Agenda item

            That planning permission be granted subject to the conditions detailed in the report of the Chief Officer (Planning and Environment), the additional conditions referred to in the late observation, the amendment to condition 22 to include ‘cyclists, walkers and horse riders’ and subject to the applicant entering either into a Section 106 agreement, providing a unilateral undertaking or the making of an advance payment for education provision for a sum equivalent to £18,469 per secondary school pupil generated towards Castell Alyn High School.  

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 Chief Officer (Planning and Environment) be given delegated authority to REFUSE the application. 

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.  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 all matters were reserved.  The site was allocated in the Unitary Development Plan for residential development and the two main issues of flooding and drainage had been addressed in the report.  The late observations included comments by Councillor Carolyn Thomas about the existing right of way and this had been included as condition 22 in the proposal. 

            Councillor Derek Butler proposed the recommendation for approval which was duly seconded.  He welcomed the inclusion of condition 22 to safeguard the right of way. 

            The Local Member, Councillor Carolyn Thomas, welcomed the application.  She commented on the inclusion of a roundabout in the indicative plan and sought clarification on paragraph 7.16 about upstream flooding.  She referred to previous flooding problems in the area and welcomed the removal of the culvert.  She referred to paragraph 7.04 where it was reported that it was proposed to demolish the Railway Inn public house and said that this was incorrect as only the public house car park was to be used for access to the site.  Councillor Thomas commented on the condition for the protection of the public right of way which she welcomed but requested that it be amended to include cyclists, horse riders and walkers. 

            Councillor Chris Bithell felt that the report did not refer to the disposal of surface water and queried whether it would flow to the River Alyn.  He also sought clarification that this proposal would not exacerbate flooding as the area had had flooding issues in the past. 

            In response to a query from Councillor Ian Dunbar about the demolition of the Railway Inn public house, the officer said that this application was for outline permission and it was therefore not certain what was proposed in relation to the pub.  He felt that a roundabout as a method of access to the site was unlikely and on the issue of surface water, he referred Members to paragraph 7.18 where it was reported that the discharge rates to the watercourse would be regulated to pre-development rates by means of employing a flood control device within the surface water drainage system upon the site.  He provided a detailed explanation to Councillor Thomas’ question on paragraph 7.16 on the issue of upstream flooding. 

            The Democracy and Governance Manager sought clarification on whether Councillor Butler, as the proposer of the recommendation, was happy to include the amendment suggested by Councillor Thomas; Councillor Butler confirmed that he was.                                  

            RESOLVED:

            That planning permission be granted subject to the conditions detailed in the report of the Chief Officer (Planning and Environment), the additional conditions referred to in the late observation, the amendment to condition 22 to include ‘cyclists, walkers and horse riders’ and subject to the applicant entering either into a Section 106 agreement, providing a unilateral undertaking or the making of an advance payment for education provision for a sum equivalent to £18,469 per secondary school pupil generated towards Castell Alyn High School.  

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 Chief Officer (Planning and Environment) be given delegated authority to REFUSE the application. 

After the vote had been taken, Councillor Ray Hughes returned to the meeting and the Chair informed him of the decision.