Public Document Pack

Head of Corporate and Customer Services/ Pennaeth Gwasanaethau Cwsmeriaid a Chorfforaethol Trevor Coxon LLB (Hons) Birm Solicitor

Guildhall, Wrexham, LL11 1AY Neuadd y Dref, Wrecsam, LL11 1AY DX: 721924 - WREXHAM 4 Fax/Ffacs: 01978 292207 BT Text Phone: 01978 292067 www.wrexham.gov.uk www.wrecsam.gov.uk

Your Ref/Eich Cyf Our Ref/Ein Cyf Date/Dyddiad Tuesday, 22 July 2014 Ask for/Gofynner am Ken Bickerton Direct Dial/Rhif Union 01978 292242 E-mail/E-bost [email protected]

Dear Councillor

You are requested to attend a MEETING of the PLANNING COMMITTEE of Wrexham County Borough Council to be held in the COUNCIL CHAMBER, GUILDHALL, WREXHAM on MONDAY, 28 JULY 2014 at 6.30 pm for the transaction of the business specified below.

Yours faithfully

Head of Corporate and Customer Services

A G E N D A

1 Apologies for Absence

2 Confirmation of Minutes To receive and confirm the Minutes of the following meetings:

(i) Planning Committee held on 7 July 2014 (Pages 3 – 15 ) (ii) Planning Committee held on 18 July 2014 (Pages 17 – 22)

3 Declarations of Personal Interest, if any

4 Development Control Applications To consider the report of the Head of Community Wellbeing and Development (Pages 23 - 144)

5 Any other item s which the Chair decides are urgent

TO: MEMBERS OF THE PLANNING COMMITTEE

Councillor Andrew Bailey Councillor M G Morris (Chair) “ I David Bithell, MBE “ Paul Pemberton “ Mike Edwards (Vice-Chair) “ Ronnie Prince “ Terry Evans “ John Pritchard “ A Keith Gregory “ Mrs J M B Roberts “ D J Griffiths “ Graham Rogers “ Kevin Hughes “ Paul Rogers “ J A Kelly KSG “ Barbara Roxburgh “ David Kelly “ Malcolm Taylor “ Bernie McCann “ Andy Williams

Agenda Item 2

MINUTES OF A MEETING OF THE PLANNING COMMITTEE HELD AT THE GUILDHALL, WREXHAM ON MONDAY, 7 JULY 2014

MEMBERS

Councillor M.G. Morris, Chair Councillor Mike Edwards, Vice-Chair

Councillor Andrew Bailey Councillor * Paul Pemberton “ I. David Bithell, MBE “ Ronnie Prince “ * Terry Evans “ John Pritchard “ Keith Gregory “ Mrs J.M.B. Roberts “ D.J. Griffiths “ Graham Rogers “ Kevin Hughes “ Paul Rogers “ David Kelly “ Barbara Roxburgh “ J.A. Kelly, KSG “ Malcolm Taylor “ Bernie McCann “ Andy Williams

* Absent

Also Present: Councillors R. Alun Jenkins, O. Arfon Jones, Joan Lowe, Mark Pritchard, Lead Member for Planning and Housing, Carole O’Toole MBE and J.R. Skelland.

6. APOLOGIES FOR ABSENCE

Apologies for absence were submitted on behalf of Councillors Terry Evans and Paul Pemberton.

7. MINUTES

The Minutes of the Meeting held on 2 June 2014 were submitted.

RESOLVED – That the Minutes of the Meeting held on 2 June 2014 be received and confirmed as a correct record.

8. INSTALLATION OF SOLAR PANELS AND ASSOCIATED EQUIPMENT TO ENABLE ENERGY GENERATION AND CONNECTION TO NATIONAL GRID ON LAND EAST OF BRONWYLFA RESERVOIR AND NORTH OF LEGACY SUBSTATION, ABEROER ROAD, ABEROER, WREXHAM (APPLICATION CODE NO. P/2014/0207)

The Head of Community Wellbeing and Development submitted a report (HCWD/20/14 pages 25 – 39), together with a further addendum report in respect of the above-mentioned application.

Mr Ken Rowlands (representing local resident) spoke against the application.

RESOLVED – That a Site Visit be arranged for Members of the Committee to view the application site prior to determination of the application by the Committee.

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Reason for Visit: To consider the visual impact of the proposed development upon the landscape and its relationship to neighbouring development.

(Councillor D.J. Griffiths declared a personal but non-prejudicial interest in this matter, as the person speaking against the application was known to him, but stayed in the meeting and took part in the consideration of the application).

9. ERECTION OF DETACHED GARAGE AT PEAR TREE COTTAGE, MILL LANE, HORSEMAN’S GREEN, WREXHAM (APPLICATION CODE NO. P/2014/0293)

The Head of Community Wellbeing and Development submitted a report (HCWD/20/14 pages 40 – 44), together with a further addendum report in respect of the above-mentioned application.

Mr M. Faulkner (local resident) spoke against the application.

RESOLVED – That a Site Visit be arranged for Members of the Committee to view the application site prior to determination of the application by the Committee.

Reason for Visit: To consider the impact of the proposed garage on the street scene.

10. PLANNING APPLICATIONS

The Head of Community Wellbeing and Development submitted a report (HCWD/20/14), for Members’ consideration of planning applications and attention was drawn to his addendum report where relevant. ______

APPLICATION NO: LOCATION: DATE RECEIVED: P/2014/0112 2 Briar Close, Cross Lanes, Wrexham 27/02/2014 LL13 0QB COMMUNITY: CASE OFFICER: Sesswick DESCRIPTION: SEH Change of use of existing Garage to WARD: Granny Annex and raising of Garage AGENT NAME: Marchwiel Roof to incorporate an Ensuite Mr B Smith Bedroom in the Roof Space

APPLICANT(S) NAME: Mr A Greenhalgh ______

RESOLVED - That permission be GRANTED.

Conditions

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.

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3. The development shall only be carried out in strict accordance with the amended plans. 4. The existing vehicular parking area fronting the site shall be permanently retained and kept free of any obstruction and shall be made available solely for the parking of motor vehicles at all times. 5. 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 buildings (to include garages, sheds, greenhouses, outbuildings etc) shall be erected, or placed within the curtilage of the site under Class E of Schedule 2 Part 1.

Reasons

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 that the development fully complies with the appropriate policies and standards. 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. Due to the restricted application site and its relationship with adjoining properties it is considered important to ensure that no additional development as described in the condition is carried out without the permission of the Local Planning Authority.

Notes to Applicant

1. All works relating to this development which are audible beyond the site boundary should be carried out only between 7.30 hours and 18.00 hours Monday to Friday, and 08.00 hours to 14.00 hours 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. 2. 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. 3. 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. 4. 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.

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· 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. 5. 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. 6. 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. 7. 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. 8. 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 Planning Control Manager declared a personal and prejudicial interest in this matter and left the meeting whilst the application was being considered). ______

APPLICATION NO: LOCATION: DATE RECEIVED: P/2014/0113 70 Poyser Street, Wrexham, 04/03/2014 LL13 7RT COMMUNITY: CASE OFFICER: Offa DESCRIPTION: KH Change of Use of Part of Retail WARD: Premises to Cafe AGENT NAME: Offa Mr L Neves APPLICANT(S) NAME: Mr L Neves ______

The Local Member (Councillor R Alun Jenkins) stated that the premises were attached to a residential property and located in close proximity to numerous other residential

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properties. In January 2013, a temporary permission had been granted to change part of the retail floor area to café use and this application sought to make this change permanent. During this period, the Planning Department have dealt with several complaints raised by adjoining residents regarding general noise and disturbance associated with the café use. As further complaints have recently been received with regard to the use and hours of opening of the café facility, he could not support the granting of a permanent permission. However, he was supportive of the officer recommendation, as set out in the Addendum Report, to grant a further temporary permission for 12 months to allow the situation to be monitored and recommended accordingly.

The Committee agreed with the views expressed by the Local Member.

RESOLVED - That permission be GRANTED.

Conditions

1. The premises shall not be used for any purpose within Class A3 of the Schedule to the Town and Country Planning (Use Classes) Order 1987 (or any statutory instrument revoking and re-enacting that Order with or without amendment) other than a restaurant/cafe ancillary to the retail store as detailed on the approved floor plan. For the avoidance of doubt, no hot food or drinks shall be sold for consumption off the premises. 2. The use of the premises as a cafe hereby approved shall be restricted to the area shown hatched red on the approved floor plan. The remainder of the premises shall remain as A1 retail use and there shall be no additional cafe/seating area provided anywhere within the building or externally on any part of the site. 3. No use of the development shall be made before 8.00am or after 8.00pm Monday to Saturday and at no time on a Sunday or Bank Holiday. 4. 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. 5. Details of the means of ventilation for the extraction and dispersal of cooking smells, including details of its method of construction, odour control measures, its appearance and finish shall be submitted to and approved, in writing, by the Local Planning Authority. The approved details shall be fully implemented within three months of the date of this decision. 6. There shall be no vehicular parking on the forecourt fronting onto Poyser Street. 7. The use hereby permitted shall cease and be abandoned not later than 7 th July 2015. 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.

Reasons

1. The unrestricted use of the premises for any purpose within Class A3 in the Schedule of the Town and Country Planning (Use Classes) Order 1987 would prejudice the amenities of the occupiers of nearby properties, be contrary to Page 7

Council Policy in respect of the siting of hot food takeaways within 400 metres of a school and would be to the detriment of highway safety. 2. To protect the amenity of the occupiers of nearby properties. 3. To ensure that the premises is not used at a time which would be likely to cause nuisance or disturbance to nearby residents. 4. To protect the amenities of the occupiers of nearby properties. 5. To protect the amenities of the occupiers of nearby properties. 6. In the interests of highway safety. 7. To assess the impact of the café use upon neighbouring residential amenity. 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.

Note to Applicant

1. For the avoidance of doubt, no external tables and chairs are approved as part of this permission, and the café use as allowed is strictly limited to an indoor area only. 2. You are advised that a further temporary permission has been granted to allow the Council a further opportunity to assess the impact of the café upon neighbouring residential amenity. The Council’s decision to issue a permanent permission therefore will be determined by the applicant’s willingness to adhere to planning conditions and to operate the premises in a manner which is not prejudicial to existing residential amenity of neighbouring dwellings. ______

APPLICATION NO: LOCATION: DATE RECEIVED: P/2014/0207 LIDL UK GMBH, Salop Road, 26/03/2014 Wrexham, LL13 7AF COMMUNITY: CASE OFFICER: Offa DESCRIPTION: PF Variation of Condition 10 of Planning WARD: Decision P/2003/0989 to allow site AGENT NAME: Erddig deliveries on Sundays and Bank LIDL UK GMBH Holidays within the hours of 19.00 to Mr Ed Whalley 21.00

APPLICANT(S) NAME: LIDL UK GMBH ______

During consideration of the application, several Members indicated their objection to the proposed extension of hours as, in their opinion, this would result in an increase in noise and disturbance and have a detrimental impact on the amenity of occupiers of neighbouring residential properties and suggested that the application be refused. This was agreed by the Committee.

RESOLVED - That permission be REFUSED.

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Reason

The proposed extension of hours to allow deliveries on Sundays and Bank Holidays within the hours of 19.00 to 21.00 would result in an unacceptable increase in noise and disturbance, with a detrimental impact upon the living conditions of neighbouring residential properties, which lie in close proximity of the site. To allow the proposed development would be contrary to UDP policy GDP1. ______

APPLICATION NO: LOCATION: DATE RECEIVED: P/2014/0251 Woodview, Brynisa Road, Brynteg, 10/04/2014 Wrexham, LL11 6NP COMMUNITY: CASE OFFICER: Broughton DESCRIPTION: JS Sub-Division of Woodview (One WARD: Dwelling into Two Dwellings AGENT NAME: New Broughton Blueprint APPLICANT(S) NAME: Architectural Services Shield Developments Limited ______P/2014 /0251 RESOLVED - That permission be GRANTED.

Conditions

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 (or any order revoking, enacting that Order with or without modification), no extensions or additions to the dwellings as approved shall be erected under Classes A and B of Schedule 2 Part 1. 3. 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. 4. The vehicular parking and turning areas as shown on approved Drawing No. SO39/007 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 motor vehicles at all times. 5. 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.

Reasons

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure adequate off-street car parking and servicing facilities in the interests of both highway safety and visual amenity. 3. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety.

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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 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.

Note to Applicant

With regards to Condition No. 2 above, you are advised to consider the latest amendment to that Order - called the Town and Country (General Permitted Development) (Amendment) (Wales) Order 2013. ______

APPLICATION NO: LOCATION: DATE RECEIVED: P/2014/0313 Meadow Lane Nurseries, Meadow 03/05/2014 Lane, Rossett, Wrexham, LL12 0BT COMMUNITY: CASE OFFICER: Rossett DESCRIPTION: MP Erection of Extension to Workshop (in WARD: retrospect) for repairing Tractors and AGENT NAME: Rossett Farm Machinery Miles Designs Mr S H Miles APPLICANT(S) NAME: Mr A Francis ______P/2014 /0313 Ms Katherine Lowe (resident) had given notice of her intention to speak against the application but was not present at the meeting.

During consideration of the application, the Chair suggested that, if the Committee was minded to grant permission, in the interests of residential amenity and to protect the character of the Special Landscape Area, a further condition be included to provide for the extension to be used only for storage and repair, ancillary to the use of the dwelling and should not be used for any other commercial or business use. This was agreed by the Committee.

RESOLVED - That permission be GRANTED.

Conditions

1. Within three months of the date of this permission, oil and petrol interceptors shall be installed in accordance with details that shall first have been submitted to and approved in writing by the Local Planning Authority. The oil and petrol interceptors shall thereafter be retained. 2. The extension to the existing workshop subject of this planning permission shall remain as shown in the photographs and plans submitted with the planning documents, unless first approved in writing with the local planning authority. For the avoidance of doubt, no further extensions, alterations to height, or additional door or window openings shall be inserted in the building at any time in the future.

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3. Within three months of the date of this permission, the extension shall be clad or faced in accordance with details that shall first have been submitted to and approved in writing by the Local Planning Authority. 4. The extension shall be used only for storage and repair, ancillary to the use of the dwelling and shall not be used for commercial use or any other business.

Reasons

1. In the interests of protecting controlled waters from pollution. 2. To protect the amenities of the occupiers of nearby properties. 3. In the interests of the appearance of the site. 4. In the interests of residential amenity and to protect the character of the Special Landscape Area.

Note to Applicant

You are advised to take account of the Natural Resources Wales letter of 11 June 2014 in respect of oil storage and flood risk. ______

APPLICATION NO: LOCATION : DATE RECEIVED: P/2014/0352 Junction of Clapper Lane and Chester 20/05/2014 Road, Gresford, Wrexham, LL12 8PS COMMUNITY: CASE OFFICER: Gresford DESCRIPTION: PF Installation of Sculpture on Traffic WARD: Island AGENT NAME: Gresford East & West Gresford Community APPLICANT(S) NAME: Council Gresford Community Council Mr Maurice Paddock ______

RESOLVED - That permission be GRANTED.

Conditions

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. A visibility splay of 2.4 metres by 56 metres in a south westerly direction measured to the nearside edge of the adjoining highway shall be provided and maintained at the Clappers Lane/Chester Road junction. Within this splay 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 permanently maintained clear of any obstruction to visibility.

Reasons

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that adequate visibility is provided at the proposed point of access to the highway.

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Note to Applicant

The applicant is required to enter into a Section 115 Agreement under the Highways Act 1980 whereby permission for the siting/construction of such a development is granted but maintenance remains the responsibility of the applicant. Should the sculpture/structure no longer be required in the future, then the applicant will be required to remove it and reinstate the area of the highway to its original layout.

(Councillor Andrew Bailey declared a personal and prejudicial interest in this matter, being a Member of Gresford Community Council (applicant), and left the meeting whilst the application was being considered).

Councillor Mike Edwards declared a prejudicial interest in this matter, being a Member of Gresford Community Council (applicant), and left the meeting whilst the application was being considered). ______

APPLICATION NO: LOCATION: DATE RECEIVED: P/2014/0353 17 Yew Tree Court, Gresford, 20/05/2014 Wrexham, LL12 8ET COMMUNITY: CASE OFFICER: Gresford DESCRIPTION: SEH First-floor extension over existing WARD: Garage and single-storey rear AGENT NAME: Gresford East & West extension Peak Architectural Mr Paul Kent APPLICANT(S) NAME: Mr Ian Holmes ______

RESOLVED - That permission be GRANTED.

Conditions

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. 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 windows or other openings shall be inserted in any elevation of the building. 4. The existing boundary hedges, walls and fencing along the boundary with No. 5 Holly Court shall be permanently retained at a height not less than 2 metres. The boundary treatment shall only be replaced by hedging, fencing or brick wall of a height not less than 2 metres.

Reasons

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. Page 12

4. To protect the amenities of the occupiers of nearby properties.

Notes to Applicant

1. The permission hereby granted does not authorise encroachment upon, or interference with, the adjoining property. 2. 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. 3. All works relating to this development which are audible beyond the site boundary should be carried out only between 7.30 hours and 18.00 hours Monday to Friday, and 08.00 to 14.00 hours 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. 4. 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. 5. 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. ______

APPLICATION NO: LOCATION: DATE RECEIVED: P/2014/0362 49 Kingsmills Road, Hightown, 21/05/2014 Wrexham, LL13 8NL COMMUNITY: CASE OFFICER: Caia Park DESCRIPTION: MP Variation to Condition imposed under WARD: Planning Permission WRC 21395 to AGENT NAME: Smithfield allow premises to be open from 08.00 Mr Avtar Bungar hours - 20.00 hours Monday to Sunday as required by Post Office Ltd

APPLICANT(S) NAME: Mr Avtar Bungar ______P/2014 /0362 RESOLVED - That permission be GRANTED.

Conditions

1. No use of the premises shall be made before 8:00 hours or after 20:00 hours on any day. 2. No goods shall be kept, stored, sold or displayed for sale, hire, lease or rental outside of the building.

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Reasons

1. To ensure that the premises is not used at a time which would be likely to cause a nuisance or disturbance to nearby residents. 2. In the interests of the amenities of occupiers of nearby properties. ______

APPLICATION NO: LOCATION: DATE RECEIVED: P/2014/0394 Telecommunications Mast, Park 28/05/2014 Avenue, Acton, Wrexham, LL12 7AN COMMUNITY: CASE OFFICER: Acton DESCRIPTION: MP Telecommunication notification for prior WARD: approval - removal of 15 metre high AGENT NAME: Maesydre column / antenna and replacement with WHP Wilkinson Helsby 15 metre high monopole and antenna and Mr Damian Hosker installation of new equipment cabinet.

APPLICANT(S) NAME: CTIL ______P/2014 /0394 The Local Member (Councillor Carole O’Toole MBE), whilst accepting the need for an efficient telecommunications infrastructure asked Members to consider the visual impact of the proposed equipment cabinet on the existing street scene due to its size and scale. In addition, the siting of the equipment cabinet could increase the risk of anti-social behaviour occurring at this location.

RESOLVED – That prior approval be GIVEN. ______

APPLICATION NO: LOCATION: DATE RECEIVED : P/2014/0395 Telecommunications, Base Station, Holt 28/05/2014 Road, Wrexham, LL13 9DY COMMUNITY: CASE OFFICER: Caia Park DESCRIPTION: MP Telecommunication notification for prior WARD: approval - new 15 metre high single AGENT NAME: Wynnstay monopole column and antenna, removal WHP Wilkinson Helsby of existing monopole and foundations and Mr Damian Hosker installation of new equipment cabinet

APPLICANT(S) NAME: CTIL ______

RESOLVED - That prior approval be GIVEN.

Condition

That existing mast shall be removed not later than one month of the first use of the mast hereby approved.

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Reason

In the interests of the visual amenity of the area.

11. TREE PRESERVATION ORDER – WREXHAM COUNTY BOROUGH COUNCIL 219 (2014) (BRONINGTON), WREXHAM

The Head of Community Wellbeing and Development submitted a report (HCWD/22/14), which enabled consideration to be given to written representations made in respect of Tree Preservation Order (TPO) No. 219 (2014) served on three oak trees located on land at Station Road, Bangor-on-Dee, Wrexham.

Mr J. Evans (co-owner of adjacent land) spoke against the confirmation of the Order.

RESOLVED – That the Wrexham County Borough Council Tree Preservation Order No. 219 (2014) Land at Station Road, Bangor-on-Dee, Wrexham be confirmed without modification.

Councillor M G Morris Chair

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MINUTES OF A MEETING OF THE PLANNING COMMITTEE HELD AT THE GUILDHALL, WREXHAM ON FRIDAY, 18 JULY 2014

MEMBERS

Councillor M.G. Morris, Chair Councillor *Mike Edwards, Vice-Chair

Councillor * Andrew Bailey Councillor Paul Pemberton “ * I. David Bithell, MBE “ Ronnie Prince “ * Terry Evans “ John Pritchard “ * Keith Gregory “ Mrs J.M.B. Roberts “ D.J. Griffiths “ Graham Rogers “ Kevin Hughes “ * Paul Rogers “ * David Kelly “ Barbara Roxburgh “ J.A. Kelly, KSG “ * Malcolm Taylor “ Bernie McCann “ Andy Williams

* Absent

12. APOLOGIES FOR ABSENCE

Apologies for absence were submitted on behalf of Councillors Andrew Bailey, I David Bithell MBE, Mike Edwards, Terry Evans, Keith Gregory, David Kelly, Paul Rogers and Malcolm Taylor.

13. ERECTION OF DETACHED GARAGE AT PEAR TREE COTTAGE, MILL LANE, HORSEMAN’S GREEN, WREXHAM (APPLICATION CODE NO. P/2014/0293)

(Councillor Lloyd Kenyon was present as Local Member)

The Head of Community Wellbeing and Development submitted a report in respect of the above-mentioned application and the Planning Control Manager explained the proposal to Members of the Committee.

The Local Member indication his objection to the application as, in his opinion, the proposed garage due to its location and alignment on site would have a detrimental impact on the visual amenity of the occupiers of the neighbouring property and be out of keeping with the existing street scene.

During consideration of the application a Member suggested that, if the Committee was minded to grant permission, in the interests of the visual amenities of the area, proposed Condition No 3 be amended to provide for the existing hedges alongside the eastern boundaries to be permanently retained at a height of 2 metres. This was agreed by the Committee.

After hearing the views of Members it was

RESOLVED – That permission be GRANTED.

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Conditions

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 existing hedges along the eastern boundaries shall be permanently retained and shall not be cut down, grubbed out or otherwise removed or topped or lopped so that the height falls below 2 metres at any point without the prior written permission of the Local Planning Authority. If any parts of the hedges are removed without permission, die or become diseased, they shall be replaced by hedges of such size and species and within a timescale all to be approved in writing by the Local Planning Authority.

Reasons

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.

14. INSTALLATION OF SOLAR PANELS AND ASSOCIATED EQUIPMENT TO ENABLE ENERGY GENERATION AND CONNECTION TO NATIONAL GRID ON LAND EAST OF BRONWYLFA RESERVOIR AND NORTH OF LEGACY SUBSTATION, ABEROER ROAD, ABEROER, WREXHAM (APPLICATION CODE NO. P/2014/0207)

The Head of Community Wellbeing and Development submitted a report in respect of the above-mentioned application and the Planning Control Manager explained the proposal to Members of the Committee.

Both Local Members (Councillors Kevin Hughes and Paul Pemberton) indicated their general support for the application, as in their opinion, the site was well enclosed and the impact of the proposed development on adjacent residential properties and the surrounding area would be mitigated by the imposition of appropriate planning conditions. The land could still be used for grazing and would revert back to agricultural use once the generation of electricity from solar panels at the site ceased. With regard to minimising the visual impact of the development on the surrounding landscape, both Local Members commented that there were gaps in the screening of the site at present and suggested that any additional planting should be of suitable species and retained at a minimum height of 2.5 metres. This was agreed by the Committee.

RESOLVED – That, subject to written confirmation being received as part of the application to state that existing and proposed hedges within the site will not be lopped or topped to a height falling less that 2.5 metres, permission be GRANTED subject to the conditions specified below:

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Conditions

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. No part of the development shall commence until a Construction Traffic Management Plan has been submitted to and approved in writing by the Local Planning Authority, and the plan shall include full details to cover the following matters: (i) On site parking and turning facilities for construction vehicles (ii) On site parking facilities for construction staff workers and visitors (iii) The employment of a banksman to direct vehicles from the vehicular exit point of the site for HGVs using the access (iv) Signing and guarding proposals along B5426 and B5097 (v) Wheel wash facilities, &/or details to ensure that debris/mud is not carried out onto the adjacent highway The plan as subsequently approved shall be fully implemented for the duration of the construction phase of the development 3. No part of the development shall commence until details of further tree planting proposals have been submitted to and approved in writing by the Local Planning Authority for the following areas within the red and blue areas as indicated on drawing no W19/WCBC/05: (i) An area along the eastern boundary of Beechwood Farm between the highway and the pylon tower; (ii) At three separate locations along the western boundary of the site. 4. Prior to their installation, details of the CCTV cameras and supporting structures shall be submitted for further approval, and the scheme shall be implemented in accordance with those details as approved. 5. Prior to commencement of works, a detailed ecological management plan and enhancement plan shall be submitted to and approved by the Local Planning Authority. The plan should outline the grassland management of the site during the lifetime for the development, the exact location of any enhancement proposals and their future management and maintenance regimes. The approved plan should be implemented in full within time scales to be specified as part of the Management Plan 6. The existing trees, shrubs and hedges shown on Drawing(s) No(s). W19/WBC/04 to be permanently retained shall not be cut down, grubbed out, lopped or uprooted. Any trees, shrubs or hedges removed or being severely damaged or becoming diseased shall be replaced with trees, shrubs or hedging plants of the equivalent size and species. 7. No part of the development shall commence until full details of a hard and soft landscaping scheme together with a five year Maintenance Plan and timescale for the implementation of works shall be submitted to and approved in writing by the Local Planning Authority. 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 equipment, machinery, plant or materials of any kind in connection with the development shall be brought onto the site until tree protection fencing and ground protection measures have been implemented in strict accordance with

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details which have been submitted to and approved in writing by the Local Planning Authority. The details should include specification and location for the fencing. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavations be made. 10. The tree protection fencing and ground protection measures approved in connection with Condition No. 9 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. 11. No part of the development shall commence until a detailed Arboricultural Method Statement has been submitted to and approved in writing by the Local Planning Authority. No development or other operations shall take place except in strict accordance with the Method Statement as is approved. The Method Statement shall include the following: 1) A specification for tree protection fencing and ground protection measures that comply with British Standard 5837:2012; 2) A Tree Protection Plan showing the location of the trees to be removed and retained with their crown spreads, Root Protection Areas, Construction Exclusion Zones, and location of protective fencing and ground protection measures accurately plotted; 3) A full specification for any access, driveway, path, underground services or wall foundations within retained tree Root Protection Areas or Construction Exclusion Zone, including any related sections and method for avoiding damage to retained trees; 4) Details of general arboricultural matters including proposed practices with regards to cement mixing, material storage and fires; 5) Details of the frequency of supervisory visits and procedures for notifying the findings of such visits to the Local Planning Authority. 12. 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. 13. The new access from B5426 to service the temporary compound area as shown on plan no R3.4 shall be fully closed once the site has become operational for energy generation. 14. No means of external illumination/lighting or form of audible alarm shall be installed on site without the prior written consent of the Local Planning Authority.

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15. Should the use of the land for the generation of electricity from solar panels at the site cease, other than the tree planting and hedge planting measures as implemented as part of the development, all solar panels including their supporting ancillary structures, shall be fully removed from the site within 6 months of the date of the sites' decommissioning, and the land shall be restored to its original condition prior to first use. 16. The rating level of any noise generated by reason of this 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. 17. The recommendations of the submitted Flood Consequences Assessment Report (ref K0457, dated 9.4.2014) shall be fully implemented as part of the development. 18. The external appearance of the ‘switch gear house’ and ‘inverter and transformer stations’ buildings shall be finished and maintained with a dark green colour. 19. Details of the brick to be used on the proposed substation building (building D as shown on approved Drawing No. R3.4) shall be submitted to and approved in writing before it is first erected. 20. The site shall be laid out in accordance with the layout shown on Drawing No. R3.4, unless first agreed in writing with the Local Planning Authority.

Reasons

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. In the interests of highway safety. 3. To help ensure that landscape impacts of the development on the surrounding area are minimised. 4. To help ensure that the landscape impacts of the development on the surround area are minimised. 5. To help mitigate the impacts of the development on ecology. 6. To ensure the amenity afforded by the trees is continued into the future. 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 ensure that the retained trees are adequately protected during development in the interests of amenity. 10. To ensure that the retained trees are adequately protected during development in the interests of amenity. 11. To ensure the work is carried out to accepted arboricultural practices for the long term well being of the tree(s). 12. To ensure that hard surfacing does not cause harm to retained trees in the interests of visual amenity. 13. In the interests of highway safety. 14. To protect the amenities of the area and residents and to protect ecology interests. 15. To ensure that the land is fully restored to agriculture, to accord with the Council's strategic policies for the location of development. 16. To protect the amenities of the occupiers of nearby properties.

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17. To ensure proper drainage of the site. 18. In the interests of the visual amenities of the area. 19. In the interests of the visual amenities of the area. 20. To ensure that the visual impacts of the development are adequately controlled, to protect the visual amenities of the area.

Notes to Applicant

1. Should connection cables to the National Grid fall within Tree Protection Areas or Construction Exclusion Zones as defined by BS 5837:2012, you are required to submit details to the Local Planning Authority to confirm how the cable will be installed without causing damage to retained trees in order to comply with Planning Condition No. 11 item 3). 2. 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. 3. Before preparing items in relation to Condition No. 5 above, you are advised to consider the areas highlighted on the enclosed mitigation proposals plan as amended and included with the decision documents - dated June 2014 before preparing the submission. 4. 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.

(Councillor D.J. Griffiths declared a personal but non-prejudicial interest in this matter, as one of the objectors was known to him, but stayed in the meeting and took part in the consideration of the application).

(Councillor Ronnie Prince declared a personal and prejudicial interest in this matter, as his sister lived locally to the application site and left the meeting during consideration of the application).

(Councillor Barbara Roxburgh declared a personal but non-prejudicial interest in this matter, as one of the objectors was known to her, but stayed in the meeting and took part in the consideration of the application).

Councillor M.G. Morris Chair

Page 22 Agenda Item 4

REPORT TO: Planning Committee

REPORT NO. HCWD/24/14

DATE: 28 July 2014

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.

Page 23 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014

Community Code No Applicant Recommendation Page No

RHO P/ 2014/0200 MR JAMES WILSON GRANT 25 - 34

GWE P/ 2014/0262 CASTLEMEAD GROUP GRANT 35 - 52 LTD

BRY P/ 2014/0306 MR STEVEN BLAND GRANT 53 - 59

GWE P/ 2014/0345 MRS S JONES GRANT 60 - 63

OVE P/ 2014/0360 KNOLTON FARMHOUSE GRANT 64 - 75 CHEESE MR JONATHAN LATHAM

WRR P/ 2014/0373 PENDINE PARK CARE GRANT 76 - 88 ORGANISATION MR & MRS MARIO & GILL KREFT

WRR P/ 2014/0374 PENDINE PARK CARE GRANT 89 - 91 ORGANISATION MR & MRS MARIO & GILL KREFT

WRO P/ 2014/0381 PENNY BLACK GRANT 92 - 94

GRE P/ 2014/0383 MRS KATHERINE GRANT 95 - 97 RICHARDS

MIN P/ 2014/0410 PN & JA TOMLINSON GRANT 98 - 111

GWE P/ 2014/0412 CLWYD PROPERTIES GRANT 112 - 118 A JONES

WRC P/ 2014/0415 CTIL GRANT 119 - 123 MR D HOSKER

ISY P/ 2014/0417 MR N COPELAND GRANT 124 - 132

ESC P/ 2014/0431 MISS S THOMAS GRANT 133 - 137

CEF P/ 2014/0502 WREXHAM COUNTY GRANT 138 - 141 BOROUGH COUNCIL MS C POSTLE

Total Number of Applications Included in Report: 15

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 24 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014

APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0200 SION CHAPEL BANK STREET 24/03/2014 PONCIAU WREXHAM LL14 1EN COMMUNITY: CASE OFFICER: Rhos DESCRIPTION: KH DEMOLITION OF FORMER SUNDAY SCHOOL ROOM, CONVERSION OF WARD: CHAPEL TO 4 NO. DWELLINGS AND AGENT NAME: Ponciau FORMATION OF NEW ACCESS REAL PLANNING MR GERRY KELLETT APPLICANT(S) NAME: MR JAMES WILSON

______P/2014 /0200 THE SITE

Site is located within the village of Ponciau, occupying a prominent corner location at the top end of Fennant Road, at a junction with Bank Street, to the immediate south.

PROPOSAL

Proposal involves the demolition of the Sunday School Room, conversion of the main Chapel building to four residential units, access from Johnson Street and egress onto Bank Street, parking for 8 cars and amenity areas for each unit.

HISTORY

None.

DEVELOPMENT PLAN

Within settlement. Policies PS1, PS2, PS3, PS11, GDP1, GDP2, EC6, H2, CLF1 and T8 of the Wrexham Unitary Development Plan refer. Local Planning Guidance Notes 6 (Access to and use of Buildings), 7 (Landscape and Development), 16 (Parking Standards), 21 (Space Around Dwellings), 24 (Designing Out Crime), 27 (Developer Contributions to Schools), 30 (Design) and 32 (Biodiversity and Development) should also be taken into account.

CONSULTATIONS

Community Council: Consulted 02.04.14 Cllr Kevin Hughes: As a Member of Planning Committee no concerns at this stage. Cllr Paul Pemberton: As a Member of Planning Committee no concerns at this stage.

Page 25 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014

Public Protection: Conditions required regarding hours of work and a dust management scheme. Highways: No objections subject to planning conditions. Design of both access and egress to adjoining roads meets highway recommendations and site will provide for off road parking – 8 vehicles. Welsh Water: Condition required regarding Land Drainage, Foul Water and Surface Water. Natural Resources Wales: Does not object to proposal. Bat survey carried out to an acceptable standard. No evidence the building currently used as a bat roost and it is unlikely that bats or their roosts will be impacted upon by proposed works. Recommendations proposed within Section 8 should be adhered to. Standard ‘Guidance notes for developers’ should be attached to decision. Capel: Consulted 02.04.14 Neighbours: 3 letters of objection on the following grounds: - Dust, noise, increase in large vehicles competing for parking, vibration from vehicles passing the nearby properties during construction works. - Overlooking. - Gardens too close to nearby properties and will increase noise. - Overlooking and disturbance to nearby residential property from the proposed car park. - Access onto Johnson Street on a sharp bend and road should be one-way. - Bank Street is a busy road and a bus route. - Concerns regarding the demolition works and the proximity to a nearby property and possible damage to the property. The removal of the building will result in the loss of a boundary and a new boundary treatment will be required. - Car park will devalue a nearby property. - Concern residents will not be able to park on Johnson Street. - Originally buildings sold with D1 use – non- residential. - Damage from large vehicles to exterior and interior of residential properties around the site. Site Notice: Expired 24.04.14

SPECIAL CONSIDERATIONS/ISSUES

Policy: No policy objections. However, the building has been used for community purposes and consideration is required of Policy CLF1 of the Wrexham Unitary Development Plan. The policy states that change of use or

Page 26 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014 redevelopment of community facilities will be resisted unless clearly redundant, badly located or create environmental damage. The chapel has been unused and vacant for approximately 8 years and on the market for most of 2013, until its purchase late in 2013. No alternative approach was made to the previous vendor regarding alternative uses. I am satisfied the proposal dos not conflict with Policy CLF1.

Character of the building: Whilst the building is not listed or within a Conservation Area, it is still of historical significance and has strong communal value within the locality and a group value with other non-listed chapels around the nearby junction. It is important that the prominent and architecturally striking building is being retained and reused. Alterations to the rear elevation of the chapel will have a further positive contribution.

The benefits of demolishing the Sunday School building for highway improvements outweigh its loss. Careful consideration is also required of replacement windows and doors. The existing window and doors contribute significantly to the building’s character. Whilst it may be preferable to retain and repair the originals where possible, the proposed windows in timber with a slim profile double glazing system will improve thermal qualities and ensure the external character of the building is retained. Details will be conditioned.

Internally it is proposed where possible to re-use decorative elements which will help retain some of the interior character.

The building is an important element in the character of the streetscene and its retention and sensitive conversion will ensure this continues.

Highways: The site is located on the junction of Bank Street and Johnson Street with a 20mph zone. There is no existing vehicular access into the site and therefore no parking provision.

The applicant proposes to demolish the existing Sunday School building and provide a new access into the site from Bank Street and an egress from the site onto Johnson Street. Highways are satisfied the design of both access and egress meets the highway recommendations in terms of width, layout and visibility. Visibility onto Johnson Street can only be achieved by reducing the boundary wall below 1m. It is essential that adequate visibility is provided and maintained onto Johnson Street and a suitably worded condition is attached.

The site provides off-road parking and turning provision for 8 vehicles which is considered adequate for the proposed development. The provision of off-road parking will be beneficial to highway safety in the area. The existing site has a D1 class use which could open up for example as a day nursery without the requirements for planning permission which could potentially cause serious parking issues in the area.

Highways have no objections subject to numerous planning conditions.

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Amenity: There are a number of existing residential properties in close proximity to the chapel and a potential for loss of privacy from a number of the windows on the proposed conversion.

I am satisfied that measures could be built into the design of the windows to prevent any significant overlooking and loss of amenity. This could include selective obscure glazing and the means of opening, in critical locations. I have attached an appropriate condition.

Objections have also been raised to the potential loss of privacy by virtue of use of the small amenity areas for individual dwellings. Plots 1 and 2 would appear to be the most contentious but I am satisfied that limited selective planting, privacy would not be significantly compromised.

There will be some disturbance during the demolition and conversion period but planning conditions will restrict hours of work and require a dust management scheme. Concerns have been expressed specifically regarding the demolition stage and the impact of the works from a safety and nuisance point of view. A Demolition Safety Certificate will be required from the Council’s Building Control Department, which will include noise and dust mitigation, the method of demolition and a transport plan.

The proposed scheme should not have any significant impact on nearby amenity.

Ecology: A preliminary bat and bird survey was undertaken on 4 October 2013 and no evidence of bat roosts. Natural Resources Wales are satisfied the survey was carried out to an acceptable standard. However, the recommendations proposed within Section 8 of the report should be adhered to. The Council Ecologist agrees and conditions suggested by the Ecological Surveyor should be applied.

Other: Devaluation of properties is not a planning consideration whilst any damage to properties by wagons would be a matter to be resolved between property owners and contractors. I am not aware of any changes to parking arrangements on Johnson Street.

Conclusion: The scheme enables an important prominent building of architectural interest to be retained and re-used and to continue to contribute positively to the streetscene. Planning conditions will ensure alterations are sympathetic.

The demolition of the Sunday School Building enables access and egress to and from the site and provision of 8 parking spaces, which will be beneficial to highway safety in the area.

Whilst amenity will be compromised to some extent I am satisfied that measures to mitigate overlooking of existing properties will ensure no significant impact on residential amenity.

Page 28 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014

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 part of the development shall commence until samples of all external facing and roofing materials have been 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. 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. 4. No part of the development shall commence until an appropriate Dust Management Scheme has been submitted to and approved in writing by the Local Planning Authority. The dust mitigation measures as are approved shall be fully implemented for the entire duration of the construction phase. 5. Prior to first use of the vehicular access and egress hereby approved, the access shall be surfaced with hard bound materials (e.g. bituminous macadam) for a minimum distance of 5 meters behind the adjoining highway. 6. The vehicular access(es) hereby approved on Bank Street shall take the form of a dropped vehicular crossing. 7. The vehicular access(es) hereby approved on Johnson Street shall take the form of a dropped vehicular crossing. 8. There shall be no gates or other means of enclosure across the vehicular access point within 5 metres of the highway boundary. 9. Prior to first use of the development hereby approved the vehicular access on Johnson Street shall provide visibility splays of 2.4 metres x 25 metres to the west measured to the nearside edge of the adjoining highway, and 2.4 metres x 25 metres to the east measured to the centreline of the adjoining highway. Within these splays there shall be no obstruction in excess of 1 metre in height above the level of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 10. Prior to first use of the development hereby approved a pedestrian visibility splay on the access to Johnson Street 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. 11. The vehicular parking and turning areas as shown on approved drawing(s) No(s). PD47/09 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 motor vehicles at all times. 12. 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

Page 29 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014 provided across the approved access to intercept any such run off prior to first use of the development. 13. No part of the development shall commence until a scheme detailing the construction of the following has been submitted to and approved, in writing, by the Local Planning Authority: 1) Relocation of street light numbers 502 and 504. 2) Erection of suitably worded signs implementing a one way system through the site. The scheme as is approved shall be fully implemented prior to first use of the development. 14. The development shall be carried out strictly in accordance with the recommendations, mitigation and compensation proposed within Section 8 of the Clwydian Ecology Protected Species Survey dated 7 October 2013. 15. 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. 16. Prior to the first occupation of any of the residential units hereby approved a scheme of measures to prevent overlooking of adjoining existing properties shall be submitted to, approved in writing by the Local Planning Authority and fully implemented. The scheme as approved shall be retained thereafter. 17. Prior to their installation on the buildings, drawings to scale 1:5 and 1:20 fully detailing all new and 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, method of opening and glazing type. The works shall only be carried out in strict accordance with such details are as approved and retained thereafter unless otherwise agreed, in writing, with the Local Planning Authority. 18. Details of all boundary treatment perimeter and sub divisions of amenity space shall be submitted to and approved, in writing, by the Local Planning Authority. Works shall only be carried out strictly in accordance with the details as approved and to a timescale that has been agreed as part of the submission and retained thereafter unless otherwise agreed, in writing, with the Local Planning Authority. 19. New or replacement guttering should be cast iron or aluminium only. 20. Prior to first use of the development, all external joinery shall receive a painted finish in accordance with a colour which has been submitted to and approved in writing by the Local Planning Authority. The colour of the painted finish shall not thereafter be changed without the prior written consent of the Local Planning Authority. 21. 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 further development shall take place under Classes A, B, C, D, E, F, G and H of Schedule 2 Part(s) 2, other than the development hereby granted permission. 22. Prior to the commencement of any demolition works on site, the following details shall be submitted for the further approval of the local planning authority: i. an audit of all existing building materials

Page 30 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014 ii. the potential re-use and recycling of those materials for incorporating into an agreed, replacement site development, and iii. where relevant, the recipient of remaining building materials. The approved audit shall form part of the building contract agreed for new building development for the site, a copy of which shall be submitted for record purposes for the Local Planning Authority. 23. Prior to first use of the development, all external joinery shall receive a painted finish in accordance with a colour which has been submitted to and approved in writing by the Local Planning Authority. The colour of the painted finish shall not thereafter be changed without the prior written consent of the Local Planning Authority. 24. Details of the following should be submitted to and approved, in writing, by the Local Planning Authority: - gate piers for the new accesses - surface material for parking, turning and other external areas - extent of repairs/rebuilding of boundary walls - style/colour of the proposed vents - extent of repairs or re-pointing the main chapel Works shall be carried out strictly in accordance with the details as approved in accordance with a timescale to be agreed as part of the submission and retained thereafter unless otherwise agreed, in writing, with the Local Planning Authority. 25. Flues shall have a black powder coated finish. 26. Within six months of commencement of development, full details of a soft landscaping scheme together with a timescale for the implementation of the works have been submitted to and approved, in writing, by the Local Planning Authority. 27. The landscaping scheme submitted and approved in connection with condition no. 26 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved scheme. 28. The landscaping scheme as carried out in connection with condition nos. 26 and 27 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.

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. 5. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 6. In the interests of highway safety. 7. In the interests of highway safety.

Page 31 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014

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 ensure that adequate visibility is provided at the proposed point of access to the highway. 10. To ensure that adequate visibility is provided at the proposed point of access to the highway. 11. 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. 12. In the interests of highway safety. 13. In the interests of highway safety. 14. To protect named species/habitats/biodiversity which would otherwise be damaged/lost by the development hereby permitted. 15. 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. 16. To protect the amenities of the occupiers of nearby properties. 17. To ensure the works reflect the character and appearance of the building. 18. To ensure the works reflect the character and appearance of the building. 19. To ensure the works reflect the character and appearance of the building. 20. To ensure the works reflect the character and appearance of the building. 21. In the interests of protecting the character of the building, the general visual amenities of the street scene, and to ensure adequate parking and turning is available within the site. 22. To ensure that the development involves a sustainable approach. 23. To ensure the works reflect the character and appearance of the building. 24. To protect the character of the building and the general street scene. 25. To protect the character of the building. 26. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 27. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 28. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.

NOTE(S) TO APPLICANT

A licence should be obtained (as required by section 184 of the Highways Act 1980) from the Highway Authority in order to lower the kerbline and cross the footpath at the new access position. Further guidance can be obtained from the Highways Department of Wrexham County Borough Council on telephone 01978 729690.

Page 32 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014

This planning permission requires that development be carried out in accordance with the approved plans, including the construction of an estate road intended for adoption by the Council under the Highways Act 1980. It is essential therefore that the detailed proposals are submitted to the Highway Authority and confirmed as acceptable BEFORE development commences. Please contact the Highway Authority on telephone no. 01978 729690 for further guidance.

The applicant is advised that submission of a copy of the relevant section 38 adoption agreement, between the applicant and the Highway Authority, to the Local Planning Authority will allow the above condition no(s). @@ to be formally discharged in writing.

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.

The applicant is advised that compliance with condition no. 03 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 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

Page 33 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014 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

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

With regard to condition 24 the gate piers should match the gate piers on the existing pedestrian accesses and surface material should be a softer finish such as paving or bound gravel. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0262 LAND SOUTH OF CHESTNUT 14/04/2014 COURT SUMMERHILL ROAD SUMMERHILL WREXHAM LL11 4SP COMMUNITY: CASE OFFICER: Gwersyllt DESCRIPTION: MP OUTLINE APPLICATION FOR THE ERECTION OF 20 DWELLINGS AND WARD: FORMATION OF NEW VEHICULAR AGENT NAME: Gwersyllt West AND PEDESTRIAN ACCESS FROM NIGEL THORNS CHESTNUT COURT PLANNING CONSULTANCY APPLICANT(S) NAME: CASTLEMEAD GROUP LTD

______P/2014 /0262 THE SITE

Application site

Green Barrier

PROPOSAL

Outline planning permission is sought for 20 dwellings comprising 18 market dwellings and 2 intermediate (affordable) houses together with approval for the vehicular access to the site. Appearance, landscaping, layout and scale are reserved for subsequent approval.

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HISTORY

Current application site and land occupied by the existing Chestnut Court development

6/12555 Residential development, construction of new vehicular and pedestrian access and alteration to existing vehicular and pedestrian access. Refused 15.1.86. Appeal dismissed 16.7.86 6/13295 Residential development, construction of new vehicular and pedestrian access and alteration to existing vehicular and pedestrian access. Refused 8.9.86 6/13999 Erection of four blocks of two-storey flats (each containing 8 x 2 bedroom units) and construction of new vehicular and pedestrian access. Refused 6.7.87

Application area broadly similar to footprint of existing Chestnut Court development

6/4523 Demolition of existing building and erection of dwellings and construction of new vehicular access. Refused 27.6.79 6/7090 Demolition of derelict hall and outbuildings and erection of dwellings and construction of new vehicular access. Granted 17.10.80 6/12245 Erection of houses, bungalows and garages, construction of new vehicular and pedestrian access, foul and surface water systems. Refused 9.10.85 6/15426 Erection of four executive type dwellings and alteration to vehicular and pedestrian access. Granted 12.9.98 6/15431 Erection of residential care home and alteration to vehicular and pedestrian access. Granted 12.9.88 6/16800 Erection of residential care home, 8 associated bungalows for the elderly, construction of new vehicular and pedestrian access and alteration to existing vehicular and pedestrian access. Granted 1.6.92 6/19723 Erection of four dwellings and alteration to existing vehicular and pedestrian access. Reserved matters refused 2.12.91 6/19724 Erection of four dwellings and alterations to existing vehicular and pedestrian access. Outline permission granted 2.12.91 6/20512 Residential Development (2 houses and 2 bungalows) and construction of new vehicular access. Reserved matters approved 10.9.92

Existing Chestnut Court development

6/23318 Erection of 5 houses and construction of new vehicular and pedestrian access. Granted 4 July 1995

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DEVELOPMENT PLAN

Outside of settlement limit, within Green Barrier. The site is also subject to a Tree Preservation Order (WMBC no.8). Policies PS1, PS2, GDP1, EC1, EC2, EC4, EC6, H5, CLF5 and T8 apply.

CONSULTATIONS

Community Council: Supports the objections of local residents in respect of the following: - the failure to maintain the existing settlement pattern and character contrary to policy PS4 of the UDP; - the highway and traffic considerations give cause for concern; - concerns about the provision of public open space; - failure to satisfy LPG21; - misleading and incorrect comments in the planning statement that the scheme has been designed to minimise any impact upon these properties by the specific siting and orientation of the proposed dwellings and that the development would form natural rounding off of the settlement; - concerns that the proposed development is outside of the settlement boundary. The Community Council’s principal objections are: - the site is outside of the settlement limit and forms part of the Green Barrier. This is why the County Borough Council have refused previous applications; - the site was put forward by the owners as a candidate site for inclusion in the Local Development Plan but was ruled out for this purpose by the Planning Policy Panel on the advice of the Planning Officer; - The Planning Policy Panel is still considering the number of housing units to be provided by way of brown field sites and as the 5 year land supply is a rolling programme the Council considers that the brown field land supply exercise should be completed BEFORE consideration is given to the allocation of green field sites;

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- Welsh Government Technical Advice Note 1 should not be considered as justification for allowing the development contrary to the above; - The long standing highways and road safety problems associated with Summerhill Road cannot be under emphasised and the application, if permitted, will only serve to exacerbate the current difficulties which are a major concern; - The Community Council calls upon the Local Planning Authority to refuse the application. Local Member: Notified 22.4.14 Lesley Griffiths AM: I have been contacted by several constituents with their concerns. Their concerns relate to: - The proposed number of new houses and their close proximity to each other – they will not “fit” with the existing houses at Chestnut Court and will, therefore, have a negative impact on the character and appearance of Chestnut Court; - The proposed positioning of the new house located at Plot 19 will have a negative impact on the residential amenity of 2 Chestnut Court – due to the angle of the boundary, if the Outline Application is approved, there will be a two storey wall 8 metres away from the kitchen window of 2 Chestnut Court. I believe the Local Planning Guidance Notes No 21 states the distance should be 13 metres; - The proposed new vehicular access from Chestnut Court will be insufficient for the large number of vehicles using this and will, therefore, have an impact on highway and pedestrian safety on both Chestnut Court and Summerhill Road; - The Outline Application is outside the current development boundary and relates to land identified as “green barrier” on the Wrexham Unitary Development Plan; - Residents in the proposed new houses will put a further strain on local services

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such as schools and GP surgeries, which are already over-stretched. I would be grateful if all of my constituents’ concerns could be taken into account during consideration of the Outline Application Public Protection: Recommend conditions and advisory notes. Highways: Have the following comments: - Chestnut Court is 5.5m wide and adequate radii are already provided at the junction with Summerhill Road; - It is possible to achieve recommended visibility splays from the proposed site access and on to Summerhill Road; - The design and layout of the internal estate road can be agreed at reserved matters stage; - Traffic on Chestnut Court and Summerhill Road will increase as a result of the development. In peak hour the development is likely to generate no more than 30 additional movements or 1 every 2 minutes. In highway capacity this is not a significant increase; - A footpath link will be provided between the proposed site and bus stop on Summerhill Road; - The proximity of the site to bus and railway services, schools and local shops make the site a fairly sustainable location; - Conditions recommended. Education: Contributions required towards primary and secondary provision. Welsh Water: Recommend drainage conditions. Natural Resources Wales: Have the following comments: - recommend a surface water management plan to outline the methods for surface water drainage be produced before planning permission is granted; - recommends Authority’s ecologist is consulted in respect of protected species. Site Notice: Expired 22.5.14 Press Notice: Expired 23.5.14 Neighbours: The owners/occupiers of 23 nearby properties notified 6.5.14. 4 representations received including 2 on behalf of all of the residents of Chestnut Court expressing the following objections/concerns;

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- the density of the development – not in keeping with existing Chestnut Court development; - additional traffic; - increase the safety risk along the length of Summerhill Road with no pavement; - added congestion at peak times when attempting to join the A483/A541; - is there not a case for a s106 agreement with the developers of this site and those of Summerhill Park and Westminster Rise to contribute to the purchase of land and provision of a pavement?; - impact upon existing schools and health services especially following the recent developments at Summerhill Park and Westminster Rise; - the location of the open space surrounded by trees that could result in youths congregating and causing anti- social behaviour; - loss of visual amenity; - over dominance; - causing of shadowing/shade; - failure to comply with LPG21; - the development does not maintain the existing settlement pattern and character; - the development is overcrowded and is not in keeping with the layout of Chestnut Court; - poor visibility from Chestnut Court onto Summerhill Road – lowering the walls will not improve this; - saddened to see the possible loss of green barrier land; - the site is outside of the settlement and within a Green Barrier; - failure to demonstrate that the shortage of housing is of sufficient magnitude to be considered as an exceptional circumstance; - existing traffic calming has failed to slow traffic moving towards the site entrance; - the narrow awkward pedestrian link is unlikely to be attractive to most users and hence there is likely to be a significant pedestrian flow increase trying to cross Summerhill Road at the vehicular access point. There is no

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provision made here for pedestrians to cross the road. Anyone standing on the service strip will further reduce visibility for motorists; - this is not a suitable place for a shared surface development serving in excess of twenty houses; - the new road to serve the development will run in close proximity to the front windows of no 1 Chestnut Court causing significant disturbance; - private gardens of dwellings being overshadowed by mature trees leading to substantial pressure for them to be removed or substantially reduced. Thus the visual impact of the development would be much greater than as current assessed; - potential severe impact upon the outlook and privacy of existing residents.

SPECIAL CONSIDERATIONS

Policy: The proposals do not accord with any of the circumstances set out in policy H5 that permit small scale residential development on sites outside of settlement limits.

In addition to lying outside of the settlement boundary the site lies within a Green Barrier and the development will lead to the irreversible loss of land that has an Agricultural Land Classification of Grade 3a (75% is classified as Grade 3a, the remainder is Grade 3b), thus the proposals conflict with policies EC1 and EC2.

Ordinarily I would recommend planning permission be refused for proposals that represent such a clear departure from UDP policies however the Council is only required to determine planning applications in accordance with an adopted development plan unless material considerations indicate otherwise.

Planning permission for residential development on this site has been refused on a number of previous occasions primarily on the grounds that it is outside of the settlement limit and within the Green Barrier as defined by previous development plans. Planning permission was only granted for the Chestnut Court development because it occupied a similar footprint to the former Chestnut Hall and its outbuildings. This was a departure from the adopted policies of the day but an exception was made because of the dilapidated state of the former hall.

Whilst the previous site history is a material consideration it does not automatically mean that permission should be refused for the current

Page 41 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014 proposals. The application must be considered in light of current local and national planning policies and the circumstances that apply today.

There have been significant changes in circumstances since planning permission was last sought to develop this site as well as since the UDP was adopted in 2005. I will discuss these in more detail below.

Housing Land Supply: 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 (JHLAS) (2013) found that Wrexham has a housing land supply of 3.4 years. This equates to a ‘deficit’ of 673 dwellings. Dwellings proposed on sites allocated for housing in the UDP and/or already benefitting from planning permission have already been taken into account by the most recent JHLAS.

Technical Advice Note (TAN) 1: Joint Housing Land Availability Studies advises that the results of the JHLAS should be treated as a material consideration in determining planning applications for housing. Where the JHLAS shows a land supply below the 5 year requirement TAN1 (paragraph 5.1) advises that the need to increase supply should be given considerable weight when dealing with planning applications, provided that the development would otherwise comply with national planning policies. Planning Policy Wales includes a presumption in favour of sustainable development.

Local Planning Authorities are required to include a statement in the JHLAS outlining measures it is taking to address the shortfall in housing land supply. In Paragraph 3.5 of the 2013 JHLAS for Wrexham the Council has acknowledged that appropriate consideration will need to be given to any applications submitted for residential development outside of existing settlements.

Loss of Green Barrier/Agricultural Land: I accept that there must be special circumstances to justify the release of Green Barrier land for development. In this particular case the pressing need for additional housing land is, in my opinion, a valid reason for giving favourably consideration to the release of appropriate sites for residential development.

As noted above Planning Policy Wales includes a presumption in favour of sustainable development. The site is in a broadly sustainable location in that regular bus services pass along Summerhill Road (there being a bus stop adjacent to the south-eastern corner of the site) providing access to Wrexham and to the Maelor Hospital. The site is 1 kilometre from Gwersyllt Railway Station and the Gwersyllt Lidl Store and is just over 1 kilometre from the Gwersyllt district shopping centre.

Many of the settlements in the County Borough that can be considered sustainable places are either partially or wholly bounded by Green Barriers. It

Page 42 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014 will therefore be difficult to significantly increase the supply of housing land if the current UDP policies, including Green Barrier designations, are strictly adhered to in every case.

Despite the current UDP designation the site does not play a significant role in preventing the coalescence of settlements or preventing encroachment of development into the countryside. The Green Barrier to the west of Summerhill Road is already punctuated by the existing Chestnut Court development to the north and the Livery Stables on the opposite side of Moss Road to the south.

Outline planning permission for the redevelopment of the Livery Stables site for housing was allowed on appeal in 2004 (reference P/2003/1118) with reserved matters approval for the erection of 11 new dwellings being given in 2007 (reference P/2007/0649). Whilst that scheme has not progressed there have been no material changes in circumstance that would lead me to believe the redevelopment of the site would now be unacceptable in principle if permission was sought again.

The application site projects no further into the Green Barrier than either of the above mentioned sites. In addition the substantial belt of trees along the western boundary of the site together with the fact that the land beyond slopes downwards away from the site means there is a clear visual and physical break to the relatively open landscape beyond that separates Gwersyllt from Broughton. Accordingly the development will form a logical extension to the existing built up area.

Three quarters of the site is classified as Grade 3a agricultural land. Land graded as 3a is considered to be amongst the best and most versatile land and should only be developed where there is an overriding need for development. The lack of a 5 year housing land supply does, in this instance, mean that there is a need for the development. However this must also be weighed against the impact of the loss of agricultural land.

The land is currently not in agricultural production and has not been so for a considerable period time. Whilst the site adjoins a smallholding to the west the considerable belt of trees along the western boundary would prevent the site from being operated easily in conjunction with that land. The site is also relatively remote from other larger areas of agricultural land. In practical terms land it is therefore unlikely to prove particularly attractive to a rural business. Accordingly the benefits of the development in terms of delivering additional housing land and affordable housing outweigh the loss of Grade 3a agricultural land in this instance.

Deliverability: To contribute towards the 5 year housing land supply sites must be free, or readily freed, from planning, physical and ownership constraints, and economically feasible for development.

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Planning constraints

The proposals conflict with a number of UDP policies however as already discussed above the lack of a 5 year land supply is a significant material consideration in favour of the site being developed. Furthermore the development of the site would broadly accord with the presumption in favour of sustainable set out in Planning Policy Wales.

Physical constraints

The site slopes upwards on a relatively shallow gradient from east to west but this will not present any significant constraints to development.

I will comment on the fact that a Tree Preservation Order covers the site in more detail below however I am satisfied this does not present a significant constraint to development. I am also unaware of any other significant physical constraints that would impede the development of the site.

Ownership constraints

I am unaware of any ownership issues that would prevent the site from being developed.

Economic viability

I have no reason to believe that the development is unviable.

Design: The indicative layout plan demonstrates that the site can accommodate 20 dwellings with private gardens and off-street parking as well as generous areas of public open space that will benefit from natural surveillance so as to deter anti-social behaviour. The indicative plans also demonstrate that it will generally be possible to develop the site without adversely impacting upon the occupiers of existing properties in Chestnut Court by way of loss of light, privacy and without proving visually overbearing.

Whilst I note the concerns expressed by objectors in respect of the position of some of the dwellings it must be remembered that the submitted plans are only illustrative and do not necessarily represent the final form and layout of the development. I am satisfied that there is sufficient scope to address their concerns at reserved matters stage.

The proposed estate road will be only slightly closer to no.1 Chestnut Court than the existing cul-de-sac. I do not believe that traffic or pedestrians accessing the development will significantly reduce the standard of privacy currently afforded to the occupier of that dwelling.

I note concerns have been expressed about the proposed density of the development. I accept that the indicative plans suggest the site will be developed to a higher density than the adjacent Chestnut Court site. However the latter, at around 10 dwellings per hectare, is a very low density

Page 44 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014 development. In the wider locality the density of development varies and, at 20 dwellings per hectare, I do not consider the proposed development to be particularly dense. The indicative plan demonstrates that an acceptable layout is achievable which will not detract from the character of the area.

Trees: The whole site is subject to a Tree Preservation Order (WMBC no.8). Whilst a limited amount of tree removal is likely to be required I am satisfied that the integrity of the TPO can be maintained and that the majority of the highest quality trees will be retained.

If the site were developed based on the illustrative plan there is a risk that the gardens of a number of properties would regularly be in shade which may result in pressure for some trees to be substantially reduced or removed entirely. However I am confident that this matter can be addressed at reserved matters stage.

Ecology: An ecological assessment of the site has been carried out in respect of the potential for the trees within it to accommodate bat roosts. It found that several trees within the site have potential for bat roosts although very little bat activity was actually detected. Two further bat activity surveys are recommended in August and September to confirm this.

Given that the majority of the highest quality trees within the site can be retained the development will not result in a significant reduction in bat habitat and as such is unlikely upon their favourable conservation status. I do not consider it necessary to delay this decision until the additional activity surveys have been carried out. The outcome of those surveys will however be essential to informing the final layout of the development. Accordingly the additional surveys should be submitted at the reserved matters stage together with details to demonstrate how the final layout has taken account of their findings.

Japanese Knotweed, an invasive species, is present on the site. A condition requiring a scheme to deal with this will be required by condition.

Highways: The submitted plans demonstrate that adequate visibility can be provided at the site access – indeed the development will deliver an improvement to the visibility currently afforded at the Chestnut Court/Summerhill Road junction.

The majority of the traffic to/from the site is likely to use Summerhill Road or Wheatsheaf Lane. Whilst noting the concerns of the Community Council and the objectors these roads already serve as the main means of access to/from Summerhill and Gwersyllt for a large number of existing dwellings. The level of additional traffic generated by the development will represent a relatively small percentage of the total traffic currently using the road. As such the development is unlikely to cause significant highway problems or significantly increase congestion. Highways have not expressed any concerns about the capacity of local roads to accommodate the traffic generated by the development.

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There is no footpath on the side of Summerhill Road fronting the site although there is one on the eastern side of the road directly opposite the southern half of the site. The illustrative plans show that a pedestrian link will be provided from the site to a bus stop located adjacent to the south-western corner of the site which is also a reasonably safe and convenient place for pedestrians to cross Summerhill Road to use the footpath opposite.

I would anticipate that the majority of those walking to/from the site will be walking to/from the Wheatsheaf Lane or from the bus stop so it is unlikely that there will be a significant increase in the number of pedestrians walking along other sections of Summerhill Road. Accordingly I am satisfied that a safe means of pedestrian access can be provided to the site and that there is no justification to require financial contributions to significantly extend footway provision along Summerhill Road.

Drainage: Percolation tests have been carried out that demonstrate infiltration methods for surface water drainage can be adopted. A detailed drainage scheme will be required by planning condition however I am satisfied the development is unlikely to give rise to flooding problems on or off-site.

Welsh Water has not expressed any concerns about the capacity of the local sewer system to accommodate the development.

Community Infrastructure: The provision of contributions towards primary and secondary education provision will be secured via a Planning Obligation. The indicative plans also demonstrate that adequate public open space can be provided on site and the Planning Obligation will also secure its long term management.

Because permission is sought for 20 dwellings policy H7 is not applicable. However two affordable units will be built and the provision of these will be secured via the Planning Obligation.

There is no UDP policy or Local Planning Guidance Notes that imposes a requirement for the developments to provide or contribution towards the provision of health care facilities.

Conclusion: Whilst representing a departure from the policies of the adopted UDP the development of the site is justified in this instance due to the lack of a 5 year land supply in Wrexham, the sustainable location of the site and the fact that an acceptable form of development is achievable.

RECOMMENDATION A

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

(i) Two affordable houses;

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(ii) Payment of financial contributions towards primary and secondary school provision in accordance with the formulae set out Local Planning Guidance Note 27; (iii) The establishment of a management company to secure the long term management and maintenance of on-site public open space.

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

RECOMMENDATION B

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

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. Submitted drawings no.CGL.2/TMJ-05 Revision D and CGL.2/TMJ-05 Revision E have been considered for illustration purposes. The granting of this permission should not be taking as implying approval for the layout shown on either of those drawings has been given or will be forthcoming. 5. No part of the development shall commence until a detailed Arboricultural Method Statement has been submitted to and approved in writing by the Local Planning Authority. No development or other operations shall take place except in strict accordance with the Method Statement as is approved. The Method Statement shall include the following: 1) A specification for tree protection fencing and ground protection measures that comply with British Standard 5837:2012; 2) A Tree Protection Plan showing the location of the trees to be removed and retained with their crown spreads, Root Protection Areas, Construction Exclusion Zones, and location of protective fencing and ground protection measures accurately plotted; 3) A full specification for any access, driveway, path, underground services or wall foundations within retained tree Root Protection Areas or Construction Exclusion Zone, including any related sections and method for avoiding damage to retained trees;

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4) Details of general arboricultural matters including proposed practices with regards to cement mixing, material storage and fires; 5) Details of the frequency of supervisory visits and procedures for notifying the findings of such visits to the Local Planning Authority; 6) Method for protecting retained trees during demolition works; 7) Details of all proposed tree works, including felling and pruning. 6. 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. 7. No part of the development shall commence until a Construction Traffic Management Plan including provisions for contractor parking has been submitted to and approved in writing by the Local Planning Authority. Development shall thereafter only take place in accordance with the Construction Traffic Management Plan as approved. 8. No part of the development shall commence until an appropriate Dust Management Scheme has been submitted to and approved in writing by the Local Planning Authority. The dust mitigation measures as are approved shall be fully implemented for the entire duration of the construction phase. 9. Development shall not commence until a scheme of remediation in respect of the presence of Japanese Knotweed within the site has been submitted to and approved in writing by the Local Planning Authority. Development shall thereafter only progress in accordance with the scheme as approved. 10. The submissions made in respect of condition 01 shall include details of the location and layout of vehicular parking and turning facilities. Vehicular parking and turning facilities for each dwelling shall be laid out, surfaced and drained in strict accordance with the details as are subsequently approved and thereafter permanently retained and kept free of any obstruction, and made available solely for the parking and turning of vehicles at all times. 11. The submissions made in respect of condition 01 shall include full details of the siting and design of a pedestrian footpath link that shall be provided between the site and Summerhill Road together with a timetable for

Page 48 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014 its construction. The footpath link shall thereafter be provided in strict accordance with the details as are approved. 12. The submissions made in respect of condition 01 shall include details of the two bat activity surveys recommended in Section 5: Recommendations of the Cheshire Ecology Ltd Preliminary Bat Survey Report, together with details of how the findings of these surveys have informed the final layout of the development and any scheme of mitigation/compensation as may be necessary. Where mitigation/compensation is deemed necessary the development shall take place in strict accordance with the mitigation/compensation scheme as approved. 13. The site layout and landscaping details required by condition 01 shall include an area or areas of public open space together with a scheme that includes the following details: i) hard and soft landscaping of the open space area(s); ii) the timing of the construction and landscaping of the open space area(s); Public open space shall be provided on site in accordance with the scheme as approved and thereafter permanently retained. 14. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 43 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. 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. 16. This permission allows for a maximum of 20 dwellings to be built on the site.

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. 4. In the interests of the amenities of occupiers of neighbouring properties and the protection of existing trees. 5. To ensure the work is carried out to accepted arboricultural practices for the long term well being of the tree(s). 6. To ensure satisfactory drainage of the site and to avoid flooding. 7. In the interests of highway safety. 8. To protect the amenities of the occupiers of nearby properties. 9. To remove and control the spread of an invasive species.

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10. 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. 11. To ensure adequate provision is made for pedestrian access to the development. 12. In order to protect wildlife interests, which are afforded special protection. 13. In the interests of the appearance of the development and the standard of amenity afforded to future occupiers. 14. To ensure that adequate visibility is provided at the proposed point of access to the highway. 15. To protect the amenities of the occupiers of nearby properties. 16. In the interests of the standard of amenity afforded to the occupiers of nearby properties, the appearance of the area and in the interests of protecting trees that contribute significantly to the visual amenities of the area.

NOTE(S) TO APPLICANT

In light of the Welsh Government's forthcoming removal of developments to comply with the Code for Sustainable Homes, effective 1 August 2014, no such requirement has been imposed on this permission.

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 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:

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· 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 762 6848 or at www.groundstability.com

Page 51 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014

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. No contribution has been made towards the provision of additional primary and secondary education facilities. Without this additional provision existing schools do 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 on-site open space and as such does not accord with policies GDP1 and CLF5 of the Wrexham Unitary Development Plan.

______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0306 24 GREEN ROAD BRYMBO 29/04/2014 WREXHAM LL11 5DT COMMUNITY: CASE OFFICER: Brymbo DESCRIPTION: JS OUTLINE PLANNING APPLICATION FOR THE ERECTION OF DETACHED WARD: 3 BEDROOM DWELLING AND AGENT NAME: Brymbo ASSOCIATED EXTERNAL WORKS HDS ARCHITECTURAL SERVICES APPLICANT(S) NAME: MR CARL HUGHES MR STEVEN BLAND

______P/2014 /0306 THE SITE

The site is located between two roads, Clayton Road and Green Road, Brymbo. The access for 24 Green Road is located on Clayton Road.

New footpath

Adjacent Application Site development and Access Point P/2008/0342

PROPOSAL

As above.

Amended plans received to confirm ground and finished levels relative to the roads at front and rear of the site.

Page 53 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014

RELEVANT HISTORY

Application site (red area) and land controlled by applicant (blue area) P/2014/0220 Erection of first floor extension to 24 Green Road. Granted 21.5.14

Site below site (between Glyn Heulog and 13 Green Road) P/2008/0342 Erection of 2 No. detached dwellings and new access. Granted 2.6.08.

DEVELOPMENT PLAN

The site lies within the settlement limits as defined in the Wrexham Unitary Development Plan. Policies PS2, GDP1, H4 and T8 refer.

CONSULTATIONS

Community Council: Consulted 7.5.14 Local Member: Notified 7.5.14 Public Protection: No Comments in respect of contamination. Condition and advice notes required for environmental protection Highways: The site is located on a tight bend, on an unclassified road, subject to speed limit of 30 mph – although typical vehicle speeds are around 20 mph. The existing site suffers from substandard visibility (2.4m x 5m northwards and 2.4m x 7m southwards). The retaining wall on Green Road causes significant forward visibility issues for vehicles travelling down Green Road, and the road is restricted by this wall. Application cannot be supported unless the scheme provides significant highway improvements. The application provides a number of improvements, and although visibility at the proposed access is still below standard, it is considered that the scheme provides highway benefit. Conditions are required to control the development, and these should include requirements for a full geotechnical report to ensure that the same problems as encountered in Queens Road are not experienced, and for the new retaining wall is designed by a qualified structural engineer. Welsh Water: Land drainage and surface water to not drain to public sewer and foul and surface water discharges should be drained separately. Conditions required. NRW: Low environmental risk. Standard advice is relevant. Site Notice: Expired 4.6.14 Other representations: 5 neighbours notified, and 3 comments received raising the following: • The junction of Green Road and Halcog is already dangerous and often blocked by HGVs and

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buses, and these vehicles need to go round the bend on the wrong side of the road. The volume of traffic passing this area compounds the safety issues. During the renovation of 24 Green Road, cars have been parking on Green Road at the junction, and this is dangerous. The gateway for Glyn Heulog has been blocked on numerous occasions, and this has caused problems for own deliveries and visitors. • There is no pavement on this stretch of road. • Other new dwellings have been granted planning permission in the area (2 x 5 bed houses adjacent to Glyn Heulog), and in general congestion has increased since the development on Station Road caused that road to become one way. There is also outline planning permission for a plot of land at corner between Green Road and Holland Road, on-going development on land adjacent to Cleveland. • No more development should be allowed on this country road. • Removal of hedge for visibility will not improve visibility up Clayton Road beyond the outbuildings of Oak Villas. • Removal of hedge could cause damage as similar to what happened in Queens Road, and it could cause similar closure. • Construction traffic will have no room to deliver materials and equipment to the site and it will cause upheaval to occupiers of neighbouring properties.

SPECIAL CONSIDERATIONS/ ISSUES

Policy: No objection in principle, providing the normal technical safeguards on policy GDP1 can be satisfied.

Details: The site is sloping, and a cross section through the site between Clayton Road and Green Road below was been submitted with the application and this has been supplemented with further level surveys, and it is proposed that the ground floor level of the proposed house will be 4.7m higher than the road below – which is located at a mid point of the site frontage for the development below the site – see amenity separation heading below.

In general the proposal provides a layout that is consistent with the character of the area, and it will fill a gap between existing houses. Its position provides scope for the reserved matters to provide a house that is in keeping with the area to provide a positive contribution.

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Amenity Separation: A residential development (for 2 houses) has been approved for a site below the site (P/2008/0342). Floor levels have been confirmed in connection with that development, and the ground floor level of the southerly plot is intended to be level with centre point of this plot in relation to the boundary with the adjacent road, and the northerly plot is 1m higher than this mid point, to reflect the progressing upward gradient of the adjacent highway. The properties for this development have dormer style first floor windows.

Since levels have been confirmed, the ground floor level of the new plot will be 4.7m higher than the southerly plot and 3.7m higher than the northerly plot.

As a result the finished floor level of the new dwelling will be virtually level with the ceiling level of first floor windows for the southerly plot, and in relation to the other, it will be level to half the height of the first floor room for the northerly plot. As a result views out from the new property will essentially be over the top of the roof areas of the new houses below the site. I also note that the site is already used as a garden area with raised levels overlooking the site below, and the orientation will not result in excessive shading because the land is so much higher than the land below, and the plots below will still enjoy sunlight given the orientation of those plots. The rear of the new dwelling will also come no closer to the road below the site when compared with 1 Oak Villas, and therefore the amenity separation in this instance is acceptable.

Highway Safety: The access for the development will utilise an existing vehicular access point onto Clayton Road which serves No 24 Green Road, and this access point will be altered to give improved visibility southwards along Clayton Road, and this can be controlled by planning conditions.

Visibility northwards in the other direction cannot improved due to the position of the existing house (No. 24), but traffic speeds along this section are already curtailed by the narrow width of the roadway and the restricted view around the tight bend in the road between Clayton Road and Green Road. Highways have not objected to the new development because the proposals include a number of highway improvements to the Green Road frontage (below the site), and this work will benefit not only the new development but everyone who is using that road. The improvements to both forward visibility and pedestrian safety at this point is considered to off set restricted visibility splays at the existing access point onto Clayton Road. In any event the splay southwards from the access point will be maximised across the full frontage of the site to give the best view given the design constraints of the existing access, and this can be controlled where no controls currently exist.

Sustainability: The rules regarding the need for new housing planning permissions to control minimum sustainable building standards under the Code for Sustainable Homes are scheduled for alteration. New legislation comes into force within a couple of days of your Committee, and it allows previous National Policy guidance (PPW) on this matter to be withdrawn. Members are accordingly advised that the new Building Regulations will

Page 56 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014 ensure that sustainable development is still appropriately regulated. Since there is no scope for the reserved matters to be approved in the very short timescales, there is no requirement for the Code to be conditioned as part of this decision.

Conclusion: Although there are concerns about highway safety in the area, this proposal will not make the situation significantly worse, and the scheme includes measures that will help all users of Green Road to have improved safety because both forward visibility and pedestrian safety will be improved.

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 part of the development shall commence until a scheme for the comprehensive and integrated drainage of the site indicating how foul water, surface water and land drainage will be dealt with has been submitted to and approved in writing by the Local Planning Authority. The scheme as approved shall be implemented in accordance with a timescale to be agreed as part of the submitted details and maintained thereafter. 3. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation. 4. Within three months of commencement of development, a tree planting scheme for the area of proposed new planting shown on approved drawing no. 331/11 Revision A shall be submitted to and approved in writing by the Local Planning Authority. 5. The tree planting scheme tree planting submitted and approved in connection with condition 04 shall be implemented in the first planting season following the first use of the car park shown on approved drawing no. 331/11 Revision A. Thereafter any tree that becomes severely damaged or seriously diseased, is in a poor physiological condition and/or is removed shall be replaced by a tree of the same species as that originally planted within the next available planting season. 6. The car park shown on approved drawing no. 331/11 Revision A shall not be lit by any other means other than bollards with low level lighting as shown on that drawing. 7. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 113 metres to the south west and 2.4 metres x 105 metres to the north east measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction above the level of the adjoining carriageway. 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.

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2. To ensure that effective drainage facilities are provided for the proposed development, and that no adverse impact occurs tot eh environment or the existing public sewerage system. 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 ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 6. To protect the amenities of the occupiers of nearby properties. 7. 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.

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.

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 58 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014 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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APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0345 HOLLYBROOK HOUSE BOTTOM 16/05/2014 ROAD SUMMERHILL WREXHAM LL11 4TR COMMUNITY: CASE OFFICER: Gwersyllt DESCRIPTION: JS REPLACEMENT STABLE BLOCK

WARD: APPLICANT(S) NAME: AGENT NAME: Gwersyllt North MRS S JONES G RAYMOND JONES & ASSOCIATES MR M DAVIES

______P/2014 /345 THE SITE

Access point – subject of condition 7 of P/2005/1153

Application Site

The site is located behind Hollybrook House, and the whole field behind this property is owned/controlled (land edged blue on application documents) by the occupier of Hollybrook House.

PROPOSAL

As above. The stable will measures 10.8m wide by 9.6m long and 4m high to ridge. The building gives enough room for 4 horses. The walls will be clad with timber and the roof will be juniper green metal sheeting.

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HISTORY

P/2005/1153 Demolition of existing pair of semi-detached houses and erection of 2 No. linked detached replacement dwellings including conversion of outbuildings as ancillary accommodation and repositioning access drive. Granted 5.12.05 P/2007/0737 Amendment to previously approved remodelled outbuildings (Code No P/2005/1153) to form ancillary residential buildings to plot 2. Granted 1.8.07. P/2009/0352 Relaxation of Condition 7 of P/2005/1153 and condition 6 of P/2007/0737, which required access closure. Granted 12.6.09. [This application allowed an access point to the field to be retained]

DEVELOPMENT PLAN

Outside settlement limits, and adjacent to Green Barrier and Special Landscape Value. Policies PS2, GDP1 and EC4 of Wrexham UDP apply.

CONSULTATIONS

Community Council: Objects – the site is outside the settlement limits. Local Member(s): Notified 20.5.14 Public Protection No comments Natural Resources Wales: No objections but advice from ecologist is required, and standard advice applies Highways: The site access was given approval in 2009, and no objections provided the use is restricted to family use only – condition required to prevent commercial or business use Site Notice: Expired 12.6.14 Neighbours: 2 neighbours notified 13.6.14

SPECIAL CONSIDERATIONS

Policy: Although the site is outside the settlement limits, the proposed building is acceptable in policy terms providing it does not harm the character and appearance of the local area. Although the use of the building is not agricultural, it will serve as an ancillary purpose to allow horses to graze on the adjacent 1.6 hectares field. This land controlled by the applicant (as edged blue as part of the documents). Other non-agricultural uses are not indicated as part of the application, and those uses would require separate planning permission if these are required at any stage in the future.

The position of the building as proposed is acceptable. It will be located near to existing buildings, and this position also has the benefit of minimising any servicing requirements from the highway, and it will be close to the applicant’s existing property for natural surveillance. Therefore it will not appear as an isolated building within the countryside.

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There is an existing hedgerow adjacent to the highway and this can be maintained. Based upon the size and appearance, it stables will not have a significant impact or harm on the landscape. It is also noted that there are a number of stables on the other side of the highway at this point, and therefore the visual harm is limited, and the character is consistent.

Conclusion: The proposal involves a relatively small building that is intended to support agricultural grazing purposes of the adjacent land, and it will not be harmful to the character and appearance of the area subject to appropriate conditions.

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. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) and as contained within the application documentation. 3. The stable building shall be positioned no closer than 3m to the centreline of the existing highway boundary/hedge. 4. A hedgerow of native species shall be provided/maintained along the highway boundary to the site within the points marked A to B as shown on the approved Block Plan, and this boundary feature shall be allowed to grow and not be allowed to fall below a height less than 2m above the adjacent road surface. 5. The stables hereby approved shall not be used for any commercial or business purposes.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the development fully complies with the appropriate policies and standards. 3. To ensure that the building is set back off the boundary with the highway, in the interests of the visual amenities of the area. 4. To ensure that the building is adequately screened, in the interests of visual amenities of the area. 5. To ensure that the use of the access that serves the building is restricted to non commercial or business purposes only due to the design constraints of the existing access.

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NOTE(S) TO APPLICANT

Standard advice from Cyfoeth Naturiol Cymru/ Natural Resources Wales is applicable and a copy is enclosed as part of this decision notice. You are advised that this permission for stables does not authorise the use of the adjacent land for uses which are not agricultural.

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.

There should be no burning of manure and soiled horse bedding at the site. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0360 KNOLTON FARMHOUSE CHEESE 20/05/2014 LTD OSWESTRY ROAD OVERTON WREXHAM COMMUNITY: LL13 0LG CASE OFFICER: Overton MP DESCRIPTION: EXTENSION TO EXISTING DAIRY WARD: BY-PRODUCTS BUILDING TO AGENT NAME: Overton HOUSE MILK DRYER UNIT, ANDY FOSTER STORAGE AND OTHER ANCILLARY ARCHITECTS USES AND NEW CAR PARK MR RANDAL TURNER

APPLICANT(S) NAME: MR JONATHAN LATHAM KNOLTON FARMHOUSE CHEESE

______P/2014 /0360 THE SITE

Proposed Proposed car park extension

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PROPOSAL

The new buildings comprise:

i) A 25m high milk drying unit; ii) A 10 metre high and 440 square metre building for use as a store; iii) A 10 metre high and 130 square metre building to be used for cleaning and packaging.

In addition a new 40 space parking area is also proposed.

The current evaporation plant is used to reduce the water content in milk from 88% to 65% to produce condensed milk, which is then removed from the site in tankers. The proposed building will allow the remaining water in the milk that has first been processed in the existing evaporation plant to be removed resulting in a milk powder being produced. As such the development is for an extension to an existing plant and process rather than for an entirely new and separate production line.

HISTORY

6/23644 Extension to existing dairy by-products building and construction of new vehicular access. Granted 11.9.1995. P/2003/1337 Additional site capacity for existing evaporation of milk and loading / unloading bays. Granted 14.1.2004 P/2008/0383 Extension to existing cheese making dairy. Granted 2.6.2008 P/2011/0202 New build cold store building and change of use of existing unit into cold storage building and butter processing plant. Granted 1.7.2011 P/2011/0447 Fit solar PV panels to roofs of cheese factory. Granted 5.8.2011

DEVELOPMENT PLAN

Outside of settlement limit and within Green Barriers. Policies PS2, GDP1, EC5 and T8 are applicable.

CONSULTATIONS

Community Council: Have raised the following objections/issues; 1. The current condition of the A528 leading up to the St Martins junction (B5069) is very poor. The road surface has deteriorated quite severely in places. There is poor drainage which causes flooding when it rains. These issues would need to be addressed prior to the completion of the proposed extension to the dairy buildings; 2. The B5069/A528 junction already presents a hazard with the HGV usage and an increase of 44 ton HGV traffic is felt to be likely to lead to a

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serious incident. Immediately prior to that junction on the B5069 when travelling from St. Martins is a blind curve. HGV traffic turning from the A528 into the B5069 especially from the Ellesmere direction, are forced by their very size to cross the white line placing them into the path of traffic from St. Martins who come blindly across the vehicle. It is also a hazard when two vehicles of a similar size meet. The junction needs to be straightened to accommodate safely the high volume of HGV traffic experienced presently. The perceived additional volume of HGV usage would suggest an improvement has to be placed as a matter of urgency. 3. Clarification as to the expected daily traffic movements the development will generate is requested. The increase in HGV lorries will have an impact on the already busy village of Overton. 4.The visual impact of the building can be seen from quite a distance, even when trees are in full leaf. Whilst we appreciate that the applicant has considered the colour of the building needs to be green rather than blue as recommended by the Local Authority, Overton Community Council would request that part of the condition of any successful application should be that mature trees are planted around the building in order to ‘camouflage’ it from view within a few years. Local Member: Notified 18.6.14 Susan Elan Jones MP: My constituents have expressed concerns in relation to the increased industrialisation of the countryside as well as noise from a twenty four hour process. Some constituents have also asked me to raise concerns they have in relation to the visual impact of the proposed alterations. Public Protection: Recommend a condition in respect of noise levels. The noise assessment demonstrates the proposed new plant should be able to comply with the noise condition provided that the overall sound power level for the entire new plant does not exceed 88db(A). Note that the applicant has appointed a sound attenuation company to ensure that this requirement is met. Highways: Have the following comments: - it would appear that adequate lateral visibility is available from the existing access in both directions; - forward visible for vehicles approaching from the north-east also appears adequate;

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- the provision of visibility splays requires regular maintenance of the verge/hedgerow fronting the site and on the opposite side of the road; - a maximum of 74 parking spaces would normally be required in accordance with LPG16. However the proposed level of parking is acceptable given the prevailing shift patterns and staff numbers; - understand the site operates a one way system for HGV movements. This is considered acceptable; - no objection subject to conditions in respect of visibility splays and the proposed parking/turning areas being provided; - confirmed that given the scale of the development and relatively low anticipated increase in daily vehicle movements to / from the site compared with existing movements along the B5069 it is not considered appropriate to request any improvements / modifications to the A528 / B5069 junction Welsh Water: Consulted 23.5.14 NRW: No objection but has the following comments: - the proposal is within 500m of the River Dee and Bala Lake SAC and River Dee SSSI; - The applicant needs to ensure that the effluent discharged from these new works will still be within the limits provided in the current environmental discharge permit held by the site. NRW consider that as long as this advice is followed that the proposal is unlikely to have adverse effects on the SSSI/SAC; - Vehicle loading/unloading bays and storage areas involving chemicals, refuse or other polluting matter shall not be connected to the surface water drainage system; - It is assumed soakaways will be used. This is acceptable provided that all roof water down pipes are sealed against pollutants entering the system from surface water run-off; - Where infiltration SUDS are to be used for roads, car parking and public or amenity areas, they should have a suitable series of treatment steps to prevent pollution of ground water. Site Notice: Expired 18.6.14 Neighbours: 19 representations objecting and expressing the following concerns: - visual impact/detrimental impact upon the countryside/landscape due to the height of the building.

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- It will dominate this part of the Dee Valley; - Knolton Cheese is not a rural business since the majority of its milk is delivered from other farms meaning it could just as easily be on an industrial estate; - highway danger – lack of visibility at the junction of the B5069 and the A528; - additional traffic; - Illumination of the proposed car park; - Noise from the car park; - Noise; - Light pollution; - Odour; - This is not an industrial area/inappropriate location for an industrial development; - No way of screening the buildings; - The development does not make a positive contribution to the appearance of the nearby locality; - The only reason for allowing this proposal (that the existing Knolton Farmhouse Cheese Ltd buildings create a precedent) is a poor and perverse reason. It has long baffled those who live nearby why the original buildings were granted permission. It would be perverse to compound that mistake by allowing further industrial development. There would appear to be a real danger that another application would, in effect, establish this as an industrial site and attract yet more applications; - Creeping industrialisation of a rural area; - Additional HGVs entering and leaving the site; - Additional HGV traffic passing through Overton; - Increased pollution of the River Dee; - Applicants fail to maintain their drainage systems; - Loss of amenity; - Loss of view/development visible from many homes in Overton; - Many feel something underhand is going on; - Development of the farm into a light industrial site took place without proper consultation; - Distrust of the integrity of the site owners; - Home owners who look directly at the site have not been contacted; - The development is within in a rural setting and just on the outskirts of Overton; - Totally out of keeping with the designation of Overton as a Conservation Village; - Better sited on Wrexham Industrial Estate;

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- Effect of vibration from traffic of listed buildings; - Waste produced by the site; - If the business has ceased to be a cottage industry it should be sited on a suitable industrial estate or perhaps the recently closed Dairy Crest site at Cross Lanes, Marchwiel. - In an area of such natural beauty such a high buildings should not be allowed; 13 representations supporting the application for the following reasons - Small local businesses should be supported; - Knolton Farmhouse Cheese have provided jobs to many local people; - There are many families that are dependant on this site remaining successful and operational; - This is a relatively small and logical extension of an existing industrial site; - Safeguarding of jobs and creating new jobs; - Knolton Farmhouse Cheese always try to support local businesses when sourcing materials; - Noise from the site is not noticeable or constant; - Views of the existing facility is already obscured by trees; - A decrease in HGVs - Support for the local economy; - This is an expansion of an existing business not an entirely new development; - Not having the dryer could be a disaster for the business; - All businesses require investment;

SPECIAL CONSIDERATIONS

Policy: The UDP has no specific policies dealing with extensions to established business premises located in the countryside. However Planning Policy Wales (Chapter 7) advises that the “expansion of existing businesses located in the open countryside should be supported provided there are no unacceptable impacts on local amenity”.

The erection of buildings on the site now subject to the current proposals was granted planning permission in 1995 (reference 6/23644). That development permitted the erection of the existing 17m high evaporation plant as well as a 20 metre high processing/evaporation building, a 12.5 metre high cream separation plant and a 10 metre high storage building. The erection of the evaporation plant means that the permission was lawfully, albeit partially, implemented, thus additional buildings could be erected on site irrespective of the outcome of this application.

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I will consider the visual, amenity and highway impacts of the developments of the development in more detail below, however in light of national planning policy and a credible fall back position there is no objection in principle to the proposals.

Economic Benefits: Knolton Farm House Cheese Limited is an established local business that has operated from this site for almost 20 years. It employs 28 full time staff and has trading relationships with around 50 local companies. It is therefore clearly an integral and important part of the economy of the south eastern part of the County Borough.

The proposed development represents an investment of approximately £3million to provide the capability to dry milk in order to turn it into milk powder and is expected to create up to 6 additional full time skilled jobs. There are currently no similar facilities in the locality with milk having to be transported to Somerset or to Ireland by HGV.

In addition to the manufacture of cheese the existing business also processes milk transported to the site. The existing evaporation plant is used to reduce the water content of milk which is then transported from the site for use in the manufacture of dairy products. The proposed dryer plant will allow for milk to be dried into powder which will also be transported from the site for use elsewhere.

The dairy industry is semi-seasonal and its output is influenced by the weather. Dairy herds generally produce more milk when they are out on grass during the summer months than they do when housed in sheds and fed silage during the winter – although a dry summer will also reduce milk production. The quality of silage fed during the winter can also affect milk production which is in turn is dependent on how good the weather was in the previous summer.

The demand for dairy products also fluctuates throughout the year. Whilst the consumption of milk is fairly constant through the year, the consumption of other products such as butter and cheese vary with the seasons. One of the key benefits of turning milk into powder is that it is no longer perishable and therefore can be stored for longer.

The proposed development is intended to make the business more competitive and allow it greater flexibility to respond to fluctuations in the dairy product market – both in terms of the production of milk and the consumption of dairy products.

Design and Visual Impact: The proposed storage and cleaning/packing buildings will be located behind an existing building, the 17m high evaporation plant. These buildings will be similar in appearance to the existing buildings and will be viewed in the context of the existing industrial character of the site. They will not be unduly prominent from nearby or distant viewpoints.

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The proposed milk drying building will also be similar in appearance to the existing buildings but at 25 metres high will be the same height as the existing smoke stack and 8 metres taller than the existing evaporation plant. It is also 5 metres higher than the processing/evaporation plant granted planning permission in 1995. I understand that modern milk drying equipment is taller than the equipment available in 1995 which is why the previously approved building could not built and used for that purpose.

The application is accompanied by a Landscape and Visual Impact Assessment that confirms that the milk drying building will be particularly prominent from nearby viewpoints. Nevertheless, the buildings will be adjacent to existing tall buildings and structures within the site thus ensuring they will be viewed in the context of its existing industrial character. This ensures the visual impact is less than if the building were located elsewhere on the site.

When travelling further away from the site views of it are increasingly obscured due to the topography of the surrounding landscape as well as features within that landscape such as trees and hedgerows – and this is confirmed by the Landscape and Visual Impact Assessment. Nevertheless the proposed building will be visible from some distant viewpoints – notably against the skyline when viewed from the north. Whilst this may be the case, the development will not be unduly prominent nor harmful within the wider rural landscape and Special Landscape Area.

The applicants have considered using a grey or light blue colour cladding for the proposed milk dryer as a way of the reducing its impact upon the skyline. This has been discounted and the cladding will match the dark green used on the existing evaporation plant. Given that the building will largely been in a silhouette against the skyline I would agree that using a lighter colour will not achieve any significant reduction in visual impact.

There is no right to a view over private land therefore it would be unreasonable to refuse permission for the development on the grounds that it may impact upon or alter views currently enjoyed by local residents.

The Community Council have requested that if permission is granted that the planting of tall trees is required by condition. It would take any trees planted many years to reach a size and degree of maturity to screen a development of this size and even then it is unlikely that the highest parts of the development would be screened.

The development will not impact upon the character or setting of the Overton Conservation Area which is over 800 metres from the proposed buildings.

The car park is largely screening by existing buildings and landscaping so it will not have a significant impact upon the wider rural landscape.

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Amenity: The proposed buildings are 150 metres from the nearest dwellings and around 950 metres from the nearest properties in Overton so will not prove overbearing or result in unacceptable loss of light to habitable rooms.

A condition to limit noise levels relative to existing background levels will be attached and, based on the findings of a recently completed noise assessment, I am satisfied the development will be able to comply with the requirements of the condition. Compliance with it will ensure that the development will not give rise to unacceptable noise disturbance.

Because the provision of a hard surface with the curtilage of an industrial building is permitted development under Part 8, Class C of the Town and Country Planning (General Permitted Development) Order 1995, the car park does not, by itself, require planning permission.

Part of the proposed 40 space car park will occupy the site of the existing 10 space parking area. The existing parking area park is 10 metres from the boundary of an adjacent residential property at its nearest point. Whilst the proposals will see it extended considerably, 90% of the additional spaces will be between 20 and 50 metres from that boundary. Accordingly I consider it unlikely that it will generate significant additional noise nuisance.

The eastern boundary of the site is currently reasonably well screened and the applicants have indicated that lighting will be via bollards with low level lighting. Additional planting is also proposed. Accordingly the use of the car park is unlikely to result in the occupiers of the nearest dwelling suffering significant light nuisance.

Access/Traffic: The proposed vehicular access is provided with adequate visibility in both directions and can therefore safely be used by vehicles serving the site.

Given that in order to produce milk powder milk will first have to be processed in the existing evaporation plant before being passed to the dryer unit, the development will not increase the total production capacity of the site but instead provides an additional processing facility. Dried milk has the volume of around 12% of that of liquid milk so will require fewer HGVs to transport it from the site therefore development is unlikely to generate a significant increase in the number of vehicles moving to/from the site. Indeed it could result in a reduction in vehicle movements to and from the site depending on the ratio of dried milk to condensed milk that is produced.

Odour: Public Protection has no record of complaints being received regarding odour from operation of the existing site. The applicant has also confirmed that all exhaust air from the development will be passed through a ventilation system that removes any residual powder or odour. A full specification for this equipment will be required by planning condition and subject to it being installed the development should not give rise to significant odour nuisance or dust.

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Drainage/pollution: The site has an existing effluent plant which is used to process all liquid waste. The discharge of effluent from this plant is regulated under a permit issued by Natural Resources Wales.

Provided the limits established by an existing permit are adhered to, then the development will not have a significant or detrimental impact upon the River Dee SAC and SSSI. Indeed as NRW have not objected to the development I have no reason to believe the development will significantly increase the risk of pollution. Compliance with the existing permit is matter for the NRW to enforce.

Publicity: The application has been publicised in accordance with the statutory requirements set out in the Town and Country Planning (Development Management Procedure) Order 2012. I appreciate that the owners/occupiers of properties in Overton have not been notified however it is normal practice to only notify the owners/occupiers of properties adjoining or close to an application site.

Conclusion: The development will secure benefits for the local economy in terms of additional jobs as well as the long term competitiveness of an established business without unduly impacting upon the Special Landscape Area, highway safety or residential amenity. Accordingly I am satisfied it complies 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. No part of the development shall commence until a scheme for the comprehensive and integrated drainage of the site indicating how foul water, surface water and land drainage will be dealt with has been submitted to and approved in writing by the Local Planning Authority. The scheme as approved shall be implemented in accordance with a timescale to be agreed as part of the submitted details and maintained thereafter. 3. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation. 4. Within three months of commencement of development, a tree planting scheme for the area of proposed new planting shown on approved drawing no. 331/11 Revision A shall be submitted to and approved in writing by the Local Planning Authority. 5. The tree planting scheme tree planting submitted and approved in connection with condition 04 shall be implemented in the first planting season following the first use of the car park shown on approved drawing no. 331/11 Revision A. Thereafter any tree that becomes severely damaged or seriously diseased, is in a poor physiological condition and/or is removed shall be replaced by a tree of the same species as that originally planted within the next available planting season.

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6. The car park shown on approved drawing no. 331/11 Revision A shall not be lit by any other means other than bollards with low level lighting as shown on that drawing. 7. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 113 metres to the south west and 2.4 metres x 105 metres to the north east measured to the nearside edge of the adjoining highway. Within these splays there shall be no obstruction above the level of the adjoining carriageway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 8. 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 nearby 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. 9. The milk drying plant shall not be brought into use until dust and odour control systems have been installed in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority. Odour and dust control systems shall thereafter be retained and maintained in an operational condition.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that effective drainage facilities are provided for the proposed development, and that no adverse impact occurs tot eh environment or the existing public sewerage system. 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 ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 6. To protect the amenities of the occupiers of nearby properties. 7. To ensure that adequate visibility is provided at the proposed point of access to the highway. 8. To protect the amenities of the occupiers of nearby properties. 9. 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.

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,

Page 74 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014 and at no time on a Sunday or a Bank Holiday.

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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APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0373 16 TO 18 GROSVENOR ROAD 23/05/2014 WREXHAM LL11 1BU COMMUNITY: CASE OFFICER: Rhosddu DESCRIPTION: MP DEMOLITION OF NO. 18 AND CONVERSION AND EXTENSION OF WARD: NO. 16 TO PROVIDE 20 NO. EXTRA AGENT NAME: Grosvenor CARE APARTMENTS. WYNN ROGERS CYF MR BRYN COLBORNE APPLICANT(S) NAME: MR & MRS MARIO & GILL KREFT PENDINE PARK CARE ORGANISATION

______P/2014 /0373 THE SITE

Application site

PROPOSAL

The proposal is for the demolition of no.18 (for which Conservation Area Consent is also sought separately) and the conversion and extension of no.16 to provide 20 extra care apartments. Around 80 square metres of office space will be retained in the existing building (no.16 Grosvenor Road).

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HISTORY

P/2013/0368 Conservation Area Consent for demolition/removal of two 'system' built prefabricated single storey buildings. Granted 18.7.2013 P/2014/0062 Demolition of no. 18 and conversion and extension to no. 16 to provide 21 no. extra care apartments. Refused 24.3.14 P/2014/0063 Demolition of no. 18 Grosvenor Road (within a Conservation Area). Refused 24.3.14 P/2014/0374 Demolition of no. 18 Grosvenor Road (within a Conservation Area). Pending – see following agenda item.

DEVELOPMENT PLAN

Within settlement and Grosvenor Road Conservation Area. The site forms part of an area covered by policy E7. Policies GDP1, H3, EC7, EC8 and T8 also apply.

CONSULTATIONS

Community Council: Has made the following comments: - no objection to the proposed use of extra care apartments, but the use should be restricted to such extra care apartments, preferably by way of a Planning Agreement, so that the building could not be used for some other purpose, such as general housing, without a further planning application and permission which would take into account such issues as highway access afresh; - it is presumed the Highways Department will be able to advise on Highways issues such as access on to the busy Grosvenor Road whether the pedestrian crossing should be relocated at the applicants’ expense; the parking requirements of residents, staff, and visitors; access for Ambulances; - the façade fronting Grosvenor Road of the new build on the site of no.18 should match in with the façade of the retained no.16 and comprise (Ruabon) brick with rendered panels, similar fenestration, so as to be in keeping with the Conservation status of Grosvenor Road. Local Member: Notified 3.6.14 Public Protection: Recommend conditions and advisory notes in respect of demolition/construction noise and dust and noise attenuation for the proposed apartments. Highways: Have the following comments:

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- visibility splays of 2.4 x 43m visibility splays required from any existing/proposed access; - southerly access is 6m wide and provides splays in excess of 2.4 x 43m in both directions; - existing central access is 4.6m wide and suffers from poor visibility. It is proposed to close up this vehicular access and utilise it as a pedestrian only access. Recommend that the existing dropped kerb is restored to full height; - it is proposed to construct a new (‘in’ only) access at the northern end of the site and to operate a one way system around the perimeter. Details of appropriate signage will be required; - the submitted plan has attempted to demonstrate the swept path movements of an 11m refuse vehicle entering and existing the site utilising the area to the front of the site for refuse collection. The swept path movements do not show details of the existing kerblines/footways along both sides of Grosvenor Road which if included would indicate if there is any encroachment over the centre line of the carriageway which may be detrimental to highway safety. Suggest applicant indicates this detail on an amended plan; - suggest a swept path for a typical car is provided; - the Waste Services Section would expect any bins to be brought to a suitable area at the front of the site – this would need to be carried out by residents/staff at the site. This area needs to be demonstrated and confirmation given who will move the bins as and when required; - consider the level of parking inadequate. I understand there are significant on-street parking problems in close proximity to the site along Gerald Street and Vernon Street which causes particular annoyance to residents in this area. This is not helped by the lack of off-street parking along these streets. Any shortfall at the development may lead to additional parking along these streets; - although I have concerns regarding parking provision it may be argued that the nature of the development site and its close proximity to the town centre would offset the requirement for additional parking provision. However if it is

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not proposed to increase parking provision I would recommend a condition that prevents residents parking at the site. The proposed 12 parking spaces could then be restricted to use by staff and visitors only. - proposed footpath link would pass through an existing car parking area/vehicular access serving existing commercial units along King Street. I understand that this footpath link will be provided with a lockable gate and that residents will be provided with a card which would provide access through the gate into the building; - recommend conditions if any permission is granted. Welsh Water: Advise drainage conditions be attached. NRW: No objection. Education: Contributions to primary education required. Civic Society: Consulted 3.6.14 Site Notice: Expired 30.6.14 Press Notice: Expired 4.7.14 Neighbours: The owners/occupiers of 18 nearby properties notified 9.6.14. 1 objection received expressing the following concerns: - overwhelming of adjacent buildings; - serious problem of overlooking; - loss of natural light; - the development lies within the conservation area and is totally out of keeping with the existing surroundings both in terms of height and density; - the plans indicate a footpath access down the side entry to no.43a King Street. Other properties have a vehicular right of access and it is not of adequate width for a vehicle and pedestrian to pass. This would create a safety issue and create effectively a public right of way and free access between King Street and Grosvenor Road. It would also exacerbate vagrancy problems experienced by all of the King Street occupiers at the rear of their properties.

SPECIAL CONSIDERATIONS

Background: A similar proposal was refused earlier this year for the following reasons:

1. Concerns about the siting, scale, massing and height of the building;

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2. Concerns about the safety of pedestrians using a proposed footpath link to be provided between the site and King Street, as well as the security of the site as a result of the footpath; 3. Inadequate provision for vehicles that will service the site; 4. Inadequate provision for off-street parking.

The proposals have subsequently been amended and the main differences between the previous and current proposals are: i) a reduction in height of the building fronting Grosvenor Road that will replace no.18 together with improvements to it’s front elevation; ii) a substantial reduction in the overall height of the new building to be located towards the rear of the site; iii) a reduction in the number of apartments from 21 to 20.

Policy: The site lies within the built up area of Wrexham and in an area where commercial office development is directed by policy E7. The policy does not seek to resist the loss of commercial offices from Grosvenor Road nor does it explicitly prevent changes or use/redevelopment for other purposes. Accordingly there is no policy objection in principle to the proposed development.

Design: The site is prominently situated on Grosvenor Road, one of the principal routes into Wrexham Town Centre and the one of the key roads within the Grosvenor Road Conservation Area.

The merits of the demolition of no.18 will be considered in my report for the parallel application for Conservation Area Consent (P/2014/0374) – see the following agenda item.

The refurbishment of no.16 Grosvenor Road respects its traditional Edwardian Character. Adjacent to it a 3 storey building is to be erected that, whilst having a more contemporary appearance, respects the general form of development along Grosvenor Road in terms of its siting, scale and design and will enhance the appearance of the site, the street scene and Grosvenor Road Conservation Area.

The development will also extend towards the centre and rear of the site. With the exception of two stairwells/lift shafts and an upper storey communal room this part of the development will have 3 storeys with the flat roof of the third storey used as a communal garden/amenity area. This part of the development will be largely screened from view by adjacent buildings, no.16 Grosvenor Road and the new building alongside it so will preserve character of the Conservation Area.

The plans suggest that external facing materials will be a mix of brick and render. Whilst noting the Community Council’s preference for the new buildings to be built of red bricks matching those used on no.16 Grosvenor Road and for a similar style windows, I do not consider this necessary. The building will differ in appearance to no.16 and as already noted above its front

Page 80 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014 elevation will have a more contemporary appearance. Furthermore the other buildings on Grosvenor Road are not all constructed of Ruabon red brick and do not have windows/doors identical in appearance. Full details of external materials and windows will be required by condition.

Amenity: The Council does not have any adopted standards in respect of space between commercial buildings and other development (commercial or residential). Local Planning Guidance Note 21 only provides guidance regarding separation distances between existing and proposed residential properties.

I am unaware of any part of the buildings immediately adjacent or to the rear of the site being used for residential purposes. Whilst noting that concern has been raised in respect of privacy and daylight, I do not believe that town centre commercial premises need to be afforded the same level of privacy as habitable rooms of dwellings located in predominately residential areas. Being overlooked by any part of the development is unlikely to prejudice the continued use of nearby properties and as relatively limited loss of light is likely, this is also unlikely to significantly prejudice the continued use of those properties.

The layout of the site ensures that all of the proposed apartments will be afforded adequate levels of daylight and privacy. There will also be 3 internal communal rooms of 30 square metres each, a ground floor communal garden/external amenity area of nearly 240 square metres and a roof garden/amenity area of just over 380 square metres. Accordingly an acceptable standard of amenity will be afforded to future occupiers.

The fact that the site fronts a busy town centre road means that some of the properties may be subject to elevated levels of noise. However this is something which can be mitigated by the incorporation of higher specifications of glazing than otherwise would be the case. A condition requiring a noise survey and details of any required mitigation will be attached.

Vehicular Access/Parking: The existing centrally located access will be closed to vehicles and replacement by a new access located closer to the north-eastern boundary of the site. This will only be used to allow vehicles entry to the site with the existing south-westerly access retained and used to allow vehicles to exit. The latter provides adequate visibility in both directions.

I note the concerns expressed by Highways but the submitted plans demonstrate that a refuse vehicle can enter and leave the site - entering from the north-east only and exiting to the south-west. Whilst no plans have been submitted showing refuse vehicles entering or leaving in the opposite direction, the servicing arrangements for the site represent an improvement over the current situation and are no worse that the servicing arrangements for a number of other properties along Grosvenor Road. Accordingly I am satisfied the site can be serviced without significant adverse impact upon highway safety.

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I am satisfied that cars and smaller service vehicles will be able to negotiate the internal access road.

The LPG16 maximum provision for the site is 40 spaces for proposed flats and 2-3 spaces for the offices. A total of 12 parking spaces are proposed. Assuming 2 spaces are reserved for care staff this leaves sufficient spaces to allow for only half of the apartments to be allocated an individual parking space.

The site is easily accessible by public transport with the bus station on King Street only a short distance away. Wrexham Central and General Railway stations are approximately 500 and 600 metres away respectively. The site is a short distance from the town centre which is easily accessible on foot and the provision for the parking of mobility buggies ensures the town centre will also accessible for residents with restricted mobility.

I appreciate that some residents will be visited by friends and family who will arrive by car however the site is within walking distance of a number of town centre car parks so visitors will not be denied relatively easy access to the site.

Whilst the parking provision is significantly below the LPG16 maximum, in light of the above I am satisfied that the low level of on-site parking is acceptable in this instance and I do not consider it necessary to impose restrictions upon who can use the parking spaces. Whilst it is inevitable that the some occupiers will not be allocated parking spaces, this will be apparent to prospective purchases/occupiers prior them buying or leasing one of the apartments. The site is therefore unlikely to prove attractive for residents who are reliant upon their car. Amended plans have been submitted that demonstrate the parking spaces will be of the correct size required by LPG16.

A Service and Deliver Management Plan will be required by planning condition to ensure that arrangements are put in place for bins to be brought from the proposed bin storage area to an appropriate location for collection.

Pedestrian Access: Pedestrian access from Grosvenor Road is acceptable but the proposals also make provision for a pedestrian link to King Street via a new path at the rear of the site. I understand that the land required to provide this link is now entirely in control of the applicants and therefore can be delivered.

The pedestrian link will pass along the gap between nos.41 and 43A King Street. This is a narrow passageway only just wide enough for a vehicle to pass along and there is no scope to provide segregated a pedestrian footpath. The led me to express concerns about pedestrian safety when considering the previous application. I was also concerned that the path could result in pedestrians walking through an area to the rear of nos 41 and 43A King Street that is not subject to a high level of natural surveillance particularly at night when the adjacent business premises have closed.

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Planning permission would not be required to provide an opening in the wall between the application site and the land to the rear of nos.41 and 43A King Street to facilitate pedestrian access and therefore the issues discussed above would not, by themselves, be valid reasons to withhold permission.

Whilst the service yard to the rear of the dwellings on King Street is used as a parking area the space available is fairly limited meaning the number of vehicular movements thought the day will be relatively low. Provided the access is only used by residents of the development (which I understand is the applicant’s intention) the amount of pedestrian traffic is likely to be relatively low. Accordingly the risk to pedestrian safety will also be relatively low.

Ensuring the access is only available for use by the residents of the development together with security measures such as lighting or CCTV cameras will also reduce the risk of both the application site and the properties of King Street being at risk of anti-social behaviour. Measures to aid the security of the site will be required by condition.

Other Matters: Were this a conventional residential development the applicant/developer would be required to make financial contributions to education and towards public open space.

The applicant’s intention is to provide housing specifically designed to meet the needs of those who may be infirm or who are older but for whom close access to the town centre is important. Three communal rooms are provided along with a communal laundry facility. In addition to being used by residents for social events/activities, the rooms could also be used to provide services to residents should this be required. It is intended that meals services and cleaning services will be available to residents as well as specialist services provided by care providers. Accordingly this is not a conventional residential development

An occupancy restriction will be imposed so that the apartments are only occupied by those over the age of 55 and/or those with a personal care plan requiring care to be provided a personal care team as well as partners or dependant relatives of such persons. Whilst the condition will not prevent the apartments from being occupied by a person or persons with children there is less likely to be the level of demand for school places than would be were the site occupied as normal family housing. Accordingly school contributions will not be required in this instance.

The provision of on-site open space is unachievable, however a total of just over 600 square metres of communal open space will be available for residents which should ensure that the development does not place undue pressure on open space in the locality. Taking this and the specialised nature of the accommodation into account, subject to the imposition of the occupancy condition, there is no requirement for contributions towards off-site public open space provision in this instance.

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Conclusion: The development will make a valuable contribution towards the provision of housing for infirm or older residents in a sustainable location without adversely impacting the use of adjacent properties. It will also enhance the character of the site and wider Grosvenor Road Conservation Area and bring a previously developed site back into beneficial use. Accordingly I am satisfied 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. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) numbered 2 Revision i, 7 Revision B, 8, 9a, 10a, 11a and 12 Revision A and contained within the application documentation. 3. No part of the development shall commence until a noise survey in order to determine noise levels for both day and night has been carried out, and a detailed report of the survey findings together with a detailed scheme of noise attenuation and/or noise insulation measures has been submitted to and approved in writing by the Local Planning Authority. The measures as are approved shall be fully implemented prior to the first occupation / use of the development. 4. With the exception of the demolition of no.18 Grosvenor Road, no part of the development shall commence until a scheme for the comprehensive and integrated drainage of the site indicating how foul water, surface water and land drainage will be dealt with has been submitted to and approved in writing by the Local Planning Authority. The scheme as approved shall be implemented in accordance with a timescale to be agreed as part of the submitted details and maintained thereafter. 5. No part of the development shall commence until an appropriate Dust Management Scheme has been submitted to and approved in writing by the Local Planning Authority. The dust mitigation measures as are approved shall be fully implemented for the entire duration of the construction phase. 6. With the exception of the demolition of on.18 Grosvenor Road no development shall take place until a Service and Delivery Management Plan has been submitted to and approved in writing by the Local Planning Authority. The Service and Delivery Management Plan shall include (but not be limited to) the arrangements to be put in place for the collection of refuse from the site. The site shall thereafter operate in strict accordance with the Service and Delivery Management Plan as approved. 7. 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. 8. No new or replacement windows or doors shall be installed until drawings to scale 1:5 and 1:20 fully detailing all new or replacement windows and doors have been submitted to and approved in writing by the Local Planning Authority. The details shall fully describe the proposed materials,

Page 84 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014 decorative/protective finishes, cross sections for glazing bars, sills, heads etc, method of opening and glazing type. Windows and doors shall thereafter only installed in strict accordance with such details as are approved. 9. 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. 10. The landscaping scheme submitted and approved in connection with condition no. 9 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved scheme. 11. The vehicular parking and turning areas as shown on approved drawing(s) No(s). 2 Revision i 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 motor vehicles at all times. 12. Prior to first use of the development hereby approved the south- western vehicular access shall provide visibility splays of 2.4 metres x 43 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. 13. 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. 14. 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. 15. Prior to the first occupation/use of the development the existing centrally located access from the site onto Grosvenor Road shall be permanently closed to vehicular traffic in accordance with details that shall first have been submitted to and approved in writing by the Local Planning Authority. 16. No part of the development shall be occupied/used until measures have been put in place to clearly identify that the north-western access is to be used for entry only and the south-western access is to be used for egress only in accordance with details that shall first have been submitted to and approved in writing by the Local Planning Authority. The measures shall thereafter be permanently retained. 17. No part of the development shall be occupied/used until security measures in respect of the pedestrian link between the site and King Street have been put in place in accordance with details that have first been submitted to and approved in writing by the Local Planning Authority. The measures put in place shall thereafter be permanently retained. 18. 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

Page 85 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014

19. The occupancy of the apartments hereby granted planning permission shall be restricted to: a) a person aged 55 years or over and to any spouse, civil partner or dependant relative of that person; b) a person of any age with a personal care plan (care provided by a personal care team on site) by reason of heath or social need and to any spouse, or civil partner, or dependant relative of that person.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the development fully complies with the appropriate policies and standards. 3. In the interests of the amenity of the future occupiers of the development. 4. To ensure that effective drainage facilities are provided for the proposed development, and that no adverse impact occurs tot eh environment or the existing public sewerage system. 5. To protect the amenities of the occupiers of nearby properties. 6. To ensure adequate arrangements are in place to allow for the servicing of the site. 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 and to preserve the character of the Conservation 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. 11. 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. 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 interests of highway safety. 15. In the interests of highway safety. 16. In the interests of highway safety. 17. In the interests of the safety and security of the site and its occupiers. 18. In the interests of highway safety. 19. To ensure the development does not place undue pressure on local education and public open space provision.

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

Page 86 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014 resolved prior to commencement of development, by formal submission of amended plans.

In light of the Welsh Government's forthcoming removal of the requiment for developments to comply with the Code for Sustainable Homes, effective 1 August 2014, no such requirement has been imposed on this permission.

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 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.

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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 88 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014

APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0374 16 TO 18 GROSVENOR ROAD 23/05/2014 WREXHAM LL11 1BU COMMUNITY: CASE OFFICER: Rhosddu DESCRIPTION: MP DEMOLITION OF NO. 18 GROSVENOR ROAD (WITHIN A WARD: CONSERVATION AREA). AGENT NAME: Grosvenor WYNN ROGERS CYF APPLICANT(S) NAME: MR BRYN COLBORNE MR & MRS MARIO & GILL KREFT PENDINE PARK CARE ORGANISATION

______P/2014 /0374 THE SITE

Application site

PROPOSAL

As above.

Page 89 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014

HISTORY

P/2013/0368 Conservation Area Consent for demolition/removal of two 'system' built prefabricated single storey buildings. Granted 18.7.2013 P/2014/0062 Demolition of no. 18 and conversion and extension to no. 16 to provide 21 no. extra care apartments. Refused 24.3.14 P/2014/0063 Demolition of no. 18 Grosvenor Road (within a Conservation Area). Refused 24.3.14 P/2014/0373 Demolition of no.18 and conversion and extension of no.16 to provide 20 no. extra care apartments. Pending (see previous agenda item).

DEVELOPMENT PLAN

Within Grosvenor Road Conservation Area. Policies EC7 and EC8

CONSULTATIONS

Community Council: Has made the following comments: - no objection to the proposed use of extra care apartments, but the use should be restricted to such extra care apartments, preferably by way of a Planning Agreement, so that the building could not be used for some other purpose, such as general housing, without a further planning application and permission which would take into account such issues as highway access afresh; - it is presumed the Highways Department will be able to advise on Highways issues such as access on to the busy Grosvenor Road whether the pedestrian crossing should be relocated at the applicants’ expense; the parking requirements of residents, staff, and visitors; access for Ambulances; - the façade fronting Grosvenor Road of the new build on the site of no.18 should match in with the façade of the retained no.16 and comprise (Ruabon) brick with rendered panels, similar fenestration, so as to be in keeping with the Conservation status of Grosvenor Road. Local Member: Notified 3.6.14 Public Protection: See comments for P/2014/0373 Highways: Consulted 3.6.14 Wrexham Civic Society: Consulted 3.6.14 CBA: Consulted 3.6.14 Site Notice: Expired 30.6.14 Press Notice: Expired 4.7.14

Page 90 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014

SPECIAL CONSIDERATIONS

Policy: Policy EC8 states that demolition of any building within a Conservation Area will only be permitted in certain circumstances. Of direct relevance to this proposal is the requirement that permission has been granted for a suitable replacement building. Circular 1/98 (para 33) also advises that consent for demolition should not be given unless there are acceptable and detailed places for redevelopment.

No.16 and no.18 Grosvenor Road are identified within the adopted Grosvenor Road Conservation Area Character Assessment and Management Plan as being of visual interest and part of an important townscape group. Additionally both buildings help uphold the strong building line along Grosvenor Road, a key feature of the street scene.

The previous application to demolish no.16 (P/2014/0063) was refused because the corresponding application for planning permission (P/2014/0062) was also refused meaning there wasn’t an acceptable scheme of redevelopment for the site.

The initial proposals have now been amended (see previous agenda item reference P/2014/0373). The existing building, by itself, is not of high architectural merit and in light of the fact that amended redevelopment scheme will enhance the Conservation Area the demolition of no.18 is justified in this instance.

Conclusion: The demolition of no.18 will allow for the site to be redeveloped in a way that will enhance the Conservation Area. The proposals are therefore in accordance with policies EC7 and EC8.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The works hereby granted consent shall be commenced before the expiry of five years from the date of this consent. 2. The building shall not be demolished until a copy of a contract for the carrying out of the works of redevelopment of the site has been submitted to and approved in writing by the Local Planning Authority.

REASON(S)

1. To comply with Section 18 of the Planning (Listed Building and Conservation Areas) Act 1990. 2. To ensure that redevelopment of the site takes place immediately following demolition of the existing building, thereby ensuring that an unattractive gap does not exist in the street scene to the detriment of the character and appearance of the area. ______

Page 91 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014

APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0381 PENNY BLACK ABBOT STREET 19/05/2014 WREXHAM LL11 1TA COMMUNITY: CASE OFFICER: Offa DESCRIPTION: MP ERECTION OF BALCONY FOR USE IN CONNECTION WITH EXISTING WARD: BAR / RESTAURANT (IN AGENT NAME: Brynyffynnon RETROSPECT) BLUEPRINT ARCHITECTURAL APPLICANT(S) NAME: SERVICES LTD PENNY BLACK

______P/2014 /0381 THE SITE

Position of balcony

PROPOSAL

As above.

HISTORY

P/2006/1431 Conversion from night-club into two storey restaurant and bar on second floor. Granted 8.10.2007

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P/2007/1483 Conversion of existing basement to public bar and relocation of basement kitchen. Granted 8.2.2008.

DEVELOPMENT PLAN

Within settlement and the Town Centre Conservation Area. Policies GDP1 and EC7 apply.

CONSULTATIONS

Community Council: No objection. Local Member: Notified 4.6.2014 Public Protection: No comments other than to advise the applicants that an application to vary the premises licence may be required. Wrexham Civic Society: Consulted 4.6.14 Site Notice: Expired 30.6.14 Neighbours: The owners/occupiers of 4 nearby properties notified 9.6.14. 1 objection received expressing the following concerns: - the balcony is connected to our premises without our permission; - students in the adjoining building unable to open their windows due to the balcony being used as a smoking area.

SPECIAL CONSIDERATIONS

Design: The balcony is both within and visible from the Conservation Area but is set back 4 metres behind the frontage of the adjacent buildings thus ensuring it is not unduly prominent within the street scene. The simple design of the balcony does not detract from the appearance of the surrounding area, preserves the character of the Conservation Area and is in keeping with the general appearance of this part of the site as an outdoor seating area.

Amenity: The balcony does not afford direct views into the habitable rooms of the adjacent student accommodation so does not result in loss of privacy.

Whilst noting the concerns about the balcony being used as a smoking area, this part of the site has been used as an external seating/smoking area for a number of years in conjunction with the operation of the bar now known as Penny Black. It could also continue to be used as such irrespective of whether the balcony remains or is removed. The retention of the balcony is therefore unlikely to result in the occupiers of the adjacent student accommodation or other adjacent properties suffering significant additional disturbance by way of noise or smoke.

Other Matters: It is not a material planning consideration whether the applicants have had permission from an adjacent landowner to connect the

Page 93 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014 balcony to any part of their property. This is a matter the owner of that property must take up with the applicant privately.

Conclusion: The development accords with policies GDP1 and EC7.

RECOMMENDATION: That permission be GRANTED ______

Page 94 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014

APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0383 68 WYNNSTAY LANE MARFORD 27/05/2014 WREXHAM LL12 8LH COMMUNITY: CASE OFFICER: Gresford DESCRIPTION: MP SINGLE-STOREY EXTENSION WITH BALCONY WARD: AGENT NAME: Marford & Hoseley APPLICANT(S) NAME: CAER DESIGNS MRS KATHERINE RICHARDS MISS CATHY OWEN

______P/2014 /0383 THE SITE

Application site

PROPOSAL

As above.

HISTORY

No recent relevant history.

DEVELOPMENT PLAN

Within the settlement limit. Policy GDP1 applies.

Page 95 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014

CONSULTATIONS

Community Council: Consulted 4.6.14 Local Member: Notified 4.6.14 Site Notice: Expired 27.6.14 Neighbours: The owners/occupiers of the 2 adjacent properties initially notified 9.6.14. They were notified about the submission of amended plans on 2.7.14. 1 letter of objection received expressing the following concerns: - overlooking from the proposed balcony; - proximity of the extension to the boundary. No account taken of overhand of soffits and gutters; - guidelines state extensions should not nearer than 1 metre of a boundary. The objector has confirmed that the amendments have not addressed their concerns regarding overlooking from the balcony.

SPECIAL CONSIDERATIONS

Amenity:

Rear Extension

The extension will replace an existing single storey structure located at the rear of the dwelling that currently accommodates a kitchen, WC and utility room.

Local Planning Guidance Note 20 advises that rear extensions within 1 metre of a boundary should only project 3.5 metres. For every additional metre it advises that extensions should be a further 1 metre from the boundary.

The proposed extension will project 5.9 metres beyond the rear elevation of the main dwelling and whilst this is no further than the existing structure it will be wider and therefore closer to the boundary of no.66 Wynnstay Lane. It will be 0.5 metre from the boundary at its closest. This does not comply with LPG20 advice however the position and orientation of the dwelling relative to no.66 is such that the extension will not prove overbearing or give rise to unacceptable loss of light. Accordingly a refusal of planning permission would be unsustainable in this instance.

The distance from the boundary appears to be sufficient to cater for the overhang of the roof and associated guttering.

Page 96 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014

Balcony

The position and open sided design of the balcony means it will not prove overbearing to the occupiers of no.68A nor result in them suffering significant loss of light.

The gardens of both adjacent properties will be overlooked from the balcony however the roof of the proposed rear extension will limit the extent to which the garden of no.66 is overlooked and a 1.8 metre high obscure glazed screen will limit the extent to which the garden of no.68A is overlooked. The gardens of both adjacent properties are already overlooked by existing first floor windows and I am satisfied the views afforded by the balcony will not result in further significant loss of privacy.

Design: Being located to the rear, both the extension and balcony will not impact upon the wider street scene.

Conclusion: The development accords with policy GDP1.

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. No part of the balcony shall be used until the extension shown on approved drawings PL02 Revision C and PL03 Revision B has been completed. 4. No part of the balcony shall be used until the 1.8 metre high glazed screens as shown on approved drawings PL02 Revision C and PL03 Revision B have been fully installed. The screens shall thereafter be permanently retained at that height and in the positions shown on the aforementioned plans and shall only be glazed or re-glazed using obscure glass.

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. ______

Page 97 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014

APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0410 TOMLINSONS DAIRIES FIVE 27/05/2014 CROSSES INDUSTRIAL ESTATE MINERA WREXHAM COMMUNITY: LL11 3RD CASE OFFICER: Minera JS DESCRIPTION: ERECTION OF INDUSTRIAL WARD: BUILDING TO BE USED FOR BLOW AGENT NAME: Minera MOULDING OF POLY MILK HASTON REYNOLDS BOTTLES AND ASSOCIATED LTD SERVICE, SILOS, HARDSTANDING, MR D HASTON CAR PARKING, GROUND MODELLING AND LANDSCAPING.

APPLICANT(S) NAME: PN & JA TOMLINSON

______P/2014 /0410 THE SITE

Application site

New building in lieu of bottling unit Bottling unit (P/2012/0112)

PROPOSAL

As above.

The proposed building will require land levels to be changed. The cut calculation has been estimated to be about 7622m3 of material to be moved

Page 98 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014 off site because the fill part of the scheme will only allow 2697m3 of displaced soils to be re-distributed within the site.

Application has been submitted with supporting information – noise and ecology reports.

Some amended information/plans have been supplied.

HISTORY

P/2004/1104 Construction of new dairy building, vehicle maintenance building and associated milk storage facilities together with the formation of a new access, attenuation pond/swale, car parking, lorry parking and landscaping. Refused 20.12.04 P/2005/1430 Construction of new dairy, building, vehicle maintenance building and associated milk storage facilities together with the formation of a new access, attenuation pond/swale, car parking, lorry parking and landscaping. Granted 31.7.06 P/2012/0112 Construction of building to be used for bottling and storage of milk in glass bottles and associated service bridge, hard standing, ground remodelling and landscaping. Granted 15.2.12

DEVELOPMENT PLAN

Outside the settlement limits as defined in the Wrexham UDP. Policies PS1, PS2, GDP1, EC4, E5 and T8 refer

CONSULTATIONS

Community Council: Consulted, but comments will not be submitted until 14.7.14 Local Member(s): Notified 12.6.14 Welsh Water: Standard conditions regarding control over land drainage run-off and surface water drainage. Environment Agency: Notified 12.6.14 Public Protection: The submitted report makes numerous assumptions, and further information is required. The noise report should be submitted through a BS 4142 assessment, to quantify the noise impact to nearby residential properties from all of the noise sources of the proposed development. Where the rating level exceeds the measured background level by more than 5dB, noise mitigation measures should be detailed. Highways: Consulted 12.6.14 Site Notice: Expired 14.7.14 Press Notice: Expired 25.7.14

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Neighbours: 11 neighbours notified 26.6.14, and 2 comments received, raising the following: • There are issues regarding the existing estate road those issues need to be addressed. The road is not owned by the applicant. • The development is on land previously used for agricultural purposes and this represents a significant sprawl beyond the estate area. The creeping industrialisation of agricultural land is of concern. • The building is large, and it will rise well above the level of the disused railway line. It will be visible from The Gables and other properties facing east on Ruthin Road. This issue was raised before, and has been ignored. • The character, appearance and views will be significantly changed by the building. The size seems entirely disproportionate to the stated aim of supplying the needs of the current dairy. • The building with the car parking and silos will generate a major increase in traffic noise and industrial noise. Unshielded high intensity lighting will also be installed as on the current site. The unrestricted use of vehicles with loud (frequently) reversing alarms will extend into the site area. The operating times of the proposed factory is unclear, but if similar to the current dairy, it will increase noise in the early hours of the morning and at weekends. All will adversely affect the residential amenity of nearby property. • The existing dairy already generates unacceptable levels of noise and the owners of the business have failed to address this since the dairy opened on its current site. The business has paid little regard to the impact of their activities on surrounding residents. • The proposal should not be allowed to go ahead in its submitted (current) form.

SPECIAL CONSIDERATIONS

Background: The original dairy (at the farm) exceeded its design capacity by 2005, and resulted in the new dairy site at Five Crosses Industrial Estate which was granted planning permission in 2006 (LPA ref: P/2005/1430).

A new building to be used for the for bottling and storage of milk and associated service areas ( P/2012/0112 ) was granted permission on 15th February 2012. This has not been implemented and it is now proposed to

Page 100 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014 erect a larger building for the manufacture of plastic bottles within broadly the same area of the existing dairy site.

The site area is identical to the previous scheme but involves substantial removal of material off-site to accommodate a larger building to be cut into the existing landscape. The earlier scheme was designed to re-distribute all the cut ground material within the site.

The original (smaller) dairy at Pen y Palmant Farm continues to be constrained by the green barrier designation of the area. However within that dairy, the operators are still able to carry out pasteurisation, separation and bottling of milk (both conventional and organic), and production of cream.

The scale of the current dairy operations across two sites now employs 124 staff (118 full time and 6 part time), and this is set to increase by a further 14 full time staff to allow the blow moulding function to be carried out – to give employment for 138 staff if the development is allowed. 20 of these staff are still employed at Pen y Palmant. This proposal however will reinforce the new diary site as the centre of operations, particularly in view of the planning constraints at Pen Y Palmant.

The majority of milk produced from the dairy is currently supplied in poly bottles of various sizes, and in line with requirements of major wholesalers and retailers, the milk supplied in plastic is required to be completely isolated from glass bottle operations.

As a result, the supply of milk in glass has been limited to the Pen y Palmant dairy site, and the milk used for this bottled milk is produced at the Five Crosses site. Consequently processed milk is transported to the original dairy from the new dairy. Although it had been intended to accommodate planned increased output of milk supplied in glass bottles at the Five Crosses dairy by the approved building ( P/2012/0112), an assessment of business operations has established that the manufacture and use of poly bottles made on site would be more cost effective.

Currently the plastic bottles are supplied from another location, i.e. Consett, County Durham, and that location is up to nearly 200 miles away from the dairy. The supply of enough poly-bottles requires 5 deliveries per day, using articulated HGVs. The number of miles that HGVs must travel is approximately 693,500 miles per annum. As a result there are a number of advantages of making poly bottles on site, and these have been listed as follows: a) reducing food miles; b) reducing HGV movements on road networks (plus within the industrial site); c) reducing CO² emissions; d) reducing operating costs; e) improving security of supply (during adverse weather); and f) generating local employment.

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Details: The proposal is in lieu of the earlier permission of P/2012/0112, and as both building footprints overlap the earlier scheme for a bottling plant cannot be implemented if this development is allowed. The proposed building, however, is larger than the previous scheme.

The building will have a larger floorspace, that is by 1210 m2 (now spread over two floors), and its footprint is about 28% larger. Also, the outside operational area is larger – to primarily allow plastic pellet delivery HGVs to circulate around the back of the new building to deliver the pellets to the silos. However this will result in less need for HGVs to reverse into a number of loading bays (as required for the bottling function), and only one bay has been designed into the scheme to provide scope to move the poly bottles across the yard if the new bridge linking between the new building and dairy becomes temporarily un-operational.

In respect of finished levels, the previous permission of P/2012/0112 indicated a finished floor level of 239.0, and the building was 246.55 to eaves level and 247.93 to ridge level. The top of the adjacent dairy building (ridge) is 251.56.

The ground level of the proposed blow moulding building, however, is 239.50 – which is only 0.5m higher than the previous approval. The height from ground to eaves level is 9.7m high – to give a finished level of 249.2 (which is 1.27m higher), and the height from ground to ridge is 11.2m – to give a finished level of 250.625 (which is 2.695m higher than the earlier approved building). As a result the height of the proposed blow mounding building is still below the height of the existing dairy by 0.935m.

The revised proposal also indicates that the position of building has been moved further eastwards – by approximately 19m, and it incorporates further outdoor operational areas and parking areas which will allow greater circulation areas around the building for operational vehicles. This will reduce requirements for reversing vehicles, and has important health and safety benefits for staff. It also reduces the need for reversing bleepers on vehicles to be used on operational vehicles as often.

Policy: As similar to the previous permission for the bottling proposal (P/2012/0112), the site is outside the settlement limits as defined in the Wrexham UDP. Despite this location, the earlier bottling proposal was supported because it was considered that the works only involved a relatively minor extension to existing dairy development, and there was a clear functional need for the building for the existing use at this location, and no other land was available within the existing industrial estate. Accordingly the building was designed to be located immediately adjacent to the existing dairy despite the site area being much larger, but this was required to allow cut material from the building site to be used on site, to allow landscaping measures.

The submitted blow moulding proposal is very similar because a direct functional need is still relevant. The development also ensures that the building is located as close as possible to the existing dairy building. The

Page 102 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014 inclusion of the connecting bridge (for bottles to be moved to the dairy) will directly link the function to the dairy, and at the same time it will help reduce vehicle movements within the dairy site. As a result, I am of the opinion that the same policy exceptions can be applied to this development.

Traffic/Parking: The potential for traffic generation in relation to the proposal is split between two types of traffic: a) Construction (including soil removal) traffic; and b) operational traffic from the delivery of plastic pellets for new blow moulding function.

In respect of a), the development will generate extra traffic for the duration of the construction period, and depending upon the time of year the period of ground works. I have been advised that the initial dig would remove 5200m3 of spoil over 2 – 3 weeks, and the remainder would be graded towards the end of the works or later. The initial dig would be the busiest period, with approximately 330 HGV movements from the site over a 18 to 21 day period. This equates to 1.96 lorries per hour if the 21 day period is required.

The remaining spoil (2400m3) would be removed during the remaining construction period – approximately 5 months, and this would involve 160 lorries leaving the site, or 1.3 lorries per day.

The extra movements are not considered to cause additional highway safety issues for the highway. The dairy site is some 400m from the junction with the classified road and therefore issues or mud being carried out onto the highway will not be an issue. Visibility is good at the junction and the access already serves a large number of businesses. The extra traffic will be within manageable limits for the junction – as was the case when the new dairy was constructed.

The estate road remains an un-adopted and private road, and although its surface over sections of the road is very poor, any further deterioration will be a responsibility of the owners. I am unable to control this through the planning permission, but I understand that there are some on-going negotiations regarding this matter, and it will be in the interests of the applicant to ensure that this road remains fully serviceable because it still serves the existing dairy, and that will remain fully operational for the duration of the works.

It is also noted that the applicants intend to sign up to the ‘Considerate Constructors Scheme’ as part of the development, and this scheme allows scope for operational issues arising from construction work to be resolved.

In respect of b) traffic generated by the proposed development will be considerably less than those levels to be generated by the approved bottling plant. The bottling plant would have generated daily traffic in relation to 5 unloading and loading bays – as glass bottles would have needed to be delivered and collected from the site each day. The on site manufacture of plastic bottles however result in fewer traffic movements as the main raw material eg plastic pellets are delivered 1 x 1 week or 1 x 2 weeks. However

Page 103 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014 since the glass bottling operation will continue to take place at Pen y Palmant dairy, a relatively small quantity of processed milk from the Five Crosses dairy (the application site) will be delivered to that site for bottling and delivery. This equates to only 1 HGV tanker movement to and from the Five Crosses site. As a result the proposal blow moulding use will involve less vehicle movements than traffic to be generated by the previously approved bottling function.

Sufficient parking will be available within the site to accommodate the additional staff and these areas will be kept free for such purposes through the imposition of an appropriate condition.

Visual impact: The proposed building will only provide marginal additional visual impacts for the area, over and above the one already approved. There are prominent views of the estate from higher ground to the northeast, and along Brymbo Road, the development and the industrial estate area is seen against the backdrop of Minera Mountain. The use of dark grey colour for the walls and roof of the building will allow the visual impacts of the building to be more recessive within the current landscape. However no colour schedule has been included for the new silos, and since these are to be located on the prominent elevation facing north eastwards, their colour will be controlled by condition.

View of site from Brymbo Road

Edge of settlement areas can be sensitive to new development. Consequently, the previous bottling proposal for the site intended to provide

Page 104 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014 ground re-modelling to give some raised ground levels to partly assist with the containment of development in this location. The loss of those re-modelling proposals will not be significant in this instance, but it is important to ensure that the site is still visually contained by relevant woodland tree planting belts at the boundaries. This has been partly included as part of the submitted proposals and amended plans has been requested to extend this area planting area because it will help with screening of the proposed car park area. Details for this planting can be controlled by planning conditions.

Although the scheme may not give immediate landscape benefits through the same substantial re-contouring of the ground to accommodate the cut operation, the woodland mix of planting for the edge can still be effective once the planting has become established.

As noted above, the scheme will involve a slightly larger building for the site (i.e. 2.7m higher than the previous approval) and in relation to the boundary at the north western edge (adjacent to the disused railway line) of the site, the impacts can be mitigated by some additional landscaping proposals along that edge. Plans have been requested to show cross sections through this area to consider the possibilities of raising ground level within that area by 2 to 2.5m. This will also assist as a noise attenuation measure providing a buffer between the site and dwellings to the north west.

Noise: The current application must consider noise implications from this stand alone development, but since it is noted that some existing outdoor areas around the dairy site will be used to help service this building, and some of the areas within the site will allow some overlap with the existing dairy site, the proposed development cannot be viewed totally in isolation to the rest of the dairy site.

The submitted noise report has raised some issues with Public Protection, and further clarification has been requested, and this was just received at the same time this report was written, and therefore further information will be reported in the addendum. My recommendation for delegated powers reflects the possibility that this additional information may not be received in time for your meeting.

As a result of on-going enforcement investigations regarding noise issues from the existing dairy, which is primarily because of the type of chiller units installed at the rear of the building, the applicant has commissioned some replacement chillers. Public Protection consider that the main noise issues from the existing equipment will be resolved once the alternative chiller units have been installed and made operational. An appropriate condition will be imposed to ensure these are in place prior to the operational use of the new building.

There are also some issues regarding other outdoor operational noise during quieter times (at night time) and it is noted that these are not regulated by existing planning conditions or public protection legislation. The company have submitted some additional information as part of this application to

Page 105 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014 confirm what noise generating items has been voluntarily reviewed. A condition will be imposed requiring details of a site management scheme (including operation of machinery with bleepers) to control noise as part of any permission granted. This, in addition to the new chiller units and greater earth bunding/planting bund along the former railway track should result in an overall reduction in noise. A plan to show part of this new bund has been submitted, but the final landscaping details are still to be submitted. Noise levels at the nearest noise sensitive properties are also controlled by condition.

Conclusions: The dairy is a well established and important local employer. This proposal provides an opportunity to expand and creation further employment, as well improving the operations between this and the Pen Y Palmant site. The proposed development is essentially replacing an extant planning permission with an alternative development, but the functional need for this proposal is still linked and justified in relation to the existing business premises. Whilst the proposed building is larger and does extend further beyond the settlement limit, the overall impact in visual terms is marginal, given the wider landscape context. The on site manufacture of plastic bottles will also result in a reduction in traffic movements and provides an opportunity to reduce noise levels through the imposition of appropriate conditions.

The press notice for this proposal has only expired just before your meeting, and therefore any additional comments will be considered as part of the addendum.

RECOMMENDATION:

That the Head of Community Wellbeing and Development be given delegated authority to Grant planning permission subject to the completion of a satisfactory Noise (4142) Assessment and in accordance with the following conditions.

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s), and as contained in the application documentation. 3. The premises shall be used for the manufacture and storage of plastic bottles only for the adjoining dairy, and shall not be used for any other purposes including any use within Class B2 of the Town and Country Planning (Use Classes) Order 1987 (or any statutory instrument revoking and re- enacting that Order with or without amendment). 4. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation, and the silos shall be the same colour as the colour scheme as specified for the walls of the building.

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5. The vehicular parking and turning areas as shown on the approved drawing(s) shall be fully laid out, surfaced and drained prior to the first use of the development. These areas shall thereafter be permanently retained and kept free of obstruction, and made only available for the parking and turning of vehicles at all times. 6. The rating level of any noise generated by reason of this development shall not exceed pre-existing background noise levels by more than 5 dB(A) at any time. The noise levels shall be determined to the nearest noise sensitive premises and measurements and assessment shall be made in accordance with BS4142:1997 Method or Rating Industrial Noise Affecting Mixed Residential and Industrial areas. 7. 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. 8. Before the building becomes operational for the first time, details of a management plan to consider proposed outdoor working practices in relation to controlling potential sources of noise and disturbance for the hours outside 07.30 and 18.00 Monday to Friday, and 08.00 to 14.00 on a Saturday, as identified by an area of hatching on the approved plans, shall be submitted to and approved in writing by the Local Planning Authority. The plan as subsequently approved in connection with this condition shall be fully implemented at the site in accordance with an agreed timetable to be submitted as part of the plan. 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. No part of the development shall commence until an appropriate Dust Management Scheme has been submitted to and approved in writing by the Local Planning Authority. The dust mitigation measures as are approved shall be fully implemented for the entire duration of the construction phase. 11. Within 3 months of commencement of development a scheme of external lighting shall be submitted to and approved in writing by the Local Planning Authority. The lighting as is approved shall be installed in strict accordance with the scheme prior to first use of the development and shall thereafter be permanently retained in a fully operational condition. 12. 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. 13. 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 further development shall take place under Classes A, B and C of Schedule 2 Part(s) 8, other than the development hereby granted permission. 14. Within three months of commencement of development, full details of a hard and soft landscaping scheme together with a five year Maintenance Plan and timescales for implementation of works shall be submitted to and approved in writing by the Local Planning Authority.

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15. The planting scheme implemented in connection with condition no. 14 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. 16. Prior to commencement of any works on site the contractor shall give ten working days written notice, to the Local Planning Authority, of a meeting on site to review all work procedures, access routes, storage areas and tree protection measures. The procedures shall be submitted to and approved in writing by the Local Planning Authority and the development shall be carried out in strict accordance with the details as approved. 17. Within three months of the commencement of development a Woodland Management Plan for the areas of woodland mix as included as part of the landscaping plan shall be submitted and approved by the Local Planning Authority to specify the long term management objectives, management responsibilities and maintenance schedules for all areas to be planting as woodland, and those areas shall be managed and maintained in strict accordance with the Plan as approved. 18. There shall be no use of the development hereby permitted until the chiller units to the rear of the existing building have been replaced in accordance with a scheme to be approved, in writing, with the Local Planning Authority. 19. No part of the development shall commence until a site management scheme to regulate the operational activities on site has been submitted to and approved, in writing, by the Local Planning Authority. The on-site operations shall be carried out in strict accordance with such details as approved.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the development fully complies with the appropriate policies and standards. 3. The site is outside settlement limits and this use was only considered acceptable because of the direct functional need for the development in connection with the adjacent dairy. 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 within the site, to ensure that areas are adequately maintained for that purpose to reduce the need for vehicles to reverse within the site, or needing to park on the approach roads leading to the site. 6. To protect the amenities of the occupiers of nearby properties. 7. To protect the amenities of the occupiers of nearby properties. 8. To ensure that potential sources of noise/disturbance which fall outside the scope and control of condition 6 above are minimised for overlapping operational functions as carried out within this part of the dairy site.

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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 protect the amenities of the occupiers of nearby properties. 11. To minimise the risk of light spillage into adjacent areas, in the interests of the visual amenities of the area. 12. To ensure that the development fully complies with the appropriate policies and standards. 13. Due to the site's location outside the settlement area as currently defined, it is important to control development at the site and to ensure that the development does not prejudice the amenities of adjoining nearby properties. 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. To ensure that the works on the site properly take account of the future health of the trees. 17. To ensure landscape features are properly considered and protected. 18. To control noise levels from the site, in the interests of residential amenity. 19. To control noise levels from the site, in the interests of residential amenity.

NOTE(S) TO APPLICANT

This permission is granted subject to the above conditions. Some conditions may require your attention prior to you carrying out any work on the proposal. These conditions are known as "conditions precedent". You should be aware that it is important that you comply with any "conditions precedent". If you do not, then any work you undertake on the development subject of this permission would not have planning permission.

You should check carefully that the levels agreed as part of this permission are complied with. Any divergence from these levels is likely to invalidate your permission and could result in enforcement action which could require demolition of the building(s).

In connection with condition 8 above you are advised to consider making use of alternative bleeping alarms for reversing vehicles within the site - perhaps by considering broadband or directional sound reversing alarms.

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

The applicant is advised that compliance with condition no. 7 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

Page 109 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014 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.

Applicants are advised that compliance with condition no. 7 does not provide an exemption from the statutory nuisance provisions of the Environmental Protection Act 1990. Under the Act dust from any type of activity can be judged to be causing a statutory nuisance to neighbouring properties. A legal notice can be served requiring that the 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,

Page 110 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014 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

The site is crossed by a 225mm public combined sewer with the site and you are advised that Welsh Water Dwr Cymru has rights of access under the Water Industry Act 1991 to this apparatus at all times and no building will be permitted within 3 metres either side of the centreline of the public sewer

This permission does not make any assumptions about the capacity of the existing dairy site. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0412 GTX KARTING RHOSDDU 04/06/2014 INDUSTRIAL ESTATE MAIN ROAD RHOSROBIN WREXHAM COMMUNITY: LL11 4YL CASE OFFICER: Gwersyllt PF DESCRIPTION: CHANGE OF USE FROM KARTING WARD: TRACK (SUI GENERIS) TO B2 AGENT NAME: Gwersyllt East & South INDUSTRIAL. P MILLER

APPLICANT(S) NAME: A JONES CLWYD PROPERTIES

______

THE SITE

Site

PROPOSAL

The proposal is for the change of use of the building from a go-karting track (sui generis) to a general industrial (B2) use. No specific use is proposed within the B2 use class as part of the application. The applicant wishes to operate the site between 0730 and 1800hrs Monday to Friday and 0730 to 1300 on Saturdays with no operation on Sundays or Bank Holidays.

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HISTORY

10223 Erection of storage units. Granted 12.06.1985 12081 Erection of new factory and office and construction of new vehicular access. Granted 30.08.1985 13229 Erection of 2 new factory units for industrial purposes. Granted 28.10.1986 13879 New office extension. Granted 13.03.1987 18149 Erection of industrial unit for use in connection with steel reinforcement business. Granted 22.051990 P/2012/0250 Change of use from heavy industrial use to karting centre. Granted 14.09.2012

DEVELOPMENT PLAN

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

CONSULTATIONS

Community Council: No objection Local Members: Notified 12.06.2014 Site Notice: Expired 14.07.2014 Highways: No objections. Public Protection: No objection subject to a noise restriction condition relating to the nearest noise sensitive properties. NRW: The proposal is not likely to cause any adverse impacts on any natural heritage interests. Neighbours: 17 neighbouring occupiers notified. One representation received raising the following points: • The application states that there were no complaints raised from the previous use of the premises as B2 use and more specifically the metal fabrication and work. This is an incorrect statement as there was a long running investigation regarding the noise levels this premises produced and the impact it had on properties nearby. This investigation involved both the Wrexham Council and the local MP for the area Mr. Lucas. • The noise emitted by this premises effected both the internal environment of the neighbouring property and also the ability to enjoy the garden. The noise

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would start early in the morning and would continue over the weekend. • The noise problem has been eliminated since the change of use was approved and the quality of life has improved immeasurably including the health of the objector. • The property, as it stands, from the evidence provided by the investigations by Wrexham Council is not suitable for industry similar to the previous occupiers where heavy machinery both inside and outside is operated. The property if left unmodified could suit warehousing or light industrial use but not for the type of industry it was previously used for. Should the use be granted and the same process be restarted the issue of noise will start again. • The fact that premises had previously been granted B2 approval should not mean it can just be reinstated? Changes to requirements for B2 approval should be assessed and also changes to the surrounding environment i.e. have houses been built since the previously B2 approval was made that could be affected by reinstating a B2 usage. In this case houses have been built since the property was last assessed for B2 usage.

SPECIAL CONSIDERATIONS

Background: Planning permission was sought in 2012 to change the use of the building from a steel fabrication place to the go-karting track. This scheme seeks to revert the building back to its previous general industrial use, but no end user or specific use within that class has been specified.

Amenity: The main issues for consideration relate to the impact of the proposed development on any nearby noise sensitive receptors. The proposal as submitted would not result in any physical changes to the external fabric of the building. The building is located on a well established industrial estate where the majority of the neighbouring land uses fall within such a use class. There are residential properties nearby. The closest being Top Farm Road to the south east in Rhosddu (210m) and St Giles park on the outskirts of Gwersyllt 285m to the north west. I consider the main impact upon the amenity of these neighbouring occupiers is by way of noise. However, Top Farm Road is buffered to some extent by the existing buildings on the industrial estate and a railway line.

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The previous lawful and approved uses for the site are a significant material consideration. The Council has previously accepted the lawful use of the site for B2 purposes and assessed the suitability of the site for a high noise generating use as part of the go-karting change of use. As no end user of the site is specified, I consider that a standard noise condition stipulating an acceptable noise level at the nearest noise sensitive property would enable any potential end user to be in full knowledge of the building restrictions prior to their commitment to the site. It would also allow the Council full planning enforcement control over future noise levels at the property.

I therefore consider that the proposed use, subject to conditional controls to prevent activities external to the building which could cause harm to amenity can be considered acceptable.

Highways: Highways have raised no objections to this proposal on the grounds of the previous use of the site. There is unlikely to be a significant level of traffic generated at the site over and above that which has previously been experienced. A car parking plan has been provided with the application which indicates parking provision in excess of the 37 spaces that would be required by LPG16. However, I do not consider that this would be of detriment to the visual amenity of the area as the area is currently laid to hard- standing.

Conclusion: I am satisfied that the proposed use of the building, reverting back to its previous general industrial use can be adequately controlled through planning conditions 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. No machinery shall be operated, no process shall be carried out and no deliveries taken at or despatched from the site outside the following times 0730 and 1800 Monday to Friday and 0730 to 1300 on Saturdays and at no time on Sundays and Bank Holidays. 3. No machinery shall be operated and no process shall be carried out in the open on any part of the site. 4. The rating level of any noise generated by reason of this 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.

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REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To protect the amenities of the occupiers of nearby properties. 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 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.

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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

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.

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

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

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0415 TELECOMMUNICATIONS MAST 28/05/2014 MONTGOMERY ROAD CAIA PARK WREXHAM COMMUNITY: LL13 8TE CASE OFFICER: Caia Park MP DESCRIPTION: REMOVAL OF EXISTING 15M HIGH WARD: MONOPOLE AND REPLACMENT AGENT NAME: Queensway WITH 17.4M MONOPOLE AND WHP WILKINSON ANTENNA AND INSTALLATION OF HELSBY TWO ADDITIONAL EQUIPMENT MR DAMIAN HOSKER CABINETS.

APPLICANT(S) NAME: MR D HOSKER CTIL

______P/2014 /0415 THE SITE

Approximate position of proposed mast

PROPOSAL

As above.

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HISTORY

P/2004/1031 Erection of 1 No. 12.5m Flexicell 2 slimline column with associated equipment. Approved 21.9.2004 P/2005/1186 Upgrade of existing telecommunications equipment by installation of replacement 15m flexicell 2 type E. Approved 5.12.2005

DEVELOPMENT PLAN

Within the settlement limit of Wrexham. Policies GDP1 and CLF8 are applicable.

CONSULTATIONS

Community Council: No objection. Local Member: Notified 16.6.14 Highways: No recommendations on highways grounds. Public Protection: No objections provided that the application is submitted with a Declaration of Conformance to ICNIRP Public Exposure Guidelines for radiation Site Notice: Expired 10.7.14 Neighbours: The owners/occupiers of 9 nearby properties notified 19.6.14. 1 letter of objection received expressing the following concerns: - the original application for a 12m mast was followed by an application for a 15m mast; - a higher mast will have a massive visual and obscene obstruction to the whole area; - our house is dwarfed by the present monstrosity; - another higher mast plus antenna will be visible and have a destructive effect in the skyline and horizon; - there is no topographical features or natural vegetation to conceal any mast or cabinets. It should not be located in a residential area; - the mast will be visible for miles around and will be overlooked by houses on Meadow Lea, Benjamin Road, Colwyn Road, Dale Street Rutland Road, Price Charles Road – the list is almost endless; - the independent expert group on mobile phones (Stewart) report acknowledges more research is needed into the possible health effects of radiation from masts and recommends that comprehensive databases of the positions and emission levels of all telecommunication masts are available to the

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public. These remarks worry us and constantly feel under streets, particularly the risk of cancer increasing to people living close to these masts; - danger to road traffic – should any vehicle leave the road and crash into it, serious injury would be sustained or death. Not long ago there was two cabinets there not there is only one – a vehicle left the road and completely demolished the other one. There were marks on the mast where the vehicle had made contact with it.

SPECIAL CONSIDERATIONS

Policy: National guidance on telecommunication development in Wales is contained in Planning Policy Wales Technical Guidance Advice Note (Wales) 19: Telecommunications. The importance of providing an efficient telecommunication infrastructure is considered crucial to the economic viability of Wales. However TAN19 also advises that this provision must be made without adverse impact upon the environment.

Wrexham UDP Policy CLF8 allows for the development of telecommunications facilities subject to a requirement that masts are carefully sited to avoid or minimise any visual intrusion upon the landscape/townscape.

Site selection: The proposed mast will replace an existing mast therefore I do not consider it necessary for the applicants to have considered alternative locations before selecting this site.

Pre-application consultation: The operator has a commitment, as identified in the Code of best Practice, to carry out consultation in accordance with a rating determined under the Traffic Light Model. This allows the site to be rated by the operator according to its likely sensitivity in terms of environmental, planning and community considerations and a plan is devised that sets out any additional consultation. The rating for this site is ‘Green’.

There has been no pre-application consultation with Caia Park Community Council or the Local Member. Whilst being considered good practice, pre- application consultation is not mandatory and whether or not it takes place is not a material consideration.

Health effects and public perception: It is a statutory requirement that applications for prior approval or planning permission for the type of telecommunications development proposed need to be accompanied with a declaration that the equipment will operate in full compliance with the International Commission on Non-Ionizing Radiation Protection ICNIRP guidelines. Where transmissions from a proposed base station meet the ICNRP guidelines it is unnecessary for a local planning authority to consider

Page 121 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014 further the health aspects and concerns about them when processing a planning or prior approval application

With regard to 'perception of risk', it is clear that this can be a material planning consideration. However, it must be weighed along with other material considerations, including government policy guidance and the expertise of its independent advice. It also is clear that there must be some reasonable substance to those fears and totally unsupported fear should have very limited weight indeed. Whilst I accept the materiality of concerns about the health and well being of those who live in the locality, I consider that there is no basis in national policy for refusal for that reason alone. A finding of 'no risk' can never be achieved with complete certainty in relation to anything and, in the absence of any widely-accepted demonstrable risk, there only remains a perception. Whilst perception or risk must be considered it has been given little weight by Planning Inspectors and the Court in the decision making process where conformance with the ICNIRP guidelines is demonstrated.

The application documents include such a Declaration of Conformity with ICNIRP Public Exposure Guidelines.

Siting and appearance: Due to its additional height the new mast will be more prominent that the one it replaces. However the additional impact is such that the development will not have a significantly greater or detrimental impact upon the street scene and surrounding townscape. Views of the mast from the wider locality are largely obscured by buildings and by mature vegetation.

The nearest dwellings are some 50 metres away and accordingly the proposed mast will not prove overbearing.

The two additional equipments cabinets will appear as street furniture and will not have a significant impact upon the street scene. It must also be noted that, by themselves, the cabinets do not require planning permission.

Whilst noting the concerns expressed by the objector about highway safety, the risk of vehicles leaving the road and impacting the existing or proposed mast is no greater than the risk of vehicles hitting any other item of street furniture in the area, such as street lights, telegraph posts and equipment cabinets. Furthermore masts of this type are sited in many locations elsewhere in Wrexham and across the country and I am unaware they have contributed to a significant increase in road accidents. I also note that Highways have not expressed any concerns about the development.

Conclusion: I am satisfied that the proposal is in accordance with Wrexham UDP Policies, and that it meets the requirements of national policy detailed in TAN 19 – Telecommunications.

RECOMMENDATION: That permission be GRANTED

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CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0417 LAND SOUTH OF BARN COTTAGE 06/06/2014 HOLT ROAD BOWLING BANK WREXHAM COMMUNITY: LL13 9RN CASE OFFICER: Isycoed PF DESCRIPTION: ERECTION OF SINGLE DWELLING WARD: AND CREATION OF NEW AGENT NAME: Holt PEDESTRIAN AND VEHICULAR REAL PLANNING ACCESS. MR GERRY KELLETT

APPLICANT(S) NAME: MR N COPELAND

______

THE SITE

Barn Cottage

Site

The Saplings

PROPOSAL

Planning permission is sought for the erection of a dormer bungalow style, 3 bed dwelling with associated pedestrian and vehicular access. The site consists of the approved garden area of The Saplings which is now in separate ownership.

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HISTORY

ISY16489 Outline planning permission for erection of one dwelling and installation of septic tank. GRANTED 27.02.1989 ISY17939 Approval of reserved matters for the erection of one dwelling, installation of biodic drainage system and re-siting of existing access. GRANTED 29.06.1990 P/2010/0473 Erection of dwelling and garage (revised scheme design to that previously approved and commenced under code nos. ISY16489 and ISY17939. WITHDRAWN P/2011/0036 Erection of dwelling and garage (revised scheme design to that previously approved and commenced under code nos. ISY16489 and ISY17939. GRANTED 15.07.2011

The above application relates to the dwelling know as The Saplings. The application subject to this planning application forms the garden area of this property.

P/2012/0783 Erection of dwelling. REFUSED and DISMISSED AT APPEAL 14.11.2013

DEVELOPMENT PLAN

The site is outside settlement. Policies PS2, GDP1, EC4, H5 and T8 are relevant. Local Planning Guidance Notes 13 – Housing in the Countryside, 16 – Parking Standards, 17 – Trees and Development, 21- Space Around Dwellings and 30 – Residential Design Guide are relevant. Specific national planning policy is contained in Planning Policy Wales (Edition 6) (PPW).

CONSULTATIONS

Community Council: Consulted 16.06.2014 Local Member: Notified 16.06.2014 Site Notice: Expired 09.07.2014 Highways: No objection subject to the imposition of conditions to control the means of access, visibility, and parking provision. Public Protection: Recommends condition restricting construction phase hours. Welsh Water: No recommendations as the proposal does not require connection to public system. NRW: Does not object to proposal subject to appropriate ecological mitigation measures. Neighbours: 3 neighbouring occupiers notified. 1 representation received raising the following points: • The cutting down of the mature willow tree would be detrimental to wildlife; • The access to the dwelling would not be able to support the required visibility

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splay due to the position of the neighbouring hedge to the north; • The ditch on site belongs to the owner of Barn Cottage; • The house is to be set nearer the road than the neighbouring dwelling which will not look right.

SPECIAL CONSIDERATIONS

Background: Planning permission was refused in 2013 (P/2012/0783) for the erection of a dwelling of a similar design on this site. The Council considered that the erection of a dwelling in this location would not constitute infill under the definition laid out in PPW and policy H3 of the UDP. It also considered that to allow a dwelling in this location would also result in a substandard level of amenity enjoyed by the future occupiers of the dwelling due to the proximity of the dwelling to the protected trees at the site. Concern was also raised over the quality of the design and the lack of information available to demonstrate that a suitable pedestrian and vehicular access could be achieved.

This decision was appealed in 2013 and subsequently dismissed by the Planning Inspectorate. However, in her decision the Inspector considered that the construction of a dwelling in this location would constitute infill and that the nature of the gaps in this location convey the character and appearance of a fully developed built frontage when viewed in the context of the street scene. The Inspector, however, did note that the information she had to consider as part of the appeal did not convey that a safe access could be provided in terms of visibility and that the amenity of future occupiers of the site could be harmed by reason of the position and maturity of the protected trees. An amended design (similar to that presented as part of this application) was considered acceptable when determining the appeal. I consider that the conclusions of the Inspector should be afforded significant weight in the determination of this proposal.

Design and amenity: The dormer bungalow style property has been proposed in order to take into account the size of the site and the reduction in the scale of either neighbouring properties. Buildings in the vicinity of the appeal site are not characterised by any particular age or the use of materials, but their form is typified by the use of strong gable elevations and feature frontages. I am satisfied that the form of this property takes into account the scale of the neighbouring dwellings and its architectural styling respects the strong characteristics of existing dwellings in the locality.

In order to satisfy the concern regarding the impact of the amenity of the future occupiers due to the position of the dwelling in close proximity to the mature protected trees, the applicant has shifted the footprint of the dwelling further forward in the site to create a more open character to the rear. In reality, this would sit further forward than The Saplings (south) but would be roughly in line with Barn Cottage to the north. Given the reduced scale of the

Page 126 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014 proposed building in comparison to The Saplings and the maturity of the boundary treatments between Barn Cottage I do not consider that this positioning would harm the character of the streetscene.

The internal layout of the dwelling has been arranged as to place any habitable rooms so that their windows are not directly located within the shadow pattern of the protected trees within the application site. In doing so, I consider that there will be less of a risk in the future of the occupiers seeking severe pruning and/or removal of these trees due to their detrimental over- shadowing of the dwelling.

Arboricultural issues: The application is accompanied by an arboricultural report which concludes that moving the position of the dwelling further forward will have limited impact upon the health and wellbeing of the two protected oak trees. The removal of the weeping willow to the immediate north west of the site is considered acceptable. Its condition and contribution to the amenity of the area is such that it should hinder such development and it would allow the repositioning of the dwelling to see the retention of two better quality trees. Conditions will be required to ensure the protection of these trees during the construction phase.

Highways: The proposal would result in the creation of a new vehicular access and the provision of 3 no vehicle spaces (in accordance of the maximum standards in LPG16).

Manual for Streets requires a visibility splay from the site at 2.4m x 65m in both directions. The Inspector accepted the use of Manual for Streets standards in this location. Highways are satisfied that adequate splay can be achieved in a northerly direction, however only 61m can be achieved to the south due to the splay crossing third party land. However, I am satisfied that the required splay can be achieved, as a planning condition has been imposed on the planning permission for The Saplings which would secure this splay in perpetuity. Nevertheless, the position of the splay is at the point where vehicles would be leaving a 30mph. I am comfortable with this situation.

Other matters: The applicant has completed the application documentation stating that the land identified is with their full control. Any dispute of the land ownership is a civil matter between the parties involved.

Sustainability: The rules regarding the need for new housing planning permissions to control minimum sustainable building standards under the Code for Sustainable Homes are scheduled for alteration. New legislation comes into force within a couple of days of your Committee, and it allows previous National Policy guidance (PPW) on this matter to be withdrawn. Members are accordingly advised that the new Building Regulations will ensure that sustainable development is still appropriately regulated. Since there is extremely limited scope for the development to be commenced in this short timescale, there is no requirement for the Code to be conditioned as part of this decision.

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Conclusion: I consider that this scheme meets national and local planning policy in relation to the principle of residential development in the open countryside and would constitute an acceptable form of development in the interests of the amenity of the area. 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. Prior to their use on the development samples of all external facing 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 equipment, machinery, plant or materials of any kind in connection with the development shall be brought onto the site until tree protection fencing and ground protection 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 wire or scaffold clamps. This fencing shall be erected at the extent of each tree(s) Root Protection Area, as set out in British Standard 5837:2012 or as shown as the Construction Exclusion Zone on the approved Tree Protection Plan Ref. 14/AIAWXM/131 Dwg 02. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavations be made. 4. The tree protection fencing and ground protection measures approved in connection with condition no. 03 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. 5. 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.

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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. 6. The development shall be carried out in strict accordance with the following plans and report(s) submitted and approved as part of this application: *1) Arboricultural Implication Assessment ref no. 14/AIA/WXM/131 dated 24 March 2014 *2) Tree Protection Plan ref no. 14/AIA/WXM/131 DWG 02 dated February 2014 *3) Arboricultural Method Statement ref no. 14/AIA/WXM/131 dated 24 March 2014 No development or other operations shall take place except in strict accordance with the reports as approved. 7. 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 further development shall take place under Classes A, B, C, E, F of Schedule 2 Part(s) 1, other than the development hereby granted permission. 8. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 65 metres to the south and 2.4 metres x 61 metres to the north 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 adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 9. Prior to first use of the development the site shall be laid out in strict accordance with layout plan(s) No. H/03 dated August 2012. 10. Prior to first use of development a pavement crossing to the site shall be constructed in strict accordance with a scheme which has been submitted and approved in writing by the Local Planning Authority. 11. 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. 12. There shall be no gates or other means of enclosure across the vehicular access point within 5 metres of the highway boundary. 13. 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. 14. No works shall take place, to include any site clearance, until a scheme of one way amphibian exclusion fencing for the site to include a timescale for its implementation has been submitted to and approved, in writing, by the Local Planning Authority. The scheme shall be implemented in strict accordance with the details as may be approved. 15. No part of the development shall commence until details of proposed amphibian Reasonable Avoidance Measures (RAMs) have been submitted to and approved, in writing, by the Local Planning Authority. The development shall be carried out in strict accordance with the RAMs as are approved.

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16. No part of the development shall commence until an external bat friendly lighting scheme has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be fully implemented in accordance with the approved details prior to first use / occupation of the development. 17. With the exception of the position of the proposed vehicular and pedestrian access, the existing hedge which fronts the site shall not be cut down, grubbed out or otherwise removed or topped or lopped so that the height falls below 1 metre a any point without the prior written permission of the Local Planning Authority. If any parts of the hedges are removed without permission, die or become diseased, they shall be replaced by hedges of such size and species and within a timescale all to be approved, in writing, by the Local Planning Authority. 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.

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 that the retained trees are adequately protected during development in the interests of amenity. 4. To ensure that the retained trees are adequately protected during development in the interests of amenity. 5. To ensure that hard surfacing does not cause harm to retained trees in the interests of visual amenity. 6. To protect trees which are of significant amenity value to the area. 7. Due to the restricted size of the resulting curtilage and the proximity of the protected trees to the footprint of the dwelling it is deemed necessary to control future development in the interests of the amenity of future occupants, the wider streetscene in terms of built development and the existing trees. 8. To ensure that adequate visibility is provided at the proposed point of access to the highway. 9. In the interests of highway safety. 10. In the interests of pedestrian safety. 11. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 12. 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. 13. In the interests of highway safety. 14. In the interests of protecting known species which may otherwise be lost of harmed as a result of the proposed development. 15. In the interests of protecting known species which may otherwise be lost or harmed as a result of the proposed development. 16. To protect named species/habitats/biodiversity which would otherwise be damaged/lost by the development hereby permitted.

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17. To protect landscape features which are of significant amenity value in the area and which would ensure a satisfactory standard of appearance the development. 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.

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 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.

A licence should be obtained (as required by section 184 of the Highways Act 1980) from the Highway Authority in order to lower the kerbline and cross the footpath at the new access position. Further guidance can be obtained from the Highways Department of Wrexham County Borough Council on telephone 01978 729690.

This permission is granted subject to the above conditions. Some conditions may require your attention prior to you carrying out any work on the proposal. These conditions are known as "conditions precedent". You should be aware that it is important that you comply with any "conditions precedent". If you do not, then any work you undertake on the development subject of this permission would not have planning permission.

Many trees contain wildlife such as bats and nesting birds that are protected by law. The consent given by this notice does not override the protection

Page 131 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014 afforded to these species and their habitats. The applicant is advised to take steps to ensure that all works do not cause harm to any protected species, and it would be advisable to contact Natural Resources Wales on 0300 065300 or email: [email protected], prior to carrying out the work. For further information on protected species, please contact either the Local Planning Authority's Ecologist or Natural Resources Wales. ______

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0431 BEIRNFELS TALWRN ROAD 10/06/2014 LEGACY WREXHAM LL14 4ER COMMUNITY: CASE OFFICER: Esclusham DESCRIPTION: JS PROPOSED TWO STOREY SIDE EXTENSION AND SINGLE STOREY WARD: REAR EXTENSION AGENT NAME: Ponciau MISS S THOMAS APPLICANT(S) NAME: MISS S THOMAS

______P/2014 /0431 THE SITE

Application site

The site includes a detached house which is located on the west side of Talwrn Road (B5097) just south of junction with Smithy Lane (B5426), Legacy.

PROPOSAL

As above. The 2 storey side extension also includes a small 2 storey front extension to form new front gable projection, and it includes a ground floor front bay window. The existing front bay window will be removed as part of the development, and a new porch is proposed at the front door to replace a canopy roof.

Page 133 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014

HISTORY

None.

DEVELOPMENT PLAN

The site is outside any settlement limits as defined in Wrexham UDP. Policies PS2 and GDP1 apply.

CONSULTATIONS

Community Council: Consulted 17.6.14 Local Member(s): Cllr Kevin Hughes – no concerns at this stage Cllr Paul Pemberton – considers that the application merits going to planning committee, but no specific issues mentioned. Site Notice: Expired 14.7.14 Other representations: 3 neighbours notified 26.6.14

SPECIAL CONSIDERATIONS

Policy: No objection in principle, providing the appearance of new extension in this location is acceptable, and that it causes no adverse impacts to neighbours.

Details: a) Appearance: The proposed two storey side extension part of the proposal will incorporate a number of new design features on the existing house, and therefore its existing appearance will be altered fairly substantially.

However the building will still have the appearance as a two storey house, and detailing is acceptable, and it will maintain a good gap at the side between the extension and the boundary which helps maintain its good detached appearance within the current street scene.

Its final appearance will be consistent with the general character of the area – an area that has a wide range of different design styles, and therefore it will not materially detrimentally affect local character, to accord with policy PS2.

Whilst the development is altering the appearance of the existing house, this cannot be viewed as something that is not positive for the area. The final overall appearance will be acceptable for this location. b) Impact on neighbours: The site has properties on either side. The house adjacent to the northern boundary (Bryn Rhedyn Isa) is set behind the front of the application property, and it has an extension which has windows facing into the rear garden area of the application property.

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Although ground floor windows are screened by existing boundary measures, the first floor windows look over the rear garden area of the application property. However the position of the new extension is not in front of those windows, and the 2 storey element is not extending beyond the rear wall of the existing house. Therefore any amenity impacts in relation to this neighbours house is acceptable.

In respect of the other neighbour (Hafod) which is a bungalow south of the application site, the single storey part of the new extension will have no impact for this neighbour, and the current gap between the boundary and the house (including the extension) is maintained.

Other matters: The side extension will make it difficult for any cars to drive down the side of the house, but this is not essential since good off street parking is available at the front of the house. However it will be worth making sure that sufficient on-site parking is maintained as part of the development because this is increasing the size of the accommodation from 2 to 3 bedrooms, and there is very limited scope for other parking in the area for visitors/residents. It is also noted that there is a caravan within the rear garden area, and this could have impact if this was relocated to the front garden area if forming part of the parking area. Planning conditions can be imposed to control this.

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 part of the development shall commence until samples of all external facing materials have been submitted to and approved in writing by

Page 135 REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 28 July 2014 the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 3. 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 windows or other openings shall be inserted in any elevation of the building facing northwards. 4. Any works to the roof of the building to which this permission relates shall only be carried out in a precautionary manner to include the following: - Any weather boarding, hanging tiles, soffits, fascia and barge boarding shall be removed by hand, and - Should any bats be discovered all works on the building shall cease and Natural Resources Wales contacted for further advice. 5. 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 any obstruction, and made available solely for the parking and turning of motor vehicles at all times.

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 named species/habitats/biodiversity which would otherwise be damaged/lost by the development hereby permitted. 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.

NOTE(S) TO APPLICANT

In connection with condition 5 above, you are advised to ensure that there is enough room for three cars to park clear of the highway and it is not possible to use this defined area for a caravan.

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.

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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.

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.

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APPLICATION NO: LOCATION: DATE RECEIVED: P/2014 /0502 RUABON WORKS FORMER 10/07/2014 FLEXSYS MONSANTO SITE QUEEN STREET CEFN MAWR WREXHAM COMMUNITY: LL14 3SL CASE OFFICER: Cefn KH DESCRIPTION: NEW COMMUNITY ARTWORK AND WARD: DIRECTIONAL SIGNAGE TO DIRECT AGENT NAME: Llangollen Rural AND LEAD VISITORS TO THE DALLAS PIERCE WORLD HERITAGE SITE FROM QUINTERO LTD WIMBOURNE GATE CAR PARK AND MS J QUINTERO NEW PUBLIC SEATING.

APPLICANT(S) NAME: MS C POSTLE WREXHAM COUNTY BOROUGH COUNCIL

______P/2014 /0498 THE SITE

Extent of areas covered by this application

The site of the project lies within the Buffer Zone of the Pontcysyllte World Heritage Site. The siting of the works will be on the linkage path between Trevor Basin Canal (Trevor Wharf) and Wimbourne gate car park (Queen Street, Cefn Mawr) and along the western perimeter fence of the former

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Flexsys site which adjoins an unadopted road which provides access to ‘Jones the Boats’ traffic.

PROPOSAL

The proposal comprises 4 elements: • An art wall situated along the western perimeter fence of the former Flexsys site. • Wayfinders off Queen Street which highlight the start of the walking route and the route from the car park. • New public seating situated at the north and south end of the access road. • New directional signage affixed to the north-eastern boundary fence to help indicate the walking route.

DEVELOPMENT PLAN

The site lies within the buffer zone of the inscribed World Heritage site. Part of the site lies within the Green Barrier and within a C2 Floor Zone. Policies PS1, PS2, GDP1, EC1, EC11 and EC12 refer. Planning Guidance Note 33, Pontcysyllte Aqueduct and Canal World Heritage Site is also applicable.

CONSULTATIONS

Community Council: Consulted 14.07.2014 Local Member: Notified 14.07.2014 Public Protection: Consulted 14.07.2014 Highways: Consulted 14.07.2014 Natural Resources Wales: Consulted 14.07.2014 Rights of Way Officer: Consulted 14.07.2014 Canal and Riser Trust: Consulted 14.07.2014 Shrops. Union Canal Soc.: Consulted 14.07.2014 Cadw: Consulted 14.07.2014 WACS: Consulted 14.07.2014 RCAHMW: Consulted 14.07.2014 Ramblers Assoc.: Consulted 14.07.2014 Neighbours: 9 neighbouring occupiers notified. Site Notices Expired: 6.8.2014

SPECIAL ISSUES/CONSIDERATIONS

Background/Proposal: The application is dependant on funding and timescales require that the application is presented to the July Committee. The recommendation will reflect the requirement for delegated powers to deal with the application, given neighbour consultation and site notices will expire after the Committee meeting.

The proposal seeks works which will help draw visitors to the World Heritage Site, making the route more interesting and highlighting attractions beyond the immediate site context and within the World Heritage Site.

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The objectives of the Local Planning Authority’s responsibilities for protection of the World Heritage Site are to manage in a positive way that supports the vision for the management of the site. Whilst recognizing the need to conserve and enhance the objectives, it also recognizes the need to achieve sustainable growth, delivering benefits to the local community, attracting visitors and to generate income for the local economy or reinvesting in the running of the site.

The proposals will help achieve the objectives by identifying and highlighting a route to the World Heritage Site and providing an interesting route into the site, highlighting local attractions and sites of interest within and beyond the World Heritage Site.

The application has been subject to pre-application consultation with a number of events to enable community involvement.

Design/Extent of Works: The main element of the proposal is an ‘Art Wall’, which will highlight local geography which the canal passes through. It will be created by a series of cross section ‘silhouette fins’ which will be affixed to the primary support structure of the palisade fence. The canal will form the linking element connected to the fins. Information will highlight the geography of the valley and also local landmarks and places of interest within the silhouette of the fin. The fencing will also contain an image gallery of information relating to the local area.

Two wayfinders (stand alone features) will be displayed at the start of the walking route at the Art Wall and at or near Wimbourne car park. These will be visible from the road and will create structures of interest whilst also containing additional signage/interpretation to visitors. Detailed design and scale will be conditioned.

New directional signage will also be affixed to the fence adjacent to the car park leading to the walking route to the World Heritage Site. These will be modest in size and involving individual silhouette fins positioned flat against the palisade fence. Seating will also be provided at either side of the Art Work. The bench seating will be composed of horizontally stacked sheet materials cut to shape the recognizable form of the Pontcysyllte Aqueduct.

The works proposed will be of a high quality design and will reflect the significance and importance of the World Heritage Site and assist in attracting visitors.

Conclusion: The works will be of a high standard to reflect the status of the World Heritage Site. It complies with the objectives of the Local Planning Authority’s responsibilities for the site in the context of attracting visitors to the site and the local communities. This in conjunction with other improvements will enhance visitor experience and increase visitors generally to the area.

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My recommendation however reflects the fact that the neighbour consultation and other statutory consultation and the site notices expire after the Committee meeting.

RECOMMENDATION

That the Head of Community Wellbeing and Development be given delegated powers, in accordance with Regulation 3 of the Town and Country Planning General Regulations 1992 to grant permission subject to the conditions set out below and provided no new substantive issues are raised by the consultation.

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 commencement of development details of the material to be used for the fins to be used on the artwall, directional signage on the palisade fence on the north eastern boundary of the Flexsys site, and the wayfinders shall be submitted to and approved, in writing, by the Local Planning Authority. Works shall be carried out strictly in 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 the works reflect the character and status of the World Heritage Site.

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LIST OF DELEGATED DECISIONS ISSUED

ESC P/2013/0729 WOOD COTTAGE WOOD COTTAGE 2 BAY GARAGE AND CAR PORT WITH GAMES GRANTED LANE WERN BERSHAM WREXHAM ROOM ABOVE on 14/07/2014 LL14 4LY BRY P/2013/0775 4 STEEL CLOSE BRYMBO TWO-STOREY SIDE EXTENSION AND SINGLE- GRANTED WREXHAM LL11 5EX STOREY FRONT EXTENSION on 15/07/2014 GRE P/2014/0044 THE DORMERS SPRINGFIELD LANE REMOVAL OF THREE SILVER BIRCH TREES GRANTED MARFORD WEXHAM LL12 8TF PROTECTED BY MARFORD CONSERVATION on 14/07/2014 AREA WRC P/2014/0101 FORMER GAS HOLDER SITE ERECTION AND INSTALLATION OF NEW GAS GRANTED RIVULET ROAD WREXHAM LL13 PRESSURE REDUCTION KIOSK AND on 14/07/2014 8DL EQUIPMENT TO REPLACE EXISTING WHICH IS TO BE DEMOLISHED GWE P/2014/0143 TESCO SUPERMARKET DODDS DISPLAY OF ADVERTIING PANELS & GRANTED LANE GWERSYLLT WREXHAM LL11 DIRECTIONAL SIGNS on 14/07/2014 4NT WRA P/2014/0197 LAND ADJOINING BRYN ESTYN OUTLINE APPLICATION FOR ERECTION OF GRANTED COTTAGE BRYN ESTYN ROAD SINGLE DWELLING on 30/06/2014 WREXHAM LL13 9TY HAN P/2014/0222 BROOKHOUSE FARM COW CUBICLES EXTENSION GRANTED BROOKHOUSE LANE HANMER on 14/07/2014 WREXHAM SY13 3EG RHO P/2014/0225 23 FENNANT ROAD PONCIAU FIRST AND SECOND FLOOR EXTENSION TO GRANTED WREXHAM LL14 1HL BUNGALOW AND FRONT PORCH EXTENSION on 02/07/2014 TO GROUND FLOOR CHI P/2014/0235 2 TY MAEN COTTAGE PENTRE ALTERATION TO EXISTING VEHICULAR ACCESS GRANTED CHIRK LL14 5AW AND PARKING AREA on 15/07/2014 GLY P/2014/0245 PLAS CROGEN SELATTYN RE-BUILDING AND EXTENSION OF GRANTED WREXHAM SY10 7NT AGRICULTRUAL BUILDING on 14/07/2014 PEN P/2014/0265 THE PANT PLAYING FIELDS OFF ERECTION OF 4 NO 15M HIGH FLOODLIGHTING GRANTED STRYT ISSA PENYCAE WREXHAM COLUMNS WITH 2/3 FLOODLIGHTS ON EACH on 15/07/2014 LL14 2SE COLUMN ABE P/2014/0277 LAND ADJACENT TO GRAPHTEC ERECTION OF PURPOSE BUILT INDUSTRIAL GRANTED COED ABEN ROAD WREXHAM BUILDING on 26/06/2014 INDUSTRIAL ESTATE WREXHAM LL13 9UH ROS P/2014/0284 25 DARLAND LANE ROSSETT SIDE AND REAR EXTENSION INCLUDING REFUSED WREXHAM LL12 0EL RAISING HEIGHT OF ROOF TO FORM SUITABLE on 02/07/2014 FIRST FLOOR HABITABLE ROOMS INCLUDING PROVISION OF DORMERS TO FRONT AND REAR LLA P/2014/0298 R A AND C E PLATT MINERS ROAD ERECTION OF INDUSTRIAL BUILDINGS GRANTED LLAY INDUSTRIAL ESTATE LLAY (ANCILLARY OFFICES, RECEPTION FACILITIES, on 27/06/2014 WREXHAM LL12 0PJ STORAGE AND DRIVERS UNIT) CEF P/2014/0299 UNIT 3 PARK ROAD INDUSTRIAL CHANGE OF USE TO INCLUDE TAXI GRANTED ESTATE PARK ROAD RHOSYMEDRE OPERATORS BASE, VEHICLE REPAIRS AND on 26/06/2014 WREXHAM LL14 3YP SALES AND VEHICLE HIRE WRO P/2014/0333 4 PENDRAGON COURT CONVERSION OF EXISTING DOUBLE GARAGE GRANTED HERMITAGE PARK WREXHAM LL13 INTO ANCILLARY RESIDENTIAL on 26/06/2014 7GY ACCOMMODATION TOGETHER WITH LINK EXTENSION TO MAIN DWELLING

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WRR P/2014/0338 COLEG CAMBRIA GROVE PARK CROWN LIFT ONE SYCAMORE (T1) OVER GRANTED ROAD WREXHAM LL12 7AB FOOTPATH BY 3m AND PRUNE TO CLEAR on 16/07/2014 STREET LIGHT BY 1m, PRUNE THREE NORWAY MAPLES (G1) BACK FROM FLAG POLES TO ACHIEVE 2m CLEARANCE AND REMOVE RUBBING BRANCH, PRUNE TWO NORWAY MAPLE (G2) TO CLEAR STREET LIGHT BY 1m AND REMOVE LOW BRANCH OBSTRUCTING STREET LIGHT, REDUCE SIDE BRANCHES BACK FROM BUILDING AS FAR AS KERB FROM ONE YEW (T3), REMOVE EPICORMIC BRANCHES FROM MAIN STEM TO HEIGHT OF MAIN FORK FROM ONE LIME (T4), REDUCE BACK BRANCHES OVERHANGING CABIN FROM TWO NORWAY MAPLES (G4) TO GIVE 3-4m CLEARANCE, CROWN RAISE TO 1m DOGWOOD AND PORTUGUESE LAUREL (G5), CROWN LIFT TWO LIMES (G6) BY 2m, REMOVE SMALLEST OF THE TWO STEMS FROM ONE CYPRESS (T7) AND REMOVE BRANCH STUBS FROM SIX BIRCH (G7). TREES PROTECTED BY TPO WMBC No. 11 AND No. 110 WRO P/2014/0348 ST GILES PRIMARY SCHOOL SINGLE-STOREY CLASSROOM EXTENSION AND GRANTED MADEIRA HILL WREXHAM LL13 EXTERNAL RAMP. on 07/07/2014 7HD WRO P/2014/0349 CHAPEL PLACE POYSER STREET REPLACEMENT OF EXISTING TIMBER GRANTED WREXHAM LL13 7YR WINDOWS WITH UPVC on 04/07/2014 RHO P/2014/0354 51 BRYNHYFRYD JOHNSTOWN TWO-STOREY SIDE EXTENSION GRANTED WREXHAM LL14 1PR on 15/07/2014 CEF P/2014/0355 OUTLOOK COED RICHARD SINGLE-STOREY REAR EXTENSION GRANTED ACREFAIR WREXHAM LL14 3HS on 26/06/2014 PEN P/2014/0356 9 POPLAR ROAD PENYCAE CONSTRUCTION OF VEHICULAR ACCESS GRANTED WREXHAM LL14 2PY (AMENDMENT TO PLANNING APPLICATION on 26/06/2014 PREVIOUSLY GRANTED UNDER CODE NO P/2002/0203) LLR P/2014/0359 LAND ADJOINING HILLCREST YR RELXATION OF CONDITION IMPOSED UNDER GRANTED OCHR FRONCYSYLLTE WREXHAM PREVIOUS PLANNING PERMISSION TO ALLOW on 03/07/2014 LL20 7RS DWELLING TO BE ERECTED IN ACCORDANCE WITH THE AMENDED PLAN LGC P/2014/0367 FRIEZLAND OFF PANT ROAD GLYN TWO-STOREY SIDE EXTENSION GRANTED CEIRIOG WREXHAM LL20 7HB on 03/07/2014 BRO P/2014/0368 TELECOMMUNICATIONS MAST INSTALLATION AND REPLACEMENT OF GRANTED QUARRY ROAD BRYNTEG TELECOMMUNICATION EQUIPMENT, on 03/07/2014 INDUSTRIAL ESTATE BRYNTEG INVOLVING REMOVAL OF 3M SECTION OF WREXHAM LL11 6AB TOWER AND ANTENNA AND NEW HEADFRAME (3M) AND PARALLEL SECTION, AND 6 NO. 4 PORT ANTENNA, RELOCATION OF DISH AND NEW DISH. WRR P/2014/0369 21 KENYON AVENUE GARDEN GROUND AND FIRST FLOOR EXTENSIONS GRANTED VILLAGE WREXHAM LL11 2ST on 15/07/2014 OVE P/2014/0370 ASNEY PARK FARM ASNEY LANE NEW AGRICULTURAL BUILDING 23M X 15M X 6M BAC ERBISTOCK WREXHAM LL13 0DS HIGH (FOR STOCK) on 25/06/2014 LLR P/2014/0376 CARMEL COTTAGE CWMALIS ROAD REPLACEMENT PORCH EXTENSION GRANTED FRONCYSYLLTE WREXHAM LL20 on 16/07/2014 7RP MAE P/2014/0377 5 OAK AVENUE PENLEY WREXHAM SINGLE STOREY REAR EXTENSION GRANTED LL13 0NW on 15/07/2014

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ROS P/2014/0402 2 ALYN DRIVE ROSSETT FIRST-FLOOR EN-SUITE EXTENSION GRANTED WREXHAM LL12 0HQ on 16/07/2014 PEN P/2014/0407 49 CHAPEL STREET PENYCAE SINGLE STOREY REAR EXTENSION (IN GRANTED WREXHAM LL14 2RF RETROSPECT) on 16/07/2014 PEN P/2014/0418 PEN Y CAE YOUTH CLUB NOTIFICATION OF DEMOLITION WORK - TO GRANTED AFONEITHA ROAD PEN Y CAE DEMOLISH YOUTH CLUB BUILDING on 16/07/2014 WREXHAM LL14 2PF MAR P/2014/0419 SMITHY COTTAGE SONTLEY LANE KITCHEN EXTENSION TO REPLACE GRANTED SONTLEY WREXHAM LL13 0YW CONSERVATORY on 16/07/2014 RUA P/2014/0476 WYNN OFFA WYNNSTAY YARD THE OUTLINE APPLICATION TO ERECT 1 NO. WITHDRAWN GREEN RUABON WREXHAM LL14 DWELLING ON LAND ADJOINING WYNN OFFA. on 16/07/2014 6DP

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