Public Document Pack
To: Members of the Planning Committee Date: 9 December 2020
Direct Dial: 01824 712589
e-mail: democratic@denbighshire.gov.uk
Dear Councillor
You are invited to attend a meeting of the PLANNING COMMITTEE to be held at 9.30 AM on WEDNESDAY, 16 DECEMBER 2020 VIA VIDEO CONFERENCE.
Yours sincerely
G Williams Head of Legal, HR and Democratic Services
PLEASE NOTE: DUE TO THE CURRENT RESTRICTIONS ON TRAVEL AND THE
REQUIREMENT FOR SOCIAL DISTANCING THIS MEETING WILL NOT BE HELD AT ITS USUAL LOCATION. THIS WILL BE A REMOTE MEETING BY VIDEO CONFERENCE AND NOT OPEN TO THE PUBLIC.
AGENDA
1 APOLOGIES (Pages 5 - 6)
2 DECLARATIONS OF INTEREST (Pages 7 - 8) Members to declare any personal or prejudicial interests in any business identified to be considered at this meeting.
3 URGENT MATTERS AS AGREED BY THE CHAIR Notice of items which, in the opinion of the Chair, should be considered at the meeting as a matter of urgency pursuant to Section 100B(4) of the Local Government Act, 1972.
4 MINUTES (Pages 9 - 12) To confirm the accuracy of the minutes of the Planning Committee meeting held on 11 November 2020 (copy attached).
APPLICATIONS FOR PERMISSION FOR DEVELOPMENT (ITEMS 5-7) –
5 APPLICATION NO. 02/2020/0724/PF - LAND AT GLASDIR, RUTHIN (Pages 13 - 74) To consider an application for erection of 63 no. affordable dwellings together with access, open space and associated works (amended scheme) at land at Glasdir, Ruthin (copy attached).
6 APPLICATION NO. 02/2020/0811/PF - LAND AT (PART GARDEN OF) 73A ERW GOCH, RUTHIN LL15 1RS (Pages 75 - 104) To consider an application for the erection of a detached dwelling, construction of a new vehicular access and associated works at Land at (part garden of) 73A Erw Goch, Ruthin LL15 1RS (copy attached).
7 APPLICATION NO. 16/2020/0810/PF - LAND ADJACENT TO RHESGOED FARM, LLANBEDR DYFFRYN CLWYD, RUTHIN LL15 1YE (Pages 105 - 134) To consider an application for the erection of an agricultural building for the storage of hay and fodder (resubmission) at land adjacent to Rhesgoed Farm, Llanbedr Dyffryn Clwyd, Ruthin LL15 1YE (copy attached).
8 DENBIGHSHIRE LOCAL DEVELOPMENT PLAN 2006-2021 - ANNUAL MONITORING REPORT 2020 (Pages 135 - 200) To consider a report by the Planning Officer to inform members of the Planning Committee of progress with implementing the adopted Denbighshire Local Development Plan 2006 – 2021 (copy attached).
MEMBERSHIP
Councillors
Councillor Joe Welch (Chair) Councillor Alan James (Vice-Chair)
Mabon ap Gwynfor Bob Murray Ellie Chard Merfyn Parry Ann Davies Paul Penlington Peter Evans Pete Prendergast Brian Jones Peter Scott Tina Jones Tony Thomas Gwyneth Kensler Julian Thompson-Hill Christine Marston Emrys Wynne Melvyn Mile Mark Young
COPIES TO:
All Councillors for information Press and Libraries Town and Community Councils
Agenda Item 1
WELCOME TO DENBIGHSHIRE COUNTY COUNCIL'S PLANNING COMMITTEE
HOW THE MEETING WILL BE CONDUCTED – Virtual arrangements June 2020
Unless the Chair of the Committee advises to the contrary, the order in which the main items will be taken will follow the agenda set out at the front of this report.
General introduction
The Chair will open the meeting at 9.30am and welcome everyone to the Planning Committee.
The Chair will ask if there are any apologies for absence and declarations of interest.
The Chair will invite Officers to make a brief introduction to matters relevant to the meeting.
Officers will outline as appropriate items where we have received requests for deferral, withdrawals, special reports, and any Part 2 items where the press and public may be excluded. Reference will be made to additional information prior to the start of the meeting, including the late representations/amendments summary sheets (‘Blue Sheets’) and any supplementary or revised plans relating to items for consideration.
The Blue Sheets' contain important information, including a summary of material received in relation to items on the agenda between the completion of the main reports and the day before the meeting. The sheets also set out the proposed running order on planning applications.
In relation to the running order of items, any Members seeking to bring forward consideration of an item will be expected to make such a request immediately following the Officer's introduction. Any such request must be made as a formal proposal and will be subject to a vote.
The Planning Committee currently consists of 19 elected Members. In accordance with protocol, 10 Members must be present at the start of a debate on an item to constitute quorum and to allow a vote to be taken.
County Council Members who are not elected onto Planning Committee may attend the meeting and speak on an item, but are not able to make a proposal to grant or refuse, or to vote.
CONSIDERING PLANNING APPLICATIONS
The sequence to be followed
The Chair will announce the item which is to be dealt with next. In relation to planning applications, reference will be made to the application number, the location and basis of the proposal, the relevant local Members for the area, and the Officer recommendation.
If any Member is minded to propose deferral of an item, including to allow for the site to be visited by a Site Inspection Panel, the request should be made, with the planning reason for deferral, before any public speaking or debate on that item.
Where relevant, the Chair will offer the opportunity for Members to read any late information on an item on the 'Blue Sheets' before proceeding.
Prior to any debate, the Chair may invite Officers to provide a brief introduction to an item where this is considered to be worthwhile in view of the nature of the application. In addition the Officers may read out any prepared speech by an
Page 3 interested party for or against the application. The speech provided against any application will be read out first.
The Chair will announce that the item is open for debate and offer Members opportunity to speak and to make propositions on the item.
If any application has been subject to a Site Inspection Panel prior to the Committee, the Chair will normally invite those Members who attended, including the Local Member, to speak first.
On all other applications, the Chair will permit the Local Member(s) to speak first, should he/she/they wish to do so.
Members are normally limited to a maximum of five minutes speaking time, and the Chair will conduct the debate in accordance with Standing Orders.
Once a Member has spoken, he/she should not speak again unless seeking clarification of points arising in debate, and then only once all other Members have had the opportunity to speak, and with the agreement of the Chair.
At the conclusion of Members debate, the Chair will ask Officers to respond as appropriate to questions and points raised, including advice on any resolution in conflict with the recommendation.
Prior to proceeding to the vote, the Chair will invite or seek clarification of propositions and seconders for propositions for or against the Officer recommendation, or any other resolutions including amendments to propositions. Where a proposition is made contrary to the Officer recommendation, the Chair will seek clarification of the planning reason(s) for that proposition, in order that this may be recorded in the Minutes of the meeting. The Chair may request comment from the Legal and Planning Officer on the validity of the stated reason(s).
The Chair will announce when the debate is closed, and that voting is to follow.
The voting procedure
Before requesting Members to vote, the Chair will announce what resolutions have been made, and how the vote is to proceed. If necessary, further clarification may be sought of amendments, new or additional conditions and reasons for refusal, so there is no ambiguity over what the Committee is voting for or against.
The voting will proceed with the Chair going around all the Planning Committee members eligible to vote to ask for their verbal “For”, “Against” or “Abstain” vote. The votes will be marked down and the Chair will then announce whether that application has been approved or refused.
Page 4 Agenda Item 2
LOCAL GOVERNMENT ACT 2000
Code of Conduct for Members
DISCLOSURE AND REGISTRATION OF INTERESTS
I, (name)
a *member/co-opted member of Denbighshire County Council (*please delete as appropriate)
CONFIRM that I have declared a *personal / personal and prejudicial interest not previously declared in accordance with the provisions of Part III of the Council’s Code of Conduct for Members, in respect of the following:- (*please delete as appropriate) Date of Disclosure:
Committee (please specify):
Agenda Item No.
Subject Matter:
Nature of Interest:
(See the note below)*
Signed
Date
*Note: Please provide sufficient detail e.g. ‘I am the owner of land adjacent to the application for planning permission made by Mr Jones', or 'My husband / wife is an employee of the company which has made an application for financial assistance’.
Page 5 This page is intentionally left blank Agenda Item 4
PLANNING COMMITTEE
Minutes of a meeting of the Planning Committee held in via Video Conference on Wednesday, 11 November 2020 at 2.00 pm.
PRESENT
Councillors Ellie Chard, Ann Davies, Peter Evans, Alan James (Vice-Chair), Tina Jones, Gwyneth Kensler, Christine Marston, Melvyn Mile, Bob Murray, Pete Prendergast, Peter Scott, Tony Thomas, Joe Welch (Chair), Emrys Wynne and Mark Young
Observer – Councillor Meirick Lloyd Davies
ALSO PRESENT
Development Control Manager (PM), Planning Officer (PG), Solicitor (TD), and Committee Administrator (SLW)
1 APOLOGIES
Apologies for absence were received from Councillors Mabon ap Gwynfor, Brian Jones, Merfyn Parry and Julian Thompson-Hill
2 DECLARATIONS OF INTEREST
No declarations of interest.
3 URGENT MATTERS AS AGREED BY THE CHAIR
No urgent matters raised.
4 MINUTES
The minutes of the Planning Committee held on 2 September 2020 were submitted.
Accuracy:
Councillor Christine Marston stated on page 15 the proposal was in Welsh on the English version. Officers confirmed this would be rectified.
RESOLVED that, subject to the above, the minutes of the meeting held on 2 September 2020 be received and confirmed as a correct record.
5 APPLICATION NO.20/2020/0530/PF - GRAIG COTTAGE, GRAIGADWYWYNT
An application was submitted for the erection of a garden room and installation of a septic tank at Graig Cottage, Graigadwywynt, Ruthin.
General Discussion –
Page 7 Members expressed concern as previous planning applications on this site for a dwelling had been refused and they requested reassurance from officers that the application for a garden room with a toilet and kitchen sink would not be a step for an application for a house in the future.
Officers confirmed members needed to assess the application which was put forward to Committee and the garden room was to be used as respite for family members who shared caring responsibility for an elderly parent who resides at Graig Cottage.
Proposal Councillor Emrys Wynne proposed the application be granted in accordance with officer recommendations, seconded by Councillor Ellie Chard.
Vote – Grant – 14 Abstain – 0 Refuse – 0
RESOLVED that permission be GRANTED in accordance with officer recommendations as detailed within the report and supplementary papers.
6 APPLICATION NO. 22/2020/0544/PO - LAND AT BRIAR LEA, GELLIFOR
An application was submitted for development of 0.21 ha of land by the erection of 4 dwellings (outline application including access) at land at Briar Lea, Gellifor.
General Discussion –
Officers confirmed that the size of the dwellings were still to be determined. The minimum width of the access road was 4.8 metres and Highways had no objections.
It was also confirmed that discussions were to take place with the applicant regarding the mix of the properties proposed.
Proposal Councillor Mark Young proposed the application be granted in accordance with officer recommendations, seconded by Councillor Bob Murray.
Vote – Grant – 15 Abstain – 0 Refuse – 0
RESOLVED that permission be GRANTED in accordance with officer recommendations as detailed within the report and supplementary papers.
7 APPLICATION NO. 23/2020/0067 - CAER MYNYDD CARAVAN PARK, CAER MYNYDD FARM, SARON
Page 8 At this juncture, Vice-Chair, Councillor Alan James took on the Chair as application was in the Ward of the Chair, Councillor Joseph Welch
An application was submitted for proposed engineering works to form a fishing lake, internal pathways, car park and associated works at Caer Mynydd Caravan Park, Caer Mynydd Farm, Saron.
Councillor Joe Welch (Local Member) expressed his objections to the application.
Both the Community Council and a number of local residents had also put forward objections to the application.
Local residents had expressed concerns about the possibility of late night parties being held on the land.
Issues with the access has also been raised within the objections.
General Discussion –
Members expressed concern regarding some of the issues the Local Member had raised. Possibility of up to 30 vehicles per day accessing the site. There had been no objections from Highways. The estimation of 30 visitors a day would not significantly impact the capacity of the highway, and would equate to approximately 4 vehicle trips per hour over an 8 hour day. 10 car parking spaces were to be provided. The mains potable water supply for Saron came up through the field in question. The applicant would be responsible for contacting Dwr Cymru / Welsh Water which was outside the control of DCC. The Chapel septic tank was also outside the control of DCC Regarding concerns of noise there was separate legislation for noise disturbance under statutory nuisance. Officers confirmed that the amenity building had been demolished and there were no buildings on the application land. The reception and toilets on the caravan park would be available for visitors.
Proposal – Councillor Melvyn Mile proposed the application be granted in accordance with officer recommendations, seconded by Councillor Ellie Chard.
Vote – Grant – 12 Abstain – 0 Refuse – 3
RESOLVED that permission be GRANTED in accordance with Officer recommendations as detailed with the report and supplementary papers
Page 9 8 RESPONSE TO STATUTORY PRE-APPLICATION CONSULTATION
A Statutory Pre-Application Consultation - Elwy Solar Energy Farm – Development of National Significance was submitted.
Planning Committee had been invited to respond to the pre- application consultation on the proposed Elwy Solar Energy Farm in St. Asaph.
The Planning Development Control Manager confirmed that the pre-application was the first stage of the process. Details of the application would be dealt with further along the process.
Discussions took place and the local Member, Councillor Peter Scott, expressed his approval to the development.
Proposed by Councillor Peter Scott and seconded by Councillor Ann Davies to agree to support in principal the pre-application consultation, subject to the formal application and subject to the local impact report.
Vote – Agree – 15 Abstain – 0 Against – 0
RESOLVED that Planning Committee agree to support in principal the pre- application consultation, subject to the formal application and subject to the local impact report.
The meeting concluded at 3.35 p.m.
Page 10 Agenda Item 5
WARD : Ruthin
WARD MEMBER(S): Cllr Huw Hilditch Roberts Cllr Bobby Feeley Cllr Emrys Wynne (c)
APPLICATION NO: 02/2020/0724/ PF
PROPOSAL: Erection of 63 no. affordable dwellings together with access, open space and associated works (amended scheme)
LOCATION: Land At Glasdir Ruthin
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55.33 56.04 55.84 Page 15 black lockable gate Proposed 1.2m high metal ball top Indicative images Page 16 Page 17
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Page 32 Eitem Agenda 5 / Agenda Item 5 Page 33 Page 34 Eitem Agenda 5/Agenda Item 5 Page 35 Page 36 Eitem Agenda 5 / Agenda Item 5 Page 37 Page 38 Eitem Agenda 5 / Agenda Item 5 Page 39 Page 40 Paul Griffin WARD : Ruthin
WARD MEMBER(S): Cllr Huw Hilditch Roberts Cllr Bobby Feeley Cllr Emrys Wynne (c)
APPLICATION NO: 02/2020/0724/ PF
PROPOSAL: Erection of 63 no. affordable dwellings together with access, open space and associated works (amended scheme)
LOCATION: Land At Glasdir Ruthin
APPLICANT: Clwyd Alyn Housing Ltd.
CONSTRAINTS: C1 Flood Zone
PUBLICITY Site Notice - Yes UNDERTAKEN: Press Notice - Yes Neighbour letters - Yes
REASON(S) APPLICATION REPORTED TO COMMITTEE: Scheme of Delegation Part 2
Recommendation to grant / approve – 4 or more objections received
CONSULTATION RESPONSES: RUTHIN TOWN COUNCIL: “The Town Council’s comments were that it welcomes the affordable housing provision as Members are aware of the need for affordable housing by residents of the town.
Concerns regarding flooding, traffic management and potential congestion problem and the impact on the Welsh language have been addressed in the documents accompanying the amended scheme.”
NATURAL RESOURCES WALES: Do not raise an objection to the proposal, but require conditions to be imposed regarding the design and maintenance of
DWR CYMRU / WELSH WATER: No objections
CLWYD POWYS ARCHAEOLOGICAL TRUST No objections
DENBIGHSHIRE COUNTY COUNCIL CONSULTEES – - Highways Officer “No objections: Highways Officers have given consideration to the following elements of the proposals;
• Capacity of existing network • Accessibility • Site access • Site Layout
Page 41
The following information has been reviewed as part of the assessment of the proposals;
• Site Plans • Transport Statement • Construction Traffic Management Plan
Having regard to the submitted details it is considered that sufficient information has been submitted.
Capacity of Existing Network
Criteria viii) of Policy RD 1 advises that proposals should not have an unacceptable effect on the local highway network as a result of congestion, danger and nuisance arising from traffic generated and incorporates traffic management/calming measures where necessary and appropriate.
As per typical guidance, a future assessment year of 2026 was adopted for the Transport Assessment (i.e. based on the anticipated year of opening of the development + 5 years for developments outside of the strategic road network). The capacity assessments were undertaken for 2026. The number of vehicular trips as a result of the proposed development has been estimated to be 32 two-way trips during the am peak hour and 30 two-way trips during the pm peak hour. The additional traffic generated by the proposed development is unlikely to have a material impact on the operation or safety of the local highway network.
Local residents along with the Community Council raised concerns in regards to potential queuing at the proposed access along the A525 Ruthin North Link Road during school drop off/pick up hours. As a result, the proposed access along the A525 Ruthin North Link Road will be designed to be left turn only. Drivers intending to travel east along the A525 Ruthin North Link Road will have to use the nearby Denbigh Road / Ruthin North Link Road roundabout. This is to be enforced by appropriate signing and road marking.
Having regard to the scale of the proposed development, the existing highways network and the submitted highways details, it is considered that the proposals would not have an unacceptable impact on the local highways network in terms of capacity.
Accessibility
At 8.7.1 Planning Policy Wales (PPW) specifies that when local planning authorities determine planning applications they should take account of the accessibility of a site by a range of different transport modes. TAN 18 at 6.2 states that walking should be promoted as the main mode of transport for shorter trips. Section 6.2 goes onto specify that when determining planning applications local planning authorities should;
• ensure that new development encourages walking as a prime means for local journeys by giving careful consideration to location, access arrangements and design, including the siting of buildings close to the main footway, public transport stops and pedestrian desire lines; • ensure that pedestrian routes provide a safe and fully inclusive pedestrian environment, particularly for routes to primary schools; • ensure the adoption of suitable measures, such as wide pavements, adequate lighting, pedestrian friendly desire lines and road crossings, and traffic calming;
Policy RD1 of the LDP states that development should provide safe and convenient access for disabled people, pedestrians and cyclists. Policy ASA 2 of the LDP identifies that schemes may be required to provide or contribute to the following;
• Capacity improvements or connection to the cycle network; • Provision of walking and cycling links with public transport facilities;
Page 42 • Improvement of public transport services.
A detailed assessment of the accessibility of the site by non-car modes of transport has been provided in the Transport Assessment. As summarised in the assessment, the site is considered to be well served by all major non-car modes of transport.
Pedestrian and cycle access will be provided from the same location as the vehicular access. A cycle path will be provided on the southern section of the site, which will link onto the cycle path along the A525 Ruthin North Link Road via the cycle path provided as part of the adjacent residential and will also link onto the recently upgraded footway running adjacent to the Ruthin Football Club pitches. In addition, the access road (including the link to Rhos Street School) will provide a 3m wide footway/cycleway on the western section of the carriageway.
Concerns have also been raised in relation to the active travel routes leading to the site. The issues previously been raised have focused on the existing crossing points over the Ruthin Link Road. Many requests were made for the introduction of controlled crossing facilities. Following these requests, Denbighshire Traffic Section assessed the route using the Active Travel (Wales) Act and other key evidence including vehicle volumes and collision data, and concluded that the introduction of controlled crossing facilities was not warranted. Improvement works to the existing pedestrian refuges along the route were undertaken during 2018/19 to ensure the existing refuges complied with the Active Travel (Wales) Act Design Guidance.
Having regard to the location of the site and existing arrangements it is considered that the proposals are acceptable in terms of accessibility and the policy requirements identified above.
Site Access
Criteria vii) of Policy RD 1 of the Denbighshire Local Development Plan (LDP) requires that developments provide safe and convenient access for disabled people, pedestrians, cyclists, vehicles and emergency vehicles. In order to comply with this requirement site accesses should meet relevant standards. Technical Advice Note 18: Transport (TAN 18) specifies at 5.11 that new junctions must have adequate visibility and identifies Annex B as providing further advice on required standards.
Vehicular access to the development will be provided from the existing access road along the A525 Ruthin North Link Road. Two separate access points will also be formed off the link road from the A525 to the primary school.
An emergency access will be provided on the north-eastern section of the site along Stryd Yr Hebog.
The proposed site layout plan also shows the potential future vehicular access along the southern boundary of the site which will be implemented as part of the development. This will provide a carriageway and footway for future development of the adjacent land.
The proposed site access arrangements demonstrate compliance with the visibility standards set out in Annex B TAN 18 and are therefore considered to be acceptable.
Site Layout (including roads, pavements, manoeuvring, lighting etc.)
Criteria vii) of Policy RD1 of the LDP states that development should provide safe and convenient access for disabled people, pedestrians, cyclists, vehicles and emergency vehicles together with adequate parking, services and manoeuvring space.
Specific design guidance is contained within the following documents;
Page 43 • Manual for Streets • Denbighshire County Council Highways and Infrastructure: Minimum Specification for the Construction of Roads Serving Residential Development and Industrial Estates • Denbighshire County Council: Specification for Highway Lighting Installations • Denbighshire County Council: General Requirement for Traffic Signs and Road Markings
The proposed site has a main internal estate road, measuring 5.5m and 4.8m in width, which is accessed from Old Ruthin Road. 2.0m footways/service margins will be provided throughout the site. In order to demonstrate that the site can be serviced sufficiently, swept path analysis of a large 4-axle refuse vehicle has been undertaken at the site access and at the turning heads within the site. The swept path analysis demonstrates that a vehicle of this size can enter the site via the site access, turn within the site at appropriate points, and exit the site in a forward gear.
Having regard to the details provided and guidance identified above, it is considered that the on-site highways arrangements are acceptable.
Having regard to the detailed assessments above, taking into consideration the capacity of the existing highway network, accessibility, site access and site layout, Highways Officers would see no reason to object to the proposed development.
Further Advice
Please be aware that in addition to planning permission the following agreements will need to be secured in order for the highways works related to the scheme to be authorised;
Highways Act 1980 Section 278/38 Combined Agreement This agreement relates to the adoption of any new highways proposed and works required to existing highways which are proposed to be improved as part of the development.”
Public Protection Officer Awaiting response – it is noted that no objections were received on the previous application
County Ecologist Awaiting response - it is noted that no objections were received on the previous application
Flood Risk Engineer: No objections. An application for Sustainable Approving Body (SAB) approval has been made in relation to the surface water drainage of the site and the SAB anticipates being able to grant approval. The site will remain under the control of a housing association in perpetuity and the maintenance of the surface water drainage systems, other than those which form part of the adopted highway, will be carried out by the housing association. The Drainage strategy is considered acceptable and flood risk/impacts can be managed adequately.
Strategic Housing & Policy Officer: No objections
Tree Specialist: Awaiting response - it is noted that no objections were received on the previous application
RESPONSE TO PUBLICITY:
In objection Representations received from: Leanne and Andrew Lewis, 24 Stryd y Barcud, Ruthin
Page 44 Mark and Gail Jepson, 70 Bro Deg, Ruthin Gareth and Rachael Rowlands-Jones, Gladwyn, Llanfair Rd.,Ruthin Matt and Eiry Green, 3 Stryd Yr Eos, Ruthin Nicola and Elliot Davies, 5 Stryd Yr Eos, Ruthin Amy and Joseph Pearson, 28 Stryd Y Barcud, Ruthin Catrin and Mervin Williams, 7 Stryd yr Eos, Ruthin Jessica and Aled Evans, 1 Stryd yr Eos, Ruthin G. and O. Thomas, 11 Stryd yr Eos, Glasdir, Ruthin Alun Pugh, Cysgod y Foel, Gellifor Elena Vardoulaki, 18 Stryd yr Alarch, Ruthin Sian Wilkinson, 6 Stryd yr Hebog, Ruthin James Chattell, 6 Stryd y Barcud, Ruthin A and A Carrington-Roberts, 14 Cae Seren, Ruthin Dafydd Hughes, 9 Bro Deg, Ruthin Dylan Roberts, Llandegla Evette Roberts, 2 Bathafarn Cottage, Ruthin
Summary of planning based representations in objection: - Principle: There is no need for additional development in Ruthin
- Flooding: The site is not suitable for development owing to flooding issues and insufficient flood defences. Water from the site will drain into the gardens of existing dwellings. Parts of the site experience significant amounts of standing water during periods of heavy rain.
- Drainage: The capacity of the foul sewers to accommodate the additional sewage is questioned.
- Highways: The development would have an unacceptable impact upon highway safety, and would result in an unacceptable increase in vehicles using the access to the school site. There is insufficient parking within the site.
- Visual amenity: The proposed dwellings are out of character with the existing development.
- Education: Insufficient capacity in the school for the increase in demand and part of the development site should be left vacant to allow the school to expand into it.
- Open space: Insufficient open space within the proposal and surrounding area for children to play.
- Ecology: The development would have a detrimental impact on the ecology of the site. Bats and hedgehogs are reported to have been seen flying around the site.
- Welsh Language: The development will have a detrimental impact on the percentage of Welsh speakers in the area, contrary to Welsh Government policy.
- Location: The site is too close to the football club, playing fields and new school.
- Residential amenity: The proposed development will have an unacceptable impact on the amenity of residents in existing dwellings, in particular those along Stryd yr Eos.
- Local Services:
Page 45 Infrastructure / local services (doctors, dentists etc.) are insufficient to accommodate the increase in demand.
Other matters raised: - Tenancy: Concerns are raised regarding where tenants will come from and whether the site is suitably located for people with mental or physical disabilities.
Neither support nor object Representations received from: Sarah Jones, 3 Haulfryn Ruthin
Summary of planning based representations: The proposal will bring much needed affordable housing to the area.
EXPIRY DATE OF APPLICATION: 06/12/2020
EXTENSION OF TIME AGREED? Yes – 18/12/20
REASONS FOR DELAY IN DECISION (where applicable):
awaiting consideration by Committee
PLANNING ASSESSMENT: 1. THE PROPOSAL: 1.1 Summary of proposals 1.1.1 The proposal seeks full planning permission for the development of 2.8ha of land adjacent to the Ruthin Link Road, by way of the erection of 63 affordable dwellings.
1.1.2 The proposed development would provide a mix of detached, and semi-detached, dwellings and bungalows, comprising the following mix:
8 x one-bed apartments, 20 x two-bed dwellings, 6 x two-bed bungalows, 25 x three-bed dwellings, and 4 x four-bed dwellings.
1.1.3 Informal open amenity space would be created in the northern part of the site, along with pedestrian and cycle links to the existing Glasdir estate.
1.1.4 A scheme of landscaping is proposed across the whole site, which includes the translocation of a hedge that is proposed to be removed from the centre of the site.
1.1.5 Surface water drainage is proposed to be dealt with by connecting to the existing storm water sewer within the Glasdir estate. The proposal includes storage for storm water of up to the 1 in 100 year return period (plus climate change effects). This would be located in the lower northern part of the site. The surface water drainage system would also include various SuDS features (swales etc.) to retain water prior to its runoff exiting the site.
1.1.6 Foul drainage is to be dealt with via connection to the mains sewer system in the existing Glasdir estate.
1.1.7 3 trees and one hedgerow would need to be removed to facilitate the development of the site. The hedge would be relocated to the southern boundary of the site, and compensatory tree planting is proposed as part of the landscaping scheme.
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1.1.8 The plans at the front of the report show the proposed layout and typical design of dwellings.
1.2 Other relevant information/supporting documents in the application 1.2.1 Along with the plans, a number of documents have been submitted in support of the application:-
* Planning, Design & Access Statement * Pre Application Consultation Report * Ecological appraisal * Arboricultural Impact Assessment * Transport Statement * Drainage Strategy * Traffic Noise Assessment * Construction Method Statement * Welsh Language Impact Assessment * Landscape details * Hydraulic Modelling Report * Flood Consequence Assessment (with addendum)
1.3 Description of site and surroundings 1.3.1 The Glasdir site is located to the south / south east of the town’s northern link road.
1.3.2 Its eastern boundary is with the existing Glasdir housing estate; its southern boundary is with the town’s football and cricket fields, and the western boundary is with the new Ysgol Rhos Street / Penbarras School and associated car park.
1.3.3 The site is relatively flat, but does slope gently downwards from south-west to north east, resulting in the lowest part being in the northern corner of the site.
1.3.4 The site is presently in part use as a contractor’s car park/site contractor’s compound in connection with the building works on the final phase of the Taylor Wimpey Glasdir development. Beyond this the site is rough grassland with an overgrown hedgerow running through the centre of the site and along part of the western boundary.
1.3.5 There are two water courses in close proximity to the site. To the north, coming from the west, is the Mwrog Street Flood Relief Channel (FRC) which crosses under the Ruthin North Link Road and heads in a northerly direction. This watercourse comes within approximately 30m of the western boundary of the proposal site. The River Clwyd is situated approximately 300m to the east of the site.
1.4 Relevant planning constraints/considerations 1.4.1 Ruthin is an identified Lower Growth Town in the Local Development Plan, and the land which is the subject of the application is part of a larger area annotated as a Housing Allocation or housing commitment, subject to Policy BSC1.
1.4.2 The northern part of the site is partially within a C1 flood zone, with the remaining element (where dwellings are proposed) is classed as being within a B flood zone.
1.5 Relevant planning history 1.5.1 The principle of residential development at Glasdir was established through an outline permission in 2005, and a reserved matters approval for 178 dwellings in 2006.
Page 47 1.5.2 There have been previous applications granted for substitutions of dwelling types in 2009 and 2010, primarily to facilitate the early construction of the agreed number of affordable units within that phase of the development.
1.5.3 Consent was granted in 2016 for the development of the site to the west for a new primary school.
1.5.4 Members may recall that planning permission for the development of this site by way of 77 affordable dwellings has previously been refused on design and layout grounds, primarily. Details of this application are included in section 2 of this report.
1.6 Developments/changes since the original submission 1.6.1 None
1.7 Other relevant background information 1.7.1 The application has been made following extensive discussions with representatives of the Local Planning Authority. The purpose of the discussions were to understand what amendments to the previous application would be required to make it more acceptable. To this end, a parcel of land adjacent to the school has been omitted from the scheme, potentially leaving it available for the school to expand its grounds into. The layout of the site has also been modified, the design of the dwellings simplified, and a different palette of materials used.
2. DETAILS OF PLANNING HISTORY: 2.1 02/2004/1059 Development of 13 hectares (32 acres) of land for residential purposes, new primary school, associated open space, highways and drainage infrastructure (outline application) GRANTED 01/09/2005
2.2 02/2005/1025 Details of site design brief submitted in accordance with condition no.7 of planning permission code no. 02/2004/1059/PO GRANTED 01/11/2006
2.3 02/2005/1197 Details of phasing of development (condition 3), landscape and ecological/biodiversity information (condition 6(a)), drainage strategy (condition 6(b)), and link proposals for pedestrians and cyclists (condition 6(c)) GRANTED 20/11/2006
2.4 02/2006/0638 Details of soil survey submitted in accordance with condition no. 16 of planning permission code no. 02/2004/1059/PO GRANTED 22/08/2006
2.5 02/2006/0900 Details of siting, design, external appearance, landscaping and means of access of 178 dwellings comprising Phase 1 of residential development previously approved under outline planning permission code no. 02/2004/1059/PO GRANTED 08/11/2006.
2.6 02/2016/0422 Demolition of existing farmhouse and associated outbuildings, and construction of new school accommodating two primary schools with associated external works, including formation of new vehicular and pedestrian accesses, improvements to existing footpath GRANTED 14/09/2016.
2.7 02/2019/0895 Erection of 77 no. affordable dwellings together with access, open space and associated works. Refused 11/03/2020 for the following reason: “It is the opinion of the Local Planning Authority that the proposed development fails to respect the site and its surroundings in terms of layout, form and character, insofar as it would
Page 48 appear visually segregated from and at odds with the detailing of the established adjacent Glasdir housing development. The proposed design approach is considered likely to result in an incongruous development departing unacceptably from the design principles established throughout the existing Glasdir housing development. It is therefore considered that the proposals are in conflict with adopted Denbighshire Local Development Plan policy RD1 Sustainable Development and Good Standard Design (criteria i), and advice as contained in SPG Residential Development Design Guide, TAN 12 Design and Planning Policy Wales 10.”
3. RELEVANT POLICIES AND GUIDANCE: The main planning policies and guidance are considered to be:
3.1 Local Policy/Guidance Denbighshire Local Development Plan (adopted 4th June 2013) Policy RD1 – Sustainable development and good standard design Policy RD5 – The Welsh language and the social and cultural fabric of communities Policy BSC1 – Growth Strategy for Denbighshire Policy BSC3 – Securing infrastructure contributions from Development Policy BSC4 – Affordable Housing Policy BSC11 – Recreation and open space Policy VOE1 – Key Areas of Importance Policy VOE5 – Conservation of natural resources Policy VOE6 - Water management Policy ASA1 – New transport infrastructure Policy ASA3 – Parking standards
3.2 Supplementary Planning Guidance Supplementary Planning Guidance Note: Access for all Supplementary Planning Guidance Note: Planning Obligations Supplementary Planning Guidance Note: Affordable Housing Supplementary Planning Guidance Note: Residential Development Supplementary Planning Guidance Note: Residential Space Standards Supplementary Planning Guidance Note: Conservation and Enhancement of Biodiversity Supplementary Planning Guidance Note: Trees and Landscaping Supplementary Planning Guidance Note: Listed Buildings Supplementary Planning Guidance Note: Archaeology Supplementary Planning Guidance Note: Planning and the Welsh Language
3.3 Government Policy / Guidance Planning Policy Wales (Edition 10) December 2018 Development Control Manual November 2016 Technical Advice Notes
TAN 1 Joint Housing Land Availability Studies (2015) TAN 2 Planning and Affordable Housing (2006) TAN 5 Nature Conservation and Planning (2009) TAN 11 Noise (1997) TAN 12 Design (2016) TAN 15 Development and Flood Risk (2004) TAN 16 Sport, Recreation and Open Space (2009) TAN 18 Transport (2007) TAN 20 Planning and the Welsh Language (2017)
Circulars
3.4 Other material considerations
4. MAIN PLANNING CONSIDERATIONS:
Page 49 In terms of general guidance on matters relevant to the consideration of a planning application, Section 9.1.2 of the Development Management Manual (DMM) confirms the requirement that planning applications ‘must be determined in accordance with the approved or adopted development plan for the area, unless material considerations indicate otherwise'. It advises that material considerations must be relevant to the regulation of the development and use of land in the public interest, and fairly and reasonably relate to the development concerned. The DMM further states that material considerations can include the number, size, layout, design and appearance of buildings, the means of access, landscaping, service availability and the impact on the neighbourhood and on the environment (Section 9.4).
The DMM has to be considered in conjunction with Planning Policy Wales, Edition 10 (December 2018) and other relevant legislation.
The following paragraphs in Section 4 of the report therefore refer to the policies of the Denbighshire Local Development Plan, and to the material planning considerations which are considered to be of relevance to the proposal.
4.1 The main land use planning issues in relation to the application are considered to be:
4.1.1 Principle 4.1.2 Density of Development 4.1.3 Mix of dwelling types 4.1.4 Affordable Housing 4.1.5 Visual amenity/site layout/design 4.1.6 Residential Amenity 4.1.7 Ecology 4.1.8 Drainage (including flooding) 4.1.9 Highways (including access and parking) 4.1.10 Impact on Welsh Language and Social and Cultural Fabric 4.1.11 Archaeology 4.1.12 Education 4.1.13 Open Space 4.1.14 Trees
Other matters
4.2 In relation to the main planning considerations: 4.2.1 Principle Policy BSC 1 states that new housing within the County is required to meet the needs of local communities and to meet projected population changes. In order to meet these needs the Local Development Plan has made provision for approximately 7,500 homes up to 2021.
The site is allocated for housing development in the Denbighshire Local Development Plan, and the application proposes the development of the entire site for residential purposes. Its development would make a positive contribution to meeting identified housing needs.
It should also be noted that the Denbighshire County Council Corporate Plan (2017- 2022) commits the Council to supporting the development of 1000 homes in the county over the next 4 years. This proposal would make a noticeable contribution to meeting that target.
Objections have been received in relation to the principle and need for additional housing in this location. The Strategic Housing & Policy Officer does not raise any objection and comments that the principle of development is already established given its allocation within the Local Development Plan, and that the housing market assessment for the area identifies a significant need for this type of development.
Page 50 Based on the information provided, evidence available and the responses of the consultees, it is considered that the proposal is acceptable in principle, subject to due assessment of the localised impacts.
4.2.2 Density of Development Policy RD1 test ii) states that a minimum density of 35 dwellings per hectare (dpa) should be achieved in order to ensure the most efficient use of land, and that these minimum standards should be achieved unless there are local circumstances that dictate a lower density.
The site area in this instance is approximately 2.5 hectares. The proposal is for the erection of 63 dwellings. This represents a density of 25 dwellings per hectare (dph).
By comparison, the existing Glasdir development is currently being built out to approximately 29 dwellings per hectare.
Having regard to the layout and relationship between dwellings within the site and nearby properties, the nature of development in the locality, and the constraints of the site, the density of the development is considered acceptable.
4.2.3 Mix of dwelling types The main Local Development Plan Policy which refers to housing type and mix in new development is Policy BSC 1. The policy seeks to make provision for new housing in a range of locations, concentrating development within development boundaries of towns and villages, and sets out an expectation on developers ‘to provide a range of house sizes, types and tenure to reflect local need and demand and the results of the Local Housing Market Assessment’.
The LHMA identifies a desirable split of house types on larger developments across the county, however this is in relation to open market housing. The application is for 100% affordable, so the recommended mix in the LHMA is not relevant to this application. However, it is important that the mix of dwellings broadly reflects the affordable housing need in the area.
Factually, the proposal is for the erection of 63 detached/semi-detached/terraced houses, comprising a mix of:-
8 x one-bed apartments, 20 x two-bed dwellings, 6 x two-bed bungalows, 25 x three-bed dwellings, and 4 x four-bed dwellings.
This equates to the following proportions: 54% 1&2 bed 40% 3 bed 6% 4 bed
The Tai Teg Register and SARTH register (which together detail as accurately as possible the affordable housing need in an area) indicate that there is the greatest need for affordable units offering 1, 2 and 3 beds.
The Strategic Housing & Policy Officer has reviewed the application and welcomes the mix of dwelling types as being commensurate to the affordable housing need in Ruthin.
Having regard to the above, it is considered that the proposals would provide for an appropriate mix of dwellings, consistent with the intentions of Policy BSC 1.
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4.2.4 Affordable Housing Policy BSC 1 of the Local Development Plan states that developers will be expected to provide a range of house sizes, types and tenures to reflect local need and demand.
Policy BSC3 of the local development plan sets the basic requirement for development to contribute where relevant to the provision of infrastructure including affordable housing, in line with Policy BSC4.
Policy BSC 4 seeks to ensure, where relevant, 10% affordable housing either on site on developments of 10 or more residential units or by way of a financial contribution on development of less than 10 residential units. The policy states, proposals for 100% affordable housing sites will only be considered on sites of 10 units or less.
There is detailed guidance in the Affordable Housing Supplementary Planning Guidance on the approach to provision and demand.
Planning Policy Wales (PPW 10) paragraph 4.2.25 states that a community’s need for affordable housing is a material planning consideration which must be taken into account in formulating development plan policies and the determination of planning applications. Paragraph 4.2.29 states that where development plan policies make clear that an element of affordable housing is required on specific sites, this will be a material consideration.
The proposal is for 100% affordable housing, which exceeds the recommended threshold of 10% of the number of dwellings on a development in excess of 10 units under Policy BSC4. To balance this conflict, the proposal would ensure an allocated housing site is utilised to provide much needed smaller, good quality self-contained social housing, which meets local housing need whilst meeting regeneration aims. The Council has supported other 100% affordable schemes in recent times on the basis that good quality affordable housing is being provided to meet an identified local housing need.
The development will also support Denbighshire’s Corporate Plan priority of Housing – Everyone is supported to live in homes that meet their needs and contributes to Denbighshire’s Housing Strategy 2016-2021 of delivering affordable, quality accommodation to meet the residents of Denbighshire’s changing housing needs.
From a Strategic Housing perspective, smaller two and three bedroom family type housing is sought in the area. The dwellings proposed will include a range of affordable tenures from rent to own, intermediate rent and affordable social rent, using the SARTH register and Tai Teg to source tenants.
In cases where the applicants are a Registered Social landlord/housing association, and the development is funded/part funded by the Welsh Government and/or Denbighshire County Council, with a stipulation of grant funding being that the dwellings are for affordable purposes, in line with advice in TAN 2, the Council consider that there is no need to secure the provision of affordable housing through a legal agreement.
It is further worth noting that under Right to Buy legislation, 69 social properties were sold in Ruthin from 1981 – 2016 (when the scheme ended). During the period 2004 – 2009 a total of 54 affordable dwellings have been provided in Ruthin. These have comprised of 22 x assisted home ownership, 27 x social rent, 1 x mortgage rescue and 2 x Learning Difficulty schemes. The affordable dwellings brought forward since 2004 have not replaced all the social stock lost under Right to Buy, so the scheme proposed by Clwyd Alyn would make a large contribution towards replenishing that stock and meeting the current housing need in the area.
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In Officers’ opinion, the proposals merit support given the benefits they offer in relation to affordable housing provision.
4.2.5 Visual amenity/site layout/design Local Development Plan Policy RD 1 test (i) requires due regard to issues of siting, layout, form, character, design, materials, aspect, microclimate and intensity of use of land / buildings and spaces between buildings, which are matters relevant to the visual impact of development; test (vi) requires that development does not unacceptably affect prominent public views into, out of, or across any settlement or area of open countryside; test (vi) requires the incorporation of existing landscape or other features, takes account of site contours, and changes in levels and prominent skylines; and test (xiii) requires the incorporation of suitable landscaping measures to protect and enhance development in its local context.
A Site Development Brief was prepared for the Glasdir site in 2004. This offers prescriptive suggestions as to how the site should be developed in terms of fenestration treatments, boundary treatments, layout, form and materials.
Individual representations have been received in relation to the appearance and design of the proposed development.
A range of house types/designs have been proposed, along with a scheme of landscaping. A mix of materials is proposed – brick, natural stone, render, timber cladding and slate. Boundary treatments are a mix of panel fencing, walls, and black metal railings. Elevations and street scene elevations are shown at the front of this report.
The development would be seen within the context of the existing development to the north. It would be set at a lower level than the link road from which access to the site is achieved. There is a strip of landscaping between the site and the link road which is in the ownership of the Council, and is planted with maturing hedgerow / trees. From the main public vantage point (i.e. the link road) the key visible features would be the landscaped open space area to the north of the site.
The applicants have tried to address the previous reasons for refusal, and simplified some of the designs of the dwellings, and removed the larger apartment block from the scheme. The Applicants have commented that the design is primarily focused on achieving ‘Innovative Housing Project’ (IHP) status and has been subject to a Design Committee review (which is a compulsory part of the IHP application process).
In Officers’ opinion the individual design of dwellings and the manner in which they relate to each other within the site is considered broadly acceptable. The design approach in the existing Glasdir housing development takes its lead from the Site Development Brief. Opportunities to view the proposed site and the existing site within the same vista are limited primarily to the link road when travelling in a northerly direction, from within the proposed open space area, and when approached on the public footpath from the south. It was considered that the previous scheme would have resulted in a discordant division between the existing development and the proposed development. By amending the site layout, rearranging the position of dwelling types, and introducing a palette of materials more akin to that on the existing development, the applicants have sought to overcome previous concerns.
Due to flood mitigation measures, the finished floor levels of the dwellings are proposed to be set at around a minimum of 54.17 AOD. The existing dwellings nearest the site (i.e. those along Stryd yr Ehedydd, Stryd yr Eos and Stryd y Wylan) have surveyed finished floor levels ranging from 53.43 AOD and 55.02 AOD.
Page 53 In terms of layout there are no vehicular connection routes between the proposed site and the existing development, but there is a public footpath proposed to link the two sites from the public open space to Stryd yr Hebog. To the north of the site there would be a sense of connectivity with the existing development, towards the south of the site (along the eastern boundary) previous concerns regarding the two sites appearing segregated have been overcome by keeping boundaries open where practical.
Whilst it is considered that the development would still appear ‘different’ to the existing site, this in itself is not a justifiable reason to resist the proposal. The site, as viewed from the main road, would be set at a lower level than and set back from the highway, and there is potential for a reasonable amount of landscaping along the road frontage which would serve to soften the appearance of the development. Ultimately, these matters have to placed in the balance when weighing the merits of the application. In Officers opinion the revised scheme has adequately addressed design concerns and reason for refusal of the previous scheme.
4.2.6 Residential Amenity Local Development Plan Policy RD 1 test (i) requires due regard to issues of siting, layout, form, character, design, materials, aspect, microclimate and intensity of use of land / buildings and spaces between buildings, which touch on the potential for impact on residential amenity; test (vi) sets the requirement to assess the impact of development on the amenities of local residents, other land and property users, or characteristics of the locality, in terms of increased activity, disturbance, noise, dust, fumes, litter, drainage, light pollution, etc..
Supplementary Planning Guidance ‘Residential Development Design Guide’ offers guidance on what are separation distances are usually considered acceptable in residential developments.
Concern has been raised locally regarding the impact of the development on the amenity of existing dwellings.
The Public Protection Officer has been consulted and has raised no objections to the proposal.
The layout of the site and its relationship to the existing dwellings can be seen at the front of the report. The closest point between the proposed development and the existing dwellings would be along the eastern boundary. The plans indicate that a minimum rear to front, and rear to rear separation distance of 21 metres is achieved in all cases, with one exception. In this instance, it is noted that the rear elevation of a bungalow would be 13 metres from an existing dwelling on Stryd yr Eos. However, given the fenestration of the proposed bungalow, its height, orientation in relation to the adjacent dwelling and the proposed boundary treatment, it is not considered that this distance is unacceptable. Where dwellings side on to others, the distance is in excess of the guidance of 15 metres. In officers’ opinion, the separation distances accord with the guidance in Supplementary Planning Guidance and are therefore acceptable.
The dwellings/apartments have all been designed to be compliant with DQR standards, and space standard guidance as contained in SPG Residential Space Standards. It is therefore considered that the dwellings and apartments all offer sufficient amenity standards for future occupants.
The site is located adjacent to a primary school and a main road. A noise assessment has therefore been submitted to assess the impacts of these ‘features’ on the amenity of the proposed dwellings. This has been assessed by the Council Public Protection Officer who concurs with the findings and raises no objections.
Page 54 Having regard to the detailing of the development, the relationship and distances of the dwellings to each other and to properties in close proximity to the site, Officers’ opinion is that there would be no adverse residential amenity impacts.
4.2.7 Ecology Local Development Plan Policy RD 1 test (iii) requires development to protect and where possible to enhance the local natural and historic environment.
Policy VOE 5 requires due assessment of potential impacts on protected species or designated sites of nature conservation, including mitigation proposals, and suggests that permission should not be granted where proposals are likely to cause significant harm to such interests.
This reflects policy and guidance in Planning Policy Wales (Section 6.4), current legislation and SPG 18 – Nature Conservation and Species Protection, which stress the importance of the planning system in meeting biodiversity objectives through promoting approaches to development which create new opportunities to enhance biodiversity, prevent biodiversity losses, or compensate for losses where damage is unavoidable.
Planning Policy Wales (PPW) 10 sets out that “planning authorities must seek to maintain and enhance biodiversity in the exercise of their functions. This means that development should not cause any significant loss of habitats or populations of species, locally or nationally and must provide a net benefit for biodiversity” (para 6.4.5 refers). PPW also draws attention to the contents of Section 6 of the Environment (Wales) Act 2016, which sets a duty on Local Planning Authorities to demonstrate they have taken all reasonable steps to maintain and enhance biodiversity in the exercise of their functions. It is important that biodiversity and resilience considerations are taken into account at an early stage when considering development proposals (6.4.4).
The Development Management Manual advises at paragraph 9.4.3 that material considerations must be fairly and reasonably related to the development concerned, and can include the number, size, layout, design and appearance of buildings, the means of access, landscaping, service availability and the impact on the neighbourhood and on the environment; and the effects of a development on, for example, health, public safety and crime. The ecological impacts of development should therefore be regarded as a potential material consideration.
Concern has been raised locally regarding the potential impact on the ecology of the site.
An ecological survey and habitat survey has been submitted with the application and Natural Resources Wales (NRW) and the County Ecologist have been consulted. No objections have been raised to the proposal in respect of the sites biodiversity. The County Ecologist has requested that planning conditions are attached to any permission to prevent the introduction of invasive species into the site, to control the external lighting on the site to ensure there are no negative impacts upon bat flight paths, mitigation for hedgehogs on the site, provision of bat and bird friendly features and a revised planting schedule to ensure an improved density for the translocated hedge. With regard to the loss of the three trees, it is considered that there is ample opportunity within the landscaping scheme to mitigate for the losses.
Having regard to the information provided and the responses of NRW and the County Ecologist, it is considered that the proposed development is acceptable in relation to impact on ecology, and through the imposition of planning conditions the impacts can be adequately mitigated. The development is unlikely to result in a negative impact upon biodiversity.
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4.2.8 Drainage (including flooding) Local Development Plan Policy RD 1 test (xi) requires that development satisfies physical or natural environmental considerations relating to drainage and liability to flooding.
Planning Policy Wales confirms that factors to be taken into account in making planning decisions (material considerations) must be planning matters; that is, they must be relevant to the regulation of the development and use of land in the public interest, towards the goal of sustainability. The drainage / flooding impacts of a development proposal are a material consideration.
Planning Policy Wales (PPW 10) Section 6.6.9 states ‘The adequacy of water supply and the sewage infrastructure should be fully considered when proposing development, both as a water service and because of the consequential environmental and amenity impacts associated with a lack of capacity’.
Concern has been raised locally in relation to the potential impacts of flooding within the site, and the potential for the development to worsen flooding off site. Concern has also been raised in relation to the capacity of the foul sewer system.
The application is accompanied by a Hydraulic Modelling Report and Flood Consequence Assessment.
In this instance, there are 3 separate elements to consider in relation to drainage and flooding – fluvial water, surface water and foul water, as reviewed below:
Fluvial Water: Planning Policy Wales (PPW 10) Section 6.6.22 to 6.6.29 identifies flood risk as a material consideration in planning and along with TAN 15 – Development and Flood Risk, which provides a detailed framework within which risks arising from different sources of flooding should be assessed. TAN 15 advises that in areas which are defined as being of high flood hazard, development proposals should only be considered where: - new development can be justified in that location, even though it is likely to be at risk from flooding; and - the development proposal would not result in the intensification of existing development which may itself be at risk; and - new development would not increase the potential adverse impacts of a flood event.
The site being considered is partially within the C1 and B Flood Zones as defined in the Development Advice Map referred to in TAN 15, and is shown to be partially located in the 1% (1 in 100) and 0.1% (1 in 1000) annual probability event (AEP) flood outlines on the NRW Flood Risk Map.
TAN 15 states that development in C1 Zones should only take place subject to the application of the justification test, including the acceptability of consequences. The tests are:
i) Its location in zone C is necessary to assist, or be part of, a local authority regeneration initiative or a local authority strategy required to sustain an existing settlement1; or,
ii) Its location in zone C is necessary to contribute to key employment objectives supported by the local authority, and other key partners, to sustain an existing settlement or region;
and,
Page 56 iii) It concurs with the aims of PPW and meets the definition of previously developed land (PPW fig 2.1); and,
iv) The potential consequences of a flooding event for the particular type of development have been considered, and in terms of the criteria contained in sections 5 and 7 and appendix 1 of TAN 15 found to be acceptable.
In assessing compliance with the above tests, it should be noted that they apply to both forward planning (i.e. the allocation of sites in Development Plans) and decision making (i.e. determining planning applications). Considerable weight is therefore given to the fact that the site is allocated for housing development in the Local Development Plan and as such the principle of highly vulnerable development in this C1 flood zone has been assessed as part of the scrutiny process in developing the Local Development Plan, and found to be acceptable. It is therefore considered that as an allocated site it represents a local authority strategy to help sustain Ruthin. The proposal is considered broadly compliant with tests i) and iii) of TAN 15 paragraph 6.2 and is justified in this location.
The final test (iv) relates to the assessment of the consequences of flooding on the site and surrounding area and whether it can be managed down to a level which acceptable for the nature/type of development proposed, including its effects on existing development.
TAN 15 advises that where development is justified, the assessment can be used to establish whether suitable mitigation measures can be incorporated within the design to ensure that development is as safe as possible and there is:
- minimal risk to life; - minimal disruption to people living and working in the area, - minimal potential damage to property; - minimal impact of the proposed development on flood risk generally; and, - minimal disruption to natural heritage.
TAN 15 goes on to state that before deciding whether the development can take place an assessment, which examines the likely mechanisms that cause the flooding, and the consequences on the development of those floods, must be undertaken, which is appropriate to the size and scale of the proposed development.
Sources of fluvial flooding have been identified as being the Afon Clwyd located approximately 230m east of the site, and the Mwrog Street Flood Relief Channel which flows immediately north-west of the site. The Mwrog Street FRC is culverted in a number of places, and these structures are considered potentially critical to flood risk.
In order to assess the impact of flooding, the developer has commissioned and submitted a Hydraulic Modelling Report and Flood Consequence Assessment (which includes mitigation measures intended to make the impacts acceptable).
The following mitigation measures are proposed: - Finished floor levels to be set at 300mm above extreme flood levels (approximately 54.17m AOD and greater – creating a freeboard of 800mm above the estimated River Clwyd blockage and breach flood level). - Flood Water Storage areas (for fluvial water and surface water) to be created to north east of the site, with landscape bund along its north-eastern edge. - Wet and dry swales acting as SuDS across the site.
The Flood Consequence Assessment assesses the risk of flooding from all sources (fluvial, surface water, ground water and sewer). It concludes that:
Page 57 “The risk of flooding from all sources has been assessed, assisted by hydraulic modelling of the nearby Mwrog Street Flood Relief Channel (FRC). The site is shown to be flood free from the Afon Clywd and Mwrog Street Flood Relief Channel during the following events:
1% AEP plus 70% CC event; 0.1% AEP event and the 1% AEP plus 30% CC event.
The site is also shown to be flood free when considering a 95% blockage of the Afon Clwyd flood relief culverts coinciding with a 0.1% AEP event.
The site is flood free during a 67% blockage of the culverts along the Mwrog Street FRC coinciding with the 1% AEP plus 30% CC event.
The 67% blockage event is considered the design event given the maintenance scheme associated with the culverts; the telemetry warning system; and, design of the trash screen.
A residual risk of flooding arises from the following events: 1% AEP plus 30% CC event coinciding with a 95% blockage of the Llys Famau culvert; 0.1% AEP event coinciding with a 67% blockage of the Llys Famau culvert; 0.1% AEP event coinciding with a 67% blockage of the Ruthin North Link Road culvert and the removal of the raised pedestrian school access walkway..”
NRW have responded that it does not object to the proposal subject to conditions being imposed to secure: . a detailed management and maintenance plan for the proposed flood defence bund and Flood Storage Area outlet pipe . detailed engineering drawings for the proposed flood defence bund, which show how the risk of failure have been minimised, and . detailed drawings for the proposed Flood Storage Area and associated outlet pipe, showing how the impacts on flood risk elsewhere have been managed to an acceptable level.
NRW have noted that the predicted velocity of flood water in a flood event would exceed the advisory speeds indicated in TAN 15 (A1.15) in certain locations on the site during a 1 in 1000 year flood event, with a 67% blockage event and the pedestrian walkway for the adjacent school site being removed.
The applicants have provided further information on this including a flood evacuation plan which shows that in the extreme event outlined above, the velocity of flood water is acceptable around the dwellings and main structures. The flood water velocity only exceed the guidelines in TAN 15 A1.15 in areas which are away from dwellings. The evacuation plan shows that the dwellings can achieve a safe access and egress from floodwaters.
This has been discussed with the Councils Flood Risk Engineer and it should be noted that: a) the velocity rates in TAN 15 are only guidance. b) the flood event in which the velocity rates would exceed the guidelines in TAN 15 is a 1 in a 1000 event, with a significant blockage, and most importantly, the removal of the adjacent school’s raised walkway. In respect of the walkway it is difficult to envisage a situation where it would be removed – it is council owned, provides emergency access/egress to the school, and would most likely require the consent of NRW to be removed due to its flood risk function.
Page 58 c) The purpose of table A1.15 in TAN 15 is to offer guidance on acceptable flood water velocity so as to limit the potential risk to human life and property. TAN 15 stresses that it is not prescriptive and that each site must be assessed on its own characteristics. Where the flood water velocity would exceed the guidelines (in a 1:1000 event, with 67% blockage and the school walkway having been removed) is away from the dwellings – therefore it is highly unlikely to present a risk to human life or property.
On the basis of the above considerations, Officers are satisfied that the proposal meets the aims of TAN 15 – which is to minimise the risk and impact of flooding to an acceptable level. The flood impact of a 1:1000 event with 67% blockage and the school walkway being removed is acceptable.
It should further be noted, that outside of the 1:1000 event, the development of this site, and the flood water infrastructure proposed will also lessen the impact of flooding on the existing Glasdir estate. There is therefore a degree of betterment with this current proposal.
Surface Water: The implications and impact of surface water during a flood event have been taken into account as part of the FCA and the Council’s Flood Risk Engineer raises no objections to the principle of flood water entering the surface water system.
With regard to the approach taken to surface water drainage on site, Members will be aware that since January 2019, the Flood and Water Management Act 2010 (Schedule 3) requires that this new development incudes Sustainable Drainage Systems (SuDS). An application has been submitted to and agreed in principle by the SuDS Approval Body (SAB).
In accordance with Welsh Government guidance, surface water run-off should be disposed of according to the following hierarchy: Rainwater collected for use; into the ground (infiltration); to a surface water body; to a surface water sewer or highway drain; to a combined sewer.
A Drainage Strategy has been submitted with the application, which identifies that the need to deal with surface water drainage by connecting to the existing storm water sewer within the Glasdir Estate. This option has been chosen as it has been demonstrated that rain water harvesting alone would not accommodate all the surface water from a site of this size as the ground is not suitable for infiltration.
Highway surface water will be collected in gullies and connected to the site’s surface water drainage system. The Highway drainage system would be adopted by the Local Authority.
In terms of the general strategy and design of the surface water drainage system, the Council’s Flood Risk Engineer and Highway Officer raise no objection subject to SAB Approval being secured prior to the commencement of development. It understood that an application has been made to the SAB, and that the SAB anticipates being able to grant approval.
Foul Water: Foul sewage is proposed to be dealt with via the public sewer network, with a connection to the existing system at Glasdir indicated on the eastern boundary of the site to the rear of plots 40 and 41.
In respect of foul drainage, Dwr Cymru confirm there are no capacity issues in the public sewerage system or the treatment works in connection with the proposal to develop the site. Dwr Cymru have not raised an objection to the proposed means of foul drainage and have confirmed that they would adopt the foul sewage system. No capacity issues have been reported.
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Officers consider that sufficient information has been submitted to demonstrate that foul and surface water can be acceptably managed, and that the impacts of flood events can be adequately mitigated for. The proposals are therefore considered acceptable in relation to drainage and flooding.
4.2.9 Highways (including access and parking) Local Development Plan Policy RD 1 supports development proposals subject to meeting tests (vii) and (viii) which oblige provision of safe and convenient access for a range of users, together with adequate parking, services and manoeuvring space; and require consideration of the impact of development on the local highway network.
Policy ASA 3 requires adequate parking spaces for cars and bicycles in connection with development proposals, and outlines considerations to be given to factors relevant to the application of standards. The Parking Standards in New Developments SPG sets out the maximum parking standards for new developments
These policies reflect general principles set out in Planning Policy Wales (PPW 10) and TAN 18 – Transport, in support of sustainable development.
The Development Management Manual advises at paragraph 9.4.3 that material considerations must be fairly and reasonably related to the development concerned, and can include the number, size, layout, design and appearance of buildings, the means of access, landscaping, service availability and the impact on the neighbourhood and on the environment; and the effects of a development on, for example, health, public safety and crime. The highway impacts of development should therefore be regarded as a potential material consideration.
Concern is raised locally that the existing highway infrastructure in the area cannot cope with the additional vehicular traffic which would arise from the proposed development.
The Highway Officer’s response on the application is set out in detail in the Consultation Responses section of the report. It refers to a range of issues relating to the application including the capacity of the existing network, accessibility, the detailing of the site access, aspects of the site layout, and parking matters. The main points of relevance are:
Capacity of Existing Network
Criteria viii) of Policy RD 1 advises that proposals should not have an unacceptable effect on the local highway network as a result of congestion, danger and nuisance arising from traffic generated and incorporates traffic management/calming measures where necessary and appropriate.
As per typical guidance, a future assessment year of 2026 was adopted for the Transport Assessment (i.e. based on the anticipated year of opening of the development + 5 years for developments outside of the strategic road network). The capacity assessments were undertaken for 2026. The number of vehicular trips as a result of the proposed development has been estimated to be 32 two-way trips during the am peak hour and 30 two-way trips during the pm peak hour. The additional traffic generated by the proposed development is unlikely to have a material impact on the operation or safety of the local highway network.
Local residents along with the Community Council raised concerns in regards to potential queuing at the proposed access along the A525 Ruthin North Link Road during school drop off/pick up hours. As a result, the proposed access along the A525 Ruthin North Link Road will be designed to be left turn only. Drivers intending to travel east along the A525 Ruthin North Link Road will have to use the nearby Denbigh
Page 60 Road / Ruthin North Link Road roundabout. This is to be enforced by appropriate signing and road marking.
Having regard to the scale of the proposed development, the existing highways network and the submitted highways details, it is considered that the proposals would not have an unacceptable impact on the local highways network in terms of capacity.
Accessibility
At 8.7.1 Planning Policy Wales (PPW) specifies that when local planning authorities determine planning applications they should take account of the accessibility of a site by a range of different transport modes. TAN 18 at 6.2 states that walking should be promoted as the main mode of transport for shorter trips. Section 6.2 goes onto specify that when determining planning applications local planning authorities should;
• ensure that new development encourages walking as a prime means for local journeys by giving careful consideration to location, access arrangements and design, including the siting of buildings close to the main footway, public transport stops and pedestrian desire lines; • ensure that pedestrian routes provide a safe and fully inclusive pedestrian environment, particularly for routes to primary schools; • ensure the adoption of suitable measures, such as wide pavements, adequate lighting, pedestrian friendly desire lines and road crossings, and traffic calming;
Policy RD1 of the LDP states that development should provide safe and convenient access for disabled people, pedestrians and cyclists. Policy ASA 2 of the LDP identifies that schemes may be required to provide or contribute to the following;
• Capacity improvements or connection to the cycle network; • Provision of walking and cycling links with public transport facilities; • Improvement of public transport services.
A detailed assessment of the accessibility of the site by non-car modes of transport has been provided in the Transport Assessment. As summarised in the assessment, the site is considered to be well served by all major non-car modes of transport.
Pedestrian and cycle access will be provided from the same location as the vehicular access. A cycle path will be provided on the southern section of the site, which will link onto the cycle path along the A525 Ruthin North Link Road via the cycle path provided as part of the adjacent residential and will also link onto the recently upgraded footway running adjacent to the Ruthin Football Club pitches. In addition, the access road (including the link to Rhos Street School) will provide a 3m wide footway/cycleway on the western section of the carriageway.
Concerns have also been raised in relation to the active travel routes leading to the site. The issues previously been raised have focused on the existing crossing points over the Ruthin Link Road. Many requests were made for the introduction of controlled crossing facilities. Following these requests, Denbighshire Traffic Section assessed the route using the Active Travel (Wales) Act and other key evidence including vehicle volumes and collision data, and concluded that the introduction of controlled crossing facilities was not warranted. Improvement works to the existing pedestrian refuges along the route were undertaken during 2018/19 to ensure the existing refuges complied with the Active Travel (Wales) Act Design Guidance.
Having regard to the location of the site and existing arrangements it is considered that the proposals are acceptable in terms of accessibility and the policy requirements identified above.
Site Access
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Criteria vii) of Policy RD 1 of the Denbighshire Local Development Plan (LDP) requires that developments provide safe and convenient access for disabled people, pedestrians, cyclists, vehicles and emergency vehicles. In order to comply with this requirement site accesses should meet relevant standards. Technical Advice Note 18: Transport (TAN 18) specifies at 5.11 that new junctions must have adequate visibility and identifies Annex B as providing further advice on required standards.
Vehicular access to the development will be provided from the existing access road along the A525 Ruthin North Link Road. Two separate access points will also be formed off the link road from the A525 to the primary school.
An emergency access will be provided on the north-eastern section of the site along Stryd Yr Hebog.
The proposed site layout plan also shows the potential future vehicular access along the southern boundary of the site which will be implemented as part of the development. This will provide a carriageway and footway for future development of the adjacent land.
The proposed site access arrangements demonstrate compliance with the visibility standards set out in Annex B TAN 18 and are therefore considered to be acceptable.
Site Layout (including roads, pavements, manoeuvring, lighting etc.)
Criteria vii) of Policy RD1 of the LDP states that development should provide safe and convenient access for disabled people, pedestrians, cyclists, vehicles and emergency vehicles together with adequate parking, services and manoeuvring space.
Specific design guidance is contained within the following documents;
• Manual for Streets • Denbighshire County Council Highways and Infrastructure: Minimum Specification for the Construction of Roads Serving Residential Development and Industrial Estates • Denbighshire County Council: Specification for Highway Lighting Installations • Denbighshire County Council: General Requirement for Traffic Signs and Road Markings
The proposed site has a main internal estate road, measuring 5.5m and 4.8m in width, which is accessed from Old Ruthin Road. 2.0m footways/service margins will be provided throughout the site. In order to demonstrate that the site can be serviced sufficiently, swept path analysis of a large 4-axle refuse vehicle has been undertaken at the site access and at the turning heads within the site. The swept path analysis demonstrates that a vehicle of this size can enter the site via the site access, turn within the site at appropriate points, and exit the site in a forward gear.
Having regard to the details provided and guidance identified above, it is considered that the on-site highways arrangements are acceptable.
Having regard to the detailed assessments above, taking into consideration the capacity of the existing highway network, accessibility, site access and site layout, Highways Officers would see no reason to object to the proposed development.
Having regard to the detailed assessments above, taking into consideration the capacity of the existing highway network, accessibility, site access and site layout, Officers would see no reason to object to the proposed development on the basis of impact on highway safety/capacity, subject to appropriate conditional controls.
Page 62 4.2.10 Impact on Welsh Language and Social and Cultural Fabric The requirement to consider the needs and interests of the Welsh Language is set out in Policy RD 5 in the Local Development Plan.
Concerns have been raised over the potential impact of the development on the Welsh language.
With respect to the comments received, potential impacts of development on the Welsh language has been assessed during deliberations on the Local Development Plan. On the basis of the information submitted, in Officers’ opinion, a residential development on this site would not by virtue of its size, scale, and location give rise to significant harm to the character and language balance of the community.
4.2.11 Archaeology Local Development Plan Policy RD 1 test (iii) requires development to protect and where possible to enhance the local natural and historic environment.
Local Development Plan Policy VOE1 seeks to protect sites of built heritage from development which would adversely affect them, and requires that development proposals should maintain and wherever possible enhance them for their characteristics, local distinctiveness and value to local communities.
Planning Policy Wales (PPW 10), Section 6 ‘Distinctive and Natural Places’ recognises the need to conserve archaeological remains. The consideration of archaeological remains and their setting is a material planning consideration in determining planning applications, whether those remains are a schedules monument or not.
Section 4 of TAN 24 - The Historic Environment sets out similar considerations to be given by a local planning authority to the determination of applications involving archaeological remains, and their settings. It outlines different scenarios obliging consideration of impacts and stresses the need for submissions to include relevant surveys, studies and assessments, and mitigation proposals.
There is one recorded site on the HER within this development area (PRN 81777 – Maes Hafod Mound) which was the subject of a geophysical survey and evaluation trenching in 2003 in advance of industrial estate proposals at that time. The whole of the western field in the current application area was scanned with geophysics which produced a number of anomalies that were then investigated by trenching. The supposed mound was found to be the heavily demolished remains of a former WWI searchlight battery consisting of a robbed out foundation trench and the basal concrete floor. The remains were of low archaeological value and there would be no benefit in stripping the rest of these heavily damaged foundations. Elsewhere only post medieval drainage and pit features were located.
In 2007 a watching brief on the initial topsoil and subsoil stripping of the new residential area immediately to the north east revealed no significant archaeology.
It is clear on the LiDAR data and the latest Google Earth imagery that the NE field, adjacent to Stryd yr Ehedydd, has been heavily truncated in preparation for an access road and construction compound which are evident on the imagery. The field south of this has an access road running through it already.
Overall it is considered that the archaeological potential of the part of the remaining field that has not been investigated or developed is minimal. CPAT does not have any additional archaeological requirements in this case.
Having regard to the comments of CPAT it is considered that the proposals would not give rise to any unacceptable impacts in relation to.
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4.2.12 Education Objective 12 of Chapter 4 of the Local Development Plan identifies that the Plan will ensure that an adequate level of community infrastructure (including schools) will be provided alongside new developments. Policy BSC 3 seeks to ensure, where relevant, infrastructure contributions from development.
The Planning Obligations SPG states that Education contributions will be sought from proposed developments which comprise of 5 or more dwellings, or a site area of 0.2 hectares or more, that have the potential to increase demand on local schools. Within paragraph 13.6 of the SPG, there are exceptions set out in relation to the provision of school places based on the type of residential development proposed and the SPG states that contributions will not be sought in the following circumstances:- Housing specifically designed for occupation by elderly persons (i.e. restricted by planning condition or agreement to occupation by those over aged 55 years or more) and also 1 bed dwellings or 1 bed apartments or flats.
Concern has been raised locally regarding the capacity within the local Primary school to accommodate the additional demand for school places.
The proposed development (based on the calculations for the Planning Obligations SPG) will generate 15 new primary school pupil places and 11 secondary school pupil places.
The Strategic Housing & Policy Officer, after consulting with the Education Authority, has confirmed that at present there is sufficient capacity at the local primary and secondary schools in the area. Therefore there is not a current need for a planning contribution due to current surplus places.
4.2.13 Open Space Policy BSC 3 of the local development plan sets the basic requirement for development to contribute, where relevant, to the provision of infrastructure, including recreation and open space, in accordance with Policy BSC 11.
Policy BSC 11 specifies that all housing developments should make adequate provision for recreation and open space. All such schemes put increased demand on existing open spaces and facilities and therefore the policy applies to all developments including single dwellings.
There is no formal open space provided within the site. Based on the thresholds within adopted SPG, the entirety of the children’s play space should be provided on- site with the outdoor sport provision being met by way of a commuted sum payment. The DAS states that no on-site children’s play space is proposed as there is a new play area being provided on the adjacent site. The two sites are not linked in planning terms and whilst no on-site provision is considered acceptable, the full commuted sum payment will be required to improve other play areas in the locality to the benefit of the occupants of the development. To allow easy access to the play area on the adjacent site it is important that there are a number of clear pedestrian and cycle links between the two developments.
Assuming no on-site provision of open space, a commuted sum of £68,046.88 is required. The applicants have agreed to this and would prepare a legal agreement to provide the required sum. On that basis it is considered that the proposal complies with the requirements of Policies BSC 3 and BSC 11.
4.2.14 Trees Local Development Plan Policy RD 1 test (iii) requires development to protect and where possible to enhance the local natural environment.
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This reflects policy and guidance in Planning Policy Wales (Section 6.4), current legislation and SPG Trees and landscaping, which stress the importance of assessing the impact of a proposal on trees and for ensuring compensation for losses where damage is unavoidable.
Concern has been raised locally regarding the impact on trees and hedgerows that are present within and adjacent to the site. Specific reference has been made to the Black Poplar located adjacent to the eastern boundary, to the rear of plots 52 and 53.
An arboricultural survey has been submitted with the application which assesses the value of the existing hedgerow which is to be removed, and the impact upon the black poplar which is outside of the site boundary. The report concludes that the hedgerow, whilst being of good habitat, does not contain species of note. It is therefore proposed to translocate the hedgerow to the southern boundary of the site. With regard to the Black Poplar, it is not intended to develop within the root protection area.
In officers’ opinion, the proposals are acceptable in regard to the impact on hedgerows and trees, given the intention to translocate the hedgerow, protect the Black Poplar during construction and plant a significant amount of new trees as part of the landscaping scheme.
Other matters In regard to comments received relating to impacts on services provided / funded primarily by Welsh Government and the private sector (e.g. hospitals, doctors, dentists, police), whilst noting concerns over the adequacy / levels of services in the locality, there is no clear evidence provided in representations to show that the Glasdir development in itself would give rise to adverse impacts on delivery of these services, sufficient to merit refusal of permission. It is not considered that such matters can be afforded significant weight when determining an application for the development of an allocated housing site.
Well – being of Future Generations (Wales) Act 2015 The Well-being of Future Generations (Wales) Act 2015 imposes a duty on the Council not only to carry out sustainable development, but also to take reasonable steps in exercising its functions to meet its sustainable development (or well-being) objectives. The Act sets a requirement to demonstrate in relation to each application determined, how the development complies with the Act.
The report on this application has taken into account the requirements of Section 3 ‘Well-being duties on public bodies’ and Section 5 ‘The Sustainable Development Principles’ of the Well-being of Future Generations (Wales) Act 2015. The recommendation is made in accordance with the Act’s sustainable development principle through its contribution towards Welsh Governments well-being objective of supporting safe, cohesive and resilient communities. It is therefore considered that there would be no significant or unacceptable impact upon the achievement of well- being objectives as a result of the proposed recommendation.
5. SUMMARY AND CONCLUSIONS: 5.1 The report sets out the main planning issues which appear relevant to the consideration of the application and concludes that the proposal is acceptable, weighing up the issues with regard to relevant policies and guidance.
Page 65 5.2 As an allocated site, the principle of development is considered acceptable. The site has a number of constraints which the applicants have sought to overcome, most notably those related to drainage and flooding.
5.3 In conclusion, in weighing up all material planning considerations, Officers are of the opinion that the balance is in favour of a positive recommendation.
5.4 It is therefore recommended that Members resolve to grant planning permission subject to:-
A. Completion of a Section 106 Obligation / Unilateral Undertaking (UU) to secure an open space contribution of £68,046.88 and the adoption by the County Council of flood defence land (and associated land forms) and maintenance payment (amount to be agreed).
The precise wording of the agreement would be a matter for the legal officer to finalise. In the event of failure to complete the agreement within 12 months of the date of the resolution of the planning committee, the application would be reported back to the Committee for determination against the relevant policies and guidance at that time. The Certificate of Decision would not be released until the completion of the agreement.
B. Compliance with the following conditions:
RECOMMENDATION: GRANT- subject to the following conditions:-
1. The development to which this permission relates shall be begun no later than 16th December 2025
2. The development hereby permitted shall be carried out in strict accordance with details shown on the following submitted plans and documents unless specified as otherwise within any other condition pursuant to this permission: (i) Location Plan - Received 7 October 2020 (ii) Topographical Survey (Drawing No. B0411/3472/1) - Received 7 October 2020 (iii) Topographical Survey (Drawing No. B0411/3472/2) - Received 7 October 2020 (iv) Topographical Survey (Drawing No. B0411/3472/3) - Received 7 October 2020 (v) Site Key Plan (Drawing No. 2419-JPH-XX-00-DR-A-810) - Received 7 October 2020 (vi) 1B2P APT Type A (3 Drawings No. 101, 102 & 106) - Received 7 October 2020 (vii) 2B3P BU Type A (2 Drawings No. 601 & 603) - Received 7 October 2020 (viii) 2B3P BU Type BB (2 Drawings No. 611 & 613) - Received 7 October 2020 (ix) 2B3P Bungalow Type A (2 Drawings No. 621 & 623) - Received 7 October 2020 (x) 2B3P Bungalow (2 Drawings No. 631 & 633) - Received 7 October 2020 (xi) 2B4P Semi Detached - TYPE BA (6 Drawings No. 241, 242, 243, 244, 245 & 246) - Received 7 October 2020 (xii) 2B4P Semi Detached - TYPE BB (6 Drawings No. 251, 252, 253, 254, 255 & 256) - Received 7 October 2020 (xiii) 2B4P Semi Detached - TYPE BC (6 Drawings No. 261, 262, 263, 264, 265 & 266) - Received 7 October 2020 (xiv) 2B4P Semi Detached - TYPE BC Mirror (6 Drawings No. 271, 272, 273, 274, 275 & 276) - Received 7 October 2020 (xv) 2B4P Semi Detached - TYPE SA (6 Drawings No. 201, 202, 203, 204, 205 & 206) - Received 7 October 2020 (xvi) 2B4P Semi Detached - TYPE SA Mirror (6 Drawings No. 211, 212, 213, 214, 215 & 216) - Received 7 October 2020 (xvii) 2B4P Semi Detached - TYPE SB (6 Drawings No. 221, 222, 223, 224, 225 & 226) - Received 7 October 2020 (xviii) 2B4P Semi Detached - TYPE SB Mirror (6 Drawings No. 231, 232, 233, 234, 235 & 236) - Received 7 October 2020 (xix) 3B5P Det-BA (3 Drawings No. 301, 302 & 305) - Received 7 October 2020 (xx) 3B5P Det-BA Mirror (3 Drawings No. 311, 312 & 315) - Received 7 October 2020 (xxi) 3B5P DET-BB (3 Drawings No. 321, 322 & 325) - Received 7 October 2020
Page 66 (xxii) 3B5P Semi-BA (3 Drawing3 No. 361, 362 & 365) - Received 7 October 2020 (xxiii) 3B5P Semi-BA Mirror (3 Drawings No. 351, 352 & 355) - Received 7 October 2020 (xxiv) 3B5P Semi-BB (3 Drawings No. 371, 372 & 375) - Received 7 October 2020 (xxv) 3B5P Semi-BC (3 Drawings No. 381, 382 & 385) - Received 7 October 2020 (xxvi) 3B5P Semi-BD (3 Drawings No. 391, 392 & 395) - Received 7 October 2020 (xxvii) 3B5P Semi-SA (3 Drawings No. 331, 332 & 335) - Received 7 October 2020 (xxviii) 3B5P Semi-SB (3 Drawings No. 341, 342 & 345) - Received 7 October 2020 (xxix) TER-A (3 Drawings No. 501, 502 & 507) - Received 7 October 2020 (xxx) TER-B (3 Drawings No. 511, 512 & 516) - Received 7 October 2020 (xxxi) 4B6P Semi Detached (3 Drawings No. 401, 402 & 407) - Received 7 October 2020 (xxxii) Site Sections (2 Drawings No. 901 & 911) - Received 7 October 2020 (xxxiii) Drawing Issue Sheet - Received 7 October 2020 (xxxiv) Highway Vertical Alignment Sheet 1 (Drawing No. 20103/103 Rev A) - Received 7 October 2020 (xxxv) Highway Vertical Alignment Sheet 2 (Drawing No. 20103/104 Rev A) - Received 7 October 2020 (xxxvi) Surfacing Layout (Drawing No. 20103/105 Rev A) - Received 7 October 2020 (xxxvii) Surfacing and Kerbing Construction Details (Drawing No. 20103/107 Rev A) - Received 7 October 2020 (xxxviii) Drainage Details Sheet 1 (Drawing No. 20103/502) - Received 7 October 2020 (xxxix) Drainage Details Sheet 2 (Drawing No. 20103/503) - Received 7 October 2020 (xl) Drainage Details Sheet 3 (Drawing No. 20103/504) - Received 7 October 2020 (xli) Drainage Details Sheet 4 (Drawing No. 20103/505) - Received 7 October 2020 (xlii) Drainage Details Sheet 5 (Drawing No. 20103/506) - Received 7 October 2020 (xliii) S38 Adoptable Highway and Surface Water Layout (Drawing No. 20103/S38-1 Rev A) - Received 7 October 2020 (xliv) Proposed Adoptable Foul Drainage Layout (Drawing No. 20103/S104 Rev A) - Received 7 October 2020 (xlv) Proposed Surface Water Layout (Drawing No. DATRYS SAB-1 Rev A) - Received 7 October 2020 (xlvi) Landscape Proposals (Drawing No. 3117 / 001 Rev K) - Received 7 October 2020 (xlvii) Public Open Space (Drawing No. 3117 / 002 Rev D) - Received 7 October 2020 (xlviii) Welsh Language Impact Assessment (Document No. 201 9 148 _02) - Received 5 October 2020 (xlix) Drainage Strategy (Document No. 20103/E03 Rev. A) - Received 5 October 2020 (l) Preliminary Ecological Appraisal 3117/11 (Revised Sept 2020) - Received 5 October 2020 (li) Arboricultural Assessment 3117/11 - Received 5 October 2020 (lii) Addendum to Arboricultural Assessment 3117/11A - Received 5 October 2020 (liii) Transport Statement (Document No. LB/190370/TS/6) - Received 5 October 2020 (liv) Noise Impact Assessment - Received 8 October 2020 (lv) Flood Consequence Assessment Rev. 06 - Received 8 October 2020 (lvi) Design and Access Statement - Received 9 October 2020 (lvii) Hydraulic Modelling Report Rev. 06 - Received 9 October 2020 (lviii) Design and Access Statement - Received 12 October 2020 (lix) Pre-Application Consultation Report - Received 12 October 2020
3. Within three months of the commencement of development, a detailed scheme of hard and soft landscaping for the site shall be submitted in writing to, the Local Planning Authority, and that scheme shall include details of: (a) all existing trees, hedgerows and other vegetation on the land, details of any to be retained, and measures for their protection in the course of development. (b) proposed new trees, hedgerows, shrubs or vegetation, including confirmation of species, numbers, and location and the proposed timing of the planting; and additional species rich hedgerow planting to supplement the native species rich hedgerow (H5 in the arboricultural report, received: 5/10/2020) to be translocated to the southern boundary of the site; (c) proposed materials to be used on the driveway(s), paths and other hard surfaced areas;
Page 67 (d) proposed earthworks, grading and mounding of land and changes in levels, final contours and the relationship of proposed mounding to existing vegetation and surrounding landform; (e) proposed positions, design, materials and type of boundary treatment. (f) minor artefacts and structures (e.g. furniture, play equipment, refuse or other storage units, signs, etc.) associates with the public open space; and (g) the timing of the implementation of the planting and landscaping scheme.
The development shall only proceed in accordance with those details as approved. Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.
4. All trees and hedges to be retained (including those adjacent to the site) as part of the development hereby permitted shall be protected during site clearance and construction work by 1 metre high fencing erected 1 metre outside the outermost limits of the branch spread, or in accordance with an alternative scheme agreed in writing by the Local Planning Authority; no construction materials or articles of any description shall be burnt or placed on the ground that lies between a tree trunk or hedgerow and such fencing, nor within these areas shall the existing ground level be raised or lowered, or any trenches or pipe runs excavated, without prior written consent of the Local Planning Authority.
5. No dwellings shall be permitted to be occupied until the written approval of the Local Planning Authority has been obtained to a landscape and habitat management plan, including management company details, management responsibilities and maintenance schedules for all landscaped areas, other than privately owned domestic gardens. The landscape management plan shall be carried out as approved.
6. No dwellings shall be permitted to be occupied until the written agreement of the Local Planning Authority has been obtained to detailed proposals showing an external lighting/internal light spillage scheme, designed to avoid negative impacts on bats. The approved measures shall be implemented in full.
7. The native species rich hedgerow (H5 in the arboricultural report, received: 5/10/2020) shall be translocated to the southern boundary of the site, in accordance with the recommendations and methodology set out within that report.
8. No development shall be permitted to commence on any dwellings until the written approval of the Local Planning Authority has been obtained to details of the provision to be made within the development for features to be included for roosting bats and nesting birds, including the number, location and specification of those features. The approved details shall be implemented in full.
9. Access for hedgehogs (at least one 13cm x 13cm opening per garden) shall be made at ground level through the fencing used to separate the gardens of each property, to allow the movement of hedgehogs throughout the site.
10. No development shall be permitted to commence on any dwellings until the written approval of the Local Planning Authority has been obtained to details of a Biosecurity Risk Assessment. The development shall proceed strictly in accordance with the approved details.
11. Prior to the completion of the development, details of an Ecological Compliance Audit (ECA) for the scheme shall be submitted to and approved in writing by the Local Planning Authority. The Audit shall be completed in accordance with the submitted details.
12. The development shall proceed strictly in accordance with the approved Construction Management Plan and Construction Traffic Management Plan.
13. No development shall be permitted to commence on the external faces of the walls or roofs of any buildings until the written approval of the Local Planning Authority has been obtained to
Page 68 the details of all the materials and finishes it is proposed to use thereon, including, where relevant, the texture, type and colour of the finish. The development shall be undertaken strictly in accordance with the details approved under this condition.
14. Prior to the occupation of any of the residential dwellings, a detailed management and maintenance plan for the proposed flood defence bund and Flood Storage Area outlet pipe should be submitted to and approved by the Local Planning Authority.
15. Prior to the occupation of any of the residential dwellings, detailed engineering drawings for the proposed flood defence bund, which show how the risk of failure have been minimised, should be submitted to and approved by the Local Planning Authority.
16. Prior to the occupation of any of the residential dwellings, detailed drawings for the proposed Flood Storage Area and associated outlet pipe, showing how the impacts on flood risk elsewhere have been managed to an acceptable level, should be submitted to and approved by the Local Planning Authority.
17. Prior to the commencement of any piling works, details of the piling method to be used shall be submitted to and approved in writing by the Local Planning Authority. The piling work shall proceed in strict accordance with such approved details.
The reasons for the conditions are:-
1. To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. 2. For the avoidance of doubt and to ensure a satisfactory standard of development. 3. To ensure in the interests of visual amenity a satisfactory standard of landscaping in conjunction with the development. 4. In the interest of visual amenity and biodiversity. 5. In the interest of visual amenity and enhancing the biodiversity of the area. 6. In the interest of maintaining the favourable conservation status of protected species. 7. In the interest of preserving the biodiversity of the area. 8. In the interest of preserving ecological interests. 9. In the interest of preserving ecological interests. 10. In the interest of preserving ecological interests. 11. In the interest of preserving ecological interests. 12. To ensure suitable arrangements are in place to control construction stage works, in the interests of residential amenity and highway safety. 13. To ensure the development is served by safe and satisfactory highway arrangements. 14. In the interest of minimising flood risk. 15. In the interest of minimising flood risk. 16. In the interest of minimising flood risk. 17. In the interest of residential amenity.
NOTES TO APPLICANT:
COMPLIANCE WITH APPROVED PLANS AND CONDITIONS Please be reminded that any permission or consent must be carried out strictly in accordance with the approved plans and conditions imposed which are clearly listed on this certificate of decision. Pre- Commencement conditions should be given particular attention. Failure to do so could result in enforcement action being taken by the Local Planning Authority.
Further detailed information on how to comply along with other relevant information relating to your decision is contained in the detailed Notes to Applicant attached to this certificate which you are strongly advised to consider.
If you are in any doubt about your obligations, including any obligation you may have to pay
Page 69 commuted sums, please contact the Local Planning Authority at [email protected] quoting the reference of your planning permission.
MAJOR DEVELOPMENT NOTIFICATION OF COMMENCEMENT
Notification of Commencement of Development and Display of Site Notice The Development Management Procedure (Wales) (Amendment) Order 2016 places a duty on you to notify the Local Planning Authority of the commencement of development and to display a notice on site. You must complete and return a 'Notification of initiation of development' form and display a site notice (please find blank forms/notice attached). Further information relating to the requirements is available on the Planning pages at www.denbighshire. gov.uk or www.gov.wales/topics/planning
HIGHWAYS Please be aware that in addition to planning permission the following agreements will need to be secured in order for the highways works related to the scheme to be authorised;
Highways Act 1980 Section 278/38 Combined Agreement This agreement relates to the adoption of any new highways proposed and works required to existing highways which are proposed to be improved as part of the development.
The following matters shall be drawn to the applicant's attention as Advisory Notes.
(i) Highway Supplementary Notes Nos. 1, 2,3,4,5 & 10 (ii) New Roads and Street Works Act 1991-Part N Form (iii) Denbighshire County Council Specification for Road Construction. (iv) Denbighshire County Council General Notes for Highway Lighting Installations. (v) Denbighshire County Councils General Requirement for Traffic Signs and Road Markings.
BIODIVERSITY
In relation to the details required by condition 3 and 7: the hedgerows must include at least 7 native woody species within the proposed native hedgerow, to reflect the loss of hedgerow along the northern boundary of the site. The management of the native hedgerow must be updated to ensure it is maintained at minimum height of 2.4m and cut a maximum of once every two years.
The planting list as required by condition 3 shall not include any species listed on schedule 9 of the Wildlife and Countryside Act (1981), as amended, or species listed on the Invasive Alien Species of Union concern (EU Regulation 1143/2014 on invasive alien species).
In relation to the details required by condition 6: the lighting scheme should follow the guidance set out in Guidance Note 08/18 Bats and artificial lighting in the UK (2018) Bat conservation Trust &The Institute for Lighting Professionals. A warm white spectrum (ideally <2700Kelvin) should be adopted to reduce blue light component. Luminaires should feature peak wavelengths higher than 550nm to avoid the component of light most disturbing to bats, and luminaires adjacent to the native hedgerow and POS should be appropriately shielded to avoid light trespass into these areas. The approved measures shall be implemented in full.
GENERAL NOTE DESTRUCTION OF BIRD NESTS Works which could result in the damage or destruction of active bird nests should take place outside the of the bird breeding season (March - August, inclusive) or immediately following a nesting bird check conducted by a suitably qualified ecologist.
TREES You are advised that all works shall be carried out by a competent tree surgeon in accordance with British Standard Recommendations for Tree Work BS 3998:2010.
Page 70 ENVIRONMENTAL MANAGEMENT Any waste excavation material or building waste generated in the course of the development must be disposed of satisfactorily and in accordance with Section 33 and 34 of the Environmental Protection Act 1990. Carriers transporting waste from the site must be registered waste carriers and movement of any Hazardous Waste from the site must be accompanied by Hazardous waste consignment notes. Suitable pollution prevention measures will need to be in place during construction to minimise any risk of pollution, in particular giving the close proximity of watercourses.
In particular, we refer you to the Pollution Prevention Guidelines PPG1: Understanding Your Environmental Responsibilities - Good Environmental Practices GPP5: Works in, near or over watercourses
The Guidance are available at the following link: http://www.netregs.org.uk/environmental-topics/pollution-prevention-guidelines-ppgs-and- replacement-series/guidance-for-pollution-prevention-gpps-full-list/
Natural Resources Wales Environmental Management Note:
SUSTAINABLE DRAINAGE - SAB APPROVAL Developments of more than a single dwelling, or those involving a construction area of more than 100sq.m may be subject to the Sustainable Urban Drainage approval process. Denbighshire County Council is the appointed SuDS Approval Body, contact 01824 706901 or email [email protected]
Detailed information and advice is available on the Councils website: https://www.denbighshire.gov.uk/en/resident/planning-and-building-regulations/planning/sustainable- drainage-systems-suds/sustainable-drainage-systems-suds.aspx
DWR CYMRU/WELSH WATER Advisory Notes The applicant may need to apply to Dwr Cymru / Welsh Water for any connection to the public sewer under S106 of the Water industry Act 1991. If the connection to the public sewer network is either via a lateral drain (i.e. a drain which extends beyond the connecting property boundary) or via a new sewer (i.e. serves more than one property), it is now a mandatory requirement to first enter into a Section 104 Adoption Agreement (Water Industry Act 1991). The design of the sewers and lateral drains must also conform to the Welsh Ministers Standards for Gravity Foul Sewers and Lateral Drains, and conform with the publication ""Sewers for Adoption""- 7th Edition. Further information can be obtained via the Developer Services pages of www.dwrcymru.com.
The applicant is also advised that some public sewers and lateral drains may not be recorded on our maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist us in dealing with the proposal the applicant may contact Dwr Cymru Welsh Water to establish the location and status of the apparatus. Under the Water Industry Act 1991 Dwr Cymru Welsh Water has rights of access to its apparatus at all times.
WATER SUPPLY A water supply can be made available to serve this proposed development. The developer may be required to contribute, under Sections 40 - 41 of the Water Industry Act 1991, towards the provision of new off-site and/or on-site water mains and associated infrastructure. The level of contribution can be calculated upon receipt of detailed site layout plans which should be sent to the address above. Our response is based on the information provided by your application. Should the proposal alter during the course of the application process we kindly request that we are re-consulted and reserve the right to make new representation. If you have any queries please contact the undersigned on 0800 917 2652 or via email at [email protected]
Page 71
STREET NAMING The Council is keen that new development sites have historically and culturally relevant names when proposing new names for streets in the County.
Please contact Emma Jones, Performance & Systems Administrator to discuss the matter, in liaison with the Local Member.
Ffôn/Phone: 01824 708049 E bost: [email protected] E mail: [email protected]
BROADBAND You are advised that in order to fulfil its corporate priorities, Denbighshire County Council is looking to ensure residents of new developments have access to future-proofed, fast and reliable fibre broadband services, and consequently the Local Planning Authority are encouraging the installation of suitable fibre broadband connections in all new developments.
In this regard, you are encouraged to access the Openreach website through the following link. It has useful downloadable guidance for developers for installing fibre connections: https://www.ournetwork.openreach.co.uk/property-development.aspx
If you are looking to work with Openreach on provision of a fibre broadband connection, you need to ensure your site is registered with them at least 9 months before the date you are looking for them to provide a service to the first new property. Their advice is that you contact them at least 8 weeks before you actually start work on site, to give enough time to get proposals drawn up and details agreed for incorporation into any scheme.
COMPLIANCE WITH APPROVED PLANS AND CONDITIONS Please be reminded that any permission or consent must be carried out strictly in accordance with the approved plans and conditions imposed which are clearly listed on this certificate of decision. Pre- Commencement conditions should be given particular attention. Failure to do so could result in enforcement action being taken by the Local Planning Authority.
Further detailed information on how to comply along with other relevant information relating to your decision is contained in the detailed Notes to Applicant attached to this certificate which you are strongly advised to consider.
If you are in any doubt about your obligations, including any obligation you may have to pay commuted sums, please contact the Local Planning Authority at [email protected] quoting the reference of your planning permission.
Page 72 Agenda Item 6
WARD : Ruthin
WARD MEMBER(S): Cllr Huw Hildtich Roberts Cllr Bobby Feely Cllr Emrys Wynne (c)
APPLICATION NO: 02/2020/0811/ PF
PROPOSAL: Erection of a detached dwelling, construction of a new vehicular access and associated works
LOCATION: Land at (Part Garden of) 73A Erw Goch Ruthin LL15 1RS
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WARD MEMBER(S): Cllr Huw Hildtich Roberts Cllr Bobby Feely Cllr Emrys Wynne (c)
APPLICATION NO: 02/2020/0811/ PF
PROPOSAL: Erection of a detached dwelling, construction of a new vehicular access and associated works
LOCATION: Land at (Part Garden of) 73A Erw Goch Ruthin LL15 1RS
APPLICANT: Mrs Mairwenna Mosford
CONSTRAINTS: PROW
PUBLICITY Site Notice - No UNDERTAKEN: Press Notice - No Neighbour letters - Yes
REASON(S) APPLICATION REPORTED TO COMMITTEE: Scheme of Delegation Part 2
Member request for referral to Committee
CONSULTATION RESPONSES: RUTHIN TOWN COUNCIL- ‘Members continue to feel that this represents inappropriate development and would be overdevelopment of the site. It would result in lack of amenity space for the new dwelling.’
DWR CYMRU / WELSH WATER- No objection but recommended attaching a condition which seeks to control the surface water/land drainage directly or indirectly into the public sewer.
TREE CONSULTANT- The trees are +-10m away from the site but they are still a material consideration in the determination of the application because of their maturity. Consider that an Arboricultural Impact Assessment should be undertaken prior to the application being determined, this should look at shading as well as the need to safeguard tree roots.
DENBIGHSHIRE COUNTY COUNCIL CONSULTEES – - Highways Officer- -No objection but advise that separate consent will be required under Section 184 of the Highways Act for the vehicular footway crossing.
Ecology Officer- Informally commented that a PEA would not be required but they should probably do an arb assessment, to ensure that the development does not impact on the roots of the neighbouring trees. Suspect that much of this development is within the root protection area for those trees, given their size (if the trees have a diameter at breast height of 83cm, this would work out at an RPA of 10m).
If they damaged the roots of the trees, it would ultimately affect the health of the trees and could cause failure of the tree which would harm biodiversity, and potentially become dangerous.
Page 91
- Footpaths Officer- No comments received.
RECONSULTATION RESPOSNES: Submission of a tree report written by Agent. TREE CONSULTANT- to be reported on late representations sheet
RESPONSE TO PUBLICITY: In objection Representations received from: J & K Ferguson, 70 Erw Goch, Ruthin A Ferguson, 70 Erw Goch, Ruthin
Summary of planning based representations in objection: Highways Concerns over parking on the road as the new dwelling would have only a single driveway. Concerns that parking on the road would raise safety concerns for users of the road including large milk tankers and tractors.
Trees and biodiversity Concerns that the trees adjacent to the property would be impacted by a new dwelling and have to be felled. They support tawny owls and other bat and bird species.
Residential Amenity Loss of light by erection of the dwelling to property opposite. Overdevelopment of the plot site not intended to accommodate two dwellings. Concerns with existing struggling sewerage system capacity on the estate.
EXPIRY DATE OF APPLICATION: 17/12/2020
EXTENSION OF TIME AGREED? N/A
REASONS FOR DELAY IN DECISION (where applicable):
awaiting consideration by Committee
PLANNING ASSESSMENT: 1. THE PROPOSAL: 1.1.1 The application is a resubmission of a previously refused scheme (ref.02/2020/0462) and seeks permission for the erection of a single dormer bungalow and formation of access on land adjacent to 73a Erw Goch, Ruthin.
1.1.2 The application site area is approximately 200sqm. The footprint of the proposed dwelling would be 64.8sqm with approximately 60sqm of usable amenity space not including circulation/car parking space remaining.
1.1.3 The dwelling is proposed to comprise a lounge, kitchen and en suite double bedroom to the ground floor and an additional bedroom with separate bathroom to the first floor.
1.1.4 The proposed dwelling would have a ridge height of 5m and an eaves height of 2m. It is proposed to have two rooflights to the front elevation and a small dormer to the rear elevation.
1.1.5 The walls are proposed to be red brick and roof tiled to match the adjacent bungalow.
Page 92 1.1.6 Bi-folding doors are proposed to the side elevation to serve the lounge and a window is proposed at first floor level to serve the bedroom.
1.1.7 A low brick wall to 60cm is proposed to the front boundary with timber post and rail fence to the side and rear boundaries.
1.1.8 Parking space is proposed on the driveway adjacent to the dwelling which is proposed to accommodate 2 vehicles.
1.1.9 Plans and elevations of the proposal are shown at the front of this report.
1.2 Other relevant information/supporting documents in the application 1.2.1 None.
1.3 Description of site and surroundings 1.3.1 The site is an existing garden area connected to a detached bungalow located on a corner plot off Erw Goch. The existing bungalow is oriented with the widest elevation parallel to the road and is the first of a row of similar style dwellings oriented with the narrowest elevation to the road on the south side of the Erw Goch.
1.3.2 The north side of the road is characterised by two storey detached properties. A single storey front extension has recently been granted to the bungalow resulting in the majority of the garden area available located east side of the dwelling.
1.4 Relevant planning constraints/considerations 1.4.1 The site is located within the development boundary of Ruthin as described by the LDP. 1.4.2 There is a public right of way which runs down the southern boundary of the property.
1.5 Relevant planning history 1.5.1 A previous submission for a similar scheme was withdrawn and the resubmission was refused under delegated powers due to the impact on the character of the area and the residential amenity of the adjacent occupiers.
1.6 Developments/changes since the original submission 1.6.1 Submission of a Tree Report.
1.7 Other relevant background information 1.7.1 None.
2. DETAILS OF PLANNING HISTORY: 2.1 02/2020/0123 Erection of dwelling, formation of access and associated works WITHDRAWN 09/03/2020.
2.2 02/2020/0462 Erection of dwelling, formation of access and associated works REFUSED under delegated powers on 13/08/2020 Reasons for refusal:
1. It is the opinion of the Local Planning Authority that the proposed dwelling would, by virtue of its siting and height in a prominent location within the residential estate, have an adverse visual impact on the open character and appearance of the estate. The proposal is therefore
Page 93 considered to be in conflict with criteria i) of Policy RD1 of the Denbighshire Local Development Plan, guidance contained within the Residential Development Supplementary Planning Guidance Note and Planning Policy Wales (Edition 10).
2. It is the opinion of the Local Planning Authority that the proposal would result in an unacceptable impact on the residential amenity of the neighbouring property, Duinrell due to the separation distance between the proposed side elevation and an existing habitable room window and through the reduction in the extent of the usable private amenity space available. It is therefore considered to be in conflict with criteria test vi) of Policy RD1 of the Denbighshire Local Development Plan and guidance in paragraph 6.44 of the Residential Development Supplementary Planning Guidance Note.
3. RELEVANT POLICIES AND GUIDANCE: The main planning policies and guidance are considered to be:
3.1 Local Policy/Guidance Denbighshire Local Development Plan (adopted 4th June 2013) Policy RD1 – Sustainable development and good standard design Policy BSC1 – Growth Strategy for Denbighshire Policy BSC3 – Securing infrastructure contributions from Development Policy BSC11 – Recreation and open space Policy VOE5 – Conservation of natural resources Policy ASA3 – Parking standards
Supplementary Planning Guidance Supplementary Planning Guidance Note: Access For All Supplementary Planning Guidance Note: Conservation and Enhancement of Biodiversity Supplementary Planning Guidance Note: Parking Requirements In New Developments Supplementary Planning Guidance Note: Planning Obligations Supplementary Planning Guidance Note: Recreational Public Open Space Supplementary Planning Guidance Note: Residential Development Supplementary Planning Guidance Note: Residential Development Design Guide Supplementary Planning Guidance Note: Residential Space Standards Supplementary Planning Guidance Note: Trees & Landscaping
3.2 Government Policy / Guidance Planning Policy Wales (Edition 10) December 2018 Development Control Manual November 2016 Technical Advice Notes
TAN 1 Joint Housing Land Availability Studies (2015) TAN 5 Nature Conservation and Planning (2009) TAN 12 Design (2016) TAN 16 Sport, Recreation and Open Space (2009) TAN 18 Transport (2007)
Circulars
3.3 Other material considerations
4. MAIN PLANNING CONSIDERATIONS:
In terms of general guidance on matters relevant to the consideration of a planning application, Section 9.1.2 of the Development Management Manual (DMM) confirms the requirement that planning applications ‘must be determined in accordance with the approved or adopted development plan for the area, unless material considerations indicate otherwise'. It advises that
Page 94 material considerations must be relevant to the regulation of the development and use of land in the public interest, and fairly and reasonably relate to the development concerned. The DMM further states that material considerations can include the number, size, layout, design and appearance of buildings, the means of access, landscaping, service availability and the impact on the neighbourhood and on the environment (Section 9.4).
The DMM has to be considered in conjunction with Planning Policy Wales, Edition 10 (December 2018) and other relevant legislation.
The following paragraphs in Section 4 of the report therefore refer to the policies of the Denbighshire Local Development Plan, and to the material planning considerations which are considered to be of relevance to the proposal.
4.1 The main land use planning issues in relation to the application are considered to be:
4.1.1 Principle 4.1.2 Visual amenity 4.1.3 Residential amenity 4.1.4 Impact to trees and Ecology 4.1.5 Highways (including access and parking) 4.1.6 Open Space
4.2 In relation to the main planning considerations: 4.2.1 Principle The main policy in the Local Development Plan which is relevant to the principle of housing development in towns and villages is BSC1, which seeks to make provision for new housing in a range of locations, concentrating development within identified development boundaries.
Policy RD1 states that development proposals within development boundaries will be supported subject to compliance with detailed criteria.
As the site is within the development boundary of Ruthin as defined in the Local Development Plan, the principle of the development proposed would be acceptable in terms of BSC1. The determination of the application should therefore rest on assessment of the local impacts of the proposal, which are reviewed in the following sections of the report.
4.2.2 Visual amenity Local Development Plan Policy RD 1 test (i) requires due regard to issues of siting, layout, form, character, design, materials, aspect, microclimate and intensity of use of land / buildings and spaces between buildings, which are matters relevant to the visual impact of development; test (vi) requires that development does not unacceptably affect prominent public views into, out of, or across any settlement or area of open countryside; test (vi) requires the incorporation of existing landscape or other features, takes account of site contours, and changes in levels and prominent skylines; and test (xiii) requires the incorporation of suitable landscaping measures to protect and enhance development in its local context.
The Development Management Manual advises at paragraph 9.4.3 that material considerations must be fairly and reasonably related to the development concerned, and can include the number, size, layout, design and appearance of buildings, the means of access, landscaping, service availability and the impact on the neighbourhood and on the environment; and the effects of a development on, for example, health, public safety and crime. The visual amenity and landscape impacts of development should therefore be regarded as a potential material consideration.
No representations have been received raising visual amenity concerns.
Page 95 The proposal is for the erection of a one and half storey dwelling including new vehicular access on a corner plot, to the side of an existing bungalow within the garden area.
The proposed detached dwelling is not considered to be unacceptable in this location in terms of size and design, in itself.
However, having regard to visual amenity, it is considered that the site is a relatively small triangular parcel of land which was never intended to be developed and was to be incorporated into the garden area of the bungalow adjacent. The corner point of the plot is in a prominent location on Erw Goch with a Public Right of Way to the rear side and the pavement to the front side. The proposed dwelling would be the first in a row of 5 similar style bungalows. The proposed dwelling would have a ridge height of 5m which is 0.7m higher than the existing bungalow (4.3m) and would sit 0.5m higher than the bungalow adjacent with the other bungalows descending down the hill with the side gable being a prominent visible feature in the streetscene.
The existing dwellings on this side of the road are all set back from the highway approximately more than 2.5m. The proposed dwelling would be set back between 0.8m (at its nearest) from the highway. It is considered that this would lead the development to appear cramped in the plot and out of character with the existing development in the area. This would be exacerbated by its height compared to the adjacent dwellings, and the higher ground level upon which it would be built.
It is considered that the proposed side elevation gable end would be out of context and obtrusive in the street-scene and would cause detrimental harm to the character of the area.
Page 96
View of propsoed dwelling heading down Erw Goch towards Ruthin.
The proposed front elevation of the new dwelling would be approximately 1m- 1.8m from the front boundary of the site adjacent to the pavement. A low boundary wall is proposed to the front to separate the pavement from the site. The Erw Goch Estate is characterised by dwellings which are set back from the road and enjoy amenity space and parking to the front which adds to the visual amenity and character of the area. It is considered that the front elevation would be too close to the boundary and would detract from the open fronted nature and the general built form of the estate.
In terms of landscaping and boundary treatments, it is proposed to have a closed fence panel to the rear and side boundaries with a low boundary wall to the front of the site.
Site visit photo taken by Case Officer showing side and rear (abuting PROW) boundary treatments.
To conclude, it is considered that owing to its height and siting in relation to the adjacent bungalows, and its distance to the highway, the proposal would appear cramped and obtrusive within the street-scene. It would not be in keeping with the character of the area. It is therefore concluded that the development is in conflict with Policy RD 1 in regard to visual amenity as the scheme would unacceptably detract from the character and appearance of the area and as such is contrary to the guidance set out in the Residential Development SPG.
4.2.3 Residential amenity
Page 97 Local Development Plan Policy RD 1 test (i) requires due regard to issues of siting, layout, form, character, design, materials, aspect, microclimate and intensity of use of land / buildings and spaces between buildings, which touch on the potential for impact on residential amenity; test (vi) sets the requirement to assess the impact of development on the amenities of local residents, other land and property users, or characteristics of the locality, in terms of increased activity, disturbance, noise, dust, fumes, litter, drainage, light pollution, etc. Planning Policy Wales 3.1.4 confirms that factors to be taken into account in making planning decisions (material considerations) must be planning matters; that is, they must be relevant to the regulation of the development and use of land in the public interest, towards the goal of sustainability. The residential amenity impacts of a development proposal are a material consideration.
The Development Management Manual advises at paragraph 9.4.3 that material considerations must be fairly and reasonably related to the development concerned, and can include the number, size, layout, design and appearance of buildings, the means of access, landscaping, service availability and the impact on the neighbourhood and on the environment; and the effects of a development on, for example, health, public safety and crime. The residential amenity impacts of development should therefore be regarded as a potential material consideration.
Representations have been raised regarding residential amenity issues including loss of light and that the dwelling would result in an overdevelopment of the plot.
The proposal is for the erection of a one and half storey detached dwelling including a new vehicular access. The nearest residential neighbour is Duinrell, 73a to the west of the site set at a lower level.
Having regard to the comment received around the loss of light, Officers do not consider the proposal would result in a noticeable loss of light or privacy to the dwelling opposite the site, some 18m away. The arrangement between the site and the opposite dwellings is a common arrangement seen throughout the entire estate.
With regard to the impact on the nearest neighbouring bungalow, Duinrell, there would be a separation distance of 8m between the side elevation of the proposed dwelling and the side elevation of the existing bungalow, separated by a fence down the boundary line. The side elevation of Duinrell has the only available lounge window which serves a habitable room which would, as a result of the development face out onto a small strip of garden area of just 4m in depth and onto the side elevation of the new dwelling at total of 8m away. The Residential Development SPG states that ‘where a wall containing windows of a lounge, dining room, bedroom or kitchen overlooks a wall with no windows on an adjacent property, the distance should be a minimum of 15m’ (para 6.44).
It is therefore considered that given the short distance between the habitable lounge window and the side elevation of the proposed dwelling, that the distance should be 15m minimum in line with advice contained in the Residential Development SPG and just 8m in distance would result in an unacceptable impact to the residential amenity of the occupiers of Duinrell.
As Duinrell has limited rear amenity space given there is an existing rear extension at the property, there would be a greater reduction in usable remaining amenity space up to the boundary fence separating the properties as can be seen in the photo below.
Page 98
Side elevation of existing bungalow showing main lounge window and patio doors on extension facing new dwelling.
It is therefore considered that the residential amenity of the occupiers of Duinrell would be compromised by the development being in such close proximity.
The proposed front windows of the proposed dwelling would serve a bedroom and lounge and would be between 1.8 and 0.8m from the front boundary of the site adjacent to the pavement. It is considered that the front elevation windows would be close to the boundary which may impact negatively on the residential amenity of the future occupiers. There is also a PROW to the rear of the site which would result in the proposed dwelling feeling sandwiched between two public rights of way.
Having regard to comments received in relation to an overdevelopment of the plot, the new dwelling would have a garden area of around 60sqm which exceeds the 40sqm standard set out in the Residential Space Standards SPG. However, as the plot was originally part of the garden area of the bungalow adjacent, the amount of usable amenity space connected with this dwelling would be severely reduced. However, it is acknowledged that there would be over 40sqm of amenity space remaining at Duinrell to the rear, side and front garden of the property but Officer’s question the amount of remaining ‘usable’ private outdoor space remaining.
Therefore, having regard to the scale, location and design of the proposed new dwelling, it is considered that the proposals are considered to have an unacceptable impact on the residential amenity of the occupiers of bungalow adjacent, and would therefore be in conflict with the tests of the policies referred to.
4.2.4 Impact to trees and ecology Policy VOE 5 requires due assessment of potential impacts on protected species or designated sites of nature conservation, including mitigation proposals, and suggests that permission should not be granted where proposals are likely to cause significant harm to such interests.
Local Development Plan Policy RD 1 test (iii) requires development to protect and where possible to enhance the local natural and historic environment. Policy VOE 5 requires due assessment of potential impacts on protected species or designated sites of nature conservation, including mitigation proposals, and suggests that permission should not be granted where proposals are likely to cause significant harm to such interests.
This reflects policy and guidance in Planning Policy Wales (Section 6.4), current legislation and SPG 18 – Conservation and Enhancement of Biodiversity, which stress the importance of the planning system in meeting biodiversity objectives
Page 99 through promoting approaches to development which create new opportunities to enhance biodiversity, prevent biodiversity losses, or compensate for losses where damage is unavoidable. Planning Policy Wales also draws attention to the contents of Section 6 of the Environment (Wales) Act 2016, which sets a duty on Local Planning Authorities to demonstrate they have taken all reasonable steps to maintain and enhance biodiversity in the exercise of their functions.
The Trees and Landscaping SPG section 5.1 states that development proposed near to existing trees, woodlands or hedgerows must be in accordance with the design and protection principles set out in this Local Planning Guidance Note and BS 5837: 2012 "Trees in relation to design, demolition and construction - Recommendations" It states that ‘for small scale applications (e.g. four dwellings or less, floor space of less than 1000 m2, or outline applications of less than 0.5 Ha) where trees are on or within influencing distance of the proposed development site, a land survey, a BS 5837 Tree Survey and a Tree Protection Plan will be required. Include details of which trees are to be retained, removed and pruned’
The Development Management Manual advises at paragraph 9.4.3 that material considerations must be fairly and reasonably related to the development concerned, and can include the number, size, layout, design and appearance of buildings, the means of access, landscaping, service availability and the impact on the neighbourhood and on the environment; and the effects of a development on, for example, health, public safety and crime. The ecological impacts of development should therefore be regarded as a potential material consideration.
Comments were received concerning the impacts to the trees to the rear of the site and negative impacts to wildlife residing in the trees.
No ecology report was submitted with this application and the County Ecologist confirmed one was not required. Having regard to the representations received, it is noted that the trees are not included within the application site red line boundary but are in close proximity to the site. The guidance in the Trees and Landscaping SPG, states that where trees are within influencing distance of the proposed development site a tree survey will be required.
No tree survey was initially submitted with the application and the Council’s Tree Consultant recommended that an Arboricultural Impact Assessment would be required to assess the potential impacts to the trees as a result of the development given their close proximity and maturity. This has been submitted and was authored by the Agent. The report highlights that the trees are located at a noticeably lower level than the site, and that the creation of the public footpath between the site and the trees is likely to have impacted on the root systems. The report considers that given these factors, the foundations of the proposed dwelling are unlikely to be impact upon the root sytem of the trees.
The Council’s Tree Consultant is currently considering the report and their comments are pending and will be reported on the late sheets.
4.2.5 Highways (including access and parking) Local Development Plan Policy RD 1 supports development proposals subject to meeting tests (vii) and (viii) which oblige provision of safe and convenient access for a range of users, together with adequate parking, services and manoeuvring space; and require consideration of the impact of development on the local highway network.
Policy ASA 3 requires adequate parking spaces for cars and bicycles in connection with development proposals, and outlines considerations to be given to factors relevant to the application of standards. The Parking Standards in New Developments SPG sets out the maximum parking standards for new developments
Page 100 These policies reflect general principles set out in Planning Policy Wales (PPW 10) and TAN 18 – Transport, in support of sustainable development.
The Development Management Manual advises at paragraph 9.4.3 that material considerations must be fairly and reasonably related to the development concerned, and can include the number, size, layout, design and appearance of buildings, the means of access, landscaping, service availability and the impact on the neighbourhood and on the environment; and the effects of a development on, for example, health, public safety and crime. The highway impacts of development should therefore be regarded as a potential material consideration.
Representations have been received on the issue of vehicles parking on the road outside the proposed site.
The Highways Officer raises no objections to the proposals.
It is considered that the proposal provides adequate parking for 2 vehicles on the driveway and the access arrangements are acceptable in this residential location for a 2 bed dwelling. It is not considered there are reasonable highway grounds to resist the development.
4.2.6 Open Space Policy BSC 3 of the local development plan sets the basic requirement for development to contribute, where relevant, to the provision of infrastructure, including recreation and open space, in accordance with Policy BSC 11.
Policy BSC 11 specifies that all new housing developments should make adequate provision for recreation and open space. All such schemes put increased demand on existing open spaces and facilities and therefore the policy applies to all developments including single dwellings.
Table 4 in the Open Space SPG (adopted March 2017) sets out thresholds for on-site provision and financial contributions. It specifies that for schemes of 1 – 30 dwellings, open space obligations should be met through financial contributions rather than onsite provision, however 5.4.9 of the SPG does state that the thresholds are indicative, and onsite provision for sites of less than 30 will be considered on their merits.
An Open Space Assessment and Audit Report has been completed by the Council and provides the evidence base for Policy BSC 11. The report assesses the quantity, quality and accessibility of existing open spaces in the County on a community area basis with some additional information on an electoral ward basis.
In relation to the application, the assessment shows that Ruthin is deficient open space. On the basis of the evidence within the Open Space Assessment and Audit Report, it is considered that the proposal should make a financial contribution to mitigate the increased usage on the existing open space and equipment within the area.
Welsh Government Circular 16/2014 states that financial contributions should be secured through a planning obligation (legal agreement).
The proposal is considered acceptable in relation to open space policy subject to the requisite contribution being secured through a legal agreement.
Other matters Well – being of Future Generations (Wales) Act 2015 The Well-being of Future Generations (Wales) Act 2015 imposes a duty on the Council not only to carry out sustainable development, but also to take reasonable
Page 101 steps in exercising its functions to meet its sustainable development (or well-being) objectives. The Act sets a requirement to demonstrate in relation to each application determined, how the development complies with the Act.
The report on this application has taken into account the requirements of Section 3 ‘Well-being duties on public bodies’ and Section 5 ‘The Sustainable Development Principles’ of the Well-being of Future Generations (Wales) Act 2015. The recommendation is made in accordance with the Act’s sustainable development principle through its contribution towards Welsh Governments well-being objective of supporting safe, cohesive and resilient communities. It is therefore considered that there would be no significant or unacceptable impact upon the achievement of well- being objectives as a result of the proposed recommendation.
5. SUMMARY AND CONCLUSIONS: 5.1 The application is considered to have a detrimental impact on the character of the Erw Goch estate and on the residential amenity of the occupiers of the adjacent dwelling, Duinrell. The application is recommended for refusal.
RECOMMENDATION: REFUSE- for the following reasons:-
1. It is the opinion of the Local Planning Authority that the proposed dwelling would, by virtue of its siting and height in a prominent location within the residential estate, have an adverse visual impact on the open character and appearance of the estate. The proposal is therefore considered to be in conflict with criteria i) of Policy RD1 of the Denbighshire Local Development Plan, guidance contained within the Residential Development Supplementary Planning Guidance Note and Planning Policy Wales (Edition 10).
2. It is the opinion of the Local Planning Authority that the proposal would result in an unacceptable impact on the residential amenity of the neighbouring property, Duinrell due to the separation distance between the proposed side elevation and an existing habitable room window. It is therefore considered to be in conflict with criteria test vi) of Policy RD1 of the Denbighshire Local Development Plan, guidance in paragraph 6.44 of the Residential Development Supplementary Planning Guidance Note and advice contained in Planning Policy Wales (Edition 10).
Page 102 Agenda Item 7
WARD : Llanbedr Dyffryn Clwyd / Llangynhafal
WARD MEMBER(S): Cllr H O Williams
APPLICATION NO: 16/2020/0810/ PF
PROPOSAL: Erection of an agricultural building for the storage of hay and fodder (resubmission)
LOCATION: Land adjacent to Rhesgoed Farm Llanbedr Dyffryn Clwyd Ruthin LL15 1YE
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© Crrown copyrriightt and dattabase rriightts 2020 Orrdnance Surrvey 100023408 16/2020/0810 Scale: 1:2500 Printed on: 2/12/2020 at 12:13 PM Page 105 © Denbighshire County Council Page 106 Page 107 Page 108 Page 109 Page 110 Page 111 Page 112 Eitem Agenda 7 / Agenda Item 7 Page 113 Page 114 Eitem Agenda 7 / Agenda Item 7 Page 115 Page 116 Eitem Agenda 7 / Agenda Item 7 Page 117 Page 118 Eitem Agenda 7 / Agenda Item 7 Page 119 Page 120 Luci Duncalf WARD : Llanbedr Dyffryn Clwyd / Llangynhafal
WARD MEMBER(S): Cllr H O Williams
APPLICATION NO: 16/2020/0810/ PF
PROPOSAL: Erection of an agricultural building for the storage of hay and fodder (resubmission)
LOCATION: Land adjacent to Rhesgoed Farm Llanbedr Dyffryn Clwyd Ruthin LL15 1YE
APPLICANT: Mr H O Williams
CONSTRAINTS: Within 67m Of Trunk Road AONB
PUBLICITY Site Notice - No UNDERTAKEN: Press Notice - No Neighbour letters - Yes
REASON(S) APPLICATION REPORTED TO COMMITTEE: Scheme of Delegation Part 2
Application submitted by a County Councillor 4 or more objections/ recommendation grant.
CONSULTATION RESPONSES:
LLANBEDR DYFFRYN CLWYD COMMUNITY COUNCIL- “No objections”
CLWYDIAN RANGE AND DEE VALLEY AREA OF OUTSTANDING NATURAL BEAUTY JOINT ADVISORY COMMITTEE- Objection. Concerned that the proposal will have a significant impact on the open character and appearance of the area. Notwithstanding the landscaping proposals designed to mitigate its visual impact, the building is unrelated to any existing farm building complex and will appear as sporadic and discordant development in the open countryside to the detriment of the AONB. The committee favours proposals for new farm buildings to form part of and be well related to an existing complex of buildings to minimise their impact on the landscape. Concerned that if other small parcels of land which are separate from an existing farm building complex were to make a similar case this could result in a proliferation of agricultural buildings across the countryside to the detriment of the AONB. Recommend the LPA undertake an independent agricultural appraisal prior to determining the application.
WELSH GOVERNMENT HIGHWAYS AUTHORITY- No comments received within statutory period.
DENBIGHSHIRE COUNTY COUNCIL CONSULTEES – - Highways Officer- No objection to the proposals and would advise that the Welsh Assembly Government will provide advice on the access onto the A494.
- Public Protection Officer- No comments received.
Page 121
RECONSULTATION RESPONSES:
CLWYDIAN RANGE AND DEE VALLEY AREA OF OUTSTANDING NATURAL BEAUTY JOINT ADVISORY COMMITTEE- The AONB Officer has looked at the additional landscaping plans and considers that they may help to mitigate the visual impact, but would prefer to have the existing hedge to the front boundary retained with gaps filled in and supplemented with some native hedgerow tree planting. The AONB Officer still considers the proposal will result in a loss of character and cause harm to the landscape due to its prominent and sensitive location.
RESPONSE TO PUBLICITY:
In objection Representations received from: Mrs J. Williams, Hillside, Llanbedr Dyffryn Clwyd Mrs M. Lowe, Rhiwisg, Llanbedr Dyffryn Clwyd Mrs J. Powell, Bryn Eryl, Bryn Goodman, Ruthin Mr M. Waters, 45 Sturge Avenue, London Mrs G. Williams, Helyg, Willow Street, Llangollen
Summary of planning based representations in objection: Principle The proposed building is large for the land it serves compared to the adjacent existing building
Visual amenity and impact on AONB Inappropriate scale of development for the location- would be overly dominant in this sensitive area The location is not acceptable as this is an important stretch of the A494 and serves as a vantage point down over the valley. Negative visual impact on the natural landscape of the AONB and would be overly prominent in views on this important road. The supplementary hedge planting will take years to mature and will not offer immediate screening.
Residential Amenity Concerns that the building will be used for alternative uses or accommodation of livestock in the future.
Accuracy of plans The amount of acreage connected with the proposed building is not accurate A number of trees have been felled to accommodate the building, not included on plans. Details of the excavation of the building into the hillside should be provided
Highways Welsh Government guidance notes for permitted development for agricultural buildings states that for a class A or B road, the building should not be permitted within 25m of a trunk road or highway.
In support Representations received from: Mrs. E. Rees, Cae Mawr, Llanbedr Dyffryn Clywd Mr B. Lewis, 40 Maes Hafod,
Summary of planning based representations in support: No adverse visual impact as already an agricultural building nearby of a greater size. Support the use of the building for storage which is easily accessible in this location
Page 122 Support the use of the building which is essential for the welfare of the applicant’s livestock. Important to support farmers in these worrying times for agriculture.
EXPIRY DATE OF APPLICATION: 22/12/2020
EXTENSION OF TIME AGREED? N/A
REASONS FOR DELAY IN DECISION (where applicable): N/A
PLANNING ASSESSMENT: 1. THE PROPOSAL: 1.1 Summary of proposals 1.1.1 The application seeks permission for the erection of an agricultural building for the storage of hay, fodder and supplements at land adjacent to Rhesgoed Farm, Llanbedr Dyffryn Clwyd.
1.1.2 The proposed building would be located to the east side of the A494 adjacent to the existing layby or former A494 road. It would measure approximately 9m in width and 18m in length resulting in approximately 166sqm in floor area. It would have a pitched roof with a ridge height of 4m and an eaves height of 2.5m.
Proposed side elevation
1.1.3 4 roof-lights are proposed to each side of the roof which is to be finished in juniper green box profile sheets and two large steel juniper green doors are proposed to the two side elevations. It is proposed to have timber boarding to the upper sides with concrete panels below.
1.1.4 Two soakaways are proposed to each side of the building.
1.1.5 Post and wire fencing is proposed to the south east and south boundaries, a mature native hedge is proposed to be planted to the north-west boundary facing the road on top of a 1.5m high bund. The south west boundary is proposed to have a bund with native hedge planting on top and also to the bund to the south east boundary.
Page 123
Proposed block plan with planting
Cross section of front elevation of building
1.1.6 The existing gate is to be retained and relocated to create a refuge to prevent vehicles and trailers impacting on the highway when entering the site.
Proposed site plan
Page 124 1.2 Other relevant information/supporting documents in the application 1.2.1 Additional information on the justification of the building. Site sections plans.
1.3 Description of site and surroundings 1.3.1 The site is located to the east of the bend in the A494 trunk road on the opposite side of the road to Rhesgoed Farm. The original A494 road is still in existence and now forms a layby with a small fenced off patch of grass separating it from the main trunk road.
1.3.2 There is an existing agricultural building located to the north of the site which is screened by evergreen trees and is only visible on approach to the south up the bend in the road.
1.3.3 There is woodland to the north and north east of the site and agricultural fields to the east and south. The land is the applicant’s ownership is 4ha in size.
1.4 Relevant planning constraints/considerations 1.4.1 The site is located outside of any development boundaries described in the Local Development Plan.
1.4.2 It is within the AONB protected area designation.
1.5 Relevant planning history 1.5.1 Previous application for a shed building in the same location was withdrawn in February 2020.
1.6 Developments/changes since the original submission 1.6.1 Amendments to the planning application form to include the other owner of the site at present and additional information on the justification and cross section plan of the building in relation to the hillside.
1.7 Other relevant background information 1.7.1 Justification summary provided by agent: The land is used for livestock and cropping of hay and the unit is primarily used for the storage hay, fodder and supplements in order to feed and ensure the health and well-being of the stock. It will also be used to accommodate machinery. The proposed unit is minimum required to fulfil this use and to make the holding viable.
Additional justification from the applicant: Current stock rates are 50 ewe lambs and 10 store cattle but the intention is to purchase or rent more land and buy 200 ewes every autumn to keep over winter and buy 20 cattle in the spring to sell in the autumn. At present hay is baled and wrapped in plastic but the intention is to store the hay in the new shed. The business is registered as a farming enterprise, and the proposal is required as part of a subdivision of the enterprise.
No soil will be removed from site and the shed will be dug approximately 0.6m into the field to create bunds to the north-west. The concrete panels on the site will hold up the banks. The gates to the south will be closed off so a new hedge can be planted and help to screen the building from the roadside.
2. DETAILS OF PLANNING HISTORY: 16/2019/1055 Erection of an agricultural building for the storage of hay and fodder, WITHDRAWN 02/04/2020
3. RELEVANT POLICIES AND GUIDANCE: The main planning policies and guidance are considered to be:
Page 125 3.1 Local Policy/Guidance Denbighshire Local Development Plan (adopted 4th June 2013) Policy PSE5 – Rural economy Policy VOE2 – Area of Outstanding Natural Beauty and Area of Outstanding Beauty Policy VOE5 – Conservation of natural resources
Supplementary Planning Guidance Supplementary Planning Guidance Note: Clwydian Range and Dee Valley Area of Outstanding Natural Beauty Supplementary Planning Guidance Note: Conservation and Enhancement of Biodiversity Supplementary Planning Guidance Note: Trees & Landscaping
3.2 Government Policy / Guidance Planning Policy Wales (Edition 10) December 2018 Development Control Manual November 2016 Technical Advice Notes
TAN 5 Nature Conservation and Planning (2009) TAN 6 Planning for Sustainable Rural Communities (2010) TAN 12 Design (2016) TAN 18 Transport (2007)
Circulars
3.3 Other material considerations
4. MAIN PLANNING CONSIDERATIONS:
In terms of general guidance on matters relevant to the consideration of a planning application, Section 9.1.2 of the Development Management Manual (DMM) confirms the requirement that planning applications ‘must be determined in accordance with the approved or adopted development plan for the area, unless material considerations indicate otherwise'. It advises that material considerations must be relevant to the regulation of the development and use of land in the public interest, and fairly and reasonably relate to the development concerned. The DMM further states that material considerations can include the number, size, layout, design and appearance of buildings, the means of access, landscaping, service availability and the impact on the neighbourhood and on the environment (Section 9.4).
The DMM has to be considered in conjunction with Planning Policy Wales, Edition 10 (December 2018) and other relevant legislation.
The following paragraphs in Section 4 of the report therefore refer to the policies of the Denbighshire Local Development Plan, and to the material planning considerations which are considered to be of relevance to the proposal.
4.1 The main land use planning issues in relation to the application are considered to be:
4.1.1 Principle 4.1.2 Visual amenity and impact on Area of Outstanding Natural Beauty 4.1.3 Residential amenity 4.1.4 Ecology 4.1.5 Highways (including access and parking)
4.2 In relation to the main planning considerations: 4.2.1 Principle
Page 126 In terms of the national planning policy context, Planning Policy Wales 10 (December 2018) paragraph 3.56 states that development in the countryside should be located within and adjoining those settlements where it can be best be accommodated in terms of infrastructure, access and habitat and landscape conservation. It also advises that new building in the open countryside away from existing settlements or areas allocated for development in development plans must continue to be strictly controlled. All new development should be of a scale and design that respects the character of the surrounding area.
Paragraph 5.6.6 of PPW 10 advises that Local Planning Authorities should adopt a constructive approach towards agricultural development proposals, especially those which are designed to meet the needs of changing farming practices or are necessary to achieve compliance with new environmental, hygiene or welfare legislation.
TAN6 Appendix 1 sets out the general considerations for planning authorities when dealing with agricultural prior notification applications. TAN6 2.1.1 states the planning system must also protect and enhance the natural and historic environment and safeguard the countryside and open spaces. Whist this application is not for a prior notification, the considerations would be of relevance to this current application.
Policy PSE5 states that development, including agricultural diversification, will be supported throughout the County subject to detailed criteria, which include making a significant contribution to sustainable development.
Representations have been received which raise concerns over the principle of the development including the size of the building in relation to the land which it serves. The AONB Joint Committee have also objected to the building as it is unrelated to any existing farm and would favour new agricultural buildings to be well related to an existing complex to minimise their impact on the landscape. Concerns have been raised regarding the setting a precedent for similar developments in the countryside to the detriment of the AONB.
The proposed new agricultural building is situated some 190m to the north east of the existing Rhesgoed Farm complex within an agricultural field. It is acknowledged that the building is not proposed to be connected to Rhesgoed Farm or any other farm complex in this location. However the building would be registered to the applicant’s farm enterprise with DEFRA, VAT and the Tax Authority which demonstrates that it is connected to an existing farming enterprise. The justification statement provided for the new building states that the building is required for the storage of hay, fodder and supplements in order to feed and ensure the health and well-being of a current stock number of 50 sheep which are grazed on the land which equates, at present to 4ha, but more land is to be acquired in the future along with an increase in stock numbers each year.
The justification statement also makes a case for mitigating the visual amenity impacts which are to be alleviated through the retention of soil from the excavation of the hillside into bunds with hedge row on top which will help to screen the site from the roadside and views beyond.
With respect to the comments received regarding the principle of the development, Officers are of the opinion that the building would still be connected to an existing registered farming enterprise which is in the process of becoming re-established following the recent sale of the family farm at Rhesgoed. The stock numbers are proposed to increase each year along with the purchase of more land to accommodate the flock. Whilst the building is considered large in relation to the size of the land it serves, there is no LDP policy or guidance provided in TAN6 which seeks to control the size of a building in relation to the land it serves.
Having regard to Planning Policy Wales, Technical Advice Note 6, and the circumstances/justification for the building, Officers consider that the erection of an
Page 127 agricultural building is acceptable in principle, however this is subject to an assessment of the localised impacts which will be discussed in more detail in the remainder of the report.
4.2.2 Visual amenity and impact on Area of Outstanding Natural Beauty The Development Management Manual advises at paragraph 9.4.3 that material considerations must be fairly and reasonably related to the development concerned, and can include the number, size, layout, design and appearance of buildings, the means of access, landscaping, service availability and the impact on the neighbourhood and on the environment; and the effects of a development on, for example, health, public safety and crime. The visual amenity and landscape impacts of development should therefore be regarded as a potential material consideration.
Policy VOE 2 requires assessment of the impact of development within or affecting the AONB and AOB, and indicates that this should be resisted where it would cause unacceptable harm to the character and appearance of the landscape and the reasons for designation.
This reflects Planning Policy Wales 10 that which requires planning authorities should give great weight to conserving and enhancing the natural beauty of AONBs, and should have regard to the wildlife, cultural heritage and social and economic well- being of the areas. The special qualities of designated areas should be given weight in the development management process. Proposals in AONBs must be carefully assessed to ensure that their effects on those features which the designation is intended to protect are acceptable. The contribution that development makes to the sustainable management of the designated area must be considered.
Paragraph 2.1.1 of Appendix A of TAN6 states the planning system must also protect and enhance the natural and historic environment and safeguard the countryside and open spaces. Paragraph A14 also provides advice on the design appearance and siting of new agricultural buildings.
Representations have been received which raise visual amenity concerns. These include comments on the inappropriate scale and dominance of the development for the location and the negative impacts on the character of the AONB. The AONB Joint Committee have also objected to the proposal due to the sensitive nature of the site and the harmful impact the building would have on the character of the area through its sporadic and discordant form of development in the open countryside.
The proposed agricultural building would be sited some 190m to the north east of the existing complex of buildings at Rhesgoed Farm but would not be connected to the farm. The building is proposed to be located on higher ground and on the south side of the A494 trunk road and cut into the hillside. The site is on sloping ground, with the majority of the field to the east rising steeply behind. There is a back-drop of evergreen woodland to the north of the site but the site is relatively open on three sides with a small hedge fronting the road.
Having regard to the comments and representations received, Officers acknowledge the fact that the building is unrelated to any existing development and would be better suited to be on lower ground within an existing farm complex. However, it is also noted that TAN 6 suggests that where it is not possible to site adjacent to an existing complex, the siting of the building should have as low an impact on the character of the landscape as possible.
Officers are of the opinion that the development can be assimilated well into the landscape through being cut into the hillside and set back from the existing front hedge which defines the boundary of the original trunk road (now layby). Guidance in TAN 6 recommends that new buildings should be set into the slope to reduce the visual impact and to avoid sites on skylines. Officers consider that the potential prominence of the building has been mitigated to an acceptable level through the
Page 128 proposed landscaping including the additional mature hedgerow planting to the front boundary and up on top of bunds to screen the building to the side and rear corner from views down the trunk road. TAN 6 recommends that planting should ‘help to break up a prominent silhouette, minimise its impact on the landscape and help anchor a new building to the surrounding landscape’. It is considered that the proposal achieves this to an acceptable degree.
It is not considered that the proposal is wholly unacceptable in visual amenity terms in this location given the nature of the proposal for agricultural use which would support an existing farming business. Many agricultural buildings are typically located away from the main farm complex to serve the land they are sited on which is not an uncommon form of rural development. It is therefore considered that the proposed landscaping scheme would help to alleviate the visual impacts to an acceptable level given the agricultural nature of the building which would not be an uncommon feature in this area.
Officers consider that it is important to ensure that the site remains tidy and presentable outside of the shed and that materials or fodder should not be stored outside the shed as this could impact negatively on the appearance of the AONB. Should the application be approved by members at Planning Committee, Officers consider it reasonable to attach conditions to control the storage of materials external to the building to protect the character and appearance of this important area of the AONB.
Having regard to the design, siting, scale, massing and materials of the proposed building, in relation to the character and appearance of the AONB landscape, it is considered the proposal would not have an unacceptable impact on visual amenity and on the character of the AONB subject to appropriately worded conditions and is therefore broadly in line with the policies and guidance listed above.
4.2.3 Residential amenity The Development Management Manual advises at paragraph 9.4.3 that material considerations must be fairly and reasonably related to the development concerned, and can include the number, size, layout, design and appearance of buildings, the means of access, landscaping, service availability and the impact on the neighbourhood and on the environment; and the effects of a development on, for example, health, public safety and crime. The residential amenity impacts of development should therefore be regarded as a potential material consideration.
Representations have been received raising concerns relating to residential amenity including the use of the building and potential future uses for livestock accommodation.
The proposed building is put forward for the storage of hay, fodder and supplements. It is not proposed for the accommodation of livestock.There are unrelated residential properties to the north of the site and the proposed building would be approximately 85m from the dwelling, separated by an area of trees and a layby.
Given the distance to the dwellings, the proposed use of the shed and the existing agricultural use of the land, Officers do not consider the proposal would unacceptably increase the level of noise and disturbance to neighbouring properties and therefore a refusal of planning permission on residential amenity grounds would not be justified.
4.2.4 Highways (including access and parking) The Development Management Manual advises at paragraph 9.4.3 that material considerations must be fairly and reasonably related to the development concerned, and can include the number, size, layout, design and appearance of buildings, the means of access, landscaping, service availability and the impact on the neighbourhood and on the environment; and the effects of a development on, for
Page 129 example, health, public safety and crime. The highway impacts of development should therefore be regarded as a potential material consideration. Policy ASA 3 requires adequate parking spaces for cars and bicycles in connection with development proposals, and outlines considerations to be given to factors relevant to the application of standards. These policies reflect general principles set out in Planning Policy Wales (PPW) and TAN 18 – Transport, in support of sustainable development.
Representations raising highways concerns have been raised which relate to permitted development for agricultural buildings. This is not a prior notification for prior approval for an agricultural building, and therefore such objections are not valid.
The site is served by an existing layby leading from the main trunk road to the north. No alterations are proposed to the existing access.
Welsh Government Transport and the Council’s Highways Officers have been consulted on the application. The Council’s Highways Officers have raised no objections and no comments have been received on the consultation with the Welsh Government Transport.
Welsh Government Transport issued a Holding Direction on the first submission which was withdrawn (ref. 16/2019/1055). Additional information to support the application was required including: The details of what type of vehicles, their movement and frequency, predicted unloading/ loading activity and location have not been confirmed in the submitted information, clarification is required. No drainage from the development site shall be permitted to connect or allowed to discharge into the trunk road drainage system, clarification of the proposed site drainage is required
In this resubmission, only one existing gate into the site off the layby is proposed with a yard area to the side. There would be no new access onto the trunk road and there is no connection with the Rhesgoed Farm site on the other side of the road, reducing the number of cross road vehicular movements. The vehicular movements would be to load and unload hay and fodder for storage and distribution over the land to the flock. The site is already agricultural land, and therefore the continued agricultural use of the land is not considered to generate an unacceptable increase in vehicular movements which would impact negatively on the trunk road. The drainage is proposed to two soakaways, one in the yard area and one to the side in the field. It is not considered that the proposed drainage scheme would have an unacceptable impact on the trunk road drainage system.
The Local Authority Highways Officer has not raised an objection to the proposal.
On the basis of the details submitted, the proposal is not considered to adversely impact on highway safety.
Other matters Well – being of Future Generations (Wales) Act 2015 The Well-being of Future Generations (Wales) Act 2015 imposes a duty on the Council not only to carry out sustainable development, but also to take reasonable steps in exercising its functions to meet its sustainable development (or well-being) objectives. The Act sets a requirement to demonstrate in relation to each application determined, how the development complies with the Act.
The report on this application has taken into account the requirements of Section 3 ‘Well-being duties on public bodies’ and Section 5 ‘The Sustainable Development Principles’ of the Well-being of Future Generations (Wales) Act 2015. The recommendation is made in accordance with the Act’s sustainable development
Page 130 principle through its contribution towards Welsh Governments well-being objective of supporting safe, cohesive and resilient communities. It is therefore considered that there would be no significant or unacceptable impact upon the achievement of well- being objectives as a result of the proposed recommendation.
5. SUMMARY AND CONCLUSIONS: 5.1 With respect to the comments received regarding the impacts to the AONB and the character of the area, Officers are of the opinion that on balance, taking into account adopted planning policy and national guidance for such proposals, with appropriate landscaping and screening arrangements that the proposal is not unacceptable and it is recommended that permission be granted.
RECOMMENDATION: GRANT- subject to the following conditions:-
1. The development to which this permission relates shall be begun no later than 16th December 2025
2. The development hereby permitted shall be carried out in strict accordance with details shown on the following submitted plans and documents unless specified as otherwise within any other condition pursuant to this permission: (i) Proposed elevations (Drawing No. PL03) received 15 October 2020 (ii) Proposed floor plan and side elevation (Drawing No. PL02) received 15 October 2020 (iii) Existing site plan (Drawing No. SU01) received 15 October 2020 (iv) Proposed site plan (Drawing No. PL01) received 15 October 2020 (v) Location plan received 28 October 2020 (vi) Illustrative photograph received 15 October 2020 (vii) Illustrative photograph- block plan and bunds received 29 November 2020 (viii) Illustrative photograph- elevations and bunds received 29 November 2020
3. Should the use of the building for agricultural purposes cease, the building shall be removed from the land within 6 months of the date of the cessation of the use and the land shall be restored in accordance with a restoration to be submitted and approved in writing by the Local Planning Authority.
4. Notwithstanding the approved plans, the front boundary hedge shall not be as shown on plans but shall be retained as existing with gaps filled in with supplementary native hedgerow plants and supplemented further with native hedgerow tree planting, details to be further agreed in writing by the Local Planning Authority. The amendments shall be carried out strictly in accordance with the approved details in the first planting season following commencement of development.
5. All planting comprised in the approved details of landscaping shall be carried out no later than the first planting and seeding season following the commencement of development. Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless otherwise agreed in writing.
6. No external lighting shall be permitted to be installed or operated, including emergency/ security lighting, until the written approval of the Local Planning Authority has been obtained to details thereof, including a light mitigation strategy, with measures to reduce light spillage. The scheme shall be carried out strictly in accordance with the approved details.
7. Facilities shall be provided and retained within the site for the parking and turning of vehicles in accordance with the details hereby approved and shall be completed prior to the development being brought into use.
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The reasons for the condition are:-
1. To comply with the provisions of Section 91 of the Town and Country Planning Act 1990. 2. For the avoidance of doubt and to ensure a satisfactory standard of development. 3. In the interest of landscape and visual amenity and to protect the character of the AONB. 4. In the interests of visual amenity and to protect the character of the AONB. 5. In the interests of visual amenity and to protect the character of the AONB. 6. To protect the character and appearance of the AONB. 7. In the interest of highway safety.
Page 132 Agenda Item 8
Report to Planning Committee
Date of meeting 16th December 2020
Lead Member / Officer Cllr M Young, Lead Member for Planning, Public Protection and Safer Communities
Report author Karsten Brußk, Planning Officer
Title Denbighshire Local Development Plan 2006 – 2021: Annual Monitoring Report 2020
1. What is the report about?
1.1. This report is about the Denbighshire Local Development Plan 2006 – 2021 (LDP): Annual Monitoring Report (AMR) 2020.
2. What is the reason for making this report?
2.1. To inform Members of the Planning Committee of progress with implementing the adopted Denbighshire Local Development Plan 2006 – 2021.
3. What are the Recommendations?
3.1. That Members note the content of the AMR 2020, see Appendix 1, and are aware of its subsequent publication on the Denbighshire County Council website.
4. Report details
4.1. The Council is duty bound to produce an Annual Monitoring Report (AMR) for the adopted Denbighshire Local Development Plan 2006 – 2021 (LDP) under the obligations of Section 76 of the Planning and Compulsory Purchase Act 2004 and Section 37 of the Town and Country Planning (Local Development Plan) (Wales) Regulations 2005. Legal requirements include the submission of the finalised AMR to Welsh Government (WG) by the 31st of October each year and publication of the document on the Council’s website. Page 133 4.2. Acknowledging the difficulties that local authorities and communities are facing in the current Covid19 pandemic, the Minister for Housing and Local Government wrote on the 7th of July 2020: “...I will not require Annual Monitoring Reports (AMR) to be submitted this October. I strongly encourage LPAs to continue with data collection, as this will help shape and inform policy and plan development. If LPAs wish to publish an AMR, they can of course do so. I will expect the next formal AMR submission in October 2021.” (Copy of the letter is attached to AMR 2020 document in Appendix 4.)
4.3. The draft AMR 2020 was reported to the Strategic Planning Group meeting on the 25th October 2020 where following the document discussion it was proposed that the AMR should be reported to Planning Committee and published on the Council’s website but not formally submitted to Welsh Government. The reasoning behind this approach is the lack of data and detailed information for every local policy and Sustainability Appraisal objective. All AMRs, which were produced for the adopted LDP, will however be part of the evidence base for the replacement LDP, and, hence, be part of the submission documents to the Planning Inspectorate and Welsh Government for examination at a later stage in the plan-making process.
4.4. The outbreak of the ‘SARS-CoV-2’ virus in March 2020 had a significant impact on the availability of data. Local authorities and national bodies have focussed all available resources on dealing with the pandemic rather than continuing ‘business as usual’. Due to health and safety concerns, there were no field surveys carried out in April and May 2020.
4.5. Looking ahead to the 2021 AMR, it may even become more difficult to comply with the formal process and document submission because there could be prolonged gaps in recording all necessary information. The impact of the pandemic did not take full effect before the end of March 2020 which means that the majority of data for the current monitoring period was already collected and recorded by individual departments.
4.6. Compared with the results of previous years, there has not been a change in the overall performance of individual policies. Many ‘under-performing’ policies have previously been highlighted, and are linked to strategic elements of the Denbighshire Local Development Plan. These policies will continue to be
Page 134 identified as ‘under-performing’, unless the Council successfully completes the LDP review process. Just like the policies contained in the LDP, the monitoring framework can only be changed as part of the LDP Review. Being able to align existing targets or objectives to new evidence and requirements will enable a better assessment of local policy performance.
4.7. Table 1: ‘Under-performing’ local policies Local Policy Comment BSC 1 – Meeting the housing As set out in the LDP Review Report (2017), the needs of the County. LDP Growth Strategy and delivery of market BSC 4, 8, 9 – Increase the and affordable houses fails on the number of new affordable (mathematical) poor delivery of dwellings. dwellings built in the County. Delivery targets were set on the basis of Welsh Government ‘Population and Household Projections’ that have been shown to be greatly over-estimated figures. The Draft Preferred Strategy for the next LDP 2018 – 2033 sets out an annual figure of 218 units; compared to 750 units for Period 3 in the adopted LDP.
These policy will be highlighted as ‘under- performing’ until the LDP Strategy has successfully been reviewed, i.e. adoption of new LDP.
It must however be noted that the Council delivers affordable houses through a number of mechanisms other than the LDP. This includes, for example, the use of social housing grants for bringing empty homes back into use and working with our housing partners. BSC 10 – Meeting the needs The Council carried out a Gypsy and Traveller of Gypsy and Travellers. Accommodation Needs Assessment (GTANA), which was approved by Welsh Government on the 28th of March 2017. Following the refusal of planning permission for a residential site in
Page 135 March 2020, there is still a need for sites for residential and transit use. A new Gypsy and Traveller Accommodation Needs Assessment (GTANA) must be carried out and submitted to WG. However, WG have advised that work cannot currently progress due to Covid-19 pandemic restrictions. Any needs identified will have to be addressed by the Council. PSE 6, 8, 9 – Maintain and Planning Policy Wales, Edition 10 (2018) enhance the vitality and encourages local authorities to identify new viability of town centres. regeneration initiatives and strategies to raise the vitality and viability of our town centres; looking beyond retail as the single form of land use. Local policy was however developed in 2009/10, before the severe decline of retail use. Policy review trigger is linked to vacancy rates of 15% or above for three consecutive years in any town centre. Planning can assist the reduction of vacant premises by considering alternative proposals that do not undermine local and national policy objectives.
5. How does the decision contribute to the Corporate Priorities?
5.1. This item does not seek a decision. The adopted DCC Local Development Plan does however contribute towards the following Corporate Priorities through setting out where and how much new development will be taken place in the County up to 2021: Developing the local economy; Ensuring access to good quality housing; and Modernising the Council to deliver efficiencies and improve services for our customers.
6. What will it cost and how will it affect other services?
6.1. There are neither costs nor any effects on other services from noting the content of this report.
Page 136 7. What are the main conclusions of the Well-being Impact Assessment?
7.1. A Well-being Impact Assessment has not been carried out because no decision is sought on Council policy, strategy, work procedure or programme. Members are only being asked to note the content. The Annual Monitoring Report is a statistical document reflecting local policy performance as part of the adopted LDP.
8. What consultations have been carried out with Scrutiny and others?
8.1. Members of the Strategic Planning Group discussed the Draft AMR 2020, and noted the content on the 25th October 2020.
9. Chief Finance Officer Statement
9.1. There are no budget implications arising from the LDP Annual Monitoring Report of 2020
10. What risks are there and is there anything we can do to reduce them?
10.1. There are no risks associated with noting the content of the AMR 2020.
11. Power to make the decision
11.1. This report does not seek a decision. The statutory duty to produce an AMR is laid out in the Planning & Compulsory Purchase Act 2004, Section 76.
11.2. Part 7 of the Town and Country Planning (Local Development Plan) (Wales) Regulations 2005 sets out the requirement to submit the finalised AMR to Welsh Government.
11.3. Please note the Welsh Minister’s letter, see AMR 2020 Appendix 4, regarding the cancellation of the requirement to submit the AMR 2020 to Welsh Government by the end of October 2020.
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Denbighshire County Council Local Development Plan 2006 - 2021
Annual Monitoring Report 2020
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Table of Contents
1. Introduction 2. Temporary changes to the preparation of Annual Monitoring Reports in 2020 3. Welsh Government: DRAFT Future Wales – The National Plan 2040 4. Welsh Government: Development Plans Manual (Edition 3) 5. Draft Denbighshire Local Development Plan 2018 – 2033 6. New housing land supply calculation: Housing Trajectory 7. Methodology 8. Results
Appendix 1 – Housing Land Supply Calculation Appendix 2 – Local Policy Performance Appendix 3 – Sustainability Appraisal Objectives Monitoring Appendix 4 – Welsh Government Letter (ref MA-JJ-2099-20)
This report was authorised by Emlyn Jones (Head of Planning and Public Protection Services at Denbighshire County Council).
Denbigh, 26.11.2020
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1. Introduction
1.1 The Denbighshire Local Development Plan 2006 – 2021 (LDP) was adopted on the 4th June 2013. It provides a clear vision on how development can contribute towards addressing the key issues in the County, and where and how much new development is going to take place over the lifetime of the LDP.
1.2 Annual Monitoring Reports (AMRs) are an important instrument to assess the effectiveness of local policy in supporting the LDP Strategy and Objectives, which were set to deliver the LDP Vision on how Denbighshire should be in 2021. They also assist in identifying emerging socio-economic opportunities and challenges, including the impact of national policy on local matters.
1.3 The sixth AMR for the Denbighshire LDP covers the period between the 1st of April 2019 and the 31st March 2020. It did not identify any changes in the performance of local policy; mirroring the results of previous reports.
1.4 Responding to the outbreak of the ‘SARS-CoV-2’ virus at the beginning of Spring 2020, substantial amendments were made to the ways of working, procedures, and departmental priorities. Whilst it is difficult to predict the impact of the pandemic on the future LDP performance, the production of the 2020 AMR has already been affected by increased problems in sourcing data and information.
1.5 After having delivered the first LDP Review report in 2017, which was primarily based on previous AMRs as source of evidence, the Council agreed with Welsh Government the community involvement scheme and timetable for producing the next Local Development Plan. Both elements have to be reviewed in light of the restrictions on public engagement and review of crucial evidence.
2. Temporary changes to the preparation of Annual Monitoring Reports in 2020
2.1 Every local planning authority is duty bound to produce an Annual Monitoring Report (AMR) for the adopted Local Development Plan under the obligations of Section 37 of the Town and Country Planning (Local Development Plan) (Wales) Regulations 2005. Upon document completion, it has to be submitted to Welsh Government (WG) by the 31st October each year and published on the Council’s website.
2.2 Acknowledging the difficulties that local authorities and communities are facing in the current Covid19 pandemic, the Minister for Housing and Local Government wrote on the 7th of July 2020: “...I will not require Annual Monitoring Reports (AMR) to be submitted this October. I strongly encourage LPAs to continue with data collection, as this will help shape and inform policy and plan development.
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If LPAs wish to publish an AMR, they can of course do so. I will expect the next formal AMR submission in October 2021.” (Copy of the letter is included in Appendix 4.)
2.3 The draft AMR 2020 was reported to the Denbighshire County Council Strategic Planning Group on the 25th October 2020, where following document discussion it was proposed that the AMR should be reported to Planning Committee and published on the Council’s website but not formally submitted to Welsh Government. The reasoning behind this approach is the lack of data or information for every local policy. It was however important for Councillors and members of the public to receive an update on progress with implementing the adopted LDP.
2.4 Looking ahead to the 2021 AMR, it may even become more difficult to comply with the formal process and document submission because there could be prolonged gaps in recording all necessary information. The impact of the pandemic did not take full effect before the end of March 2020 which means that the majority of data for the current monitoring period was already collected and recorded by individual departments.
3. Welsh Government: DRAFT Future Wales – The National Plan 2040
3.1 When the finalised version is published by Welsh Government (WG), the National Development Framework 2020 – 2040 (NDF) will be the development plan for the whole of Wales, which sets out the land use implications of key policy and objectives at national level. It does not only show where nationally significant developments and large-scale renewable energy projects are going to take place but also where Welsh Government expects growth to be facilitated by lower tier plans: Strategic Development Plans (SDPs) at regional level and Local Development Plans (LDPs) at local level.
3.2 Unlike the Wales Spatial Plan, the National Development Framework will be part of the statutory Development Plan for the County which means that planning applications have to be determined by Planning Committee on policy and site designations contained in the LDP and the NDF. That means that local policies have to be compliant with the higher tier plan.
3.3 Welsh Government carried out the statutory public consultation on the ‘National Development Framework 2020 – 2040, Consultation Draft’ between 7th August and 1st November 2019. The suit of consultation documents did however not contain any information on the proposed monitoring framework for the NDF which makes it difficult to identify any effects on the Denbighshire system and any future AMRs. Any amendments that are proposed to the draft consultation
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document are currently subject to scrutiny in the Senedd, prior to publication in 2021.
4. Welsh Government: Development Plans Manual (Edition 3)
4.1 Welsh Government released the third edition in March 2020 that contains practical guidance on how to prepare, monitor and revise a development plan. Unlike the previous two editions, the latest document is not only limited to LDPs but also includes Strategic Development Plans (SDPs) and many references to the NDF. There hasn’t been a timetable for the delivery of a Strategic Development Plan in North Wales, yet.
4.2 The third edition places greater emphasis on the production of Monitoring Frameworks for Development Plans. Besides greater detail on the formulation of indicators, trigger levels and review actions, Chapter 8 ‘Monitoring, Review and Revision’ prescribes document structure and provides a template for policy assessment tables. It is anticipated that a standardised approach will lead to greater consistency between local planning authorities in the future.
4.3 Besides the requirement for nationally-prescribed indicators that must already be included in every AMR, the new Development Plan Manual will be instrumental in producing the monitoring framework for the next Denbighshire Local Development Plan. The Council will however continue using the existing framework until the adoption of the replacement document.
5. Draft Denbighshire Local Development Plan 2018 – 2033
5.1 The Denbighshire LDP Review Report 2017 concluded that the Council is going to use the full form procedure to revise the adopted LDP. Welsh Government approved the outcome of the report, and approved the Council’s Delivery Agreement in May 2018. There are three fundamental elements of the adopted LDP which require particular attention when drafting the next LDP: 1) Delivery of market and affordable houses in line with revised Welsh Government Household Projections for the County; 2) Addressing the accommodation needs of Gypsy and Travellers; and 3) Reflecting the results of reviews that were carried out for Minerals and Waste Management provision in North Wales.
5.2 The draft Preferred Strategy and key policies set out how Denbighshire is going to address the results of previous Annual Monitoring Reports, and forms the framework for detailed policies and potential site allocations. Public consultation on the draft Preferred Strategy has already taken place with key stakeholders, statutory consultees and members of the public.
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5.3 According to the Delivery Agreement, the Council should be in the process of completing the LDP Deposit stage but progress has been severely delayed by the outbreak of the pandemic. Methods of public engagement have been changed and severely limited, and there is a need to produce further evidence in support of detailed policies. Depending on the duration, severity and consequences of the pandemic for local communities, there will also be the need to review the draft Preferred Strategy and the detail of local policy to meet the changing requirements for local communities.
5.4 The Council is currently not in the position to meet the timetable for delivering the replacement LDP that is set out in the Delivery Agreement, and will produce a revised version.
6. New housing land supply calculation: Housing Trajectory
6.1 Welsh Government cancelled Technical Advice Note 1 ‘Joint Housing Land Availability Studies’ (JHLASs) at the beginning of 2020. It consequently removed the requirement to produce JHLASs and the need to calculate the 5-year housing land supply figure in line with the ‘residual method’. The Council repeatedly pointed out that the ‘residual method’ led to very high annual housing requirements during periods of low economic activity, and in Council-areas where growth levels are based on Welsh Government ‘Household Projections’ that have since been shown to be inaccurate.
6.2 The monitoring of housing land supply is now placed with Annual Monitoring Reports, which must include an updated ‘Housing Trajectory’ for every year. Detailed information on the preparation and monitoring requirements for housing trajectories can be found in ‘Development Plans Manual Edition 3’ (March 2020), Chapters 5 and 8 respectively.
6.3 Denbighshire County Council is in the position of overlapping LDP timeframes. The replacement LDP 2018 – 2021 Preferred Strategy proposes a significantly lower level of projected growth than that of the adopted LDP 2006 - 2021. This has resulted in a lower average build rate (ABR) for the new LDP. Between the two LDPs, there is a variation in the housing requirement of nearly 300 units per annum. It is acknowledged that the proposed growth level of 218 dwellings per annum, as set out in the draft Preferred Strategy, has not been finalised yet, and carries limited weight at this stage in the plan-making process. The new annual requirement is however considered to be a reasonable level of growth based on the latest Welsh Government ‘Population and Household Projections’. Table 1 sets out the various components that are included in the new housing land supply calculations.
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Table 1: Components of housing land supply Component Comment Completions The replacement LDP plan period runs from 2018 – 2033. Any recorded completions from 1st April 2018 are counted towards the housing requirement for the replacement LDP. This total will include all completions on allocated and windfall sites of any size and type. Allocations for Sites in the LDP as allocated for housing which do not Housing currently have the benefit of a planning permission. The LDP Housing Trajectory sets out when it is anticipated that each site identified as an allocation will be delivered. Land Bank Sites which have current planning permissions that are likely to Commitments be brought forward by the end of the LDP period. Windfalls Sites that are not identified specifically for housing in the LDP that may come forward during the LDP period. These may include large sites, small sites and conversions. Large sites are defined as 10 or more units, small sites as less than 10 units. An allowance based on past levels of delivery is included in the housing land supply calculation. The 5-year average for windfall delivery is 90 units per annum. This has been discounted to 50 units per annum in the LDP draft Preferred Strategy and for consistency this is the figure included in the housing trajectory in Appendix 1, table A1.1.
6.4 Chart 1 (next page) does not only set out the completions that have been recorded since 2018 but also the projected completions based on current allocations, land bank commitments and a windfall allowance. No allowance has been made for new allocations from the replacement LDP because the plan is not sufficiently progressed at this stage in the review process. Chart 1 also shows the current LDP requirement (ABR) of 500 units per annum and the projected requirement (ABR) of the replacement LDP of 218 units per annum.
6.5 Appendix 1 contains detailed tables that present the breakdown of the projected housing completions as a trajectory, which are followed by identified sites that make up the remaining allocations and the land bank commitments. Site forecasts have been provided by the house builders currently developing those sites.
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Chart 1: Denbighshire Housing Projections
7. Methodology
7.1 LDP Chapter 7 ‘Monitoring’ sets out the policy target, indicators and review trigger levels for every local policy. They were produced in line with policy objectives, evidence and programme targets that were applicable at the time of producing the LDP. Since 2013, many of these elements have however been amended, superseded, or new monitoring requirements were introduced at the national level.
7.2 Just like the policies contained in the LDP, the monitoring framework can only be changed as part of the LDP Review process. Being able to align existing targets or objectives to new evidence and requirements will enable a better assessment of local policy performance. It is therefore important to look in greater detail why a local policy has been marked as ‘poor performance’ in the 2020 AMR. They may operate and deliver as intended but targets and evidence may have significantly changed, for example BSC 1.
7.3 Local policy and sustainability appraisal objectives were assessed with the help of data and information which were drawn from Council records, national statistics or third-sector organisations. This included, for example, data held by Development Management, Statistics for Wales and a small number of field surveys.
7.4 It is crucial to have regard to the limitations of data that is used for monitoring purposes. The benefits of identifying them is not only going to assist in drawing
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improved conclusions on performance but is also valuable information when reviewing the monitoring framework for the next LDP. Limitations include: . Time and frequency: Data may refer to a point of time rather than the monitoring period. It may only be collected every other year, or is subject to short-term fluctuations. . Material planning considerations do occasionally outweigh local policy without compromising the performance or overall objective. . Reliance on third parties without data necessarily being checked in terms of quality, the prime purpose for collecting the information, and continuous availability throughout the lifetime of the monitoring framework.
7.5 As set out above, the outbreak of the ‘SARS-CoV-2’ virus in March 2020 had an impact on the availability of data. Local authorities and national bodies have focussed all available resources on dealing with the pandemic rather than continuing ‘business as usual’. Due to health and safety concerns, there were no field surveys in April and May 2020. Therefore, the 2020 AMR cannot provide an assessment of every local policy or Sustainability Appraisal indicator.
7.6 Previous AMRs used coloured pictograms to support the reader in identifying the local performance of every policy. These symbols have been amended not only to improve legibility but also to comply with the Council’s ‘accessibility’ criteria for displaying documents on the webpage. Table 2, shows the changes and provides a brief explanation for every item.
Table 2: New pictograms for assessing local policy performance Old symbol New symbol Comment
-- GREEN -- Policy indicator did not meet trigger level for action or review, which means policy conforms to target.
-- YELLOW -- Policy indicator met the trigger level for action or review but the matter is de minimis and a justified exception.
-- RED -- Policy indicator met the trigger level for action or review, and local policy must be reviewed.
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8. Results
8.1 Compared with the results of previous years, there has not been a change in the overall performance of individual policies. Many ‘under-performing’ policies have already previously been highlighted, and are linked to strategic elements of the Denbighshire Local Development Plan. These policies will continue to be identified as ‘under-performing’, unless the Council successfully completes the LDP review process. Additional background information is provided in the Denbighshire LDP Review Report 2017.
8.2 Table 3 presents an overview of those local policies that meet the trigger level for a review. The complete assessment tables can be found in Appendix 2 for local policies and in Appendix 3 for the Sustainability Appraisal objectives.
Table 3: ‘Under-performing’ local policies Local Policy Comment BSC 1 – Meeting the As set out in the LDP Review Report (2017), the LDP housing needs of the Growth Strategy and delivery of market and County. affordable houses fails on the (mathematical) poor delivery of dwellings. Delivery targets were set on the BSC 4, 8, 9 – Increase the basis of Welsh Government ‘Population and number of new affordable Household Projections’ that have been shown to be dwellings built in the greatly over-estimated figures. The Draft Preferred County. Strategy for the next LDP 2018 – 2033 sets out an annual figure of 218 units; compared to 750 units for Period 3 in the adopted LDP. These policies will be highlighted as ‘under- performing’ until the LDP Strategy has successfully been reviewed, i.e. adoption of new LDP. It must however be noted that the Council delivers affordable houses through a number of mechanisms other than the LDP. This includes, for example, the use of social housing grants for bringing empty homes back into use and working with our housing partners. BSC 10 – Meeting the The Council carried out a Gypsy and Traveller needs of Gypsy and Accommodation Needs Assessment (GTANA), which Travellers. was approved by Welsh Government on the 28th of March 2017. Following the refusal of planning permission for a residential site in March 2020, there is still a need for sites for residential and transit use. A new Gypsy and Traveller Accommodation Needs
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Local Development Plan 2006 – 2021
Assessment (GTANA) must be carried out and submitted to WG. However, WG have advised that work cannot currently progress due to Covid-19 pandemic restrictions. Any needs identified will have to be addressed by the Council. PSE 6, 8, 9 – Maintain and Planning Policy Wales, Edition 10 (2018) encourages enhance the vitality and local authorities to identify new regeneration viability of town centres. initiatives and strategies to raise the vitality and viability of our town centres; looking beyond retail as the single form of land use. Local policy was however developed in 2009/10, before the severe decline of retail use. Policy review trigger is linked to vacancy rates of 15% or above for three consecutive years in any town centre. Planning can assist the reduction of vacant premises by considering alternative proposals that do not undermine local and national policy objectives.
8.3 Welsh Government prescribe a number of core indicators that it considers to be essential for assessing the implementation of national policy in every local authority area. (see ‘Local Development Plan Manual Edition 2 (Aug 2015)’, see section 9.3.3). These indicators must be reported in every AMR. Table 4 presents the results for the monitoring period 2019 / 2020. It is noted that ‘Development Plan Manual Edition 3’ was published in March 2020, which contains greater detail on requirements for AMRs, but any changes made to the national core indicators will be reported next year.
Table 4: Welsh Government ‘core’ indicators Core Indicator Results 2019 / 2020 The housing land supply, taken from the Indicator was replaced by the current Housing Land Availability Study. requirement to include a ‘Housing This is measured in years’ supply. Trajectory’ in the AMR. The number of net additional affordable Net additional affordable dwellings and general market dwellings built in the built in 2019/2020: 62 dwellings (all LPA’s area (i.e. through the planning newly built); net additional market system). This should indicate the level of dwellings built in 2019/2020: 99 new housing constructed, minus any dwellings (106 dwellings in total minus demolitions, during the AMR period and 7 replacement dwellings and since the LDP was adopted. demolitions). Information is not available from the point in time when the LDP was adopted. This is a new indicator. Total housing units permitted on allocated Total number of dwellings permitted: sites as a % of overall housing provision. 168, thereof 82.7% on allocated sites.
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Local Development Plan 2006 – 2021
Employment land permitted (ha) on The Council granted planning allocated sites as a % of all employment permission for development proposals allocations. on a total size of 10.8 hectares in 2019/ 2020, which is 3% of all employment land allocations. The adopted LDP designates a total of 354 hectares of employment land. Amount of major retail, office and leisure Amount of major retail, office and development (sq. m) permitted within and leisure development (sqm) permitted outside established town and district in town centres: NIL. (The Council did centre boundaries. not grant permission for major retail, office or leisure development within any town centre.) The Council granted planning permission for 2 leisure (major development) proposals (i.e. a park and a sports pitch with facilities). Total area: 3.74 ha The extent of primary land-won Nil. aggregates permitted in accordance with the Regional Technical Statement for Aggregates expressed as a percentage of the total capacity required as identified in the Regional Technical Statement (MTAN).
8.4 The Sustainability Appraisal (SA) monitoring framework was developed to assess the socio-economic context and changes in which the local policies operate. The expectation is that the Local Development Plan positively contributes towards addressing the key issues and challenges that were identified throughout the different plan preparation stages.
8.5 Whilst not directly linked to local policy performance, the purpose of the SA monitoring exercise is to identify the wider effects of decision-making in Planning on the natural and built environment through the promotion of sustainable development objectives.
8.6 Appendix 3 includes the detailed results for the SA. Just like local policy, it has been very challenging to source any updated figures for the monitoring framework.
Annual Monitoring Report 2020 - 11 - Page 150 Appendix 1 – Housing Land Supply Calculation
Table A1.1: LDP Housing Trajectory LDP Year 1 2 3 4 5 6 7 8 A Year 2018-19 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 2025-26 B Remaining Years C Total LDP Provision D Total LDP Housing Requirement E Actual Recorded Completions (Large Sites) 78 201 F Actual Recorded Completions (Small Sites) 46 41 G Anticipated Completions Allocated sites 0 0 20 35 63 75 H Anticipated Land Bank Completions 422 261 223 131 71 23 I Anticipated Completions Large windfall sites 0 0 25 25 25 25 J Anticipated Completions Small windfall sites 25 25 25 25 25 25 K Total completions 124 242 447 286 293 216 184 148
Page 151 Page L Anticipated Annual Build Rate – Total anticipated annual completions (G+H+I+J) adjusted with x% adjustment factor to future completions. The adjustment factor is not applied to any actual completions recorded in row E&F M Total Projected Cumulative Completions 124 366 813 1099 1392 1608 1792 1940 N Remaining housing completions (housing requirement minus projected completions by year)
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Appendix 1 – Housing Land Supply Calculation
Table A1.2: Windfall Analysis TOTAL COMPLETIONS WINDFALL SITES Year Allocated Large Small site Conversion site windfall <10 units >=10 units 2015-16 28 27 28 44 2016-17 70 57 24 30 2017-18 87 57 38 14 2018-19 62 16 27 19 2019-20 171 30 13 28 Totals 418 187 130 135
Page 152 Page Annual 84 37 26 27 average
Table A1.3: Allocated Sites
Denbighshire 2020 Allocated Site Schedules Completions Forecasts
Units Built Total LPA Ref Units Site Name Settlement since Units U/C 2021 2022 2023 2024 2025 2025 Number Rmng last Capacity + study Private Sector Sites 3635 Car Park Dinorben Arms Bodfari 0 14 14 0 0 0 0 0 0 0 14 3636 Land Rear of Bryn Orme Bodfari 0 15 15 0 0 0 0 0 0 15 0 3637 Land rear of Bryn Awel Bryneglwys 0 10 10 0 0 0 0 0 0 10 0 3639 Land adj Maes Sidan Carrog 0 15 15 0 0 0 0 0 0 15 0 3 Ysgol Caer Drewyn Corwen 0 89 89 0 0 0 0 0 0 89 0 3632 Council Depot, Clawdd Poncen Corwen 0 128 128 0 0 0 0 0 0 128 0 3642 Land adj Bryn Gwynt Cynwyd 0 15 15 0 0 0 5 5 5 0 0
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Appendix 1 – Housing Land Supply Calculation
Denbighshire 2020 Allocated Site Schedules Completions Forecasts
Units Built Total LPA Ref Units Site Name Settlement since Units U/C 2021 2022 2023 2024 2025 2025 Number Rmng last Capacity + study 11 Adj. Catholic Church Denbigh 0 25 25 0 0 0 0 0 0 25 0 3377 Smithfield Service Station Denbigh 0 12 12 0 0 0 0 0 0 0 12 3627 Land Adj Ysgol Heulfre Denbigh 0 99 99 0 0 0 0 0 0 99 0 3645 Land rear of New Inn Terrace Glyndyfrdwy 0 30 30 0 0 0 0 0 0 30 0 3668 Rear of Beuno Terrace Gwyddelwern 0 12 12 0 0 0 0 0 0 12 0 3648 Rear of Maes Garmon Llanarmon yn Ial 0 34 34 0 0 0 10 10 10 4 0 3649 Adj Troed y Fenlli Llanbedr DC 0 10 10 0 0 0 0 0 0 10 0 Page 153 Page 3650 Rear of Llwyn Derw Llanbedr DC 0 10 10 0 0 0 0 0 0 10 0 3651 NW of Maes Derwen Llanbedr DC 0 18 18 0 0 0 0 0 0 18 0 18 Vicarage Field Llanfair DC 0 25 0 0 0 0 0 0 0 0 25 3657 Rear of Bod Eryl Llanferres 0 10 10 0 0 0 0 0 0 10 0 22 Adj. Trem Y Gwernant Llangollen 0 14 14 0 0 0 0 0 0 14 0 3620 Rear of Maes Meurig Meliden 0 30 30 0 0 0 0 0 0 30 0 3621 Rear of Ffordd Hendre Meliden 0 154 154 0 0 20 20 20 20 74 0 3619 Midnant Farm Prestatyn 0 65 65 0 0 0 0 0 0 65 0 3660 South of A494 Pwllglas 0 15 15 0 0 0 0 0 0 15 0 3661 Land at Minffordd Pwllglas 0 20 20 0 0 0 0 0 0 20 0 3663 Rear of Rhyd Y Byll Rhewl 0 20 6 0 0 0 0 0 0 6 0 3195 Rear of Dyffryn Teg Rhuallt 0 13 13 0 0 0 0 0 0 13 0 3664 West of Dyffryn Teg Rhuallt 0 12 12 0 0 0 0 0 0 12 0 3665 South of Dyffryn Teg Rhuallt 0 19 19 0 0 0 0 0 0 19 0 3222 85-90 West Parade & Sandringham Rd. Rhyl 0 20 20 0 0 0 0 0 0 20 0 3617 Land off Trellwelyn Road/Bro Deg Rhyl 0 100 100 0 0 0 0 28 40 32 0 3618 Corner Sydenham Ave/West Parade Rhyl 0 12 12 0 0 0 0 0 0 12 0
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Appendix 1 – Housing Land Supply Calculation
Denbighshire 2020 Allocated Site Schedules Completions Forecasts
Units Built Total LPA Ref Units Site Name Settlement since Units U/C 2021 2022 2023 2024 2025 2025 Number Rmng last Capacity + study 3116 36 Russell Road Rhyl 0 15 15 0 0 0 0 0 0 15 0 3630 Glasdir Phase 2 Ruthin 0 45 45 0 0 0 0 0 0 45 0 3631 Land adj Maes Hafod and Llys Famau Ruthin 0 69 69 0 0 0 0 0 0 69 0 3623 Additional Land at HM Stanley St Asaph 0 201 201 0 0 0 0 0 0 201 0 3624 Land off The Paddock St Asaph 0 16 16 0 0 0 0 0 0 0 16
Page 154 Page 44 Adj. Maes Gruffydd Trefnant 0 15 15 0 0 0 0 0 0 0 15 3666 Land rear of Maes yr Erwain Trefnant 0 25 25 0 0 0 0 0 0 0 25 3667 Land rear of Llys y Twysog Tremeirchion 0 10 10 0 0 0 0 0 0 0 10 TOTALS (Priv) 0 1473 1422 0 0 20 35 63 75 1149 117 RSL and Council Sites TOTALS (HA) 0
TOTALS (incl 0 1473 1422 0 0 20 35 63 75 1149 117 RSL)
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Appendix 1 – Housing Land Supply Calculation
Table A1.4: Landbank Sites
Denbighshire 2020 Land Bank Site Schedules Completions Forecasts
Units Built Total LPA Ref Units since Units U/C 2021 2022 2023 2024 2025 2025 Site Name Settlement Rmng Number last Capacity + study Private Sector Sites 3616 KSS Bodelwyddan Bodelwyddan 0 1715 1715 0 0 0 0 0 0 1715 0 3196 Trem Y Foel (aka Land adj. Tyn Y Bedw) Bryneglwys 0 19 19 0 0 0 0 0 0 19 0 3638 Land adj Cemetery Carrog 0 12 12 0 0 2 0 0 0 10 0 3640 Land adj Crud yr Awel Clawddnewydd 0 10 10 0 0 2 2 2 2 2 0 3641 Land rear of Paradwys Clawddnewydd 0 10 8 0 2 2 0 0 0 4 0 Page 155 Page 2248 Pennant Farm Denbigh 0 12 0 2 0 0 0 0 0 0 0 3626 Land at Lodge Farm Denbigh 0 22 22 0 10 12 0 0 0 0 0 3628 Land between old and new Ruthin Rd Denbigh 0 64 64 0 40 24 0 0 0 0 0 3629 Cae Topyn Denbigh 15 75 32 28 18 14 0 0 0 0 0 3807 Former Howells Prep School Denbigh 3 12 2 5 0 2 0 0 0 0 0 3643 Cysgod y Graig ph 1 Dyserth 1 63 22 40 22 0 0 0 0 0 0 Cysgod y Graig ph 2 Dyserth 0 36 36 0 0 15 15 6 0 0 0 3899 Anglia House Dyserth 0 25 0 25 0 0 0 0 0 0 0 3875 Pool Park Efenectyd 0 68 68 0 0 0 0 0 0 68 0 3062 Gwalia House Eryrys 0 17 17 0 0 0 0 0 0 17 0 3644 Land at Peniarth Gellifor 0 10 10 0 0 5 5 0 0 0 0 3646 Land south of Tan y Graig Graigfechan 0 10 10 0 0 5 5 0 0 0 0 14 Bryn Llan Gwyddelwern 0 12 12 0 0 0 0 0 0 12 0 13 South of School Gwyddelwern 0 26 24 2 0 0 0 0 0 24 0 3310 Ty Coch Farmhouse - EC Evans site Henllan 0 15 15 0 0 0 0 0 0 15 0 3647 South of Cam yr Alyn Llanarmon yn Ial 0 12 12 0 0 0 0 0 0 12 0 3798 Llanbedr Hall Llanbedr DC 0 11 11 0 0 0 0 0 0 11 0
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Appendix 1 – Housing Land Supply Calculation
Denbighshire 2020 Land Bank Site Schedules Completions Forecasts
Units Built Total LPA Ref Units since Units U/C 2021 2022 2023 2024 2025 2025 Site Name Settlement Rmng Number last Capacity + study 3653 Land rear of Bodowen Llandrillo 1 20 16 2 0 0 5 5 6 0 0 3654 Adj Maes Llan Llandyrnog 0 40 40 0 0 10 10 10 10 0 0 3656 Land rear of Bron y Clwyd Llanfair DC 0 63 32 31 18 14 0 0 0 0 0 3914 Land off Vicarage Road (Maes Helyg Llangollen 0 95 82 13 20 20 20 20 2 0 0 31 Land off Cefn Y Gwrych Meliden 0 18 18 0 0 0 0 0 0 18 0
Page 156 Page 3658 Rear of Maeshwylfa Pentre Llanrhaeadr 15 15 0 0 0 0 0 0 0 0 0 3659 Rear of Dolwar Pentre Llanrhaeadr 0 33 33 0 0 10 10 10 3 0 0 3929 74 Gronant Road Prestatyn 0 11 11 0 7 4 0 0 0 0 0 3663 Rear of Rhyd Y Byll Rhewl 0 20 6 0 0 0 0 0 0 6 0 Rhuddlan 3634 2 48 0 46 0 0 0 0 0 0 0 Adj Hafod y Gan & Ysgol Tir Morfa1 (Macbrydes) 3634 Adj Hafod y Gan & Ysgol Tir Morfa Rhuddlan (Anwyl) 4 51 22 25 15 7 0 0 0 0 0 37 Former Brooklands Caravan Park Rhyl 3 25 0 0 0 0 0 0 0 0 0 47 Rhyl South East Rhyl 43 377 92 30 33 41 18 0 0 0 0 75 Northgate School Rhyl 0 22 22 0 0 0 0 0 0 22 0 3864 Land at Brookdale Road Rhyl 7 18 0 0 0 0 0 0 0 0 0 32 Glasdir Ruthin 33 178 0 12 0 0 0 0 0 0 0 3622 Livingstone Place St Asaph 0 158 78 16 20 24 17 17 0 0 0 3625 Land off Bryn Gobaith St Asaph 0 14 14 0 0 0 14 0 0 0 0 TOTALS (Priv) 127 3462 2587 277 205 213 121 70 23 1955 0 RSL and Council Sites 3959 Lon Ganol Denbigh 0 70 0 70 0 0 0 0 0 0 0 3249 Henllan Centre Henllan 0 37 21 0 0 10 10 1 0 0 0
1 Site split between 2 developers, figures supplied from each company involved.
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Appendix 1 – Housing Land Supply Calculation
Denbighshire 2020 Land Bank Site Schedules Completions Forecasts
Units Built Total LPA Ref Units since Units U/C 2021 2022 2023 2024 2025 2025 Site Name Settlement Rmng Number last Capacity + study 3652 Land adj Old Rectory Llanbedr DC 38 38 0 0 0 0 0 0 0 0 0 3093 Plas Deva Caravan Park Meliden 0 41 41 0 41 0 0 0 0 0 0 3947 Former Magistrate’s Court Prestatyn 20 20 0 0 0 0 0 0 0 0 0 3977 The Dell Prestatyn 0 15 15 0 15 0 0 0 0 0 0 3865 Grange Hotel Rhyl 0 44 44 44 0 0 0 0 0 0 0 62 Land at Westbourne Avenue Rhyl 16 20 0 0 0 0 0 0 0 0 0 73 Victoria Road Rhyl 0 18 0 18 0 0 0 0 0 0 0 Page 157 Page 3698 Land Adj Trefnant Inn Trefnant 0 13 0 13 0 0 0 0 0 0 0 TOTALS (HA) 74 316 121 145 56 10 10 1 0 0 0
TOTALS (incl 201 422 261 223 131 71 23 1955 0 RSL)
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Appendix 2 – Local Policy Performance
Local Policy Policy Target Indicator Trigger Level Performance Commentary
LDP Objective 1: Population and Community BSC 1 Meet the housing The number of new In the case of both Monitoring period needs of the houses granted indicators: Less than (01/04/19 to 31/03/20) is in County. planning permission; 500 per year for 3 delivery Phase 3 consecutive years in The number of new Phase 2, and less than -- RED -- Number of dwellings homes completed 750 per year for 3 granted planning annually. consecutive years in permission - PF: 106 Phase 3. -- RED -- Number of dwellings completed: 242.
BSC 1 Maintain 5-year n/a Less than 5 years n/a Indicator was replaced by
Page 158 Page housing land supply. housing land supply. the requirement to include a ‘Housing Trajectory’ into the AMR (see AMR 2020, Appendix 1 and Development Plan Manual, Edition 3).
BSC 2 Increase the The amount of new Decrease below 60% for n/a Information is not available number of development granted housing and because of resource brownfield sites planning permission employment (excluding limitations caused by coming forward for on brownfield sites. Bodelwyddan KSS). urgency to address the development. effects of Covid19 on local communities.
BSC 4; Increase the Number of affordable In the case of both Number of affordable BSC 8; number of new dwellings permitted indicators: Less than -- RED -- dwellings granted planning BSC 9 affordable dwellings per annum; 165 affordable dwellings permission (PF) within the built in the County. permitted per year for 3 last 3 years: consecutive years in 2017/2018 – 37 dwellings; Phase 2, and less than 2018/2019 – 122 dwellings;
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Appendix 2 – Local Policy Performance
Local Policy Policy Target Indicator Trigger Level Performance Commentary
Number of affordable 225 per year for 3 2019/2020 – 62 dwellings; dwellings completed consecutive years in per annum Phase 3. Number of affordable -- RED -- dwellings completed within the last 3 years: 2017/2018 – 11 dwellings; 2018/2019 – 13 dwellings; 2019/2020 – 79 dwellings.
BSC 10 Meeting the needs n/a Where a need for The Council carried out a of Gypsies and permanent and/ or -- RED -- Gypsy and Traveller Travellers. transit sites is identified Accommodation Needs for Denbighshire in the Assessment (GTANA), North West Wales Local which was approved by Page 159 Page Housing Market Welsh Government on the Assessment (LHMA). 28th of March 2017. The Council will work in Following the refusal of partnership with planning permission for a neighbouring authorities residential site in March to instigate a site 2020, there is still a need search. A suitable site for sites for residential and will be identified and transit use. A new Gypsy planning permission and Traveller granted within 18 Accommodation Needs months of receipt of the Assessment (GTANA) North West Wales must be carried out and LHMA, should it identify submitted to WG. a specific need. However, WG have advised that work cannot currently progress due to Covid-19 pandemic restrictions. Any needs
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Appendix 2 – Local Policy Performance
Local Policy Policy Target Indicator Trigger Level Performance Commentary
identified will have to be addressed by the Council.
LDP Objectives 2 and 3: Economy and Jobs PSE 2 An average of 4 The amount of new Less than 3 hectares Planning permission was hectares of employment land, in per year for 3 -- YELLOW -- granted for the employment land hectares, granted consecutive years. development of designated taken up per planning permission. employment land as annum. follows: 2017/ 2018 – 5.72 hectares; 2018/ 2019 – 0.57
Page 160 Page hectares; 2019/ 2020 – 10.80 hectares.
PSE 1; Protect employment The amount of More than 5% lost in There has been no loss of PSE 3 land from non- employment land, in conflict with Policy PSE -- GREEN -- designated employment employment uses. hectares, lost to non- 3 in comparison to the land to alternative uses in employment uses. amount of employment conflict with local policy land, in hectares, PSE 3. available in the year of LDP adoption.
PSE 5 Help to sustain the Unemployment Increase in n/a Changes brought about by rural economy. levels. unemployment levels in the introduction of rural areas 5% above universal credit do not 2011 levels. allow for direct comparison with previous jobseekers’ allowance figures.
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Appendix 2 – Local Policy Performance
Local Policy Policy Target Indicator Trigger Level Performance Commentary
Percentage of people in Denbighshire that claim universal credit was 6.6% in June 2020.
LDP Objective 4: Retail PSE 6; Direct new retail Amount of 1 new major retail, office Planning application ref. PSE 9 development to unallocated new and leisure development -- YELLOW -- 02/2019/0500 – erection of existing town major retail, office permitted outside town food store to enable centres. and leisure floor centres contrary to LDP delivery of employment space permitted policy. units on adjacent land. outside town centres. PSE 7 Meet the The provision of new No projects delivered by Prestatyn Retail Park quantitative need for non-food retail floor 2015. -- GREEN -- opened in March 2013, and Page 161 Page non-food retailing in space in Rhyl, Denbigh Retail Park the county. Prestatyn and opened in 2017. Denbigh.
PSE 8 Maintain the Number of shops lost 5% increase in non- There has not been an 5% balance of retail and due to a change of retail uses in a town -- GREEN -- increase in non-retail uses non-retail uses use. centre for 3 consecutive for 3 consecutive years in within town centres. years. Denbighshire.
PSE 6; Maintain and Number of vacant Vacancy rate of 15% or Town centres of Rhyl and PSE 8; enhance the vitality retail units within above for 3 consecutive -- RED -- Corwen had a vacancy rate PSE 9 and viability of town town centres. years. above 15% for three centres. consecutive years.
PSE 10 Protect local shops Number of local Loss of any local shop Whilst planning permission and services. shops or services lost or service contrary to -- GREEN -- was granted 7 times for due to a change of policy. changes of use, none of use.
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Appendix 2 – Local Policy Performance
Local Policy Policy Target Indicator Trigger Level Performance Commentary
them was contrary to local policy.
LDP Objective 5: Transport ASA 1 Provision is made Number of One development failing The Council did not start for safe access by developments that to incorporate the -- GREEN -- any enforcement action all users, including incorporate recommendations made due to non-compliance / cyclists, pedestrians recommendations in accompanying failure to incorporate the to public services, made in transport assessment recommendations made in retail and accompanying and non-motorised user a planning proposal’s community facilities. transport assessment audits. transport assessment and/ and non-motorised or non-motorised user
Page 162 Page user audits. audits.
ASA 2 Use of planning Number of new No new developments Any improvement to conditions/ S106 developments making necessary -- GREEN -- walking or cycling agreements to improving or making contributions towards infrastructure is principally secure the contributions towards the improvement of secured by use of planning improvement of or the improvement of public transport, walking conditions. contributions to the public transport, or cycling infrastructure improvement of walking or cycling through planning There were no financial public transport, infrastructure through conditions/ S106 contributions as part of a walking or cycling planning conditions/ agreements after four Section 106 agreement. infrastructure likely S106 agreements. years. to be caused by new developments.
ASA 3 Application of Number of new One new development Limited number of maximum parking developments failing to comply with -- YELLOW -- exceptions were granted standards to new exceeding maximum maximum parking due to health and safety or development parking standards standards. other material proposals in line set. considerations.
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Appendix 2 – Local Policy Performance
Local Policy Policy Target Indicator Trigger Level Performance Commentary
with relevant Supplementary Planning Guidance.
LDP Objective 6: Transport BSC 5 Provision of new Length of new road No new road n/a Outline planning road infrastructure/ infrastructure/ infrastructure / no permission for improvements to improvement works improvement works to Bodelwyddan Key existing road to existing network existing network Strategic Site, including network between between A55 between A55 Junction Section 106 Agreement, A55 Junction 26 and Junction 26 and 26 and Bodelwyddan were issued in March Bodelwyddan (Sarn Bodelwyddan (Sarn (Sarn Road) before the 2016. However, applicant Road). Road). occupation of the first has so far not sought the dwelling on the KSS. discharging of conditions. Page 163 Page BSC 5 Improvement of Frequency of bus No increase in n/a public transport / services linking frequency of bus increased bus Bodelwyddan KSS services linking service links and key settlements Bodelwyddan KSS and between per hour. key settlements in Bodelwyddan KSS accordance with the and key settlements timetable agreed by in negotiation with developers and service service providers. operators.
BSC 5 Provision of new Number/ length of No cycle and pedestrian n/a cycle and new cycle and routes/ facilities before pedestrian pedestrian the occupation of the routes/facilities as routes/facilities as first dwelling on the part of the part of the KSS. Bodelwyddan KSS Bodelwyddan KSS. to provide
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Appendix 2 – Local Policy Performance
Local Policy Policy Target Indicator Trigger Level Performance Commentary
connectivity between residential and employment / community facility areas.
LDP Objective 7: Welsh Language RD 5 No significant harm Results of Any development The Council did not permit to the Welsh Community Linguistic permitted where the -- GREEN -- any development where character or Statements or Community Linguistic the supporting documents language balance of Assessments Statement or identified harm to the the community. submitted. Assessment concludes Welsh language or culture.
Page 164 Page Welsh character or language would be harmed where such harm is not outweighed by other considerations.
RD 5 An increase in Use of Welsh or Any development where It’s against Council policy Welsh or bilingual bilingual signage and new streets or places -- GREEN -- to name streets in English signage and Welsh the use of Welsh are created not only. place names. place names in new including Welsh names development. or bilingual signage.
RD 5 Prepare and adopt Preparation and Adoption of SPG within Supplementary Planning Supplementary adoption of SPG. 12 months of the -- GREEN -- Guidance note on Planning Guidance adoption of the LDP. ‘Planning and the Welsh regarding the Welsh Language’ was adopted in language. March 2014.
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Appendix 2 – Local Policy Performance
Local Policy Policy Target Indicator Trigger Level Performance Commentary
LDP Objective 8: Public Open Space BSC 11 Ensure new Number of units 1 planning permission None. developments make granted where the granted where the open -- GREEN -- an adequate open space space requirements are contribution to requirements are not met, except where public open space met. justified in line with provision. policy.
BSC 11 Protect allocated Amount of allocated 1 planning permission None. open space from open space lost to granted for development -- GREEN -- development. development. on open space, except where justified in line with policy.
Page 165 Page LDP Objective 9: Minerals PSE 15 Safeguard high Area of mineral lost to Loss of identified There has been no quality resources of development. mineral except where -- GREEN -- significant loss of minerals, including justified in line with the safeguarded mineral. limestone, sand and policy. gravel, Denbigh gritstones, igneous and volcanic deposits from development that would result in permanent loss or hinder extraction.
PSE 16 Maintain a buffer Number of planning One or more planning No planning permission between sensitive permissions granted permission granted for -- GREEN -- has been granted within development and for sensitive sensitive development Mineral Buffer Zones quarries. within a buffer zone. during the monitoring
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Appendix 2 – Local Policy Performance
Local Policy Policy Target Indicator Trigger Level Performance Commentary
development in buffer period 2019/2020 which zones. compromises the buffer zones. PSE 17 Contribute to the Tonnes of sand & No extraction permitted No planning permission regional demand for gravel extraction by 2017. Landbank falls -- YELLOW -- has been granted for the aggregates. permitted. Maintain a below 10 years. extraction of sand and 10-year landbank of gravel since LDP Adoption hard rock. in June 2013. Landbanks are above 10 years.
The Regional Technical Statement (RTS) 1st
Page 166 Page Review identified a need to allocate 2.2 million tonnes sand and gravel and 0.18 million tonnes crushed rock.
Regional reserves in excess of 15 million tonnes sand and gravel remained at the end of 2018, equating to an 18-year landbank using a 3-year sales average.
Regional reserves of crushed rock in excess of 170 million tonnes remained at the end of 2018 equating to a landbank in excess of 30
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Appendix 2 – Local Policy Performance
Local Policy Policy Target Indicator Trigger Level Performance Commentary
years. The location of permitted reserves and suitable rock type are unevenly distributed across North Wales.
LDP Objective 10: Waste VOE 7 Denbighshire will The percentage of Less than 50% capacity A 200 kilotonne per annum contribute towards waste management permitted by 2015, -- GREEN -- energy from waste plant, the regional need capacity permitted as either within or outside Parc Adfer, located in for waste a percentage of the of the County delivered Flintshire was management total capacity in partnership with other commissioned in capacity. required, as identified north Wales local September 2019 and is in the North Wales authorities, as fully operational which will Page 167 Page Regional Waste Plan proportion of capacity manage residual waste 1st Review. required by arising from across North Denbighshire. Wales, including Denbighshire, who are a joint partner in this residual waste project.
A residual food waste hub in Rhualt serving Conwy, Denbighshire and Flintshire is fully operational.
The requirements of the Regional Waste Plan no longer apply because this plan has been superseded by revisions to TAN 21 Waste and the Collections,
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Appendix 2 – Local Policy Performance
Local Policy Policy Target Indicator Trigger Level Performance Commentary
Infrastructure and Markets Waste Sector Plan which places an emphasis on avoiding overprovision of faculties, in particular, landfill. There is currently no requirement for additional non-hazardous household, commercial and industrial waste landfill capacity in North Wales, with adequate capacity
Page 168 Page located in Conwy and Wrexham, and a landfill awaiting environmental permitting approval in Flintshire.
LDP Objective 11: Energy VOE 10 Progress towards The capacity of Not achieving the target Technical Advice Note 8 the TAN 8 target for renewable energy set out in TAN 8, -- GREEN -- ‘Renewable Energy target onshore wind developments (MW) National Energy Policy 140MW’; Denbighshire energy. (installed or permitted or PPW by 2015. County Council’s total but not yet operational and consented operational) inside capacity was 189.45MW the Strategic Search on the 31/03/2015 (see Area by type per DCC AMR 2015). annum (in collaboration with CCBC).
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Appendix 2 – Local Policy Performance
Local Policy Policy Target Indicator Trigger Level Performance Commentary
VOE 10 Prepare and adopt Preparation and Supplementary Planning Supplementary planning Supplementary adoption of SPG. Guidance not adopted -- YELLOW -- guidance note (SPG) on Planning Guidance by 2013. renewable energy was regarding renewable adopted by the Council in energy. April 2016.
VOE 9 Increase the Number and type of Less than 1 n/a Information is not available capacity of renewable and low development per year because of resource renewable energy carbon energy over 3 consecutive limitations and restrictions developments in the schemes permitted years. relating to the Covid19 County. per annum. pandemic.
LDP Objective 12: Infrastructure BSC 3 Secure contributions Number of planning Failure to secure Total amount of agreed Page 169 Page towards obligations secured. contributions where -- GREEN -- planning obligations in infrastructure to necessary. 2019/ 2020: £358,028.66. meet the additional social, economic, physical and/or environmental infrastructure requirements arising from development.
BSC 12 Prevent the loss of Number of services Loss of any community Whilst planning permission community services or facilities lost facility unless justified in -- GREEN -- was granted 4 times for or facilities. through change of line with policy. changes of use, none of use. them was contrary to local policy.
VOE 6 To ensure new % of new Failure to secure any or n/a Schedule 3 to the Flood development does developments with any successful and Water Management
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Appendix 2 – Local Policy Performance
Local Policy Policy Target Indicator Trigger Level Performance Commentary
not increase risk of Sustainable Drainage challenges to the Act 2010 makes SuDS a flooding. Systems (SuDS) requirement, where mandatory requirement for incorporated, or suitable. all new developments. similar solution, where suitable.
VOE 6 To ensure major Number of major Failure to secure any or n/a Building Regulations – development development any successful Approved Document G proposals make proposals developed challenges to the addresses water efficiency efficient use of in accordance with a requirement, where measures and standards water resources and Water Conservation suitable. that are to be met in new without detriment to Statement. developments. Therefore,
Page 170 Page the environment. there is no need to adopt SPG. VOE 6 Prepare and adopt Preparation and Guidance not adopted n/a Supplementary adoption of SPG. by 2015. Planning Guidance regarding water management.
LDP Objective 13: Mixed-use Development BSC 5 Prepare and adopt --- Supplementary Planning Site Development Brief Supplementary Guidance not adopted -- YELLOW -- ‘Bodelwyddan Key Planning Guidance by the end of 2013. Strategic Site’ was adopted regarding the Key in July 2014. Strategic Site.
BSC 5 Deliver the Key Planning permission Planning permission not Outline planning Strategic Site. granted for 1715 granted by the end of -- YELLOW -- permission was granted, dwellings, 26 2013. subject to Section 106 hectares of agreement, in January employment land and 2015. Terms and
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Appendix 2 – Local Policy Performance
Local Policy Policy Target Indicator Trigger Level Performance Commentary
associated facilities conditions of the Section and infrastructure. 106 agreement were approved in March 2016.
LDP Objective 14: Design RD 1 Respect site and Average density of Average density of Deviations from the 35 surroundings and residential residential development -- GREEN -- dwellings per hectare ensure sustainable development permitted falling below density requirement were land take. permitted. 35 dwellings per hectare justified where site-specific unless justified by conditions necessitated policy. doing so.
RD 1 Produce --- Supplementary planning Supplementary Planning supplementary guidance not produced -- YELLOW -- Guidance ‘Residential Page 171 Page planning guidance by the end of 2013. Development’ was adopted regarding design. in October 2016.
BSC 1 Create mixed and The provision of a No developments There have been a number balanced range of house sizes, completed with a range -- GREEN -- of residential development communities. types and tenure to of house sizes, types schemes that delivered a reflect local need. and tenure to reflect range of house types and local need. sizes to reflect local need such as, ‘Cae Topyn’ in Denbigh, ‘Cae Mair’ in Llanfair DC and ‘Cysgod y Graig’ in Dyserth.
BSC 7 Prevent the creation Number of HMOs 1 or more HMOs None. of Houses in granted planning granted planning -- GREEN -- Multiple Occupation. permission. permission.
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Appendix 2 – Local Policy Performance
Local Policy Policy Target Indicator Trigger Level Performance Commentary
VOE 1 Direct inappropriate Amount of 1 or more granted n/a Information is not available development away development planning permission. because of resource from the flood plain. permitted in C1 and limitations caused by C2 flood plain areas urgency to address the not meeting all TAN effects of Covid 19 on local 15 tests (paragraph communities. 6.2 i-v).
LDP Objective 15: Tourism PSE 1 Contribute towards Number of tourism Loss of any tourism None. the visitor economy. facilities lost through facility except where -- GREEN -- change of use. justified in line with
Page 172 Page policy.
PSE 1 Contribute towards Number of planning No planning Local policy PSE 12 and the visitor economy. permissions granted permissions granted -- GREEN -- PSE 14 are frequently and completed in over 3 years in applied to planning accordance with accordance with the proposals aiming to agree policies PSE1 criteria named policies. farm diversification, iii), PSE 11, PSE 12 extending the tourism offer and PSE 14. in rural areas, or extensions to existing caravan sites.
VOE 3 To protect the Prepare joint SPG. Joint SPG not adopted The Joint SPG, including designation of the by the end of 2013. -- GREEN -- Denbighshire, Wrexham World Heritage Site, and Shropshire (England), its Outstanding was adopted in June 2012, Universal Value and and has been revised in setting. August 2013.
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Appendix 2 – Local Policy Performance
Local Policy Policy Target Indicator Trigger Level Performance Commentary
VOE 3 To protect and Prepare joint SPG. Joint SPG not adopted The Joint SPG, including enhance the World by the end of 2013. -- GREEN -- Denbighshire, Wrexham Heritage Site Buffer and Shropshire (England), Zone character. was adopted in June 2012, and has been revised in August 2013.
LDP Objectives 16: Areas of Protection VOE 5 Protect statutory Number of No development The Council did not designated sites of developments that proposal granted -- GREEN -- approve any planning nature conservation have an adverse planning permission that application that would from adverse effects effect on statutory would have an adverse adversely affect statutory caused by new designated sites of effect on statutory designated sites of nature development. nature conservation. designated sites of conservation. Natural Page 173 Page nature conservation and Resources Wales and the unless accepted by County Ecology and Natural Resources Biodiversity Officer are Wales as being both consulted on necessary for proposals that are likely to management of the have an effect on designated site. ecological features.
National Policy Objectives n/a Delivering new Number of planning ------Total number of dwellings housing on permissions granted permitted: 168, thereof allocated sites. on allocated sites, as 82.7% on allocated sites. a % of total development permitted (hectares and units).
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Appendix 2 – Local Policy Performance
Local Policy Policy Target Indicator Trigger Level Performance Commentary
n/a Maintaining the Amount of major ------Amount of major retail, vitality and viability retail, office and office and leisure of town centres. leisure development development (sqm) (sqm) permitted in permitted in town centres town centres expressed as a percentage expressed as a of all major development percentage of all permitted: O% (The major development Council did not grant permitted. permission for major retail, office or leisure development within any town centre.)
Page 174 Page n/a Amount of All new housing One new development n/a Policy Target and Indicator residential developments to not meeting national are no longer covered by development meet this National requirements. planning legislation. meeting the Code requirement. Planning Policy Wales for Sustainable (Edition 7), Section 4.12, Homes Level 3 and has been revised to delete obtaining 6 credits the national development under Ene 1 – management policy on Dwelling Emissions sustainable building Rate standards. These changes have been made in light of amendments to Part L of Building Regulations on energy efficiency.
n/a Amount of non- All new non- One new development n/a Policy Target and Indicator residential residential not meeting national are no longer covered by development over developments to requirements. planning legislation. 1,000m² on a site Planning Policy Wales
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Appendix 2 – Local Policy Performance
Local Policy Policy Target Indicator Trigger Level Performance Commentary
over 1ha meeting meet this national (Edition 7), Section 4.12, BREEAM ‘very requirement. has been revised to delete good’ standard and the national development achieving management policy on mandatory credits sustainable building for Excellent under standards. These changes issue Ene 7 – have been made in light of Reduction of CO2 amendments to Part L of Emissions Building Regulations on energy efficiency.
Page 175 Page
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Appendix 3 – Sustainability Appraisal Objectives Monitoring
Effect to be monitored Indicator Target/ Data Source Performance Commentary
SA Objective 1: Ensure the housing needs of the community are met The LDP includes a No. of affordable homes To follow guidance on Affordable homes – whilst the number of policies delivered per annum and provision of affordable -- GREEN -- annual rates have varied, the promoting new housing the % of eligible housing in the interim total number of AH delivered which should positively residential planning North East Wales Housing throughout the Plan period contribute to housing permissions where Market Assessment until now is 865. An updated needs. affordable housing has Local Housing Market been negotiated. Assessment was published in July 2019. Following LDP adoption all residential developments have met the policy requirements
Page 176 Page for affordable provision unless deviation was justified in line with Policy BSC 4 & SPG Affordable Housing.
% of vacant housing 100% n/a Information is not available because of resource limitations and restrictions relating to the Covid19 pandemic.
Households on the Year on year reduction in n/a Information is not available Housing register the number of households because of resource on the housing register limitations and restrictions relating to the Covid19 pandemic.
% of unfit housing To reduce the percentage n/a Information is not available against the Welsh of unfit homes because of resource limitations and restrictions
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Appendix 3 – Sustainability Appraisal Objectives Monitoring
Effect to be monitored Indicator Target/ Data Source Performance Commentary
Housing Quality relating to the Covid19 Standard pandemic.
Average property price To reduce the ratio of Average price March 2020 compared against property price and -- RED -- £165,109 a 7.8% rise.; average earnings earnings; Source: Source: Land Registry www.landreg/gov.uk / Property price / average Wealth of the Nation, 2004 earnings: 4.67 (2009) Property price / average earnings: 5.66 (2018) Property price / average earnings: 5.7 (2019)
SA Objective 2: Promote community health and well-being Page 177 Page Promote community Life expectancy To maintain/increase life Life expectancy has shown health and well-being. expectancy; Source: -- GREEN -- small increases between 2006 www.statswales.gov.wales and 2014. There are no later figures from ONS and StatsWales.
No. of planning 100% for major n/a Health Impact Assessments applications incorporating developments (HIAs) are not mandatory in Health Impact the Welsh Planning system. Assessment (HIA) The Council has however carried out a HIA for the Bodelwyddan Site Development Brief and the Open Space Supplementary Planning Guidance. Decision- making is informed by the Council’s Well-Being Impact Assessment tool that
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Appendix 3 – Sustainability Appraisal Objectives Monitoring
Effect to be monitored Indicator Target/ Data Source Performance Commentary
considers different types of impacts on local services.
Community Satisfaction / To decrease % of people n/a Data not captured. perceptions surveys – who describe their health Housing Estate Surveys as poor
Indices of deprivation To decrease % of n/a Information is not available population living in most because of resource deprived areas limitations and restrictions relating to the Covid19 Proportion of households 0% Source: NRW (CCW) n/a pandemic.
Page 178 Page not living within 400m of Accessible Green space their nearest natural standards Data not captured. green space Access to services in rural Proportion of households Increase n/a areas remains an issue but within reasonable Denbighshire is not an walking distance of key authority highlighted as have health services one of the highest proportions of wards in the worse 10% (Welsh Index of Multiple Deprivation 2019).
The County of Denbighshire is primarily rural in character. There are only a small number of households that live within a reasonable walking distance of key health services.
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Appendix 3 – Sustainability Appraisal Objectives Monitoring
Effect to be monitored Indicator Target/ Data Source Performance Commentary
SA Objective 3: Promote safer neighbourhoods and contribute to a reduction in the fear of crime Promote community Overall crime rates by To reduce crime rates year n/a Information is not available health and well-being; type on year because of resource the LDP has reference limitations and restrictions to safety and crime in Average crime rate in To reduce the number of n/a relating to the Covid19 policies that consider Denbighshire per 1000 crimes committed per 1000 pandemic. design. inhabitants inhabitants The Council adopted Supplementary Planning Guidance on Community Safety in March 2017.
SA Objective 4: Enhance existing and promote the development of high-quality recreation, leisure and open space and provide opportunities for people to experience and respect the value of the natural environment Page 179 Page Polices in the LDP seek Accessibility / availability To increase % of residents n/a Information is not available to protect open space of community facilities using local authority and/or because of resource and so the effect are private sports and leisure limitations and restrictions predicted to be positive. facilities at least once a relating to the Covid19 week pandemic.
Number of residential 100% All planning permissions met permissions granted -- YELLOW -- the open space requirements where the open space as set out in Policy BSC 11. A requirements are met number of appeals have subsequently been lodged Hectares of accessible To increase (use the n/a and won seeking the removal countryside and local Green Space Toolkit) of conditions relating to the green space payment of commuted sums for open space. An audit of Number and % residents Increase numbers year on n/a open space was carried out in using parks, open spaces year 2016 which supports open
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Appendix 3 – Sustainability Appraisal Objectives Monitoring
Effect to be monitored Indicator Target/ Data Source Performance Commentary
and nature reserves space requirements in the annually future.
The Council adopted a revised Supplementary Planning Guidance note on ‘Recreational Open Space’ in March 2017.
SA Objective 5: Improve accessibility to education, employment, health, homes and community services for all sectors of the community through modes of transport other than the private car It will be important to Accessibility /availability Distances from residents’ n/a Information is not available
Page 180 Page monitor the accessibility of community facilities properties to community because of resource of the opportunities. (schools, health and facilities as listed in the limitations and restrictions social facilities, nurseries, indicator to comply with the relating to the Covid19 further education Welsh Index of Multiple pandemic. establishments, Deprivation community halls, churches, libraries, residential homes for the elderly, cemeteries, open space, sports facilities, supported accommodation, theatres and cinemas)
% of rural residential Maintain and improve the n/a population within walking proportion distance of key services
Travel to work Reduce the distance of n/a data/modal split travel to work and reduce
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Appendix 3 – Sustainability Appraisal Objectives Monitoring
Effect to be monitored Indicator Target/ Data Source Performance Commentary
the % of people who travel by means of private car. Increase % of people travelling by sustainable modes of transport Information is not available (walking/cycling/public because of resource transport) limitations and restrictions relating to the Covid19 Traffic volumes To reduce traffic growth n/a pandemic. rates
Proportion of new To monitor of new n/a developments (housing/ developments within economic/ retail) located reasonable walking Page 181 Page within reasonable distance walking distance of public transport, cycle ways and footpaths Information is not available Frequency/reliability of Ensure frequency is n/a because of resource public transport maintained and improved limitations and restrictions relating to the Covid19 Length of bus network Ensure frequency is pandemic. maintained and improved
No. of settlements served Ensure frequency is n/a by bus/rail maintained and improved
% of residential Record the amount n/a developments making provided and the method relevant infrastructure spent contributions
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Appendix 3 – Sustainability Appraisal Objectives Monitoring
Effect to be monitored Indicator Target/ Data Source Performance Commentary
SA Objective 6: Protect and enhance the Welsh language and Culture, including the County's heritage assets LDP Policy RD 4 as well Proportion of Welsh Maintain and improve the n/a as the LDP objective to speakers in the County proportion Information is not available retain young people in and their distribution because of resource the County through the limitations and restrictions provision of affordable Proportion of people with Maintain and improve the n/a relating to the Covid19 housing. skills in the Welsh proportion pandemic. Language
Welsh medium schools Maintain and improve the n/a and pre- schools as a proportion proportion of all schools
Page 182 Page Bi-lingual published Maintain and improve the All Council documents and material proportion -- GREEN -- material must be published bi- lingual.
% quality of Schedule No reduction in quality. n/a Data is not captured. Ancient Monuments, Historic Parks and Gardens, Conservation Areas, Historic Landscapes
Number of listed Reduction n/a Data is not captured. buildings on the ‘Buildings at Risk Register’
% of Schedule Ancient Increase n/a Data is not captured. Monuments subject to positive actions
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Appendix 3 – Sustainability Appraisal Objectives Monitoring
Effect to be monitored Indicator Target/ Data Source Performance Commentary
undertaken by DCC as a result of plan proposals
% of demolition in Low-number in demolition n/a Data is not captured. Conservation Areas
% of Conservation Areas 50% up to date All Conservation Areas in with an up- to-date -- GREEN -- Denbighshire benefit from a character appraisal character appraisal. Amendment to Rhyl Conservation Area boundary was confirmed in 2020. Number of Conservation Nil LDP does not contain any Areas adversely affected -- GREEN -- proposal that is contrary to Page 183 Page by plan proposals Conservation Area objectives.
SA Objective 7: Support County economic development and regeneration, including the provision of opportunities for rural diversification New employment land Gross Value Added per To increase GVA per n/a Information is not available will be permitted in the capita capita because of resource County and it will be Gross Value Added per To increase GVA per n/a limitations and restrictions important to monitor the worker worker relating to the Covid19 land take. In addition, pandemic. the SRA will be developing regeneration Proportion of economic To increase the number of n/a Data is not captured. schemes which will have activity by sector sectors, especially rural an impact on the levels trends of deprivation in the % changes in the number To increase the overall Number of VAT registered north of the County. The of VAT registered number of VAT registered -- GREEN -- enterprises/ number of active number and type of rural enterprises enterprises enterprises has slightly diversification will be increased from 3155 (2006) to
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Appendix 3 – Sustainability Appraisal Objectives Monitoring
Effect to be monitored Indicator Target/ Data Source Performance Commentary
monitored for trends and 3,305 (2018). [Latest figures impacts. from ONS]
Employment / Reduction in Denbighshire Employment unemployment rates unemployment rate Rate – 71.6% (Year ending 31/03/07) rose to 73.0% (Year -- YELLOW -- ending 31/03/20); Denbighshire Unemployment Rate – 4.0% (Year ending 31/03/07) fell to 2.2% (Year ending 31/03/19) but rose to 4.0% again (year ending
Page 184 Page 31/03/2020) [Figures from Nomis]
Unemployment claimant To decrease the proportion Denbighshire Unemployment count with proportion of of people claiming -- YELLOW -- Claimant count – 2,125 residents of working age unemployment benefit (August 2011) fell to 1,835 population (June 2019) but have risen sharply to 3,635 (June 2020) [Figures from Stats Wales];
Take up of allocated To increase the take up of There is no clear trend employment land employment land -- YELLOW -- indicating a steady increase in employment land take-up. SA Objective 8: Maintain and enhance the vitality and viability of town and rural centres The LDP protects the Vacancy rates in town To decrease the amount of Vacancy rates in local town retail core of town centres vacant floorspace centres vary throughout the centres from -- YELLOW -- County with Rhyl and Corwen inappropriate change of town centres being the only use and so a positive ones with more than 15% for 3 consecutive years.
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Appendix 3 – Sustainability Appraisal Objectives Monitoring
Effect to be monitored Indicator Target/ Data Source Performance Commentary
effect should be Quality of town centres Maintain and improve the Denbighshire Town Centre monitored. (perception surveys) quality -- GREEN -- Health Check was carried out in 2018.
% changes in total Increase in the number of The number of active number of VAT VAT registered businesses -- YELLOW -- businesses in Denbighshire registered enterprises in increased from 3,155 in 2006 town and rural centres to 3,400 in 2017 but fell to 3,305 in 2018. (Stats Wales)
% change in total number To resist the loss of village n/a Data is not captured. of shops, pubs and post shops, pubs and post offices in rural centres offices in rural areas where appropriate Page 185 Page SA Objective 9: Make the best use of previously developed land and existing buildings in locations served by sustainable transport modes The new development % of dwellings built on % of new dwellings to be n/a Information is not available promoted through the previously developed built on previously because of resource LDP could lead to the land developed land same limitations and restrictions remediation of comment as below relating to the Covid19 brownfield land. pandemic.
Number of developments All developments aim for a n/a Information is not available meeting densities of density of 30 dwelling per because of resource between 30-50 dph and hectare limitations and restrictions higher % in town centres relating to the Covid19 and areas with high pandemic. public transport accessibility
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Appendix 3 – Sustainability Appraisal Objectives Monitoring
Effect to be monitored Indicator Target/ Data Source Performance Commentary
Amount of derelict land Reduce year on year n/a Information is not available because of resource No of empty properties Reduce year on year n/a limitations and restrictions relating to the Covid19 pandemic.
SA Objective 10: Safeguard soil quality and function and maintain long term productivity of agricultural land The new development Total area of To reduce the area of Land remediation on sites promoted through the contaminated land contamination year on year -- GREEN -- allocated in the LDP was LDP will lead to the carried out on 0.78 ha of land removal of soil from the for a food store at the Former land. Total area remediated as To remediate all areas of Gasworks, Prestatyn and
Page 186 Page part of new development contamination to a -- GREEN -- 1.73ha for retail development satisfactory standard when at Station Yard, Denbigh. required by new Where development has yet development to commence, this will be controlled through the use of Soil management Positive mitigation of and conditions attached to the methodology reuse/replacement of soil -- GREEN -- planning permission.
SA Objective 11: Protect and enhance all international, national and locally designated nature conservation sites, protected species and geo-diversity sites and avoid their damage or fragmentation. Protect, enhance and create appropriate wildlife habitats in urban and rural areas thus enhancing biodiversity There are policies in the Area and condition of 85% of SSSI features in Nature conservation and LDP to protect the statutory nature favourable condition by -- GREEN -- biodiversity enhancement biodiversity in the conservation sites. Area 2013. No adverse effects measures are a principal County and so the and condition of non- on SAC’s/SPA’s consideration in determining effects are predicted to statutory nature planning applications. There be positive. However, conservation sites hasn’t been a single planning information should be permission that will adversely
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Appendix 3 – Sustainability Appraisal Objectives Monitoring
Effect to be monitored Indicator Target/ Data Source Performance Commentary
collected in relation to affect statutory designated condition and sites of nature conservation. enhancement of the sites to monitor the % of designated sites To improve condition of all n/a Data is not captured. effectiveness of the LDP improved by the LA designated sites policies.
Number of No loss or damage to Ecology and Biodiversity proposals/policies designated sites at all -- GREEN -- Officer is consulted on resulting in the loss or levels proposals that are likely to damage to designated have an effect on ecological sites features.
Achievement of the Annual Local Biodiversity The Denbighshire Biodiversity Page 187 Page Biodiversity Action Plan Action Plan reports -- GREEN -- Partnership reports actions targets derived from the Denbighshire Local Biodiversity Action Plan to the Biodiversity Action Reporting System. There are 75 listed on BARS website.
No. of Regionally No decrease in number There has been no decrease Important Geological and -- GREEN -- in the number of Regionally Geomorphological Sites Important Geological and (RIGS) Geomorphological Sites (RIGS).
Area of land actively Increase in the area of n/a Data is not captured. managed for nature land managed under conservation Environmental Stewardship Schemes e.g. Tir Gofal
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Appendix 3 – Sustainability Appraisal Objectives Monitoring
Effect to be monitored Indicator Target/ Data Source Performance Commentary
Number of development Increase proportion of n/a Data is not captured. schemes which include ecological design in new design in ecological developments features
Maintenance regimes in 100% n/a Data is not captured. place for new habitats on new developments
SA Objective 12: Preserve and enhance landscape character across the County, particularly the AONB The LDP seeks to % of county designated No decrease Extension to the AONB protect the local for landscape -- GREEN -- supported and achieved.
Page 188 Page landscape. It will be important to monitor % of county designated No decrease SPG for AONB and World whether new as high or outstanding -- GREEN -- Heritage Site adopted. No developments positively landscape quality changes in LANDMAP contribute to the design (LANDMAP studies) evaluation. quality of settlements. Changes in the No changes LANDMAP evaluation -- GREEN -- and extent of that change as a result of development
SA Objective 13: Protect and improve the water quantity and quality of inland and coastal waters The LDP seeks to % of watercourse 91% of rivers length in the In 2015, 42 per cent of Welsh protect the quality of classified as good UK should be of good -- GREEN -- waters achieved good or surface and groundwater biological and chemical quality by 2010. DCC will better ecological status, an resources. The quality work towards achieving increase compared with 31.2 availability of water this target. Source: NRW per cent in 2009. Sea water of resource falls within the the North Wales Coast has
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Appendix 3 – Sustainability Appraisal Objectives Monitoring
Effect to be monitored Indicator Target/ Data Source Performance Commentary
remit of Dŵr Cymru Compliance with Bathing 100% compliance been described as compliant which is responsible for Water Directive, -- GREEN -- with Bathing Water Directive. managing water supply European Blue Flag and (NB: There has been no and demand across UK Seaside awards update since 2015.) Wales, although it is recognised that this will Groundwater quality To maintain groundwater n/a Data is not captured. be affected by the levels quality of growth within each settlement. Indicators Distribution of aquifers To maintain groundwater have been proposed to and their vulnerabilities quality monitor water quality and the potential effects Number of incidents of 0% n/a Data is not captured. of new development. major and significant The LDP also promotes water pollution due to Page 189 Page sustainable design and new developments construction and so it will be beneficial to Surface water and --- n/a Data is not captured. monitor water use in the groundwater abstractions LDP, although this is (licensed and private) also affected by individual actions. % of planning To reduce overall water n/a Data is not captured. permissions with water consumption in new saving devices/ grey developments water recycling required as part of conditions
Estimated household Long term decrease n/a Per capita consumption of water consumption (litres water by year for Wales from per head per day) 150 litres (2006) to 149 litres (2011) per person per day. Figures last updated by Stats Wales: 25 July 2012
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Appendix 3 – Sustainability Appraisal Objectives Monitoring
Effect to be monitored Indicator Target/ Data Source Performance Commentary
SA Objective 14: Minimise the vulnerability to flooding and ensure new development does not increase flood risk There are a number of % of planning All new development New development requires policies to direct new applications with SuDS proposals to show that -- GREEN -- SUDS approval prior to site development away from required as part of sustainable drainage has commencement (Council is areas of flood risk and conditions been considered and SUDS approval body) so effects should be implemented if positive. The extent to appropriate; Source: NRW which the need for permeable surfaces and No. of new vulnerable 0% n/a Information is not available the use of SuDS is development granted because of resource promoted in new planning permission in limitations and restrictions development. C1 and/or C2 floodplain relating to the Covid19
Page 190 Page area contrary to advice pandemic. from the Environment Agency Natural Resources Wales
SA Objective 15: Protect and improve air quality It is not predicted that Levels of main pollutants To meet National Air An Air Quality Management the LDP will result in Quality Standards -- GREEN -- Zone has not been adverse effects on air established in the County of quality. However, some Denbighshire yet. contextual monitoring No. of days when air --- n/a Data is not captured. could be undertaken to pollution is moderate or support other high for NO2, SO2, O3, monitoring. CO or PM10
SA Objective 16: Contribute to a reduction in greenhouse gas emissions (especially CO2) by increasing energy conservation and efficiency in development and support increased provision and use of renewable energy Monitor the success of Annual greenhouse gas To reduce CO2 emissions n/a Data is not captured. the MIPPS 01/2009 emissions by sector by 20% by 2010 and by 60% by 2050 from a 1990
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Appendix 3 – Sustainability Appraisal Objectives Monitoring
Effect to be monitored Indicator Target/ Data Source Performance Commentary
requirement for new baseline figure (national development. target) Source: UK Climate Change Programme 2000
No. of Code for 100% of new dwellings to n/a Planning Policy Wales Sustainable Homes meet Code Level 3 (Edition 7) was revised to assessments Standards from 2010. delete the national accompanying new 100% of new commercial development management developments buildings to meet BREEAM policy on sustainable building Very Good Standard standards. These changes have been made in light of amendments to Part L of Building Regulations on energy efficiency coming into Page 191 Page force.
% of energy produced in 10% renewable energy n/a Data is not captured. the County generated target by 2010 (national from renewable sources target) and 60% by 2050 Source: UK Climate Change Programme
No. of buildings Increase number year on n/a Information is not available incorporating renewable year because of resource energy production (solar limitations and restrictions panels, wind turbines, relating to the Covid19 photovoltaics, ground- pandemic. source heat)
Construction projects All major development n/a Information is not available incorporating on-site projects to incorporate on- because of resource recycling site recycling limitations and restrictions
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Appendix 3 – Sustainability Appraisal Objectives Monitoring
Effect to be monitored Indicator Target/ Data Source Performance Commentary
relating to the Covid19 pandemic.
SA Objective 17: Protect mineral resources from development that would preclude extraction Amount of mineral To sustainably manage Reuse of aggregates in There is a need to reserves existing reserves -- GREEN -- construction was consider the mineral approximately 50% in North deposit which may be Reuse of aggregates in 100% Wales according to the 2012 found underneath a construction -- GREEN -- Construction and Demolition development proposal. Survey undertaken by Natural Number of planning 0% Resources Wales. However, applications approved -- GREEN -- less than 1% of aggregate
Page 192 Page resulting in the wastes were actually disposed sterilisation of mineral of by landfill in North Wales, reserves with the vast majority of aggregate wastes being recovered for beneficial use, including backfilling. Although this indicator is not being complied with, in light of the above the objective is still being met. No mineral reserves were sterilised by non-mineral development. Priority to safeguard limestone and sand and gravel deposits. Mineral buffer zones were 100m for sand and gravel and 200m for hard rock (DCC LDP, adopted 2013).
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Appendix 3 – Sustainability Appraisal Objectives Monitoring
Effect to be monitored Indicator Target/ Data Source Performance Commentary
SA Objective 18: Encourage waste reduction, reuse, recycling and recovery and regional self-sufficiency New development in the Household, construction Reduction in waste to at The target for 2009/10 was County will need to and demolition and least 10% of 1998 figure met across Wales (Source: consider how it can industrial waste by 2010 By 2020 waste Municipal Sector Plan). minimise the impact on production (tonnage) arising per person should -- GREEN -- the environment. be less than 300 kg per Recycling rates were 64% in Policies VOE 7 & 8 annum; Source: Municipal 2018 which was reached two permits new local waste Waste Management years early. The next target is management sites / Strategy for Denbighshire 70% by 2025. A proposal to facilities and so those County Council, February change a new weekly numbers should be 2005 collection for recyclables, a monitored. weekly collection for food % of household, By 2009/10 achieve at waste and a new fortnightly construction and least 40% -- GREEN -- collection for clothes and Page 193 Page demolition and industrial recycling/composting, with small electrical items. waste recycled a minimum of 15% Proposed change for the composting and 15% collection of non-recyclable recycling Source: waste to every 4 weeks and Municipal Waste part of this will include a larger Management Strategy for 240 litre black bin to replace Denbighshire County the current 140 litre one. Council, February 2005
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Appendix 4 – Welsh Government Letter (ref MA-JJ-2099-20)
Julie James AS/MS Y Gweinidog Tai a Llywodraeth Leol Minister for Housing and Local Government
Ein cyf/Our ref MA-JJ-2099-20
Local Authority Leaders and Chief Executives National Park Authority Chief Executives
7 July 2020
Dear Colleagues,
The Corona Virus pandemic is the biggest emergency humanity has faced in living memory and quite rightly the immediate role for government has been to protect the health and livelihoods of citizens. Over recent months we have achieved much by working together. Our success collaborating must be captured and built on as we move to recovery.
We already know the pandemic has impacted most on those in our communities who have least, exacerbating social, economic and environmental inequalities. Our approach going forward must focus on addressing those longstanding inequalities by taking a values based approach to recovery which promotes social, economic and environmental justice.
Some of the changes we have seen over recent months have been beneficial. The improvement of our natural environment, reduction in greenhouse gas emissions and improved air quality, greater reliance on active travel to access local services and the ability of people to recalibrate their work/life balance have been very positive. Just over a year ago, the Welsh Government and many local authorities declared a climate change emergency. This pandemic has demonstrated vividly that we are facing a climate and nature emergency with limited time to change our lifestyles to protect our environment and humanity from the consequences of climate change and habitat and species loss. Tacking homelessness, increasing social housing and providing fair work must also be prioritised with new vigour to address social and economic inequalities.
The planning system is central to shaping a better future for Wales and it is essential that all levels of government ensure that plans, policies and procedures improve the wellbeing of our people and the resilience of our environment. It is my strongly held view that we must not sacrifice the principles of sustainable development and place making in the pursuit of economic recovery at any cost. Up to date agile development plans are the cornerstone of our planning system. Our commitment to a plan led planning system has been reinforced and not reduced by the current crisis.
Canolfan Cyswllt Cyntaf / First Point of Contact Centre: 0300 0604400 Bae Caerdydd • Cardiff Bay [email protected] Caerdydd • Cardiff [email protected] CF99 1SN Rydym yn croesawu derbyn gohebiaeth yn Gymraeg. Byddwn yn ateb gohebiaeth a dderbynnir yn Gymraeg yn Gymraeg ac ni fydd gohebu yn Gymraeg yn arwain at oedi.
We welcome receiving correspondence in Welsh. AnyPage correspondence 194 received in Welsh will be answered in Welsh and corresponding in Welsh will not lead to a delay in responding. National Development Framework Work on the preparation of the National Development Framework (NDF) was paused when the Senedd went into emergency procedures. The First Minister’s Continuity Plan has identified the NDF as a priority to be completed before the next Senedd election and will be submitted to the Senedd for scrutiny later this year with publication of the final framework early in 2021. The opportunities and challenges which the NDF was designed to address before the pandemic are equally as valid today. The urgency with which the opportunities and challenges need to be addressed is greater than ever in areas such as decarbonisation and tackling social and economic inequalities. The NDF submitted to the Senedd will include enhanced coverage on regional planning, including moving to a 4 region model advocated by many during the earlier consultation. The NDF regional policies will provide a robust framework for the preparation of Strategic Development Plans (SDPs).
Strategic Development Plans The past few months have demonstrated the benefits of regional working on complex issues through structures such as the local resilience forums. The Local Government and Elections Bill is currently progressing through the Senedd with the view to it becoming law in early 2021. The Bill will provide a legal framework for regional collaboration through the creation of Corporate Joint Committees and require the preparation of SDPs.
SDPs will be necessary to implement the NDF and support recovery from the pandemic as many of the issues which need to be addressed most urgently transverse local authority boundaries. The pandemic has placed a severe strain on public finances following a decade of austerity and we may be facing a recession at least as deep as that of the early 1980s. This will put further strain on local planning authorities which have witnessed some of the deepest cuts of all public services in recent years. Local planning authorities are also likely to see lower fee income due to the reduction of construction activity. In this context, local authorities must think strategically about the best use of their resources and I strongly urge you to consider with new vigour opportunities to collaborate to prepare Strategic Development Plans and deliver planning services more generally.
Local Development Plans Local planning authorities must reflect on the impact of the pandemic on their areas and consider the consequences for LDPs under review or being implemented. Long held views and policies on matters including transportation, economic development, housing, regeneration, the role of town centres and the importance of green infrastructure have all been brought into focus recently. We must think creatively and differently to promote a sustained recovery which has people and places at its heart.
LDPs are evidence based documents. As a result of the pandemic and resulting downturn in the economy much of the evidence on which LDPs are based is likely to be out of date. This is particularly the case for economic and social evidence covering areas such as the need for social and market housing, viability, economic forecasts and transport modelling. LDPs currently undergoing review, which have not yet been submitted to the Planning Inspectorate for examination, should undertake an assessment of the evidence base, strategy and policies in terms of sensitivity to the consequences of the pandemic. Robust conclusions should be reached on the need for new evidence and any consequential changes to strategy and policy before progressing plan preparation. The assessment should be submitted to the Welsh Government with requests to extend Delivery Agreements (DA). It is acknowledged that this will slightly delay plan preparation in the short term. It will however minimise delays at later stages of plan preparation and reduce the chances of a plan being found unsound at examination. Where a plan is part way through a public consultation (preferred strategy or deposit plan) the consultation should cease and start afresh once the assessment has been completed and new DA approved.
Page 195 I am conscious that a number of LDPs reach their end date in 2021 and 2022 and of the implications of the end date legislation for a plan led system. Therefore, I will continue to explore opportunities to introduce legislation to ensure that LDPs that have passed their end date continue to enjoy the development plan status for decision making purposes. Reviewing the current evidence base and continuing plan preparation with an appropriate strategy and policies will enable most LDPs to progress to an advanced stage as soon as possible, allowing up-to-date evidence to support decision making.
Where consultations have ceased or a review of evidence, strategy and policy has delayed the production of LDPs meaning they cannot adhere to the previously agreed timetable a revised DA will be required. The Chief Planner has been authorised to agree revised DAs. This will ensure our agreement to requests for revised DAs can be provided as quickly as possible.
A key component of a DA is the Community Involvement Scheme (CIS), which sets out who, when and by what means communities and other stakeholders will be engaged in the plan preparation process. For those LDPs currently being prepared there will be an approved CIS setting out arrangements. LDPs must be prepared in accordance with both the DA and CIS. With many public buildings temporarily closed, stakeholders inability to attend consultation events and issues arising from social distancing, existing CISs cannot be complied with. For these reasons, the CIS will need to be adjusted in light of the latest Government advice and social distancing principles to enable plan preparation to progress.
Regulation 9(6) of The Town and Country Planning (Local Development Plan) (Wales) Regulations 2005 states that an LPA need not comply with a particular requirement of its CIS if it has reasonable grounds to believe it is not likely to prejudice any persons opportunity in the exercise of the LPAs functions under Part 6 of the PCPA 2004 if it does not comply with that requirement. The Covid-19 virus is considered to be a reasonable reason, provided alternative means of engagement are put in place and communicated to all concerned. Careful consideration must be given as to how engagement may need to be adjusted in the short term, when submitting a revised DA and CIS. Possible approaches include:
Alternative consultation venues with increased capacity to accommodate social distancing regulations Prior arrangement for individual briefing sessions to reduce the number of stakeholders present at any given time A longer consultation period to ensure stakeholders have the ability to engage, both for specific types of events and beyond the statutory 6 week period An increased use of web based technological tools, such as electronic presentations on key issues, short video clips, information distributed via USB sticks etc. Considering how the re-opening of libraries and community centres provides sufficient distribution outlets, particularly in more rural communities. Where there are more restricted options, can alternative venues be sought and communicated effectively to local communities Providing information directly to individuals and other stakeholders via electronic means or where this is not possible due to lack of digital skills and equipment by providing hard copies. The use of participatory techniques such a citizens’ assemblies.
The above examples are not exhaustive. They provide an indication of how different engagement principles and mechanisms can be adopted to allow plans to progress. Consultation on a revised CIS is not required, where it is temporarily amended in light of the exceptional circumstances. This autumn the Planning Inspectorate Wales and Welsh Page 196 Government will be jointly hosting seminars on plan making, consultations, evidence and examinations at which we can all share ideas as to how best to move forward.
To assist preparation of LDPs I will not require Annual Monitoring Reports (AMR) to be submitted this October. I strongly encourage LPAs to continue with data collection, as this will help shape and inform policy and plan development. If LPAs wish to publish an AMR, they can of course do so. I will expect the next formal AMR submission in October 2021.
Planning Policy Wales
Planning Policy Wales (PPW) was comprehensively redrafted at the end of 2018 centred on the principles of place making. It sets out what the Welsh Government expects from development plans and is an important consideration in the decision making process on planning applications. We have undertaken a signposting exercise which will exemplify those aspects of PPW which are particularly relevant to the post Covid 19 recovery and responding to the climate and nature emergencies. Where necessary new or amended policies will be proposed. I also aim launch the Placemaking Wales Charter as soon as possible. I am grateful to those organisations which have already signed the Charter and it is important that we do not lose the momentum behind this very important initiative which is intended to improve the quality of development in Wales and promote greater community involvement in the planning system.
Finally, I wish to put on record my thanks for the work undertaken by local planning authorities to maintain the planning system locally during these unprecedented times. In recognition of the vital role that planning will play in supporting our communities in the recovery from the pandemic the planned 20% increase in planning application fees will come into effect in the summer. It is essential that the fee increase is retained in planning department budgets and that there are no offsetting reductions in corporate funding.
Yours sincerely,
Julie James AS/MS Y Gweinidog Tai a Llywodraeth Leol Minister for Housing and Local Government
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