Agenda item

To consider an application for erection of a replacement dwelling, detached garage and associated works at Tan y Graig, Maeshafn, Mold (copy attached).

An application was submitted for the erection of a replacement dwelling, detached garage and associated works at Tan y Graig, Maeshafn, Mold.

Public Speaker –

Ms. B. Smith (For) – explained her family’s links to the area and reasoning behind the application to meet family needs and stay in the area whilst also providing a self-sufficient dwelling fit for the future which was also economically viable.

General Debate – Councillor Martyn Holland (Local Member) spoke in support of the application which would enable a young family to remain in the area and contribute positively, encouraging a thriving community.  The new property would meet all environmental challenges and complement its neighbouring properties.  In referring to the relevant policies and guidance Councillor Holland argued that the tests had been met in relation to Local Development Plan Policy RD4 given that –

(i)            the building had a legal use right as a dwelling although it had not been lived in recently and the outbuildings had deteriorated

(ii)          the building was not listed and had been subject to various additions which added very little character to the area – Clwyd Powys Archaeological Trust had no objection to the application providing a record of the building was made prior to its demolition, and

(iii)         the dwelling was unsound and inefficient and he reported upon the inadequacies of the existing building and significant works required identified within the structural inspection report making the project financially unviable.

In closing Councillor Holland added that Llanferres Community Council and Maeshafn Community Councillors supported the application and the main concerns of the immediate neighbours related to maintenance of the public footpath which the applicants had agreed to address.  [The report noted a consultation response from Llanferres Community Council was still awaited].

During debate members considered the merits of the application and interpretation of the policy tests as put forward by officers, the local member and public speaker.  Councillor Emrys Wynne was persuaded that a compelling case had been made to grant the application, particularly given the opportunity to build a new fit for purpose property set back from the road with no strong case in terms of historical importance of the dwelling.  Councillors Merfyn Parry and Julian Thompson-Hill also spoke in favour of the application considering there to be no undue loss to the local environment with the building being in keeping with the mixed nature of properties.

Officers referred to the Policy RD4 tests applicable in this case and confirmed that the building had legal use rights as a dwelling in accordance with RD4(i).  Having regard to the views of Natural Resources Wales and the AONB Committee officers had considered the existing dwelling made a valuable contribution to the character of the local area and therefore failed to comply with RD4(ii) and only partially complied with the criteria for RD4(iii) given that the building was structurally sound, albeit in poor condition, with the potential to be restored.  Whilst respecting the merits of the arguments put forward, given the Council’s commitment to retaining buildings of character or merit in the countryside, officers had recommended that the application be refused.

Proposal – Councillor Emrys Wynne believed that the policy tests in relation to Policy RD4 had been met and the proposals were acceptable having regard to all relevant policies and guidance.  On that basis he proposed, seconded by Councillor Merfyn Parry, that the application be granted and that officers liaise with the local member with regard to planning conditions to be applied to the consent.

VOTE:

GRANT – 12

REFUSE – 2

ABSTAIN – 0

RESOLVED that permission be GRANTED, contrary to officer recommendation, on the grounds that the proposals were acceptable having regard to the relevant policies and guidance, and that officers liaise with the local member with regard to planning conditions to be applied to the consent.