Agenda item

To consider an application for the erection of a rural enterprise dwelling, installation of a septic tank and associated works at The Warren, Bodfari (copy attached).

 

An application was submitted for the erection of a rural enterprise dwelling, installation of a septic tank, and associated work at The Warren, Bodfari, Denbigh.

 

Public Speaker –

 

Rod Waterfield (For) - The public speaker thanked the committee for being allowed to speak; the application was for a rural enterprise dwelling and not an agricultural dwelling; the site was 50 acres of land in the Wheeler Valley outside of Bodfari; it’s owned by a family trust, and dedicated to environmental, social, and community benefit for the next 125 years. The land was divided into two blocks, one was forty acres of woodland which has permissive public access and was part of the national forest for Wales, and was dedicated to social, environmental, and public usage. The other block was ten acres which was located at the top of the whole site, several organisations had use of the ten-acre block, they used a variety of machinery to conduct things such as environmental contracting, conducting a woodland skills centre, which was likely the largest in Wales, and they also ran courses for traditional crafts. There were roughly seventy courses held annually.

 

The public speaker highlighted that many organisations and bodies used the site for several events. A small pitch caravan site and 14 allotments were rented out; both were open all year round. 

 

There were also three polytunnels and a small unit with chickens and pigs at the site; wildflower plants for the local council’s biodiversity team were also grown; these both provided job opportunities; there was also a workshop where we made articles for the local community and environmental groups, principally the wildlife trust but also rescue and various other organisations 

 

General Debate – 

 

The chair allowed officers to draw attention to the report's key points before allowing the local members to discuss the application. Officers raised the main reason for refusal was due to Technical Advice Note 6 (TAN 6), “there was a clearly established existing functional need” Officers felt that from the details shared by the applicant, there was no functional need as there was no need for someone to be present at the site 24/7. Therefore, the officers felt that, fundamentally, the application did not pass TAN 6 tests.

 

Councillor Chris Evans (local member) challenged the officers' recommendation to refuse the application. He argued that the whole site was a boon to the community and assisted the most vulnerable and needed to be maintained; he argued that the need for presence at the site was due to security concerns, as the site had numerous pieces of expensive equipment, and having someone on site would deter any wrongdoing.

 

Proposal—Councillor Chris Evans proposed that the application be granted contrary to the officer's recommendation, seconded by Councillor Merfyn Parry. The reasons would be detailed before the vote.

 

Officers responded to the point with security, referring to TAN 6. Members would need to be satisfied that there were no other options regarding security at the site.

 

Councillor Merfyn Parry supported the points raised by Councillor Evans; he stated that all who use the site sing the praise of the facility and all that was offered with the site. Councillor Parry queried whether there were multiple reasons stated to show a fundamental need for the erection of a rural enterprise dwelling; officers said that if there were, it would be good to list them for the reasons for going contrary to officer recommendation.

 

Councillor Elfed Williams proposed deferring the application. He believed he did not have all the relevant information available to vote confidently on the matter, as he had heard strong arguments from each side of the debate.

 

Councillor Gwyneth Ellis seconded the proposal that the application be deferred until all the relevant information was presented so that members could vote confidently on the matter.

 

Vote – 

For – 9

Against – 10

Abstain – 0

 

The vote for deferral wasn’t passed, so the application discussion continued.

 

Members were concerned that if the application was granted, it could set a precedent for other similar applications to be granted. The chair and officers informed members that each application was based on its own material considerations irrespective of other similar applications.

 

Councillor Parry thanked the chair for allowing them to speak again. He suggested that if the application were granted contrary to officer recommendations, the dwelling would be removed from the site if the business attached to the application ceased to exist. Officers stated that conditions could be discussed later, either with the local member or by returning to the committee later; the committee agreed to discuss the conditions at a future meeting.

 

Before the vote, the chair allowed the local member, Councillor Chris Evans, to outline his reasons for going against the officer's recommendations. They were that the security options would not allow anyone to react promptly to matters if anything arose. The site was in a rural area, and it would require time to deal with any matter. For livestock welfare, having someone on-site would allow the animals at the site to have additional care, and lastly, having someone present would be additional well-being for those using the caravan site. The existing situation (which provided a beneficial use to the wider community) was not considered sustainable when the current owner/manager steps away from the business, and that a dwelling on the site for a site manager to reside in would help secure the future of the enterprise.  Following the reasoning, and the committee agreeing for the conditions to be discussed at a further meeting, these conditions would include the restrictions on the occupation of the facility for either a to be rural worker or retired rural worker and that the building would be removed from site if the business ceases trading.

 

Vote – 

For – 17

Against – 2

Abstain – 0

 

RESOLVED: that the application be GRANTED contrary to officer recommendation.