AGENDA ITEM NO. 4

REPORT TO: Planning Committee

REPORT NO. HCWD/33/13

DATE: 7 October 2013

REPORTING OFFICER: Head of Community Wellbeing & Development

CONTACT OFFICER: David Williams (Ext 8775)

SUBJECT: Development Control Applications

WARD: N/A

PURPOSE OF THE REPORT

To determine the listed planning applications.

INFORMATION

Detailed reports on each application together with the recommendations are attached.

RECOMMENDATION

See attached reports.

BACKGROUND PAPERS

None.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

Community Code No Applicant Recommendation Page No

WRO P/ 2012/0760 BRIDGEMERE LAND PLC GRANT 2 - 18 AND MACBRYDE HOMES LTD

COE P/ 2013/0163 THE CONGREGATIONAL GRANT 19 - 25 FEDERATION LTD MR M TUCKER

OVE P/ 2013/0305 MR JONATHAN LATHAM GRANT 26 - 31

RUA P/ 2013/0379 MR J HUMPHREYS GRANT 32 - 34

GWE P/ 2013/0396 STANTON MARINE LTD GRANT 35 - 44 MR WILLIAM MACDONALD

CEF P/ 2013/0434 MR M JONES GRANT 45 - 54

ROS P/ 2013/0444 MISS CATH DAVIES GRANT 55 - 61

OVE P/ 2013/0463 MR & MRS JOHN AND ANN GRANT 62 - 68 HVAAL

RHO P/ 2013/0465 MISS AMY WALTERS GRANT 69 - 77

WRO P/ 2013/0515 ATS EUROMASTER GRANT 78 - 81

WRO P/ 2013/0540 B & Q PROPERTIES GRANT 82 - 85

RHO P/ 2013/0552 MR S JONES GRANT 86 - 92

BRN P/ 2013/0561 MR J PROBERT GRANT 93 - 99

WRR P/ 2013/0568 CORAL RACING LTD GRANT 100 - 107

WRR P/ 2013/0569 CORAL RACING LTD GRANT 108 - 111

GWE P/ 2013/0570 MR A O JONES GRANT/REFUSE 112 - 116

ISY P/ 2013/0592 Mr JOHN MORRIS GRANT 117 - 122

CHI P/ 2013/0602 MR TERRY EVANS GRANT 123 - 127

Total Number of Applications Included in Report: 18

All plans included in this report are re-produced from Ordnance Survey Mapping with the permission of the Controller of Her Majesty’s Stationery Office.  Crown Copyright. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. WCBC Licence No. LA0902IL

All plans are intended to be illustrative only and should be used only to identify the location of the proposal and the surrounding features. The scale of the plans will vary. Full details may be viewed on the case files. Page No 2

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

APPLICATION NO: LOCATION: DATE RECEIVED: P/2012 /0760 FORMER SITE OF BROTHER 31/10/2012 INDUSTRIES CROESNEWYDD ROAD COMMUNITY: LL13 7YP CASE OFFICER: Offa MP DESCRIPTION: RESIDENTIAL DEVELOPMENT WARD: COMPRISING 77 NO. DWELLINGS, AGENT NAME: Brynyffynnon ASSOCIATED ROADS AND OPEN THE PLANNING SPACE CONSULTANCY MR M GILBERT APPLICANT(S) NAME: BRIDGEMERE LAND PLC AND MACBRYDE HOMES LTD ______

Members will recall that in light of the significant concerns expressed by the Lead Member for Housing and Planning and the local member about the principle of permission being granted without any affordable housing this application was deferred at the 29 July Committee to allow me to:

i) Consult with Housing to determine what, if any grant funding is available to aid the delivery of affordable housing on this site;

ii) Contact the applicant’s agent to establish whether they are prepared to provide any affordable housing.

The responses I have received are set out below:

Housing Response: Housing have informed me that there may be grant funding available to support the delivery of affordable housing in Wrexham. However they have not given me any indication how much grant funding is available, whether it could be used on this site and over what period it may e available.

They have recommended that the scheme be amended to include 1 and 2 bedroom dwellings which would address the housing need for the area.

Applicant’s Response: The applicants have submitted the following amended plans and proposals in respect of affordable housing:

 The housing mix has changed to accommodate affordable 4 houses and as a result the total number of dwellings has increased from 76 to 77. A comparison of the original house type (i.e. with no affordable housing) and the one now proposed is included in the table below;

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 4 x 2 bedroom affordable dwellings (or 5% of the total number of units proposed) sold on a shared equity basis with occupiers purchasing an 85% share in a property with the remaining 15% transferred to a registered social landlord;

 No more than half of the market houses to be occupied until the affordable houses are ready for occupation;

 Any part dwelling not substantially commenced within 3 years of permission being granted will be reviewed. If market conditions have improved sufficiently at that time a share of any additional return in respect of those dwellings will be paid to the Council as a commuted sum for use towards the provision of affordable housing.

House type mix without House type mix House Type affordable with affordable 2 bedroom terraced 0 4 3 bedroom semi- detached 16 12 3 bedroom detached 13 14 4 bedroom detached 10 10 4 bedroom detached 3 3 4 bedroom detached 12 12 4 bedroom detached 9 9 4 bedroom detached 9 9 4 bedroom detached 4 4 Total 76 77

Comments on the submissions:

Affordable housing provision

The number of affordable units and the discount below market value is less than is normally required. However it has already been demonstrated in Dr Golland’s appraisal that the development will be unviable at the present time if any affordable housing contributions are required.

Notwithstanding the above it is likely to be at least 12-18 months following commencement of development before the affordable houses would have to Page No 4

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 be delivered. Against the background of what appears to be an improving economic situation I believe it is reasonable expect the housing market housing to improve sufficiently in that time to sustain the costs of the four affordable houses.

The proposed dwellings will meet the definition of affordable housing set out in national guidance (Technical Advice Note 2 ‘Affordable Housing’) because they will be sold at a price less than market value. Based on the response received from Housing the proposed 2 bedroom units will also help to meet an identified need for smaller affordable units.

To reflect the fact the number of affordable houses and the level of discount are less than normally required and to safeguard against the permission being ‘banked’ until market conditions are more favourable permission should be granted subject to:

i) the developer being given one year to commence development rather than the usual 5 years;

ii) As proposed by the applicants, a review takes place of any dwelling not substantially commenced within 3 years of permission being granted with a share of any additional value in respect of those dwellings being paid to the Council as a commuted sum.

The above approach is generally consistent with advice given by the Welsh Government in ‘Redelivering affordable housing using section 106 agreements’ when reduced affordable housing contributions are negotiated to ensure developments remain viable.

Design and location of the affordable houses

The amendments layout of the development has not changed as a result of the proposed, with the increase in the number of dwellings proposed solely a consequence changes to the house types proposed.

The appearance of the affordable dwellings is comparable in style and quality to the open market houses.

The dwellings will be provided as a single terrace of 4 at the end of a cul-de- sac on the western part of the site. Whilst the normal preference is for affordable housing to be distributed throughout a development this would be impractical in this instance given the number of units proposed and the fact that they will be provided via a terraced house type. The dwellings will form an integral part of the street they are on and will not result future occupiers being segregated from the rest of the development.

Other Matters: The Local Member has expressed concerns over a number of aspects of the scheme in addition to the issues discussed above:

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Provision of Public Open Space

The location, amount and intended use of the open space and landscaped areas within the site are broadly the same as the extant planning permission. Policies and circumstances have not changed significantly since that permission was granted and arguably it would now be unreasonable to refuse permission on the grounds of inadequate open space provision.

UDP and national planning policies do not require public open space provision to meet Fields In Trust standards. Whilst the requirements of policy CLF5 and LPG10 are derived from the earlier National Playing Fields Association 6 acre standard, LPG10 also advises that public open space should “incorporate and where possible enhance existing features such as landforms, trees, hedgerows, vegetation, water features and wildlife habitats”.

I believe the on-site space strikes a reasonable balance between formal recreation, nature conservation and landscaping for the purposes of visual amenity.

Landscaping and Boundary Treatment

There is scope for the proposed landscaping to be improved. A condition requiring a revised landscaping scheme (to include boundary treatment) will be imposed

Width of on-site carriageways

The internal estate roads have been designed to conform to Manual for Streets standards. Requiring internal estate roads of housing schemes to have wider carriageways would be detrimental to highway safety by allowing drivers to travel at increased speeds and to visual amenity as a result of larger expanses of hard surfacing at the expense of soft landscaping.

On-site Parking

LPG16 parking standards are maximum not minimum standards. The amount of parking required for each development depends on its location. In a more accessible location it is a generally accepted principle that less parking than the maximum can justified. As noted in my original report the site is accessible by non-car means and financial contributions towards improving public transport provision are to be secured to improve that further.

Although the appeals were dismissed for other reasons, Members are reminded that parking below LPG16 maximum standards was considered acceptable by the planning Inspector in respect of housing developments on what is now the Ty Newydd development on Mold Road in . It is very unlikely that a refusal of permission on the grounds of a lack of on-site parking provision could be successfully defended in this case.

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Conclusion: The applicant’s revised proposals are fair and reasonable in light of the viability appraisals that have been provided. However the granting permission with significantly reduced affordable housing provision will however only be acceptable if the developer agrees to the normal time limit for commencement of development being significantly shorter and the review of any dwellings not substantially commenced after 3 years. This strikes an appropriate balance between recognising that the normal level of contributions to affordable housing would render the scheme unviable at the present time, securing a reduced but realistic contribution to affordable housing and ensuring the Council shares the benefits of any increase in net house prices that may occur over the lifetime of the development.

My original report is attached below as is an amended recommendation.

THE SITE

Application site

PROPOSAL

As above.

HISTORY

P/2005/1464 Outline application for residential development (122 no. dwellings) and alteration to existing vehicular and pedestrian access. Refused 15.09.06. Granted on appeal 11.12.07. Page No 7

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P/2006/1044 Earth works to form a development platform for residential development. Withdrawn 01.11.06. P/2008/0649 Outline application for residential development (84 dwelling) and alteration to existing vehicular and pedestrian access. Granted 8.9.2010. P/2008/0728 Earth works to form development platform for residential development. Granted 1.2.2010.

DEVELOPMENT PLAN

Within settlement. Policies GDP1, GDP2, EC4, EC6, EC12, EC13, H2, H7, CLF5 and T8 apply.

CONSULTATIONS

Community Council: Object on the grounds that there is no affordable housing contrary to policy conditions relating to the requirement for affordable housing in developments of 25 or over. Local Member: Notified 2.11.12 Highways: The layout is considered acceptable subject to conditions to secure the following: - the layout of the site as shown on the submitted plans; - details of the estate roads; - a travel plan; - contributions towards improved public transport; - visibility splays. Public Protection: Recommends contamination condition and condition and advisory notes in respect of minimising the impact of construction works. Education: Contributions towards primary school provision required. Welsh Water: Recommends drainage conditions. Environment Agency: Based on the information submitted the proposals fully meet the requirements of TAN15. No objection subject to conditions to secure the following: - a minimum finished floor level for 3 plots; - the submission of a scheme of surface water drainage. CCW: Accept the proposals subject to conditions/obligations to secure the Page No 8

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long term management and security of habitat mitigation proposals. National Grid: Consulted 2.11.12 Welsh Government (Trunk Roads): Does not issue a direction. Site Notice: Expired 2.11.12 Press Notice: Expired 7.12.12 Other Representations: Nearby occupiers notified 7.11.12

SPECIAL CONSIDERATIONS

Policy: The lies within the settlement, is not allocated for any specific use in the UDP and benefits from outline planning permission for residential development. Accordingly there is no objection in principle to the development.

Affordable Housing: The application as submitted proposes that permission be granted without any affordable housing provision or contributions. This represents the most significant change from the extant permission which is subject to a Planning Obligation requiring 25% of the 84 units originally proposed to be affordable.

The applicants submitted a viability appraisal in support of their proposals. The viability of the development has also been subject to an independent review by Dr Andrew Golland, a well respected expert in this particular field. The review was jointly commissioned by the Council, the landowner and the developer.

The independent review confirms that the development will be unviable if the LPG28 requirement for 25% of the dwelling to be affordable. There would need to be a considerable uplift in net property values to deliver this amount of affordable housing. Even a reduced amount of affordable housing would render the scheme unviable for the foreseeable future.

I appreciate that granting permission for the development as proposed would make no contribution towards meeting the current need for affordable housing in the County Borough. However Welsh Government guidance ‘Redelivering affordable housing using section 106 agreements’ advises that it is not reasonable for local authorities to ignore economic realities and simply stick to a policy requirement approved in different times.

The site was purchased by the landowner in September 2005 in very different market conditions and at a time of rising house prices. Average house prices in Wrexham are currently nearly 8% lower than they were when the site was purchased and nearly 6% lower than when the extant planning permission was granted in 2010. This and the findings of the independent review are significant important material considerations in the applicant’s favour in this particular case.

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Planning Policy Wales (paragraph 9.2.3) requires Local Planning Authorities to ensure that sufficient land is genuinely available or will become available to provide a 5 year supply of land for housing. The most recently published Joint Housing Land Availability Study (2012) found that Wrexham has a housing land supply of only 3.5 years. This takes account of the extant permission for 84 dwellings on this site.

Planning Policy Wales (paragraph 9.2.3) advises that to contribute towards the 5 year housing land supply sites must economically feasible for development. On the basis of the evidence available, the extant consent will be excluded from the 2013 Joint Housing Land Availability Study thus exacerbating the shortage of housing land and increasing pressure for an equivalent sized plot of Greenfield land to be released for development. The proposed development will ensure that the current housing land supply is at least maintained whilst also reducing the likelihood that a sizeable plot of previously developed land does not remain vacant for the foreseeable future.

Deferred contributions: The applicants are aware that Members may be concerned that a planning permission granted without a requirement for affordable housing could be ‘banked’ until market conditions improve and allowing them to benefit in full from additional returns. They have therefore suggested that planning permission be granted for a shorter period of time than the normal 5 years in order to demonstrate their commitment to developing the site.

I am supportive of permission being granted for a short period of time and believe a three year period to commence development would be reasonable. This would give sufficient time for the applicants to deal with pre- commencement planning conditions and make substantial progress towards developing the site. Nevertheless this would not completely eliminate the risk of the site being ‘banked’ because it would be possible for no more than minimal implementation works to take place to secure the permission in perpetuity.

To fully address this matter a planning obligation is necessary with a requirement that any part of the development not substantially commenced within 3 years of permission being granted to be reviewed. If market conditions have sufficiently improved at that time a share of any additional return will be paid to the Council as a commuted sum for use towards the provision of affordable housing.

Layout and Design: A site layout was approved when outline permission was granted in 2010. Whilst not identical, the layout and general form of the development now proposed is very similar. In common with the previously approved layout, the development will maintain a soft landscaped buffer along the site frontage with Croesnewydd Road, a 15 metre wide landscaped buffer along between the dwellings and the River Gwenfro and a woodland buffer along the north-eastern boundary of the site. The boundaries of dwellings adjoining the site frontage area will have brick walls which will complement the Page No 10

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 proposed soft landscaping and ensure an attractive site frontage is maintained. The dwellings front onto the internal estate roads thus providing active frontages within the development.

The development proposes a mix of 3 and 4 bedroom dwellings. There is a sufficient mix of house types to give interest and variation to the scheme.

The open space provision remains generally the same as previously approved – both in terms of quantity and location. Two separate play areas are proposed that are benefit from natural surveillance from nearby dwellings and are well located so as to be easily and safely accessible whilst also providing attractive landscaped areas within the development.

The 15 metre landscaped buffer between the dwellings and the River Gwenfro will provide an attractive backdrop to the development is maintained whilst also providing ecological mitigation (see below). Similarly the woodland buffer will also provide an attractive buffer between the development and the adjoining employment uses.

Access and Parking: The main vehicular and pedestrian access arrangements to the site from Croesnewydd Road are the same as those previously approved. A combined pedestrian footway and cycleway will also be provided along the full extent of the site frontage.

The dwellings will be provided with 2 off-road parking spaces. This is 1 less than the LPG16 maximum however there are employment opportunities within walking distance. Whilst no buses currently pass the site itself, regular bus services into Wrexham town centre do pass along Rhyd Broughton Lane to the north – the nearest bus stop being around 400 metres away. A planning obligation will also require financial contributions towards the improved public transport provision, including the diversion of bus routes. This will encourage occupiers of the site to make sustainable transport choices.

Noise: The site adjoins the A483 so will be subjected to noise from passing traffic. The site has been designed so that rear gardens of dwellings near to the north-western boundary of the site are shielded from traffic noise by the dwellings themselves. A scheme of noise mitigation has also been submitted which proposes and acoustic fence along the north-eastern boundary of the site. Sound insulation for dwellings facing the north-western and north- eastern boundaries is also proposed. Together these measures will provide effective mitigation to ensure an acceptable standard of amenity is afforded to future occupiers. A condition will require the full implementation of the scheme.

Ecology: The River Gwenfro flows broadly parallel to the south western boundary of the site – which is an important corridor for otters. The area occupied by built development will be no different to that of the extant permission and a buffer zone between it the River Gwenfro has been maintained which will provide suitable mitigation. Subject to the long term Page No 11

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 management of this being secured via a Planning Obligation I am satisfied the proposals will not give rise to any additional impacts upon ecology than the extant permission.

Flooding and Drainage: The site partially lies within the C2 Flood Zone, where national guidance TAN15 (Development and Flood Risk) advises highly vulnerable development, such as housing, should not be built. The site layout ensures has been designed to take account of the flood plain and, subject to a condition specifying a minimum finished floor level for 3 plots and a scheme of surface water drainage the Environment Agency ( now Natural Resources Wales ) raised no objection to the development.

Conclusion: The development accords with relevant planning policies in respect of layout, appearance, landscaping, ecology mitigation, access and parking provision.

Without contributions to the provision of affordable housing the proposals do not accord with policy H7. However the conclusions of the jointly commissioned independent review demonstrate that the scheme will be unviable if affordable housing contributions are required in light of current market conditions. I am satisfied that this provides sufficient justification for departing from policy H7 in this instance. P/2012 /0760 RECOMMENDATION A

That the Council enters into an Obligation under Section 106 of the Town and Country Planning Act 1990 to secure:

(i) Four affordable houses to be sold with a 15% discount below market value; (ii) Payment of a contribution of towards primary school provision £169,344; (iii) The establishment of a management company to secure the long term management and maintenance of on-site public open space and areas of ecological importance; (iv) Payment of a financial contribution of £17,000 (comprising a one off payment of £5,000 an annual payment of £2,400 for a period of 5 years) towards improved public transport infrastructure and the diversion of existing bus services. (v) Deferred contributions towards the provision of affordable housing in the event of market conditions improving within 3 years of the date of permission being granted in respect of any dwelling not substantially commenced by that date.

That the Head of Community Wellbeing and Development be given delegated authority to approve the final form and content of the Obligation.

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RECOMMENDATION B

Upon completion of the Planning Obligation that permission be Granted subject to the following conditions:

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of one year from the date of this permission. 2. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 3. Each new dwelling hereby permitted shall be constructed to achieve a minimum Code for Sustainable Homes Level 3 and achieve a minimum of 1 credit under category 'Ene1 - Dwelling Emission Rate' in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3. The development shall be carried out entirely in accordance with the approved assessment and certification 4. Construction of any dwelling hereby permitted shall not begin until an 'Interim Certificate' has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been achieved for that individual dwelling or house type in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3. 5. Prior to the occupation of the individual dwelling hereby permitted, a Code for Sustainable Homes 'Final Certificate'' shall be submitted to the Local Planning Authority certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been achieved for that dwelling in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3. 6. No part of the development shall commence until a scheme to deal with potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include a phased investigation approach to identify the extent of contamination and any measures required to remediate the site, including post-development monitoring. 7. No part of the development shall be occupied until a Verification Report which demonstrates that the remedial works approved as part of condition no. 06 above have been satisfactorily carried out, has been submitted to and approved in writing by the Local Planning Authority. 8. No part of the development shall commence until a Travel Plan has been submitted to and approved in writing by the Local Planning Authority. The development shall be used in strict accordance with the details as are approved. 9. Development shall be carried out in strict accordance with the Trevor Bridge Associates Method Statement for Protection of Trees During Development Reference DF/MG/3722/Updated Method Statement/Revision E Page No 13

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Solutions and Tree Protection Plan 3722.08. 10. No part of the development shall commence until full details for the arboricultural supervision of tree protection measures and any ground works within retained tree(s) Root Protection Areas, as specified by BS5837:2005 or as shown on a Tree Protection Plan have been submitted to and approved in writing by the Local Planning Authority. The supervisory works shall be carried out in strict accordance with the details as approved. 11. The development shall be carried out in strict accordance with the Hepworth Acoustic Noise and Vibration Consultants Recommendations for Noise Mitigation dated June 2012. Those plots for which noise mitigation measures are proposed in Section 2.0 Recommendations for Noise Mitigation and on Figure 1 - Recommended Noise Mitigation Scheme shall not be occupied until the noise mitigation measures have been implemented in full. 12. The finish floor levels of plots 19, 20 and 21 as shown on the approved drawing no. SLP 01 Revision J - Site Layout Plan shall not be less than 96.3m above Ordnance Datum. 13. No part of the development shall commence until a scheme for the comprehensive and integrated drainage of the site indicating provision for foul water, surface water and land drainage has been submitted to and approved in writing by the Local Planning Authority. Prior to the submission of those details, an assessment shall be carried out into the potential for disposing of surface water by means of Sustainable urban Drainage Systems (SuDS) in accordance with the principles of sustainable drainage systems set out in Technical Advice Note 15: Development and Flood Risk, and the results of the assessment shall be submitted in writing to the Local Planning Authority. Where a SuDS scheme is to be implemented, the submitted details shall: i) Provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of receiving ground water and/or surface waters; ii) Specify the responsibilities of each party for the implementation of the SuDS scheme, together with a timetable for that implementation; and, iii) Provide a timescale for implementation, management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. 14. No part of the development shall commence until full details of a hard and soft landscaping scheme together with a timescale for the implementation of works have been submitted to and approved in writing by the Local Planning Authority. 15. The landscaping scheme submitted and approved in connection with condition no. 14 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved scheme. 16. Within three months of commencement of development full details of the siting, size, layout and appearance of play equipment to be sited in the Children Play Area shall be submitted to and approved in writing by the Local Planning Authority. Plots 15-27 shall not be occupied until the play equipment as approved shall thereafter be provided in full. 17. Development shall not commence until an Ecological Method Page No 14

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Statement and Management Plan has been submitted to and approved in writing by the Local Planning Authority. The Plan shall set out how existing features of ecological/wildlife interest will be protected and managed in the long term together with timescales for its implementation. The Plan as approved shall thereafter be implemented in accordance with the approved timescale. 18. Within three months of commencement of development a Landscape Management Plan for all landscaped areas and areas of public open space shall been submitted to and approved in writing by the Local Planning Authority. The areas of landscaping and public open space shall thereafter be managed in accordance with the approved Landscape Management Plan. 19. The 3m wide footway shown on approved drawing no. SLP 01 Revision J - Site Layout Plan shall be completed to a Highways adoptable standard along the full site frontage prior to the first occupation of any dwelling hereby granted permission. 20. The estate roads and footways shall be progressively constructed to base coat standard from the junction with Croesnewydd Road across the frontage of each plot prior to occupation of the building erected thereon. 21. Each dwelling shall be provided with parking areas in accordance with the details shown on approved drawing no. SLP 01 Revision J - Site Layout Plan prior to first occupation of that dwelling. 22. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 56 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the nearside edge of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 23. Prior to the first use of the development hereby granted permission the junction of private access road and estate road adjoining plot 27 as shown on approved drawing no.SLP 01 Revision J - Site Layout Plan shall be provided within visibility splays of 2.4 metres x 25 metres in both directions measured to the nearside edge of the adjoining carriageway. Within the splays there shall be no obstruction in excess of 1 metre in height above the level of the nearside edge of the adjoining carriageway. The splays shall thereafter be retained clear of any such obstruction to visibility. 24. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales Edition 5 (2012) ) Page No 15

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4. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales Edition 5 (2012) ) 5. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales Edition 5 (2012). 6. In the interests of the amenities of the future occupants of the buildings 7. In the interests of the amenities of the future occupants of the buildings 8. In the interests of highway safety. 9. To ensure the amenity afforded by the trees is continued into the future. 10. To ensure the work is carried out to accepted arboricultural practices for the long term well being of the tree(s). 11. In the interests of ensuring the amenity of future occupiers of the development. 12. To reduced the potential risk of flooding to the proposed development and future occupants. 13. To ensure satisfactory drainage of the site and to avoid flooding. 14. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 15. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 16. In the interests of the visual amenities of the area and the amenity of occupiers of the development. 17. In order to protect ecologically important features within the site. 18. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 19. In the interests of pedestrian safety. 20. To ensure the formation of a safe and satisfactory access. 21. To ensure adequate off-street parking for each dwelling is provided. 22. To ensure that adequate visibility is provided at the proposed point of access to the highway. 23. To ensure that adequate visibility is provided at the proposed point of access to the highway. 24. To protect the amenities of the occupiers of nearby properties.

NOTE(S) TO APPLICANT

The details required by condition 14 shall include full details of all boundary treatments and of the landscaping Children's Play Area and Kick-about Area. You should ensure that any difference between the plans approved under the Town and Country Planning Acts and under the Building Regulations is resolved prior to commencement of development, by formal submission of amended plans.

The applicant is advised that compliance with condition no. 21 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate. Page No 16

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The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300.

Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows: - Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal; - Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke.

To prevent offences under the above named Acts there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information.

The Applicant is advised that under the Environmental Protection Act 1990, dust from construction and/or demolition activities can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that any dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information.

The proposed development lies within an area which could be subject to current coal mining or hazards resulting from past coal mining. Such hazards may currently exist, be caused as a result of the proposed development, or occur at some time in the future. These hazards include:

· Collapse of shallow coal mine workings. · Collapse of, or risk of entry into, mine entries (shafts and adits). · Gas emissions from coal mines including methane and carbon dioxide. · Spontaneous combustion or ignition of coal which may lead to underground heatings and production of carbon monoxide. · Transmission of gases into adjacent properties from underground sources through ground fractures. · Coal mining subsidence. · Water emissions from coal mine workings.

Applicants must take account of these hazards which could affect stability, health & safety, or cause adverse environmental impacts during the carrying out their proposals and must seek specialist advice where required. Additional Page No 17

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 hazards or stability issues may arise from development on or adjacent to restored opencast sites or quarries and former colliery spoil tips.

Potential hazards or impacts may not necessarily be confined to the development site, and Applicants must take advice and introduce appropriate measures to address risks both within and beyond the development site. As an example the stabilisation of shallow coal workings by grouting may affect, block or divert underground pathways for water or gas.

In coal mining areas there is the potential for existing property and new development to be affected by mine gases, and this must be considered by each developer. Gas prevention measures must be adopted during construction where there is such a risk. The investigation of sites through drilling alone has the potential to displace underground gases or in certain situations may create carbon monoxide where air flush drilling is adopted.

Any intrusive activities which intersect, disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) require the prior written permission of the Coal Authority. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes.

Failure to obtain Coal Authority permission for such activities is trespass, with the potential for court action. In the interests of public safety the Coal Authority is concerned that risks specific to the nature of coal and coal mine workings are identified and mitigated.

The above advice applies to the site of your proposal and the surrounding vicinity. You must obtain property specific summary information on any past, current and proposed surface and underground coal mining activity, and other ground stability information in order to make an assessment of the risks. This can be obtained from The Coal Authority's Property Search Service on 0845 762 6848 or at www.groundstability.com

RECOMMENDATION C

That if the Obligation pursuant to Section 106 of the Town and Country Planning Act 1990 is not completed within six months of the date of the Committee resolution the Head of Community Wellbeing and Development be given delegated authority to refuse the application for the following reasons:-

1. Inadequate provision has been made towards the provision of additional infrastructure. Without this additional provision, existing infrastructure does not have sufficient capacity to cater for the development. As such the development does not accord with policy GDP2 of the Wrexham Unitary Development Plan. 2. The development makes inadequate provision for the long term maintenance of habitat areas and on-site open space and as such does Page No 18

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

not accord with policies GDP1, EC6 and CLF5 of the Wrexham Unitary Development Plan. 3. The development will make an adequate contribution towards the provision affordable housing and therefore conflicts with policy H7 of the Wrexham Unitary Development Plan.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0163 FORMER BETHLEHEM 06/03/2013 CONGREGATIONAL CHURCH SMITHY ROAD COMMUNITY: WREXHAM CASE OFFICER: Coedpoeth LL11 3NS SEH

DESCRIPTION: WARD: DEMOLITION OF EXISTING CHAPEL AGENT NAME: Coedpoeth AND CONSTRUCTION OF 4 HOME DESIGN BEDROOM DETACHED DWELLING SOLUTIONS LTD INCLUDING LANDSCAPING AND MR C HUGHES ASSOCIATED ACCESS

APPLICANT(S) NAME: MR M TUCKER THE CONGREGATIONAL FEDERATION LTD ______

THE SITE

Application Site

PROPOSAL

As above. Page No 20

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

HISTORY

None relevant.

DEVELOPMENT PLAN

Within defined settlement limit. Policies GDP1, T8 and H2 apply. LPGN Nos. 16 ‘Parking’ and ‘Space around Dwellings’ are also relevant.

CONSULTATIONS

Community Council: Consulted 30.07.13 Local Member: Notified 30.07.13 Public Protection: Recommend condition and notes requiring measures to limit the impact of demolition and construction works and to address potential land contamination issues. Highways: Recommend condition requiring proposed parking area to be laid out prior to occupation and retained thereafter. NRW: No objection CPAT: Request conditions requiring a photographic survey and an archaeological watching brief. Site Notice: Expired 22.8.13 Other Representations: 1 objection expressing the following concerns: - Broadly support the replacement dwelling subject to safeguarding against any loss of privacy; - Site should not be overdevelopment and should be of appropriate scale; - the building should be converted not demolished; - demolition of the historic chapel is inappropriate.

SPECIAL CONSIDERATIONS

Policy: Policy H2 permits residential development on unallocated sites within settlements. Whilst it does not specifically deal with replacement dwellings/buildings, it does not distinguish between vacant sites and sites occupied by existing buildings. The proposals are therefore in accordance with the policy.

Design: The existing building has some architectural merit but is not listed nor is it within a Conservation Area so is not afforded any specific protection. A detailed photographic survey will be required by condition to ensure there is an adequate record of the building.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

The scale, form and appearance of the proposed dwelling is acceptable and sympathetic to it surroundings.

Amenity: The development accords with LPG21 so will not prejudice the standard of amenity afforded to occupiers of nearby properties.

I appreciate the concerns of nearby occupiers with regards to potential nuisance, disruption and access problems during construction works. These works will take place for a relatively short period of time and provided they are carried out with full regard to the amenity of nearby occupiers should not provide unduly disruptive. An appropriate condition and advisory notes will be attached to the permission.

Parking: Adequate provision is made for off-street parking and the setting out and permanent retention of the proposed parking area will be secured by condition.

Conclusion: The development accords with the relevant UDP policies and I recommend accordingly.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 3. Each new dwelling hereby permitted shall be constructed to achieve a minimum Code for Sustainable Homes Level 3 and achieve a minimum of 1 credit under category 'Ene1 - Dwelling Emission Rate' in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3. The development shall be carried out entirely in accordance with the approved assessment and certification 4. Construction of any dwelling hereby permitted shall not begin until an 'Interim Certificate' has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been achieved for that individual dwelling or house type in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3. 5. Prior to the occupation of the individual dwelling hereby permitted, a Code for Sustainable Homes 'Final Certificate'' shall be submitted to the Local Planning Authority certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been achieved for that dwelling in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

6. No works shall commence until an appropriate photographic survey of the existing buildings on the site has been carried out in accordance with details to be submitted to and approved in writing by the Local Planning Authority. The resulting digital photographs should be forwarded on a CD or DVD to the Local Planning Authority, and the Development Control Archaeologist at Clwyd-Powys Archaeological Trust, 41 Broad Street, Welshpool, Powys, SY21 7RR (Tele no. 01938 553670). 8. Prior to their installation on the building, drawings to scale 1:5 and 1:20 fully detailing all new or replacement windows and doors shall be submitted to and approved in writing by the Local Planning Authority. The details shall fully describe the proposed materials, decorative/protective finishes, cross sections for glazing bars, sills, heads etc, method of opening and glazing type. The works shall only be carried out in strict accordance with such details as are approved. 9. The vehicular parking and turning areas as shown on approved drawing No. CC-02 shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of vehicles at all times. 10. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday. 12. The development shall be carried out in strict accordance with the methodology, findings and recommendations contained within the Protected Species Survey Results Report as carried out by The Tyrer Partnership, and dated 29 July 2013 approved as part of this application. The mitigation and compensation measures at section no. 10 hereby approved shall be fully implemented prior to first use of the development.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales Edition 5 (2012) ) 4. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales Edition 5 (2012) ) 5. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales Edition 5 (2012) ) 6. To provide for a record of a building or buildings of local architectural or historic interest 8. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 9. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. Page No 23

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

10. To protect the amenities of the occupiers of nearby properties. 12. To protect named species/habitats/biodiversity which would otherwise be damaged/lost by the development hereby permitted.

NOTE(S) TO APPLICANT

You should ensure that any difference between the plans approved under the Town and Country Planning Acts and under the Building Regulations is resolved prior to commencement of development, by formal submission of amended plans.

The applicant is advised that compliance with condition no. 10 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate.

The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300.

Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows: - Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal; - Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke.

To prevent offences under the above named Acts there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information.

The Applicant is advised that under the Environmental Protection Act 1990, dust from construction and/or demolition activities can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that any dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

The proposed development lies within an area which could be subject to current coal mining or hazards resulting from past coal mining. Such hazards may currently exist, be caused as a result of the proposed development, or occur at some time in the future. These hazards include:

· Collapse of shallow coal mine workings. · Collapse of, or risk of entry into, mine entries (shafts and adits). · Gas emissions from coal mines including methane and carbon dioxide. · Spontaneous combustion or ignition of coal which may lead to underground heatings and production of carbon monoxide. · Transmission of gases into adjacent properties from underground sources through ground fractures. · Coal mining subsidence. · Water emissions from coal mine workings.

Applicants must take account of these hazards which could affect stability, health & safety, or cause adverse environmental impacts during the carrying out their proposals and must seek specialist advice where required. Additional hazards or stability issues may arise from development on or adjacent to restored opencast sites or quarries and former colliery spoil tips.

Potential hazards or impacts may not necessarily be confined to the development site, and Applicants must take advice and introduce appropriate measures to address risks both within and beyond the development site. As an example the stabilisation of shallow coal workings by grouting may affect, block or divert underground pathways for water or gas.

In coal mining areas there is the potential for existing property and new development to be affected by mine gases, and this must be considered by each developer. Gas prevention measures must be adopted during construction where there is such a risk. The investigation of sites through drilling alone has the potential to displace underground gases or in certain situations may create carbon monoxide where air flush drilling is adopted.

Any intrusive activities which intersect, disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) require the prior written permission of the Coal Authority. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes.

Failure to obtain Coal Authority permission for such activities is trespass, with the potential for court action. In the interests of public safety the Coal Authority is concerned that risks specific to the nature of coal and coal mine workings are identified and mitigated.

The above advice applies to the site of your proposal and the surrounding vicinity. You must obtain property specific summary information on any past, current and proposed surface and underground coal mining activity, and other Page No 25

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 ground stability information in order to make an assessment of the risks. This can be obtained from The Coal Authority's Property Search Service on 0845 762 6848 or at www.groundstability.com

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0305 LAND WEST OF AND ADJOINING 30/04/2013 WHOOTERS LODGE OSWESTRY ROAD OVERTON WREXHAM COMMUNITY: LL13 0LG CASE OFFICER: Overton SEH DESCRIPTION: RETROSPECTIVE APPLICATION WARD: FOR CHANGE OF USE OF AGENT NAME: Overton AGRICULTURAL LAND TO PRIVATE ANDY FOSTER NATURE RESERVE AND ERECTION ARCHITECTS OF STRUCTURES FOR MR RANDAL TURNER MAINTENANCE AND INCIDENTAL ENJOYMENT THEREOF

APPLICANT(S) NAME: MR JONATHAN LATHAM ______

THE SITE

Application Site

PROPOSAL

As above. Including a Tree House/Hide, Gazeebo and Jetty.

Page No 27

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

RELEVANT HISTORY

18616 Erection of managers dwelling and Withdrawn 3/12/1990 office for hatchery, construction of new vehicular and pedestrian access and installation of septic tank 19160 Siting of residential caravan for Refused 29/4/1991 keeper/supervisor of hatchery 19423 Use of land as game farm, erection of Refused 29/7/1991 manager/supervisors bungalow and installation of septic tank (Partly in retrospect) P/2003/0215 Construction of 3 no. lakes/ponds and Granted 7/7/2003 laying of pipeline in association with use of effluent treatment plan (partly in retrospect)

DEVELOPMENT PLAN

The site lies outside the settlement limits, and is within a Special Landscape Area. UDP Policies PS2, EC4, EC5, EC6, EC9, and GDP1 apply. LPGN 7 ‘Landscape’, 17 ‘Trees’ and 32 ‘Biodiversity’ are also relevant.

CONSULTATIONS

Community Council: The initial Planning Permission for the ponds was to serve as a ‘Trade effluent polishing scheme’. In their Statement 3.0 Proposals – 3.1 the reasons are given for choosing not to continue with the ‘polishing’ scheme and extol the virtues of the conditions now present in the natural biodiversity because the polishing scheme is not in place. In the same paragraph they also state that should consent be given by the Environment Agency at a future date, the client may well use the ponds for their originally intended purpose and that this function would not conflict with the use of land as a private nature conserve. That is a confusion of statements of purpose and reasoning. It is totally desirable to maintain the extremely important ecological biodiversity now apparent and perhaps the possibility of consultation with the Countryside Council for Wales on creating an agricultural site of SSSI should be explored. Removing the agricultural status would also presumably impact on planning issues present and future.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

Structures It is possible to view all structures in part from the main road and from the public footpath at the lower end of the site.5.1 The policies quoted refer largely to structures in the public accessibility but the application is for a private conservation area not accessible to the public. Clause 58 section 7 of the NPPF is not relevant. Clause 109 Section 11 of the NPPF begins with’ protecting and enhancing valued landscapes ‘– do these structures comply with this ethic Policy GDP1 refers to all new development within the public usage therefore not relevant. Policy PS2, PS11 and EC5 all make reference to the impact on the landscape. Land Use Planning System in Wales 5.8 includes visual appearance of the proposed development and its relationship to its surroundings. Do the structures have a detrimental or enhancing impact on the landscape and are they in keeping with the overall perceived nature reserve?? TREE HOUSE Of considerable size, contains a wood burning stove, very possible to camp in. Foliage on oak tree and surrounds would likely impair visual access to the conservation area. GAZEBO A large domestic African type of structure complementing the essence of a natural conservation area. JETTY The wooden jetty is acceptable but a large domestic iron gazebo is placed upon it, this is not mentioned in the application. BRIDGES The structure is wooden and of no detrimental impact. Local Member: Notified 07/05/2013 Highways: Consulted 07/05/2013 Public Protection: Recommend conditions and comments NRW: Does not object to the proposal. The proposal is not likely to adversely affect any natural heritage or environmental interests. Site Notice: Expired 04/06/2013 Other representations: 4 letters of support received:  The reserve is a visual enhancement and an asset to the environment; Page No 29

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

 The ‘hide’ allows records of rare birds and other animals to be kept;  The tree house is a pleasing structure to see.

SPECIAL CONSIDERATIONS/ ISSUES

Background: The creation of new landscape features in terms of the lakes/ponds were approved in 2003 be used as part of the effluent treatment plan for the nearby Knolton Cheese Factory. The lakes are not now required for the purposes of effluent treatment and so the applicants have sought to use the lakes as part of a nature reserve. The wetlands and woodland proposed would be welcomed from ecological and landscape point of view.

Ecology: The ecological report concludes that no designated sites or protected species would be affected, and that the range of habitats to be created would greatly add to the biodiversity of the area, and would significantly increase the potential for a greater range of species.

Some of the structures, maintenance and species introduced to the site give it a slightly "suburban" appearance. However, in general terms it is of greater biodiversity value than the surrounding agricultural land. The ponds should not now be removed because of the harm this would cause to the established habitats.

Trees: There are no objections to the proposed use of the area as it will not be detrimental to the trees on site. In respect though of the tree house, it is considered expedient to only issue a temporary five year permission. This will enable the Authority to assess the longer term impact on the tree health and stability of the tree.

Structures and Visual Impact: The proposed structures including the gazebo, jetty and bridges are not readily visible in the wider context of the area and as such both the nearby and distant viewpoints within the Special Landscape Area are protected. Given the materials of construction it would be appropriate to grant only temporary permission to allow the Authority to monitor the visual impact of the structures should they deteriorate in condition, in the interests of the visual amenities of the area.

Conclusion: Subject to the granting of temporary permission of no more than 5 years for the ancillary structures used for the enjoyment of the private nature reserve, there are no objections to the proposed change of use of the land, and I recommend accordingly.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. This permission does not authorise the importation of soil, subsoil or waste materials into the site. 2. The following activities should not be carried out under any circumstances: 1)No fires should be lit within 10 metres of the nearest point of the canopy of any retained tree. 2)No works, including earth works and the bringing onto site of machinery or materials shall proceed until the approved tree protection measures are put in place, with the exception of the approved tree works. 3)No equipment, signage, fencing, tree protection barriers, materials, components, vehicles or structures shall be attached to or supported by a retained tree. 4) No mixing of cement or use of other materials or substances shall take place within tree root protection areas or tree construction exclusion zones, or close enough to these that seepage or displacement of those materials or substances could cause them to enter tree root protection areas or tree construction exclusion zones. 5) No alterations or variations to the approved works or tree protection schemes shall be carried out without the prior written approval of the Local Planning Authority. 3. The land subject of this planning permission shall be used as a private nature reserve as described in the documentation accompanying the planning application. For the avoidance of doubt, the nature reserve shall not be open to members of the public. 4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order, (or any order,..) no lighting shall be provided on any part of the site without the permission of the Local Planning Authority 5. The gazebo, jetty, bridge and tree house as shown on drawing no.s 307/03 and 04 shall be dismantled and any resulting materials permanently removed from the site by no later than 31 December 2018. No further structures or buildings shall be constructed on this land at any time in the future. 6. The existing hedgerow, post and rail fence and gate forming the boundary between the residential property known as Whooters Lodge and the Nature Reserve shall be retained in perpetuity.

REASON(S)

1. To define the permission. 2. To ensure that hard surfacing does not cause harm to retained trees in the interests of visual amenity. 3. In the interests of highway safety, to ensure that the development fully complies with the appropriate policies and standards. 4. To ensure a satisfactory standard of appearance of the development in Page No 31

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 the interests of the visual amenities of the area, and to ensure that the development fully complies with the appropriate policies and standards. 5. To protect trees which are of significant amenity value to the area, and to ensure that the development fully complies with the appropriate policies and standards. 6. In order to maintain a physical boundary between the adjacent residential property and the nature reserve in the interests of the visual amenities of the area, and to ensure that the development fully complies with the appropriate policies and standards. ______Page No 32

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0379 THE OLD CROSS FOXES CHURCH 03/06/2013 STREET WREXHAM LL14 6DS COMMUNITY: CASE OFFICER: Ruabon DESCRIPTION: PF ENCLOSURE OF FRONT GARDEN AND INSTALLATION OF BLOCK WARD: PAVIOR DRIVEWAY AGENT NAME: Ruabon MR J HUMPHREYS APPLICANT(S) NAME: MR J HUMPHREYS ______

THE SITE

Picket fence Hardstanding to enclose in this location front garden area

PROPOSAL

Planning permission is sought to erect a picket fence to enclose the front of the dwelling and also to create a drive for the parking of a motor vehicle. The application was initially submitted with a proposal to erect a porch the front elevation of the dwelling, however this was subsequently removed from the planning application as a suitable design could not be agreed.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

HISTORY

None.

DEVELOPMENT PLAN

The site is within settlement and in the Ruabon Conservation Area which is subject to an Article 4(2) direction. Policies PS2, GDP1, EC7 and T8 are relevant. Guidance is also contained in the Ruabon Conservation Area Assessment and Management Plan and LPG Notes 16 – Parking Standards and 20 – House Extensions.

CONSULTATIONS

Community Council: Concerned that the proposal will result in the narrowing of the highway due to the lack of footway and the impact that this will have upon pedestrians (inc. school children). Concerns also raised about the obstruction of vehicular access to the neighbouring dwellings and the obstructed visibility. Local Member: Notified 6.6.2013 Highways: No objection. Site Notice: Expired 3.7.2013 Other Representations: One representation raising the following points:  A neighbouring occupier has pedestrian and vehicular right of access across the property at all times;  Agreements are in place between neighbours regarding the parking of motor vehicles;  The applicants intention to park vehicles to the front of the dwelling will block the view of vehicles and pedestrians;  It was the council’s intention to build a footway to the front of the properties.

SPECIAL CONSIDERATIONS/ISSUES

Highway safety and access: The area to the front of the dwelling forms part of its curtilage, but at present it is not formalised and it is not clear to passers by as to where the property boundary ends and the adopted highway boundary begins. The Council’s adopted highway records correspond with the extent of the land indicated within the applicants control and as such I am satisfied that the fencing will not encroach upon the highway.

There is no footway along this section of Church Street. The Community Council have raised concerns that the enclosure of this land will mean that pedestrians will no longer have a refuge against passing traffic. However, the Page No 34

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 land in question is not within public ownership and it is unreasonable to withhold planning permission assuming that that this land may be given over to provide a footway in the future.

The area to the front of the dwelling is currently used for the parking of motor vehicles. I am satisfied that the creation of the hard standing will not result in a detriment to highway safety and as the proposed picket fence is less than 1 metre in height, it will not cause detriment to existing visibility.

Any issues regarding the right of access across the application site to neighbouring dwellings is a private matter between the parties involved. The granting of planning permission does not authorise the infringement of these rights.

Design: The main determining factor is whether the proposed works will seek to preserve or enhance the character of the conservation area. The picket fencing is of a simple design and the introduction of a formal hard standing should generally enhance this currently untidy section of land and provide a separation between the private and public realm. Conditions will be required of any approval to agree a painted finish of the picket fence and the surface material of the hard standing.

Conclusion: I am satisfied that the works proposed comply with policy and would seek to enhance the character of the conservation area. I recommend accordingly.

RECOMMENDATION: That permission be GRANTED CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. Prior to the laying of the driveway hereby approved, a sample of the surface material shall be submitted to and approved, in writing, by the Local Planning Authority. The development shall be carried out strictly in accordance with the development hereby approved. 3. Within one month of the installation of the picket fencing hereby approved, the timber shall receive a painted finish in accordance with details to be submitted to and approved, in writing, by the Local Planning Authority. The development shall be retained in this condition thereafter.

REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. ______Page No 35

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0396 WOODLANDS FARM DODDS LANE 10/06/2013 GWERSYLLT WREXHAM LL11 4NS COMMUNITY: CASE OFFICER: Gwersyllt DESCRIPTION: MP CONVERSION OF EXISTING AGRICULTURAL BUILDINGS TO WARD: FORM FOUR RESIDENTIAL UNITS AGENT NAME: Gwersyllt East & South WITH ASSOCIATED PARKING AND BROOKDALE INFRASTRUCTURE CONSULTING LTD MR DONALD WEBB APPLICANT(S) NAME: MR WILLIAM MACDONALD STANTON MARINE LTD ______

THE SITE

Application site

PROPOSAL

As above.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

HISTORY

No relevant history.

DEVELOPMENT PLAN

Outside settlement and within Green Barrier and Protection of Mineral Resources area. Policies GDP1, EC1, EC6, H3, T8 and MW9 apply.

CONSULTATIONS

Community Council: Objects on highway safety grounds. The Council is particularly concerned that access to the site is difficult and visibility poor and there is no footpath on this side of Dodds Lane. Cllr David Griffiths: No objection in principle but concerned about access arrangements. Cllr Bernie McCann: Notified 12.6.13 Highways: Have the following comments: - visibility at the site access is currently sub- standard due to hedgerows either side. It is intended to cut the hedgerows to a height of 800mm above the carriageway to ensure adequate visibility is provided. A suitably worded condition will be required to ensure the splay is maintained in perpetuity; - the access will need to be a minimum of 4.8m wide; - there is a shortfall of parking provision; - a 2m wide footway is provided to link the development with the existing public footway fronting 49 Dodds Lane. It would be preferable for this to be constructed along the site frontage though whether this is justified for a scheme of four dwellings is questionable; - the proposed footway links the dwellings with the facilities in the village centre. If deemed acceptable, it is suggested it should be gated where it meets the adopted footway and signed stating it is private. Public Protection: Recommend a condition and advisory notes regarding construction noise and an advisory note regarding potential contamination from agricultural chemicals Education: Contribution towards secondary school provision required. Natural Resources Wales: Consulted 12.6.13 CPAT: Request a condition requiring a photographic survey. Page No 37

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Site Notice: Expired 8.7.13 Other Representations: Nearby occupiers notified 17.6.13. No representations received.

SPECIAL CONSIDERATIONS

Policy: Policy H3 allows for the conversion of redundant agricultural buildings to dwelling subject to a series of criteria: a) There is no longer an agricultural need and alternative non-residential alternative uses have proved inappropriate.

The buildings no longer form part of an active farm complex and their traditional design and relatively small size will present a significant constraint to many modern farming businesses. As such I am satisfied there is no longer an agricultural need.

Alternative non-residential uses do not appear to have been considered. Nevertheless the site is a short distance from and industrial estates where there are modern purpose built industrial and warehouse buildings and (in the case of Llay) undeveloped land allocated land for employment use. These are far more likely to cater for the needs of and be attractive to businesses than the application site. Accordingly it would be reasonable to object in principle to the proposed residential use. b) The building is structurally sound and will not require extensive re-building

The buildings are in a reasonable condition although some rebuilding works are required. These do not amount to extensive rebuilding and as such the proposals accord with this part of the policy. c) Any inherent characteristics of merit are retained

Two modest single storey lean-to extensions to the rear (west) of the buildings are proposed as well as a small two storey infill extension to link two buildings to allow them to be used as a single dwelling. The scale and form of the extensions is sympathetic to and clearly subsidiary to the original buildings. They will have a contemporary appearance but I am nevertheless satisfied they have been sensitively sited and designed and will not detract from the character of the original buildings.

The existing character of the elevations facing onto the shared courtyard/parking area will be preserved. d) The curtilage does not constitute an undesirable intrusion and the proposals do not create access problems

Gardens will be formed by enclosing agricultural land to the rear of the buildings. Provided appropriate boundary treatment is used (such as a native Page No 38

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 species hedge) the gardens will not harm the character of the site or the Green Barrier.

Provided the boundary hedge enclosing the site frontage is maintained at 800mm in height as proposed, adequate visibility can be provided thus ensuring the site will be provided with a safe means of access.

Pedestrian access to the site will be provided by a private footpath located behind the boundary hedge of the site. The footpath will connect with the existing public footway in front of 49 and 51 Dodds Lane to the north-west of the site. Whilst I note Highways preference for a footway to be constructed along the site frontage a private footway is entirely appropriate given that only serves 4 dwellings. The proposed footway will ensures that future occupiers have a safe means of pedestrian access whilst avoiding the need to remove a significant portion of boundary hedge and harm the appearance of the site frontage.

The proposed parking arrangements are not acceptable both in terms of the number of spaces or their layout within the site. I am however satisfied that this matter can be address with relatively modest amendments. I am currently waiting for amended plans to be submitted. e) the floor plan of the existing building is sufficient to create a habitable dwelling

The buildings are large enough to be converted to residential use.

Outbuildings: A new four bay garage block is proposed to provide garages for three of the dwellings as well as the existing farmhouse.

Whilst LPG3 advises that garaging/storage should be provided within existing buildings, only one of the buildings is suitable for conversion to a garage for one of the proposed dwellings. The remainder do not readily lend themselves to conversion to garages without harming their character.

The proposed garage block reflects the general form of the existing buildings and will enhance the appearance of the shared courtyard/parking area in front of the buildings. It is clearly located within the former farm complex on land that is already hard surfaced and will not intrude into the rural landscape.

Ecology: The building has been surveyed for bats and no evidence of their presence was found. Despite this a precautionary approach to development is recommended in case bats are found whilst the development is taking place. A precautionary approach in respect of nesting birds is also recommended. A condition will be attached requiring the development to be carried out in accordance with these recommendations.

Conclusion: Subject to the submission of amended parking arrangements the development accords with the relevant UDP policies. Page No 39

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

RECOMMENDATION A

That the Council enters into an Obligation under Section 106 of the Town and Country Planning Act 1990 to secure:

(i) payment of a contribution of towards secondary school provision £8,000;

That the Head of Community Wellbeing and Development be given delegated authority to approve the final form and content of the Obligation.

RECOMMENDATION B

Subject to the receipt of amended plans that show satisfactory parking arrangements and upon the completion of the Planning Obligation that permission be Granted subject to the following conditions and any others as may be necessary following the submission of the amended plans:

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of three years from the date of this permission. 2. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 3. No works shall commence until an appropriate photographic survey of the existing buildings on the site has been carried out in accordance with details to be submitted to and approved in writing by the Local Planning Authority. The resulting digital photographs should be forwarded on a CD or DVD to the Local Planning Authority, and the Development Control Archaeologist at Clwyd-Powys Archaeological Trust, 41 Broad Street, Welshpool, Powys, SY21 7RR (Tele no. 01938 553670). 4. Prior to their installation on the building, drawings to scale 1:5 and 1:20 fully detailing all new or replacement windows and doors shall be submitted to and approved in writing by the Local Planning Authority. The details shall fully describe the proposed materials, decorative/protective finishes, cross sections for glazing bars, sills, heads etc, method of opening and glazing type. The works shall only be carried out in strict accordance with such details as are approved. 5. Within three months of commencement of development, full details of a hard and soft landscaping scheme together with a timescale for implementation of works shall be submitted to and approved in writing by the Local Planning Authority. 6. The landscaping scheme submitted and approved in connection with condition no. 05 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved scheme. 7. All new and replacement rainwater goods shall be cast iron or Page No 40

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 aluminium only. 8. The extent of re-building works shall be strictly limited to those referred to in the GLM Building Condition and Structural Survey Report Revision A dated September 2013 and shown on approved drawing no. S (2-) 001. 9. The development shall be carried out in strict accordance with Section 8: Conclusions, Impacts and Mitigation for Bats and Section 9: Barn Owl & Nesting Birds of the Clwydian Ecology Protected Species dated 30 July 2012. 10. The development shall be carried out in strict accordance with the Tree Solutions Arboricultural Method Statement reference: 13/AIA/WXM/115 dated 10 June 2013. 11. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 25 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 0.8 metres in height above the level of the nearside edge of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 12. Prior to first use of the vehicular access hereby approved, the access shall be surfaced with hard bound materials (e.g. bituminous macadam) for a minimum distance of 5 metres behind the adjoining highway. 13. The vehicular access shall constructed to a width of 4.8 metres for a minimum distance of 5 metres behind the highway boundary prior to the first occupation of the dwellings hereby granted permission and thereafter maintained at that width. 14. The 2 metre path link shown on approved drawing no. G(--) 001 Revision A shall be fully laid out, surfaced and drained prior to the first occupation of the dwellings hereby granted permission and thereafter maintained. 15. No private surface water run off shall be permitted to flow from the development site onto the adjoining highway. An Aco drain or similar shall be provided across the approved access to intercept any such run off prior to first use of the development. 16. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re- enacting that Order with or without modification), no gate, fence, wall or other means of enclosure shall be erected, constructed or placed across the access within 5 metres of the highway boundary under Class A, of Schedule 2 Part 2 17. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (as amended) (or any order revoking, re-enacting that Order with or without modification), no further development shall take place under Classes A, B, C, D, E or G of Schedule 2 Part(s) 1 other than the development hereby granted permission. 18. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To provide for a record of a building or buildings of local architectural or historic interest 4. To ensure the works reflect the character and appearance of the building. 5. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 6. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 7. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 8. To ensure that the development fully complies with the appropriate policies and standards. 9. In order to protect wildlife interests, which are afforded special protection. 10. To ensure that the retained trees are adequately protected during development in the interests of amenity. 11. To ensure that adequate visibility is provided at the proposed point of access to the highway. 12. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 13. To ensure the formation of a safe and satisfactory access. 14. In the interests of pedestrian safety. 15. In the interests of highway safety. 16. In the interests of highway safety. 17. In the interests of protecting the character of the buildings and the openness of the countryside. 18. To protect the amenities of the occupiers of nearby properties.

NOTE(S) TO APPLICANT

You should ensure that any difference between the plans approved under the Town and Country Planning Acts and under the Building Regulations is resolved prior to commencement of development, by formal submission of amended plans.

The applicant is advised that compliance with condition no. 18 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300.

Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows: - Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal; - Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke.

To prevent offences under the above named Acts there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information.

The Applicant is advised that under the Environmental Protection Act 1990, dust from construction and/or demolition activities can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that any dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information.

If evidence of storage/spillage of agro-chemicals are found in or around the farm buildings/outbuildings/area, then it would be prudent to investigate the potential for residual contamination. The applicant is advised to contact the Housing and Public Protection Department of the Council on 01978 315733 for further guidance.

Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4 and 5 on the enclosed "Applicants' Rights and General Information".

The proposed development lies within an area which could be subject to current coal mining or hazards resulting from past coal mining. Such hazards may currently exist, be caused as a result of the proposed development, or occur at some time in the future. These hazards include:

· Collapse of shallow coal mine workings. · Collapse of, or risk of entry into, mine entries (shafts and adits). · Gas emissions from coal mines including methane and carbon dioxide. · Spontaneous combustion or ignition of coal which may lead to underground Page No 43

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 heatings and production of carbon monoxide. · Transmission of gases into adjacent properties from underground sources through ground fractures. · Coal mining subsidence. · Water emissions from coal mine workings.

Applicants must take account of these hazards which could affect stability, health & safety, or cause adverse environmental impacts during the carrying out their proposals and must seek specialist advice where required. Additional hazards or stability issues may arise from development on or adjacent to restored opencast sites or quarries and former colliery spoil tips.

Potential hazards or impacts may not necessarily be confined to the development site, and Applicants must take advice and introduce appropriate measures to address risks both within and beyond the development site. As an example the stabilisation of shallow coal workings by grouting may affect, block or divert underground pathways for water or gas.

In coal mining areas there is the potential for existing property and new development to be affected by mine gases, and this must be considered by each developer. Gas prevention measures must be adopted during construction where there is such a risk. The investigation of sites through drilling alone has the potential to displace underground gases or in certain situations may create carbon monoxide where air flush drilling is adopted.

Any intrusive activities which intersect, disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) require the prior written permission of the Coal Authority. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes.

Failure to obtain Coal Authority permission for such activities is trespass, with the potential for court action. In the interests of public safety the Coal Authority is concerned that risks specific to the nature of coal and coal mine workings are identified and mitigated.

The above advice applies to the site of your proposal and the surrounding vicinity. You must obtain property specific summary information on any past, current and proposed surface and underground coal mining activity, and other ground stability information in order to make an assessment of the risks. This can be obtained from The Coal Authority's Property Search Service on 0845 762 6848 or at www.groundstability.com

RECOMMENDATION C

That if the Obligation pursuant to Section 106 of the Town and Country Planning Act 1990 is not completed within six months of the date of the Page No 44

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

Committee resolution the Head of Community Wellbeing and Development be given delegated authority to refuse the application for the following reasons:-

1 Inadequate provision has been made towards the provision of additional infrastructure. Without this additional provision, existing infrastructure does not have sufficient capacity to cater for the development. As such the development does not accord with policy GDP2 of the Wrexham Unitary Development Plan.

______Page No 45

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0434 THE GARAGE LLANGOLLEN ROAD 21/06/2013 WREXHAM LL14 3RS COMMUNITY: CASE OFFICER: DESCRIPTION: MP ERECTION OF 3 NO. DWELLINGS

WARD: APPLICANT(S) NAME: AGENT NAME: Cefn MR M JONES BLUEPRINT ARCHITECTURAL SERVICES LTD MR D EDWARDS ______

THE SITE

Application site

PROPOSAL

As above. The development will comprise of one two storey dwelling fronting onto Llangollen Road with two further two storey dwellings located behind. Detached garages adjacent to the eastern boundary of the site will also be provided for the latter.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

HISTORY

None.

DEVELOPMENT PLAN

Within settlement and Pontcysyllte World Heritage Buffer Zone. Policies GDP1, EC11, H2 and T8 apply.

CONSULTATIONS

Community Council: Consulted 27.6.13 Local Member: Notified 27.6.13 Highways: Have the following comments: - both access to the site are marginally short of required visibility but the development will result in a significant reduction in traffic over the existing use, it is considered the proposals will be beneficial to highway safety; - both accesses are wide enough for their proposed use; - the driveway leading to the rear plots is wide enough to allow vehicles to manoeuvre into the parking spaces and turn in order to leave the site in a forward direction; - a new footway should be constructed across the site frontage; - splays to ensure adequate visibility of pedestrians should be provided; - recommend planning conditions. Public Protection: Recommends conditions requiring remediation of any site contamination and measures to limit the impact of development works. NRW: No objection. Recommends condition requiring contamination remediation. HSE: Does not advise against the granting of permission. Site Notice: Expired 31.7.13 Other Representations: 4 representations expressing the following concerns: - privacy; - potential loss of views; - loss of light; - potential damage and disruption during construction works; - need to remove petrol tanks under the site; - contamination from previous use; Page No 47

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

- potential disruption to rights of way across and adjoining the site; - proposed garages placed over foul drainage pipes and water pipes and will disrupt them; - potential flooding; - the area was not disused until garages were demolished. These were a major part of local facilities and were closed down forcefully with no regards to long term contacts people had and the parking removed from local tenants.

SPECIAL CONSIDERATIONS

Policy: The site is not allocated for any specific use therefore in accordance with policy H2 residential development is acceptable in principle provided it is appropriate in terms of design, parking, access and residential amenity.

I do not consider policy S9 (Loss of Local Facilities) to be applicable in this instance. The policy seeks to protect small shops, public houses and banks located outside district shopping centres. Neither the policy nor relevant supporting paragraphs of the UDP suggest that it seeks to protect garages.

Amenity:

Dwelling fronting Llangollen Road

The proposed dwelling will be around 13m from 1 & 2 Pretoria Villas directly opposite. Whilst being much closer than LPG21 advises the proposed development will not result in any loss of privacy. The front rooms of 1 & 2 Pretoria Villas are already overlooked to a significant extent by existing dwellings and by pedestrians and vehicles passing along Llangollen Road.

The front windows of Glencroft immediately to the west of the site face the side elevation of the existing garage building, the forecourt of the garage and an access leading to the rear of the application site. The forecourt is covered by an open sided canopy and had operational petrol pumps in it until comparatively recently. Although these have been removed, the use of the site as a garage/filling station could resume without the need for planning permission.

Whilst not complying with the separation distances recommended by LPG21 the proposed dwelling will not have a significantly greater impact than the existing garage building and forecourt canopy. Furthermore the cessation of the existing commercial use will result in a considerable reduction in noise and disturbance and consequently a significant improvement in the standard of amenity afforded the occupiers of Glencroft.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

Dwellings at the rear of the site.

The separation distances to other nearby dwellings accords with LPG21 advice.

Overlooking of the gardens of nearby properties will be no worse than is generally the case within an urban environment and will not unacceptably compromising existing standards of amenity.

Design: The dwelling fronting Llangollen Road will be broadly reflect other two storey dwellings in the vicinity in terms of scale, design and set back from the highway. The development will improve the appearance of the site frontage and wider street scene.

The two dwellings at the rear of the site will not be readily visible from public vantage points. Nevertheless their design is acceptable and will improve the appearance of this part of the site.

The development will not impact directly upon the World Heritage Site due to its relatively small scale and distance from it. Nevertheless the application site is located on one of the key routes leading to the World Heritage Site. By improving the appearance of the site the impression visitors to the area get when travelling to/from the World Heritage Site will also improve.

Access and parking: Whilst visibility at the site access is slightly substandard the development will result in a reduction in the number of vehicles entering and leaving the site thus being beneficial to highway safety.

The provision of a footway across the site frontage in place of the existing dropped kerbs will be of benefit to pedestrian safety and will be required by condition.

Each dwelling will be provided with 2 parking spaces compared to the LPG16 maximum of 3. The site is well located with Llangollen Road being served by regular buses to/from Wrexham. Regular buses between Wrexham, Cefn and Oswestry also pass along King Street approximately 150 metres from the site. As such the on-site parking provision is acceptable in this instance.

Contamination: Due to its previous use the site may well have been contaminated. There are also underground fuel tanks that will also need to be removed. These are not matters that prevent permission being granted but it will be necessary to impose conditions requiring a remediation strategy to be submitted and implemented.

Private Rights of Way: The occupiers of Glen Lea to the south of the site benefit a right of access over the site. Ensuring existing private rights of way are protected both during and after the development has been carried out is outside of the scope of planning control. Nevertheless the submitted plans Page No 49

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 show that the development, once completed, will not impede access to/from Glen Lea.

Services: Granting of planning permission does not give a developer any right to build over or interfere with any private or public services such as water pipes or foul drains. If any of the proposed buildings are in the vicinity of existing services a developer will need to obtain an agreement to build over or divert them. This is a matter outside of the scope of planning control.

Flooding: I note concern has been expressed about the site having previously flooded however the proposed development is unlikely to increase the risk of flooding in the vicinity. Adequate provision of drainage will need to be made by the developments and a condition requiring the submission and implementation of a scheme to deal with surface water will be imposed.

Damage to adjacent property: This is a matter outside of the scope of planning control. It is the developer’s responsibility to have regard to adjoining properties when working on site. If damage does occur it is a civil matter for those affected to pursue privately.

Conclusion: The proposed development will improve the overall appearance of the site, be of benefit to the amenity of occupiers of nearby properties and to highway safety. As such it accords with the relevant UDP policies.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 3. Each new dwelling hereby permitted shall be constructed to achieve a minimum Code for Sustainable Homes Level 3 and achieve a minimum of 1 credit under category 'Ene1 - Dwelling Emission Rate' in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3. The development shall be carried out entirely in accordance with the approved assessment and certification 4. Construction of any dwelling hereby permitted shall not begin until an 'Interim Certificate' has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been achieved for that individual dwelling or house type in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3. 5. Prior to the occupation of the individual dwelling hereby permitted, a Code for Sustainable Homes 'Final Certificate'' shall be submitted to the Local Planning Authority certifying that a minimum Code for Sustainable Homes Page No 50

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been achieved for that dwelling in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3. 6. No part of the development shall commence until a scheme to deal with potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include a phased investigation approach to identify the extent of contamination and any measures required to remediate the site, including post-development monitoring. 7. No part of the development shall be occupied until a Verification Report which demonstrates that the remedial works approved as part of condition no. 06 above have been satisfactorily carried out, has been submitted to and approved in writing by the Local Planning Authority. 8. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site. 9. No part of the development shall commence until a scheme for the comprehensive and integrated drainage of the site indicating provision for foul water, surface water and land drainage has been submitted to and approved in writing by the Local Planning Authority. Prior to the submission of those details, an assessment shall be carried out into the potential for disposing of surface water by means of Sustainable urban Drainage Systems (SuDS) in accordance with the principles of sustainable drainage systems set out in Technical Advice Note 15: Development and Flood Risk, and the results of the assessment shall be submitted in writing to the Local Planning Authority. Where a SuDS scheme is to be implemented, the submitted details shall: i) Provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of receiving ground water and/or surface waters; ii) Specify the responsibilities of each party for the implementation of the SuDS scheme, together with a timetable for that implementation; and, iii) Provide a timescale for implementation, management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. 10. The site shall be developed in accordance with the ground and / or floor levels indicated on the approved plans. No changes to floor levels or external ground levels shall be made without the prior written approval of the Local Planning Authority. 11. Prior to first use of the development hereby approved a pedestrian visibility splay shall be established measured from the centreline of the vehicular access 2.4 metres back from the back edge of the footway to points 3.3 metres either side measured along the back edge of the footway. Within these splays there shall be no obstruction in excess of 0.6 metres in height above the level of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 12. Nothing in excess of 0.6m in height shall be plated, allowed to grow or be erected within 2.4 metres of the nearside edged of the adjoining Page No 51

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 carriageway along the entire length of the site frontage. This area shall be cleared of any such obstruction prior to the first occupation of the dwellings hereby granted permission and thereafter permanently retained free of any such obstruction. 13. Prior to first occupation of the dwellings hereby granted permission, both vehicular accesses from/onto Llangollen Road shall be surfaced with hard bound materials (e.g. bituminous macadam) for a minimum distance of 5 metres behind the adjoining highway. 14. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, re- enacting that Order with or without modification), no gate, fence, wall or other means of enclosure shall be erected, constructed or placed across the either of the accesses from/onto Llangollen Road within 5 metres of the highway boundary under Class A, of Schedule 2 Part 2. 15. The vehicular parking and turning areas as shown on approved drawing(s) No(s). F016/005 Revision C shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of vehicles at all times. 16. Prior to first use of the development a 2.0m wide footway shall be constructed along the entire site frontage in strict accordance with a scheme which has been submitted to and approved in writing by the Local Planning Authority. 17. No private surface water run off shall be permitted to flow from the development site onto the adjoining highway. An Aco drain or similar shall be provided across the approved access to intercept any such run off prior to first use of the development. 18. The landscaping scheme approved as part of this application shall be fully implemented in strict accordance with approved drawing no. F016/005 Revision C within three months of the first use of the development with the exception of soft landscaping which shall be carried out in the first planting season (November to March) or seeding season (April to September) following the first use. 19. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales Edition 5 (2012) ) 4. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales Edition 5 (2012) ) 5. To comply with the requirements for sustainable buildings published by Page No 52

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 the Welsh Government (Planning Policy Wales Edition 5 (2012) ) 6. In the interests of the amenities of the future occupants of the buildings 7. In the interests of the amenities of the future occupants of the buildings 8. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. 9. To ensure satisfactory drainage of the site and to avoid flooding. 10. To ensure that the development fully complies with the appropriate policies and standards. 11. To ensure that adequate visibility is provided at the proposed point of access to the highway. 12. To ensure that adequate visibility is provided at the proposed point of access to the highway. 13. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 14. In the interest of the free and safe movement of traffic on the adjacent highway and to ensure the formation of a safe and satisfactory access. 15. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 16. In the interests of pedestrian safety. 17. In the interests of highway safety. 18. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 19. To protect the amenities of the occupiers of nearby properties.

NOTE(S) TO APPLICANT

You should ensure that any difference between the plans approved under the Town and Country Planning Acts and under the Building Regulations is resolved prior to commencement of development, by formal submission of amended plans.

The applicant is advised that compliance with condition no. 17 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate.

The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows: - Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal; - Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke.

To prevent offences under the above named Acts there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information.

The Applicant is advised that under the Environmental Protection Act 1990, dust from construction and/or demolition activities can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that any dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information.

The permission does not authorise the alteration of or interference with any private rights of way or rights of access that there may be across the site. There may be public sewers, lateral drains or services to other properties crossing the site. The planning permission hereby granted does not authorise any building over, diversion, connection or their interference with any sewer, public or private, which crosses the site. You are advised to contact Welsh Water, Developer Services on 0800 917 2652 or [email protected] prior to undertaking any groundwork in connection with the development to determine if the development will affect any drain or sewer. Should you be required to depart from the details hereby approved, you should contact the Council's planning department to seek further advice before proceeding with the development.

Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4 and 5 on the enclosed "Applicants' Rights and General Information".

The proposed development lies within an area which could be subject to current coal mining or hazards resulting from past coal mining. Such hazards may currently exist, be caused as a result of the proposed development, or occur at some time in the future. These hazards include:

· Collapse of shallow coal mine workings. · Collapse of, or risk of entry into, mine entries (shafts and adits). · Gas emissions from coal mines including methane and carbon dioxide. · Spontaneous combustion or ignition of coal which may lead to underground Page No 54

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 heatings and production of carbon monoxide. · Transmission of gases into adjacent properties from underground sources through ground fractures. · Coal mining subsidence. · Water emissions from coal mine workings.

Applicants must take account of these hazards which could affect stability, health & safety, or cause adverse environmental impacts during the carrying out their proposals and must seek specialist advice where required. Additional hazards or stability issues may arise from development on or adjacent to restored opencast sites or quarries and former colliery spoil tips.

Potential hazards or impacts may not necessarily be confined to the development site, and Applicants must take advice and introduce appropriate measures to address risks both within and beyond the development site. As an example the stabilisation of shallow coal workings by grouting may affect, block or divert underground pathways for water or gas.

In coal mining areas there is the potential for existing property and new development to be affected by mine gases, and this must be considered by each developer. Gas prevention measures must be adopted during construction where there is such a risk. The investigation of sites through drilling alone has the potential to displace underground gases or in certain situations may create carbon monoxide where air flush drilling is adopted.

Any intrusive activities which intersect, disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) require the prior written permission of the Coal Authority. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes.

Failure to obtain Coal Authority permission for such activities is trespass, with the potential for court action. In the interests of public safety the Coal Authority is concerned that risks specific to the nature of coal and coal mine workings are identified and mitigated.

The above advice applies to the site of your proposal and the surrounding vicinity. You must obtain property specific summary information on any past, current and proposed surface and underground coal mining activity, and other ground stability information in order to make an assessment of the risks. This can be obtained from The Coal Authority's Property Search Service on 0845 762 6848 or at www.groundstability.com ______Page No 55

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0444 1 TO 3 BARNFELDE COTTAGES 27/06/2013 BURTON ROAD WREXHAM COMMUNITY: LL12 0HY CASE OFFICER: Rossett SEH DESCRIPTION: DEMOLITION OF EXISTING WARD: COTTAGES AND OUTBUILDINGS AGENT NAME: Rossett AND ERECTION OF REPLACEMENT TIM BRIDLE DWELLING

APPLICANT(S) NAME: MISS CATH DAVIES ______

THE SITE

Application site

PROPOSAL

As above.

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HISTORY

P/2012/0544 Extension to dwelling Granted 15/10/2012

DEVELOPMENT PLAN

Within defined settlement limit. Policies GDP1, H2 and T8 apply. Local Planning Guidance Notes Nos. 16 ‘Parking Standards’ and 21 ‘Space around Dwellings’ are also relevant.

CONSULTATIONS

Community Council: Consulted 1.7.13 Local Member: Notified 1.7.13 Public Protection: Recommend condition and notes requiring measures to limit the impact of demolition and construction works. Highways: Recommend condition requiring proposed parking area to be laid out prior to occupation and retained thereafter. NRW: No objection CPAT: Request conditions requiring a photographic survey and an archaeological watching brief. Site Notice: Expired 23.7.13 Other Representations: 1 objection expressing the following concerns: - loss of privacy; - overdevelopment of the plot; - access problems during construction; - noise and nuisance during construction; 2 representations broadly supportive of the proposals but expressing the following concerns; - nuisance during construction; - access problems during construction; - drainage.

SPECIAL CONSIDERATIONS

Policy: Policy H2 permits residential development on unallocated sites within settlements. Whilst it does not specifically deal with replacement dwellings it does not distinguish between vacant sites and sites occupied by existing buildings. The proposals are therefore in accordance with the policy.

Design: The existing building has some architectural merit but is not listed nor is it within a Conservation Area, and so is not accorded any specific protection. A detailed photographic survey will be required by condition to ensure there is an adequate record of the building.

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The scale, form and appearance of the proposed dwelling is acceptable and sympathetic to it semi-rural surroundings. The proposed design of the dwelling would represent a significant improvement to the recently approved extension. Due to its proportions and window positioning it would also have less impact upon neighbouring properties.

Amenity: The development accords with LPGN 21 and as such will not prejudice the standard of amenity afforded to occupiers of nearby properties.

I appreciate the concerns of nearby occupiers with regards to potential nuisance, disruption and access problems during construction works. These works will take place for a relatively short period of time and provided they are carried out with full regard to the amenity of nearby occupiers should not provide unduly disruptive. An appropriate condition and advisory notes will be attached to the permission.

Parking: Adequate provision is made for off-street parking. A condition will be attached to ensure that the parking is provided and retained in perpetuity.

Conclusion: The development accords with the relevant UDP policies and I recommend accordingly.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 3. Each new dwelling hereby permitted shall be constructed to achieve a minimum Code for Sustainable Homes Level 3 and achieve a minimum of 1 credit under category 'Ene1 - Dwelling Emission Rate' in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3. The development shall be carried out entirely in accordance with the approved assessment and certification 4. Construction of any dwelling hereby permitted shall not begin until an 'Interim Certificate' has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been achieved for that individual dwelling or house type in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3. 5. Prior to the occupation of the individual dwelling hereby permitted, a Code for Sustainable Homes 'Final Certificate'' shall be submitted to the Local Planning Authority certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been achieved for that dwelling in accordance with the requirements of the Page No 58

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

Code for Sustainable Homes: Technical Guide Version 3. 6. No works shall commence until an appropriate photographic survey of the existing buildings on the site has been carried out in accordance with details to be submitted to and approved in writing by the Local Planning Authority. The resulting digital photographs should be forwarded on a CD or DVD to the Local Planning Authority, and the Development Control Archaeologist at Clwyd-Powys Archaeological Trust, 41 Broad Street, Welshpool, Powys, SY21 7RR (Tele no. 01938 553670). 7. No development / works shall commence until the applicant has secured the maintenance of an on-site watching brief by a suitably qualified archaeologist during construction works in accordance with details which have been submitted to and approved in writing by the Local Planning Authority. In the event of the discovery of important archaeological features outside of the scope of the watching brief, all works shall cease until otherwise advised in writing by the Local Planning Authority. 8. Prior to their installation on the building, drawings to scale 1:5 and 1:20 fully detailing all new or replacement windows and doors shall be submitted to and approved in writing by the Local Planning Authority. The details shall fully describe the proposed materials, decorative/protective finishes, cross sections for glazing bars, sills, heads etc, method of opening and glazing type. The works shall only be carried out in strict accordance with such details as are approved. 9. The vehicular parking and turning areas as shown on approved drawing(s) No(s). 1302-02 shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of vehicles at all times. 10. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales Edition 5 (2012) ) 4. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales Edition 5 (2012) ) 5. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales Edition 5 (2012) ) 6. To provide for a record of a building or buildings of local architectural or historic interest 7. The site contains archaeological remains which it is essential should be protected from damage. 8. To ensure a satisfactory standard of appearance of the development in Page No 59

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 the interests of the visual amenities of the area. 9. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 10. To protect the amenities of the occupiers of nearby properties.

NOTE(S) TO APPLICANT

You should ensure that any difference between the plans approved under the Town and Country Planning Acts and under the Building Regulations is resolved prior to commencement of development, by formal submission of amended plans.

The applicant is advised that compliance with condition no. 10 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate.

The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300.

Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows: - Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal; - Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke.

To prevent offences under the above named Acts there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information.

The Applicant is advised that under the Environmental Protection Act 1990, dust from construction and/or demolition activities can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that any dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on Page No 60

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

01978 315300 for further advice and information.

The proposed development lies within an area which could be subject to current coal mining or hazards resulting from past coal mining. Such hazards may currently exist, be caused as a result of the proposed development, or occur at some time in the future. These hazards include:

· Collapse of shallow coal mine workings. · Collapse of, or risk of entry into, mine entries (shafts and adits). · Gas emissions from coal mines including methane and carbon dioxide. · Spontaneous combustion or ignition of coal which may lead to underground heatings and production of carbon monoxide. · Transmission of gases into adjacent properties from underground sources through ground fractures. · Coal mining subsidence. · Water emissions from coal mine workings.

Applicants must take account of these hazards which could affect stability, health & safety, or cause adverse environmental impacts during the carrying out their proposals and must seek specialist advice where required. Additional hazards or stability issues may arise from development on or adjacent to restored opencast sites or quarries and former colliery spoil tips.

Potential hazards or impacts may not necessarily be confined to the development site, and Applicants must take advice and introduce appropriate measures to address risks both within and beyond the development site. As an example the stabilisation of shallow coal workings by grouting may affect, block or divert underground pathways for water or gas.

In coal mining areas there is the potential for existing property and new development to be affected by mine gases, and this must be considered by each developer. Gas prevention measures must be adopted during construction where there is such a risk. The investigation of sites through drilling alone has the potential to displace underground gases or in certain situations may create carbon monoxide where air flush drilling is adopted.

Any intrusive activities which intersect, disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) require the prior written permission of the Coal Authority. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes.

Failure to obtain Coal Authority permission for such activities is trespass, with the potential for court action. In the interests of public safety the Coal Authority is concerned that risks specific to the nature of coal and coal mine workings are identified and mitigated.

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The above advice applies to the site of your proposal and the surrounding vicinity. You must obtain property specific summary information on any past, current and proposed surface and underground coal mining activity, and other ground stability information in order to make an assessment of the risks. This can be obtained from The Coal Authority's Property Search Service on 0845 762 6848 or at www.groundstability.com

______Page No 62

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0463 4A WILLOW STREET OVERTON 04/07/2013 WREXHAM LL13 0EA COMMUNITY: CASE OFFICER: Overton DESCRIPTION: MP EXTENSION AND ALTERATIONS TO THE EXISTING GARAGE TO WARD: CREATE NEW KITCHEN AND AGENT NAME: DINING ROOM. FIRST FLOOR JPH ARCHITECTS EXTENSION TO CREATE MR JOHN HORDEN ADDITIONAL BEDROOM AND BATHROOM. REMOVAL OF THE EXISTING BALCONY AND FIRST FLOOR EXTENSION TO RATIONALIZE THE BUILDING FORM AND INCREASE THE SIZE OF THE EXISTING BEDROOM. INTERNAL RE POSITIONING OF THE STAIRCASE

APPLICANT(S) NAME: MR & MRS JOHN AND ANN HVAAL ______P/2013 /0463 THE SITE

Application site

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

PROPOSAL

As above.

HISTORY

P/2012/0224 Erection of 1 no. dwelling. Refused 14.5.2012 P/2013/0110 Extension to dwelling. Refused 3.4.2013 P/2013/0302 Fell four leylandii (T1, T2, T3, T4) protected by Overton on Dee Conservation Area. No objection. 3.6.2013

DEVELOPMENT PLAN

Within settlement and Overton Conservation Area. Policies GDP1, EC4, EC7 and T8 apply.

CONSULTATIONS

Community Council: No objections. Local Member: Notified 8.7.13. CPAT: No archaeological implications. Site Notice: Expired 2.8.13 Press Notice: Expired 9.8.13 Other Representations: 4 objections expressing the following concerns: - loss of sunlight/daylight; - overlooking/loss of privacy; - over dominate neighbouring properties; - visually intrusive; - extension will over dominate existing house; - conflicts with LPG20; - impact upon Yew tree; - loss of garden space; - inadequate parking; - traffic problems; - vehicles unable to turn within the site; - danger to users of Willow Street; - will all work be carried out within the boundary of the application site; - impact upon archaeology; - impact upon Conservation Area; - extensions larger than previous proposal; - plans not accurate; - conflict with policy and guidance;

SPECIAL CONSIDERATIONS

Background: Permission was refused for an extension to the dwelling earlier this year on the grounds that the proposals would: Page No 64

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

i) harm the appearance of the dwelling and the Overton Conservation Area; ii) adversely impact upon the amenity of the adjoining occupiers (no.4 Willow Street); iii) alterations to the driveway would potentially adversely impact upon trees adjacent to the site frontage.

The proposals have been amended to address i) and ii). The main changes are a reduction in the width of the side extension by 1m, replacement of the existing balcony by an enclosed gable and the first floor rear extension will be stepped in by 1.8m from the boundary with no.4 Willow Street. The design of the extensions has also been amended to better reflect the character of the existing dwelling.

The Council did not object to the applicants notice to remove three trees adjacent to the site frontage thus partially addressing iii). There is a Yew tree close to the front of the site that is to be retained and I will consider the potential impacts upon this tree in more detail below.

Design: The two storey side extension will be clearly subsidiary to and in keeping with the main dwelling and will not unduly impact upon the wider street scene. Replacing the existing first floor with an enclosed gable will enhance the appearance of the dwelling. Both extensions preserve character of the wider Conservation Area.

Amenity: I will consider the impact of the development in respect of the adjoining dwelling, no.4 Willow Street, the dwelling immediately to the north, no.7 Willow Street and the dwelling immediately opposite, no.5 Willow Street.

No.4 Willow Street

The development will not unacceptably reduce the amount of daylight received by habitable rooms of this property.

LPG20 advises that first floor extensions should be 2 metres from the boundary of an adjacent/adjoining dwelling. Whilst the extension will be marginally closer, the outlook from the rear of no.4 is already dominated by the existing dwelling which projects nearly 8 metres beyond the rear elevation of no.4 with the first 3.5 metres being two storeys. Taking this into account I am satisfied the proposals will not prove over bearing.

No.7 Willow Street

There will be two new obscure glazed first floor windows facing towards no.7 serving a bathroom and an en-suite. As neither serve habitable rooms they will not reduce the standard of privacy afforded to the occupiers of no.7

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No.7 has two side windows that directly face the application site – one at ground floor and one a first floor. The distance to the extension will be less than LPG20 advices but both are secondary windows. Consequently the proposals will not prove overbearing or result in unacceptable loss of light.

Any impact arising from the extension will be limited to a relatively small part of the sizeable side and rear garden of no.7 thus not prejudicing the use or enjoyment of it.

No.5 Willow Street

The enclosure of the existing balcony will not prove overbearing to or result in significant loss of light from no.5.

A new first floor window installed in the existing front elevation of the application site will directly face no.5. Whilst the separation distance between the two properties is nearly half of LPG20 advice, no.5 face is already overlooked by the public highway, existing windows of both no.4 and no.4a as well as the existing balcony of no.4a. The proposed window will not unacceptably increase overlooking.

Access and Parking: The existing 2 bedroom property has 2 parking spaces, no provision for turning and is served by an access that suffers from poor visibility to the west.

Whilst the development will provide an additional bedroom and parking space, at worst this only likely to give rise to a nominal increase in the amount of traffic entering/leaving the site. It will be possible for vehicles to turn within the site before leaving the new parking area thus it will be far less likely that vehicles will be reversing onto Willow Street. The proposals accord with LPG16 and on balance will improve highway safety.

The works to extend to the parking area will involve the lowing of the existing ground levels and the laying of a hard surface. The additional hard surfaced area will not be particularly prominent due to the enclosure of the site by a hedge. As such it will not harm the street scene and will preserve the character of the Conservation Area.

Trees: The extensions themselves will not impact upon the Yew tree however the works to extend the parking area will be carried out close to it. An Arboricultural Method Statement has been submitted demonstrating the works will take place outside the root protection area of the tree. Subject to conditions requiring protective fencing and measures being in place for the duration of the development I am satisfied there will be no adverse impact upon the tree.

Archaeology: In light of the advice received from the Clwyd Powys Archaeological Trust I am satisfied that the proposed development is unlikely to adversely impact upon any archaeological remains. Page No 66

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Representations: There are some concerns raised by the objectors that I have not already addressed above:

Size of garden retained by no.4a

Should the development be carried out no.4a will retain an adequately sized private garden of around 170 square metres.

Works being carried out entirely within the curtilage of no.4a

The granting of planning permission does not give the applicants or their building contractors any rights to access adjoining properties in order to carry out the proposed development. Should access be required this is a matter for the applicants and their neighbours to discuss privately.

Conclusion: The development accords with policies GDP1, EC4, EC7 and T8.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. No facing or roofing materials shall be used other than materials matching those used on the existing building. 3. No new or replacement windows shall be installed other than those shown on approved drawing no. P02 revision G. 4. The vehicular parking and turning areas as shown on approved drawing(s) No(s). P04 Revision B shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of vehicles at all times. 5. The development shall be carried out in strict accordance with the Tree Solutions Arboricultural Method Statement reference: 13/AMS/WXM/122 Revision A dated 19 September 2013. 6. No equipment, machinery, plant or materials of any kind in connection with the development shall be brought onto the site until tree protection fencing measures have been fully implemented. The fencing shall consist of a scaffold framework in accordance with Figure 2 of British Standard 5837:2012 comprising a vertical and horizontal framework, well braced to resist impacts, with vertical tubes spaced at a maximum interval of 3 metres. Onto this, 2.1 metre weldmesh panels shall be securely fixed with non-tamper proof clamps. This fencing shall be erected at the extent of each tree(s) Root Protection Area, as shown on the Tree Protection Plan Ref. 13/AIA/WXM/122 Drawing No. 1 Revision A of the Arboricultural Method Statement referred to in condition 05. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall Page No 67

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 not be altered, nor shall any excavations be made. 7. The tree protection fencing and ground protection measures approved in connection with condition no. 06 shall be kept in place until all external site works have been completed and the removal of the fencing has been approved in writing by the Local Planning Authority. 8. The following activities should not be carried out under any circumstances: 1)No fires should be lit within 10 metres of the nearest point of the canopy of any retained tree. 2)No works, including earth works and the bringing onto site of machinery or materials shall proceed until the approved tree protection measures are put in place, with the exception of the approved tree works. 3)No equipment, signage, fencing, tree protection barriers, materials, components, vehicles or structures shall be attached to or supported by a retained tree. 4) No mixing of cement or use of other materials or substances shall take place within tree root protection areas or tree construction exclusion zones, or close enough to these that seepage or displacement of those materials or substances could cause them to enter tree root protection areas or tree construction exclusion zones. 5) No alterations or variations to the approved works or tree protection schemes shall be carried out without the prior written approval of the Local Planning Authority. 9. No part of the development shall commence until full details for the arboricultural supervision of tree protection measures and any ground works within retained tree(s) Root Protection Areas, as specified by BS5837:2005 or as shown on a Tree Protection Plan have been submitted to and approved in writing by the Local Planning Authority. The supervisory works shall be carried out in strict accordance with the details as approved.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 4. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 5. To protect trees which are of significant amenity value to the area. 6. To ensure that the retained trees are adequately protected during development in the interests of amenity. 7. To ensure that the retained trees are adequately protected during development in the interests of amenity. 8. To ensure that hard surfacing does not cause harm to retained trees in the interests of visual amenity. 9. To protect trees which are of significant amenity value to the area. Page No 68

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NOTE(S) TO APPLICANT

You should ensure that any difference between the plans approved under the Town and Country Planning Acts and under the Building Regulations is resolved prior to commencement of development, by formal submission of amended plans. ______Page No 69

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0465 LAND NORTH OF 8 GRANGO LANE 04/07/2013 PONCIAU WREXHAM LL14 1ER COMMUNITY: CASE OFFICER: Rhos DESCRIPTION: SEH ERECTION OF DWELLING ON PLOT 2 WARD: AGENT NAME: Ponciau APPLICANT(S) NAME: CULLIS Miss AMY WALTERS ARCHITECTURAL DESIGN MR SPENCER CULLIS ______

THE SITE

Application Site (P/2006/0960 and P/2012/0364) Permission previously granted for 4 no. dwellings P/2009/0578 Permission for 3 no. dwellings not yet implemented P/2005/0188 Permission for 1 no. dwelling

Proposed road improvements P/2009/1003 Permission for 1 no. dwelling not yet P/2002/1336 implemented Permission for 1 no. dwelling

PROPOSAL

Amended house design.

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RELEVANT HISTORY

P/2002/1336 Erection of dwelling with integral garage, Granted construction of new vehicular & pedestrian 27/01/2003 access & alteration to existing vehicular & pedestrian access. P/2005/0188 Erection of dwelling with integral garage, Granted construction of new vehicular & pedestrian 06/01/2006 access & alteration to existing vehicular & pedestrian access. P/2006/0960 Erection of 4 no. two storey detached 4 Granted bedroom dwellings with integral garage. 06/11/2006 Construction of new access and footpath from existing road. P/2008/1182 Outline application for the erection of 1no. Granted detached four bedroom, two storey dwelling 05/01/2009 with separate garage and construction of private drive from adoptable road. (superseded by P/2009/0578 3 no. dwellings) P/2009/0578 Outline application for the erection of 3 no. Granted detached four bedroom, two storey dwelling 07/09/2009 with separate garage and construction of private drive from adoptable road. P/2009/1003 Outline application for the erection of 1 no. Granted detached four bedroom, two storey dwelling 01/02/2010 with separate garage and construction of private drive from adoptable road. P/2010/0314 Outline application for the erection of 1 no. Refused detached dwelling with separate garage and 18/06/2010 construction of private drive from adoptable road. P/2010/0650 Relaxation of Condition No. 14 imposed Application under planning permission no. P/2009/1003 Withdrawn relating to the provision of on site public open space. P/2012/0364 Erection of 4 no. two storey detached 4 Granted bedroom dwellings with integral garage. 02/07/2012 Construction of new access and footpath from existing road.

DEVELOPMENT PLAN

Within defined settlement limit. UDP Policies PS1, PS2, PS3, PS4, GDP1, GDP2, H2, EC4 and T8 apply. Local Planning Guidance Notes Nos. 16 ‘Parking Standards’ and No. 21 ‘Space around Dwellings’ are also relevant.

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CONSULTATIONS

Community Council: Consulted 15/06/2012 Local Members: Notified 15/06/2012 Highways: No objections. Same conditions as those imposed under the previous permission (P/2012/0364) should be attached to this permission. Public Protection: No objections. Same conditions as those imposed under the previous permission (P/2012/0364) should be attached to this permission. Welsh Water: No objections Same conditions as those imposed under the previous permission (P/2012/0364) should be attached to this permission. NRW: No comment other than the standard advice to developers. Site Notice: Expired 01/08/2013 Other representations: One letter of objection received raising the following:  Negative impact upon the character and appearance of the area;  Negative impact upon existing residential amenity;  Increased density of development in an already crowded area;  Overlooking caused by the increased height of the dwellings and use of the roof space leading to a loss of privacy;  Increase in noise, dirt and traffic pollution;  Increased traffic congestion;  Grango Lane and Bank Street are very busy throughout the day, and as Grango Lane cannot be widened it cannot support the additional traffic and pedestrian movements;  Visibility for vehicles leaving Grango Lane is substandard in the ‘uphill’ direction to the east;  Lack of footways locally means that pedestrians cross the road more frequently leading to greater likelihood of conflict with vehicles;  Allowing the development would compound problems of overcrowding, loss of privacy and residential traffic;  Construction traffic will be dangerous.

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SPECIAL CONSIDERATIONS/ ISSUES

Background: Full planning permission was granted in 2006 (P/2006/0960) and then again in 2012 (P/2012/0364) for 4 no. detached four bedroom dwellings. The acceptability of the principle of residential development of this site has already been established and will therefore not be revisited in this report. This application is for amendments to the design of one of the dwellings as previously approved to alter the window design; include a chimney and a single storey enlargement to the rear. The main issue to consider relates to the impact of the re-designed dwelling as proposed upon the visual and residential amenities of the area.

Design and Visual Amenity: The alterations to the previously approved dwelling are minor and related to the detailed design only. The proposed dwelling is appropriate in terms of scale and design and will sit well with the street scene as proposed, making a positive contribution to the character and appearance of the area. The single storey enlargement to the rear will not negatively impact upon the visual amenities of the area, or upon the residential amenities of the occupiers of the proposed adjacent dwellings in terms of loss of light, privacy or restriction of outlook.

Conclusion: I am satisfied that the design of the proposed dwelling is appropriate for the locality and that the amendments to the detailing will introduce some variety within the proposed streetscape. The proposed development will make a positive contribution to the character and appearance of the area and will not adversely impact upon visual or residential amenities locally.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 3. Each new dwelling hereby permitted shall be constructed to achieve a minimum Code for Sustainable Homes Level 3 and achieve a minimum of 1 credit under category 'Ene1 - Dwelling Emission Rate' in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3. The development shall be carried out entirely in accordance with the approved assessment and certification 4. Construction of any dwelling hereby permitted shall not begin until an 'Interim Certificate' has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been Page No 73

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 achieved for that individual dwelling or house type in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3. 5. Prior to the occupation of the individual dwelling hereby permitted, a Code for Sustainable Homes 'Final Certificate'' shall be submitted to the Local Planning Authority certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been achieved for that dwelling in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3. 6. Within three months of commencement of development, full details of a hard and soft landscaping scheme together with a timescale for implementation of works shall be submitted to and approved in writing by the Local Planning Authority. 7. The landscaping scheme submitted and approved in connection with condition no. 6 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved scheme. 8. The landscaping scheme as carried out in connection with condition no. 7 shall be permanently retained. Any planting becoming severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority shall be replaced with trees or shrubs and within a timescale all to be submitted to and approved in writing by the Local Planning Authority. 9. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site. 10. The parking areas as indicated on the approved plan shall be laid out and surfaced prior to first occupation of the development and shall thereafter b retained free of all obstruction and made available for the parking of vehicles at all times. 11. The existing access to Hafan shall be permanently closed as from the date of the formation of the new access, in accordance with a scheme which has been submitted to and approved in writing by the Local Planning Authority in consultation with the highway authority. 12. No part of the development shall commence until the detailed layout, design, drainage and construction of the access road has been submitted to and approved by the Local Planning Authority. The road as is approved shall be completed in all respects in strict accordance with the approved details prior to first use of any dwelling hereby approved. 13. No part of the development shall commence until a scheme to deal with potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include a phased investigation approach to identify the extent of contamination and any measures required to remediate the site, including post-development monitoring. 14. No part of the development shall be occupied until a Verification Report which demonstrates that the remedial works approved as part of condition no. 13 above have been satisfactorily carried out, has been submitted to and approved in writing by the Local Planning Authority. 15. The integral garages to which this permission relates shall not be converted without the written consent of the Local Planning Authority, and Page No 74

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 shall be kept free of all obstruction at all times and made available for the parking of a motor vehicle. 16. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales February 2011 4.11.4) 4. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales February 2011 4.11.4) 5. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales February 2011 4.11.4) 6. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 7. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 8. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 9. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. 10. To provide for adequate off road parking. 11. In the interests of highway safety. 12. To ensure the new highway is constructed to a standard suitable for adoption. 13. In the interests of the amenities of the future occupants of the buildings 14. In the interests of the amenities of the future occupants of the buildings 15. To provide for adequate off road parking. 16. To protect the amenities of the occupiers of nearby properties.

NOTE(S) TO APPLICANT

The scheme of landscaping referred to in the above conditions shall include any changes to ground levels (shown by existing and proposed contours/levels) and any existing vegetation (showing that to be retained) and proposed planting. In addition, any of the following which apply to the particular site must be included:- means of enclosure, car parking layout, access and circulation areas, materials for hard surfaced areas, any minor structures (e.g. refuse stores, lamp columns, play equipment) location of services, and any historic landscape features to be retained/improved. Page No 75

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

Further advice on compliance with condition nos 13 and 14 may be obtained by contacting the Council's Environmental Protection Team on 01978 315733. Should the investigation identify contamination issues that may affect receptors other than the site users e.g. groundwater, then it is recommended that these works are also addressed in consultation with the Housing and Public Protection Department prior to commencement of works on site.

The permission hereby granted does not authorise encroachment upon, or interference with, the adjoining property.

The applicant's attention is drawn to the attached Environment Agency 'Standard Advice', Guidance Note for Developers. The proposed development lies within an area which could be subject to current coal mining or hazards resulting from past coal mining. Such hazards may currently exist, be caused as a result of the proposed development, or occur at some time in the future. These hazards include:

· Collapse of shallow coal mine workings. · Collapse of, or risk of entry into, mine entries (shafts and adits). · Gas emissions from coal mines including methane and carbon dioxide. · Spontaneous combustion or ignition of coal which may lead to underground heatings and production of carbon monoxide. · Transmission of gases into adjacent properties from underground sources through ground fractures. · Coal mining subsidence. · Water emissions from coal mine workings.

Applicants must take account of these hazards which could affect stability, health & safety, or cause adverse environmental impacts during the carrying out their proposals and must seek specialist advice where required. Additional hazards or stability issues may arise from development on or adjacent to restored opencast sites or quarries and former colliery spoil tips.

Potential hazards or impacts may not necessarily be confined to the development site, and Applicants must take advice and introduce appropriate measures to address risks both within and beyond the development site. As an example the stabilisation of shallow coal workings by grouting may affect, block or divert underground pathways for water or gas.

In coal mining areas there is the potential for existing property and new development to be affected by mine gases, and this must be considered by each developer. Gas prevention measures must be adopted during construction where there is such a risk. The investigation of sites through drilling alone has the potential to displace underground gases or in certain situations may create carbon monoxide where air flush drilling is adopted.

Any intrusive activities which intersect, disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) require the prior written Page No 76

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 permission of the Coal Authority. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes.

Failure to obtain Coal Authority permission for such activities is trespass, with the potential for court action. In the interests of public safety the Coal Authority is concerned that risks specific to the nature of coal and coal mine workings are identified and mitigated.

The above advice applies to the site of your proposal and the surrounding vicinity. You must obtain property specific summary information on any past, current and proposed surface and underground coal mining activity, and other ground stability information in order to make an assessment of the risks. This can be obtained from The Coal Authority's Property Search Service on 0845 762 6848 or at www.groundstability.com

The applicant is advised that compliance with condition no. 16 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate.

The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300.

Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows: - Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal; - Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke.

To prevent offences under the above named Acts there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information.

The Applicant is advised that under the Environmental Protection Act 1990, dust from construction and/or demolition activities can be judged to be Page No 77

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that any dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council's Housing and Public Protection Department on 01978 315300 for further advice and information. ______Page No 78

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0515 ATS EUROMASTER MOLD ROAD 17/07/2013 WREXHAM LL11 2AP COMMUNITY: CASE OFFICER: Offa DESCRIPTION: SEH DISPLAY OF SIGNS

WARD: APPLICANT(S) NAME: AGENT NAME: ATS EUROMASTER SPENCER SIGNS LTD TRACY BARWICK ______

THE SITE

Totem Sign

Box Signs

PROPOSAL

As above.

Page No 79

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

HISTORY

14417 New frontage Consent 12/10/1987 14440 Erection of one illuminated fascia Consent 12/10/1987 goal post sign and one illuminated panel sign 18752 Erection of boundary fence (partly in Consent 11/3/1991 retrospect) P/2002/0747 Outline application for residential Withdrawn 17/9/2002 development, small shop/office, car parking, construction of new vehicular and pedestrian access and alteration to existing vehicular and pedestrian access P/2003/0666 Outline application for residential Granted 9/2/2004 development, erection of small shop/office, construction of car parking and vehicular access P/2007/1202 Outline application for demolition f Granted 3/12/2007 existing buildings, residential development, small shop/office, construction of car parking and new vehicular access

DEVELOPMENT PLAN

The site is within settlement. UDP Policies PS2 and GDP1 apply. Local Planning Guidance Note Nos. 21 – Space around Dwellings is also relevant. Also relevant is The Institution of Lighting Engineers Technical Report – Brightness of Illuminated Advertisements.

CONSULTATIONS

Community Council: Object to the size of the totem pole which should not be illuminated and is too wide and tall for this prominent position as it may be a distraction to motorists on this dangerous junction on Mold Rd. There is no objection to the 2 smaller signs on the building providing the illumination is subtle. Local Member: Notified 23.07.2013 Highways: No objections subject to appropriate conditions Site Notice: Expired 14.08.2013 Other representations:  The totem sign will block light to nearby properties;  The totem sign will devalue local residential properties;  Signage will cause light pollution; Page No 80

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

 The signage should be bilingual.

SPECIAL CONSIDERATIONS

Design and residential amenity: Proposed is a Totem sign to the front boundary of the site located within the car park, and two smaller box sign to the front and side elevations of the building. The signage is standard to that of the national branding of the business, ATS.

Whilst there are no objections to the box signs, there are objections to the scale, design and illumination of the proposed Totem sign. The Totem itself will be 5 metres in height and just 1.5 metres wide which is not excessive for this type of signage. The closest residential property is 23 meters away and as such no significant loss of daylight or restriction of outlook would result.

The signage will not have a negative visual impact and the highway authority have raised no objections in terms of highway safety. The illumination will be controlled to ensure that motorists will not suffer any dazzling effects and in order to protect residential amenity and the environment as a whole from light pollution. A condition will also be attached to restrict illumination to opening hours of the premises only.

Other Matters: The Council has no control over the content of private signage and there is no Policy requirement for signage to be bilingual. The impact of the proposal upon property values is not a material planning consideration.

Conclusion: I consider the signage to be appropriate for the location and that no there would be no negative impact upon local residential or visual amenity. The proposal would not be detrimental to highway safety and I recommend accordingly.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. Any advertisements displayed, and any site used for the display of advertisements, shall be maintained in a clean and tidy condition to the reasonable satisfaction of the Local Planning Authority. 2. Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition. 3. Where an advertisement is required under these Regulations to be removed, the removal shall be carried out to the reasonable satisfaction of the Local Planning Authority. 4. No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant such permission. 5. No advertisement shall be sited or displayed so as to obscure, or Page No 81

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 hinder the ready interpretation of, any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any highway, railway, waterway or aerodrome (civil or military). 6. The intensity of illumination emitted from the signs the subject of this consent shall not exceed 600 candelas/sq.m. 7. The advertisements shall not be illuminated outside of the premises opening hours. 8. No light source to any sign(s) hereby granted consent shall be directly visible to drivers of motor vehicles using the adjacent highway.

REASON(S)

1. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 2. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 3. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 4. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 5. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 6. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 7. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 8. In the interests of highway safety. ______Page No 82

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0540 B & Q BERSE ROAD WREXHAM 31/07/2013 LL11 2BH

COMMUNITY: DESCRIPTION: CASE OFFICER: Offa VARIATION OF CONDITION 7 OF MP PLANNING PERMISSION REF 6/11600 TO ALLOW THE DISPLAY WARD: OF SEASONAL GOODS, PRODUCTS AGENT NAME: Brynyffynnon AND MATERIALS TO THE FRONT OF HOW PLANNING THE RETAIL UNIT MR P WILSHAW

APPLICANT(S) NAME: B & Q PROPERTIES ______

THE SITE

Existing display areas Proposed display areas

PROPOSAL

The areas where goods can be displayed for sale externally are limited by planning condition to the area shown on the plan above. The applicant is seeking to vary the condition to allow goods to be displayed in three additional areas.

Page No 83

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

HISTORY

6/7909 Erection of home and garden improvement centre, construction of new vehicular access and pedestrian access and alteration to existing vehicular and pedestrian access. Refused 23.9.81. Allowed on appeal 27.7.82. 6/11600 Proposed retail (non-food) development with garden centre and construction of new vehicular and pedestrian access. Reserved matters approved 27.3.85.

DEVELOPMENT PLAN

Within settlement. Policies PS7, GDP1 and T8 apply.

CONSULTATIONS

Community Council: No objection provided the permission is for seasonal goods, products and materials and not for building materials that could be displayed all year round. Local Member: Notified 2.8.13 Highways: No recommendations. Public Protection: No comments. Site Notice: Expired 27.8.13 Other Representations: 1 letters received expressing the following concerns: i) B & Q have shown they are not very good at complying with planning conditions; ii) The fact that B & Q are only now seeking permission for display of goods after years of doing so must be noted; iii) Display of signs and banners; iv) Display of signs and plant trolleys within the car park; v) Harmful impact upon the residential amenity and character of the area; vi) The DAS states Homebase displays goods at the store entrance. B & Q is in a primarily residential area. Homebase is in a commercial zone; vii) The Homebase garden centre cannot from the car park, where as the B & Q garden centre can; viii) Health and safety- the display areas are either side of the entrance and exit doors and there are parking spaces reserved for family parking next to one of the display areas; 1 letter expressing no objections. Page No 84

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

SPECIAL CONSIDERATIONS

Retail Policy: The UDP has no specific policies dealing with the extensions of existing retail premises that, like the application site, are located outside of the town centre. Nevertheless the broad objective of the UDP retail policies is to direct retail developments to the town centre in order to preserve and enhance it vitality and viability.

The development will result in a relatively modest (80 sq.m) increase the display area. I am confident that this will not have a significant impact upon the viability and viability of the town centre.

Appearance: The display areas are around 30m from the boundary of the site with Berse Road, occupy relatively small area and are immediately adjacent to the main entrance/exit doors of the building. The display areas will not have a significant impact upon the appearance of the site and reflect its character as a large retail unit. The display areas are not easily visible from beyond the site boundary so will not adversely impact upon the character of the surrounding area.

Amenity: The limited size of the display areas and their distance from the nearest houses (around 60 metres) means they will not impact directly upon residential amenity. It is also highly unlikely that the proposals will, by themselves, attract significantly more customers to the site. I am therefore confident the proposals will not give rise to significant additional impacts upon amenity by way of increased traffic or noise.

Parking: There will remain adequate parking provision within the site.

Safety: The proposals do not intrude upon or prevent easy pedestrian movement to and from the building. Ensuring that goods are displayed in a manner that does not present a risk to customer or safe safety is outside of the scope of planning control.

Conclusion: The development accords with the relevant UDP policies.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. Notwithstanding the provisions of Class A1 of the Town and Country Planning (Use Classes) Order 1987 (or any statutory instrument revoking and re-enacting that Order with or without amendment), no part of the site subject to this permission shall be used for the sale of foodstuffs and provisions, including frozen goods, confectionary, clothing, drapery and fashion wear, wines and spirits, jewellery, tobacco and footwear. 2. All existing areas used for parking, turning and for the loading and unloading of service vehicles shall be permenantly retained and kept free of Page No 85

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 any obstruction and made available solely for those purposes at all times. 3. No goods or materials shall be stored or displayed in the open air except in the locations edged green and blue on the approved plan. 4. Visibility splays of 4.5 metres x 70 metres shall be permenantly maintained in both directions from the site access onto Berse Road as measured to the nearside edge of the carriageway. Within the splays there shall no obstruction to visibility in excess of 1 metre in height above the level of nearside edge of the carriageway of Berse Road.

REASON(S)

1. In the interests of protecting the vitality and viability of Wrexham Town centre. 2. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 4. To ensure that adequate visibility is provided at the proposed point of access to the highway. ______Page No 86

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0552 LAND ADJOINING 7 PEARSON 05/08/2013 STREET WREXHAM COMMUNITY: LL14 1DE CASE OFFICER: Rhos PF DESCRIPTION: OUTLINE APPLICATION FOR THE WARD: ERECTION OF ONE DWELLING AGENT NAME: Ponciau BLUEPRINT APPLICANT(S) NAME: ARCHITECTURAL MR S JONES SERVICES LTD MR DAFYDD EDWARDS ______P/2013 /0552 THE SITE

No. 7 Pearson Street

Application site No. 16 New Street

PROPOSAL

The application site consists of a vacant parcel of land within the centre of Rhos and measures approximately 375 square metres. Outline planning permission is sought for residential development of the site with all matters apart from access reserved for future approval. The application is accompanied by a general layout plan as required by law. Whilst approval of the access is sought at this stage, the detail relating to the position of the Page No 87

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 dwelling, its maximum proposed height and associated landscaping is purely illustrative at this stage.

HISTORY

No history.

DEVELOPMENT PLAN

The site is within settlement and the land is not annotated for any specific development purpose in the current development plan. Policies PS1, PS2, GDP1, EC4, H2 and T8 are relevant. Local Planning Guidance Notes 16 – Parking Standards, 21 – Space Around Dwellings and 30 – Design are also relevant.

CONSULTATIONS

Community Council: Consulted 06.08.2013 Local Members: Notified 06.08.2013 Site notice: Expired 02.09.2013 Highways: No objection subject to conditions. Welsh Water: Recommend standard drainage conditions Natural Resources Wales: Recommend conditions for the submission of RAMs scheme in relation to proximity of Johnstown newt site SAC and also to ensure a foul drainage connection to mains sewer. Other representations: 14 neighbouring occupiers notified. 1 representation received objecting on the following grounds:  Over dominance due to siting and proposed height upon No. 16 New Street. The building should be limited to a bungalow only;  Loss of privacy by overlooking. The dwelling will impact upon the privacy of all surrounding properties and all side facing windows should be fixed with obscure glazing.  Parking. Parking provision should be made for vehicles to park off the road due to existing on road parking congestion. 1 representation received supporting the principle of the scheme and the general improvements to the area but concerns are raised regarding the potential loss of light to No. 7 Pearson Street. Page No 88

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

SPECIAL CONSIDERATIONS/ISSUES

Design and Amenity: The applicant has provided a plan indicating the intention to provide a two storey dwelling at a height similar to the neighbouring dwelling to the west (No. 7 Pearson Street). I consider the development of this site with single two storey dwelling would be acceptable and would be sympathetic with the massing of the immediate architectural styling in the area. There are no habitable windows facing the site from the north or west. Concerns have arisen from the owner / occupier of No. 16 New Street, a dormer bungalow to the east of the site. I am satisfied that adequate separation between any resulting dwelling and the rear elevation of the bungalow is achievable and given this distance of approximately 24 metres, the proposal would not result in an over dominating structure. I am also satisfied that any dwelling could be accommodated without causing detriment to the amount of natural daylight currently enjoyed by the occupiers of No. 7 Pearson Street. I consider that a condition to ensure that any side facing windows are obscurely glazed and fixed shut to protect the amenity of the users of the adjacent private amenity space is required.

Highways: Approval is sought at this stage for the vehicular and pedestrian access to the site. Pearson Street is a narrow unclassified highway subject to a 30mph speed limit. Typical vehicle speeds are anticipated to be no more than 15mph due to the geometry of the road requiring visibility splays of 2.4m x 17m in both directions in accordance with Welsh Government guidelines. The site has an existing access immediately adjoining 7 Pearson Street which is severely substandard in that direction. Whilst the proposed new access falls marginally short of the prescribed visibility requirements its re-siting to a central position on the site frontage represents a significant improvement over the existing situation. In view of the low traffic speeds and traffic volumes along Pearson Street Highways do not therefore consider there is a need to insist upon the maximum visibility requirements in this case. The new access into the site would also involve the removal of existing fence posts and the lowering of the front boundary wall, which would also secure visibility for the existing two neighbouring accesses.

The applicant has indicated that two off road spaces could be provided as well as the provision of garage. Current adopted LPG16 states that proposed garages should not be considered as part of the proposed parking provision. However, I consider that there is some scope to provide up to three spaces if required.

Conclusion: I consider that the residential development of this site accords with current local planning policy and will not result I a detriment to highway safety or the amenity of the neighbouring occupiers. I recommend accordingly. Page No 89

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. Approval of the following details shall be obtained from the Local Planning Authority before any part of the development is commenced: a. the layout of the building(s) b. the scale of the building(s) c. the appearance of the building(s) d. the landscaping of the site 2. Plans and particulars of the reserved matters referred to in condition 1 (above) shall be submitted in writing to the Local Planning Authority before the expiry of three years from the date of this permission. The development shall only be carried out in strict conformity with such details as are approved. 3. The development hereby approved shall be commenced before the expiry of five years from the date of this permission or before the expiry of two years from the date of approval of the last of the reserved matters required to be approved, whichever is the later. 4. Each new dwelling hereby permitted shall be constructed to achieve a minimum Code for Sustainable Homes Level 3 and achieve a minimum of 1 credit under category 'Ene1 - Dwelling Emission Rate' in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3. The development shall be carried out entirely in accordance with the approved assessment and certification 5. Construction of any dwelling hereby permitted shall not begin until an 'Interim Certificate' has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been achieved for that individual dwelling or house type in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3. 6. Prior to the occupation of the individual dwelling hereby permitted, a Code for Sustainable Homes 'Final Certificate'' shall be submitted to the Local Planning Authority certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been achieved for that dwelling in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3. 7. Nothing shall be planted, allowed to grow or be erected to a height greater than 0.6 metres in height above the level of the nearside edge of the adjoining carriageway for a distance of 2.4 metres measured back from the adjoining carriageway along the entire site frontage. The entire frontage of the development site shall be permanently retained clear of such obstructions. 8. There shall be no gates or other means of enclosure across the vehicular access point within 5 metres of the highway boundary. 9. No part of the development shall commence until further details of the proposed vehicular parking and turning facilities have been submitted to and approved in writing by the Local Planning Authority. The facilities as are approved shall be fully laid out, surfaced and drained prior to first use of the development, and shall thereafter be permanently retained and kept free of Page No 90

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 any obstruction, and made available solely for the parking and turning of vehicles at all times. 10. No private surface water run off shall be permitted to flow from the development site onto the adjoining highway. An Aco drain or similar shall be provided across the approved access to intercept any such run off prior to first use of the development. 11. No part of the development shall commence until details of the proposed Reasonable Avoidance Measures (RAMs) have been submitted to and approved in writing by the Local Planning Authority. The details shall include the following: A) Details of a tool box talk on the identification and ecology of great crested newts to be made available to all construction staff employed on the project; B) Details of the erection of a 1-way amphibian fence to be maintained prior to and during the construction phase of the development; C) Details of a walk over survey of the site prior to commencement of development, and a destructive search (under the supervision of a licensed great crested newt handler) made of any potential great crested newt habitat (such as rubble piles or sheet materials that are on the site) on the site. Any amphibians found should be relocated to the artificial hibernacula; D) Details of storage of material on pallets off the ground, and bulk materials which are to be delivered on site and used within the day of delivery. E) Confirmation that excavated trenches will be covered over at the end of each working day with plywood and the edges sealed with sand or soil. Trenches are to be checked each morning for any amphibians. Any amphibians located are to be moved to the artificial hibernacula. 12. All foul water shall be disposed of via the public sewerage system unless otherwise agreed in writing by the local planning authority. 13. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site. 14. All window openings facing west and east shall only be glazed and reglazed using obscure glass and all window casements shall be fixed shut below a height of 1.75 metres measured from the finished floor level of the floor on which they are installed. The development shall be retained in this condition thereafter. 15. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday.

REASON(S)

1. To comply with the provisions of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 2. To comply with Section 92 of the Town and Country Planning Act, 1990. 3. To comply with Section 92 of the Town and Country Planning Act, 1990. Page No 91

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

4. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales Edition 5 (2012) ) 5. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales Edition 5 (2012) ) 6. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales Edition 5 (2012) ) 7. In the interests of highway safety. 8. In the interest of the free and safe movement of traffic on the adjacent highway and to ensure the formation of a safe and satisfactory access. 9. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 10. In the interests of highway safety. 11. To protect named species/habitats/biodiversity which would otherwise be damaged/lost by the development hereby permitted. 12. In the interest of ground water quality. 13. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. 14. To protect the amenities of the occupiers of nearby properties. 15. To protect the amenities of the occupiers of nearby properties.

NOTE(S) TO APPLICANT

You should ensure that any difference between the plans approved under the Town and Country Planning Acts and under the Building Regulations is resolved prior to commencement of development, by formal submission of amended plans.

You are advised that building work which involves work on an existing wall shared with another property, building on the boundary with a neighbouring property or excavating near a neighbouring building may require the separate consent of the neighbour under the provisions of the Party Wall Act. If you require further information or advice please contact the Building Control Section on 01978 292050.

Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4 and 5 on the enclosed "Applicants' Rights and General Information".

Some public sewers and lateral drains may not be recorded on Dwr Cymru Welsh Water's maps of public sewers because they were originally privately owned and were transferred into public ownership by nature of the Water Industry (Schemes for Adoption of Private Sewers) Regulations 2011. The presence of such assets may affect the proposal. In order to assist Dwr Cymru Welsh Water, the applicant is advised to contact the Operations Contact Centre at Dwr Cymru on 0800 085 3968 to establish the location and status of the sewer. Under the Water Industry Act 1991 Dwr Cymru Welsh Page No 92

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

Water has rights of access to its apparatus at all times.

The Welsh Government have introduced new legislation that will make it mandatory for all developers who wish to communicate with the public sewerage system to obtain an adoption agreement for their sewerage with Dwr Cymru Welsh Water (DCWW). The Welsh Ministers Standards for the construction of sewerage apparatus and an agreement under Section 104 of the Water Industry Act (WIA) 1991 will need to be completed in advance of any authorisation to communicate with the public sewerage system under Section 106 WIA 1991 being granted by DCWW.

Further information on the Welsh Minister's Standards is available for viewing on our Developer Services Section of our website - www.dwrcymru.com.

Further information on the Welsh Minister's Standards can be found on the Welsh Government website - www.wales.gov.uk.

If a connection is required to the public sewerage system, the developer is advised to contact Dwr Cymru Welsh Water's Developer Services on 08000 917 2652. ______Page No 93

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0561 LAND SOUTH OF NOOK COTTAGE 08/08/2013 NOOK LANE BRONINGTON WREXHAM COMMUNITY: SY13 3HT CASE OFFICER: Bronington SEH DESCRIPTION: ERECTION OF 3 BAY STABLE WARD: BUILDING WITH TACK ROOM, AGENT NAME: Bronington PROVISION OF TURNING AREA MR J PROBERT AND REMOVAL OF SHED AND PORTACABIN

APPLICANT(S) NAME: MR J PROBERT ______

THE SITE

Existing Access

Proposed Stables Application Site

PROPOSAL

As above.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

HISTORY

P/2010/0397 Erection of stable block with store and wc. Refused 14/06/2010 P/2010/0397 Erection of stable block with store. Refused 18/02/2011

DEVELOPMENT PLAN

Outside of a defined settlement limit. The land is also one of a number of areas in the Borough designated for the Protection of Mineral Resources (Sand and Gravel). UDP Policies GDP1, PS11, PS2, EC4, EC6 and MW9 apply.

CONSULTATIONS

Community Council: Object – agree with the concerns of the highway authority with regards to the condition of the unadopted access road and the visibility restriction at the junction with Nook Lane and Bronington road in a westerly direction. Concerned about the lack of publicity of the application. Local Member: Notified 08.08.2013 Highways: No objections subject to low levels of traffic movements. Ramblers: Consulted 08.08.2013 Environment: Consulted 08.08.2013 NRW: Consulted 30.08.2013 Site Notice: Expired 15.08.2013 Other Representations: 24 letters of objection received raising the following concerns:  Impact upon highway safety;  Impact upon cost of maintenance to the unadopted access road (Nook Lane);  The proposed domestic stables is isolated from the applicants home;  A building constructed of temporary materials such as this would quickly deteriorate;  Impact upon the visual amenities of the area;  Inappropriate scale and deign of the structure;  Unnecessary foundations;  Development could be used on a commercial basis in the future;  Tack room is unnecessary are the ponies are not ridden;  Site already houses unsightly metal containers;  Inappropriate fencing to the southern boundary is proposed;  An ecology survey should be carried out; Page No 95

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

 Impact upon local residential amenity (privacy, noise nuisance, restriction of access to personal property);  Application address suggests that it is in connection with Nook Cottage;  Loss of hedging (removed early last year).

SPECIAL CONSIDERATIONS/ISSUE

Policy/Background Information: Permission to erect a stable block on this land was refused under delegated powers in 2010 (P/2010/0397) due to the unacceptable scale, location and design of the building. The scheme was then amended to reduce the scale etc, however planning permission was again refused in 2011 (P/2010/1070) by the planning committee contrary to the recommendation of the then Chief Planning Officer for the following reason:

The proposed stableblock by virtue of its scale, design and linear appearance will result in a detrimental impact upon the landscape. The scale of the stableblock would also be disproportionate to the size of the landholding. To allow the development would be contrary to policies PS2 and GDP1 of the adopted Wrexham Unitary Development Plan.

As part of this re-submitted application, it is proposed to utilise the existing access to the site and the removal of vegetation is not required. No subdivision of the land is proposed as part of the revised scheme with the exception of a post and rail fence around the stabling area. The proposed development does not conflict with policy MW9 which seeks to protect against the sterilisation of un-worked mineral deposits. The scale, design and location of the proposed structure have been amended, and the main issues to consider relate to the impact upon the visual and residential amenities of the area, and the impact upon highway safety.

Design: The design of the proposed stable block has been altered so that it is no longer linear in form and is now ‘L’shaped. The block is now some 8 metres shorter than the previously proposed structure and now measures approximately approx 12 x 3.7 x 3.4 metres ridge height, and will sit on a concrete pad which extends to the front of the stables by 1.5 meters. Attached is a tack and hay store measuring 3.7 x 3.6 meters which completes the ‘L’Shape.

The structure has been located adjacent to the western boundary, close to the existing access, and away from the nearby residential properties. The structure will be screened by the existing boundary hedgerow and will be constructed of materials suitable for the rural location. Some additional hedge planting is proposed to compensate for the loss of vegetation which has occurred over the last few years. This will be secured by planning condition.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

It is proposed that the existing portacabin and shed are to be removed which will improve the appearance of the area. A condition will be attached restricting any further development.

Highways: Nook Lane is a narrow unadopted lane with access onto Bronington Road. Visibility is restricted in a westerly direction though this could be improved and full visibility achieved by the trimming back of the existing hedge. There are no formal passing places along this part of Nook Lane and the surface of the lane is generally in poor condition. Given that the proposed use of the site is for personal/private use and enjoyment of the land only, any traffic generation is considered to be low. No adverse impact upon highway safety.

Residential Amenity: As mentioned above, the structure has been located adjacent to the western boundary, close to the existing access, and away from the nearby residential properties. This should minimise any potential impact upon residential amenity, and given the relatively small scale of the proposed use it is not considered that there would be any significantly detrimental impact in terms of loss of privacy, odour or noise nuisance. There are no proposals to provide lighting as part of the scheme. A condition is recommended restricting any form of illumination in the interests of protecting against light pollution in this countryside location.

Ecology: There is no requirement to remove any vegetation in respect of the proposed development, and the boundary hedge is considered to be unaffected. As such there is no requirement for further ecological survey work. Due to the presence of ponds in the area, there is some potential for harm to the Great Crested Newt, and both the Countryside Council for Wales and the Council’s Ecologist request the submission of a scheme of Reasonable Avoidance Measures (RAMs), to be secured by way of planning permission.

Other Representations: Concerns have been raised in relation to the necessity of this development and appropriateness of the location for the stables in relation to the applicant’s residence. The applicant is not required to justify a need for this development, and proximity of the applicant’s home does not impact upon the ability to privately use and enjoy this piece of land. The potential for the future commercial use of the proposed stable block is not relevant to this application, and in any case this would be subject to a separate planning application.

A site notice was displayed in the normal way to publicise the application and 14 no. letters were sent out to local residents to notify them of the proposed development. As such the application was properly advertised in accordance with the statutory requirements.

Conclusion: The proposed structure is typical of a countryside location such as and is considered to be acceptable in terms of scale and design. The proposed stable block has been situated near to the boundary hedge in order Page No 97

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 to minimise the visual impact, and although the structure will be visible from some public viewpoints there would be no significant visual harm.

Given the relatively temporary nature of the materials of construction, it is considered appropriate in the interests of the visual amenities of the area to grant permission on a temporary basis only (5 years) to account for the potential for deterioration in the appearance of the building.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The use of the building shall cease and be abandoned before 31 December 2018. The building together with any hard standing, base or slab upon which it stands shall be completely removed and the land restored to its previous condition not later than one month after that date. 2. The stable walls shall be of timber construction only and shall within one month of first use be coloured dark green. 3. The stable block and store hereby approved shall be used for the private enjoyment of the land only and shall not be used for any commercial or business purposes. 4. The stable block hereby approved together with the land outlined in both red and blue on the apporved site plan shall not be illuminated in any way. 5. No part of the development shall commence until details of the proposed Reasonable Avoidance Measures (RAMs) have been submitted to and approved in writing by the Local Planning Authority. The details shall include the following: a) Details of a tool box talk on the identification and ecology of great crested newts to be made available to all construction staff employed on the project; b) Details of an artificial amphibian hibernacula to be constructed adjacent to the site (Details of the design can be found in great crested newt mitigation guidelines - August 2001); c) Details of a walk over survey of the site prior to commencement of development, and a destructive search (under the supervision of a licensed great crested newt handler) made of any potential great crested newt habitat (such as rubble piles or sheet materials that are on the site) on the site. Any amphibians found should be relocated to the artificial hibernacula; d) Details of storage of material on pallets off the ground, and bulk materials which are to be delivered on site and used within the day of delivery. e) Confirmation that excavated trenches will be covered over at the end of each working day with plywood and the edges sealed with sand or soil. Trenches are to be checked each morning for any amphibians. Any amphibians located are to be moved to the artificial hibernacula. The development shall be carried out in strict accordance with the RAMs as are approved. 6. There shall be no WC facilities within the stable block hereby approved (or associated septic tanks), and no foul water drainage system shall be Page No 98

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 installed within the building. 7. Within one month of first use of the stable block hereby approved the shed and port cabin shall shown on plan no. 126.13 within the land outlined in both blue and shall be permanently removed. 9. Within 6 months of first use of the stable block a scheme for the hedgerow planting as proposed within the application documentation shall be submitted to and approved in writing by the Local Planning Authority. The scheme as is approved shall be completed within all respects within the timescale also approved as part of the planting scheme 10. The planting scheme implemented in connection with condition no. 9 shall be permanently retained. Any planting which becomes severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority shall be replaced within the next available planting season by trees or shrubs of similar size and species to those originally required to be planted.

REASON(S)

1. Having regard to its design and materials of construction, planning permission would not normally be granted in respect of temporary buildings in this location. Permission has been granted in this instance solely to allow the applicant adequate time to seek permanent, satisfactory accommodation. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area and to protect the amenities of the occupiers of nearby properties. 4. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area and to protect the amenities of the occupiers of nearby properties. 5. To protect named species/habitats/biodiversity which would otherwise be damaged/lost by the development hereby permitted. 6. To ensure that the facilities are appropriate for the intended purpose of the building. 7. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 9. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 10. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.

NOTE(S) TO APPLICANT

The applicant should also be advised that the Council has the option to control construction site noise by means of a Control of Pollution Act 1974, Section 60, Notice, where deemed necessary. The applicant is advised to contact the Council's Housing and Public Protection Department on 01978 813700 for further advice and information.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows: - Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal; - Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke.

To prevent offences under the above named Acts there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council's Housing and Public Protection Department on 01978 813700 for further advice and information.

There should be no burning of manure and soiled horse bedding at the site. ______Page No 100

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0568 173 CHESTER ROAD WREXHAM 09/08/2013 LL12 8DW

COMMUNITY: DESCRIPTION: CASE OFFICER: Rhosddu CHANGE OF USE FROM CLASS A1 PF SHOP TO CLASS A2 FINANCIAL AND PROFESSIONAL SERVICES TO WARD: INCLUDE NEW SHOP FRONT; AGENT NAME: Garden Village INSTALLATION OF 2 NO. AIR ELIAS TOPPING CONDITIONING CONDENSER UNITS MRS J ALTINE AND 2 NO. SATELLITE DISHES TO TOPPING REAR ELEVATION.

APPLICANT(S) NAME: CORAL RACING LTD ______P/2013 /0568 THE SITE

Parking Application across site frontage

Car park

PROPOSAL

Planning permission is sought to sub divide and change the use of the property from an A1 (retail) use to an A2 (financial and professional) use. The building is currently occupied by a travel agent. The intention is to sub divide Page No 101

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 and retain this existing A1 use. The proposal also seeks to install 2 no. air conditioning units and 2 no. satellite dishes to the rear elevation of the building.

HISTORY

18645 Display of illuminated Granted 8/10/1990 projecting sign P/2009/0405 Extension to rear to form Granted 17/7/2009 stores and welfare facilities and formation of car park P/2011/0863 Alterations to existing shop Granted 10/01/2012 frontage including provision of new door P/2011/0864 New signage Granted 10/01/2012 P/2013/0569 Internally illuminated fascia Pending See sign with internally following illuminated projecting sign report to shop front

DEVELOPMENT PLAN

The site is within settlement. Policies PS2, GDP1 and T8 are relevant. Local Planning Guidance Note 16 – Parking Standards is also relevant.

CONSULTATIONS

Community Council: Object – the parade of shops was built to serve the shopping needs of the local residents and has a long tradition of being a local shopping centre. A great many more houses have been built in the locality since the shops were built, so there is a greater need for local shops. Dividing the existing premises into 2 will increase the number of customers / clients visiting. There is limited parking to the front of the shops, so increasing the number of customers will increase the amount of parking in adjacent residential streets Local member: Notified 13.08.2013 Site Notice: Expired 04.09.2013 Highways: No recommendations. Public Protection: Recommends noise control conditions relating to air conditioning units and construction timing restrictions. Page No 102

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

Other representations: 26 neighbouring occupiers notified. 3 representations received raising the following points:  the change of use from class A1 compromises the nature of the row of shops and would be contrary to policy PS7:  policy S2 states that mixed use communal development will only be allowed outside the town centre only if it enhances the vitality and environmental quality of the area. The loss of the shop shows that this vitality will be compromised, not safeguarded ;  the installation of air conditioning units will create noise which will create potential nuisance to neighbouring domestic properties;  the noise could threaten the viability of the neighbouring bowling green and could disturb services and funerals at the Bethel Chapel;  the parade of shops attracts children who congregate at all times of the day / weekend and is also a school bus pick up point. The nature of the proposed business is not one that should encourage or advertise gambling at this age group as it could draw them into the premises and get caught in a cycle of debt;  the presence of the business is not one that should be countenanced so close to a Methodist Chapel;  clientele of the business could travel from nearby public houses putting pressure on existing pedestrian crossing point near the site. Drivers are known to fail to stop at this crossing causing a highway danger to business users and road users;  clientele could arrive by car which would exacerbate the parking problem at the site. This would ultimately lead to safety concerns regarding the congregating school children and the pressure on the existing layout of the Chester Road / Kenyon Avenue junction;  the introduction of this type of business is counter to the atmosphere of this parade of shops and could lead to antisocial behaviour;  the introduction of this type of business does not respect the garden village ethos and would be an unwelcome change;  the change of use to such a business type would not make a good impression on this main Page No 103

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

route into Wrexham Town centre and would counter investments made to improve the town centre character;  there are already approximately 7 betting shops in Wrexham and 1 in Llay. The nearest is behind the Four Dogs in Acton; and  measures should be employed to soundproof the air conditioning units like the measures that were requires at the neighbouring Co-Op shop.

APPLICANT’S SUBMISSIONS

The applicant has provided additional information in response to representations received. These are summarised as follows:

 Permission has previously been granted to facilitate the subdivision of the existing commercial unit;  Planning Policy Wales seeks to promote a greater mix of uses within existing centres whilst retaining retail as the predominant use. The proposal will mean that retail remains the predominant use at the site;  Past experience suggests that the majority of customers will arrive on foot. The existing highway layout will allow them to safely do this;  Evidence from sites elsewhere suggest that such uses generate linked footfall to neighbouring commercial uses;  The scheme is considered acceptable by WCBC highway engineers;  The proposal seeks permission for an open A2 use to include banks, building societies etc. Permitted development rights allow for the reversion to an A1 retail use;  The proposal will not result in the loss of a local service as the existing travel agency will remain;  The betting office on Box Lane closed some months ago;  Licensed betting offices are lawful activities and moral objections are not a material planning considerations. The use is strictly controlled by statute and licences can be revoked if conditions are breached.

SPECIAL CONSIDERATIONS/ISSUES

Policy: The parade of shops is not designated as a district shopping centre. References have been made by objectors stating that he proposal is contrary to policy S2 of the development plan, in that the proposal would affect the vitality and environmental quality of the area. This policy does not apply to this proposal as the site is not within the defined Wrexham Town Centre shopping area. Therefore I am satisfied that the principle of the change of use of the building to an A2 use is acceptable in principle and is subject to the general development principles of policy GDP1.

Amenity: Whilst the plans and documentation refer to the proposed end user of the unit as a bookmaker, the application is submitted seeking planning Page No 104

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 permission for an open ended A2 use. Such uses also include banks, building societies, estate and employment agencies. Consideration must therefore be given to the acceptability of this site for all such uses. Whilst representations have been made suggesting that the parade of shops is unsuitable for bookmakers I have no compelling evidence to suggest that this would be the case. Issues relating to unauthorised use of bookmakers by minors are controlled by separate licensing legislation and I do not consider that ethical issues relating to the operation of bookmakers are material to the consideration of this application.

Whilst there may be other bookmakers operating in the area, there is no policy requirement of the applicant to justify a need for this particular use. However it is worth noting that the bookmakers situated behind the Four Dogs public house has not operated for some time.

I therefore do not consider that to allow the sub division of the commercial unit to any A2 use would result in detriment to the viability to the neighbouring commercial operations at the site or would have an adverse impact upon the character of the wider Garden Village area.

The application also seeks to install air conditioning units and satellite dishes to the rear elevation of the building. Public Protection are satisfied that specification of the proposed units are such that the background noise levels at the nearest noise sensitive properties will not exceed pre existing levels by a detrimental amount. A standard condition is required to ensure this is maintained but I have no reason to seek amendments or additional information. The satellite dishes are of a commercial scale, but are proposed between ground and first floor level. The combination of these apparatus will not adversely impact the character of the surrounding townscape.

Highways: The parade of shops is currently occupied by various A1 units including a travel agent, convenience store and pharmacy. The rear and side of the parade can accommodate 8 no vehicles, with space for a further 7 vehicles to front access road. Legislation allows for the sub division of existing A1 retail units without the need to apply for planning permission. An application was approved in 2011 to carry external alterations to the building to facilitate such a change. Adopted maximum parking standards as contained in LPG 16 would normally require 1 car space per 15m2 for an A1 use. A2 uses would require 1 car space per 20m2. Whilst the parking provision at this parade of shops is limited and the application does not indicate any dedicated parking provision, current guidance anticipates that the proposed development is likely to result in a reduced parking demand compared to the existing use. Whilst objections are to the contrary, there is no evidence to suggest that a bookmaker (or another A2 use) would generate further traffic generation than an A1 use. As such there are no reasons to suggest that the proposal would represent a danger to pedestrians or highway users.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

Conclusion: I consider that the proposed use of the building within A2 class will not cause detriment to the character of the area or the amenity of the neighbouring occupiers. External alterations to the building accord with character of the townscape and as such I recommend accordingly.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation. 3. The rating level of any noise generated by air handling plant associated with the development shall not exceed the pre-existing background level by more than 5dB(A) at any time. The noise levels shall be determined at the nearest noise sensitive premises, and measurements and assessment shall be made in accordance with BS4142:1997 Method of Rating Industrial Noise Affecting Mixed Residential and Industrial areas. 4. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To protect the amenities of the occupiers of nearby properties. 4. To protect the amenities of the occupiers of nearby properties.

NOTE(S) TO APPLICANT

You should ensure that any difference between the plans approved under the Town and Country Planning Acts and under the Building Regulations is resolved prior to commencement of development, by formal submission of amended plans.

You are advised that building work which involves work on an existing wall shared with another property, building on the boundary with a neighbouring property or excavating near a neighbouring building may require the separate consent of the neighbour under the provisions of the Party Wall Act. If you require further information or advice please contact the Building Control Section on 01978 292050.

The proposed development lies within an area which could be subject to current coal mining or hazards resulting from past coal mining. Such hazards Page No 106

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 may currently exist, be caused as a result of the proposed development, or occur at some time in the future. These hazards include:

· Collapse of shallow coal mine workings. · Collapse of, or risk of entry into, mine entries (shafts and adits). · Gas emissions from coal mines including methane and carbon dioxide. · Spontaneous combustion or ignition of coal which may lead to underground heatings and production of carbon monoxide. · Transmission of gases into adjacent properties from underground sources through ground fractures. · Coal mining subsidence. · Water emissions from coal mine workings.

Applicants must take account of these hazards which could affect stability, health & safety, or cause adverse environmental impacts during the carrying out their proposals and must seek specialist advice where required. Additional hazards or stability issues may arise from development on or adjacent to restored opencast sites or quarries and former colliery spoil tips.

Potential hazards or impacts may not necessarily be confined to the development site, and Applicants must take advice and introduce appropriate measures to address risks both within and beyond the development site. As an example the stabilisation of shallow coal workings by grouting may affect, block or divert underground pathways for water or gas.

In coal mining areas there is the potential for existing property and new development to be affected by mine gases, and this must be considered by each developer. Gas prevention measures must be adopted during construction where there is such a risk. The investigation of sites through drilling alone has the potential to displace underground gases or in certain situations may create carbon monoxide where air flush drilling is adopted.

Any intrusive activities which intersect, disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) require the prior written permission of the Coal Authority. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes.

Failure to obtain Coal Authority permission for such activities is trespass, with the potential for court action. In the interests of public safety the Coal Authority is concerned that risks specific to the nature of coal and coal mine workings are identified and mitigated.

The above advice applies to the site of your proposal and the surrounding vicinity. You must obtain property specific summary information on any past, current and proposed surface and underground coal mining activity, and other ground stability information in order to make an assessment of the risks. This can be obtained from The Coal Authority's Property Search Service on 0845 Page No 107

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

762 6848 or at www.groundstability.com

The applicant is advised that compliance with condition no. 4 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate.

The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300. ______Page No 108

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0569 173 CHESTER ROAD WREXHAM 09/08/2013 LL12 8DW

COMMUNITY: DESCRIPTION: CASE OFFICER: Rhosddu INTERNALLY ILLUMINATED FASCIA PF SIGN WITH INTERNALLY ILLUMINATED PROJECTING SIGN WARD: TO SHOPFRONT AGENT NAME: Garden Village CORAL RACING LTD APPLICANT(S) NAME: CORAL RACING LTD ______

THE SITE

Signage proposed to front elevation

PROPOSAL

Advertisement consent is sought to install an internally illuminated fascia sign and projecting sign to the front elevation of the existing commercial unit. An application for planning permission has been submitted for the proposed change of use of the building and external works. This is reported in the preceding item.

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HISTORY

18645 Display of illuminated Granted 8/10/1990 projecting sign P/2009/0405 Extension to rear to form Granted 17/7/2009 stores and welfare facilities and formation of car park P/2011/0863 Alterations to existing shop Granted 10/01/2012 frontage including provision of new door P/2011/0864 New signage Granted 10/01/2012 P/2013/0568 Change of use from Class Pending See A2 financial and preceding professional services to report include new shop front, installation of 2 no. air conditioning condenser units and 2 no. satellite dishes to rear elevation

DEVELOPMENT PLAN

The site is within settlement. Policies PS2 and GDP1 refer. Guidance is contained in Local Planning Guidance Note 1 – Advertisements and national TAN 7 – Outdoor Advertisement Control.

CONSULTATIONS

Community Council: Consulted 13.08.2013 Local Member: Notified 13.08.2013 Site Notice: Expired 04.09.2013 Highways: No recommendations Other Representations: 26 neighbouring occupiers notified. 2 responses received raising the following points:  The proposal are for internally illuminated box signs which are contrary to guidance in LPG1;  LPG1 states that traditional hand painted timber signs are preferred  Objections are lodged regarding the change of use of the building to which the application relates;  Illuminated signs add to light pollution and reduce visual amenity; Page No 110

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 The parade of shops attracts children. The nature of the proposed business is not one that should be encouraged;  The introduction of this type of business run contrary to the Garden Village ethos and will erode the atmosphere of the garden village concept.

SPECIAL CONSIDERATIONS

Public Safety: National planning policy states that consideration of such applications should only relate to issues of public safety and visual amenity. The council cannot control the content of signage or its need or consider the merits of the associated business, existing or proposed.

The signage is internally illuminated, however highways have raised no concerns relating to the proposal provided that any light source is not directly visible to motorists. A suitable condition can be imposed to control this. The signage will not therefore cause detriment to public safety.

Amenity: The site is located within an existing parade of commercial properties where there is a variety of signage. The existing shop signage is not illuminated. Reference has been made by representations regarding guidance contained in LPG1. This seeks to ensure that a signage is appropriate to character of the area and the architectural styling of the building. I do not consider that the installation of an internally illuminated box sign is inappropriate and would not obliterate any architectural features and styling of the building. Hand painted signage and external illumination is generally only insisted upon in conservation areas. The illumination of the signage is also unlikely to harm the amenity of the neighbouring occupiers or contribute significantly to light pollution. Conditions can be imposed to control the luminosity of the signage.

Conclusion: I am satisfied that the proposal accords with policy and recommend accordingly.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. Any advertisements displayed, and any site used for the display of advertisements, shall be maintained in a clean and tidy condition to the reasonable satisfaction of the Local Planning Authority. 2. Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition. 3. Where an advertisement is required under these Regulations to be removed, the removal shall be carried out to the reasonable satisfaction of the Local Planning Authority. Page No 111

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4. No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant such permission. 5. No advertisement shall be sited or displayed so as to obscure, or hinder the ready interpretation of, any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any highway, railway, waterway or aerodrome (civil or military). 6. The intensity of illumination emitted from the signs the subject of this consent shall not exceed 800 candelas/sq.m. 7. No light source to any sign(s) hereby granted consent shall be directly visible to drivers of motor vehicles using the adjacent highway.

REASON(S)

1. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 2. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 3. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 4. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 5. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 6. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 7. In the interests of highway safety. ______Page No 112

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0570 MAYFIELD HOUSE TOP ROAD 12/08/2013 SUMMERHILL WREXHAM LL11 4SR COMMUNITY: CASE OFFICER: Gwersyllt DESCRIPTION: JS EXTENSION TO SMALL COMMERCIAL UNITS AND WARD: ERECTION OF DOMESTIC GARAGE AGENT NAME: Gwersyllt North D S JONES APPLICANT(S) NAME: MR S JONES MR A O JONES ______

THE SITE

Located on east side of Top Road, Summerhill. The site is surrounded by residential properties. Top Road is narrow at this point – nearly devoid of any footways. The site comprises 3 small units, and the access is also used by a couple of dwellings.

Application Site – contained by bold line

PROPOSAL

As above. The floorspace increase is 17 square metres, to provide a combined unit size of 140 square metres

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HISTORY

None.

DEVELOPMENT PLAN

Within the settlement limits. Policies PS2, GDP1, and E4 of UDP and LPG Note 16: Parking are relevant.

CONSULTATIONS

Community Council: Objects – concerned about the unsuitability of the access to the site, and the potential for highway safety problems. Local Member(s): Notified 12.08.13 Public Protection: Recommends the inclusion of a planning condition and advice notes Highways: Classified highways subject to 30mph and splays of 2.4 x 43m recommended. Visibility is substandard and would not wish to support any development which generates more traffic. Conditions should be imposed and parking and turning facilities should be submitted. Site Notice: Expired 13.09.13 Other representations: 12 neighbours notified 29.8.13

SPECIAL CONSIDERATIONS

Policy: No objections in principle, subject to policies controlling appearance of the new works, and any amenity impacts caused by the extra floorspace in terms of highway safety and amenity issues for nearby residents.

Visual Impact: The alterations will not have an unacceptable visual impact for the area, providing facing materials are suitably controlled. The design includes a new flat roof, and this will only be seen from first windows opposite the site, and the use of grey cladding for this is acceptable. The changes to the roof shape for the building nearest the highway will not make that building any higher in relation to Top Road, and therefore the existing street scene is only marginally impacted by the alterations. Details to confirm the full impacts to the south elevation have been requested, but it is likely that this appearance will be acceptable as it only involves a small increase in height along this side.

Highway Safety: It is noted that the existing access serving the site has very limited visibility for any vehicles leaving the site. Although there is no relevant planning history for the site to confirm the full nature of existing uses, it appears that the site has been used for a business purpose for many years. But given current restricted visibility, it is important to ensure that alterations Page No 114

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 do not encourage greater use of the access, above those that are established. Not only is the access is poor, it is located within a residential area, and the adjacent highway is very narrow at this point. On either side of the access, there are buildings tight to the entrance and highway, and scope to improve visibility can only be achieved if buildings are demolished.

Whilst the current access is well established, and it is not unlike many other access points within this area, it should be noted that approval of the scheme will give scope to regulate and control the use because there are no planning controls (conditions) for the land. Accordingly it appears that there is scope to ensure suitable parking and turning within the site, and this can be maximum standards, to help avoid demands for alternative off site parking. Based upon adopted standards, the number of parking spaces would need to be 4 in connection with the business use, and either 2 or 3 spaces for the adjacent residential use. Clarification regarding a suitable layout has been requested, and the outcome of this will be submitted in the addendum. However in the event that a plan is not submitted, it is unlikely that planning conditions will allow adequate control over these two requirements. A plan to demonstrate the relevant areas is required.

Impact on neighbours: The alterations are unlikely to raise additional amenity issues for nearby neighbours. Although the full nature of current uses is not established by any planning permission, the additional floorspace is not intended to change the use, and the site will still be subject to environmental protection legislation. Public Protection has not raised any issues, subject to condition/notes.

Conclusion: Providing the issue of on site parking and turning can be suitably confirmed and controlled, the relatively small scale alterations are unlikely to cause significant issues for the area.

RECOMMENDATION A

Providing a suitable site layout plan is submitted to the Local Planning Authority to demonstrate suitable on-site parking for six cars (minimum) and turning facilities, that planning permission be granted subject to conditions, as to be determined under delegated powers granted to the Head of Community Wellbeing and Development:

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. Before any development commences, details of the proposed appearance of the south elevation of the building shall be submitted to and approved by the Local Planning Authority. The scheme as approved shall be fully implemented as part of the development 3. No part of the development shall commence until a plan showing the full details of parking and turning facilities within the site has been submitted to Page No 115

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and approved in writing by the Local Planning Authority. The development shall not be brought into use except in strict accordance with such details as are approved. 4. No part of the development shall commence until details of the purpose(s) of outside areas not required for parking and turning purposes, shall be submitted to and approved by the local planning authority. 5. The extensions hereby approved shall only be used for purposes ancillary to existing use(s) at the site. 6. All works in relation to the implementation of this permission, including deliveries to and / or leaving the site, shall be undertaken only between the hours of 7.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, and at no time on a Sunday or a Bank Holiday.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. In the interests of the visual amenities of the area. 3. To enable the control of matters not detailed in the application in compliance with the appropriate policies and standards. 4. In the interests of highway safety it is important to ensure that ancillary outside areas within the site are not used for any traffic generating purposes following the proposed reduction to the size of existing yard area once the extended buildings have been implemented because the existing access has very restricted visibility onto Top Road. 5. To ensure that the development is not introducing new uses to the site which could have potential to raise amenity issues for local residents. 6. To protect the amenities of the occupiers of nearby properties.

NOTES TO APPLICANT

The applicant is advised that compliance with condition no. 6 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council’s Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate.

The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution. For further information and advice regarding construction noise please contact the Council’s Housing and Public Protection Department on 01978 315300.

Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows: Page No 116

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- Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal; - Under the same Act an abatement notice may be served where smoke is judged to be causing a nuisance to neighbouring properties. Failure to comply with the requirements of the notice can result in prosecution; - Under the Clean Air Act 1993 it is an offence for a commercial activity to burn anything that gives rise to dark smoke. To prevent offences under the above named Acts there should be no bonfires on the site, to include the prohibition of the burning of cleared vegetation. The applicant should contact the Council’s Housing and Public Protection Department on 01978 315300 for further advice and information.

The Applicant is advised that under the Environmental Protection Act 1990, dust from construction and/or demolition activities can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that any dust nuisance is abated and failure to comply with the requirements of the notice can result in prosecution. The applicant should contact the Council’s Housing and Public Protection Department on 01978 315300 for further advice and information.

For clarification purposes, you are advised that the ‘description of development’ as contained on the application form does not establish any commercial use as retail purposes for the site. Also the established use of the existing premises has not been formally established by any lawful use certificate, and this permission does not establish all types of commercial uses for the site/premises.

RECOMMENDATION B

In the event that a suitable site layout plan is not submitted to demonstrate on- site parking and turning facilities, that planning permission is REFUSED for the following reason:

1. In the absence of information to confirm the full nature of the existing use(s) at the site, the proposed alterations are unacceptable and undesirable as the extended premises are likely to increase traffic movements to and from the site by using a very substandard vehicular access point onto Top Road. Without suitable clarification regarding on site parking and turning facilities, the increased floorspace has potential to generat traffic, which would be detrimental to highway interests, contrary to Policy GDP1 (d) of the Wrexham Unitary Development Plan. ______Page No 117

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0592 HILLVIEW HOLT ROAD BOWLING 22/08/2013 BANK WREXHAM LL13 9RR COMMUNITY: CASE OFFICER: DESCRIPTION: PF REMOVAL OF EXISTING ATTACHED GARAGE AND REPLACEMENT WITH WARD: TWO-STOREY EXTENSION. NEW AGENT NAME: SINGLE STOREY EXTENSION TO MILES DESIGNS LTD FRONT OF DWELLING TO PROVIDE Mr STUART MILES NEW PORCH AND WC. NEW GARAGE AND ENTRANCE TO SITE AND CHANGE OF USE OF AGRICULTURAL LAND TO RESIDENTIAL

APPLICANT(S) NAME: Mr JOHN MORRIS ______

THE SITE

Hatching: Proposed extensions

Greyed out area: Change or use Land within applicant’s control

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PROPOSAL

The proposal consists of a two storey extension of the existing dwelling to its southern elevation to facilitate a four bed property and the erection of a detached garage. The proposal also consists of the change of use of a strip of land to the south of the site, which is approximately 3.8 metres wide, to a residential use to facilitate these works along with a minor change to the position of the existing vehicular access. The application is reported before the Planning Committee as the applicant is a relative of the ward Local Member.

HISTORY (italics – adjoining southern site)

6/02476 Use of land for recreational Granted 22/9/1976 purposes P/2002/1037 Certificate of Lawfulness for Granted 30/10/2002 existing use in breach of Agricultural occupancy condition of Planning Permission ISY 6955 P/2009/0399 Construction of new access, Refused 8/7/2009 erection of detached double Appeal garage and change of use of dismissed 7/12/2009 land to form extension to residential curtilage (partly in retrospect) P/2009/0388 Outline application for the Refused 06/07/2009 erection of 2 no. detached Appeal dwellings with detached garages dismissed 07/12/2009 and construction of associated access P/2013/0214 Removal of existing attached Granted 07/05/2013 garage and replacement with 2 storey extension. New single storey extension to front of dwelling to provide new porch and WC. New garage and entrance to site and change of use of agricultural land to residential.

DEVELOPMENT PLAN

The site is outside a defined settlement. Policies PS2, GDP1, EC6 and T8 are relevant. Local Planning Guidance Notes 13 – Housing in the Countryside, 16 – Parking Standards, and 20 – House Extensions also apply.

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CONSULTATIONS

Community Council: Consulted 27.08.2013 Local Member: Has declared a personal and prejudicial in the application. Site notice: Expired 18.09.2013 Highways: No objection subject to conditions. Rights of Way: Satisfied that the amended proposal will not interfere with footpath Isycoed No. 18. Other representations: 2 neighbouring occupiers notified.

SPECIAL CONSIDERATIONS

Background: This application seeks to amend a previous proposal granted planning permission by the Planning Committee in May 2013. A small amendment is now proposed to the detached garage, reducing its width by 0.75 metres so that the line of the existing public right of way is not interfered with. However, whilst the width of the garage is reduced, the proposal will still require the change of use of land from agricultural use to residential (C3) to facilitate the works.

Policy: Specific guidance relating to the extension of domestic garden boundaries in open countryside locations is contained within LPG13. Garden extensions will normally only be permitted where the overall character and appearance of the rural landscape will not be harmed and where a specific planning constraint can be overcome, which can include an existing substandard access, or inadequate off street parking provision. LPG13 also states that extensions to dwellings in such locations will only be permitted where their scale does not cause harm to the openness of such a location, although in general they should not be more than a third of the size of the dwelling – unless there are positive design merits for the scheme.

Design and Visual Impact: The existing dwelling is located within a sparse linear group of properties along Holt Road. The extensions as proposed are not considered to cause harm to the visual character of the dwelling and they represent a floor increase of about 26% (minus the new garage), and in general they retain appearance and original shape of the original house, using sympathetic materials. The new garage is now detached, and its scale is proportional to the needs of the dwelling (smaller than previously approved), and it will appear subsidiary to the main house, again not resulting in an over dominating structure within the street scene. The new roof for the garage will have gable roof, and this is improvement on the existing flat roof garage, and the pitch will follow the roof pitch of the existing house. A condition requiring the definition of the southern boundary will be a requirement of any approval.

Garden Extension: The erection of the proposed garage has resulted in the need to extend the garden area. I consider that this incursion into the adjoining parcel of land is minimal, retaining a sufficient distance between the Page No 120

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 resulting boundary and that of the Village Hall. The incursion of the footprint of the garage into this space also is not considered to erode the special character of this open countryside location as it would be closely associated within the existing dwelling.

The proposals also seek to alter the position of the vehicular access to facilitate a larger parking area. Whilst the existing access visibility splay is adequate, this requires cooperation from the applicant to maintain the height of the adjoining hedgerow. The proposed resulting parking area would not conform to standard parking and turning requirements as identified in LPG21. However, I do consider that there will be a general improvement over the existing situation which will lead to an overall highway safety improvement. There is currently limited opportunity for a vehicle to enter into the site and sufficiently turn. The proposed layout will allow a vehicle to turn within the site and subject to an appropriate condition to limit the height of the hedge in either direction of the access sufficient visibility can be achieved. I consider that these improvements justify this small incursion into the open countryside.

Other matters: A public right of way crosses the application site. However, it is now accepted that this amended scheme will not interfere with the line of this footpath. The Rights of Way Section has confirmed this to be the case.

Conclusion: I consider that these proposals are acceptable in line with policy and guidance relating to this open countryside location and the extension to the boundary can be justified. I recommend accordingly.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. No facing or roofing materials shall be used other than materials matching those used on the existing building. 3. No development shall commence until a scheme for the planting of a native hedge to the southern boundary, including a timescale for its implementation and a 5 year maintenance plan, has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented within the first available planting season following the first occupation of the development. 4. The planting scheme provided in accordance with the above condition shall be permanently retained. Any planting becoming severely damaged or seriously diseased, or in poor physiological condition and / or removed without the Local Planning Authority's written permission shall be replaced with native species and within a timescale all as submitted to and approved in writing by the Local Planning Authority. 5. The vehicular parking and turning areas as shown on approved drawing(s) No(s). 12/21 08 Rev B shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be Page No 121

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 permanently retained and kept free of any obstruction, and made available solely for the parking and turning of vehicles at all times. 6. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 90 metres in both directions measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the nearside edge of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 4. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 5. To provide for the parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 6. To ensure that adequate visibility is provided at the proposed point of access to the highway.

NOTE(S) TO APPLICANT

You should ensure that any difference between the plans approved under the Town and Country Planning Acts and under the Building Regulations is resolved prior to commencement of development, by formal submission of amended plans.

You are advised that building work which involves work on an existing wall shared with another property, building on the boundary with a neighbouring property or excavating near a neighbouring building may require the separate consent of the neighbour under the provisions of the Party Wall Act. If you require further information or advice please contact the Building Control Section on 01978 292050.

All works relating to this development which are audible beyond the site boundary should be carried out only between 7.30 and 18.00 hrs Monday to Friday, and 08.00 to 14.00 hrs on a Saturday, and at no time on a Sunday or a Bank Holiday. Outside these times, any works which are audible beyond the site boundary have the potential to cause unreasonable disturbance to neighbouring premises.

The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where Page No 122

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 deemed necessary, and failure to comply with such a Notice can result in prosecution.

The applicant should adhere to the times given above wherever possible. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300.

Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4 and 5 on the enclosed "Applicants' Rights and General Information".

The applicant will need to reinstate a section of dropped kerb footway to full height footway construction fronting the existing dwelling (Hillview) and will need to apply for formal consent pursuant to Section 184 of the Highways Act 1980. Please contact Jo Giles on Tel: 01978 729670 for further advice regarding this matter.

The applicant is advised the public footpath Isycoed No. 18 shall remain clear and unobstructed at all times. ______Page No 123

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2013 /0602 13 CEIRIOG CLOSE 29/08/2013 WREXHAM LL14 5SB COMMUNITY: CASE OFFICER: Chirk DESCRIPTION: PF EXTENSION TO DWELLING

WARD: APPLICANT(S) NAME: AGENT NAME: Chirk South MR TERRY EVANS SJM SURVEYORS MR DANIEL CURTIN ______P/2013 /0602 THE SITE

Position of proposed extension

No. 30 Telford Rise

PROPOSAL

Planning permission is sought for the erection of a single storey full width extension to the rear of the dwelling, projecting by 3.9 metres. The applicant is the local member for the ward.

HISTORY

None.

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DEVELOPMENT PLAN

The site is within settlement. Policies PS2, GDP1 and T8 are relevant. Local Planning Guidance Notes 20 – House Extensions and 16 – Parking Standards also refer.

CONSULTATIONS

Community Council: Consulted 02.09.2013 Local Member: Not notified Site notice: Expired 26.09.2013 Other representations: 4 neighbouring occupiers notified. 1 representation received raising the following points:  The extension will infringe upon the privacy and outlook of the housebound elderly neighbouring occupier that may ultimately lead to an impact upon her wellbeing. The property is already overlooked by dwellings to the rear.

SPECIAL CONSIDERATIONS/ISSUES

Design: The extension has been designed in manner which is sympathetic to the character of the existing dwelling. The mass respects the form of the existing simple bungalow and the proposed materials also match. I am satisfied that the proposal would not have an adverse impact upon the character of the wider locality.

Amenity: The existing bungalow is in a straight line of properties. The main issue to consider is whether the proposal will have an adverse impact upon the amenity of the neighbouring occupiers. LPG 20 states that where extensions are located within one metre of the boundary, they should not exceed a projection of 3.5 metres. The proposed extension is 3.9 metres from the rear elevation of the house. However, the scheme passes the adopted BRE daylight test and the main footprint of each of the neighbouring dwellings is separated by the presence of an existing detached garage. This results in a distance of approximately 3.5 to 4 metres between the extension and any affected neighbouring habitable room windows. I am therefore satisfied that the extension will not result in the detriment to the amenity of the neighbouring occupiers by way of loss of outlook or natural daylight. I acknowledge the special circumstances of the elderly neighbour but there is no compelling evidence to suggest that the extension would impact upon her health and wellbeing.

The rear of the property bounds that of no. 30 Telford Rise. The resulting separation distance is approximately 14 metres, however the rear elevation the Telford Rise dwelling is at an angle and as such I consider that there will Page No 125

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 not be direct overlooking between dwellings. Nevertheless, it is the occupants of the proposed extension that are likely to be overlooked, if any does occur.

The proposal does feature side facing windows towards both boundaries. Whilst there are existing lightweight temporary structures adjacent to both boundaries and existing fence panels, I am not satisfied that the structures have a long term degree of permanence and I have sought amendments to the scheme to address the potential loss of privacy to the neighbouring occupiers.

Conclusion: Subject to the receipt of amended plans to address the issues addressed above, I am satisfied that the proposal will be acceptable and accord with local planning policy. I recommend as follows.

RECOMMENDATION

That the Head of Community Wellbeing and Development be given delegated authority to grant planning permission subject to the following conditions and any others deemed necessary upon receipt of satisfactory amended plans and following a period of reconsultation subject to no new significant issues being raised.

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. No facing or roofing materials shall be used other than materials matching those used on the existing building.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.

NOTE(S) TO APPLICANT

You should ensure that any difference between the plans approved under the Town and Country Planning Acts and under the Building Regulations is resolved prior to commencement of development, by formal submission of amended plans.

You are advised that building work which involves work on an existing wall shared with another property, building on the boundary with a neighbouring property or excavating near a neighbouring building may require the separate consent of the neighbour under the provisions of the Party Wall Act. If you require further information or advice please contact the Building Control Section on 01978 292050. Page No 126

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

All works relating to this development which are audible beyond the site boundary should be carried out only between 7.30 and 18.00 hrs Monday to Friday, and 08.00 to 14.00 hrs on a Saturday, and at no time on a Sunday or a Bank Holiday. Outside these times, any works which are audible beyond the site boundary have the potential to cause unreasonable disturbance to neighbouring premises.

The applicant is advised that the Council has the option to control construction noise by serving a Control of Pollution Act 1974, Section 60, Notice where deemed necessary, and failure to comply with such a Notice can result in prosecution.

The applicant should adhere to the times given above wherever possible. For further information and advice regarding construction noise please contact the Council's Housing and Public Protection Department on 01978 315300.

The proposed development lies within an area which could be subject to current coal mining or hazards resulting from past coal mining. Such hazards may currently exist, be caused as a result of the proposed development, or occur at some time in the future. These hazards include:

· Collapse of shallow coal mine workings. · Collapse of, or risk of entry into, mine entries (shafts and adits). · Gas emissions from coal mines including methane and carbon dioxide. · Spontaneous combustion or ignition of coal which may lead to underground heatings and production of carbon monoxide. · Transmission of gases into adjacent properties from underground sources through ground fractures. · Coal mining subsidence. · Water emissions from coal mine workings.

Applicants must take account of these hazards which could affect stability, health & safety, or cause adverse environmental impacts during the carrying out their proposals and must seek specialist advice where required. Additional hazards or stability issues may arise from development on or adjacent to restored opencast sites or quarries and former colliery spoil tips.

Potential hazards or impacts may not necessarily be confined to the development site, and Applicants must take advice and introduce appropriate measures to address risks both within and beyond the development site. As an example the stabilisation of shallow coal workings by grouting may affect, block or divert underground pathways for water or gas.

In coal mining areas there is the potential for existing property and new development to be affected by mine gases, and this must be considered by each developer. Gas prevention measures must be adopted during construction where there is such a risk. The investigation of sites through drilling alone has the potential to displace underground gases or in certain Page No 127

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013 situations may create carbon monoxide where air flush drilling is adopted.

Any intrusive activities which intersect, disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) require the prior written permission of the Coal Authority. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes.

Failure to obtain Coal Authority permission for such activities is trespass, with the potential for court action. In the interests of public safety the Coal Authority is concerned that risks specific to the nature of coal and coal mine workings are identified and mitigated.

The above advice applies to the site of your proposal and the surrounding vicinity. You must obtain property specific summary information on any past, current and proposed surface and underground coal mining activity, and other ground stability information in order to make an assessment of the risks. This can be obtained from The Coal Authority's Property Search Service on 0845 762 6848 or at www.groundstability.com

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LIST OF DELEGATED DECISIONS ISSUED

RUA P/2010/1040 LAND SOUTH OF 6 AFON TERRACE ERECTION OF 6 SEMI-DETACHED DWELLINGS REFUSED RUABON ROAD AFON GOCH on 16/09/2013 RUABON WREXHAM LL14 6PY ESC P/2013/0238 16A Y DDOL WREXHAM CUT DOWN ONE CONIFER TREE PROTECTED GRANTED LL14 4HN BY THE BERSHAM CONSERVATION AREA on 13/09/2013 RUA P/2013/0339 2 OAKLANDS HENRY STREET LISTED BUILDING CONSENT FOR GRANTED RUABON WREXHAM LL14 6NS REPLACEMENT OF EXISTING TIMBER on 11/09/2013 CASEMENT WINDOWS WITH TIMBER SASH WINDOWS TO THE FRONT AND TIMBER CASEMENT WINDOWS TO THE REAR RHO P/2013/0358 FORMER VICARAGE SITE GUTTER REDUCE SIZE OF CROWN BY 1-2M OVER GRANTED HILL JOHNSTOWN WREXHAM LL14 FOOTPATH FROM 1 HORSE CHESTNUT (T3) on 20/09/2013 1LT AND 1 SYCAMORE (T4), REDUCE CROWN OVER GARDEN BY 1-2M FROM HORSE CHESTNUT (T8) AND 1 SYCAMORE (T10) AND REDUCE LIMB SHOWN IN SUBMITTED PHOTOGRAPH BY 3M FROM 1 HORSE CHESTNUT TREE (T29) ROS P/2013/0410 LAND TO THE REAR OF 40 VARIATION OF CONDITION 2 OF PLANNING WITHDRAWN WAVERLEY CRESCENT ROSSETT PERMISSION CODE NO P/2011/0415 TO ALLOW on 27/08/2013 WREXHAM LL12 0EG RE-ORIENTATION ON SITE OF APPROVED BUNGALOW MIN P/2013/0418 TY BRITH FARM TY BRITH ROAD 1. ERECTION OF WOODEN HOT TUB (IN GRANTED PENTRE WREXHAM LL11 RETROSPECT) 2. ERECTION OF WOODEN on 17/09/2013 3DW LOG CUTTING SHED, TACKROOM AND STABLE SHED HOL P/2013/0423 1 RIDLEYWOOD FARM COTTAGES ALTERATIONS TO DWELLING INCLUDING GRANTED HOLT ROAD RIDLEY WOOD PORCH, SUN PIPES, VENT PIPES AND on 04/09/2013 WREXHAM LL13 9US ALTERATIONS TO WINDOWS (IN PART RETROSPECT) COE P/2013/0441 BRYN TYDWR PENYGELLI ROAD TWO STOREY EXTENSION TO REAR OF GRANTED COEDPOETH WREXHAM LL11 3RW PROPERTY on 28/08/2013 BRN P/2013/0446 BOUNDARY GARAGE ELLESMERE CONVERSION OF EXISTING GAMES ROOM GRANTED ROAD BRONINGTON WREXHAM OVER GARAGE INTO SELF CONTAINED FLAT on 21/08/2013 SY13 3HD WRO P/2013/0452 31 PENDINAS WREXHAM LL11 3BQ CONVERSION OF GARAGE TO KITCHEN AND REFUSED PROVISION OF PARKING SPACE TO FRONT OF on 21/08/2013 DWELLING ISY P/2013/0454 ROSE VILLA LOWER ROAD ALTERATIONS AND EXTENSION ABOVE GRANTED BOWLING BANK WREXHAM LL13 GARAGE on 21/08/2013 9RU WRR P/2013/0456 43 GERALD STREET WREXHAM BEDROOM EXTENSION OVER EXISTING REFUSED LL11 1EL LOUNGE on 28/08/2013 WRR P/2013/0458 SAINSBURYS SUPERMARKET PLAS INSTALLATION OF WOOD PELLET BIOMASS GRANTED COCH RETAIL PARK PLAS COCH BOILER TO REAR OF STORE WITHIN EXISTING on 21/08/2013 ROAD WREXHAM LL11 2BA YARD WRO P/2013/0460 SCHOOL PLAYING FIELDS YSGOL PORTACABINS FOR USE AS CHANGING ROOM, GRANTED CLYWEDOG HOMESTEAD LANE KITCHEN, MEETING ROOM, TOILETS AND 2 NO on 23/09/2013 WREXHAM LL13 7UB STORAGE CONTAINERS OVE P/2013/0466 THE GARDENERS COTTAGE RENOVATION OF COTTAGE, OUTBUILDING AND GRANTED KNOLTON HALL OSWESTRY ROAD STABLES TOGETHER WITH FORMATION OF on 28/08/2013 OVERTON WREXHAM LL13 0LG TWO SMALL EXTENSIONS TO COTTAGE OVE P/2013/0467 THE GARDENERS COTTAGE LISTED BUILDING CONSENT FOR RENOVATION GRANTED KNOLTON HALL OSWESTRY ROAD OF COTTAGE, OUTBUILDING AND STABLES on 20/09/2013 OVERTON WREXHAM LL13 0LG TOGETHER WITH FORMATION OF TWO SMALL EXTENSIONS TO COTTAGE BRY P/2013/0468 3 BRYN GWENFRO ERECTION OF ATTACHED GARAGE GRANTED WREXHAM LL11 5SW on 28/08/2013 Page No 129

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

BRO P/2013/0469 BRYNTEG CP SCHOOL MAESTEG EXTENSION TO SCHOOL COMPRISING GRANTED BRYNTEG WREXHAM LL11 6NB CLASSROOM AND CHILDCARE UNIT TO THE on 21/08/2013 GROUND FLOOR AND HEALTH TEAM ACCOMMODATION TO FIRST FLOOR. EXTENSION TO CAR PARK AND PLAYGROUND. LLA P/2013/0470 5 TENTH AVENUE LLAY WREXHAM DEMOLITION OF EXISTING CONSERVATORY GRANTED LL12 0LL AND ERECTION OF TWO STOREY EXTENSION on 21/08/2013 WRR P/2013/0471 2 ORCHARD GARDENS GARDEN REPLACEMENT OF HPPPED KITCHEN ROOF GRANTED VILLAGE WREXHAM LL11 2RS WITH PITCHED ROOF (IN RETROSPECT) on 27/08/2013 WRO P/2013/0473 REGENT SERVICE STATION VARIATON OF CONDITION 9 OF PLANNING GRANTED REGENT STREET WREXHAM LL11 PERMISSION P/2013/0120 RELATING TO on 27/08/2013 1PF DELIVERY HOURS ERB P/2013/0474 CRYMBAL FARM CRABTREE HEIGHT EXTENSION TO EXISTING SLURRY GRANTED GREEN RUABON WREXHAM LL13 TANK AND INSTALLATION OF ANIMAL FEED on 01/09/2013 0YF SILO WRR P/2013/0475 4 PLAS ACTON CLOSE LITTLE ERECTION OF DOUBLE GARAGE AND LAUNDRY GRANTED ACTON WREXHAM LL12 8ED / UTILITY ROOM on 28/08/2013 HOL P/2013/0477 THE GREDINGTON ARMS CROSS VARIATION OF CONDITIONS 14 AND 18 OF GRANTED STREET HOLT WREXHAM LL13 9JD PLANNING PERMISSION CODE NO P/2011/0745 on 28/08/2013 TO ALLOW FOR REVISED BOUNDARY WALLS AND HARD LANDSCAPING GRE P/2013/0478 13 MEADOWS VIEW CONSTRUCTION OF SINGLE STOREY GRANTED WREXHAM LL12 8LS EXTENSION AT REAR OF PROPERTY ADDITION on 28/08/2013 OF PITCHED ROOFS TO DORMERS CHI P/2013/0480 RICHARD BURBIDGE LTD UNIT 23 EXTENSIONS TO EXISTING FACTORY GRANTED CANAL WOOD INDUSTRIAL ESTATE on 03/09/2013 CHIRK WREXHAM LL14 5RL GRE P/2013/0482 4 LAKESIDE CLOSE HIGH STREET ALTERATIONS AND EXTENSIONS GRANTED WREXHAM LL12 8PG on 28/08/2013 WRO P/2013/0484 13 POPLAR ROAD WREXHAM LL13 REPLACEMENT OF EXISTING FRONT GRANTED 7DG ELEVATION WINDOWS on 06/09/2013 WRO P/2013/0487 24 FFORDD MAILYN WREXHAM ERECTION OF BOUNDARY FENCE (IN GRANTED LL13 7JB RETROSPECT) on 22/08/2013 GWE P/2013/0488 ALYN WATERS COUNTRY PARK INSTALLATION OF OFFICE CONTAINER GRANTED MOLD ROAD GWERSYLLT on 28/08/2013 WREXHAM LL11 4AG MAR P/2013/0490 16 THE GROVE EXTENSION TO DWELLING GRANTED WREXHAM LL13 0RS on 28/08/2013 BRN P/2013/0492 FOREST NURSERIES LTD EXTENSION TO EXISTING AGRICULTURAL GRANTED ELLESMERE ROAD BRONINGTON BUILDING TO IMPROVE COLD STORAGE on 22/08/2013 WREXHAM SY13 3HZ CAPACITY WRA P/2013/0494 23 BIESTON CLOSE WREXHAM SINGLE STOREY REAR EXTENSION GRANTED LL13 9SZ on 06/09/2013 LGC P/2013/0495 EFRYDFA NEW ROAD GLYN ERECTION OF BUNGALOW TO REAR OF GRANTED CEIRIOG LLANGOLLEN WREXHAM DWELLING on 04/09/2013 LL20 7HE WRR P/2013/0496 BRITANNIA BUILDING SOCIETY 10 2 NO. INTERNALLY ILLUMINATED FASCIA SIGNS GRANTED EGERTON STREET WREXHAM AND 1 NO. INTERNALLY ILLUMINATED on 28/08/2013 LL11 1LW PROJECTING SIGN ROS P/2013/0497 38 TREVALYN WAY ROSSETT KITCHEN AND SUN LOUNGE EXTENSION GRANTED WREXHAM LL12 0EJ on 22/08/2013 Page No 130

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

LGC P/2013/0498 CEIRIOG MEMORIAL INSTITUTE LISTED BUILDING CONSENT FOR GRANTED HIGH STREET INSTALLATION OF 16 (4KW) SOLAR on 12/09/2013 WREXHAM LL20 7EH PHOTOVOLTAIC PANELS ON THE SNOOKER ROOM ROOF COE P/2013/0499 2 VICTORIA ROAD COEDPOETH CONSTRUCTION OF GARAGE GRANTED WREXHAM LL11 3SF on 27/09/2013 GRE P/2013/0500 5 MYRTLE ROAD MARFORD REMOVAL OF EXISTING CONSERVATORY AND GRANTED WREXHAM LL12 8LY ERECTION OF KITCHEN / SUN LOUNGE on 06/09/2013 EXTENSION TO REAR WRC P/2013/0506 MECCA BINGO CLUB SMITHFIELD DISPLAY OF SIX LIGHT-BOX GRANTED ROAD WREXHAM LL13 8EN ADVERTISEMENTS (EACH SIGN 1.75M HIGH X on 04/09/2013 1.26M WIDE) MAE P/2013/0507 TARALOKA ROAD RETENTION OF WOODEN CABIN FOR GRANTED BETTISFIELD WREXHAM SY13 2LD CONTINUED USE AS MEDITATION ROOM on 22/08/2013 (PREVIOUSLY AUTHORISED UNDER REFERENCE NO P/2006/1348) BRO P/2013/0508 10 CHERRY FIELD PENTRE PRUNE ONE SYCAMORE (T2) PROTECTED BY GRANTED BROUGHTON WREXHAM LL11 6JF TPO WCBC 71 BY REMOVING CROWN on 14/09/2013 OVERHANG BY 1M FROM EDGE OF CONSERVATORY AS SHOWN ON SUBMITTED PICTURE REF B AND REMOVE NEW GROWTHY BELOW RED LNE AS SHOWN ON SUBMITTED PICTURE REF A BRN P/2013/0510 THE GRANGE GRANGE ROAD SINGLE STOREY EXTENSION TO DWELLING GRANTED BRONINGTON WHITCHURCH AND ERECTION OF BOUNDARY WALL on 22/08/2013 WREXHAM SY13 3HL WRR P/2013/0511 OPPOSITE THE GUILDHALL REMOVE 2 LOWEST LIMBS AT SOUTHERN GRANTED QUEENS SQUARE RHOSDDU ROAD EXTREMITY OF CROWN FROM ONE NORWAY on 14/09/2013 WREXHAM LL11 1AU MAPLE (T1) PROTECTED BY DENBIGHSHIRE TPO NO. 12. WRA P/2013/0512 GRASS VERGE OUTSIDE NOS 53 REMOVE EPICORMIC GROWTH TO A HEIGHT GRANTED AND 55 OAK DRIVE ACTON OF 5M ON STEM FROM 1 LIME (T1) AND CROWN on 14/09/2013 WREXHAM LL12 7NG LIFT OVER GARDENS AND FOOTWAY BY 4M AND REMOVE EPICORMIC GROWTH FROM STEM TO A HEIGHT OF 4M FROM 1 OAK (T2) LLA P/2013/0513 3 TENTH AVENUE LLAY WREXHAM REAR FIRST FLOOR EXTENSION - GRANTED LL12 0LL (AMENDMENT TO DEVELOPMENT GRANTED on 22/08/2013 PERMISSION UNDER CODE NO P/2013/0182) (IN RETROSPECT) RUA P/2013/0514 DUKE OF WELLINGTON DUKE ERECTION OF EXTERNAL CANOPY (IN GRANTED STREET RUABON WREXHAM LL14 RETROSPECT) on 06/09/2013 6DE WRC P/2013/0518 3 CHARLES STREET WREXHAM CHANGE OF USE FROM CLASS A1 (SHOPS) TO GRANTED LL13 8BT A2 (FINANCIAL AND PROFESSIONAL SERVICES) on 04/09/2013 CEF P/2013/0520 27 TREFYNANT PARK ACREFAIR LAWFUL DEVELOPMENT CERTIFICATE FOR GRANTED WREXHAM LL14 3SR EXISTING GARAGE on 23/08/2013 WRA P/2013/0521 29 LITTLE ACTON DRIVE SINGLE STOREY EXTENSION GRANTED WREXHAM LL12 8DH on 25/09/2013 HOL P/2013/0523 3 LAUREL GROVE BARNS HOLT SUN LOUNGE EXTENSION REFUSED ROAD RIDLEY WOOD WREXHAM on 28/08/2013 LL13 9US RHO P/2013/0526 CLYDFAN HALL STREET TWO STOREY SIDE EXTENSION GRANTED RHOSLLANERCHRUGOG WREXHAM on 22/08/2013 LL14 2LG GRE P/2013/0527 BARNHILL HOUSE HILLOCK LANE DEMOLITION OF EXISTING STORES AND GRANTED GRESFORD WREXHAM LL12 8YL ERECTION OF SINGLE STOREY EXTENSION on 09/09/2013 INCORPORATING GARDEN ROOM/HOME OFFICE, DRESSING ROOM AND ENSUITE Page No 131

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT - 7 October 2013

WRO P/2013/0529 ST ANDREWS HOUSE ELLICE WAY PART CHANGE OF USE OF GROUND FLOOR (2 GRANTED WREXHAM LL13 7YL NO ROOMS) FROM B1 OFFICES TO COMMUNAL on 28/08/2013 ROOM/DAY CENTRE AND FOOT AND NAIL CARE ROS P/2013/0530 ROSSLYN BURTON ROAD BURTON TWO STOREY EXTENSION COMPRISING OF GRANTED ROSSETT WREXHAM LL12 0HY MASTER BEDROOM WITH EN-SUITE, on 04/09/2013 PLAYROOM, OPEN PLAN KITCHEN AND REPLACEMENT GARAGE WRR P/2013/0531 12 EGERTON WALK WREXHAM SINGLE STOREY EXTENSION TO REAR OF GRANTED LL11 2PY PROPERTY on 20/09/2013 ROS P/2013/0533 2 PARK COURT HARWOODS LANE REAR SINGLE STOREY EXTENSION TO FORM GRANTED ROSSETT WREXHAM LL12 0HD BREAKFAST / MORNING ROOM on 20/09/2013 ROS P/2013/0534 5 GUN STREET ROSSETT REPLACE WINDOWS AND FRONT DOOR, GRANTED WREXHAM LL12 0HR EXTERIOR TO BE PAINTED IN PALE CREAM on 09/09/2013 AND ERECTION OF BLACK WROUGHT IRON GATE GLY P/2013/0535 SION CHAPEL PENBRYN HILL CHANGE OF USE AND CONVERSION OF REFUSED LLANGOLLEN EXISTING DISUSED FORMER CHAPEL TO 3 on 03/09/2013 WREXHAM LL20 7AS BEDROOMED DWELLING BRO P/2013/0536 TYN Y CWM PENDWLL ROAD MOSS OUTLINE APPLICATION FOR DEMOLITION OF REFUSED WREXHAM LL11 6EU EXISTING DOUBLE GARAGE AND ERECTION OF on 17/09/2013 2 NO. DWELLINGS AND ASSOCIATED PARKING GRE P/2013/0537 1 ACHILL THE GREEN GRESFORD FELL ONE TWIN-STEMMED HOLLY TREE GRANTED WREXHAM LL12 8RG PROTECTED BY GRESFORD CONSERVATION on 09/09/2013 AREA GRE P/2013/0538 23 CLAYPIT LANE GRESFORD FIRST FLOOR BEDROOM EXTENSION ABOVE GRANTED WREXHAM LL12 8PB EXISTING STRUCTURE, FRONT PORCH AND on 17/09/2013 SUNROOM STYLE GARDEN SHED TO REAR GARDEN ROS P/2013/0539 CANTREF GAMFORD LANE TWO STOREY REAR EXTENSION WITH SINGLE GRANTED ROSSETT WREXHAM LL12 0EW STOREY LEAN TO. REPLACE EXISTING FLAT on 27/09/2013 ROOF WITH PITCHED ROOF. ESC P/2013/0543 BERTHENGRON FARM CHANGE OF USE OF FARM LAND AND REFUSED WREXHAM LL14 4LG BUILDINGS TO TIMBER PROCESSING AND on 27/09/2013 STORAGE WRR P/2013/0544 SAINSBURYS SUPERMARKET PLAS INSTALLATION OF 2 NEW DUEL TEMPERATURE GRANTED COCH RETAIL PARK PLAS COCH COMPRESSOR PACKS AND ASSOCIATED on 04/09/2013 ROAD WREXHAM LL11 2BA HOUSED PACKS / GAS COOLER UNITS TO BE INSTALLED WITHIN THE EXISTING ROOF. LGC P/2013/0546 PLAYING FIELD AT YSGOL ERECTION OF THREE FLOODLIGHTING POLES GRANTED CYNDDELW COUNTY PRIMARY NEW ON SCHOOL PLAYING FIELD FOR JUNIOR on 09/09/2013 ROAD GLYN CEIRIOG LLANGOLLEN RUGBY TRAINING WREXHAM LL20 7HH ISY P/2013/0553 LLOYDS ANIMAL FEEDS ROOF EXTENSION GRANTED (WESTERN) LTD BRIDGE ROAD on 20/09/2013 NORTH WREXHAM INDUSTRIAL ESTATE WREXHAM LL13 9PS GRE P/2013/0554 ALL SAINTS CHURCH CLAPPERS CROWN RAISE TO 2M AND REMOVE DAMAGED GRANTED LANE GRESFORD WREXHAM LL12 LIMBS FROM 1 CEDAR TREE (14), CROWN on 24/09/2013 8RW RAISE OVER HIGHWAY TO 5.2M 1 YEW (T16), REMOVE LIMB OVER GRAVESTONES FROM 1 YEW (T23), CROWN RAISE OVER PARKING AREAS TO 3M 9 YEWS (T27 TO T36) AND CROWN RAISE TO 5.2M OVER HIGHWAY AND REMOVE BROKEN LIMB OVER GATE FROM 1 YEW (T41) ISY P/2013/0555 R & R ENGINEERING OAK ROAD INSTALLATION OF STEEL PALISADE FENCE GRANTED WREXHAM INDUSTRIAL ESTATE AND GATES on 17/09/2013 WREXHAM LL13 9RG Page No 132

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WRR P/2013/0556 11 GROSVENOR ROAD WREXHAM CROWN RAISE AND REMOVE EPICORMIC GRANTED LL11 1BS GROWTH ANNUALLY FOR A PERIOD OF FIVE on 20/09/2013 YEARS TO A HEIGHT WHERE THE STEMS TRIFURCATES (AS SHOWN ON SUBMITTED PHOTOGRAPHS) FROM 2 LIMES T30 AND T31) PROTECTED BY TPO WMBC NO 11 WRR P/2013/0557 11 GROSVENOR ROAD WREXHAM CUT BACK HOLLY AND SILVER BIRCH TREES IN GRANTED LL11 1BS AREA 1 BACK TO THE BOUNDARY WALL AND on 25/09/2013 CROWN RAISE AND REDUCE CROWN FROM 1 HOLLY (T4) BACK TO THE POINTS SHOWN IN THE SUBMITTED PHOTOGRAPHS. RHO P/2013/0558 BIRMINGHAM HOUSE MARKET INSTALLATION OF EXTERNAL ROLLER GRANTED STREET RHOSLLANERCHRUGOG SHUTTERS on 04/09/2013 WREXHAM LL14 1AF MAR P/2013/0560 HIGHFIELD FARM OVERTON ROAD EXTENSION TO DWELLING GRANTED MARCHWIEL WREXHAM LL13 0TE on 27/09/2013 RUA P/2013/0562 BOWLING GREEN MAES Y LLAN ERECTION OF 4 NO STEEL SHELTERS GRANTED LANE RUABON WREXHAM LL14 6BL on 09/09/2013 WRR P/2013/0563 22 CLARENCE ROAD WREXHAM SINGLE STOREY EXTENSION TO REAR GRANTED LL11 2EU on 16/09/2013 ROS P/2013/0564 WOODLANDS CHESTER ROAD ERECTION OF GARDEN SUMMERHOUSE (IN GRANTED ROSSETT WREXHAM LL12 0DL RETROSPECT) on 04/09/2013 MAE P/2013/0576 LAND TO THE REAR AND WEST OF 11KV OVERHEAD LINE (IN RETROSPECT) GRANTED POTTER COTTAGE BETTISFIELD on 17/09/2013 ROAD BETTISFIELD WHITCHURCH SY13 2LB WRR P/2013/0579 161 CHESTER ROAD WREXHAM SINGLE-STOREY REAR SUN LOUNGE REFUSED LL11 2SW EXTENSION on 17/09/2013 ROS P/2013/0580 3 CLUB HOUSES THE GREEN DEMOLITION OF EXISTING GARAGE AND WITHDRAWN ROSSETT WREXHAM LL12 0EB OFFICE AND ERECTION OF ANCILLARY on 27/09/2013 ACCOMMODATION FOR DEPENDANT RELATIVE CHI P/2013/0582 GREENACRES GREEN LANE CHANGE OF USE OF DOMESTIC GARAGE TO REFUSED HALTON CHIRK WREXHAM LL14 DOG GROOMING PARLOUR (IN RETROSPECT) on 27/09/2013 5BG WRR P/2013/0584 FORMER CHAPEL NEW ROAD ERECTION OF GARAGE REFUSED RHOSDDU WREXHAM LL11 2HD on 27/09/2013 CEF P/2013/0585 UNIT G9 WHEATSHEAF CHANGE OF USE FROM WORKSHOP TO PET GRANTED WORKSHOPS HIGH STREET GROOMING STUDIO. on 17/09/2013 WREXHAM LL14 3YE WRR P/2013/0587 LEAHURST 2 FOSTER ROAD SINGLE STOREY EXTENSION TO REAR AND GRANTED WREXHAM LL11 2LT ERECTION OF DETACHED GARAGE on 17/09/2013 WRA P/2013/0588 7 ALYNDALE ROAD ACTON SINGLE-STOREY EXTENSION TO REAR OF GRANTED WREXHAM LL12 8DL PROPERTY on 17/09/2013 HOL P/2013/0589 7 CHAPEL STREET HOLT REMOVAL OF EXISTING TIMBER DOOR TO SIDE GRANTED WREXHAM LL13 9DJ ELEVATION AND REPLACEMENT WITH NEW on 27/09/2013 WHITE UPVC DOOR COE P/2013/0594 37 CASTLE ROAD COEDPOETH TWO STOREY SIDE EXTENSION AND GRANTED WREXHAM LL11 3NU CONSERVATORY TO REAR on 27/09/2013 WRR P/2013/0607 BLOCKS C AND D CAMBRIAN APPROVAL OF DETAILS OF PRIOR GRANTED WORKS STATION APPROACH NOTIFICATION FOR DEMOLITION OF BLOCKS C on 27/09/2013 WREXHAM LL11 2NY AND D