Agenda item

            That planning permission be refused on the grounds of desecration of the SSSI, loss of wildlife and the amenity impact on the common land.         

            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 1 September 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.    Councillor Mike Peers, 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 the main issues included the access over Common land and ecological impact.  She referred Members to the late observations sheet where an additional condition from Highways was requested for the access from Alltami Road to be a minimum of 5m in width for a minimum of 10m into the site.  The site was partly within the boundary of the Site of Special Scientific Interest (SSSI) and the Section 106 obligation would include a sum of £2,500 for indirect impacts due to the recreational pressures on the Special Area of Conservation (SAC).  There had been some objections due to the access being over Common Land and other accesses had been explored but were not suitable.  No objections had been received from statutory consultees. 

            Councillor Carol Ellis proposed refusal of the application, against officer recommendation, which was duly seconded.  She referred to the history of the site and said that Flintshire County Council had been trying to obtain planning permission on the site since 2001.  Buckley Town Council had objected strongly to the application due to the SSSI and the access over the Common Land and two previous applications had been withdrawn due to the large number of objections submitted.  She felt that residents were under the impression that the dirt track would be used to access the site, but this was not the case.  Councillor Ellis referred to the Devil’s bit scabious which it was reported would be translocated to another area but she did not feel that this would be possible as it required a certain type of land to grow.  She also referred to other plant species in the area which would also be damaged if the application was approved and the access established across the Common Land.  She spoke about Great Crested Newts on the site and a very rare orchid for North East Wales which had been identified as growing in this area.  Councillor Ellis raised concern about the hedging and trees which would have to be removed to develop the site and, in referring to other developments in the area totalling more than 100 houses, added that she felt that the area was overdeveloped. 

            Councillor Richard Jones referred to By-laws which allowed for protection of the Common Land and added that the land should be maintained for Buckley residents to enjoy. 

            Councillor Chris Bithell said that to put an access across the Common Land was unacceptable and was a desecration of the land, even if the damage would only be minimal.  He felt that an alternative access to the site should be pursued.  Councillor Owen Thomas concurred and in referring to the natural site said that it would be impossible to move the plants on the site.  Councillor Derek Butler echoed the comments and said that if the application was approved, it would allow for the creation of a private road on common land.  Councillor Neville Phillips referred to the educational contributions for Mountain Lane School and commented on the sufficient capacity at the Elfed High School. 

            In response to the comments made, the officer said that only the access, not the proposal site, would be in the SSSI.  An ecological survey had been undertaken which had identified that only Devil’s bit scabious was in the area and that the issue of Great Crested Newts had been considered but were not found to be on the site. 

            In summing up, Councillor Carol Ellis said that this site was one of three protected areas and that the access to the site would destroy the Common Land. 

            The Housing and Planning Solicitor advised Members that the existence of the By-Laws for the Common should not form part of their consideration of the planning application. 

            On being put to the vote, the application was refused unanimously due to the desecration of the SSSI, loss of wildlife and the amenity impact on the common land.         

            RESOLVED:

            That planning permission be refused on the grounds of desecration of the SSSI, loss of wildlife and the amenity impact on the common land.         

After the vote had been taken, Councillor Peers returned to the meeting.