Agenda item

To consider an application for the Erection of a rural enterprise dwelling, installation of a package treatment plant and associated works at North Hills Farm, Graianrhyd, Mold (copy attached).

An application was submitted for the Erection of a rural enterprise dwelling, installation of a package treatment plant and associated works at North Hills Farm, Graianrhyd, Mold.

Public Speaker –

Simon Garret (For) – thanked the committee for the chance to speak; Mr Garret informed the committee that he lived at the farm alongside his wife and family and built up the farm from scratch over twelve years. They ran a unique business of raising reindeer, growing Christmas trees and holiday accommodation. There was an application for rural enterprise dwelling to allow the family to continue to live and work with the reindeer, as they require 24/7 attention.

There have been extensive discussions between the applicant and planning officers; the functional requirements had been met, and the time test has also been satisfied to run the enterprise. The enterprise was financially viable to fund the development of the new property on site and maintain the business; however, officers have recommended refusal due to Planning Policy Technical Advice Note (TAN6). The family home was sold to invest in the business to allow it to grow into the future. The applicant had no intention to manipulate the planning system; they only wished to safeguard their family and the farm's future. North Hills Farm was a visitor attraction and brought an economic boost to the local community; there were also educational factors to the enterprise. It would not be possible for the business to continue without the family living at the site.

General Debate –

The chair invited those who attended the site visit to have their say on the application following the visit.

Councillor Merfyn Parry thanked the chair for the opportunity to speak. When visiting the site, the site had good work throughout; however, he felt that there were multiple aspects of the site which seemed unauthorised or uncontrolled. Councillor Ellie Chard, who also attended the site visit, agreed with the comments raised by Councillor Parry.

Councillor Terry Mendies (local member) stated he could not support the application; the local community were against the application. He believed the applicant was trying to circumvent planning law; they had sold their house and resided in temporary accommodation for six years. He stated that the only reason the application was being discussed at the planning committee was due to the enforcement notices at the site.

Proposal – Councillor Terry Mendies proposed the application be refused in accordance with officer recommendations, seconded by Councillor James Elson.

Following member queries regarding the other buildings at the site, officers stated that multiple cases were ongoing; however, they reminded members to focus on the application and the matters concerning it.

Members queried why reindeer needed twenty-four-hour care and whether the care was different to other livestock. Members also sought clarification as to why selling the property to fund the business breached the planning policy. In response, planning officers clarified that reindeer would need the same care as other livestock; Officers also explained that the key element of non-compliance with policy and guidance was in relation to the selling of the rural dwelling by the applicant back in 2017. The applicant has then created a need for a second dwelling in a rural location which goes to the heart of the rural restraints policies which seek to protect the open countryside from unnecessary development. Officers clarified the usual method was to develop the business around a pre-existing properly.

Councillor Huw Hilditch-Roberts stated that he could not support the application as it stood; however, he felt that if the application were submitted as a whole site application, it would have more merit and, as a whole, would be a more robust application.

The committee stated that the decision with the application would be difficult as it would impact the local family; however, they understood they needed to look at the application with material considerations being a deciding factor.

VOTE –

For – 15

Against – 0

Abstain – 0

RESOLVED that the planning application be REFUSED in accordance with officer recommendation.