Agenda, decisions and minutes

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

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

Media

Items
No. Item

107.

Declarations of Interest

Additional documents:

Decision:

Councillor Ray Hughes declared a personal and prejudicial interest in the following application because he was a School Governor at Castell Alun High School:-

 

Agenda item 6.2 – Outline application for the Erection of up to 40 residential dwellings with associated access and all other matters reserved at Rhos Road, Penyffordd (053656)

 

Minutes:

Councillor Ray Hughes declared a personal and prejudicial interest in the following application because he was a School Governor at Castell Alun High School:-

 

Agenda item 6.2 – Outline application for the Erection of up to 40 residential dwellings with associated access and all other matters reserved at Rhos Road, Penyffordd (053656)

 

108.

Late Observations

Additional documents:

Minutes:

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

 

109.

Minutes pdf icon PDF 136 KB

To confirm as a correct record the minutes of the meeting held on 16 December 2015.

Additional documents:

Decision:

That subject to Councillor Jones’ suggested amendments, the minutes be approved as a correct record and signed by the Chairman. 

Minutes:

The draft minutes of the meeting of the Committee held on 16 December 2015 had been circulated to Members with the agenda.

 

Councillor Mike Peers referred to page 10 and asked for some comments made by members at the last meeting to be added.  He said Councillor Derek Butler had stated that there was a strong demand for affordable housing in Buckley and that Councillor Chris Bithell had referred to a blighted site that was not viable as a retail site.  He asked for the comments to be  included in the minutes with Councillor Butler’s comments being included after the word ‘footfall’ in the fourth paragraph and Councillor Bithell’s comments being included after the word ‘Buckley’ in the final paragraph on page 10. 

 

Councillor Richard Jones said that Councillor Butler had said there were a lot of historical empty commercial properties, that the Co-op was not trading well and that he had been aware of plans to expand the precinct and requested that these comments be added to the minutes.    

 

In response, Councillor Bithell reminded Members that the minutes were not a verbatim record of the meeting.  He also said that he had not used the word ‘blighted’ as suggested by Councillor Peers. He said he did want the minutes to be added to as requested by Councillor Peers.

 

The Housing and Planning Solicitor advised that the minutes were a summary of the meeting and main areas of debate and not a verbatim record. 

 

On being put to the vote, the proposal from Councillor Peers, which was duly seconded, to amend the minutes as suggested was lost.  The additional comments proposed by Councillor Jones were duly seconded and on being put to the vote, was CARRIED.

 

RESOLVED:

 

That subject to Councillor Jones’ suggested amendments, the minutes be approved as a correct record and signed by the Chairman. 

 

Councillor Jones then referred to matters arising from the minutes which the Chairman had indicated he could come back to. However, he was advised by the Chairman, having been advised by the Housing and Planning Solicitor that this was not a matter on the agenda and could not be considered. 

110.

Items to be deferred

Additional documents:

Minutes:

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

111.

Continuation of Use of Land as Residential Gypsy Site Accommodating 9 Families on 7 Pitches, with a Total of 13 Caravans (No More Than 7 Static Caravans) and Retention of 3 No. Amenity Blocks and Erection of 1 No. Additional Amenity Block at Dollar Park, Bagillt Road, Holywell (053163) pdf icon PDF 174 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 the additional condition requested in the late observations and subject to the Committee considering the wording for the amendment to condition 1 at the next meeting of the Committee. 

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 18 January 2016.  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 was for a change of use to accommodate nine families on seven pitches on the site which was 0.5 hectares.  She spoke of the planning history which was detailed in the report and explained that it was a former coal yard but since 2007 had been occupied by a number of Gypsy families.  A planning application on the site was refused in 2008 and an enforcement notice was issued by the Council for unauthorised use but following an appeal on a subsequently submitted application, a temporary permission of five years was granted which was due to expire on 4 February 2016.  This application had been submitted to continue the use and to include one extra pitch.  The officer referred to a number of late observations and explained that she was proposing that a temporary permission for a further five years be granted for named families with the additional pitch being on the site for the former play area.  A key issue in determining this application was the Inspector’s previous conclusions which were reported in paragraphs 7.25 to 7.30 and included the impact on the rural character of the area and the impact on the listed building Glyn Abbot.  The Inspector also considered the impact on the landscape and the open countryside and it was reported that prior to the occupation of the site, there were no buildings on the site and the natural regeneration of the site meant that it had a greenfield appearance and blended in with the open countryside location.  The inspector also noted that, in consideration of his determination of the appeal that the development would have a harmful effect upon the rural character of the locality and it was considered that this harm still existed in terms of this current application.  The impact on the setting of the Listed Building was reported in paragraphs 7.38 to 7.46 and concluded that this application which included an increased number of caravans would only add to the harm the location of the site caused to the setting of the Listed Building. 

 

                        Concerns had been raised about the number of vehicles accessing the site but Highways had no objections to the proposed development in terms of the increase in the number of pitches or the number of site occupants.  On the issue of need, the officer explained that a Gypsy & Traveller Accommodation Assessment had been published in 2012 and endorsed by Council in 2013 but only covered the period to 2016.  This identified that the need arising for Flintshire was for an additional 43 pitches in the study period.  ...  view the full minutes text for item 111.

112.

Outline Application for the Erection of up to 40 Residential Dwellings with Associated Access and all Other Matters Reserved at Rhos Road, Penyffordd (053656) pdf icon PDF 206 KB

Additional documents:

Decision:

            That planning permission be refused for the amended reasons detailed on the late observations sheet. 

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 18 January 2016.  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 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 the site was 1.4 hectares in size and was outside the settlement boundary for Penyffordd and Penymynydd.  Details of access had been provided but all other matters were reserved.  The officer referred to paragraph 7.05 where the comments of the Unitary Development Plan (UDP) Inspector were reported and she explained that the site had been considered by the Inspector as part of the UDP Inquiry as an ‘omission site’.  However, the Inspector had not allocated this site due to the visual impact and also as no further land was needed at that time to meet the growth of the settlement in terms of the UDP strategy.  Paragraph 7.09 provided details of an appeal for a previous application on the adjacent Rhos y Brwyner Farm which included the provision of a new access off Rhos Road.  The appeal was dismissed as the Inspector felt that the creation of a new access route could set a precedent for further development. 

 

                        There had been a number of objections to the application and these were detailed in the report.  The officer explained that the settlement had an indicative growth band of 8 to 15% for a Category B settlement but it was reported that as at April 2015 the settlement had a growth rate of 27.1% over the plan period.  This figure took account of the commitments for developments in the area but the growth rate for completions was 21%.  Consideration had been given to Policy GEN3 in the determination of this application and also to Technical Advice Note 1, which required each local planning authority to maintain a five year supply of housing land.  As the Council was currently unable to demonstrate a five year land supply, consideration of TAN1 should be given considerable weight in the determination of the application.  Due to the current land supply situation and the timeframe for the UDP housing strategy, the Council had produced a developer guidance note in order to provide some clarity which had been endorsed in June 2015. 

 

The officer explained that an agricultural land classification survey had confirmed that the site was subgrade 3b and not ‘best and most versatile’ agricultural land.  A Transport Statement had accompanied the application and Highways had raised no objection to the proposed development subject to standard highways conditions covering the details of the access and detailed design of estate roads.  A Landscape and Visual Impact Assessment (LVIA) had also accompanied the application and this had been assessed by the  ...  view the full minutes text for item 112.

113.

Erection of a Foodstore, Associated Car Parking, Access, Servicing and Landscaping (Partly Retrospectively) at Broughton Shopping Park, Broughton (054589) pdf icon PDF 117 KB

Additional documents:

Decision:

            That the application be deferred with a report being submitted to the next meeting of the Committee with additional information on the issues raised. 

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 18 January 2016.  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 explaining that planning permission had been granted in March 2015 by Committee against the officer recommendation.  During the development of the site, it had become apparent that there were some issues with the location of the store in relation to the surrounding residential properties and the extent of the works that would need to be undertaken on the existing vegetation and bund.  This retrospective application had been submitted to regularise the proposal and to reflect the proposed changes which included the removal of the housing element of the application, instead proposing a commuted sum, an extension to the car parking and also the erection of a substation.  The officer explained that a number of objections to the proposals had been received and these were set out in the late observations.  The main issues in this application were whether the landscaping in this scheme provided adequate screening, whether the extension to opening and delivery hours was acceptable and also the acceptability of a commuted sum in place of the five affordable houses on the site and for public art.

 

                        The principle of the site had been established but there was a need to consider the differences between what had been approved and what was built on the site.  The previous application stated that the existing landscaping bund, which was on site as part of its former use as the compound for the construction of the retail park, would remain.  The bund was covered in unmanaged vegetation and it was proposed that the mature trees would remain with some removal of low level vegetation as required.  However following the marking out of the store on site and the commencement of the construction process, it became evident that the works required to the bund were more substantial than initially envisaged.  The stores location was plotted using GPS with the retail park spine road used as the starting point.  The site boundaries with Simonstone Road and Chester Road had not been surveyed due to the vegetation on the site.  The submitted plans therefore relied upon Ordnance Survey data which in this instance was inaccurate with what was actually built on the ground.  The main discrepancies relating to the position of the boundaries and siting of 24 and 26 Simonstone Road with these properties being located closer to the site boundary than indicated on the Ordnance Survey plan.  The officer explained that it had therefore been necessary to remove some of the existing bund during the construction process and support it with stone filled gabion baskets with a fence on top.  This led to the removal of trees and  ...  view the full minutes text for item 113.

114.

Full Application - Change of Use of Land to 42 No. Unit Holiday Lodge Park at St. Marys Caravan Camp, Mostyn Road, Prestatyn (054477) pdf icon PDF 75 KB

Additional documents:

Decision:

            That planning permission be granted subject to the applicant entering into a Section 106 Agreement or offering a unilateral undertaking to rescind the existing extant consents relating to the site, and subject to the conditions detailed in the report of the Chief Officer (Planning and Environment).

 

If the obligation pursuant to Section 106 of the Town & Country Planning Act 1990 is not completed within three 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.  Additional comments received since the preparation of the report were circulated at the meeting.   

 

                        The officer detailed the background to the report and advised that the late observations included an amendment to the report at paragraph 2.03 and also comments from Economic Regeneration.  Paragraph 6.01 referred to Policy T4 but the officer advised that this should read T5.  The main issues in relation to this application were the principle of development in this location having regard to the requirements of policy T5 of the Flintshire Unitary Development Plan and the impact of the proposals upon the highway; the report provided details of both issues considered in the determination of the application.  The officer advised that the proposal was acceptable to Highways subject to the imposition of a condition requiring the completion of parking and turning facilities in accordance with details to be submitted and agreed.            

 

            Councillor Chris Bithell proposed the recommendation for approval which was duly seconded.  He commented on the comprehensive report and said that the proposals which would improve the site overall were worthy of support. 

 

            RESOLVED:

 

            That planning permission be granted subject to the applicant entering into a Section 106 Agreement or offering a unilateral undertaking to rescind the existing extant consents relating to the site, and subject to the conditions detailed in the report of the Chief Officer (Planning and Environment).

 

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

115.

Full Application - Conversion of Outbuildings to 1 No. Annex to Main Dwelling and Hairdresser at Llwyn Farm, Ffynnongroyw (054078) pdf icon PDF 66 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 in the late observations. 

 

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 Development Manager detailed the background to the report and explained that the site was outside the settlement boundary and was in the open countryside.  The proposal was compliant with policies HSG7 and HSG13 and the Development Manager referred Members to the late observations where it was reported that the proposed development had also been assessed against, and was compliant with, Policy RE4 on Small Scale Rural Enterprises.  The proposal would make use of a redundant building and was ancillary to the dwelling itself.  It was suggested in the late observations that an additional condition be included that the hairdressing business (or any subsequent business) should be operated only by persons resident at Llwyn Farm and/or the annex and their employees.       

 

            Councillor David Roney proposed the recommendation for approval which was duly seconded.  He referred to the comprehensive report and welcomed the proposals for the former agricultural building next to the main farmhouse.  Councillor Derek Butler felt that the small scale business was in keeping with the area.  Councillor Richard Jones asked whether permitted development rights should be removed to allow more control of the site.  In response, the Development Manager indicated that it was not appropriate on this application as there would not be any permitted development rights for the hairdressing business.  The Housing & Planning Solicitor advised that in light of the comments from the Development Manager there would be no planning purpose for such a condition and advised against imposing the proposed condition.            

 

            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 additional condition in the late observations. 

 

116.

Appeal by Mr. D. Lawlor Against the Decision of Flintshire County Council to Refuse Planning Permission for the Change of Use from Paper Mill Car Park to Heavy Good Vehicle Parking Facility at 419 Chester Road, Oakenholt (052930) pdf icon PDF 66 KB

Additional documents:

Decision:

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

 

Minutes:

The Chief Officer (Planning and Environment) queried the interpretation of policy by the Inspector and suggested that this and the next appeal decision on the agenda be considered in detail by the Planning Strategy Group.   

 

            RESOLVED:

 

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

 

117.

Appeal by Leason Homes Against the Decision of Flintshire County Council to Refuse Planning Permission for the Outline Application for the Erection of 1 No. Dwelling at Maes y Goron, Lixwm (053275) pdf icon PDF 71 KB

Additional documents:

Decision:

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

 

Minutes:

The Chief Officer (Planning and Environment) said that it had been expected that if the appeal was allowed, it would be restricted to local housing need but this had not been suggested by the Inspector.  He again queried the interpretation of policy by the Inspector.   

 

RESOLVED:

 

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

 

118.

Members of the Press and Public in Attendance

Additional documents:

Minutes:

                        There were 12 members of the public and 2 members of the press in attendance.