Agenda, decisions and minutes

Venue: Council Chamber, County Hall, Mold CH7 6NA

Contact: Tracy Waters 01352 702331  Email: tracy.waters@flintshire.gov.uk

Items
No. Item

51.

Declarations of Interest

Minutes:

Councillor Ray Hughes declared a personal and prejudicial interest in the following application as he was a School Governor:-

 

Agenda item 6.3 – Outline application - Erection of 19 dwellings at Ty Carreg, Stryt Isa, Hope (053445)

 

Councillor Derek Butler declared a personal interest in the following application because he was on the board of the Area of Outstanding Natural Beauty:-

 

Agenda item 6.7 – Full application – Change of use from agricultural storage area to residential and erection of 1 no. dwelling at Ffordd y Waen, Nannerch (053293)

 

52.

Late Observations

Minutes:

The Chairman allowed Members an opportunity to read the late observations which had been circulated at the meeting.

 

53.

Minutes pdf icon PDF 123 KB

To confirm as a correct record the minutes of the meetings held on 24th June 2015 and 22nd July 2015.

Additional documents:

Decision:

That the minutes be approved as a correct record and signed by the Chairman.

 

Minutes:

The draft minutes of the meetings of the Committee held on 24th June 2015 and 22nd July 2015 had been circulated to Members with the agenda.

 

RESOLVED:

 

That the minutes be approved as a correct record and signed by the Chairman.

 

54.

Items to be deferred

Minutes:

The Chief Officer (Planning and Environment) advised that none of the items on the agenda were recommended for deferral by officers. 

 

55.

Full Application - Erection of 59 Dwellings, Open Space, Access and Associated Infrastructure at Issa Farm, Mynydd Isa (053208) pdf icon PDF 225 KB

Additional documents:

Decision:

That the application be refused for the following reasons:-

 

·         Departure from the UDP

·         Outside the settlement boundary

·         Did not comply with policies GEN3 and HSG3

·         The need of residents not being addressed

·         Duty to protect planning policy. 

 

Minutes:

The Committee considered the report of the Chief Officer (Planning and Environment) in respect of this application which had been the subject of a site visit on 7 September 2015.  The usual consultations had been undertaken and the responses received detailed in the report.  Additional comments received since the preparation of the report were circulated at the meeting.

 

The officer detailed the background to the report and explained that the application had been submitted to Committee for determination due to the size of the development, the requirement for a Section 106 Agreement and Local Member request.  The site was outside, but adjacent to, the settlement boundary for Mynydd Isa and had previously been allocated by the Council for residential use during the Unitary Development Plan (UDP) process and therefore the principle of development had been accepted.  However, the UDP Inspector, having considered the site’s location, shape, landscape and the surrounding topography, and incursion into the rural area, de-allocated the site.  The application had therefore been advertised as a departure from the UDP policy.  However, it was considered that the absence of a five year land supply was a material consideration which outweighed the fact that the development was not within the settlement boundary. 

 

Observations had been made by ‘Flintshire Land Use Needs Care’ and a number of objections had been received from individual objectors and ‘Bryn Residents Against New Development’ (BRAND), along with a petition of 209 signatures.  Five letters of support for the proposal had also been received.  The officer provided details of the location of the site and advised that the site would be accessed from Llys Gwynant via Parc Issa from Bryn Road with a proposed pedestrian/cycle way connecting the site with Llys y Graig.  The proposal consisted of two, three and four bed properties and the site would include 30% affordable homes which totalled 18 two and three bed properties.  The planning history was detailed in the report which explained that the UDP Inspector had de-allocated the site but had not extended the green barrier to include this site.  At the time of the UDP inquiry, an allocation at Rose Lane, Mynydd Isa along with other completions and commitments gave Mynydd Isa a 6% growth rate but the site at Rose Lane had not yet come forward and was the subject of an appeal.  The issue of drainage and highways that had been considered by the UDP Inspector were also reported. 

 

Mynydd Isa, as a Category B settlement, had an indicative growth band of 8 to 15% over the plan period but as at April 2014 the settlement had a theoretical growth rate of 7.2%.  If the Rose Lane application did not come forward this would result in a growth rate of 4.3% for the area based on completions and a small number of commitments.  The latest published Housing Land Supply for Flintshire showed a 3.7 year land supply using the residual method and it was unlikely that the Council would be able to demonstrate  ...  view the full minutes text for item 55.

56.

Extension of the Existing Waste Management Site Together with the retention of a New Waste Transfer Building and erection of Product Storage Bays, retention of a New Weighbridge and retention of a building to Provide Office Accommodation at Flintshire Waste Management, Ewloe Barns Industrial Estate, Mold Road, Ewloe (052359) pdf icon PDF 126 KB

Additional documents:

Decision:

            That planning permission be granted subject to the conditions detailed in the report of the Chief Officer (Planning and Environment) and subject to the additional condition referred to in the late observations.

 

 

Minutes:

The Committee considered the report of the Chief Officer (Planning and Environment) in respect of this application which had been the subject of a site visit on 7 September 2015.  The usual consultations had been undertaken and the responses received detailed in the report.  Additional comments received since the preparation of the report were circulated at the meeting. 

 

                        The Senior Minerals and Waste Officer detailed the background to the report and explained that the site was within a well-established industrial estate in the Buckley Mountain ward.  She provided details of the location of the site and explained that the remainder of the industrial estate was in the ownership of other land owners.  The site was located close to the boundaries of the Buckley Claypits and Commons Special Scientific Interest (SSSI) and Deeside and Buckley Newt Sites Special Area of Conservation (SAC).  A number of late observations were reported which included objections from two local residents and an officer comment that an additional condition regarding drainage should be included.  Concerns had been raised about dust and noise levels as a result of the proposal and also about the retrospective nature of the application.  The officer reminded Members about Technical Advice Note (TAN) 9 and the obligation by the Local Authority to regularise the planning situation on the site.  A main issue for consideration was whether the proposal was an acceptable use of the land and the officer had concluded that it was, subject to conditions.  The existing waste management facility was allocated in the Unitary Development Plan under policy EM3. The proposal included land to the south of the existing industrial estate outside the allocation. The expansion of allocated sites is supported by policy EM5 subject to a number of detailed tests. The site would require a permit from Natural Resources Wales as regulator for issues such as dust and noise pollution and conditions attached to an approval of the application were reported. 

 

                        The officer explained that the transfer building extended above the tree line and a condition to paint the building in green to blend in with the trees was included.  Concerns had been raised by local residents and Buckley Town Council about the access to the site but the officer advised that the access was private and onto the A494 which was a trunk road.  The Trunk Road Agency had been consulted on the application and they did not have any objections but had requested a number of conditions including restricting the number of vehicles that could access the site to 104 and the provision of a wheel wash facility.  Conditions relating to ecology had also been included in the recommendation to secure the implementation of proposed mitigation and to ensure the necessary detail was submitted.  Additional landscaping was also to be provided and no objections had been received from statutory consultees on the issue of ecology.  The late observations included the suggestion of an additional condition on drainage.  The officer explained that part of the site had previously  ...  view the full minutes text for item 56.

57.

Outline Application - Erection of 19 Dwellings at Ty Carreg, Stryt Isa, Hope (053445) pdf icon PDF 123 KB

Additional documents:

Decision:

            That planning permission be granted subject to the conditions detailed in the report of the Chief Officer (Planning and Environment) and subject to the applicant entering either into a Section 106 agreement, a unilateral undertaking or making of an advance payment to satisfy the following requirements:-

 

1.         Ensure the payment of a commuted sum equivalent to £1100 per dwelling in lieu of on site play and recreation provisions.  Such sum to be paid to be used as a contribution towards the provision of a wheeled sports facility at The Willows Recreation Ground, Hope.  Such sum to be paid upon occupation of 50% of the approved dwellings.

 

2.         Ensure the payment of a commuted sum of £55,407 which is required to provide specialist Art teaching accommodation at Castell Alyn High School.  Such sum to be payable before the commencement of development.   

 

If the obligation pursuant to Section 106 of the Town & Country Planning Act 1990 is not completed within six months of the date of the committee resolution, the Chief Officer (Planning and Environment) be given delegated authority to REFUSE the application. 

 

After the vote had been taken, Councillor Ray Hughes returned to the meeting and the Chairman advised him of the decision.

 

Minutes:

The Committee considered the report of the Chief Officer (Planning and Environment) in respect of this application.  The usual consultations had been undertaken and the responses received detailed in the report.  Councillor Ray Hughes, having earlier declared an interest in the application, left the meeting prior to its discussion. 

 

                        The officer detailed the background to the report and explained that even though this was an outline application, details of access and scale had been provided by the applicant.  There had been no objections to the proposals from statutory consultees but 50 letters had been received which raised objections to the proposal and these were detailed in the report.  He drew Members’ attention to paragraph 7.01 where it was reported that the site was 0.72 hectares; this was incorrect as the site was 0.65 hectares.  The officer explained that a number of the objections referred to the refusal of a planning application on the site but he confirmed that there was no history for the site.  The site had been included in the development stage of the Unitary Development Plan (UDP) but was deleted from the allocation following representations that were received at that stage because of issues with the road network.  Since the consideration of these matters there had been a change in circumstances in relation to the status of the road network and the estate roads had now been adopted so there were no longer any highways or access concerns. 

 

The proposal would not have a detrimental impact on the amenity of the area and therefore the proposed development was considered acceptable in design and appearance terms subject to approval of precise details at the Reserved Matters stage.  The officer provided details of the requested Section 106 (S106) obligation that formed part of the conditions in the recommendation explaining that an amount could be requested from the developers for Castell Alyn High School as it was for an identified specific project and that no obligations had been entered into before for that project.  This complied with Community Infrastructure Levy (CIL) regulations 122 and 123.        

 

            Councillor Mike Peers proposed the recommendation for approval which was duly seconded.  He acknowledged that the site was in the settlement boundary, had a proposed density of 29.25 dwellings per hectare and the growth for Hope was 10.3%.  He sought clarification on paragraph 7.09 where it was reported that the site was located in the settlement boundary but was not allocated for residential development.  He also queried whether the proposed dwellings would count towards the Council’s five year housing land supply figure and asked about the Speculative Housing Development Proposals referred to in paragraph 7.09. 

           

            The officer confirmed that the dwellings would form part of the five year housing land supply as the site had previously not been specifically allocated for housing.  He added that the Speculative Housing Development Proposals had not been considered on this application as the site was within the settlement boundary.       

 

In referring to the S106 obligation for specialist Art teaching  ...  view the full minutes text for item 57.

58.

Full application - Change of house types on plots 146-154, 157-159, 162-171, 173-174 and addition of 2no. plots at "Croes Atti", Chester Road, Oakenholt (053783) pdf icon PDF 84 KB

Additional documents:

Decision:

            That planning permission be granted subject to the conditions detailed in the report of the Chief Officer (Planning and Environment) and subject to the application entering into a Section 106 obligation/Unilateral Undertaking to re-impose all the requirements of the original legal agreement attached to the outline planning permission i.e.

 

  • Scheme to be in general conformity with the Revised Development Brief
  • Construct or to reimburse the Council for the reasonable cost of a footpath/cycleway linking the site with Leadbrook Drive
  • Phasing/occupation of housing
  • Setting aside 1.5 hectares of land and its transfer for a school site and an extension to the school site of not less than 1.0 hectare
  • Setting aside of land for a shop site
  • Setting aside of a site of 0.45 hectares for a health centre
  • Setting aside of a site of 0.25 hectares for a community centre and its transfer
  • Provision of 4.5 hectares of open space including an enclosed equipped children’s play area, a landscape strategy, a management strategy for open space areas including establishment of a management company
  • Provide for a maximum of 10% of number of dwellings for affordable

 

Minutes:

The Committee considered the report of the Chief Officer (Planning and Environment) in respect of this application.  The usual consultations had been undertaken and the responses received detailed in the report.

 

            The officer detailed the background to the report and explained that the site formed part of the overall site and a change of layout of the site had resulted in a request for a change of house types and two additional plots.  

 

            Councillor Derek Butler proposed the recommendation for approval which was duly seconded.

 

            RESOLVED:

 

            That planning permission be granted subject to the conditions detailed in the report of the Chief Officer (Planning and Environment) and subject to the application entering into a Section 106 obligation/Unilateral Undertaking to re-impose all the requirements of the original legal agreement attached to the outline planning permission i.e.

 

  • Scheme to be in general conformity with the Revised Development Brief
  • Construct or to reimburse the Council for the reasonable cost of a footpath/cycleway linking the site with Leadbrook Drive
  • Phasing/occupation of housing
  • Setting aside 1.5 hectares of land and its transfer for a school site and an extension to the school site of not less than 1.0 hectare
  • Setting aside of land for a shop site
  • Setting aside of a site of 0.45 hectares for a health centre
  • Setting aside of a site of 0.25 hectares for a community centre and its transfer
  • Provision of 4.5 hectares of open space including an enclosed equipped children’s play area, a landscape strategy, a management strategy for open space areas including establishment of a management company
  • Provide for a maximum of 10% of number of dwellings for affordable

 

59.

Full application - Erection of single storey dwelling and associated works on land adjoining "Sea View", Llanasa Road, Gronant (053789) pdf icon PDF 84 KB

Additional documents:

Decision:

            That planning permission be granted subject to the conditions detailed in the report of the Chief Officer (Planning and Environment) and subject to the applicant entering into a Section 106 Agreement or Unilateral Undertaking to secure a visibility sight line in perpetuity in a westerly direction, with no obstruction in excess of 1.00m above the level of the nearside channel. 

 

If the obligation pursuant to Section 106 of the Town & Country Planning Act 1990 is not completed within six months of the date of the committee resolution, the Chief Officer (Planning and Environment) be given delegated authority to REFUSE the application. 

 

Minutes:

The Committee considered the report of the Chief Officer (Planning and Environment) in respect of this application.  The usual consultations had been undertaken and the responses received detailed in the report.

 

                        The officer detailed the background to the report and explained that that the application was to be considered by Committee due to the requirement for a Section 106 Obligation as the existing private access road required visibility improvements over adjoining land. 

 

                        Mrs. P. Roberts spoke against the application.  She raised significant concern that the road was dangerous and about the access to the site which she felt was inadequate.  The road, which provided access to Gronant and Prestatyn, was frequently used by commercial vehicles for a nearby business and was narrow and did not have a footpath.  There had been a number of vehicle collisions in the area and it had once been deemed a traffic blackspot.  Mrs. Roberts felt that traffic had increased in the area due to the provision of a retail park in Prestatyn and as a result of nearby planning applications being approved.  She referred to the issue faced by cars on the lane and commented on the impact of the proposal on the properties North Pines and Orchard End, in particular the separation distance to North Pines which she felt was only 12 metres to the conservatory which was below the required standard.  She added that the elevated position of the plot in relation to neighbouring properties could result in a reduction in privacy.  Mrs. Roberts felt that the application was out of context with the surrounding dwellings and requested that the application be refused.       

 

            Councillor Gareth Roberts proposed the recommendation for approval which was duly seconded.  He felt that there did not appear to be any compelling reasons to refuse the application.    

 

            In acknowledging the comments that traffic in the area was a concern, Councillor Derek Butler said that this was not sufficient to refuse the application on planning grounds.  He also sought clarification on the issue of land levels.  Councillor Mike Peers asked for further information on the separation distances between the proposed property and the dwelling at North Pines. 

 

            The Senior Engineer - Highways Development Control confirmed that Highways did not have any objections to the proposals subject to conditions and the Section 106 Agreement.  She explained that the access was an existing access serving two existing properties and complied with policy TAN18.  The provision of securing a visibility sight line in perpetuity in a westerly direction as detailed in the Section 106 obligation would give a vast improvement to the existing and new properties. 

 

            In response to the comments made, the officer explained that the issue of levels had been addressed in the consideration of the application and was reported in paragraph 7.09 where it was noted that the difference in levels was not detrimental to amenity.  The properties at Orchard End and North Pines were situated side on to the site and the guidance for separation distances indicated  ...  view the full minutes text for item 59.

60.

Full Application - Change of Use to Equestrian and Caravan Storage at Tyddyn y Gwynt Farm, Rhydymwyn (053794) pdf icon PDF 75 KB

Additional documents:

Decision:

That planning permission be granted subject to the conditions detailed in the report of the Chief Officer (Planning and Environment).

 

Minutes:

The Committee considered the report of the Chief Officer (Planning and Environment) in respect of this application.  The usual consultations had been undertaken and the responses received detailed in the report.

 

            The officer detailed the background to the report and explained that the application needed to be determined by Committee as the site exceeded the delegated powers available to the Chief Officer (Planning and Environment).   He explained that the site consisted of outbuildings with an historical element and more modern steel framed agricultural barns with profiled sheet steel cladding.  The application had been the subject of consultation and no issues had been raised by the statutory consultees and no letters of objection had been received.  The main issues for consideration were the principle of development and the effect on the character and appearance of the open countryside.  The only aspect of the proposals which would introduce a visually new element within the landscape was the proposed manege but it was not proposed that this area would be illuminated and therefore the impact on the wider landscape would be minimal.   

 

            Councillor Derek Butler proposed the recommendation for approval which was duly seconded. 

 

            In seconding the proposal, Councillor Mike Peers said that the proposal, which would allow rural enterprise to make use of redundant buildings, should be supported. 

 

            RESOLVED:

 

            That planning permission be granted subject to the conditions detailed in the report of the Chief Officer (Planning and Environment).

 

61.

Full Application - Change of Use from Agricultural Storage Area to Residential and Erection of 1 No. Dwelling at Ffordd y Waen, Nannerch (053293) pdf icon PDF 87 KB

Additional documents:

Decision:

            That planning permission be granted subject to the conditions detailed in the report of the Chief Officer (Planning and Environment), the additional conditions referred to in the late observations and subject to the applicant entering into a Section 106 Agreement ensuring occupation by the three ladies and upon subsequent disposal of the dwelling offered either to the Council or to a Registered Social Landlord at market value.

 

Minutes:

The Committee considered the report of the Chief Officer (Planning and Environment) in respect of this application.  The usual consultations had been undertaken and the responses received detailed in the report.  Additional comments received since the preparation of the report were circulated at the meeting. 

 

                        The officer detailed the background to the report and drew Members’ attention to the late observations where a revised comment from the Housing Regeneration & Strategy Manager, an amendment to the recommendation and a deletion from paragraph 7.10 were reported.  He explained that the proposal was for a single storey dwelling for a specific local need and the details provided in relation to the design, size, scale, form and materials to be used were considered to be in keeping with the Clwydian Range and Dee Valley Area of Outstanding Natural Beauty, adjacent Nannerch Conservation Area and setting of the listed building.  It was felt that the proposal would not have a detrimental impact upon the adjacent occupier due to the proposal being for a single storey dwelling.   

 

            Councillor Ian Dunbar proposed the recommendation for approval which was duly seconded.  He said that the proposal was for the erection of a dwelling for a specific need and would not have an impact due to overlooking or loss of light.  The land was currently used for storage of machinery and the current house owned by the applicant failed to meet the daily needs of the family. 

 

            In referring to the comments of Natural Resources Wales (NRW), Councillor Richard Lloyd queried whether they had provided a response since the report had been published.  The officer confirmed that additional information had been sent to NRW but a response had not been received.  The Council’s Ecology Officer did not have any objections to the application subject to conditions. 

 

            Councillor Gareth Roberts referred to paragraph 7.20 and sought clarification on whether the application would have a detrimental impact on the amenities of the proposed residents and the occupiers of the neighbouring properties as reported.  The officer confirmed that there was no detrimental impact and that the word ‘not’ had been missed from the sentence concerned.       

 

            RESOLVED:

 

            That planning permission be granted subject to the conditions detailed in the report of the Chief Officer (Planning and Environment), the additional conditions referred to in the late observations and subject to the applicant entering into a Section 106 Agreement ensuring occupation by the three ladies and upon subsequent disposal of the dwelling offered either to the Council or to a Registered Social Landlord at market value.

 

62.

Full application - Change of use of ground floor to 3no. flats at "Cross Keys", Church Street, Connah's Quay (053381) pdf icon PDF 64 KB

Additional documents:

Decision:

            That planning permission be granted subject to the conditions detailed in the report of the Chief Officer (Planning and Environment) and subject to the applicant entering into a Section 106 Obligation, Unilateral Undertaking or advance payment of £733 per apartment towards improvements to the existing play area at York Road, Connah’s Quay. 

 

Minutes:

The Committee considered the report of the Chief Officer (Planning and Environment) in respect of this application.  The usual consultations had been undertaken and the responses received detailed in the report.

 

            The officer detailed the background to the report and explained that the application had been submitted to Committee because the delegation scheme did not permit a decision on this type of application to be delegated to the Chief Officer (Planning and Environment).  

 

            Councillor Ian Dunbar proposed the recommendation for approval which was duly seconded.  He commented that the public house had been empty for a number of years and despite marketing, it had not been taken over.  The building was in a state of disrepair and was becoming an eyesore and the proposals in the application would be an improvement on what was currently in place.  He also welcomed the five reserved parking spaces which would be marked out for the occupiers of the proposed flats.  

 

            RESOLVED:

 

            That planning permission be granted subject to the conditions detailed in the report of the Chief Officer (Planning and Environment) and subject to the applicant entering into a Section 106 Obligation, Unilateral Undertaking or advance payment of £733 per apartment towards improvements to the existing play area at York Road, Connah’s Quay. 

 

63.

Appeal by Mr. David Read Against the Decision of Flintshire County Council to Refuse Planning Permission for the Erection of a Single Wind Turbine (45 Metre Hub Height, 67 Metre Blade Tip Height) Two Metering Units, Access Track, Assembly and Crane Areas at Ty Coch, Crossways Road, Pen y Cefn, Caerwys (051826) pdf icon PDF 69 KB

Additional documents:

Decision:

            That the decision of the Inspector to dismiss this appeal be noted.

 

Minutes:

RESOLVED:

 

            That the decision of the Inspector to dismiss this appeal be noted.

 

64.

Appeal by Mr. & Mrs M. Jones Against the Decision of Flintshire County Council to Refuse Planning Permission for Replacement of Existing Buildings with 1 No. Eco Dwelling at Marsh Farm, Chester Road, Oakenholt (052504) pdf icon PDF 58 KB

Additional documents:

Decision:

            That the decision of the Inspector to dismiss this appeal be noted.

           

           

 

Minutes:

RESOLVED:

 

            That the decision of the Inspector to dismiss this appeal be noted.

           

            The Chief Officer (Planning and Environment) spoke about applications where the Committee voted against officer recommendation.  He acknowledged that it was part of the democratic process but reminded Members that it was important that members of the public and press who were in attendance at the meetings were certain of the reasons and which policies applications were being refused on.  He added that protocol enabled officers to bring reports on decisions against officer recommendation back to the subsequent Committee to confirm the reasons for refusal.

 

65.

Members of the Press and Public in Attendance

Minutes:

                        There were 28 members of the public and two members of the press in attendance.