Agenda item

To consider an application for development of 0.51 hectares of land for the erection of 3 retail units and 20 residential units (outline application with all matters reserved) at Land adjacent to Magistrates Court, Victoria Road, Prestatyn (copy attached).

[Councillor Emrys Wynne declared a personal interest in this item because he was a Justice of the Peace in North East Wales and could be called to the bench in Denbighshire.]

An application was submitted for development of 0.051 hectares of land for the erection of 3 retail units and 20 residential units (outline application with all matters reserved) at land adjacent to Magistrates Court, Victoria Road, Prestatyn.

General Debate – Councillor Tony Flynn (Local Member) referred local residents’ concerns which primarily focused on (1) highway issues – parking and congestion, particularly in Windermere Drive, and (2) open space – local children used the existing green space as a general play area which would be lost.  Councillor Paul Penlington (Local Member) agreed, adding that there were valid highway concerns and the development would cause major difficulties.  He referred to traffic reviews undertaken the previous year which had identified issues for further consideration.  Further concerns were raised regarding the proposal for retail units which would have a detrimental impact on existing local business and employment.  Whilst there was no objection to the principle of a housing development there was a concern around the number of houses and impact on the local highway network and the development of retail units.  He asked that the application be modified to remove the retail element and ensure housing was better spaced out.

The Development Manager elaborated upon the planning context advising that it was an outline planning application relating to the principle of the development for a mixed use of housing and retail units.  The detail of the layout and size of properties and open space was not a matter for consideration at this time and would need to be subject to a separate application.  The planning policy supported local housing in the area and the county was in need of housing, particularly affordable housing.  Previous use and intensity of the site when it operated as a Police Station also had a bearing on the application.  The issue for consideration by members at this time was whether they agreed to the development in principle.  The Highways Officer reiterated that the application was in outline stage and whilst appreciating the concerns on the local highway network, detail of those reserved matters (including highways) would be agreed at a later date and covered by appropriate conditions.  Consequently he felt there were no highway grounds to refuse the application.

Members considered the merits of the application and Councillor Bob Murray sought clarity over the retail element of the development given the potential impact on local businesses.  Further questions were raised regarding the conditions to be imposed if the application was granted.  In response officers –

·         advised that competition and the impact on existing local businesses opposite the development site was not a material planning consideration and it was not possible for the committee to refuse the application on that basis or remove the retail element from the application

·         drew attention to the proposed condition limiting the retail floor space (condition no. 13) which was imposed on retail units outside of town centre development in order to protect town centre trade – however it was acknowledged that if members had concerns regarding the negative impact on the vitality and viability of the town centre given the lack of detail regarding the retail units in the outline application, it was a potential ground for refusal of the application

·         the green space referred to by Councillor Flynn had not been designated as open space in the Local Development Plan and was likely to be an informal area of open space given that children had access to the site and had played there historically.  The proposed development would be required to meet the Council’s policies and SPG in relation to provision for open space which would form part of the planning conditions (condition no. 8 as detailed within the report).

Proposal – Councillor Merfyn Parry proposed, seconded by Councillor Tony Thomas, that the application be granted in accordance with officer recommendation.  Councillor Bob Murray proposed, seconded by Councillor Ellie Chard, that the application be refused, contrary to officer recommendation, on the grounds that granting the application would result in a negative impact on the vitality and viability of the town centre.

VOTE:

GRANT – 12

REFUSE – 5

ABSTAIN – 0

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

[Councillor Julian Thompson-Hill took no part in the discussion or voting on the application as he had not been present for the duration of the item.]