Agenda item

To consider an application for demolition of existing dwelling and erection of a replacement dwelling, detached garage, amendments to existing access, landscaping and associated works at Mount View, Bryn y Garn Road, Henllan, Denbigh (copy attached).

An application was submitted for demolition of an existing dwelling and erection of a replacement dwelling, detached garage, amendments to existing access, landscaping and associated works at Mount View, Bryn y Garn Road, Henllan.

Public Speakers –

Mrs Pritchard (Against) – objected to the proposed development in terms of its size and scale being significantly larger than the current dwelling which would have an adverse impact on neighbouring property and street scene. Argued that the proposed dwelling would be overbearing and its protrusion would cause an unsightly view, casting shadows and restricting light on her adjacent bungalow.  It also compromised the local green agenda and there was potential contamination from landfill.  Raised concerns over noise, dust, vibration, disturbance etc. arising from the development and possibility the property was built on rock further exacerbating those issues and potential damage.

Mr Arwyn Jones (For) – explained his family circumstances and reasoning behind the application to provide a home large enough for his family within the locality.  There was no intention to cause upset and he reported upon the hard work to minimise concerns and compromises made in that regard such as moving windows to respect privacy and lowering the house.  The property was not excessive and was in character with the existing property and the current footprint would not increase dramatically.  All concerns raised by Henllan Community Council had been resolved and all necessary requirements satisfied to build the family home.

General Debate – Members carefully considered the report together with the cases put forward by the two speakers on this application and sought further clarification on a number of issues raised, in particular with regard to the ground conditions including potential contamination and land composition which might affect the development together with residential amenity concerns such as overbearing, overshadowing and loss of light.  Councillor Merfyn Parry noted the actions of the applicant to address the issues raised and being familiar with the location he considered it unlikely that there would be contamination from the former landfill site.  He proposed that the application be granted, seconded by Councillor Peter Evans.

The Development Control Manager responded to questions/comments as follows –

·         clarified that there was an existing property on the site which was in the development boundary and the application was for a replacement dwelling

·         relevant building regulations would need to be followed to carry out the development and checks made on ground conditions as part of that process

·         an additional condition had been proposed (detailed in the supplementary papers) requiring a Construction Method Statement outlining how the development would proceed which would help address some of the concerns raised around the control of noise, dust and disturbance etc. during construction

·         an additional condition (detailed in the supplementary papers) had also been proposed to ensure the risks associated with previously unsuspected contamination at the site were dealt with as appropriate

·         officers did not consider the proposals would have an unacceptable impact on visual or residential amenity and all other relevant planning considerations were being addressed and relevant planning conditions imposed where necessary

·         the proposal needed to be assessed as it was submitted and it would not be possible to impose a condition to move the dwelling to set it back in line with the adjacent bungalow as a means of addressing concerns in terms of overbearing

·         reiterated that officers had assessed the impact on neighbouring properties of the dwelling in relation to light, including reference to the 45 degree guide as detailed in the Residential Development Supplementary Planning Guidance, and did not consider there to be a negative impact

·         confirmed that the street scene sketch image included in the documentation was not a typical representation of the true colour scheme of the dwelling

·         in response to a subsequent question regarding the legality or otherwise of the Construction Method Statement (CMS) it was confirmed that an additional condition had been proposed for the submission of a CMS which was a legally binding document on the planning consent and officers would look to enforce the terms of it once it had been agreed in the event of any breaches.

Councillor Glenn Swingler (Local Member) had spoken to both public speakers regarding the proposal.  The applicant had made significant changes to his plans to address concerns and Councillor Swingler had no objection to the application given the conditions proposed and hoped there would be an amicable way forward.

Proposal – Councillor Merfyn Parry proposed that the application be granted, seconded by Councillor Peter Evans.

VOTE:

GRANT – 20

REFUSE – 0

ABSTAIN – 0

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

[Councillor Merfyn Parry left the meeting at this point.]