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The decisions as the council's minutes record them. A plain-language summary follows once it has been written.
RESOLVED- That the minutes of the Planning Committee held on 11 January 2023 be approved and signed as a correct record.
RESOLVED: (a) That the Planning Committee be minded to grant planning permission. (b) That the application be referred back to the next meeting of the Planning Committee, as the resolution was contrary to the Officer’s recommendation.
RESOLVED: (a) That the Planning Committee be minded to grant conditional planning permission, subject to consideration of outstanding consultations. (b) That the Development and Building Control Manager be authorised to determine the application under delegation. (Note: Councillor Trevor Stott declared a personal and prejudicial interest in the above item as he is a Local Education Authority (LEA) School Governor and, as a consequence left the meeting whilst the matter was being discussed).
RESOLVED:- (a) That the Planning Committee be minded to grant conditional planning permission. (b) That the Development and Building Control Manager be authorised to determine the application under delegation. (Note: Councillor Stephen Price declared a personal and prejudicial interest in the above item as he is a Member of the Glan yr Afon Project Board and, as a consequence withdrew from the meeting whilst the matter was being discussed).
RESOLVED: (a) That the Section 106 Agreement shall not be discharged. (b) That the matter be referred back to the next meeting of the Planning Committee, as the resolution was contrary to the Officers’ recommendation.
Apologies for absence were received from Councillors Chris Cater and Gwennol Ellis.
Councillor Stephen Price declared a personal interest in Agenda item 6(a) - Code Ref: 0/50261 - Demolition of the existing building and replacement with a new building at Glan yr Afon, Mochdre. The existing property is used as a children's home and the proposal seeks to replace the building with a newer building for continued use by Social Services as a children's home. Glan yr Afon, Mochdre Road, Mochdre, Colwyn Bay, Conwy, LL28 5EY, as he is a member of the Glan yr Afon Project Board. As the interest was considered prejudicial, Councillor Price left the meeting whilst the matter was being discussed. Councillor Trevor Stott declared a personal interest in Agenda item 6(b) - Code Ref: 0/50355 - The development of a new LED lighting system to support the existing multi-use sports pitch (MUGA). Ysgol Pen y Bryn, Wentworth Avenue, Upper Colwyn Bay, Colwyn Bay, Conwy, LL29 6DD as he is a Local Education Authority representative on the school board of governors. As the interest was considered prejudicial, Councillor Stott left the meeting whilst the matter was being discussed.
None reported.
Decision as recorded
RESOLVED- That the minutes of the Planning Committee held on 11 January 2023 be approved and signed as a correct record.
The minutes of the Planning Committee held on 11 January, 2023 were submitted for approval. RESOLVED- That the minutes of the Planning Committee held on 11 January 2023 be approved and signed as a correct record.
Decision as recorded
RESOLVED: (a) That the Planning Committee be minded to grant planning permission. (b) That the application be referred back to the next meeting of the Planning Committee, as the resolution was contrary to the Officer’s recommendation.
Further to Minute 514(c) (14.12.2022) and in accordance with the Committee recommendation, ‘That, in the event that Natural Resources Wales (NRW) maintains its objection to the application, the application be referred back to a future meeting of the Planning Committee’, Members were informed that NRW had objected to the application. An addendum to the report was presented, highlighting the following: · The applicant’s engineering consultant had responded to NRW’s objection. · NRW had submitted representation in response to the observations of the applicant’s engineering consultant. Given NRW’s continued concerns, Officers continued to recommend that the application be refused. Members did not support the Officers’ recommendation or NRW’s observations and supported the application on the basis of: i) Proposed improvements to the coastal defences ii) The caravans were raised above ground level iii) The Council had granted licences for caravan sites to operate all year on the basis of Covid restrictions. For clarity, Members were advised that the application related to the operating season, as opposed to the number of pitches. As a consequence of Members being minded to grant planning permission, which was contrary to the Officers’ recommendation, and in accordance with approved procedure, Members were informed that the application would be referred back to the next meeting of the Planning Committee for further consideration. RESOLVED: (a) That the Planning Committee be minded to grant planning permission. (b) That the application be referred back to the next meeting of the Planning Committee, as the resolution was contrary to the Officer’s recommendation.
Decision as recorded
RESOLVED: (a) That the Planning Committee be minded to grant conditional planning permission, subject to consideration of outstanding consultations. (b) That the Development and Building Control Manager be authorised to determine the application under delegation. (Note: Councillor Trevor Stott declared a personal and prejudicial interest in the above item as he is a Local Education Authority (LEA) School Governor and, as a consequence left the meeting whilst the matter was being discussed).
Mr Ralph Becker spoke against the application. An addendum to the report was presented highlighting the following: · Observations from Conwy County Borough Council’s (CCBC) Environmental Health Officer, following the submission of amended details. · The receipt of additional information from the applicant’s agent, in relation to feedback from CCBC’s Environmental Health Officer. · No objection from Colwyn Bay Town Council, subject to confirmation that the proposed lighting would be chosen and directed/shielded, so as not to impact on neighbouring residential properties. · The receipt of a further letter of objection raising concerns regarding the MUGA operating times, increase in traffic, noise levels and parking problems. Officers considered that the information submitted by the applicant’s agent to minimise any noise disturbance and light pollution would minimise any adverse impact on neighbouring properties due to the proposed operating hours and proposed lux levels. Members considered the application, taking into account the concerns of neighbouring properties and the proposed measures to minimise noise, light pollution and MUGA usage. RESOLVED: (a) That the Planning Committee be minded to grant conditional planning permission, subject to consideration of outstanding consultations. (b) That the Development and Building Control Manager be authorised to determine the application under delegation. (Note: Councillor Trevor Stott declared a personal and prejudicial interest in the above item as he is a Local Education Authority (LEA) School Governor and, as a consequence left the meeting whilst the matter was being discussed).
Decision as recorded
RESOLVED:- (a) That the Planning Committee be minded to grant conditional planning permission. (b) That the Development and Building Control Manager be authorised to determine the application under delegation. (Note: Councillor Stephen Price declared a personal and prejudicial interest in the above item as he is a Member of the Glan yr Afon Project Board and, as a consequence withdrew from the meeting whilst the matter was being discussed).
An addendum to the report was presented, in response to the Flood Consequences Assessment. · Natural Resource Wales (NRW) had provided a further response confirming that the proposals could be acceptable, subject to the developer being made aware of the potential flood risks and advised to install flood-proofing measures as part of the development. Whilst no part of the development site was shown to be at flood risk, NRW noted that there remained an off-site flood risk regarding access/egress to the proposal along Chapel Street, although no additional assessment on flood risk was required. · In response to the Demolition Environmental Management Plan, the Senior Environmental Health Officer had confirmed that the proposed controls detailed within that document were sufficient. · The consulting Ecologist had submitted a revised Biodiversity Report, which detailed additional mitigation measures, in the form of permanent roosts on the replacement building. The document was currently subject to ongoing consultation with NRW and the Council’s Ecologist. Should mitigation measures be required, they could be secured by a planning a condition. Members were advised, that on the basis that the consultation bodies had not raised any objections to the principal of the development, the recommendation within the Committee report had been amended accordingly. Members fully supported the facility and considered it a valuable resource for the County. RESOLVED:- (a) That the Planning Committee be minded to grant conditional planning permission. (b) That the Development and Building Control Manager be authorised to determine the application under delegation. (Note: Councillor Stephen Price declared a personal and prejudicial interest in the above item as he is a Member of the Glan yr Afon Project Board and, as a consequence withdrew from the meeting whilst the matter was being discussed).
Decision as recorded
RESOLVED: (a) That the Section 106 Agreement shall not be discharged. (b) That the matter be referred back to the next meeting of the Planning Committee, as the resolution was contrary to the Officers’ recommendation.
The Planning Officer provided some background to the mechanisms for Section 106 (S106) negotiation, to include variations/discharge, the viability of the scheme and referenced the Local Development Plan review process. The Solicitor advised the Committee of the legal tests applicable to the making of a Section 106 Agreement and explained that viability was a relevant consideration particularly with regards to any future appeal and/or enforcement of the instant obligations. Whilst some Members acknowledged the viability pressures, the importance of safeguarding the site for development and the need to further review viability as a whole within the revised LDP, the majority of Members did not support the Officers’ recommendation, and felt strongly that the Section 106 Agreement should not be discharged for the following reasons: i) Loss of potential affordable housing contributions. ii) Concern that discharging the Section 106 agreement could create a ‘precedent’ that could lead to further requests to discharge Section 106 agreements. As a consequence of the majority of Members being minded to not discharge the Section 106 Agreement, which was contrary to the Officers’ recommendation, and in accordance with approved procedure, Members were informed that the matter would be referred back to the next meeting of the Planning Committee for further consideration. RESOLVED: (a) That the Section 106 Agreement shall not be discharged. (b) That the matter be referred back to the next meeting of the Planning Committee, as the resolution was contrary to the Officers’ recommendation.
Councillors must say when they have a personal link to something being discussed, such as a job, a property or a family member. A prejudicial interest is one strong enough that the councillor usually leaves the room and takes no part.
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