Agenda item

To consider an application for the development of 0.75 ha of land for residential purposes (outline application including access) at Bod Haulog, The Roe, St Asaph (copy attached).

An application was submitted for the development of 0.75 ha of land for residential purposes (outline application including access) at Bod Haulog, The Roe, St Asaph.

Public Speaker –

Gwyn Davies (For) – The public speaker highlighted that the single issue with the application was flood risk. Natural Resources Wales’s (NRW) response to the Council was based on their interpretation of Technical Advice Notes (TAN15) that were unreasonable and extreme. The public speaker highlighted that NRW had ignored a vital section of the application’s flood consequence assessment.

Mr Davies said that there were two elements to flood risk. One was flood risk on sites. The areas within the proposed development would be raised where necessary, so if a breach were to occur, all the dwellings would remain flood-free. The second element was the flood risk on other dwellings due to the development. Flood modelling demonstrated if new buildings obstruct flood water flow, which would lead to deeper flood water elsewhere.

The public speaker stated that the response from NRW only commented on half of the report from the applicant. The public speaker stated that NRW’s objections were based entirely on one flood risk analysis, which was whether the site was a greenfield site with no boundaries. However, by that assessment, any developments would cause a higher risk of floodwater. The public speaker highlighted that the proposed application was on a brownfield site and boundaries already existed. The pre-existing walls would already impact any flooding. However, the application would remove some areas of the wall, which would cause the flood levels elsewhere to drop. The boundary wall on the site, were present during the 2012 floods, proved their integrity. 

General Debate –

The chair invited members of the committee who attended the site meeting to speak before the local member.

Councillors Christine Marston and Ellie Chard were both committee members who attended the site meeting. Both agreed that the site meeting was essential to realise the size of the site and the geography.

Councillor Peter Scott (local member) thanked the chair for the opportunity to speak. The proposed application was for a development on a brownfield site; from a local standpoint, there had been only six objections to the application. There was a demand for housing for younger people in the community. The information shared by NRW looked at the matter, as if the flooding defences would to fail, and if the stance was taken with all applications in the area, they would all be refused. Councillor Scott highlighted that Denbighshire’s planning committee had gone against NRW’s recommendations previously. The applicant had shown flood mitigations within the plans.

Proposal – Councillor Peter Scott proposed the application be granted contrary to officer recommendations, as the identified flood risks would be mitigated through the application. Councillor Brian Jones seconded the proposal.

The officers responded to the raised points and praised all who spoke on the matter. The local member had highlighted the benefits of the application. However, the fundamental issue with the application was whether the development could increase flood risk to those who were already living in St. Asaph. Officers stressed that this was the clear guidance from NRW on the matter and that, on balance, Officers had to recommend refusal on that basis. The officers reminded members that, should they wish to go against their recommendation, they would need to provide clear reasons. Should this happen, conditions could be imposed on the development and agreed with the local member.

VOTE –

FOR – 17

AGAINST – 1

ABSTAIN – 0

RESOLVED that permission be GRANTED contrary to officer recommendations detailed within their report.