Agenda item

To consider the planning conditions to be attached to planning permission 25/2018/1216 granted on 15 January 2020 in respect of Bwlch Du, Nantglyn, Denbigh (copy attached).

A report was submitted seeking a resolution on the planning conditions to be attached to planning permission 25/2018/1216 granted on 15 January 2020 in respect of Bwlch Du, Nantglyn, Denbigh.

The Planning Committee originally considered the Bwlch Du application in September 2019 when it was resolved to grant permission.  Following notice of a potential legal challenge to the lawfulness of the decision the application was reported back to Committee in January 2020 when it was resolved to grant permission and officers report back to the Committee with a draft list of conditions to be included on the Certificate of Decision for consideration and ratification.

The report set out a schedule of planning conditions which officers believed would be reasonable and necessary to attach to a planning permission.  Since publication of the proposed conditions officers had been in positive dialogue with the applicant’s representatives over the detailed wording of some of the drafted planning conditions.  As a result of those discussions officers had put forward suggestions for the revised wording of those conditions which had been detailed in the late supplementary information (blue sheets) in italic type with a brief commentary where relevant.  The applicant’s representatives had confirmed they had no issues with the amendments.  For clarity, and to ensure that members were satisfied with the wording of the conditions, it was agreed to consider each condition individually highlighting the proposed revisions together with the reasoning behind them.  In summary –

·         Conditions 1 & 2 – no changes proposed

·         Condition 3 – reworded to clarify the drafted wording of the condition and the timing of completion of the parking and turning area

·         Conditions 4 & 5 – no changes proposed

·         Condition 6 – reworded and split into two separate ecology conditions.  The rewording in Condition 6 clarified proposals in relation to the safeguarding of bats at construction stage.  The separate condition (now numbered Condition 7) set out the separate requirement for submission of details of reptile avoidance measures, and provision of bat friendly features within the development.

·         Condition 7 – new condition following the split of Condition 6 (above) into two separate ecology conditions.  This condition dealt with reptile avoidance measures and bat friendly features.

·         Condition 8 – a redraft of Condition 7 included in the officer report to secure an ‘end date’ by which the log cabin was to be removed together with a revision of the final clause to allow a longer period to restore the land to its previous condition.

·         Condition 9 – a redraft of Condition 8 included in the officer report to allow a longer time period to undertake the works to the barn structure following completion of the works on the dwelling.

·         Condition 10 – a redraft of Condition 9 to recognise trees growing within the footprint of the former barn which had to be removed.

·         Condition 11 – new condition to ensure there was no risk to the structure of the listed building in the course of constructing the extension.

Having considered the draft list of planning conditions and suggested revisions as set out by officers the Chair read out the officer recommendation on the late supplementary information sheets in that regard.

Proposal – Councillor Alan James proposed the officer recommendation to grant planning permission subject to the planning conditions presented, seconded by Councillor Melvyn Mile.

RESOLVED that the suggested revisions to conditions and the additional condition (no.11) as detailed in the late supplementary information (blue sheets) be accepted and attached to the Certificate of Decision for application 25/2018/1216, along with conditions 1,2,4 and 5 as drafted in the officer report to the Committee.

Other matters

At this point, and with the Chair’s consent, Councillor Tony Thomas raised an issue with regard to hidden charges imposed by developers on freeholders, such as maintenance charges for open space/playgrounds and approval of subsequent building work.  Officers accepted that it would be beneficial to have clarity around such issues and agreed to take the matter forward, however some issues were subject to private arrangements between the developer and home owner and as such were beyond the Council’s control.

Prior to the close of the meeting the Chair advised that Susan Cordiner, Team Leader – Places Team was attending her last meeting before retirement and he presented her with a bouquet of flowers as a token of appreciation for her wise counsel and valuable contribution to the Committee’s work.  The Principal Planning Officer (IW) also expressed his thanks on behalf of officers for her tremendous support and extended his best wishes.  In conveying her thanks for the kind words and flowers Mrs. Cordiner advised that she had been proud to work for the Council and wished everyone well for the future.

The meeting concluded at 10.15 a.m.