Agenda item

To consider an application for the erection of  a restaurant with drive thru facility, car parking, customer order displays, child's play area, landscaping and associated works and formation of new vehicular access at land at former,The Crown Bard, Ffordd Derwen, Rhyl, LL18 2RL (copy attached).

 

 

An application was submitted for the erection of a restaurant with drive thru facility, car parking, customer order displays, child's play area, landscaping and associated works and formation of new vehicular access at land at former, The Crown Bard, Ffordd Derwen, Rhyl, LL18 2RL.

 

Public Speaker –

 

Mr Phil Usherwood (For) – provided some feedback on the 2-year application process, confirming communication with a number of officers had resulted in the well-considered scheme and application presented to members. The consultation with the statutory consultees and local ward members had enabled the applicant to evaluate numerous aspects of the proposal. He highlighted some of the improvements he felt had been made to the scheme. The speaker outlined the close working with Natural Resources Wales (NRW) in order to overcome any flood risk and drainage concerns.  The introduction of a flow controlled chamber, 4-meter maintenance strip and new flood basin as designed and approved with Natural Resource Wales would make a positive impact. The access into the site had been designed carefully with highway safety in mind and all efforts had been made to reduce any impacts from noise and disturbance on nearby properties.

Members were informed that work with ecologists and tree officers had been established to discuss the removal of trees to allow for the flood mitigation measures, the speaker confirmed trees would be reintroduced across the scheme to replace those removed.    

It was stated highways had welcomed the improvement to the roundabout and suggested the development would not have an unacceptable impact on the junction.

To conclude the speaker confirmed the site would benefit from 7 litter bins and members of the team complete numerous daily litter picks within a 150m radius of the restaurant. McDonalds supported schemes such as keep Wales tidy to promote better behaviour.

 

The Chair reminded members to focus on the relevant material planning issues related to the proposed development. Members were directed to the extra information provided on the late information sheets.

 

General Debate -  Councillor Ellie Chard (Local Member) stressed this area of Rhyl was surrounded by numerous homes. Cllr Chard stressed her concerns about the height and impact of the proposed lighting columns and advertisement board. It was also noted the price of houses in the area would decrease if the proposal was accepted. She stated the trees at the site had served as a barrier from the noise and light pollution of the near- by retail park. The Local member stressed concern on the exit/ entrance of the restaurant. Concerns for pedestrians walking and crossing the road were highlighted. Access for emergency services to the site was another concern. Councillor Chard highlighted the national obesity concern, with residents and visitors likely to consume the fast food on offer. The need for another food retailer in the area was questioned.

Councillor Ellie Chard proposed that the application be refused contrary to officer recommendation, seconded by Councillor Mark Young.

 

Councillor Jeanette Chamberlain-Jones (Local Member) thanked members for the opportunity to speak against the officer recommendation. Cllr Chamberlain-Jones stated that she spoke on behalf of the residents who had concerns and objections about the proposal. It was felt if the application was successful the usual quiet neighbourhood would be noisy and busy with traffic and food orders.

Members heard the concerns around individual’s health and the pressure it would put upon the NHS. Councillor Chamberlain-Jones reaffirmed the concerns raised by Councillor Chard with the increase in traffic and access to the potential site. The cost to Denbighshire with regard to litter was also a concern. It was felt that the site application was in the wrong place.

 

Members were reminded by the Development Control Manager that the application had to considered against the relevant policies in the LDP and any other material planning issues and have an evidence base for reasons for refusal. It was confirmed the application site was close to an existing busy retail park and the previous use of the site had been for commercial use. It was stressed the prices of houses in the area for sale was not a material planning consideration.

Confirmation that all the technical experts had no objections to the development was stressed. 

 

Members carefully considered the report and additional information that had been produced to accompany the application. Members sought further reassurance that all had been explored in relation to previous flooding at the site. Members asked for clarification that consideration to the increase in traffic took account of both the nearby retail park and the car boot sale field. Councillor Brian Jones asked for information on the Well-being of Future Generations (Wales) Act 2015, what consideration had been made to local residents. 

 

Councillor Tony Thomas confirmed the site was a brownfield site, with the trees on site not of great quality. He was reassured that the Denbighshire tree officer had reviewed the removal of the trees at the site. He agreed with members that the traffic at the area was an issue, but felt it would not be an added burden at peak times. It was the opinion of Councillor Thomas the creation of 60 jobs in the area would be beneficial to local residents. He proposed the application be granted in accordance with officer recommendation, the proposal was seconded by Councillor Peter Scott.   

 

The Development Control Manager and Senior Engineer- Development Control officer responded to questions/comments as follows – 

·         It was accepted the previous pub/ restaurant may not have been as busy as the proposed new restaurant. Clarification was provided that both the previous pub/restaurant and the proposed drive thru restaurant fall under the same planning use class.

·         As part of the application, the applicant had proposed mitigation and betterment of the existing surface water drainage system.

·         All the technical evidence associated with this application stated the proposed development would improve the existing flood risk situation.

·         Confirmation was provided by officers that all planning application recommendations have regard to the Well-Being of Future Generations legislation.  

·         Confirmation that the Traffic, Parking and Road Safety Manager had reviewed the application thoroughly. Part of the development had included the improvement of the approach to the roundabout to provide two lanes in addition to minor alterations to the road markings to the approach to the roundabout. With these improvements proposed the transport modelling shows the proposal would be able to operate with sufficient capacity. The local retail and market at the area would have been taken into consideration when modelling the layout.

 

During further discussion Councillor Ann Davies asked for clarification on the raised flooring of the building. In response the officers confirmed the previous establishment had been a two storey building the proposed development was a single storey development. The height of the proposed building and proximity of the site to residential dwellings and retail park had all been included in the planning assessments.

Councillor Mark Young asked if the SUDs scheme had been signed off. He also requested clarification if the Authority had a cap on the amount of takeaway restaurants in the area. The Development Control Manager stated the Sustainable Urban Drainage process had begun and was fairly advanced in the approval process. The process for this was separate to the planning process. There was nothing specific within the current Local Development Plan that made reference to a threshold of takeaways in a given area.

 

To conclude Councillor Jeanette Chamberlain-Jones (Local Member) confirmed jobs in Rhyl were welcomed. It was her opinion the proposed development was in the wrong place and consideration was needed to the local residents.

 

Proposal – Councillor Ellie Chard proposed the application be refused contrary to officer recommendation. The reasons given were the concerns for highway safety with the exit/ entrance to the site, the impact of the development on the residential amenity of neighbours due to increased noise and disturbance, the negative impact on ecology and biodiversity and impact on health. This was seconded by Councillor Mark Young.

 

 

Vote –

Grant –  8

Abstain – 0

Refuse – 7

 

RESOLVED that permission be GRANTED in accordance with officer recommendations.