Agenda item

            That planning permission be granted subject to the conditions detailed in the report of the Head of Planning and subject to the inclusion of a Grampian style condition regarding connection to the existing pipe located on Network Rail land before any work was carried out on the site. 

The Committee considered the report of the Head of Planning in respect of this application which had been the subject of a site visit on 7 April 2014.  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 additional comments were reported.  Four letters of objection had been received and these were detailed in the report but the recommendation was for approval of the application. 

                        Mr. A. Jones spoke against the application.  He acknowledged the need for a permanent site but he felt that a more appropriate site had been refused.  He referred to the narrowness of the bridge access to the site and the visibility of the access and raised concern about highway safety.  He said that there was no indication of the number of people that could live on the site and it was possible that each site could contain three families.  Mr. Jones said that the issue of the right of way to the site had not been addressed and Welsh Water had not been consulted.  He felt that the site was unsuitable for human occupation and he raised concern about the density of the site and added that if housing had been proposed on the site, it would have been refused.  He explained that he was the owner of the garage near the site which employed 37 people and added that access across the bridge was vital to his business.  The Democracy & Governance Manager advised Members that the private right of way was not a material planning consideration.   

                        Mr. J. Salt spoke in support of the application as the proposal was in line with planning policy.  Approval of the proposal would address the issue of need of Gypsy and Traveller pitches in Flintshire which was for the provision of 16 pitches by the end of 2016.  The existing access was adequate for the level of development and Highways had not submitted any objections and no accidents had been reported.  The proposal would seek to improve the site which had been a storage yard which was adjacent to the settlement boundary of Flint.  Mr. Salt added that the soft landscaping proposed would be an improvement to the site and the site would be screened from public areas and would not cause any harm. He said that there were no flooding issues and that the applicant ran an existing site with the Council. He concluded that it complied with all national and local policies and he urged Members to approve the application.   

            Councillor Derek Butler proposed the recommendation for approval which was duly seconded.  He felt that there were no planning reasons for refusal and that with conditions it was a suitable site which would assist in meeting the needs for Gypsy and Traveller pitches.  Councillor Ian Dunbar said that there were no problems with access to the site as the bridge was currently used by heavy goods vehicles. 

            The Local Member, Councillor Rita Johnson, spoke against the application.  She referred to the four letters of objection and suggested that this number may have increased if others had seen the site notice as she felt that it had been placed in the wrong location.  Access to the site was provided by a narrow humped back bridge and visibility of other vehicles was very poor and there was no pavement in the area.  The bridge was in use 24 hours a day by the coach operator and a sewerage plant was located at the back of the site and vehicles to and from the plant would pass the site two to three times a day.  Referring to paragraph 6.06 of the report she stated that the A538 was not a minor road and was already heavily congested, Councillor Johnson felt that the application should be refused.  She also referred to Policy G1 of the UDP which covered issues including impact of noise and also highlighted the guidance that developments should not be approved for sites close to water sewerage works. She felt that the issue of children’s safety had not been considered.  Councillor Johnson also thanked the officer and the Head of Planning for their help in assisting her understanding of the application. 

            Councillor David Cox spoke against the application and indicated that Flint Town Council had provided a response even though it was not included in the report.  He said that the view of Flint Town Council was that the site was a ribbon development and was outside the settlement boundary.  The site was exposed to the sea and there was a risk of flooding and Flint Town Council had requested that the application should be refused. 

            Councillor Richard Jones queried whether the site was acceptable for good living as it was next to a water facility and a train line, referring to the decision on the site in Ewloe.  If the application was approved, he suggested that a Grampian style condition be included regarding connection to the existing pipe located on Network Rail land before any work was carried out on the site. 

            Councillor Chris Bithell felt that there were no grounds to refuse the application and reminded Members that the applicant could submit an appeal if the application was refused and, in his opinion, costs would be awarded against the Council.  The bridge and the access served the bus company and the water authority and the site had been used previously for business purposes so he felt that it was therefore a replacement of use.  The proximity of the site to the sewerage works had not been a problem for other users of the site and Flintshire County Council were deficient in the number of pitches required for Gypsies and Travellers.  Councillor Billy Mullin felt that the application would enhance the area and would improve the quality of the site.  Councillor Ron Hampson referred to the issue of the access to the site and the safety of the children.  He commented on the lack of a pedestrian footpath and said that he would be supporting refusal of the application as the site was subject to flood risk.  Councillor Richard Lloyd concurred that the highway was not suitable for pedestrians and added that he felt that it was not a suitable site for people to live on. 

            Councillor Alison Halford agreed with Councillor Bithell that there was a need for Flintshire County Council to provide more pitches and this had been referred to by the Inspector at a recent appeal for a Gypsy and Traveller site application.  It was not an ideal site but it was not on a main road (like Magazine Lane) and she added that even though work was ongoing to extend the Riverside site to include more pitches, this application should be approved.  Councillor Gareth Roberts concurred that approval of the application was the correct decision. 

            In response to the earlier comment by Mr. Jones that Welsh Water had not been consulted, the officer advised that they had been consulted but had declined to comment.  On the issue of flooding, Natural Resources Wales had been consulted and had advised that the site was outside the designated flood risk area.  The Development Manager confirmed that a Grampian style condition could be included, as suggested earlier by Councillor Richard Jones. 

            The Planning Strategy Manager advised that no objections had been received from Network Rail who were responsible for the bridge to the site so access was not an issue.  He confirmed that an application for housing would be reported for refusal as different policies applied but this site complied with the definition in the circular on Gypsy and Travellers sites.  On the issue of ribbon development and the site being outside the settlement boundary as referred to in the comments from Flint Town Council, the Planning Strategy Manager said that this was only applicable to housing  The site was not in a flood risk area and even though the site was in close proximity to the sewerage works and a railway line, the Riverside site was near to the A494 and a sewerage works and an extension to that site was being considered so he asked Members to be mindful of the need to be consistent. 

            In summing up, Councillor Butler said that he welcomed the inclusion of a Grampian style condition regarding connection to the existing pipe located on Network Rail land before any work was carried out on the site.  

            RESOLVED:

            That planning permission be granted subject to the conditions detailed in the report of the Head of Planning and subject to the inclusion of a Grampian style condition regarding connection to the existing pipe located on Network Rail land before any work was carried out on the site.