

FOR (THE PROPOSAL) – 24

AGAINST – 0

ABSTAIN – 0

RESOLVED that –

(a)       planning permission be refused for application ref 01/2016/0374/PF for the following reasons -

(1)  it is the opinion of the Local Planning Authority that the proposal would have an unacceptable impact upon the character and amenity of the area by virtue of its density, design, and scale.  The proposal is therefore contradictory to the adopted Site Development Brief ‘Residential Development – Brookhouse Sites, Denbigh’, LDP Policy RD1 ‘Sustainable Development and a good Standard of Design’ criterion i), iii), iv), v), xiii), SPG Residential Development, the Local Market Housing Assessment and Planning Policy Wales 9, and

(2)  it is the opinion of the Local Planning Authority that the proposal would result in an unacceptable impact upon highway safety as a result of:

·         introducing a significant number of additional vehicular movements to the locality which would exceed the capacity of the existing local transport infrastructure

·         not providing adequate parking facilities for St. Marcellas Church and Brookhouse Chapel

·         failing to improve pedestrian linkages with Denbigh Town which would result in not creating safe routes to school and

·         does not propose an adequate  means of mitigating the impact

The proposal is therefore contrary to the adopted Site Development Brief ‘Residential Development – Brookhouse Sites, Denbigh’, LDP policy RD 1 ‘Sustainable Development and Good Design’, criteria viii), SPG Residential Development, Technical Advice Note 18 ‘Transport’ and Planning Policy Wales 9

(b)       to seek any appropriate and relevant financial contribution (in liaison with relevant Officers at that time) towards education provision at any subsequent appeal should the applicant/appellant fail to unilaterally offer the requisite contribution at such an appeal.