Agenda item

            That planning permission be granted subject to the conditions detailed in the report of the Chief Officer (Planning and Environment), the additional condition relating to the retention of the plaque in the reserved matters application and subject to the applicant entering into a Section 106 Obligation/Unilateral Undertaking or earlier payment to provide the following:-

(a)       payment of monies based on the school pupil multiplier formula towards educational provision/improvements in the form of ‘internal accommodation alterations/refurbishment and resources for IT provision’ at Ewloe Green Primary School and towards educational provision/improvements in the form of ‘additional toilets’ at Hawarden High School

(b)       An off-site commuted sum of £1,100 per dwelling or £733 per unit in lieu of onsite provision to improve the quality of play provision at Circular Drive, Ewloe

            If the obligation pursuant to Section 106 of the Town & Country Planning Act 1990 (as outlined above) 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.                         

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 14 December 2015.  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 this was an outline application with details of three points of access provided.  All other matters were reserved for future consideration.  The site of the former Boars Head public house was in a residential area with commercial units in the vicinity and it was proposed that the existing building be demolished.  An indicative plan for 11 dwellings on the site had been provided and an ecological survey had been undertaken and submitted with the application.  This was a brownfield site in the Category B settlement of Ewloe and the proposal was in accord with Planning Policy Wales and the principle of development had been accepted.  Policy S11 of the Unitary Development Plan (UDP) allowed the loss of a public house where similar facilities existed in the neighbourhood and in this instance the site was opposite a social club and near the St. David’s Park Hotel and Running Hare public house.  The officer advised that comments had been made about the historic interest of the building.  However demolition of the building had been put forward as it was unsuitable for conversion to residential dwellings and this would be controlled by condition.  The officer explained that a condition was also included for a noise assessment to be undertaken as part of the reserved matters submission.  A sewer crossed the site and a condition to discuss appropriate works was also included.  Paragraph 7.16 reported that the Coal Authority records indicated that there was a recorded mine entry within 20 metres of the boundary and therefore appropriate conditions relating to a scheme for shallow coal workings prior to the submission of a reserved matters application were required.  A Section 106 obligation had been included as part of the granting of planning permission for educational contributions and in lieu of on-site play provision and the officer confirmed that this was Community Infrastructure Levy (CIL) compliant.

            The Local Member, Councillor Alison Halford, referred to the Boars Head public house that had been in place since 1704 and a plaque that was in place on the front of the building.  Councillor Halford agreed with the recommendation to approve the application but added that the public were concerned that the pub could not be saved.  The developer and agent were aware of the hostility around the application but Councillor Halford reiterated earlier comments that the building was unsafe and could not be converted.  However, the front of the Boars Head would be reflected in the new building.  Councillor Halford, having earlier declared an interest in the application, left the meeting prior to its discussion. 

            Councillor Chris Bithell proposed the recommendation for approval which was duly seconded.  He commented on the brownfield site in a Category B settlement and there was a presumption in favour of an application in such a location.  He felt that it was a shame to see the building disappear but it had not been listed by CADW or identified by the Local Authority as a site of historic interest.  The public house had been for sale for a number of years and Councillor Bithell spoke of the other public houses in the area.  He said that there was no reason to refuse the application.  Councillor Derek Butler said that it was sad when an old building was lost and commented on the stringent conditions in place. 

            Councillor Mike Peers queried the comments of the Head of Public Protection in paragraphs 3.01 and 7.14 that specific measures were “probably necessary” and felt that the comments should identify whether this was required or not.  He queried how growth rates were now controlled as it was reported that the monitoring of growth rates of Category B settlements ended as of 1 April 2015 and he asked how this affected this and other applications.  Paragraph 7.07 referred to the current state of the building which Councillor Peers felt was not a planning matter and he asked for clarification on the length of the marketing exercise undertaken to establish whether the proposal complied with Policy S11.  He asked that it be noted that the Ewloe Social Club which was reported as being opposite the site was a Members only club and asked whether this would have an impact on the consideration of Policy S11.  Paragraph 7.09 indicated that the date plaque on the front of the pub building could be retained and incorporated within the site and Councillor Peers felt that it was important to ensure that this was included in the reserved matters application.  He also sought clarification on the projects listed in paragraph 7.24 of how the educational contribution would be used.

            Councillor Richard Jones commented on pubs that had been in the area in the past which no longer existed.  He said that the feeling of local residents was that the pub should be protected but as this was not possible, it should still be remembered and including the plaque in the reserved matters application would enable this and would mark the site of where the Boars Head public house used to be. 

            In response to the comments made, the officer said that until the results of the noise survey were received, it could not be confirmed whether specific measures were necessary to protect the amenity of the future residents and this was why the comments of the Head of Public Protection included “probably”.  On the growth rate control, she confirmed that this formally finished on 1 April 2015 but informal monitoring was still undertaken and growth limits were no longer relevant as the Council did not have a five year housing supply.  The officer advised that the application did not need to satisfy the marketing test referred to in policy S11 if there were other facilities nearby.  She also confirmed that a condition could be added to the Reserved Matters application that the plaque be retained and incorporated into the scheme.  The educational contributions were requested for projects which enhanced the capacity of the school which the projects shown would do.                                  

                        Councillor Peers indicated that he had also asked about the Ewloe Social Club and the impact of this on policy S11.

                        The Planning Strategy Manager commented on the growth rates which had been monitored up to 1 April 2015 and referred to the Joint Housing Land Availability Study (JHLAS), adding that informal monitoring would continue to be undertaken.  On the educational contributions element, there was a need to provide more specific projects to comply with CIL regulations about Section 106 agreements and not having five or more contributions for a school in general.  He added that a further report on changes to the Supplementary Planning Guidance for educational contributions would be submitted to the Planning Strategy Group meeting in January 2016.  The Planning Strategy Manager said that a full photographic survey would be carried out before the building was demolished to ensure that a historic record was retained.  He added that the Historic Monument Society would also be involved. 

                        Following a question from the Chairman, Councillors Bithell and Butler, as the proposer and seconder of the recommendation of the application, agreed to include a condition that the plaque be retained and incorporated into the Reserved Matters application.     

            RESOLVED:

            That planning permission be granted subject to the conditions detailed in the report of the Chief Officer (Planning and Environment), the additional condition relating to the retention of the plaque in the reserved matters application and subject to the applicant entering into a Section 106 Obligation/Unilateral Undertaking or earlier payment to provide the following:-

(a)       payment of monies based on the school pupil multiplier formula towards educational provision/improvements in the form of ‘internal accommodation alterations/refurbishment and resources for IT provision’ at Ewloe Green Primary School and towards educational provision/improvements in the form of ‘additional toilets’ at Hawarden High School

(b)       An off-site commuted sum of £1,100 per dwelling or £733 per unit in lieu of onsite provision to improve the quality of play provision at Circular Drive, Ewloe

            If the obligation pursuant to Section 106 of the Town & Country Planning Act 1990 (as outlined above) 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 Halford returned to the meeting and the Chairman advised her of the decision.