HS8a-DCC - Denbighshire Local Development Plan

Denbighshire Local Development Plan
Examination
Hearing Session 8a
Wednesday 18 January 2012, 09:30
Alternative Sites: Housing
Sites
ASR 43A RS3. Land at Prestatyn Sands Holiday Centre, Prestatyn
ASR 43A R3. Land at the former Kwik Save HQ, Prestatyn
ASR 43A RS5 & AM2. Land at Mid Nant Farm, Prestatyn
ASR 43A RS6 & R5. Morfa Fields Prestatyn
ASR 43B RS1. Land to the rear of Ffordd Hendre, Meliden
ASR 43B RS3. Land adjacent to Maes Maeurig, Meliden
ASR 43B RS6/R1. Land at Llys Farm, Meliden Road, Meliden
ASR 43B N1. Land at Ffordd Tanrallt, Meliden
Questions
Q1
Q2
Q3
Q4
Q5
How would the development of the site/amendment of the settlement boundary
contribute to the aims and strategic objectives of the Plan
Are there any significant obstacles to the delivery of the site
When could the development be delivered
Should the site be within the settlement boundary Why was the boundary drawn to
exclude the site
Response to comments made on the proposed alternative by the Council and others
1.0 ASR 43A RS3. Land at Prestatyn Sands Holiday Centre, Prestatyn
1.1 The site currently operates as a holiday park. The site is a brown field site that falls within
the C1 flood zone as defined by the development advice maps that accompany Technical
Advice Note 15 – Development and Flood Risk 2004 (CYM023) (copy attached as
Appendix 1). Para 4.2 Figure 1 sets out the precautionary framework in relation to the
various flood risk zones identified. For areas within the C1 zone it states that ‘…
development can take place subject to the application of justification test, including
acceptability of consequences.’
1.2 Technical Advice Note 15 – Development and Flood Risk 2004 (CYM023) sets out criteria
for the justification of development in locations subject to flood risk. Residential
development is categorised as ‘highly vulnerable development’ Para 5.1 Figure 2. Para 6.2
directs that within zones C1 and C2
1

“Development….will only be justified if it can be demonstrated that:-
i) Its location in zone C is necessary to assist, or be part of, a local authority
regeneration initiative or a local authority strategy required to sustain an existing
settlement; or,
ii) Its location in zone C is necessary to contribute to key employment objectives
supported by the local authority, and other key partners, to sustain an existing
settlement or region;
And
iii) It concurs with the aims of PPW and meets the definition of previously
development land (PPW fig 2.1); and,
iv) The potential consequences of a flooding event for the particular type of
development have been considered, and in terms of the criteria contained in
sections 5 and 7 and appendix 1 have been found to be acceptable.
The site has not been identified as part of regeneration initiative by the Council. Allocation
of the site for residential development would be contrary to national guidance and therefore
make the Plan unsound.
1.3 Environment Agency Wales (EAW) has been consulted with regard to the flood risk on the
site and have responded that to date the representor has been unable to demonstrate that
the consequences of flooding can be acceptably managed in accordance with TAN 15
(CYM023). Response to resubmission of site at Alternative Sites Stage as below:
“This site is entirely located within flood zone C1. It has not yet been demonstrated that
the flood risk can be acceptably managed. Your Strategic Flood Consequences
Assessment will help inform you as to whether or not the site should be allocated. A
large number of representations have been made for sites in the Prestatyn area that lie
within flood zone C1. Sites should be sought outside areas of flood risk if at all possible.
There are known surface water drainage problems in Prestatyn and, by developing sites
within the C1 flood zone area, it is inevitable that further pressure will be put on existing
drainage system.”
1.4 In view of the fact that it has not been demonstrated that the flood risk can be adequately
mitigated on this site in line with criteria iv) above it is considered that to allocate this site for
residential development would make the Local Development Plan unsound.
2.0 ASR 43A R3. Land at the former Kwik Save HQ, Prestatyn
2.1 The site is allocated for employment use and forms part of the portfolio of employment sites
across the County.
2.2 In 2007 a planning application for residential use on the site was refused on the grounds of
loss of employment land and flood risk. This decision was not appealed. The site is a
brown field site that falls within the C1 flood zone as defined by the development advice
maps that accompany Technical Advice Note 15 – Development and Flood Risk 2004
(CYM023) (copy attached as Appendix 1). Para 4.2 Figure 1 sets out the precautionary
framework in relation to the various flood risk zones identified. For areas within the C1 zone
it states that ‘… development can take place subject to the application of justification test,
including acceptability of consequences.’
2.3 Technical Advice Note 15 – Development and Flood Risk 2004 (CYM023) sets out criteria
2

for the justification of development in locations subject to flood risk. Residential
development is categorised as ‘highly vulnerable development’ Para 5.1 Figure 2. Para 6.2
directs that within zones C1 and C2
“Development….will only be justified if it can be demonstrated that:-
i) Its location in zone C is necessary to assist, or be part of, a local authority
regeneration initiative or a local authority strategy required to sustain an
existing settlement; or,
ii) Its location in zone C is necessary to contribute to key employment objectives
supported by the local authority, and other key partners, to sustain an existing
settlement or region;
and
iii) It concurs with the aims of PPW and meets the definition of previously
development land (PPW fig 2.1); and,
iv) The potential consequences of a flooding event for the particular type of
development have been considered, and in terms of the criteria contained in
sections 5 and 7 and appendix 1 have been found to be acceptable.
The site has not been identified as part of regeneration initiative or by the Council.
Allocation of the site for residential development would be contrary to national guidance and
therefore make the Plan unsound.
2.4 The current representor has corresponded with the Environment Agency Wales (EAW) with
regard to the flood risk on the site and to date have been unable to demonstrate that the
consequences of flooding can be acceptably managed in accordance with TAN 15
(CYM023). A copy of the letter from EAW confirming this is attached as Appendix 2.
2.5 In view of the fact that it has not been demonstrated that the flood risk can be adequately
mitigated on this site in line with criteria iv) above it is considered that to allocate this site for
residential development would make the Local Development Plan unsound.
3.0 ASR 43A RS5 & AM2. Land at Mid Nant Farm, Prestatyn
3.1 The site lies to the east of Prestatyn and is partly within the existing development boundary,
partly white land outside the development boundary and partly within the Prestatyn/Gronant
Green Barrier. The site lies adjacent to the Clwydian Range AONB to the south and there
is a Site of Special Scientific Interest and Special Protection Area to the north.
3.2 The Housing needs of the County have been assessed (EB010 – Update of Housing Need,
Demand and Affordability in the Local Housing Market Areas of Denbighshire, Glyndwr
University 2011). The table below sets out the housing need identified for each of the local
housing market areas across the County along with the amount of housing provided for in
the Local Development Plan.
Table 1
Local Housing Market Area Identified Housing Need
(annual)
Provision in Local
Development Plan (annual).
Rhyl & Border 96 133 1
Prestatyn 72 35
1 Figures do not include housing numbers for settlements within Conwy.
3

Bodelwyddan & Border 165 214 2
Denbigh 72 79
Ruthin 74 70
Corwen & Llangollen 42 53
3.3 The Prestatyn LHMA is subject to significant constraints such as flood risk, nature
conservation and landscape designations. The maps attached as Appendix 1 illustrate
these constraints. Although the individual needs of the Prestatyn LHMA are not being met
within the LHMA itself, there is over provision in the neighbouring areas of Rhyl & Border
and Bodelwyddan & Border that will ensure that the total needs of the north of the County
are met.
3.4 The site is adjacent to the Clwydian Range AONB and considered important to the setting
of the AONB. The open countryside and coast separating the built up areas of Prestatyn
and Gronant is very prominent when viewed from nearby higher ground of the AONB. Its
retention as an open, undeveloped area is important to conserve and protect the views from
the AONB and the Offa's Dyke National Trail, the setting of the AONB and views of the
designated area from the coastal belt.
4.0 ASR 43A RS6 & R5 Morfas Fields Prestatyn
4.1 This site is proposed to be allocated for recreation and open space under policy BSC11 in
the Local Development Plan. However, representations have been received proposing the
site for mixed use development. Issues relating to housing strategy, needs and supply will
be dealt with in Hearing Sessions 2 & 3a. IP002 sets out background on housing supply and
need. It is anticipated that 461 new homes could be provided in Prestatyn in the Plan period
(with 151 completed, 130 with planning permission, and identified potential of 180).
Allocation of this site for housing is therefore not required.
4.2 Planning Policy Wales 4 2011 (para 13.2 and 13.3) sets out the national policy in relation to
flood risk. Para 13.2.3 highlights the need to move away from reliance on flood defence
and mitigation towards a more positive avoidance of development in areas of flood risk.
Para 13.3.1 also states “A sustainable approach to flooding will therefore involve the
avoidance of development in flood hazard areas…”
4.3 The site is a green field site that falls within the C1 flood zone as defined by the
development advice maps that accompany Technical Advice Note 15 – Development and
Flood Risk 2004 (CYM023) (map attached as Appendix 1). Para 4.2 Figure 1 sets out the
precautionary framework in relation to the various flood risk zones identified. For areas
within the C1 zone it states that ‘… development can take place subject to the application of
justification test, including acceptability of consequences.’
4.4 Technical Advice Note 15 – Development and Flood Risk 2004 (CYM023) sets out criteria
for the justification of development in locations subject to flood risk. The representation from
Prestatyn Estates proposed mixed development. Residential development would be
categorised as ‘highly vulnerable development’ Para 5.1 Figure 2. Para 6.2 directs that
within zones C1 and C2
“Development….will only be justified if it can be demonstrated that:-
v) Its location in zone C is necessary to assist, or be part of, a local authority
regeneration initiative or a local authority strategy required to sustain an existing settlement;
or,
2 Figures do not include housing numbers for settlements within Conwy.
4

vi) Its location in zone C is necessary to contribute to key employment objectives
supported by the local authority, and other key partners, to sustain an existing settlement or
region;
and
vii) It concurs with the aims of PPW and meets the definition of previously
development land (PPW fig 2.1); and,
viii) The potential consequences of a flooding event for the particular type of
development have been considered, and in terms of the criteria contained in sections 5 and
7 and appendix 1 have been found to be acceptable.
4.5 The site has not been identified as part of regeneration initiative or employment objective by
the Council and does not meet the definition of previously developed land as set out in
PPW. Allocation of the site for development would be contrary to national guidance and
therefore make the Plan unsound.
4.6 EB035 – Denbighshire Strategic Flood Risk Assessment identifies that the site is at
significant fluvial flood risk from Prestatyn Gutter. It states that the site would be difficult to
develop as this is one of the few remaining areas where Prestatyn Gutter can flood
(extracts attached as Appendix 3).
4.7 EB036 – Prestatyn Flood Risk Management Pilot Study examined flood risk in Prestatyn in
more detail and identifies the site as a very high risk area and falling within fluvial flood
zone 3 (extracts attached as Appendix 4).
4.8 There have been a number of previous applications on the site:
1982 Development of land for residential and light industrial use -refused and
dismissed on appeal.
1996 Housing, Industrial, Petrol Filling Station and Retail Development – application
withdrawn.
4.9 Y Morfa was included in the Rhuddlan Borough Local Plan 1993 for mixed use of
residential, retail, employment, and open space. The site was included following the
planning inspector’s recommendation at the Local Plan Inquiry that it was needed to meet a
shortfall of residential land identified in the Plan.
4.10 The site was not brought forward following adoption of the Rhuddlan Borough Local Plan
and at the Denbighshire UDP Deposit stage was designated as a recreational/open space
site. Prestatyn Estates objected and stated that they wanted the mixed use designation
retaining. The Planning Inspector at the UDP Inquiry concluded that the mixed use
designation was unrealistic given the constraints on the site including highways issues,
drainage/ground conditions etc and that the needs for retail and employment land were
being met elsewhere. He also concluded that the site had sufficient amenity value to
warrant its designation under the recreation/open space policy (extract from report attached
as Appendix 5).
4.11 Prestatyn Estates submitted Y Morfa as a candidate site for housing in the Local
Development Plan in February 2007. The site was discounted at the Deposit stage on the
grounds that the site was greenfield and subject to flood risk and should not be considered
for development in line with Welsh Government guidance (TAN 15) and in view of its
current designation as a recreation/open space site of value to the community of Prestatyn.
A number of representations were received following the Alternative Sites consultation,
expressing concern about flood risk and impact on wildlife.
5

4.12 The site has importance for its wildlife value and is designated as a Denbighshire County
Council non-statutory Site of Importance to Nature Conservation (SINC). Further
information supplied by North Wales Wildlife Trust has been attached as Appendix 6.
Development on this site could have
4.13 Following consultation with the Highways Authority, the following concerns have been
raised. In terms of access, there are three existing roads that could potentially be used to
access the site. These are assessed as follows:
Gas Works Lane - Traffic signals are proposed for the junction of Gas Works Lane with
Bridge Road and Ffordd Pendyffryn. These traffic signals will be at full capacity once the
Retail Park is fully open and, therefore, there will be no capacity for any further
development to be accessed from Gas Works Lane.
Dawson Drive - This is a residential cul-de-sac that also serves as the vehicular access to
the primary school Ysgol Pen Morfa. This road currently experiences severe congestion
issues at school opening and closing times and will not, therefore, be suitable as an access
to the Morfas.
Banastre Avenue - This road forms a priority junction with Ffordd Pendyffryn and serves as
one of two access roads to the Bryn Rhosyn housing estate. This appears to be the only
access that is potentially viable but would require further work to fully assess the capacity of
its junction with Ffordd Pendyffryn. This is because by 2017, the two way traffic flow on
Ffordd Pendyffryn is predicted to reach 1,900 vehicles an hour (nearly 32 cars a minute on
average). This figure includes the Prestatyn Shopping Park development traffic. At peak
times it will be particularly difficult for traffic to turn right out of Banastre Avenue, meaning
that more traffic will be encouraged to use the alternative exit via Central Avenue to exit the
estate, which is likely to increase traffic flows and speeds on this alternative route.
4.14 To conclude, it is considered that allocating this site would render the Plan unsound. The
site is important for its wildlife value. It is a Greenfield site and subject to flood risk and
should not be considered for development in line with Welsh Government guidance (TAN
15).
5.0 ASR 43B RS1. Land to the rear of Ffordd Hendre, Meliden
5.1 Meliden is designated as a Lower Growth Town in the LDP. No new housing allocations are
proposed for the town, with both undeveloped sites with planning permission and identified
housing potential calculated to deliver 310 dwellings (IP002, pg 56). In this regard, the site
would not contribute to the aims and objectives of the Plan.
5.2 The site was discounted at deposit stage due to the potential adverse impact the site could
have on a nearby wildlife area , and also owing to poor highway access. Consultation
undertaken at the Alternative Sites revealed that it is highly probable that the land has an
agricultural grading of 3a, and therefore ‘best and most versatile agricultural land’
(ASR1977-16-43B-RS1). As noted in Planning Policy Wales para 4.9 (CYM001), such land
should only be developed if there is an overriding need for the development.
5.3 The site is located to the north west of Meliden. The site is surrounded by undeveloped land
to the immediate north, west and east, which combined with the shape of the site, is
considered would lead to the site not forming a logical extension of the development
boundary and to encroachment into the open countryside.
5.4 The Council received 5 objections from the Alternative Sites consultation stage, 1 of which
6

was from Prestatyn Town Council. Concerns raised from the objections included; poor
highway access; loss of wildlife site; loss of agricultural land; flooding; few school places
and inadequate infrastructure (DLDP008, ASR 43B RS1, pg 52).
6.0 ASR 43B RS3. Land adjacent to Maes Maeurig, Meliden
6.1 Meliden is designated as a Lower Growth Town in the LDP. No new housing allocations are
proposed for the town, with both undeveloped sites with planning permission and identified
housing potential calculated to deliver 310 dwellings (IP002, pg 56). In this regard, the site
would not contribute to the aims and objectives of the Plan.
6.2 The site was discounted at the deposit stage as part of the site is and also abuts a wildlife
site, and because the site has poor highway access.
6.3 The Council do not consider this site should be in the development boundary. This is owing
to part of the site being designated as a wildlife site, the site abutting the remainder of the
wildlife site, and the site further unnecessarily extending Meliden into the open countryside.
6.4 The council received 7 consultation responses to this proposed alternative site during the
alternative site consultation. All responses, including a Town Council response, objected to
this proposed alternative site for the following reasons; loss of wildlife habitat; drainage
issues; inadequate school and health provision in the area; poor infrastructure; and the
proposed alternative constituting backland development. A summary of the consultation
responses and subsequent council responses are contained in (DLDP008, ASR 43B RS3,
pg 54).
7.0 ASR 43B RS6/R1. Land at Llys Farm, Meliden Road, Meliden
7.1 Meliden is designated as a Lower Growth Town in the LDP. No new housing allocations are
proposed for the town, with both undeveloped sites with planning permission and identified
housing potential calculated to deliver 310 dwellings (IP002, pg 56). In this regard, the site
would not contribute to the aims and objectives of the Plan.
7.2 The site was discounted at Deposit stage due to intrusion into the Green Barrier which
intends to maintain separation between Prestatyn and Meliden. Consultation at the
alternative site stage also revealed a number of additional obstacles to delivering the site
which included the site being in close proximity to a sensitive area that contains Roman and
Iron Age remains. This sensitive area identified surrounds a Scheduled Ancient Monument;
the Prestatyn Roman Bath House (see appendix 7). During the alternative site stage, a
Rural Development Advisor from the Welsh Government also noted that there is a
moderate probability of Moderate probability of Best and Most Versatile Agricultural land
being present (likely sub grade 3a/3b) (ASR1977-16-43B-RS6). A section of the site also
falls within flood zone C2 confirmed in the response from the Environment Agency during
the alternative site consultation process (AS276-14-43BRS6).
7.3 The Council do not consider the site should be within the settlement boundary. The site is
currently designated as a Green Barrier in the adopted UDP and the deposit LDP. The site
therefore has a very important role in maintaining separation between Prestatyn and
Meliden. The already noted constraints outlined in the Council’s response to Question 2
further reinforce this position.
7.4 During the alternative site consultation, the Council received 18 comments, 15 of which
objected to this alternative site proposed. A wide range of concerns were noted by
objectors, which included; impact on archaeology; the site is a green barrier; detrimental
7

impact on wildlife; flooding issues (partly in zone B); extra pressure on public services;
impact on visual amenity; impact on highway infrastructure; offers less opportunity for an
integrated masterplan then the Key Strategic; and finally, less economic and investment
potential then Key Strategic Site. (DLDP008, ASR 43B RS6, pg 57).
8.0 ASR 43B N1. Land at Ffordd Tanrallt, Meliden
8.1 Meliden is designated as a Lower Growth Town in the LDP. No new housing allocations are
proposed for the town, with both undeveloped sites with planning permission and identified
housing potential calculated to deliver 310 dwellings (IP002, pg 56). In this regard, the site
would not contribute to the aims and objectives of the Plan.
8.2 The site adjoins the AONB boundary, with the site being noted as being particularly
prominent from the AONB and Offas Dyke National Trail.
8.3 The Council do not consider that the site should be included within the development
boundary. The site abuts the AONB, and would encroach further into the open countryside.
Furthermore, under focus change reference number FCE 28/1, the Council intend to
allocate the site as a green barrier.
8.4 During the alternative site consultation stage, the Council received 9 responses. All 9
responses expressed objection to the proposed alternative. Objections noted; impact on
AONB; wildlife; loss of public footpath; inadequate highway infrastructure in place; pressure
on health and education services; and loss of agricultural land. (DLDP008, ASR 43B N1, pg
63).
8