Agenda item

To consider an application for erection of agricultural dwelling at land adjacent to Bryn Ysguboriau, Llanelidan, Ruthin (copy attached).

An application was submitted for erection of agricultural dwelling at land adjacent to Bryn Ysguboriau, Llanelidan, Ruthin.

Public Speaker –

Mr. Huw Evans (agent) (For) – disputed that TAN 6 tests had not been met and suggested sufficient weight could be given to other considerations to grant the application without compromising guidance and policy documents.

General Debate – Councillor Hugh Evans (Local Member) spoke in favour of the application which would support a local family and business and impact positively on the community.  Technical Advice Note 6 (TAN 6) set out the considerations to be given to applications for agricultural workers dwelling applications, particularly in relation to key tests to be met, and he challenged and clarified the findings of the independent consultant’s report as set out within the main report as follows –

·         the report stated that the current dwelling was likely to be sold on the open market on retirement of the applicant’s father – this was not the policy of Nant Clwyd Estate who had not sold land for over forty years; the land would either be discussed with the existing tenant or let

·         functional test – the method of calculating the requirements did not consider all eventualities and realities of farming and did not provide a true reflection of how farmers conducted their business with no account given as to peaks and troughs, the father’s reducing input into the business, or the fact that the applicant also undertook contract shearing work to supplement the business

·         financial test – no consideration had been given to the applicant’s supplementary contract shearing work or his wife’s salary which was at odds with general practice; the method for calculating affordability was flawed, particularly when considering that 88% of farmers’ income was supplemented from outside income.  Assurance as to the viability of the business could also be taken from the supporting statement provided by the family’s accountants (included in the late supplementary papers)

·         other suitable and available accommodation – reference was made to the lack of new and affordable housing in the area.

Councillor Evans highlighted that TAN 6 provided guidance and was open to interpretation.  He argued that insufficient weight had been given to other considerations in the test criteria with flaws identified in calculating affordability and labour requirements.  No objection had been received and there was support for the application from the Community Council and local community.  Finally reference was made to the Council’s corporate priorities and granting the application would help with the ambition to support young people to live and work in the county.

Members were keen to support local families and businesses and further reference was made to the corporate priorities and the importance of the proposal to the local rural community and way of life which was a key theme of the Wellbeing of Future Generations Act.  In terms of the TAN 6 tests members agreed that the calculation methods did not fully take into account all considerations and realities of farming or income available to the applicant when assessing the future viability of the business.  Questions were raised regarding the imposition of conditions should the application be granted and the Development Manager confirmed the usual practice of agreeing a set of planning conditions and controls with the Local Member should members go against officer recommendation.  Members were reminded that officers were governed by the wording within the documentation and sought the expertise of independent consultants on such cases.

Proposal – Councillor Gwyneth Kensler proposed, seconded by Councillor Merfyn Parry, that the application be granted, contrary to officer recommendation, on the grounds that there were interpretations within TAN 6, as the relevant guidance on this particular issue of agricultural workers dwellings, for which weight should be given in the functional, financial and local needs assessment that in this case can be interpreted as accepting a dwelling in this location.

VOTE:

GRANT – 17

REFUSE – 1

ABSTAIN – 0

RESOLVED that permission be GRANTED, contrary to officer recommendation, on the grounds that there were interpretations within TAN 6, as the relevant guidance on this particular issue of agricultural workers dwellings, for which weight should be given in the functional, financial and local needs assessment that in this case can be interpreted as accepting a dwelling in this location.