Chimney and parking changes at Ceiriog, Birch Hill, Llangollen

What was proposed

The application sought to remove the chimney, approve parking and cycle-store details, and remove the restriction limiting use to a C3 dwelling.

“03/2024/1568/PS Proposal -Variation of condition 2 to vary the list of approved plans to permit the removal of chimney; details of proposed parking and cycle store submitted in accordance with condition 3; and removal of condition 5 "Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987 (as amended) and the Town and Country Planning (General Permitted Development) Order1995 (as amended) the dwelling and flat hereby permitted shall only be…”

Officer report

What officers recommended

Officers recommended approval because the parking details, chimney removal and revised scheme were acceptable, and the use restriction was not considered necessary or reasonable.

“No representations have been received raising concerns on visual amenity grounds or that the proposals would cause an unacceptable harm to the character and appearance of the landscape and the reasons for designation as Area of Outstanding Natural Beauty or Pontcysyllte World Heritage Site Buffer Zone. There were no objections the the removal of the chimney previously either. The car parking details are considered in keeping with the site.”

“The above duty has been given due consideration in the determination of this application. It is considered that the proposed development does not have any significant implications for, or effect on, persons who share a protected characteristic, over and above any other person. SUMMARY AND CONCLUSIONS: The revised scheme, variation of conditions and removal of condition 5 are considered acceptable.”

Officer report

Consultation responses

The town council objected over the bedroom increase, highway effects and removal of the restriction, while Welsh Water and ecology consultees raised no objections.

“DWR CYMRU / WELSH WATER No objections. DENBIGHSHIRE COUNTY COUNCIL CONSULTEES – Ecology Officer The report has found no potential roost features so no further surveys are needed. RE-CONSULTATION RESPONSES (IF RELEVANT) RESPONSE TO PUBLICITY: No representations receieved.”

Officer report

Who spoke

The agent supported the application, referring to the existing bedroom numbers, parking assessment, tourism and officers’ reasons for removing the restriction.

What members debated

Members discussed housing need, holiday lets, tourism, highway evidence, narrow streets, emergency access and whether the restriction remained justified.

“The Chair asked officers to clarify the conditions in respect to the application. The Planning officer stated that there was a housing need across Denbighshire which was evidenced in the Local Development Plan (LDP). However, the current dwelling, prior to the application had open use with no restrictions. The application was not to change that use for a second home or a holiday let which right would normally be attached to any other dwelling in the County.”

“Councillor Gwyneth Ellis requested clarity on the Welsh Government’s (WG) new policy on the new use classes relating to second homes and holiday lets. The Development Manager stated that the change to use classes introduced by WG was to tackle the increase in second homes and holiday lets in areas of Wales where there was a high percentage of empty properties being used like this. Councils had gathered their own evidence in relation…”

Minutes

The final decision

The committee granted the variations to conditions 2 and 3 but refused removal of condition 5 against the officer recommendation.

“RESOLVED: that the variations to conditions 2 and 3 of the application be GRANTED in accordance with officer recommendations and the removal of condition 5 be REFUSED against officer recommendation.”

Minutes