Agenda item

That the appeal be opposed on the basis that it constituted development outside the settlement boundary in open countryside, contrary to the relevant policies of the Unitary Development Plan.

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 advised that the purpose of the report was to inform Members of the Council’s current position in relation to an appeal against the refusal of planning permission and to seek a resolution to withdraw the current reason for refusal.  She explained that outline planning permission for the erection of 40 dwellings with associated access and all other matters reserved at Rhos Road, Penyffordd had been refused by the Planning and Development Control Committee on 20 January 2016 for the reasons detailed in paragraphs 6.01 and 6.02 of the report.

The officer referred to a Hydraulic Modelling Assessment (HMA) which had been commissioned by the applicant through Welsh Water.  She advised that in the light of the HMA, and given that Welsh Water would now accept a condition requiring the implementation of the works to accommodate the foul flows in the network, the Council withdraws the reason for refusal in defence of the current appeal.  The suggested conditions to be put forward to the Inspector were detailed in paragraph 7.02 of the report.  The Council also sought a S106 undertaking as detailed in paragraph 7.03. 

Councillor Derek Butler proposed that the appeal  be opposed and this was seconded.  Councillor Butler outlined the reasons and said that the application was outside the  designated settlement boundary and was not included in the UDP.  Councillor Owen Thomas concurred with the reasons expressed by Councillor Butler.

During discussion the officer responded to the questions raised by Councillor David Evans on the options detailed in paragraph 6.07 of the report, and the education contribution detailed in paragraph 7.03, and contribution to provide a  wheeled sports facility.

Councillor Chris Bithell agreed with the proposal put forward by Councillor Butler and said the application was against the UDP planning policy and contrary to the recommendations concerning the category for development and growth of a settlement.

Councillor Richard Jones referred to the original reasons for refusal of the application and said he did not see anything in the report to confirm that deliverability and sustainability of the site was justified.  He acknowledged that the Welsh Water HMA had been completed but said that there were other reasons for refusal of the application.     

The Service Manager Strategy said that the reason for refusal of the original application was outlined in paragraph 6.01 of the report and advised that the Committee was being presented with mitigation as to why that reason was no longer sustainable.  In response to the further issues which had been raised the officer advised that growth bands had ceased in 2015. 

Councillor Derek Butler thanked the Officers for their advice and referred to TAN1. He said there were already sustainable developments in Flintshire that were not being progressed and representation needed to be made about them.  A new Minister has been appointed that may take another look at it.   He proposed the appeal was resited  on the basis that the proposed development was outside the settlement limits and contrary to the relevant policies in the UDP. 

RESOLVED:

That the appeal be opposed on the basis that it constituted development outside the settlement boundary in open countryside, contrary to the relevant policies of the Unitary Development Plan.