Planning Committee 11th May 2011 Agenda Item No. 2 VOTING PROCEDURE Members are reminded of the procedure when casting their vote to grant or refuse a planning application. The Chair or Officers will clarify the procedure to be followed Once the display screens in the Chamber have been cleared in preparation for the vote and the voting screen appears, Councillors have 10 seconds to record their vote as follows: On the voting keyboard press the + to GRANT permission - to REFUSE permission 0 to ABSTAIN from voting PWYLLGOR CYNLLUNIO PLANNING COMMITTEE CYFARFOD: 11 fed Mai 2011 MEETING – 11th May 2011 Eitem: 7 Agenda Item: 7 DEDDF CYNLLUNIO TREF A GWLAD 1990 CYNLLUNIO TREF A GWLAD (DATBLYGIAD CYFFREDINOL) GORCHYMYN 1995 - HYD HEDDIW DEDDF CYNLLUNIO A IAWNDAL 1991 RHEOLIAD HYSBYSEBU CYNLLUNIO TREF A GWLAD 1994 DEDDF CYNLLUNIO (ADEILADAU RHESTREDIG A CHADWRAETH) 1990 CEISIADAU AM GANIATAD DATBLYGU Adroddiadau ac argymhellion gan Swyddogion i’w hystyried a’u datrys gan Awdurdod Cynllunio’r Sir. Bydd pob cais am y cynigion a nodir yn yr adroddiad hwn ar gael i’w archwilio gan Aelodau o’r Pwyllgor cyn ac yn ystod y cyfarfod lle ystyrir y ceisiadau. Gellir gweld y Papurau Cefndir i bob cais, gan gynnwys ffurflenni, cynlluniau, gohebiaeth, Cynllun Datblygiad a dogfennau arweiniad yn ystod yr oriau swyddfa arferol. Nid yw’r atodiad y cyfeiriwyd ato yn yr adroddiad ar gael yn Gymraeg ac mae hynny yn unol â Chynllun Iaith Gymraeg y Cyngor TOWN AND COUNTRY PLANNING ACT 1990 TOWN AND COUNTRY PLANNING (GENERAL PERMITTED DEVELOPMENT PROCEDURE) ORDER 1995 - TO DATE PLANNING AND COMPENSATION ACT 1991 TOWN AND COUNTRY PLANNING ADVERT REGULATIONS 1994 PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) ACT 1990 APPLICATIONS FOR PERMISSION FOR DEVELOPMENT These are reports and recommendations by Officers for consideration and resolution by the County Planning Authority. All the applications in respect of the proposals specified in this report will be available for inspection by the Members of the Committee prior to and during the meeting at which the said applications will be considered. The Background Papers relating to each application, including forms, plans, relevant correspondence, Development Plan and guidance documents are available for public inspection during normal office hours M:\Gwen\Committee\Committee bits\Front cttee DENBIGHSHIRE COUNTY COUNCIL PLANNING COMMITTEE INDEX Applications for consideration at the meeting on 11th May 2011 Item Application No Location and Proposal Page No No 1 01/2011/0335/PC 17 Lenten Pool Denbigh 1 Retention of replacement front door Enforcement Report - 17 Lenten Pool Denbigh 4 2 03/2009/1535/PC White Water Country Park Berwyn Street Llangollen 6 Retention of single storey bungalow (mobile home) as site managers accommodation 3 30/2010/0584/PF Land adjacent to The Trefnant Inn Trefnant Denbigh 22 Erection of 11 no. dwellings and associated works 4 40/2009/1622/PC Dolafon Rhyl Road St. Asaph 34 Continuation of use of part of agricultural land as commercial vehicular storage in connection with off-site business and part of land as winter storage of caravans. Retention of front boundary fence. 5 43/2010/1069/PO Land rear of 91 Victoria Road adjacent to 3 Victoria 39 Park Avenue Prestatyn Development of 0.045 hectares of land by erection of 2 No. dwellings and demolition of former bakehouse (Outline application - all matters reserved) 6 43/2010/1430/PF Prestatyn High School, 2 Princes Avenue Prestatyn 49 Refurbishment of existing tennis courts incorporating new all-weather sand-filled synthetic grass surface suitable for football, tennis & netball, proposed perimeter fencing and floodlighting 7 45/2011/0220/PF Rear of Town Hall, part Market Street, part Glanglasfor 55 and Part High Street Rhyl Temporary use of land as market for sale of Class A1 (retail goods) and Class A3 (hot food and drink) on Thursdays and Saturdays (with 14 additional days in any one year) 1 DXR ITEM NO: 1 WARD NO: Denbigh Upper / Henllan APPLICATION NO: 01/2011/0335/ PC PROPOSAL: Retention of replacement front door LOCATION: 17 Lenten Pool Denbigh APPLICANT: Cymdeithas Tai Clwyd Cyf CONSTRAINTS: C2 Flood Zone Town Heritage Area Conservation Area Article 4 Direction PUBLICITY Site Notice - Yes UNDERTAKEN: Press Notice - Yes Neighbour letters - Yes CONSULTATION RESPONSES: DENBIGH TOWN COUNCIL “The Town Council would wish to draw attention to the fact that what is proposed is located within the Denbigh Conservation Area” DENBIGHSHIRE COUNTY COUNCIL CONSULTEES CONSERVATION ARCHITECT Object as uPVC not acceptable in Denbigh Conservation Area. Approval would set harmful precedent. RESPONSE TO PUBLICITY: None EXPIRY DATE OF APPLICATION: 29/05/2011 PLANNING ASSESSMENT: 1. THE PROPOSAL: 1.1 Summary of proposals 1.1.1 The proposal is for the retention of a white uPVC front door at 17 Holland Villas, Lenten Pool, Denbigh. 1.1.2 The frontage of the dwelling is separated form the adjacent public footpath and highway by a small front garden. Boundary treatments to the front comprise of a dwarf wall and black metal railings. 1.2 Description of site and surroundings 1.2.1 The property is a residential terraced property within the Denbigh Conservation Area and the Denbigh Townscape Heritage Initiative Area. 1.3 Relevant planning constraints/considerations 1.3.1 The property is located within the development boundary of Denbigh and within the Denbigh Conservation Area. Permitted development rights for 1 householders were removed in the Denbigh Conservation Area in 2001 through a direction under Article 4(2) of the General Permitted Development Order 1995. This direction afforded control over development to householder development that would otherwise be ‘permitted development’. 1.4 Relevant planning history 1.4.1 Installation of uPVC windows at the property was subject to an enforcement investigation. No breach was found as installation pre dated the 2001 Article 4(2) direction. 1.5 Developments/changes since the original submission 1.5.1 None 1.6 Other relevant background information 1.6.1 None 2. DETAILS OF PLANNING HISTORY: 2.1 2007 enforcement investigation into the insertion of uPVC windows. No breach due to installation pre dating 2001 article 4(2) direction. 2.2 2011 enforcement investigation into the installation of uPVC front door. Breach due to restrictions on householder ‘permitted development rights within the Denbigh Conservation Area. 3. RELEVANT POLICIES AND GUIDANCE: The main planning policies and guidance are considered to be: 3.1 DENBIGHSHIRE UNITARY DEVELOPMENT PLAN (adopted 3rd July 2002) Policy GEN 1 - Development within Development Boundaries Policy GEN 6 - Development Control Requirements Policy CON 5 - Development within Conservation Areas Policy CON 9 - Article 4 Directions (restrictions of permitted development rights) 3.2 Supplementary Planning Guidance SPG 13 - Conservation Areas 3.3 GOVERNMENT GUIDANCE Planning Policy Wales (February 2011) 4. MAIN PLANNING CONSIDERATIONS: 4.1 The main land use planning issues are considered to be: 4.1.1 Principle 4.1.2 Visual impact 4.2 In relation to the main planning considerations: 4.2.1 Principle The development relates to alterations to an existing building within a town boundary and would normally be acceptable in principle, subject to the detailing being compliant with other development plan policies. 4.2.2 Visual impact Policy CON 5 requires within a Conservation Area that development must preserve or enhance the character or appearance of the designated area. Policy CON 9 sets out the purpose of Article 4 directions to restrict permitted development rights. 2 The application site is within a designated Conservation Area where additional control of householder development has been acquired through the removal of permitted development rights. The Conservation Architect has raised concerns about the appropriateness of development of this type in this location. Additionally concerns have been raised over the harmful precedent that would be set should permission be granted. It is considered that the development fails to preserve or enhance the character or appearance of the designated Conservation Area. The removal of householder permitted development rights through an Article 4 direction is intended to prevent individual alterations of this type which would be likely to cause significant damage if widespread. For these reasons it is considered that the introduction of a modern plastic door has an unacceptable impact on the Conservation Area, and should not be supported. 5. SUMMARY AND CONCLUSIONS: 5.1 It is considered that the development is unacceptable within the Denbigh Conservation Area and approving applications of this type would set a precedent which would be cumulatively harmful to the character of the Conservation Area as a whole. RECOMMENDATION: REFUSE - for the following reason:- 1. In the opinion of the Local Planning Authority the installation of a uPVC door to the front of the property has a detrimental impact on the character and appearance of the Conservation Area, in conflict with Policy CON 5 of the Denbighshire Unitary Development Plan and advice set out in Supplementary Guidance Note 13 Conservation Areas. It is also considered that the grant of permission would make it difficult to resist similar proposals elsewhere in the locality, to the further detriment of the character of the Conservation Area. NOTES TO APPLICANT: None ENFORCEMENT REPORT FOLLOWS 3 PLANNING ENFORCEMENT REPORT REFERENCE: ENF/2011/00002 LOCATION: 17 Lenten Pool Denbigh INFRINGEMENT: Unauthorised