PLANNING COMMITTEE 19th September 2012

ADDENDUM REPORT BY HEAD OF PLANNING, REGENERATION AND REGULATORY SERVICES LATE INFORMATION & AMENDMENTS TO COMMITTEE REPORTS

ITEM 5 - PLANNING APPLICATIONS The following sheets provide a summary of information received since the preparation of the committee report and matters of relevance to the report, which will be referred to at the relevant item.

This addendum report also indicates changes in the agenda order to reflect public speaking. Those Part 1 applications involving public speaking will be dealt with towards the start of the meeting.

AGENDA ORDER PART 1 ITEM No PAGE

Public Speaker items first 3 03/2012/0030/PF BERWYN WORKS, BERWYN STREET, 51

4 03/2012/0029/PF LAND AT CILMEDW FARM, BERWYN STREET, LLANGOLLEN 111

8 11/2012/0372/PFT MAESTYDDYN ISA, , 181

9 11/2012/0373/PFT CIL LLWYN, , RUTHIN 209

CIL LLWYN, BONTUCHEL, RUTHIN 10 11/2012/0540/PFT 231 APPLICATION WITHDRAWN

THEN

1 1/2011/0782/PO LAND ADJACENT TO 6 CYSGOD Y GRAIG, 25

WHITEWATER COUNTRY PARK, BERWYN STREET, 2 03/2011/1522/PF 37 LLANGOLLEN

5 03/2012/0870/PF DINBREN LODGE, DINBREN, LLANGOLLEN 157

LAND AT TYN Y LLIDIART IND EST, OPPOSITE WHOLE BAKE, 6 05/2012/0869/PF 165 TYN LLIDIART INDUSTRIAL EST,

7 10/2012/0610/PO LAND ADJ TO TYN Y BEDW, , CORWEN 171

11 17/2012/0681/PF RHOS ISAF, , WREXHAM 253

12 18/2012/0885/PF LAND REAR OF GOLDEN LION INN, , DENBIGH 271

13 22/2012/0366/PO LAND AT (PART GARDEN OF) EIRIANFA, , RUTHIN 281

LAND WEST SIDE OF GOLF DRIVING RANGE, LLANNERCH 14 30/2011/0765/PF 289 PARK, ST MARGARET’S CHURCH, ST ASAPH ROAD, , 15 40/2012/0745/PF 301 GLAN CLWYD HOSPITAL, ROAD, BODELWYDDAN, 16 40/2012/0755/PF 309 RHYL BEACH COURT CARE HOME, 35 BEACH ROAD WEST, 17 43/2012/0563/PF 323

18 43/2012/0816/AD LAND AT FFORDD PENDYFFRYN, PRESTATYN 333

P:letters:latereps 19-09-12 1 PART GARDEN OF EDGEFIELD, ETON PARK, RHUDDLAN, 19 44/2012/0686/PF 339 RHYL

20 44/2012/0780/PF 4 SEYMOUR DRIVE, RHUDDLAN, RHYL 349

21 45/2006/0816/PF LAND AT BROOKDALE ROAD, RHYL 357

22 45/2012/0061/PF 16 WEST PARADE, RHYL 367

23 45/2012/0716/PF 60/62 HIGH STREET, RHYL 375

24 45/2012/0774/PF 2 SEABANK ROAD, RHYL 383

25 46/2012/0167/PF TALARDY PARK HOTEL, THE ROE, ST ASAPH 391

ITEM 3 51 03/2012/0030/PF BERWYN WORKS, BERWYN STREET, LLANGOLLEN

Public Speaker: Against : Rhys Davies (on behalf of the Co-Operative Group) Public Speaker: Against : Catherine Veasey (on behalf of Friends of the Earth) Public Speaker: For : John Palmer (on behalf of Llangollen Chamber of Trade) Public Speaker: For : Keith Nutter (White Young Green - agent)

Addendum report

The application was subject to a Site inspection panel meeting at 9.30am on Thursday 13 /9/ 2012

In attendance were: CHAIR – Councillor Dewi Owens VICE CHAIR – Councillor Meirick Lloyd Davies LOCAL MEMBERS – Councillors Rhys Hughes and Stuart Davies

TOWN COUNCIL – Mr Philip Thane

The Officer present was Mr Ian Weaver

The reason for calling the site panel was to allow opportunity to assess the main planning issues, the plans for the development, and the potential physical impact of development on the site.

Members first met in the Town Hall to view the plans, and then walked around the boundaries of the application site. In the course of the Site Inspection panel meeting, members were aware of the following matters:

1. The detailing of the proposed development, including the location of the proposed foodstore, the proposed access points, service yard, the design of the foodstore building, and the layout.

2. The relationship with nearby development, including residential properties at Park Avenue, on the south west of the A5, and alongside the Riverside path.

3. The basis of responses to the application.

4. The main planning issues.

In relation to the matters outlined :

1. Members viewed the submitted plans and were made aware of the documentation submitted with the application, which set out the applicant’s case in support of the grant of permission. In walking around the site boundaries, they noted the proposals involved the location of the store and service yard at the northern end of the site, two new vehicular accesses to serve the store and service yard, pedestrian accesses off the A5 footway at the entrance to the Riverside Park, and off the Riverside path, and a 223 space car park. They noted the detailing of the service yard and the proposals for acoustic screens, the proposed elevation details of the foodstore building, and the landscaping / planting proposed in connection with the development. P:letters:latereps 19-09-12 2

2. Members observed the proximity of the site to nearby residential properties, the belt of trees along the boundary with Park Avenue properties, and were made aware of the proposed location of the service yard and acoustic screens, and new vehicular and pedestrian accesses.

3. The Planning Officer outlined the substance of representations received in support and in objection to the proposals, and the basis of consultee responses.

4. The Planning Officer outlined what appeared to be the main land use planning issues arising on the application. These included the impact of the foodstore on the town centre, residential and visual amenity, highways, the historic environment, sustainability and accessibility, and potential employment benefits. Reference was made to the policies of the Unitary Development Plan and Welsh Government.

Additional Information To assist Members interpretation of retail impact issues : Convenience goods include food items Comparison goods are durable goods such as clothes, DIY and electrical items. Viability is referred to in Planning Policy as the ability to attract investment. Vitality (Planning Policy Wales 2011, Chapter 10) “Vitality is reflected in how busy a centre is at different times and in different parts, and attractiveness in the facilities and character which draw in trade. Viability (Planning Policy Wales 2011, Chapter 10) “Viability…. Referes to the ability of the centre to attract investment, not only to maintain the fabrick, but also to allow for improvement and adaptation to changing needs.” Quantitative need relates to the demand for the convenience and comparison good provision concerned. Qualitative need may encompass a range of positive and negative factors, including relevance to objectives, strategies and policies, accessibility, reduced car journeys, lack of provision, and contribution to vitality, attractiveness and viability of a centre.

Letter from applicant’s agent The letter requests consideration be given to amending the wording of condition 13 in the officer report, which relates to noise emissions arising from the development. The request is to split the condition into two parts, one dealing with noise from plant and machinery, one with noise from delivery and collection of goods; and to allow a relaxation of daytime noise limits.

Response from the Council’s Pollution Control Officer The Pollution Control Officer has considered the agent’s suggestions and has suggested Condition 13 be re worded as follows : • Noise emissions arising from extraction/ventilation/refrigeration equipment or mechanical plant and equipment should not exceed 45 dBLAeq,1hour / 60 dBLAmax at the façade of any noise sensitive premises. • Noise emissions arising from the delivery and collection of goods, and any other activity in the service yard, shall not be permitted to exceed 45 dBLAeq,1 hour / 60 dBLAmax between 23:00 – 07:00 and 45 dBLAeq,1 hour between 07:00 – 23:00 at any noise sensitive façade.

E-mail from Gately LLP (on behalf of the Co-Operative Group) The email was sent at 1503 on the 18th September. It states the approach taken in the Committee reports (Foodstore and factory developments) is legally flawed due to a failure to take account of material considerations and to consider a proper Environmental Statement. It lists material considerations relating to retail matters which it considers have not been properly addressed, including cumulative effects of the two developments, and the Local Development Plan ; ambiguity over the use of Section 106 agreements, inadequacy of the Environmental Statement and failure to address Appropriate Assessment. It suggests the application is withdrawn from the Committee and reconsidered.

Given the timing of receipt of the email and the contents, it is proposed that Officers will provide Members with a statement at the beginning of the meeting when the item is announced by the Chair.

P:letters:latereps 19-09-12 3

ITEM 4 LAND AT CILMEDW FARM, BERWYN STREET, LLANGOLLEN 111 03/2012/0029/PF

Public Speaker: Against : Mel Lawrence (on behalf of Llangollen Civic Society) Public Speaker: Against : Mr Phil Thane, Representative from Keep Llangollen Special Public Speaker: For : Keith Nutter (White Young Green - agent) Public Speaker: For : Paul Holden (on behalf of Dobson and Crowther)

Addendum report

The application was subject to a Site inspection panel meeting at 9.30am on Thursday 13 /9/ 2012

In attendance were: CHAIR – Councillor Dewi Owens VICE CHAIR – Councillor Meirick Lloyd Davies LOCAL MEMBERS – Councillors Rhys Hughes and Stuart Davies

TOWN COUNCIL – Mr Philip Thane

The Officer present was Mr Ian Weaver

The reason for calling the site panel was to allow opportunity to assess the main planning issues, the plans for the development, and the potential physical impact of development on the site.

Members first met in the Town Hall to view the plans, and then visited the application site. In the course of the Site Inspection panel meeting, members were aware of the following matters:

1. The detailing of the proposed development, including the location of the proposed factory, the proposed light controlled junction on the A5 and the access and parking arrangements, the service yard, the design of the building, and the layout.

2. The relationship with nearby development, including residential properties, the canoe centre and the Wild Pheasant Hotel.

3. The basis of responses to the application.

4. The main planning issues.

In relation to the matters outlined :

1. Members viewed the submitted plans and were made aware of the documentation submitted with the application, which set out the applicant’s case in support of the grant of permission. In walking along the A5 and entering the site, they noted the proposals involved the location of the factory opposite the Mile End Mill buildings, and the service yard on the western side of the proposed factory building, the new vehicular access off the A5 which would serve the factory, its 65 space car park, and the remainder of the employment land at Cilmedw, a separate access to serve a substation, and the provision of footways along the A5, with new bus stops. They noted the position of the service yard, the proposed elevation treatment of the factory building, and the landscaping / planting proposed in connection with the development. Questions were asked about arrangements for the servicing of the application site and the larger employment allocation.

2. On the site, Members observed the proximity of the factory and service yard to nearby properties, including the Wild Pheasant Hotel. The Town Council representative drew attention to the Mile End mill complex and questioned whether there was potential for development there in preference to a greenfield site.

3. The Planning Officer outlined the substance of representations received in support and in objection to the proposals, and the basis of consultee responses.

4. The Planning Officer outlined what appeared to be the main land use planning issues arising on the application. These included the impact of the development on highways, residential and visual amenity, Historic landscape and the historic environment, and potential employment benefits. Reference was made to the policies of the Unitary Development Plan and Welsh Government.

P:letters:latereps 19-09-12 4

Late representations

LLANGOLLEN TOWN COUNCIL “Two Members had reservations about the use of traffic lights to control the junction and the possible build up of traffic that this could cause on a busy highway and it was suggested that a roundabout would be a better option. Members noted the comments, but after discussion they felt that all of these factors would have been taken into consideration by the developer and the Highways Agency and as such, it was felt that the proposals as presented would be acceptable.

ITEM 8 11/2012/0372/PFT MAESTYDDYN ISA, CLAWDDNEWYDD, RUTHIN 181

Public Speaker: Against : Elain Birch Public Speaker: For : Gwion Owen (applicant)

ITEM 9 11/2012/0373/PFT CIL LLWYN, BONTUCHEL, RUTHIN 209

Public Speaker: For : Mr Dylan Wyn Roberts

Late representations Letter from Llyr Gruffydd AC/AM, Plaid Cymru, Stryt y Rhaglaw, Wrexham

Petition A sheet has been received headed, “I am signing this letter as a neighbour of Dylan Wyn Roberts, Cil Llwy, Bontuchel, to show my full support to his planning application for a 50 kw wind turbine and that I have no objection to the application.” This is signed by 9 individuals.

Officer Request for Deferral – As the following application for the second turbine at this site has been withdrawn, Officers consider that a revised assessment is required on this scheme looking at the impact of a single turbine as opposed to two turbines.

ITEM 10 11/2012/0540/PFT CIL LLWYN, BONTUCHEL, RUTHIN 231

Application withdrawn by applicant

THEN RETURN TO ITEM 1

ITEM 1 01/2011/0782/PO LAND ADJACENT TO 6 CYSGOD Y GRAIG, DENBIGH 25

No late representations

ITEM 2 03/2011/1522/PF WHITEWATER COUNTRY PARK, BERWYN STREET, LLANGOLLEN 37

No late representations

P:letters:latereps 19-09-12 5

ITEM 5 03/2012/0870/PF DINBREN LODGE, LLANGOLLEN 157

Late representations

LLANGOLLEN TOWN COUNCIL “Members raised no objections”

ITEM 6 LAND AT TYN Y LLIDIART IND EST, OPPOSITE WHOLE BAKE, TYN Y 165 05/2012/0896/PF LLIDIART IND EST, CORWEN

No late representations

ITEM 7 10/2012/0610/PO LAND ADJ TO TYN Y BEDW, BRYNEGLWYS, CORWEN 171

No late representations

ITEM 11 17/2012/0681/PF RHOS ISAF, LLANDEGLA, WREXHAM 253

No late representations

ITEM 12 LAND REAR OF GOLDEN LION INN, LLANDYRNOG, DENBIGH 18/2012/0885/PR

No late representations

ITEM 13 22/2012/0366/PO LAND AT (PART GARDEN OF) EIRIANFA, GELLIFOR, RUTHIN 281

No late representations

ITEM 14 30/2011/0765/PF LAND WEST SIDE OF GOLF DRIVING RANGE, LLANNERCH PARK, ST ASAPH 289

No late representations

ITEM 15 40/2012/0745/PF ST MARGARET’S CHURCH, ST ASAPH ROAD, BODELWYDDAN 301

No late representations

ITEM 16 40/2012/0755/PF GLAN CLWYD HOSPITAL, RHUDDLAN ROAD, BODELWYDDAN 309

No late representations

P:letters:latereps 19-09-12 6

ITEM 17 43/2012/0563/PF BEACH COURT CARE HOME, 35 BEACH ROAD WEST, PRESTATYN 323

No late representations

ITEM 18 43/2012/0816/AD LAND AT FFORDD PENDYFFRYN, PRESTATYN 333

No late representations

ITEM 19 44/2012/0686/PF PART GARDEN OF EDGEFIELD, ETON PARK, RHUDDLAN 339

Addendum report

The application was subject to a site inspection panel meeting at 2pm on the 12th September 2012.

In attendance were:

CHAIR - Cllr D Owens VICE CHAIR - Cllr M L Davies LOCAL MEMBER - Cllr A Roberts

COMMUNITY COUNCIL - Cllr Tomkin The officers present was - I Weaver and E O’Connor

At the site inspection panel meeting, Members considered the following matters: 1. The details of the proposed development. 2. The relationship of the proposed development to the boundaries of the site. 3. The nature of the development surrounding the site. 4. The consultation responses received, including concerns raised by the adjacent occupiers and the Town Council.

In relation to the matters outlined; members noted: 1. A bungalow is proposed with integral garage and parking area to the front. 2. The proposed dwelling includes panel fencing to the side boundaries and the removal of most of the existing boundary treatment on the western side. 3. The site is located on a cul de sac of bungalows; there is a variety of dwelling types on the cul de sac, on plots of various sizes. The proposed bungalow would be similar to the dwelling on the eastern side of Edgefield. The size of the plot would not be dissimilar to some in the surrounding area. 4. The size of the plot and the dwelling, and whether this raised issues of overdevelopment.

ITEM 20 44/2012/0780/PF 4 SEYMOUR DRIVE, RHUDDLAN, RHYL 349

No late representations.

ITEM 21 45/2006/0816/PF LAND AT BROOKDALE ROAD, RHYL 357

Revised report Members should refer to a REVISED version of the Committee report on the GREEN sheets, which has been circulated electronically. This supercedes the version in the original report, which was printed in error.

P:letters:latereps 19-09-12 7 Correction to revised report Paragraph 5.3 refers to the payment of commuted sums for open space. The sum relating to Child’s Provision costs should read £17,055.36, not £117,055.36

ITEM 22 45/2012/0061/PF 16 WEST PARADE, RHYL 367

Late representation

HEAD OF HIGHWAYS AND TRANSPORTATION No objection

ITEM 23 45/2012/0716/PF 60/62 HIGH STREET, RHYL 375

Late representation

Letters from the applicant’s agent.

The agent draws attention to the current retail market in Rhyl and a number of vacant units; 21 vacant units on the High Street, Wellington Road and within the White Rose Centre. The agent considers the A2 use proposed would compliment the range of users in the town centre and should therefore be permitted.

ITEM 24 45/2012/0774/PF 2 SEABANK ROAD, RHYL 383

No late representations

ITEM 25 46/2012/0167/PF TALARDY PARK HOTEL, THE ROE, ST ASAPH 391

No late representations

P:letters:latereps 19-09-12 8