Agenda item

To consider an application for the demolition of existing dwelling and outbuildings, erection of 133 dwellings, construction of internal estate roads, sewers, SUDS drainage and open spaces, strategic and hard/soft landscaping and ancillary works, in association with application 43/2018/0751 for new link road to Ffordd Talargoch (A547) at Land to the north, west and east of Mindale Farm, Ffordd Hendre, Meliden, Prestatyn (copy attached).

 

 

An application was submitted for Demolition of existing dwelling and outbuildings, erection of 133 dwellings, construction of internal estate roads, sewers, SUDS drainage and open spaces, strategic and hard/soft landscaping and ancillary works, in association with application 43/2018/0751 for new link road to Ffordd Talargoch (A547) at Land to the north, west and east of Mindale Farm, Ffordd Hendre, Meliden, Prestatyn.

 

Public Speaker –

 

Mr Bob Paterson (Against) – explained to the committee that the majority of local residents in Meliden did not want this development to be carried out, with 150 comments in opposition. The town council had also voted unanimously against the development. It was suggested that whilst housing was needed in the Meliden area, this need was for affordable housing and properties where renting was an option. The development was proposed to take place at the bottom of a hill in an area which was known to flood, and this caused major concerns for residents in the vicinity. The developers had produced a report which highlighted the flooding concerns, Waterco had been brought in by Denbighshire to review this and had highlighted a number of aspects, concluding that outstanding issues could be resolved at detailed planning stage of the application - which did not alleviate the concerns of residents. The site was also not considered to be accessible for those with disability.

 

Mr David Manley (For) – informed the committee that he would respond to the points raised by Mr Paterson. The concerns of residents were heard and understood, however the site was allocated in the Local Development Plan (LDP) and in 2017 Inspector Sheffield supported the principle of development of the site notwithstanding the strong feeling expressed against it. Housing land supply in the authority was 1.55 years against a minimum requirement for 5 years, which clearly highlighted the need for housing. A flood risk assessment had been undertaken and mitigation measures were proposed. Waterco and the Council’s lead flood risk officer had no objections to the proposals and outstanding matters could be resolved through imposition of conditions. In noting comments on accessibility, Inspector Sheffield had supported the previous application as the standards relating to gradients were not set in stone.

 

The Planning Officer reminded members of the context set by the original application, which had been refused at Committee in 2017 on two grounds (highway and flooding), and that this decision has been subject to an appeal which had been dismissed. The current application was a resubmission for the same number of dwellings (133), however there were two applications in front of members, one for the housing element and the other for a new link road to the site. The housing proposals included for 12 different dwelling types, mainly 2/3 bedroom houses, and 13 affordable units were to be provided. The applicants had confirmed willingness to meet relevant Education and Affordable Housing contributions.  The officer recommendation was to grant.

 

General Debate –

 

Councillor Peter Evans (local member) spoke against the application and expressed concerns over its impacts given the inadequacies of local infrastructure – in particular the highway network, and over the drainage implications, as there were concerns over flooding issues in this area. Questions were raised over Welsh Government’s (WG) position on the calculation of housing land availability figures and the approach to determining the education contribution, including the mechanism of securing extensions / alterations to Ysgol Melyd.

 

In debate, Members referred to the B5119 road, which was on the fringe of the development and was considered to be dangerous, and it was queried whether any assessment had been made of impacts on this highway. It was acknowledged that housing was needed but this was not considered to be an appropriate location. Attention was drawn to the presence of contaminated land and whether investigations had been undertaken into impacts on the development.  There was confusion over the submission of separate applications for the housing development and the link road to the A547.

 

The highway officer responded to highway matters raised by members. It was confirmed that the submitted Transport Assessment had been thoroughly reviewed by highway officers, and through discussions with the applicants and agents, there was sufficient information to allow full assessment of the application. It was recognised that the same basic proposals had previously been before planning committee and that permission had been refused, including on highway grounds, and that a subsequent appeal was dismissed on grounds relating to visibility and emergency access arrangements, which had now been addressed.  The Appeal Inspector had considered the highway infrastructure to be capable of safely accommodating the development. It was considered the highway network could accommodate the additional traffic generated, subject to conditions. Assessment of accident data did not show the highways were inherently dangerous for road users including pedestrians. It was considered with the likely proportional split of vehicle journeys, any increase in traffic on the B5119 would be negligible.

 

The Planning Officer responded to general questions raised, drawing attention to specialist consultee responses and offering interpretation / comment on points of detail. It was confirmed that Welsh Government was reviewing TAN1 and the methodology for calculating housing land supply figures, but based on the original formula, Denbighshire currently has a 1.5 year supply. The need to increase housing supply remains a Government and Council policy.

 

It was proposed by Councillor Merfyn Parry that a condition should be included on any permission requiring adequate investigation of contaminated land prior to any work being carried out on the site, which was seconded by Councillor Alan James.

 

Proposal - Councillor Peter Evans proposed refusal of permission. This was seconded by Councillor Merfyn Parry. Councillor Evans put forward the following grounds for refusal –

·         Inadequate infrastructure, in particular on the A547 (Councillor Brian Jones asked to add reference to the B5119)

·         Flooding implications

·         Impact on local amenities and the character of the village

·         Councillor Merfyn Parry proposed that contamination be added to the grounds of refusal.

 

In summing up, the Development Manager drew members’ attention to the need to consider the risks to the Authority in refusing permission without clear evidence to support the grounds of refusal, and commented on the proposed reasons as outlined.

 

Members subsequently accepted that the refusal should not include reference to contaminated land and impact on amenity.

 

A recorded vote was requested. 1/6 of the present members agreed to the recorded vote, which was as follows –

 

In favour of the recommendation to grant permission – Councillors Alan James, Christine Marston and Tony Thomas.

 

Against the recommendation to grant permission - Councillors Ellie Chard, Ann Davies, Peter Evans, Brian Jones, Tina Jones, Melvyn Mile, Merfyn Parry, Andrew Thomas, Joe Welch and Mark Young.

 

Councillor Gwyneth Kensler did not cast a vote as she arrived late to the committee.

 

VOTE:

GRANT - 3

REFUSE - 10

ABSTAIN – 0

 

RESOLVED – that permission be REFUSED contrary to officer recommendation on the grounds of inadequate infrastructure and flooding implications.