Green MSP Patrick Harvie attended the court hearing.
"The sheriff declared in court that the community group here have 'done nothing but good.' A plot of wasteland and a magnet for criminal behaviour has become a gorgeous space for kids to play in and for local people to grow food," Harvie says.
"It was standing-room only in court and there could be no better illustration of the strength of opposition to the council's position.
"The decision to take members of the North Kelvin Meadow Campaign to court breaches the council's own policies on derelict land, wastes local taxpayers' money and the injunction they've asked for is petty and unjustified.
"It's not too late for Glasgow City Council to see sense and start supporting this project."
Indeed, some councils have been willing to work with the ingenuity and love of local residents.
Take the Incredible Edible group in Todmorden, Lancashire. The group started by planting a few herb gardens and things blossomed from there.
Far from opposing the group, the local council decided to work with residents and granted them "community growing licences" in July.
It's just as well because the group had not only planted veggies all round town and set up a "food hub" to distribute the produce, they'd already started planting trees including two orchards.
Where the council sees the public as a resource rather than just a passive recipient of services, everyone is stronger.
Glasgow council's mistake has been to attempt to criminalise those who care for their neighbourhoods when they should be drawing on their desire to improve the place that they live.
Richard Reynolds, a leading "guerilla gardener," has helped to create many secret gardens around London, reclaiming disused space.
He explains the modest aims of the radical movement. "It's all about waging war against neglect and scarcity of public space. It's especially important at the moment because there are lots of sites where, because of the recession, not very much is going on in terms of development.
"What we do is go onto these sites and do a bit of planting - vegetables, flowers, and so on - just to make them look nicer."
Guerilla gardening is probably the most well-known elements in a constellation of grass-roots movements to reclaim public spaces that includes, for example, the thronging cycle rides of Critical Mass that reassert the right to use the roads from intensive car use, sometimes in the face of heavy police opposition.
Critical Mass even sparked a newer sister association where dozens of roller-bladers take to the roads en masse in an anarchic, cacophony of music and movement that is a real joy to behold.
However, as welcome and fun as these reclaimed spaces are they offer temporary resistance to a permanent problem that goes deep into our towns and cities.
The creation of a patchwork of gated communities that isolate residents from their area is an ever growing phenomenon. No longer confined to small enclaves of the rich, otherwise ordinary estates are becoming walled in ghettos where you can only come and go through steel-barred gates.
These are literal barriers to building community cohesion where transgressing the borders of these communities is constantly monitored by security guards and CCTV.
Even our high streets are "run" by private companies and patrolled by their guards to ensure that we stick to shopping.
It's a subtle device that most of us are unlikely to notice in our day-to-day lives. What can look like simple repaving and the addition of a few bollards is actually marking out territory where the public is welcome only on someone else's terms.
Minton describes how "even innocent activities such as taking photographs are forbidden, not to mention handing out political leaflets, skateboarding, rollerblading and busking without permission. Disconnected from the surrounding environment and local character of the area, these places feel like they could be anywhere."
These new enclosures are an attempt to sterilise our towns and cities. To immunise us against unexpected and non-commercial activities, they lock out strangers.
However, a society that locks out strangers ends up locking up everyone and we begin to regard even ourselves as alien to our environment unless we do something to say: "These are our gardens, our roads. This is our home."
Unless we take control over our living environment, we may well find that those spaces are taking control over us.
31 Aug 2009 - Mrs Worley Mentions Welcome Gardens in Amateur Gardening
Mrs Worley and Welcome gardens mentioned in Amateur Gardening Magazine .
27 Aug 2009 - Found Black and White Young Cat
Found,Black and White Young Cat with Black Chin. Will Owner Please Contact Mrs S.Smith 22 Lon Wen.
Thank You
12 Aug 2009 - Proposal From Denbighshire County Council
We have received a proposal from the person who has objected to our Village Green application,Mr D.Mathews Estate Manager DCC.The proposal is listed unedited below. Our main concern is that they want us to drop our Village green application for this part of the land. We applied for Village Green status to protect our open space,because of the neglect by DCC of this land,and that they accepted a planning application from Anwyl Construction Ltd which included this land. We will of course ask you the residents to vote on this proposal. If the Village Green application is succesful, no development will be allowed,except to enhance the area for the recreation of the residents.We will be holding a residents meeting soon to discuss this matter. Please feel free to ask any questions via the guest book.
Proposal from DCC
Thank you meeting last week on site. I understand the Residents have a sceptical view of the Council based on the delivery of its promises dating from the 1960's. The officers in post now are having to deal with matters as they are at present and not as they possibly should be if other decisions had been made at another time.
Development of the Council owned POS First of all, to record what I explained to you onsite, the Council has not received any approach from Anwyls or any other developer for the Ffordd Elan/Llys Brenig public open space that the Council. owns. The letter of objection sent in my name and the comment about 'fettering development' needs an explanation. The comment was directed at development ancillary to the Councils use as public open space on its own land. So for instance, a multi use games area would require an additional hardstanding area which if the Village Green is approved on the Council owned public open space would be in breach of Sec 38 (2) of the Commons Act 2006. The National Authority for Wales is the Assembly Government and it is this organisation that would need to consent to the works. I'll let you take a view on whether this would be an improvement with regards the process to obtain consents over and above the existing process of planning and other statutory consents dealt with locally. My only experience in contacting the Assembly on Common land in another job was in 2005 and their response did not instill any confidence in me as to the level of knowledge in Cardiff (matters could have changed in the interim of course).
A scheme of drainage works maybe possible but as we agreed is required but any works area would need to prove that they would not impede access. Under the Act the National Authority would need to approve these works. Telecoms works are permitted under Sec 38 (6) on Common land.
Boundaries of the Council Owned POS Whilst we were onsite Simon and I undertook check measurements of the boundary. As is proven by Ordnance Survey plans for the area from 1987 and 1960 the boundary being the hedge row has not been materially altered. I attach a copy of Simons email to me explaining his thoughts behind the change in the site over time but you will compare the stepped hedge line being the southern boundary of the land owned by the Council has remained unchanged in essence since well before 1960.
Grant of a Lease to the Park View Residents Association The Council is willing to grant a Lease to the PVRA for the Council owned public open space. We have let buildings on the Botanical and Coronation Gardens in Rhyl to the Rhyl South West Central Residents Association as a for instance. The main terms of the Lease could be as follows
Tenant Park View Residents Association. The Association would need to be formally constituted. I have taken the view that you may already have embarked on that road given your professional approach on this matter.
Demised Area The extent of the Council owned public open space at Ffordd Elan/Llys Brenig, Rhyl detailed on the title certificate plan number WA516933.
Rental As the lawful use is public open space, no exclusive use could be made of the area by any one so the rental value is de minimis, say £1.00 per annum if charged.
Lease Term Say 25 years from a date to be agreed, this is in line with similar Leases to the RSWCRA and the Town Council in St Asaph for an area for POS purposes.
Agreed Use Restricting the use to amenity with no buildings or any development purposes but will keep it open and unbuilt as public open space as detailed in the Conveyance dated 26th October 1989.
Repairs The Council would maintain the boundaries in its ownership, grass cutting, play equipment and litter collection.
Insurance Insurance would be under the Councils policy with a recharge to the tenant. Public liability insurance would be the Associations requirements.
Agreed New Works The Lease would be a means to enable the Association to draw down grants to enable additional works to be undertaken over time which the Council cannot access due to funding restrictions. This could be a mechanism to fund the land drainage works that we discussed. The RSWCRA have raised over £100k in funds to undertake works to the Botanical Gardens as an example of what the PVRA could achieve. We could agree an alteration provision within the Lease to enable the Association to make application to undertake agreed works on the land which would require the Councils consent as landowner. We would have to ensure that any funding package allowed for the whole life maintenance of any equipment to include their removal and the reinstatement of the area to avoid the costs falling back on the Council Tax Payer. Support in making the application would be forthcoming from the Council.
Legal Costs and other fees Each party bear their own costs.
Advertising the Grant of the Lease The Council would need to comply with the provisions of the Local Government Act 1972 and this may require prior notification of the intention to grant a lease on POS in the press and on site.
Land Drainage on the Estate This is a separate issue in my mind but one that struck me just from looking at the density of development and the lack of green areas to absorb storm water. This needs to be considered in the short medium and long term based on my experience on Flood Management and Attenuation systems elsewhere in the County and again the VG application could impact on this.
Village Green Application The Council would make the offer of the Lease conditional on PVRA agreeing to vary their Village Green Application to exclude the Council owned POS land only. The application on Anwyls land would still stand as it appears to me that is where the real dispute is not with the Councils. If the Village Green application is approved on the Council land then the opportunity to place the Association in the heart of decision making on the Council owned land will have gone forever as the Council will merely manage the site as it is now but it will not be capable of improving it as easily as would have been the case if the Association had a legal interest in the site not encumbered with a VG restriction. Its an important decision as what happens in the next couple of months will have an impact well after those living on the estate now will have passed on as the Council would not seek to challenge the decision of the Public Inquiry/Commons Commissioner.
Commons Councils We discussed the matter of who would manage the land in the event of the VG application being approved, the Council would manage and maintain its land as it is now albeit within the constraints of the Commons Act 2006. If for argument sake the Anwyls owned land was subject to a successful application then the Council does not have the budget to maintain this area as Jamie Groves pointed out. The management of the Anwyls land would be a decision for the Welsh Assembly Government as the National Body under the Act to establish a Commons Council. Part 2 of the Act deals with the management of Common land under the Act and this makes it clear that local government have no responsibility under law and the management issues on this land could be onerous on the Commons Council. The issue about the dearth of resources to maintain what the Council already owns and manages has to be considered at this point.
Planning Issues Again I understand the issue you raise but feel that the Planning and Public Protection are best placed to comment on that matter on planning issues. The issue on the Anwyl land is that the site was unfenced for a substantial time and the public had free use as far as I can ascertain of land that was allocated for development as well as land allocated for public open space. The only way the Authority could accept the public open space element on a with out prejudice basis to the VG application is if agreed works were undertaken by any developer/landowner and a bond paid to ensure its proper maintenance overtime does not fall on Council tax payer at which point the land could be transferred into the Councils ownership. However the Catch 22 is that to achieve that end the VG application would have to be withdrawn, which as I explained the Council is not requesting merely a variation.
I have tried to locate a copy of the RSWCRA Lease and will request a copy from the County Clerk and then provide a blanked out copy for you to see what we have undertaken elsewhere in the town working to a common aim with tangible results. I will ask one of my officers to contact that Association and see if they are willing to discuss their experiences so instead of taking my word you can discuss with them the advantages of the method they have adopted albeit in slightly different circumstances.
If you wish to discuss the above further, then please contact me on the number below.
Regards
David
C D Mathews Rheolwr Eiddo a Prisiwr / Valuation and Property Manager
23 Jul 2009 - Wales in Bloom Amazing work by Ysgol Llywelyn
More By the School
Judging they saved the best until last
23 Jul 2009 - Confirmation of Reciept of 1100 Letters by DCC
Objection to the development of the land on Ffordd Elan
23 Jul 2009 - Confirnation letter from DCC Re objection letters Letter Received today From DCC
Graham H. Boase BA(Hons)DipTP, N.Dip.M, MRTPi Pennaeth Gwasanaethau Cynllunio a Gwarchod y Cyhoedd Head of Planning and Public Protection Services
Den COUNTY COUNCIL
Mr. P, Worley PVRA 9 Llys Tudor Park View RHYL LL184AX Dear Sir
Eich cyf / Yourref Eincyf/Ourref Dyddiad / Date Rhif union / Direct dial Ebost / Email Gofynnwch am / Please ask for Grid Reference 45/2009/0437 21 July, 2009 01824706712 [email protected] Paul Mead 302731.41/381539.45 APPLICATION:PROPOSAL:
45/2009/0437 Receipt of 1100 letters of objection in relation to development proposal - Development of 0.85 hectares of land by erection of residential care home (Class C2) and ancillary development of day nursery (Class D1) and community centre (Class D2), ancillary parking areas and associated access road (Outline application) LOCATION: Land Off Ffordd Elan Rhyl I write to acknowledge receipt of the 1100 letters of objection in relation to the above planning application. As agreed, I would be grateful if you could inform those residents who had signed the letters of objection of this acknowledgement letter. Comments that you have made relating to planning issues will be taken into account in considering the application and I will notify you in due course of the County Council's decision. If the application changes significantly so that it will affect interested parties I will notify you. The Local Government Act 1972, Section 100D and the Local Government Act (Access to Information) 1985 obliges us to make available for public inspection your comments unless you have clearly stated why this should not be the case. If the Case Officer is unable to deal with this application under the provisions of our delegation scheme, we will look to refer the application to the first available Planning Committee for a decision. If you want to find out whether the application is likely to be considered at Planning Committee, a list of dates is available on our web pages www.denbighshire.gov.uk, or by contacting our office in Denbigh on 01824 706727. If the application is considered by the Planning Committee there may be an opportunity for you to speak at the meeting. Should you wish to register your wish to speak at Committee, please contact us on 01824 706727. For more information visit our web site or our offices in Denbigh. Yours faithfully
GRAHAM H. BOASE Head of Planning and Public Protection
Gwasanaethau Cynllunio a Gwarchod y Cyhoedd Cyfarwyddiaeth yr Amgylchedd Caledfryn, Ffordd y Ffair, DINBYCH Sir Ddinbych, LL16 3RJ Ebost: [email protected] Ff6n: 01824 706727 Ffacs: 01824 706709
Planning And Public Protection Services Environment Directorate Caledfryn, Smithfteld Road, DENBIGH Denbighshire, LL16 3RJ Email: [email protected] Tel: 01824 706727 Fax: 01824 706709
22 Jul 2009 - Maes y gog has been flooded before FLOODING IN WALES - OCTOBER/NOVEMBER 2000 Environment Agency Wales
To the east of the River Clwyd the area extends inland approximately as far as the A55 Trunk Road, but to the west, the strip is not as wide, only extending upstream to the town of Rhuddlan and narrowing still further to the rear of the coastal towns of Rhyl and Prestatyn.
The River Clwyd is embanked across the Plain to provide protection from both tidal and fluvial floods. Upland carriers, e.g. the River Gele in the west and the Glanfyddion Main Drain in the east, traverse the area and outfall by gravity direct to the River Clwyd.
Lowland drainage is a mixture of gravity and pumped drainage. The pumping stations were designed to allow for the further development of towns such as Pensarn, Towyn and Kinmel Bay in the west and Rhyl and Prestatyn in the east.
The various schemes carried out within this area during the 1960s and 70s improved the level of protection against flooding for both rural and urban areas, whilst also providing the capacity to cater for the increased run-off from proposed development. The Clwyd Embankments are designed to withstand a 1 in 200 year tidal event and the upland carriers and pumping stations to a 1 in 100 year fluvial standard. Since these various improvements have been carried out, the area has no history of fluvial flooding, although the western bank of the River Clwyd was severely affected by the tidal flooding which occurred following the failure of the Towyn Sea Defence in February 1990.
H.6.2 Flood Warning There are no Flood Warning Schemes to warn against fluvial flooding operated in the area. The perceived flooding risk is from tidal flooding which is warned at present through the Operation Neptune Tidal Warning Scheme.
H.6.3 Description of Flood Extensive flooding of agricultural land occurred throughout the area.In the eastern sector of the Coastal Plain, the pumped drainage systems draining the urban areas of Rhyl and Prestatyn were at capacity but no flooding was reported from main river sources.
The Glanfyddion and Aberkinsey Drains , which feed upland water across the Coastal Plain to the west to discharge into the River Clwyd and to the north to be evacuated through the Rhyl Cut Pumped System, were the most affected catchments in terms of property flooding. The ordinary watercourse length of the Glanfyddion Stream affected 7 properties in Dyserth village (N68), some of which were evacuated. Maes Gwilym Drain, within the Aberkinsey Drainage System, flooded the recently completed Maes y Gog Estate at Rhyl (N55), when overtopping of the right bank of the Drain occurred. The right bank of the drain had been lowered by the developer when he removed the informal defence made up of a headland supporting an old hedgerow as part of the development. Short term remedial measures have been undertaken by the developer to improve the level of protection afforded to the Estate. In the western sector, the principal tributary of the River Clwyd is the River Gele. Despite the 1 in 100 year design of this embanked channel, both defences overtopped creating problems in the adjacent pumped catchments. Floodwater spilling from the left bank of the River Gele entered the Ffynnon y Ddol pumped system and caused flooding within the Belgrano Pumping Station at the upper end of the catchment. Despite the flooding the station remained operational and the floodwater was safely evacuated to the River Clwyd, through the Clwyd Pumping Station at the downstream end of the system. It is worth noting that since the Towyn floods of 1990, all ancillary equipment which is essential to the continued operation of a pumping station, has been raised to a minimum height of 1 m above the pumping station floor. Overtopping of the right bank of the River Gele caused extensive flooding of agricultural land and overloaded the Bodoryn Pumping Station. This station is only designed to a 1 in 10 year agricultural standard was out of action for 12 hours due to transformer failure caused by the increased demand for power from the station. A Flood Warning Scheme could not have provided an effective warning against any of the above flood incidents. The property flooding which occurred did not involve a major river system where there would be available data on which to base a Warning and in addition the incident with the most impact was caused by the actions of a third party.
H.6.4 Specific Actions to be carried out by Environment Agency Wales 1. Carry out a Review of the drainage systems within the area to contain the following: - (i) Asset Condition Survey.
(ii) Assessment of existing Standard of Service provided by the defences. Sea defences and upland carriers.
(iii) Assessment of existing Standard of Service provided by low-level systems.
(iv) Pre-feasibility of potential sites for improving the level of flood protection .
(v) The above actions to be carried out in collaboration with Denbighshire and Conwy County Borough Councils to reflect the likely improvements required to ordinary watercourses. In particular the ordinary watercourse length of the Glanfyddion Stream within Dyserth (N68).
13 Jul 2009 - 1100 Objection Letters handed to Denbighshire DCC.
Today 1100 Letters of Objection to Planning Application By Anwyl handed to the Chief Executive Dr M.Mahmet. Ray Ashton membership secretary and membes of PVRA committee, hand over 1100 letters of objection to Chief Executive Dr M.Mahmet at Ruthin.
11 Jul 2009 - Danger of Flooding Act Now.
We implore all residents to familiarize themselves with the planning laws. We have found that the friends of the earth are offering good advice on Planning on their website, see www.YourPlanningRights.co.uk .
There is a planning application that has been advertised in the Journal this week 45/2009/0750 It appears that the surface water from this new build will be discharged into the watercourse that runs onto our estate and into the Rhyl Cut, thereby increasing the possibility of more flooding in the places /streets that have already been flooded.This development should have not been allowed as it goes against the UDP for this area,which states “Policy ENP 6 - Flooding DEVELOPMENT WHICH WOULD RESULT IN AN UNACCEPTABLE RISK FROM FLOODING, EITHER ON OR OFF-SITE, OR WHICH WOULD ADVERSELY AFFECT FLOOD MANAGEMENT OR MAINTENANCE SCHEMES WILL NOT BE PERMITTED. Development within areas of flood risk are not only at risk of flooding, but may also exacerbate existing or create new flooding problems on other land or property through reductions in floodplain storage capacity or by impeding flood flows. Information regarding flood risk may be held by the Environment Agency Wales, or by the County Council. Where detailed information on areas at potential risk from flooding is not available, as is the current situation in much of Denbighshire, developers will be required to carry out detailed technical investigations to evaluate the extent of the risk. The UDP will seek to prevent the loss of the natural flood plain and guide development away from areas at risk of flooding. Where development is permitted for special or exceptional reasons, then appropriate and environmentally sympathetic flood protection and mitigation measures must be taken to safeguard life and property. Certain developments may increase the risk of flooding elsewhere. For example, developments which result in the replacement of permeable surfaces with impermeable surfaces such as roofs and paved areas may increase the rate and volume of surface water run-off. The consequences of this include an increase in the risk of flooding on other land and in downstream areas as well as physical damage to the river environment. Where these problems are likely, the developer must demonstrate that successful and environmentally sympathetic measures can be taken to mitigate or alleviate the problem if the development is to be permitted. The advice of the Environment Agency Wales will be sought regarding these matters. One area of concern is Rhyl Cut (a classified main river) which has insufficient capacity to deal with additional surface water drainage. Development which would unacceptably affect Rhyl Cut in terms of surface water drainage may have to make or contribute to the provision of new pumping facilities to overcome this problem. “ The Flood risk assessment supplied with this application is outdated it predates the Pitt report and the concerns issued yesterday 10 th July 2009 by the Environment Agency. We feel that a stop should be put on all developments which will affect all properties built on flood plains whatever the category.
We urge everybody in those areas to object to this application, which may affect our property by flooding. Object Now go to http://planning.denbighshire.gov.uk/portal/ and object.
10 Jul 2009 - Homes evacuated in estate flood
Lets Hope it Does Not Happen Here Up to 100 homes were evacuated after flooding in Rhondda Cynon Taf last night. Fifteen people were looked after in a community centre at Rhydfelin, near Pontypridd, after three culverts were overwhelmed following torrential rain. One councillor estimated that between 30 and 40 homes were flooded. South Wales Fire and Rescue were also called to flooding incidents in Caerphilly, Pontypridd and Roath, Rhiwbina and Whitchurch in Cardiff. South Wales Police said they received around 450 calls about flooding in the Pontypridd, Cardiff and Caerphilly areas between 1500 BST and 2300 on Saturday.
Residents in Cilfynydd and Rhydyfelin in Rhondda Cynon Taf say flood water damaged homes and gardens. In some houses the flooding reached the ceiling and in the Cynon valley, homes were hit by flood water while council leaders said people were hospitalised due to broken limbs and swallowing dirty water. Councillor Maureen Webber, who represents the Rhydfelin Central ward on Rhondda Cynon Taf council, said there had been a series of floods on the estate over 30 years but the "force of the water was quite unbelievable". She said: "I'm really upset to think people have had to suffer again because of the force of nature. It's ironic thing because we've just attracted a huge sum of money, somewhere in the region of £2.4m to alleviate the problem." Resident Mandy Hallett came home after a day out to find a fire crew pumping out her house. She told BBC Radio Wales: "I've been across the top road and all the walls are down. I've seen people carrying their kids across the road... they've been crying. "There was one old lady up there who was really cold and I put blankets on her and you've got people taking their doors off the hinges to try to stop the water going through the house". A spokeswoman for the Glyntaff Tenants and Residents' Association said that 12 adults and two children had spent the night at the community centre. Many more people, some with babies, had stayed with relations in the area. The spokesperson said: "Most people who had to leave their homes are hoping to go home tonight but quite a few who stayed the night at the community centre will have no chance because of the damage to their homes. "We appreciate all the help we have had from everybody in the community. We had donations of clothing and towels, because everyone was soaked through, as well as duvets and sleeping bags." She added that the residents had been told to expect representatives Newydd Housing Association to arrive with an action plan for clearing up the flood damage. Liberal Democrat councillor John Bell, who represents Treforest, said he spent hours up to his knees in flood water trying to help the efforts to clear drains in Cemetery Road.
James Andriola, landlord of the Railway Inn in Nelson, Caerphilly, says he has been hit by flooding four times. "The people here and in other areas of Treforest were badly hit by the floods last September. They were promised by RCT Flood water near homes in highways that it would not happen again, that preventative measures would be taken." Rhydyfelin on Saturday He said it was "heartbreaking" for them to watch it happen again and he claimed it was "hours" before anyone from the highways department turned up. "They lifted one manhole cover and left saying there was nothing else they could do as they had no sand bags or flood signs," he said.
But Cllr Andrew Morgan, cabinet member for highways, said he was "frustrated" that the effort of staff was being "undermined" by This was an exceptional the Liberal Democrats. "Council staff, many of whom worked until 4am today after being called away from their families at short notice yesterday, are back situation that saw a massive in work as we speak, doing what they can to help residents," he said. amount of rainfall in such a Mr Morgan added: "They will be at work until late this evening and it is demoralising that the perceived actions of one element of short period of time. Systems in this far-reaching, multi-agency response is already being criticised when their work is far from over." He said it was an "exceptional situation," which saw a massive amount of rainfall in a short period of time." place by all responding agencies "Systems in place by all responding agencies found it difficult to cope," he said. found it difficult to cope Mr Morgan said workers had to clear 40 tonnes of rubble that had slid from the mountain into one culvert. Cllr Andrew Morgan, Rhondda Cynon Taf
Councillor John Bell up to his knees in flood water at Cemetery Road, Treforest trying to clear drains
"Individual emergencies like this, across not only Rhondda Cynon Taf but its neighbouring boroughs, combine to show the sheer scale of what the council, partner agencies and the community were up against, with no warning," he said. "Life and property were at risk and, as such, the response was commanded and coordinated by the police and the fire service, not just across our county but the whole of the region." "At present, our main aim remains dealing with the aftermath of the rainfall and ensuring we are doing what we can to support our communities who have been hit so hard by this emergency." The council had been due to start major work on a culvert in Cilfynydd Road on Monday before the flood hit and a decision will be taken on when that can start. There was also a report of flooding to homes in Pandy Road in Bedwas, Caerphilly, with fire crews unblocking drains on Saturday afternoon. All three Welsh fire and rescue services on Sunday morning said they had not been called to any further incidents so far and Environment Agency Wales said flooding had stabilised. The agency said it had been working with local authority colleagues through the night to monitor river levels and assess damage. "This morning it became apparent that several ordinary watercourses in Cardiff and Rhondda Cynon Taff had flooded a significant number of properties," said a spokesman. For further information about flooding and to find out if your home is at risk, the Environment Agency Floodline is on 0845 988 1188.
10 Jul 2009 - New report by the Environmental Agency Wales
Time is now to stop new development A new report by the Environmental Agency Wales has placed one in six properties at risk of flooding One in six properties in Wales is at risk of flooding, according to the most detailed assessment yet drawn up by Environment Agency Wales. The figures are much higher than in previous estimates because the threat from surface water flooding is included for the first time. The report suggested 600,000 people in Wales live or work in flood risk areas. It also outlined the work needed to "manage risk", including building new flood defences in areas of high risk. Geraint Davies, chair of Flood Risk Management Wales, said: "Climate change means that the number of us at risk from flooding in Wales has risen to one in five or 600,000 people. "This means we must redouble our efforts to adapt Wales to climate change by spreading awareness, providing defences and Here in Wales there are preventing inappropriate development. "We must act within an overview of all types of flooding - river, coastal and surface flooding - working alongside local authorities to important decisions for us to make best use of public money to manage the growing risk to Welsh communities." take about how to manage these Last year, Environment Agency Wales estimated the number of properties in Wales at risk of flooding from rivers and the sea at risks... 170,000. That figure is now put at 222,000. The agency said rising sea levels and increasingly severe and frequent rain storms caused by climate change meant the risk of flooding would increase even further. Chris Mills, Environment Agency The cost of damage annually to homes and businesses in Wales is estimated at around £200m. Wales 'Inappropriate development' Chris Mills, Environment Agency Wales director, said: "The latest UK climate change data shows that the risk of flooding will continue to increase in future due to rising sea levels and more frequent and heavy storms. "Here in Wales, there are important decisions for us to take about how to manage these risks to protect people, communities, businesses and the Welsh economy in future." The agency's report outlined the work already done to prepare for flooding but also highlighted further work required. This included helping people to be better prepared and preventing "inappropriate development" in flood plains. The agency said it would be investing more than £16m on its capital programme this year, much of it on building new defences. "Over the last five years we have completed a number of flood improvement works which has reduced the risk of flooding to nearly 6,000 extra properties across Wales as well as protecting key infrastructure," said Mr Mills. Sea levels "Whilst continued investment in managing these risks is crucial, we cannot always prevent flooding so communities need to take responsibility for being prepared, for example by signing up to our free flood warning service." Recent climate change forecasts from the Met Office suggested Wales could face an increased risk of flooding as sea levels rose. Environment Minister Jane Davidson said action was needed to limit the potential damage of climate change in the future.
29 Jun 2009 - Sunday 28th June 2009 Flower Planting Sunday 28th June 2009 Members who gave their time and assisted in planting £100 worth of plants.
Members of Park View Residents Association tidying the entrance of Park View from Dyserth Road.Members also planted £100 worth of bedding plants in the newly constructed flower beds which were applied for with the help of local councillor Ian Gunning under the Tidy Towns initiative. The plants were kindly donated by Barclays Bank as part of the Wales in Bloom competition and were applied for by Mr Phil Worley chairman of PVRA. Thank you to all who took part.
26 Jun 2009 - Dyserth Road.Closure Notice
Please Take Note Dyserth Road Will Be Closed On the 13th July 2009. This means that you will not be able to turn left from Maes y Gog.
NOTICE OF TEMPORARY TRAFFIC ORDER Denbighshire County Council (B5119 Old Rhvl Road. Rhvl) Notice of Temporary Prohibition off Through Traffic Order Road Traffic Regulation Act 1984 - Section 14 Denbighshire County Council has made an Order which prohibits any vehicle from using that length of B5119 from its junction with Maes Y Gog, Rhyl, in the County of Denbigh for a distance of one Kilometre in an easterly direction. The reason for the closure is to facilitate carriageway works by Denbighshire County Council - Maintenance (North). The altemative route for vehicles-affected by the closure is: via Ffordd Ffynnon, Ffordd Penrhwylfa, Ffordd Talargoch, A547, Rhuddlan Golf Club Roundabout, Bryn Cwybr roundabout, Bryn Cwnin, Trellewllyn Road, Pen y Maes Avenue, and Dyserth Road and will be sign posted accordingly. Pedestrian access will be maintained throughout the period of closure. The Order comes into force on 13 th July 2009, and will remain in force for a period of eighteen months or until the completion of the works whichever is the earlier. It is anticipated that the works will take approximately 3 weeks to complete. Dated this 8 th day of July 2009 I.K.Hearle, County Clerk, Denbighshire County Council, County Hall, Wynnstay Road, Ruthin. Denbighshire.
3 Jun 2009 - Looks like someone has made the Environment Agency aware of the planning Application This is an extract of an e-mail to Phil from Mr Paul Mead Development Control Manager for Denbighshire County Council.
'I am trying to set up a meeting with the PVRA, the AM and PM along with the 3 Local Members. Myself, Jane Kennedy and my boss Graham Boase. I appreciate that you may not be available until after 24th June 2009??
If this is the case then I would not entertain putting this application to a committee before July at the very earliest. In reality this application may go into September as we have no committee in August. You may be aware that we have received an objection from the Environment Agency on the basis that the application does not contain a Flood Consequences Assessment. '
3 Jun 2009 - Town Council Meeting Tonight Phil, Duncan & I attended a Rhyl Town Council Finance and General Puposes Committee meeting followed by the Town Council Planning committee meeting.
Well what an interesting night! If you want something entertaining better than TV go to a town council meeting.
On a more serious note, one of the items for discussion on the planning agenda was the application to build the nursing home on our open space. All members of the town council planning committee voted unanimously and refused to recommend this planning application to Denbighshire on the grounds of extra traffic, flood risks, poor drainage and that a residential nursing home is not a community facility.
It is nice to see that the Town Councillors are acting in the best interests of the residents of our estate.
Mike Harris
29 May 2009 - Planning Appeal against illegal fence withdrawn Please find attached our formal response to Ann Jones AM for your records. Please be aware that since drafting the letter the appeal has subsequently been withdrawn. Therefore, the file is closed and no further action will be taken.
Kind regards
Gareth Harvey
Case Officer Planning Inspectorate
Rydym yn Croesawu Gohebiaeth yn Gymraeg a Saesneg We Welcome Communications in Welsh and English www.planning-inspectorate.gov.uk Yr Arolygiaeth Gynllunio Adeilad y Goron, Parc Cathays, Caerdydd, CF10 3NQ Uniongyrchol 029-2082-3866 Ffacs 029-2082-5150 e-bost [email protected] The Planning Inspectorate Crown Building, Cathays Park, Cardiff, CF10 3NQ Direct Line 029-2082-3866 Fax 029-2082-5150 e-mail [email protected] Oddi wrth y Goruchwyliwr Gweithredu Cymru From the Operations Supervisor for Wales Ann Jones AM Your Ref / Eich cyf: Constituency Office 25 Kinmel Street Rhyl Our Ref / Ein cyf : APP/R6830/C/09/2103628 LL18 1AH & CPI/09/41 Date / Dyddiad : 28 May 2009 _ Dear Ms Jones, Thank you for your letter of 27 May 2009 about the appeal by T Anwyl & Sons Limited for the erection of a perimeter fence without planning permission on land to the East side of Llys Brenig, Rhyl, Denbighshire. The appeal will be determined by an Inspector following an Inquiry, which is yet to be arranged. I cannot comment on the merits of the appeal as to do so may appear to pre-judge the outcome. However, I can assure you that your written representations will be taken fully into account when the appeal is decided provided they have been disclosed to the principal parties to the appeal. For this purpose your letter has been copied to the parties in the normal way. I will ensure that a copy of the Inspector’s decision is sent to you as soon as it is issued. Yours sincerely Isabel Nethell Isabel Nethell Operations Supervisor for Wales
27 May 2009 - Letter in Journal Re Anwyl
Why not a similar comment from our local councillors Construction firm's mixed messages MAY I congratulate Anwyl Construction on receiving another award, this time from the building control officer for Flintshire as reported in the Journal of May 13.
Being the 88th largest company in Wales, with a weekly turnover of nearly £lmillion, one can only expect professionalism from such an organisation. This award shows how Anwyl understands the regulations concerning building control.
My problem is that I do not believe it is the same organisation that is determined to destroy the green belt between Rhyl, Prestatyn and Meliden, without tackling existing properties or brown field sites.
The same organisation which has turned the green field of Tip Lane into a bomb site, and lastly the fencing off of the village green on the Park View Estate in Rhyl, taking away the only amenity thoseresidents had, while ignoring Denbighshire County Council requests to remove the fence.
Realising the construction industry is in recession, on a positive note, I am informed that Anwyl are moving into the care home business, although I feel the proposed site for their first care home would be better suited on Mona Terrace, as it would be far more open, with better views, but anyway I do wish the organisation success in their new venture. GLYN JONES (Cllr) Prestatyn South West
26 May 2009 - Reply to Planning Application Answer in red type
Our Reply in Red writing to this absurd Outline Planning Application Proposed Construction of 60 bed C2 Planning Use (Residential Care Home), with possible ancillary D1 Planning Use (day nursery), and D2 Planning Use (community centre) Land at Ffordd Elan/Llys Brenig, Rhyl Supporting Planning Statement APRIL 2009 1 Introduction Set out below is a brief Supporting Planning Statement which demonstrates that the proposed planning application constitutes a development plan compliant, feasible and suitable mix of land uses which would benefit the locality and should be supported. This is from the same company who built an illegal fence to deny residents their rights of access to land which they have used for over twenty years, and when an enforcement notice was issued to remove the fence, they then removed all the trees on the land and put up another fence, contrary to the enforcement notice. It will not benefit the community, by placing a 60 bed unit in a quiet private residential area. Most of the houses are owned by families or the elderly or first time buyers. 2 Description of the planning application The proposal the subject of the planning application comprises: a proposed a 2 storey 60 bed C2 Planning Use - Residential Care home - on the main part of the site providing accommodation for persons what type of persons requiring care and attention. Whilst the application is for a general C2 use and below is the wording taken from the Town and Country Planning (Use Classes) Order 1987 "care" means personal care for people in need of such care by reason of old age , disablement, past or present dependence on alcohol or drugs or past or present mental disorder , It is intended that this will be a residential care or nursing home for elderly persons requiring care and attention this cannot be guaranteed The specific type of care can be controlled by condition - if necessary and justifiable; a smaller area identified for a possible single storey D1 Planning Use - non-residential institution - day nursery ( approx 300 sq in in floors space); This sounds good placing a children’s nursery next to a care home housing people with mental problems, or drug problems. similarly another area is identified for a possible single story D2 Planning Use-assembly and leisure - community centre will the centre have a license for alcohol to serve to the alcoholics from the care unit ( approx 225 sq m in floor space); access is applied for off the existing mini- roundabout at Ffordd Elan there are already problems with traffic at this stupid roundabout,more traffic will make matters worse .-but the siteing of buildings, design .external appearance and landscaping are reserved for subsequent approval. 3 Denbighshire Unitary Development Plan ( UDP) As formulated when Mike Pender was Development Manager for Denbighshire D.C, but who now is employed by Anwyl. The Denbighshire UDP is the adopted development plan for the area. The land on which the application is sited is designated as Policy CF4 on the Proposals Map for Rhyl - see attached extract of the Proposals Map for Rhyl ~ Plan No 1. This map is wrong. The map encroaches on land earmarked as Public Open Space . The Introduction to Chapter 14 of the UDP on Community Facilities - paragraph 14,1-provides a definition /explanation of the types of land uses which comprise community facilities i.e. "Community facilities include community centre, medical facilities, places of worship, schools, nurseries, library services and premises providing accommodation and/or an element of care for certain sections of the community".
The proposal here seeks the construction of three possible uses identified and highlighted in the definition of community facilities. Accordingly, the proposed uses comply with the aims and definitions set out in Policy CF4 in the adopted development plan. A residential unit is described in the UDP chapter 14 as a policy CF5,not Policy CF4 This view is generally supported by the response from the Council as LPA in the attached e-mail from Mr P Mead - Development Control Manager - dated 11 !" April 2008-Appendix 1. This view is only the opinion of Mr Mead and as stated cannot be held as binding on the council or its members In addition the proposals are intended to complete the already built development of the balance of the land designated as CF4 - Community Facilities. There has already been built development of approx 800 sq m ( 8,000 sq ft)on the rest of the land designated as CF4 - comprising: a Co-Op convenience store and small pharmacy ••( A1 Planning Use - 2 retail uses) a surgery/clinic and dentist ( 01 Planning use - non- residential institutions). No mention of a 60 Bed unit was made in 1995 when the Planning Inspector made his recommendations after dismissing Anwyls two planning appeals and appeals for costs against the council. Why did Anwyl Construction Ltd state on the planning application form for the surgery etc that they owned the land when It belonged to T.Anwyl & Sons ? The site will be easily accessible from the existing main estate road, footways with a main bus route and bus stop on the other side of the road. There will be easy access from the proposed development to the adjoining shop, pharmacy, dentist and surgery. This will make it easy for the alcoholics and drug users to get their supplies. Most use of the buildings will at ground floor level incorporating at level access points ensuring easy, convenient and hazard-free movement. Surroundings Full account will be taken of the surroundings of the site and the existing community facilities adjoining as well as the existing housing estate and the roads/footways, a two storey building housing 60 beds will stick out like a sore thumb and will cause loss of visual green relief and the existing views of the clwydian range Moreover, there is a need to consider the relationship with the adjoining open space used by children. Children's play areas next to residential care accommodation do not always site well side by side. Why on earth apply to do it then! Here there is to be a buffer zone between the two with no direct pedestrian or vehicular link and so there should be no problem. Does this mean the paedophiles will have to climb over the railings to get at the children? What happens if they fall will they sue the council for injury? Conclusions It has been demonstrated that the proposed design of this development will be fully inclusive and fully accessible- complying in all respects to the relevant policies and advice. It is to be a well considered and designed development with 3 possible complimentary uses sitting side by side. The points above show that this plan is certainly ill conceived and fraught with danger and fear for the residents of Park View, which should not be allowed.
It is hoped that this will be a model or exemplar scheme in all respects which will prove a positive benefit to all users and visitors and passers- by. What about the residents who have lived here for 30 years plus who were promised landscaped gardens, tennis courts, playing fields and the community facilities they could use. We have watched as the land designated for houses, has all been filled whilst the promises made for facilities for the community has not been kept.
25 May 2009 - Meeting held yesterday Meeting yesterday at Ffordd Elan May I thank all residents who attended the meeting yesterday, it was nice to see so many who care for our community.I am sure the it was duly noted that the wish of those who attended was to see a Village Green on the land here at Park View.We urge all residents to object to this planning application which is ill conceived and goes against the spirit of the current UDP and the wishes of the residents. Please make your feelings known by writing your objections to G.Boase Head of Planning and Public Protection Caledyfryn Smithfield Road Denbigh Denbighshire LL16 3RJ.
The fight goes on to keep our Children's Playarea and our Open Space.
Thank you.
15 May 2009 - Newsletter and Land History Dear Residents,
Today 14th May 2009, we have found that Anwyl have applied for Planning permission to build on our open space part of which is 60 bed Care Home. Once again we do not know who will be in this care home, situated next to our children's play area.
The care home is a class C2 and below is the wording taken from the Town and Country Planning (Use Classes) Order 1987 " care" means personal care for people in need of such care by reason of old age, disablement, past or present dependence on alcohol or drugs or past or present mental disorder.
This application is made with a view to stop our application for a Village Green, which is at the Public Inquiry Stage, the legal team at Denbighshire County Council art to appoint a barrister to head the inquiry for our Village Green application. If our Village Green application is successful the land will remain open space and can not be developed. But can have permitted works i.e. drainage, and improvement for exercise and recreation, seating and lighting, nature conservation Anything that will enhance the area for public recreation. Most important of all it will be safeguarded from the whims of unelected council officials and fast buck developers.
The enforcement notice issued to remove the illegal fence has so far not been adhered to, we have video evidence of Anwyl removing trees from the land (See our website) and removing part of the protected ancient hedgerow. We have called on Denbighshire County council to prosecute Anwyl for the actions they have taken, and for ignoring the Enforcement Order. We now call on you the residents of Park View to show your support and join in our objection for the proposed development.
Please make your objections to:- Mr. G.Boase, Planning and Public Protection, Caledyfryn, Smithfield Road, Denbigh, Denbighshire, LL16 3RJ. Quoting ref 45/2009/0437. Please write your objection letter now.
Also let your local councillors, Ian Gunning, Brian Blakeley, Carl Davies, know how you feel. Your local MP is Chris Ruane, and Ann Jones is your local AM
In 1980 a planning application was made by Rhyl Town Council to build a community centre on land stated to be owned jointly by Whelmar and T.Anwyl & sons opposite Llys Helyg and this was approved by the Rhuddlan Borough Council.£30,000 was set aside in 1980 for this community centre.We are still trying to find out why this community centre was not built,and what happened to the £30.000.
HISTORY
The land area including the Children’s Park was designated in the 1969 Rhyl North East Development Plan. The plan was to have 4.5 acres of open space and a 2.5 acre shopping and community centre area. This plan was adopted into the Rhuddlan Borough Local in 1993 where it is clearly stated as land safeguarded for CF6.4 and S6 CF8, CF6 was for Public Open Space and CF8 a Community Centre and S6 Local Shopping Centre. This land is designated as CF4 In the current Unitary Development Plan,which defines it as Land safeguarded for New Community Facilities at Rhyl, Prestatyn, and Ruthin. The land area has been reduced in comparison with the map in the Rhuddlan Borough Plan. Why?
The land is also a C1 Flood plain the Welsh Assembly Guidelines state :- Technical Advice Note 15 – Development and Flood Risk (TAN 15), provides a precautionary framework which guides development away from the floodplain where this is possible and ensures that decisions that allow development on the floodplain must take into account the consequences of flooding over the life time of that development;
There is before Parliament a Flood and Water Management Bill which include the findings of the Sir Michael Pitt report, local authorities will be more responsible for flooding issues. This bill should be taken into account before any planning decision is taken on this land.
Park View Residents Your Open Space NeedsYOU .
IF YOU WANT TO KEEP YOUR OPEN SPACE OR COMMUNITY FACILITIES YOU MUST TAKE ACTION NOW
A meeting will be held at the Surgery Ffordd Elan on Sunday 24th May 2009 at 2pm to discuss the planning application and to update on the Village Green application. We implore all residents to attend that meeting to make their feelings known
15 May 2009 - Map of intended development
15 May 2009 - Letter from Paul Mead to M.Pender assisting application
Mike Pender From: [email protected] Sent: 11 April 2008 10:19 To: Mike Render Cc: [email protected]; [email protected] Subject: Re: meeting on Thurs 10th April to discuss various sites/applications - suggested agenda
Mike, Further to our meeting yesterday I would confirm the following:- The current adopted UDP at Chapter 14 "Community Facilities" sets out a list of uses which conritbute towards the quality of life for Denbighshire residents and includes the provision of accommodation and/or care for certain sections of the community. Whilst Policy CF4 in the UDP makes specific reference to Community Centres I am of the opinion that the provision of an extra-care residential facility (Class C2) on the land at Ffordd Elan would generally comply with the intentions of the Policy and site designation. Clearly only this use on the site would be deemed compliant with the Policy and I do not consider that any open market housing proposed in conjunction with that provision could be supported. Any application for such a use on the site would need to include a full justification for how the accommodation and/or care facility would meet the intentions of the policy and site designation. Whilst such an application could be made in outline form I feel that for the purposes of clarity a full application would be preferable. I will let you decide which route you wish to take on this. I hope this is of assistance but must stress that the opinions contained within this note are those of the officer concerned and cannot be held as binding on the Council or its Members. Thanks, Paul Mead BA(Hons) Dip TP MRTPI Rheolwr Rheolaeth Datblygiad Gweithredol Acting Development Control Manager Gwasanaethau Cynllunio a Gwarchod y Cyhoedd Planning and Public Protection Services Caledfryn, Ffordd y Ffair/Smithfield Road, Ddinbych/Denbigh LL163RJ Ffon / Phone - 01824 706712 Ffacs/Fax-01824 706709 E-bost / E-mail: [email protected] / [email protected] Gwefan / Web Site : www.sirddinbych.qov.uk / www.denbiqhshire.qov.uk
14 May 2009 - Planning Application Received Today T.Anwyl& Sons or Anwyl Construction planning application to take away your open space.
Graham H. Boase BA(Hons)DipTP, N.Dip.M, MRTPI Pennaeth Gwasanaethau Cynllunio a Gwarchod y Cyhoedd Head of Planning and Public Protection Services CYNGOR Sir Ddinbych Denbighshire COUNTY COUNCIL
Dyddiad / Date Rhif union / Direct dial
Eich cyf / Your ref Eincyf/Ourref // /44/2009/0437/PO 12/05/2009 Ebost / Email 01824706712 [email protected] Gofynnwch am / Please ask for Paul Mead Cyfeknod Grid / Grid Reference 302731.41/381539.45
Dear Sir / Madam Annwyl Syr/ Fadam CAIS/APPLICATION: CYNNIG / PROPOSAL: LLEOLIAD/LOCATION: Land Off Ffordd Elan Rhyl
45/2009/0437 Development of 0.85 hectares of land by erection of residential care home (Class C2) and ancillary development of day nursery (Class D1) and community centre (Class D2), ancillary parking areas and associated access road (Outline application)
This is a letter advising you that a planning application has been submitted to Denbighshire County Council. The details are shown above. If you want to see the application, plans and documents, they are available for public inspection during normal working hours at Rhyl Library Church Street Rhyl and at this office. You can also view the application, plans and documents on our Public Access Portal: http://planning.denbighshire.gov.uk/portal/ If you want to make representations on the application then you should write, fax or e-mail comments to me to be received within 21 days of the date of this letter. If e-mailing your response, please ensure that you provide your postal address. Please quote our reference number and a brief description of the proposal in your response. The application is likely to be determined soon after the 21-day consultation period and any representations received after the expiry date may not be taken into account.
The Local Government (Access to Information) Act 1985 obliges us to make available for public inspection comments made on applications. Your comments will be made available for public inspection unless you clearly state a reason why this should not be the case. Only comments made on land use planning issues will be taken into account in determining the application. For example the following are not normally accepted as planning issues: Moral issues Personal circumstances Impact on property values The identity of an applicant Fear of competition Please contact the case officer shown at the head of this letter if you have any questions about the application. The above application may be considered by members of the Planning Committee, in which case a summary of your response will be published in the committee report which will be available for inspection by the public at the Council Offices and on the internet. If the application is considered by the Planning Committee there may be an opportunity for you to speak at the meeting. For more information contact the Case Officer, or visit our web site or our office in De
Yours faithfully GRAHAM H. BOASE Head of Planning and Public Protection
8 May 2009 - Video of Tree's being removed from Open Space A video of the trees being removed from the open space can now be viewed on You Tube the link is below. http://www.youtube.com/watch?v=3tlr3V7NrqM
4 May 2009 - The removal of the fence As we are sure most of you have noticed our local developer has removed the illegal fence and replaced it with a smaller fence. At the same time they have removed even more shrubs and destroyed a section of an ancient hedgerow.
They cannot now compy with the enforcement order so we will wait for DCC and justice to prevaile.
30 Apr 2009 - Message from Councillor Gunning Re Swine Flu Message from Ian Gunning
Dear Councillor Swine Flu Outbreak As you will be aware from the media the World Health Organisation has now put swine flu outbreak at a Level 5 alert, which is one level below that of a world wide pandemic. Currently within Wales all Local Authorities, together with their partner agencies and Welsh Assembly Government (WAG), are now reviewing their arrangements in relation to human infectious diseases at a pandemic level. The National Public Health Service for Wales (NPHS) is closely monitoring the situation and is currently in the diagnostic phase of determining the likely impact that the swine flu outbreak may have on the population of Wales. At this stage there is insufficient data available from within Wales, the UK and across all those countries currently affected by the outbreak to confidently predict the impact and potential outcome. Information on the outbreak is being provided by WAG and NHS Direct on their websites, and the National Flu Information Line (0800 1 513 513) has now been opened. Denbighshire County Council’s website also now provides links to those sites. Whilst the situation continues to evolve rapidly all agencies are fully aware of the planned arrangements and are working closely together in a co-ordinated manner. The UK Government will be launching an advertising campaign in the next few days on good hygiene practise in the light of the swine flu outbreak. This will include delivery of an advice leaflet to every household and will be tailored for Wales including being bilingual. Should you be approached by a concerned member of the public regarding the Swine Flu Outbreak you should advise them to either contact the National Flu Information Line or visit the WAG and NHS Direct websites. If they are feeling unwell you should advise them to contact their GP or NHS Direct by telephone. Iwan Prys Jones Cyfarwyddwr Corfforaethol �� Amgylchedd Corporate Director �� Environment
30 Apr 2009 - Debt and the credit crunch
7 Apr 2009 - DCC another error!!!
Below is a copy of an e-mail recieved this evening from Jane Kennedy Legal Services Manager at DCC
Dear Mr Worley and Mr Beckinsale,
It has become necessary to contact you again to advise that the second Enforcement Notice which was served on 10th March has been withdrawn as we were advised by Solicitors acting for T Anwyl & Son Ltd that the Notice had been incorrectly served on another Company (Anwyl Construction Co. Ltd) with a Registered Office at the same address. We are obliged to serve on the correct Company in case there is an appeal or we have to prosecute for non- compliance.
I therefore attach a copy of the Enforcement Notice which has been served today. Please note that the period for compliance with the Enforcement Notice is now 7 days. Local Members have been advised.
Yours sincerely,
Jane Kennedy
Rheolwr Gwasanaethau Cyfreithiol / Legal Services Manager
This is now the 3rd notice after the 1st notice had an incorrect map. don't be tricked by DCC saying it is a 7 day notice. It does not come into effect until 6th May 2009. Therefore the local developer now has until 13th May 2009.
A Copy of the new enforcement notice can be found by clicking here
7 Apr 2009 - Copy of Enforcement notice Number 3
OPERATIONAL DEVELOPMENT
IMPORTANT – THIS COMMUNICATION AFFECTS YOUR PROPERTY
TOWN AND COUNTRY PLANNING ACT 1990 (as amended by the Planning and Compensation Act, 1991)
ENFORCEMENT NOTICE
ISSUED BY DENBIGHSHIRE COUNTY COUNCIL
1. THIS IS A FORMAL NOTICE which is issued by the Council because it appears to them that there has been a breach of planning control, under section 171A(1)(a) of the above Act, at the land described below. They consider that it is expedient to issue this notice, having regard to the provisions of the development plan and to other material planning considerations.
2. THE LAND AFFECTED
Land at Ffordd Elan and Llys Brenig, Rhyl, Denbighshire as shown edged red on the attached plan (“the Land”).
3. THE BREACH OF PLANNING CONTROL ALLEGED
Without planning permission the erection of a perimeter fence on the Land.
4. REASONS FOR ISSUING THIS NOTICE
(i) The unauthorised operational development has taken place within the last four years.
(ii) The Land is situated in a predominantly residential area. The Land which the unauthorised fencing surrounds has historically been open land used by the residents of the Park View Estate. The Land is designed for Community use in the adopted Denbighshire Unitary Development Plan.
(iii) The size, amount and design of the fencing form an unduly prominent feature within the street scene and surrounding area. It creates an alien feature within the housing estate causing significant harm to the visual amenities of the Land and its surroundings and having a detrimental impact on the amenity of nearby residents. The unauthorised development is in direct conflict with criteria ‘i’ of Policy GEN 6 of the adopted Denbighshire Unitary Development Plan as it fails to respect the Land and its surroundings by reason of its siting, scale, design and materials.
(iv) The use of conditions as part of any grant of planning permission for retention of the unauthorised fencing could not overcome these objections.
5. WHAT YOU ARE REQUIRED TO DO
(i) Dismantle the fencing;
(ii) remove from the Land, the fencing and all materials arising from compliance with (i) above, and
(iii) restore the Land to its condition prior to the erection of the fencing.
TIME FOR COMPLIANCE: SEVEN DAYS
6. WHEN THIS NOTICE TAKES EFFECT
This notice takes effect on WEDNESDAY 6 th MAY 2009 unless an appeal is made against it beforehand.
Dated: 7th APRIL 2009
4 Apr 2009 - Letter to Hugh Evans Leader DCC from Ann Jones ANN JONES AM / AC Vale of Clwyd / Dyffryn Clwyd Mr Hugh Evans Leader Denbighshire County Council Wynnstay Road, Ruthin LL15 1YN
31st March 2009
Dear-Hugh,
Park View, Rhyl
You will know that the residents of Park View have submitted an application for a village green and it would appear that you as an Authority have the powers to deal with the application. It would seem that this has been held up by your Officers and the application has sat on someone's desk without progressing. This cannot be allowed to happen and I would now ask you to ensure this is dealt with immediately and also an investigation as to how this incident has occurred. I hope the resident's application can now be resolved quickly.
Yours sincerely
Ann Jones AM
Constituency Office / Swyddfa Etholaeth 25, Kinmel Street, Rhyl LL18 1AH / 25, Stryd Cinmael, Y Rhyl LL18 1AH Tel 01745 332813 Fax: 01745 369038
9 Mar 2009 - Rhyl Councillors & CAB advice Bureau Rhyl Town Councillors & CAB Bureau
Rhyl Town Councillors are hosting a joint surgery with Citizens Advice Bureau between 530pm and 730pm on Monday 16th March 2008 @ Rhyl Wellington Road community Centre to help residents & small businesses in Rhyl to cope with the effects of the recession.
Cllr Ian Gunning says:-
" In this time of uncertainty and financial upheaval many hard working young families are frightened of losing their jobs, saddled with debt or have been unfortunate to lose their incomes as the recession begins to take its toll, equally small businesses are suffering from one of the worse economic downturns in History, we are working with CAB to offer some sound advice to Rhyl residents & help them get through this difficult time".
Denise Bailey, Chief Executive CAB says:-
'Denbighshire Citizens Advice Bureau is able to offer advice, information and assistance on a wide range of enquiries. During the evening we hope to address some of the issues raised and give a general overview of the service we can provide' Denise Bailey, Chief Executive
Cllrs John Bellis, Diana Hannan, Ian Gunning, Carl Davies, Mike Espley, David Lee, Naomi Roose – Lloyd will also be available to speak to residents about other concerns in the Rhyl South East, Rhyl South, Rhyl East and Rhyl West, areas.
You can contact your members or get further information regarding the event via Ian Gunning on:- E mail [email protected] or by phone on 07725136928.
6 Mar 2009 - Copy of Enforcement Notice served on Anwyl
OPERATIONAL DEVELOPMENT IMPORTANT - THIS COMMUNICATION AFFECTS YOUR PROPERTY TOWN AND COUNTRY PLANNING ACT 1990 (as amended bv the Planning and Compensation Act. 1991) ENFORCEMENT NOTICE ISSUED BY DENBIGHSHIRE COUNTY COUNCIL 1. THIS IS A FORMAL NOTICE which is issued by the Council because it appears to them that there has been a breach of planning control, under section 171A(1)(a) of the above Act, at the land described below. They consider that it is expedient to issue this notice, having regard to the provisions of the development plan and to other material planning considerations. 2. THE LAND AFFECTED Land at Ffordd Elan and Llys Brenig, Rhyl, Denbighshire as shown edged red on the attached plan ("the Land"). 3. THE BREACH OF PLANNING CONTROL ALLEGED Without planning permission the erection of a perimeter fence on the Land. 4. REASONS FOR ISSUING THIS NOTICE (i) The unauthorised operational development has taken place within the last four years. (ii) The Land is situated in a predominantly residential area. The Land which the unauthorised fencing surrounds has historically been open land used by the residents of the Park View Estate. The Land is designed for Community use in the adopted Denbighshire Unitary Development Plan. (iii) The size, amount and design of the fencing form an unduly prominent feature within the street scene and surrounding area. It creates an alien feature within the housing estate causing significant harm to the visual amenities of the Land and its surroundings and having a detrimental impact on the amenity of nearby residents. The unauthorised development is in direct conflict with criteria T of Policy GEN 6 of the adopted Denbighshire Unitary Development Plan as it fails to respect the Land and its surroundings by reason of its siting, scale, design and materials. (iv) The use of conditions as part of any grant of planning permission for retention of the unauthorised fencing could not overcome these objections. 5. WHAT YOU ARE REQUIRED TO DO (i) Dismantle the fencing; (ii) remove from the Land, the fencing and all materials arising from compliance with (i) above, and (iii) restore the Land to its condition prior to the erection of the fencing. TIME FOR COMPLIANCE: ONE MONTH 6. WHEN THIS NOTICE TAKES EFFECT This notice takes effect on THURSDAY 9TH APRIL 2009 unless an appeal is made against it beforehand. Dated: 5th March 2009
Signed: County Clerk I K HEARLE COUNTY CLERK DENBIGHSHIRE COUNTY COUNCIL COUNTY HALL WYNNSTAY ROAD RUTHIN DENBIGHSHIRE LL15 1YN
25 Feb 2009 - Letter received from Ann Jones Am today This is a copy of a letter that Ann Jones AM has forwarded to some residents .
Dear Ann Village Green, Park View, Rhyl In respect of your correspondence dated 17 th February, please be advised that with regard to the rejection to the application submitted for the above site, I have advised that Leisure would like the rejection removed. Mr David Matthews Denbighshire County Councils - Valuation and Property Manager is consulting with relevant parties within DCC to find a resolution and agreed way forward for this site. We do intend to pull together consultations with residents at Ffordd Elan Yours sincerely PP. Jamie Groves Head of Leisure Gwasanaethau Hamdden, Uned A, Y Pentref, Rhoddfa'r Gorllewin, Y Rhyl, Sir Ddinbych. LL181HZ Ffon 01824 712700 Ffacs 01824 712701 Leisure Services, Unit A, The Village, West Parade, Rhyl, Denbighshire, LL18 1HZ Tel 01824 712700 Fax 01824 712701
25 Feb 2009 - Planning Enforcement Notice
Details of Planning Enforcement Report put before Planning Committee on 18th February 2009
PLANNING COMMITTEE MEETING -18 FEBRUARY 2009 ITEM NO. 3(ii) PLANNING ENFORCEMENT REPORT REFERENCE: ENF/2009/00012 LOCATION: Land at Ffordd Elan, and Llys Brenig, Rhyl INFRINGEMENT: Erection of Unauthorised Fencing RELEVANT PLANNING POLICIES AND GUIDANCE DENBIGHSHIRE UNITARY DEVELOPMENT PLAN Policy GEN 6 - Development Control Requirements Policy CF 4 - Community Facilities TAN 9 - Enforcement of Planning Control HUMAN RIGHTS CONSIDERATIONS The Human Rights Act 1998 is taken into account when considering taking enforcement action in relation to unauthorised development. In this case the matter under consideration relates to the rights of the land owner to fence off the land which he owns without the requisite authority to do so. These rights are outweighed by the general public interest and the need to exercise development control. No claim has been made in respect of Human Rights. 1. BACKGROUND INFORMATION 1.1 The site is located within the development boundary of Rhyl and consists of some 1.4ha of open land within the Park View Residential Estate. The site has remained open whilst various phases of housing development have occurred around it. The area of land is designated within the adopted Unitary Development Plan (UDP) for Community Facilities (Policy CF4). Prior to the Denbighshire UDP the site was safeguarded for the provision of some form of community facility in previous plans reflective of the residential development around it. 1.2 In 2006 a planning application was submitted by Anwyl Construction Limited for the development of this site by the erection of 32 dwellings, 1 no. block containing 6 independent living accommodation units and relocation and enhancement of existing equipped play area, open space area and public footpath and formation of a mini pitch. This application was subsequently withdrawn in November 2007. During the assessment of this application, around October 2007, the site was fenced off by the applicants using, what appeared to be, temporary Heras type site fencing. The fencing was not fixed to the ground but was placed in moveable concrete bases. It measured around 2m in height but contained sporadic 3m high poles which offered further support (see Photo 1 at the rear of this report). At this time the Local Planning Authority visited the site, took photographs and sought legal opinion as to whether the fencing constituted development which we had control over. 1.3 The conclusion of this initial assessment was that the fencing, due to its move-ability and design did not constitute development. As such, no formal application for planning permission was required or sought.
1.4 As the aforementioned planning application had been withdrawn Officers considered that a further planning application may have been made for the development of the site. As such, it was reasonable to assume that the fencing would be of a temporary nature pending a further planning application being submitted. 1.5 The applicants were contacted at this time in order to establish the need for the fencing. The applicants stated that their insurers had required the fencing to be erected to prevent trespass onto their land. 1.6 Meetings took place between officers and the site owners at which they were told of our concerns over the continued sitting of this fencing. Alternative types of fencing were discussed and Officers attempted to encourage the owners to remove the fencing. This was not done with any legal authority at this point as the Council still believed the fencing to be temporary and outside the definitions of development. 1.7 At some point in time it became apparent that the fencing around the site had become more permanently fixed to the ground. Officers then decided to seek a further legal opinion on the fencing having visited the site and taken photographs. It was apparent that certain poles holding the fencing up had been hammered into the ground. 1.8 Legal opinion came back in early 2009 and confirmed that the fencing now constituted development in the control of the Local Planning Authority. The site owners were written to on 27 th January 2009 and asked to remove the fencing within 7 days. 1.9 The fencing, having now been confirmed as development and having been in situ for 15 months, is considered to be harmful to the visual amenities of the site and surroundings. It cannot be considered temporary and would require planning permission for its retention. 1.10 It is considered that the only course of action that can be taken to remedy this situation is to serve an Enforcement Notice to secure the removal of this fencing in its entirety. 2. REASONS FOR ISSUING AN ENFORCEMENT NOTICE 2.1 The unauthorised fencing was erected within the last 4 years. 2.2 The site is located within a predominantly residential area. The land which the fencing surrounds has historically been open land used by the residents of the estate. The site is designated for Community use in the adopted Unitary Development Plan. 2.3 The size, amount and design of the fencing forms an unduly prominent feature within the street scene and surrounding area. It creates an alien feature within this housing estate causing significant harm to the visual amenities of the site and surroundings and having a detrimental impact on the amenity of nearby residents. The unauthorised fencing is in direct conflict with criteria i of Policy GEN 6 of the UDP as it fails to respect the site and surroundings by reason of its siting, scale, design and materials. 2.4 The use of conditions as part of any grant of planning permission for the retention of the unauthorised fencing could not overcome these objections. 3. RECOMMENDATION 3.1 That authorisation be granted for the following:
(i) Serve an enforcement notice to secure the removal of the fencing erected on the site in its entirety and restore that land to its former state. (ii) Instigate prosecution proceedings, or any other appropriate action under the Planning Acts against the person or persons, upon whom any enforcement notice, or other such notice, is served, should they fail to comply with the requirements thereof.
8 Feb 2009 - Email from Resident Letter received from Resident (No Name )
"[email protected]" [email protected] To: [email protected] Cc: [email protected]
I would like to make the following comments in regard to the above issue.
My Husband & I bought a property on this estate in June 07. At the time we veiwed the property it was noted that the empty space was very overgrown and a mess. I felt at the time that this would devalue any property in the area because of the mess this space was in.
It is 2 years down the line and the progress to sort this issue still has not got anywhere. I feel this area is a health hazed and should be left fenced of until a defendant proposal has be approved. I was told my neighbours that thing would be sorted out, this issue has been going on for years and when I arrived here and before the fencing was put up. I walked through this area and it was disgusting, full on dog excrement and flooding, overgrown.
I am not very happy about the state the piece of land is in and I feel until a proposal to do work on this piece of land is decided, it should be left as it is. What use is this land in the state it is in now.
We have replied to this resident (see below) and welcome any comment/concern or complaint from any resident on issues they may have concerning our attempt to have the fence removed or our application for a village green.
Our Reply Are you a member of the residents association?. We welcome all views expressed by residents,and the purpose of the residents association is to carry out the residents wishes, If you are not yet a member we urge you to become one,then you can attend meetings and express your views to other residents. Have you expressed your views to your three local councillors? Have you expressed your views to Anwyl Construction the alleged owner of the land. We can assure you,we are working towards making this area a better place,not only for newcomers like your self, but for those who have lived here for more than 30 years who have been fighting for the amenities which we were promised back in 1964.
Kind regards Ray Beckinsale
29 Jan 2009 - DCC have asked Anwyl To Remove The Fence. Letter From DCC Iwan Prys Jones • Cyfarwyddwr Corfforaethol, Amgylchedd Corporate Director, Environment Graham H. Boase BA(Hons)DipTP, N.Dip.M, MRTPI Pennaeth Gwasanaethau Cynllunio a Gwarchod y Cyhoedd Head of Planning and Public Protection Services CYNGOR Sir Ddinbych Den bighshire COUNTY COUNCIL
Park View Residents Association 9 Llys Tudor Rhyl Denbighshire Eich cyf / Your ref Bn cyf / Our ref Dyddiad / Date Rhif union / Direct dial Ebost / Email Gofynnwch am / Please ask for Cyfeirnod Grid / Grid Reference 28 January, 2009 01824 706740 [email protected] Paul Mead 302730.66/381559.32
Dear Sirs, Subject: Update on Fence and other issues, Land at Ffordd Elan, Rhyl I write with reference to your concerns about the above and wish to provide you with an update on the Council's position. The Local Planning Authority are aware that the fencing which extends around the perimeter of the above site remains in situ. We have sought further legal opinion on the fencing based on evidence of how the fencing has been fixed to the ground. This opinion concludes that the fencing has taken on a level of permanence which constitutes development as defined by the relevant section of the Town and Country Planning Act 1990. It is our intention to seek the removal of this fencing as it is considered that it is causing harm to the visual amenities of the site and surroundings. Understandably you may feel concerned that it has taken some time for this conclusion to be reached. The Local Planning Authority made an initial assessment of the fencing and sought a legal opinion at that time. Based on the type of fencing erected and our understanding of how it had been placed on the land it was concluded that the fencing did not constitute development which the Local Planning Authority had control over. My colleagues in Legal Services wish to stress that any legal advice offered on this subject is exempt from a Freedom of Information request and is therefore not available for public viewing. We have written to the developer to outline our latest position requesting the fence be removed. If the fence is not removed within 7 days we will begin a formal enforcement process which I shall now explain. Continued/2.
-2- A report will be presented to our Planning Committee on 18th February 2009 seeking Member authorisation to take enforcement action against the unauthorised fence. Once agreed at Planning Committee legal services will draw up the notice as soon as possible giving the developer a set period to remove the fence. Such periods are normally dependent on the nature of the unauthorised structure and should be reasonable. Given the length of time the fence has remained in situ it would be reasonable to seek removal within 1 month of the date of the notice. The developer has the right to appeal against the serving of the notice within 28 days of its service. This appeal will be made to an independent Planning Inspectorate who will then begin the formal appeal process. By lodging an appeal the effect of the notice is suspended. As such, the fence could remain in situ until the appeal has been dealt with. Such appeals may take up to 6 months. As you know, the Residents Association have applied to have the land in question made into a Village Green. The land owner has objected to this proposal and this matter is currently with our Legal Services section. It should be made clear that the Planning section of the Council have not raised any objection to the application. The Village Green application does not have any impact upon our decision to take enforcement action against the unauthorised fence structure under the Planning Acts. I hope the above is of assistance to you. Should you have any queries on the above please do not hesitate to contact me. Yours Faithfully,
Paul Mead Development Control Manager
29 Jan 2009 - Something to think about
Humankind has not woven the web of life. We are but one thread within it. Whatever we do to the web, we do to ourselves. things are bound together. things connect. -Chief Seattle-
12 Jan 2009 - Rhyl Christmas Lights Competition
The Town Council invites all children of primary school ago, who live in Rhyl, to have a go at designing a Christmas illumination. WE would like to ask all you budding artists out there to take out your most colourful crayons and the funkiest felt-tips once again and get to work on this year's entries
The lucky winner will have their design made into an actual illumination for Christmas 2009, will go along with the Mayor to the official launch of the Christmas pantomime at the Pavilion Theatre (with a chance to meet the cast) in the summer, switch the Christmas lights on with the Mayor, and get tickets for the pantomime when it opens in December 2009.
Entry packs will be sent to each of Rhyl's Primary Schools, so ask your teacher for your entry form, or ring the Town Council on Tel No. 331 114 or call in to pick up a form from the Civic Offices, 1st Floor of the Wellington Community Centre on Wellington Road in Rhyl.
Entry forms are also available from Park View Neighbourhood Watch 353708.
Entries must be returned to Rhyl Town Council by Friday 30th January 2009.
6 Jan 2009 - Icy Pavements Please be careful when walking around the estate,the cold snap has made conditions underfoot treacherous. We have notified the council see copy of email below.
From: [email protected] To: [email protected] Cc: anne phil Sent: Tuesday, January 06, 2009 2:22 PM Subject: Gritting Ffordd Elan Shops
Hello, Can you please tell me if it is possible to grit or leave some gritting salt at the Coop shop/Doctors Surgery car park on Ffordd Elan,Park View ,Rhyl. Residents have had some falls due to the icy conditions,especially on the pavement area leading to the Co-op shop and the bus stop facing the same shop. It is most dangerous early morning. There are a lot of elderly residents who use the shop and doctors surgery and a fall would be disasterous for them.
Hope you can help with this matter
Mr R.J.Beckinsale Park View Residents Association. 6 Jan 2009 - Road Gritting By Council Priority List for Gritting The Council has established a priority order for the clearance of ice and snow: 1. Main classified routes (A&B roads) 2. Access roads to hospital and emergency service station 3. The remainder or the precautionary salting network Other routes known as urgent medical and important industrial routes 4. Access to public facilities – cemeteries, schools etc. 5. Other Class II and III roads providing access to communities 6. Remaining bus and milk collection routes 7. Other urban roads 8. Other rural roads 9. Roads serving isolated dwellings 10. Other roads