Agenda item

            That planning permission be granted subject to the conditions detailed in the report of the Head of Planning, the Highways condition in the late observations and subject to the applicant entering into a Section 106 Obligation/Unilateral Undertaking to provide:-

- a commuted sum of £1,100 per unit to enhance recreation provision in the area in lieu of on site open space provision

- a payment of £24,514 education contribution towards Ysgol Bryn Gwalia

If the obligation pursuant to Section 106 of the Town and Country Planning Act 1990 (as outlined above) is not completed within six months of the date of the committee resolution, the Head of Planning be given delegated authority to REFUSE the application. 

The Committee considered the report of the Head of Planning 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 drew Members’ attention to the late observations where the objection from Mold Town Council and the comment and additional conditions suggested by the Head of Assets & Transportation were reported.  The proposal complied with Policy SR4 as there were existing recreational facilities in close proximity and the site was adjacent to an existing area of open space which would be made more accessible to people in the local area by the provision of a footpath link through the site.  The site was in a flood risk area but a Flood Consequences Assessment had been submitted with the application and had been assessed by Natural Resources Wales and found to be acceptable.    Welsh Water had stated that there were capacity issues in the network in the vicinity and these works were scheduled to be resolved by 2015; a Grampian style condition had been requested to ensure that the properties were not occupied prior to that time.  The application complied with the Policy on Space Around Dwellings and was therefore recommended for approval. 

                        Councillor Gaffey from Mold Town Council spoke against the application.  He said that it had been considered by the Town Council on a number of occasions and had been rejected each time.  He was surprised to see that their comments had not been reported but welcomed their inclusion in the late observations.  The main concerns raised were on highway grounds as they felt that access should be onto Y Coetir and not into Brooke Terrace.  Councillor Gaffey said that the proposed access was next to a primary school and onto a road which provided access to the hospital.  He also raised concern about the density.  He asked that Members reject the access onto Brooke Terrace and reiterated his comment that it would be preferable to have the access onto Y Coetir.                    

            Councillor Chris Bithell proposed refusal of the application against officer recommendation which was duly seconded.  He queried the density of the site and asked whether it complied with policy and also asked about the parking allocation for each dwelling.  Councillor Bithell felt that putting the access onto Clayton Road would create traffic problems in the area due to its location next to Bryn Gwalia school and as an access and egress point for the hospital.  The owners of the properties in Brook Terrace parked in the road as they did not have any alternative parking area and additional vehicle movements to Clayton Road was a cause for concern.  He added that he was not against the redevelopment of the land but felt that the access point should be moved.  Councillor Marion Bateman felt that access onto Y Coetir was not suitable and said that she supported approval of the application.  Councillor Owen Thomas queried whether the contributions from the Section 106 Obligation would be received prior to the development of the site. 

            In response to the comments made, the officer said that there were two parking spaces per dwelling which was in accordance with Council standards.  The density was 50 dwellings per hectare and this was not considered to be out of character with the location.  Payment from the Section 106 Obligation would be received at the time of the first occupation of the dwellings.  The Head of Planning said that the Section 106 Obligation would set out when it was required and that controls would be in place to trigger the requirements of the Obligation.   

            The Senior Engineer - Highways Development Control confirmed that Highways did not have any objections to the proposals subject to conditions and that the proposed route met the standards of Technical Advice Note 18.  The Planning Strategy Manager said that refusal of the application on highway grounds could not be justified and it would be difficult to defend on appeal. 

            In summing up, Councillor Bithell referred to the density of the proposal and said that 50 dwellings per hectare was overdevelopment as the guidelines in the policy was for 30 per hectare.  He reiterated his comments that the access should be onto Y Coetir and asked that the Committee refuse the application. 

            The Planning Strategy Manager reminded Members that 30 dwellings per hectare was a minimum guideline and that there was no upper limit and that if the application was refused, reasons would need to be provided as to what harm the proposed density would cause. 

            On being put to the vote, the proposal to refuse the application was LOST.         

            RESOLVED:

            That planning permission be granted subject to the conditions detailed in the report of the Head of Planning, the Highways condition in the late observations and subject to the applicant entering into a Section 106 Obligation/Unilateral Undertaking to provide:-

- a commuted sum of £1,100 per unit to enhance recreation provision in the area in lieu of on site open space provision

- a payment of £24,514 education contribution towards Ysgol Bryn Gwalia

If the obligation pursuant to Section 106 of the Town and Country Planning Act 1990 (as outlined above) is not completed within six months of the date of the committee resolution, the Head of Planning be given delegated authority to REFUSE the application.