AGENDA ITEM NO. 4

REPORT TO: Planning Committee

REPORT NO. HCWD/64/12

DATE: 3 December 2012

REPORTING OFFICER: Head of Community Wellbeing and 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 No 1

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

Community Code No Applicant Recommendation Page No

BRO P/ 2012/0441 MR MICHAEL BERRY REFUSE 2 - 6

WRO P/ 2012/0638 CHEVIN HOMES LTD GRANT 7 - 16 MR DAN STACK

GWE P/ 2012/0653 CO-OPERATIVE GRANT 17 - 25 ESTATES

ABE P/ 2012/0657 ASH TYRES LTD GRANT 26 - 29 MR JASON TOKARCZYK

RHO P/ 2012/0680 MR K SHARPE GRANT 30 - 35

WRR P/ 2012/0687 MR S HAMLINGTON GRANT 36 - 41

CEF P/ 2012/0694 TESCO STORES LTD GRANT 42 - 45

BRN P/ 2012/0705 MR ADRIAN WEBB GRANT 46 - 48

CEF P/ 2012/0719 MR W EVANS REFUSE 49 - 54

CHI P/ 2012/0722 MCDONALDS GRANT 55 - 58 RESTAURANTS LTD

PEN P/ 2012/0723 MR MARTIN THOMAS GRANT 59 - 62

OVE P/ 2012/0730 MR JAMES GLOVER GRANT 63 - 66

RHO P/ 2012/0732 WREXHAM COUNTY GRANT 67 - 69 BOROUGH COUNCIL

WRA P/ 2012/0734 MR CARL PEARSON GRANT 70 - 72

ABE P/ 2012/0771 TENSION CONTROL GRANT 73 - 80 BOLTS

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 No 2

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

APPLICATION NO: LOCATION: DATE RECEIVED: P/2012 /0441 THE RETREAT OFF LONG LANE 21/06/2012 PENTRE BROUGHTON WREXHAM LL11 6BT COMMUNITY: CASE OFFICER: Broughton DESCRIPTION: MP CHANGE OF USE OF SINGLE PITCH TRAVELLER SITE TO FOUR PITCH WARD: TRAVELLER SITE AGENT NAME: Bryn Cefn MR ROBERT BENNETT APPLICANT(S) NAME: MR MICHAEL BERRY

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THE SITE

As above.

Proposed extension to site

Land currently occupied

PROPOSAL

In addition to increasing the number of caravans sited on the land the development will also result in the change of use of land immediately to the north of the existing single pitch caravan site.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

HISTORY

P/2005/1440 Erection of 1 no. dormer bungalow and use of land as gypsy caravan site for 3 no. pitches (Partly in Retrospect). Refused 7.2.2006 P/2007/1138 Erection of stable block incorporating day room and tack room. Refused 5.11.2007

DEVELOPMENT PLAN

Outside of settlement and within Green Barrier Policies GDP1, EC1 and H9 apply.

CONSULTATIONS

Community Council: Opposes the application for the following reasons: - it is an encroachment into the green barrier; - the visual impact on the community if the application is approved; - the access to and from the site is inadequate; - members also believe that there is a public footpath running this the land which should be kept open; - the site is over capacity already and the fact that the occupant has already contravened the original permission should not be used to justify any further encroachment into the green barrier. Local Member: Notified 25.6.12 Highways: Recommend refusal for the following reasons: - there is restricted visibility at the existing access onto Long Lane and increased use would increase the likelihood of danger to road users; - the site is approached from the classified highway by means of an unmade track that is considered substandard in construction and junction layout to serve further development; - the traffic generated by the development would result in an increase in use of the northern section of Long Lane with consequent increase in danger to road users. Public Protection: Consulted 25.6.12 Welsh Water: As the applicant intends to use a private treatment works advise they contact the Environment Agency. Dee Valley Water: Notified 25.6.12 Environment Agency: Low environmental risk. Page No 4

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

Rights of Way: Notified 25.6.12 Ramblers Association: Make the following comments; - Aware that rubbish from the site has been tipped on the path on repeated occasions and the boundary with the farmer’s field on the east side of the land has been encroached onto; - Aware of an extreme shortage of traveller sites in Wrexham and adjoining counties and fully support the proposal; - Ask that hedges on the east side of the land are replanted and a maintenance requirement placed on this and other hedges on the site; - Ask that no rubbish of waste is dumped on the footpath whilst alterations take place. CCW: No objection. Site Notice: Expired 18.7.12 Other Representations: 7 letters of objection expressing the following concerns: - outside of urban development plan and in Green Belt; - not in keeping with the semi-rural character of the area; - highway safety problems/increased traffic; - public footpath regularly blocked up by rubbish/scrap; - there is no foul drainage; - since the current residents have resided the general littering of the lane and footpath has increased dramatically; - increased noise;

SPECIAL CONSIDERATIONS

Background: Part of the application site is occupied by a single Gypsy and Traveller family. Whilst planning permission has never been granted part of the application site has been occupied for a sufficient length of time for its use as a single pitch Gypsy and Traveller site to become lawful. There is currently one static caravan and one touring caravan on the site.

The applicant is of the view that three or four families have occupied the site at different times in the past however no evidence has been submitted to demonstrate that occupation by more than one family has taken place simultaneously or with a sufficient degree of permanence/regularity to be lawful.

Gypsy and Traveller Planning Policy: Policy H9 of the UDP confirms that in exceptional circumstances where sites for caravans for individual gypsy/traveller families cannot be accommodated within settlement limits, Page No 5

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012 consideration may be given to sites in other locations subject to compliance of GDP1.

National planning guidance Circular 30/2007 ‘Planning for Gypsy and Traveller Caravan sites’ is more up to date than UDP policy and is a material consideration of considerable weight.

There is a recognised need for additional sites for Gypsy and Traveller accommodation within the County Borough and this consideration must be given significant weight when dealing with applications such as this one. The need for additional accommodation must however be balanced against other planning considerations such as the impact of the development upon UDP designations (in the case Green Barrier), visual impact and the adequacy of vehicular access.

The Design and Access statement suggests that the prevailing character of the area is residential but this is incorrect. Whilst there are two dwellings to the west and another to the east the site is clearly in open countryside. It also lies within the Green Barrier that separates Lodge and Brymbo from Pentre Broughton. The Circular advises that Gypsy and Traveller Caravan sites are likely to be inappropriate forms of development in Green Belts and Green Wedges (the latter corresponding to the UDP designation of Green Barrier). It is worth noting that the Gypsy and Traveller site at the junction of Tanyfron Road and Southsea Road (reference P/2011/0670) was dismissed on appeal because it would harm the openness of the Green Barrier.

The east and west boundaries of the site are enclosed by hedges and further boundary treatment could be secured by condition but this would be insufficient to fully mitigate the impact the proposals will have on the Green Barrier. The openness of the Green Barrier is a result of it being largely free of development. Wrexham’s Green Barriers all contain some development but the purpose of the policy is to prevent further encroachment of inappropriate development. Even where there is an established use it is necessary to consider whether extensions to or intensification of it will harm the openness of the Green Barrier.

The application proposes the siting of 4 chalets on the site. This will not only quadruple the number of static mobile homes but will also increase the site area by around 50% by extending the site onto land immediately to the north which does not benefit from a lawful use for the siting of residential caravans. Whilst chalets are more homes capable of being moved it is likely they will be sited on the land on a semi-permanent basis and will therefore inevitably impact upon the openness of the Green Barrier.

The development will also intensify the use of the site. In addition to additional chalets there is the potential for the number of touring caravans and parked vehicles to quadruple. I accept these are unlikely to be on the site as frequently as the static mobile homes but the fact that there will be up to 4 Page No 6

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012 families occupying the site will inevitably change the character of the site and adversely impact upon the rural character of the immediate locality.

The Design and Access statement suggests that the site is unkempt and the applicants want to improve its appearance. I do not believe it is necessary to grant planning permission for this development in order to facilitate improvements to the site. Lesser measures could be carried out to improve its appearance without conflicting with planning policy or (depending on the works carried out) without requiring planning permission.

In my opinion the intensification in use will prove harmful to the openness of the Green Barrier and detract from the rural character of the locality.

Access: The site is accessed via an unadopted road that is narrow, poorly surfaced and suffers from poor visibility at is junction with Long Lane. The unadopted road currently serves two dwellings in addition to the application site. The development will result in a material increase the number of vehicles using this substandard means of access to the detriment of highway safety.

The development will also increase the amount of traffic on Long Lane and I note Highways comments that the northern section of the lane cannot safely cater for additional traffic.

Conclusion: The development will harm the openness of the Green Barrier, have a detrimental impact upon the rural landscape. It will also have a detrimental impact upon Highway safety. As such it does not accord with policy GDP1, H9 and EC1 of the Wrexham Unitary Development plan.

RECOMMENDATION: That permission be REFUSED

REASON(S)

1. The development will have a detrimental impact upon the rural landscape and will harm the openness of the Green Barrier and therefore conflicts with policy/policies GDP1 and EC1 of the Wrexham Unitary Development Plan. 2. Due to its poor condition and restricted visibility at its junction with Long Lane the unadopted road serving the site is unsuitable to cater for the additional traffic that will be generated by the development. Consequently the development will not be provided with a safe and satisfactory mean of vehicular access and therefore conflicts with policy GDP1(d) of the Wrexham Unitary Development Plan. 3. The development is likely to increase the amount of traffic using the section of Long Lane to the north of the site. This section of Long Lane is unable to safely cater for additional traffic and therefore the development conflicts with policy GDP1(d) of the Wrexham Unitary Development Plan.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

APPLICATION NO: LOCATION: DATE RECEIVED: P/2012 /0638 ERDDIG NURSERY SCHOOL 07/09/2012 ERDDIG ROAD WREXHAM LL13 7DN COMMUNITY: CASE OFFICER: Offa DESCRIPTION: SEH DEMOLITION OF FORMER NURSERY SCHOOL AND ERECTION WARD: OF 6 NO. TWO-STOREY AGENT NAME: Erddig DWELLINGS (4NO. TWO-BEDROOM CHEVIN HOMES LTD AND 2NO. THREE-BEDROOM). MR DAN STACK

APPLICANT(S) NAME: MR DAN STACK CHEVIN HOMES LTD

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THE SITE

Site of the former Erddig Children’s Day Nursery, Erddig Road, Wrexham.

4 No. Dwellings

Parking Areas

2 No. Dwellings

Page No 8

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

PROPOSAL

As above.

HISTORY

CB 2323 Installation of mobile classroom unit Granted 28/7/1998 P/2002/1010 Single storey extension Granted 11/11/2002 P/2003/0838 Retention of single mobile classroom Granted 3/9/2003 unit (previously granted under Code No. CB 2323) P/2004/0159 Siting of additional mobile classroom Granted 30/3/2004 unit and resting of existing storage container P/2007/0118 Retention of single mobile nursery Granted 16/3/2007 classroom unit (previously granted Planning permission under Code No.P/2004/0159)

DEVELOPMENT PLAN

Within settlement limit. UDP Policies PS1, PS2, PS3, PS4, PS11, H2, T8, EC4, GDP1 and GDP2 apply. Local Planning Guidance Notes Nos. 16 ‘Parking Standards’ and 21 ‘Space around Dwellings’ are also relevant.

CONSULTATIONS

Community Council: The Community Council raises no objection to the amendments. Whilst disappointed that it is not possible to get access from the back of the site onto John Street members understand why the access has to be from Erddig Rd. Members feel the design deals with the site issues as well as can be expected and welcomes the future development of the site. Local Member: Re-notified 01/11/2012 Highways: No objection subject to recommended conditions. Welsh Water: No objection subject to recommended conditions. Environment Agency: Low environmental risk. Standard advice to developer is relevant. Public Protection: Due to the potential for contamination issues as a result of historical land uses (engineering and fuel stations) within the area and a landfill site within 250m, it will be necessary to ensure that any potential contamination issues are adequately dealt with. No objection subject to recommended conditions. Page No 9

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

Education: Contribution to primary education required. No contributions to secondary education required. Site Notice: Expired 02/10/2012 Other Representations: 2 letters of concern received raising the following:  The siting of the dwellings will impact on the privacy of the occupiers of the existing dwellings opposite the site on Erddig Road;  The development will compound on-street parking problems;  Close proximity of the car parking spaces with the rear boundaries of the existing dwellings on Fairfield Street.

SPECIAL CONSIDERATIONS/ISSUES

Background: This is a full application for the proposed demolition of the former Erddig Children’s Day Nursery and erection of 6 no. two and three bedroom dwellings. The main issues to consider relate to the impact of the development upon local residential amenity and upon highway safety.

Design and Residential Amenity: The proposal provides for the comprehensive development of the redundant site, providing an opportunity to regenerate and visually enhance the general appearance of the area, in accordance with policy GDP1(a). The layout of the dwellings responds well to the existing street scene on Erddig Road and maintains the pattern of development, and the proposed terraces provide for a cohesive street frontage and make a positive contribution to the appearance of the area.

The external finishes are consistent with the character of the area, and the design has included elements of the surrounding 2 storey houses. The site layout has been carefully designed to ensure that adequate space around dwellings has been provided, and though the recommended separation distances have not been achieved in all cases, there will be no significant loss of daylight or privacy to the existing or proposed dwellings subject to appropriate planning conditions restricting the inclusion of new openings in sensitive locations. The site plan has demonstrated that the site is capable of supporting the 6 no. dwellings as proposed. Adequate on-site parking and garden space together with safe and satisfactory vehicular and pedestrian access have also been proposed.

Highways: The site is located on Erddig Road an unclassified highway subject to a 30 mph speed limit although vehicular speed is considered to be significantly lower (about 15 mph) due to the geometry of the road. The submitted plans demonstrate that adequate visibility can be achieved at the proposed vehicular access. There is an existing alternative access from the site along St. John Street which leads to Fairfield Street. This access is to be permanently closed off to vehicles in the interests of highway safety.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

Local Planning Guidance Note No.16 ‘Parking Standards’ advises that, as a maximum, 14 on-site parking spaces should be provided. Proposed are 12 no. spaces which, given the town centre location within easy walking distance of local shops, schools and recreation and health facilities, is considered adequate, and the proposed development would not lead to an increase in indiscriminate on-street parking. Further, the traffic generation associated with 6 no. dwellings is not considered to have a significant impact upon highway safety over and above the traffic associated with the former use. The parking is proposed to the rear of the site and there is to be a planted verge between the parking spaces and the rear boundaries of the properties on Fairfield Street.

Conclusion: The development accords with local planning policy and would make a positive contribution to the appearance of the area; there would be no significant detrimental impact upon local residential amenity or highway safety. My recommendation is however in three parts to reflect the requirement for a S106 agreement prior to the granting of any permission, and to allow for the application to be refused should the S106 not be completed within six months of the date of this resolution.

RECOMMENDATION A

That the Council enters into an obligation under Section 106 of the Town and Country Planning Act 1990 securing the payment of £11,760.00 to be made towards the provision of primary school facilities in the locality. The final form and amount shall be determined by the Head of Community Wellbeing and Development.

RECOMMENDATION B

That if the Obligation pursuant to Section 106 of the Town and Country Planning Act 1990, as detailed above, 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 planning permission for the following reasons:-

1) The absence of Developer Contributions to Schools would have a negative impact upon the capacity to provide primary education locally contrary to the Wrexham Unitary Development Plan Policy GDP2 and Local Planning Guidance note no. 27 - 'Developer Contributions to Schools'.

The Head of Community Wellbeing and Development be given delegated authority to determine the final form and content of reasons for refusal.

Page No 11

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

RECOMMENDATION C

Subject to the completion of the S106 obligation, planning permission be granted subject to 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. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 3. Each new dwelling hereby permitted shall be constructed to achieve a minimum Code for Sustainable Homes Level 3 and achieve a minimum of 1 credit under category 'Ene1 - Dwelling Emission Rate' in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3. The development shall be carried out entirely in accordance with the approved assessment and certification 4. Construction of any dwelling hereby permitted shall not begin until an 'Interim Certificate' has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been achieved for that individual dwelling or house type in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3. 5. Prior to the occupation of the individual dwelling hereby permitted, a Code for Sustainable Homes 'Final Certificate'' shall be submitted to the Local Planning Authority certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been achieved for that dwelling in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3. 6. Within three months of commencement of development, full details of a hard and soft landscaping scheme together with a timescale for implementation of works shall be submitted to and approved in writing by the Local Planning Authority. 7. The landscaping scheme submitted and approved in connection with condition no. 6 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved scheme. 8. The landscaping scheme as carried out in connection with condition no. 7 shall be permanently retained. Any planting becoming severely damaged or seriously diseased, or is in poor physiological condition and/or are removed without the written permission of the Local Planning Authority shall be replaced with trees or shrubs and within a timescale all to be submitted to and approved in writing by the Local Planning Authority. 9. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site. 10. All works in relation to the implementation of this permission, including Page No 12

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012 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. 11. 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. 12. No part of the development shall commence until a scheme to deal with potential contamination at the site has been submitted to and approved in writing by the Local Planning Authority. This scheme shall include a phased investigation approach to identify the extent of contamination and any measures required to remediate the site, including post-development monitoring. 13. No part of the development shall be occupied until a Verification Report which demonstrates that the remedial works approved as part of condition no. 12 above have been satisfactorily carried out, has been submitted to and approved in writing by the Local Planning Authority. 14. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 18 metres in both directions 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. 15. Prior to first use of the development hereby approved a pedestrian visibility splay shall be established measured from the centreline of the vehicular access 2.4 metres back from the back edge of the footway to points 3.3 metres either side measured along the back edge of the footway. Within these splays there shall be no obstruction in excess of 0.6 metres in height above the level of the adjoining highway. The splays shall thereafter be permanently retained clear of any such obstruction to visibility. 16. The vehicular access(es) hereby approved shall take the form of a dropped vehicular crossing. 17. 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. 18. 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. 19. 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) Detailed layout, design, drainage and construction of the proposed new footway. 2) Detailed layout, design, drainage and construction of the proposed new footway link between Erddig Road and John Street including lighting provision. The scheme as is approved shall be fully implemented prior to first use of the development. Page No 13

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

20. The vehicular parking and turning areas as shown on approved drawing(s) No(s). 00712 Rev D shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of vehicles at all times. 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 extensions or additions to the dwelling as approved shall be erected under Class(es) A, B, C, D of Schedule 2 Part 1. 22. With the exception of those shown on the approved plan and 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 north east or south west. 23. Demolition of the building subject to this grant of planning permission 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 the Countryside Council for Wales contacted for further advice. 24. The existing vehicular access onto John Street shall be permanently closed off as from the date of the formation of the access onto Erddig Road in accordance with a scheme which has been 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 comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales February 2011 4.11.4) 4. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales February 2011 4.11.4) 5. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales February 2011 4.11.4) 6. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 7. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 8. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 9. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. Page No 14

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

10. To protect the amenities of the occupiers of nearby properties. 11. To protect the amenities of the occupiers of nearby properties. 12. In the interests of the amenities of the future occupants of the buildings 13. In the interests of the amenities of the future occupants of the buildings 14. To ensure that adequate visibility is provided at the proposed point of access to the highway. 15. To ensure that adequate visibility is provided at the proposed point of access to the highway. 16. In the interests of highway safety. 17. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 18. In the interests of highway safety. 19. In the interests of highway safety. 20. 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. 21. 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. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. To protect the amenities of the occupiers of nearby properties. 22. To protect the amenities of the occupiers of nearby properties. 23. To protect named species/habitats/biodiversity which would otherwise be damaged/lost by the development hereby permitted. 24. In the interests of highway safety.

NOTE(S) TO APPLICANT

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

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

Burning of waste generated from construction activities is not considered to be an appropriate method of disposal and action may be taken as follows: - Under the Environmental Protection Act 1990 anyone found disposing of construction site waste by burning is likely to be in breach of their duty of care with regard to waste disposal; - Under the same Act an abatement notice may be served where smoke is Page No 15

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012 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. 11 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.

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.

Further advice on compliance with condition no. 12 and 13 may be obtained by contacting the Council's Environmental Protection Team on 01978 315733. Should the investigation identify contamination issues that may affect receptors other than the site users e.g. groundwater, then it is recommended that these works are also addressed in consultation with the Housing and Public Protection Department prior to commencement of works on site. If a connection is required to the public sewerage system, the developer is advised to contact Dwr Cymru Welsh Water's Network Development Consultants on 0800 917 2652

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.

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). 14, 15, 16, 17, 19, 20, 24 to be formally discharged in writing. Page No 16

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

The proposed footway fronting the development site and footway link through the site should be constructed to a standard suitable for adoption by the Council for future maintenance at public expense, and the developer will need to enter into an agreement with the Council under s.38/278 of the Highways Act.

The Highway Authority will require works to be completed to their satisfaction before they will formally adopt the works for public use and to be maintained at public expense. This will include the provision of a bond to cover the estimated value of such works. ______Page No 17

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

APPLICATION NO: LOCATION: DATE RECEIVED: P/2012 /0653 FORMER SITE OF THE CROFT OFF 17/09/2012 DODDS LANE GWERSYLLT WREXHAM COMMUNITY: LL11 4NT CASE OFFICER: Gwersyllt MP DESCRIPTION: OUTLINE APPLICATION FOR WARD: ERECTION OF NEW COMMERCIAL AGENT NAME: Gwersyllt East & South UNIT FOR A1, A2 AND / OR A3 USES G V A MR BEN LEWIS APPLICANT(S) NAME: CO-OPERATIVE ESTATES

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THE SITE

As above.

Application site and indicative location of proposed building

PROPOSAL

Outline permission is sought for a commercial unit for A1, A2 and/or A3 use. All matters are reserved for subsequent approval. Indicative plans show a Page No 18

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012 single storey retail unit with a gross internal floor area of approximately 340 square metres.

HISTORY

6/23753 Residential Development (8 dwellings) & alterations to existing vehicular and pedestrian access. Outline planning permission refused 6.11.95 CB/03270 Erection of building for commercial/retail purposes. Outline permission granted 5 July 1999 P/2003/0648 Construction of canopy, re-arranged car park & provision of soft landscape improvements. Granted 8.11.2002

DEVELOPMENT PLAN

Within settlement limit and Gwersyllt District Shopping Centre. Policies GDP1, S5 and T8 applies.

The following guidance is also relevant:

Local Planning Guidance Note 9: Hot Food Takeaways Local Planning Guidance Note 16: Parking

CONSULTATIONS

Community Council: Consulted 18.9.12 Councillor Bernie McCann: Notified 18.9.12 Councillor David J Griffiths Is concerned about: - potential increases in traffic; - height and design of the building, its close proximity to nearby dwellings and potential impact upon the street scene. Public Protection: Recommend measures to limit impact of construction, to require extraction systems and to limit noise levels for any air handling plant. Highways: Have made the following comments: - access road into Gwersyllt shopping centre is 7m wide, with footway provision to both sides. The road caters for significant numbers of customers and HGV deliveries; - visibility at the access road onto Dodds Lane is concurrent with Welsh Government guidelines; - there is more than adequate parking provided at the shopping centre to cater for increased usage as a result of the development; Page No 19

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

- adequate off-road parking and turning for delivery vehicles must be provided; - a Transport Survey has been provided that concludes the increased traffic generation is not significant enough to be of detriment to the highway network. Concur with this assessment; - there may be some requirements to upgrade existing pedestrian provision; - it is important that visibility and manoeuvrability at the Church car park entrance is not affected. Welsh Water: Request drainage conditions. Environment Agency: Low environmental risk – standard advice applies. Site Notice: 19.9.12 Other Representations: 5 representations received expressing the following concerns: - pedestrian safety; - highway safety; - increase in traffic; - additional deliveries; - detrimental impact upon the character of the area; - site is in a mainly residential area – adverse impact on residential amenity; - difficult to estimate the impact due to vagueness of the application; - litter problems exacerbated by additional fast food outlet; - a fast food outlet within close proximity to a primary school would not sit well with the Government’s aim of encouraging health eating; - who owns boundary wall to be replaced and what is the nature of the replacement wall; - the building may make the church driveway dark at night making people using it vulnerable; - flooding.

SPECIAL CONSIDERATIONS

Policy: Policy S5 states that new shopping and commercial development will be allowed within district shopping centres. Whilst permission is sought for the building to be used A2 (Financial and Professional Services) and/or A3 (Food and Drink) as well as A1 (Retail) I am satisfied that district centres are appropriate locations for all three uses and as such the proposals accord with Page No 20

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012 policy S5. The principle of commercial and retail uses on this site have also previously been established by a permission granted in 1999 CB03270. As the policy circumstances remain relatively unchanged there are no objections on policy grounds.

The introduction of a Class A2 into the district shopping centre will diversify the range of uses on offer without harming it’s predominantly retail character thus contributing towards its vitality and viability.

It is possible that were the building used (either entirely or in part) for a purpose falling within Class A3 this could mean a café, restaurant, public house and/or a hot food takeaway. Whilst there is already a hot food takeaway within the district centre a short distance from the application site an additional A3 use will not result in an overconcentration of this use class.

As already noted, it is possible that a hot food takeaway could operate from the development. I am aware that the site is only 100m from a school and that LPG9 advises that hot food takeaways should not be located within 400 metres of the boundary of a school. However it also advises that hot food takeaways may be acceptable within non-principle shopping streets in the town centre and district shopping centers. No specific guidance is provided where the town centre or district shopping centres lie within 400 metres of schools.

Given that parts of Wrexham town centre many of Wrexham’s district centres and parts of Wrexham town centre lie within 400 of a school I am of the opinion that preventing any takeaways opening in these areas would be overly restrictive and prevent new development or changes of use that could contribute towards their vitality and viability. As such the district centre designation should attract more weight in this case.

Amenity:

Noise

Whilst being closer to nearby dwellings than the existing retail units (the development will be around 13m from properties directly opposite), the proposals are unlikely to generate significant additional noise.

I appreciate that Class A3 uses have potential to generate noise later in the evenings as a result of customers arriving to pick up food orders but the opening times of the nearby Tesco are 6am to 12am weekdays and 10am to 4pm on Sundays. As a result there is already potential for a reasonable amount of activity in the vicinity of the application site at those times. Dodds Lane is also a fairly busy road thus nearby properties will already be subject to noise from passing traffic. Accordingly I do not believe an A3 use will generate unacceptable levels of disturbance.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

LPG9 advises in district centers where there is housing close by, opening hours should be limited to 10.00am-11.30pm Monday to Saturday and 10.00am-11pm on Sundays. Whilst I believe the closing times to be appropriate for this development should it be used for purposes falling within Class A3, given the likely level of activity associated with the rest of the district centre I believe it would be reasonable to permit opening from 8am to 11.30pm Monday to Saturday.

Odour

Given the separation distance to the nearest dwellings, provided adequate odour control/extraction systems are installed I do not anticipate odour nuisance arising from food preparation. This can be required by condition.

Visual amenity and daylight

Whilst the exact siting and design of the building is reserved for subsequent approval there is sufficient separation between the site and nearby dwellings to ensure that a single storey building will not prove overbearing or significant reduce daylight.

Appearance: The external appearance of the building will be considered when the reserved matters are submitted.

I appreciate that the development will be more prominently sited than the existing retail units, however the site is very clearly part of the adjoining district centre and an appropriately designed building will accord with the character of its immediate surroundings.

Access and Parking: The existing access off Dodds Lane has adequate visibility and the indicative plans submitted show that a building can be accommodated without impeding visibility.

The development is well located to support/promote linked trips to other premises within the district centre and is easily accessible by public transport and on foot from the immediate locality and accordingly the additional amount of traffic and demand for parking arising from the development will not be as great as from a stand alone development. Nevertheless there are over 200 parking spaces provided for the district centre and a large number of parking spaces are regularly available. A Transport Statement submitted by the applicants also demonstrates that it will not significantly increase traffic.

There are pedestrian footpaths both sides of the access road serving the district centre that connect with footpaths along Dodds Lane. I note Highways have referred to a possible requirement to upgrade existing pedestrian provision however no details of what may be required has been provided. Furthermore Highways have not recommended that permission be refused if no such provision is forthcoming. In my opinion the existing pedestrian Page No 22

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012 provision is adequate to cater for the development and the development is acceptable without any additional provision.

Other Matters: Some concern has been about the impact this development will have on the access/parking area of the adjoining church as well as a boundary wall.

I am satisfied that there is sufficient space within the site to locate a building without impeding visibility from the access to the adjacent church.

With regards to safety, the indicative site plan shows at least 1m between the north western boundary and the proposed building. Furthermore the car park will remain visible from Dodds Lane thus continuing to benefit from natural surveillance. The development is unlikely to increase the risk of crime and antisocial behaviour taking place in the church car park.

The indicative plans suggest a new boundary wall is to be erected between the site and the land to the north belonging to the church. The ownership status of the wall is not a planning consideration but rather a private matter. The appearance of any new boundary treatment will be considered in more detail at reserved matter stage and/or subject to a condition imposed on a reserved matters approval.

Conclusion: The development accords with UDP policies.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. Approval of the following details shall be obtained from the Local Planning Authority before any part of the development is commenced: a. the layout of the building(s) b. the scale of the building(s) c. the appearance of the building(s) d. the means of access to the site and building(s) e. 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 as permitted shall be commenced before the two years from the date of approval of the last of the reserved matters required to be approved. 4. The plans and particulars of reserved matters referred to in condition 01 shall include full details of an area for the parking and loading/unloading of service vehicles. The service area as approved shall be laid out, surfaced and drained prior to the first use of the development hereby granted permission and thereafter retained for that purpose free of obstruction. 5. There shall be no direct means of vehicular or pedestrian access from Page No 23

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

Dodds Lane to the development hereby granted permission. 6. No part of the development shall be used for any purpose within Class A3 of the Town and Country Planning (Use Classes) Order 1987 (or any class or classes equivalent to that class in any statutory instrument revoking and re- enacting that Order with or without amendment) until 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 have been submitted to and approved in writing by the Local Planning Authority. The approved details shall be fully implemented prior to first use of the development and shall thereafter be permanently retained in an operational condition. 7. 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. 8. 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. 9. No part of the development shall be used for any purpose within Class A3 of the Town and Country Planning (Use Classes) Order 1987 (or any class or classes equivalent to that class in any statutory instrument revoking and re- enacting that Order with or without amendment) outside of the following hours: 08:00 to 23:30 Monday to Saturday 10:00 to 23:00 on a Sunday

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. To ensure adequate provision for servicing is made in the interests of ensuring the free flow of traffic along the adjacent highway and access road. 5. In the interests of highway safety. 6. To protect the amenities of the occupiers of nearby properties. 7. To protect the amenities of the occupiers of nearby properties. 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 Page No 24

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012 amended plans.

The applicant is advised that compliance with condition no. 08 does not provide an exemption from the statutory noise nuisance provisions of the Environmental Protection Act 1990. Any complaints received relating to noise from the development during the permitted hours may still be investigated using the Council's Standardised Procedure for Dealing with Noise Nuisance Complaints and legal action may be taken where appropriate.

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

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

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

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

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

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

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

· 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 No 26

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

APPLICATION NO: LOCATION: DATE RECEIVED: P/2012 /0657 ASH TYRES LTD UNITS 19 TO 20 18/09/2012 ABENBURY WAY WREXHAM INDUSTRIAL ESTATE WREXHAM COMMUNITY: LL13 9UZ CASE OFFICER: Abenbury SJG DESCRIPTION: 1 NO. DOUBLE SIDED SIGNAGE WARD: BOARD AGENT NAME: Holt ASH TYRES LTD APPLICANT(S) NAME: MR JASON MR JASON TOKARCZYK ASH TOKARCZYK TYRES LTD

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THE SITE

The site is one of a group of units on the west side of Abenbury Way.

PROPOSAL

As above. Page No 27

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

The application was originally submitted to retain the two non-illuminated existing signs, each 2.4 metres by 0.9 metre, one at each end of the grass verge on the frontage. It has been amended following discussions with the case officer, and is now for two smaller signs each 1.2 metres by 0.8 metre, joined together in a V formation, to the south of the grass verge. The landowner has given consent for the sign.

RELEVANT HISTORY

None.

DEVELOPMENT PLAN

The site lies within the settlement limits. Policies PS2 and GDP1 of UDP are relevant, together with LPGN 1 advertisements.

CONSULTATIONS

Abenbury C Council: Objected to the original application on the grounds of the visual amenity of the area. They considered that the sizes of the signs are excessive. Withdraw their objection based on the revised proposal. Local Member(s): Considers that the original proposal was excessive and would set a precedent. The revised proposal is still a large sign and a sign on the building would be preferable. Highways: No objections Site Notice: Expired 10/10/2012 Other Representations: Adjoining occupiers notified 20/9/2012. 1 objection received, on Welsh language grounds.

SPECIAL CONSIDERATIONS/ ISSUES

Background: The units have a standard information board on the north side of the entrance, giving details of the occupiers of units. This business is a tyre depot and fitting centre, providing a service to the public and local business and receiving a high volume of calling traffic. There are a number of signs on the site frontage, including a Council sign for the temporary Industrial Estate Link Roads project office.

Visual amenity: The revised proposal is considered to be acceptable in the context of other signs on the site and in the locality. The business is located at the rear of the site and is one which attracts a high volume of calling traffic from customers who may not be familiar with the location.

Highway safety: The sign is located behind a footway and outside of the visibility splay. It is therefore acceptable on highway safety grounds.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

Other matters: This application for advertisement consent is to consider the positioning of the signage in light of its potential impact upon public safety and visual amenity. The content of the signage cannot be controlled.

I do not consider it reasonable or necessary to condition bi-lingual signage given that there is no requirement in planning policy or law. The local planning authority cannot enforce business corporate policy.

The applicant has been made aware of the issue. He has made revisions to the wording but cannot provide a fully bilingual sign as the business name is an English name.

Conclusion: The revised proposal is considered to be acceptable under the terms of adopted policies and guidance.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. Any advertisements displayed, and any site used for the display of advertisements, shall be maintained in a clean and tidy condition to the reasonable satisfaction of the Local Planning Authority. 2. Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition. 3. Where an advertisement is required under these Regulations to be removed, the removal shall be carried out to the reasonable satisfaction of the Local Planning Authority. 4. No advertisement is to be displayed without the permission of the owner of the site or any other person with an interest in the site entitled to grant such permission. 5. No advertisement shall be sited or displayed so as to obscure, or hinder the ready interpretation of, any road traffic sign, railway signal or aid to navigation by water or air, or so as otherwise to render hazardous the use of any highway, railway, waterway or aerodrome (civil or military). 6. The development shall only be carried out in strict accordance with the details shown on the approved drawing(s) dated 30 October 2012 and as contained within the application documentation. 7. Prior to the display of the advertisement hereby approved the two existing signs located on the verge shall be removed.

REASON(S)

1. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 2. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 3. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 4. To comply with the Town and Country Planning (Control of Page No 29

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

Advertisements) Regulations 1992. 5. To comply with the Town and Country Planning (Control of Advertisements) Regulations 1992. 6. To ensure that the development fully complies with the appropriate policies and standards. 7. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. ______Page No 30

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

APPLICATION NO: LOCATION: DATE RECEIVED: P/2012 /0680 GARDEN AREA ADJOINING 03/10/2012 BODEURON BEECH AVENUE RHOSLLANERCHRUGOG COMMUNITY: WREXHAM CASE OFFICER: Rhos LL14 1AA SEH

DESCRIPTION: WARD: SUBMISSION OF RESERVED AGENT NAME: Ponciau MATTERS PURSUANT TO OUTLINE BLUEPRINT PLANNING PERMISSION ARCHITECTURAL P/2011/0754 (DESIGN, ACCESS, SERVICES LTD APPEARANCE, LANDSCAPING AND LAYOUT). ERECTION OF 1 NO TWO STOREY DWELLING.

APPLICANT(S) NAME: MR K SHARPE ______

THE SITE

A plot of land measuring approximately 235 square metres currently forming the side garden area of ‘Bodeuron’, Beech Street, Rhos, Wrexham.

Application Site

Page No 31

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

PROPOSAL

As above.

HISTORY

P/2011/0549 Outline application for the erection of 1 no. two storey dwelling. Application withdrawn 05/09/2011. P/2011/0754 Outline application for the erection of 1 no. two storey dwelling. Approved 07/11/2011.

DEVELOPMENT PLAN

Within a defined settlement limit UDP Policies GDP1, PS1, PS2, PS3, PS4, H2 and T8 apply. Local Planning Guidance Notes Nos. 16 ‘Parking Standards’ and 21 ‘Space around Dwellings’ are also relevant.

CONSULTATIONS

Community Council: Has received two letters of objection (from the same local resident) to the development which have been forwarded to the planning service with a request that the comments contained in the letters be given full consideration by the planning committee (see Other Representations below). Local Members: Notified 05/10/2012 Public Protection: No further comments to those made at the outline application stage. Highways: No objection subject to recommended planning conditions. Welsh Water: No objection subject to recommended planning conditions. Environment Agency: Low priority consultation. Standard advice to developers is relevant. Site Notice: Expired 30/10/2012 Other Representations: Two letters of objection received:  Loss of light, view and privacy;  Side window should be deleted;  Dwelling would appear out of place in the street scene;  Loss of ‘green’ areas;  Congestion on the road as there if no footpath.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

SPECIAL CONSIDERATIONS/ISSUES

Background: This is an application for approval of the reserved matters following the granting of planning permission in 2011 (P/2011/0754) for the erection of 1 no. two storey dwelling. All matters have been submitted for approved. The main issues to consider relate to the impact of the development of the site upon the residential amenities of the occupiers of the neighbouring properties in terms of loss of light, view and privacy; and upon highway safety and parking problems.

Design: The proposed dwelling will infill a small gap in a well developed frontage. The dwelling is of appropriate scale and design, and is in keeping with the current street scene, and the development would make a positive contribution to the visual amenities of the area.

Layout and Residential Amenity: Having considered the existing properties around the site, the dwelling has been carefully designed to ensure adequate space around it and the development is in accordance with the Council’s separation distances and guidance on ‘Space around Dwellings’. There will not be a significant loss of privacy subject to a condition securing obscuring glazing in sensitive locations which will prevent overlooking. The BRE 45 degree test for daylight has been applied and the test passes and there will therefore be no significant loss of light to surrounding properties.

Highways: The site is located on an unclassified highway subject to a 30 mph speed limit although vehicular speed is considered to be significantly lower due to the geometry of the road. The submitted plans demonstrate that adequate visibility can be achieved at the proposed vehicular access whilst also improving visibility from the existing access to ‘Bodeuron’. To achieve the visibility the existing front boundary wall should be reduced to 1 metre in height and this will be secured by planning condition. Adequate off road parking facilities are provided within the curtilage of the development site and adequate parking would remain for the existing dwelling. The proposed development would not lead to an increase in on-street parking. Further, the traffic generation associated with one dwelling is not considered to have a significant impact upon highway safety and would not justify a requirement for the construction of a footway across the site frontage.

Other Matters: There is no right to a view over land belonging to another, and concern raised in relation to loss of view over the development site to ‘The Stiwt’ and ‘St David’s Church’ etc. is not a relevant planning consideration.

Conclusion: The proposal is in accordance with local policy and will not significantly impact upon local residential amenity in term of loss of light or overlooking. A safe and satisfactory vehicular access has been proposed leading to on site parking, and the traffic associated with the new house will not have a negative impact upon highway safety. The development of the site Page No 33

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012 will make a positive contribution to the visual amenities of the area and I recommend accordingly.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be commenced before the expiry of five years from the date of this permission. 2. Prior to their use on the development samples of all external facing and roofing materials shall be submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 3. With the exception of those shown on the approved plan and 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 north or south. 4. 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), any window or opening in the elevation facing north or south shall only be glazed or re-glazed using obscure glass which shall thereafter be permanently retained. 5. Construction of any dwelling hereby permitted shall not begin until an 'Interim Certificate' has been submitted to the Local Planning Authority, certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been achieved for that individual dwelling or house type in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3. 6. Prior to the occupation of the individual dwelling hereby permitted, a Code for Sustainable Homes 'Final Certificate'' shall be submitted to the Local Planning Authority certifying that a minimum Code for Sustainable Homes Level 3 and a minimum of 1 credit under 'Ene1 - Dwelling Emission Rate', has been achieved for that dwelling in accordance with the requirements of the Code for Sustainable Homes: Technical Guide Version 3. 7. The development shall only be carried out in strict accordance with the amended plan(s) numbered S035/002 Rev C and S035/003 Rev D. 8. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site. 9. 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. 10. There shall be no gates or other means of enclosure across the vehicular access point within 5 metres of the highway boundary. 11. Nothing shall be planted, allowed to grow or erected to a height greater than 1 metre in height above the level of the nearside edge of the adjoining highway for a distance of 2.4 metres measured back from the adjoining highway along the entire site frontage. The splays shall be provided prior to Page No 34

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012 first use of the development and shall thereafter be permanently retained clear of any such obstruction. 12. The vehicular parking and turning areas as shown on approved drawing(s) No(s). S035/003 Rev D shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of vehicles at all times. 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. 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 extensions or additions to the dwelling as approved shall be erected under Class(es) A, B, C, D of Schedule 2 Part 1.

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 comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales February 2011 4.11.4) 6. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales February 2011 4.11.4) 7. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area and to protect the amenities of the occupiers of nearby properties. 8. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. 9. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 10. 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. 11. To ensure that adequate visibility is provided at the proposed point of access to the highway. 12. 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. 13. In the interests of highway safety. 14. 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 Page No 35

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

Planning Authority. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. To protect the amenities of the occupiers of nearby properties.

NOTE(S) TO APPLICANT

The planning conditions attached to the outline planning permission no. P/2011/0754 remain valid and the applicant/ developer is reminded that these conditions should be met accordingly.

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.

If a connection is required to the public sewerage system, the developer is advised to contact Dwr Cymru Welsh Water's Network Development Consultants on 0800 917 2652

Your attention is drawn to Highway Supplementary Notes on the enclosed 'Applicants' Rights and General Information'. ______Page No 36

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

APPLICATION NO: LOCATION: DATE RECEIVED: P/2012 /0687 12 SANDRINGHAM ROAD 05/10/2012 WREXHAM LL11 2RE COMMUNITY: CASE OFFICER: Rhosddu DESCRIPTION: PF REMOVAL OF EXISTING GARAGE AND CONSERVATORY AND WARD: ERECTION OF KITCHEN / GARDEN AGENT NAME: Garden Village ROOM EXTENSION AND CAR PORT BUILDING DESIGN SOLUTIONS APPLICANT(S) NAME: MR G ROBERTS MR S HAMLINGTON

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THE SITE

Footprint of proposed extension

SITE

PROPOSAL

The proposal consists of the demolition of an existing conservatory with a footprint projecting four metres from the rear elevation of the dwelling and the replacement with a more substantial pitched roof extension projecting 5 metres across the entire rear elevation wrapping around the southern Page No 37

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012 elevation the dwelling. The extension would provide an enlarged kitchen and dining area.

HISTORY

P/2002/1106 Bedrooms extension & loft roof addition together with balcony platform for fire escape route. Withdrawn P/2002/1266 Bedroom extension. 10.01.2003

DEVELOPMENT PLAN

The site is within settlement and policies PS2, GDP and T8 refer. Local Planning Guidance Notes 16 – Parking Standards and 20 – House Extensions refer.

CONSULTATIONS

Community Council: Consulted 08.10.2012 Local Member: Notified 08.10.2012 Welsh Water: Note requested regarding the possibility of apparatus crossing the land. Site Notice: Expired 30.10.2012 Other Representations: 9 neighbouring occupiers notified. 4 representations received raising the following points:  The extension will block a large amount of light to and impact the outlook from the side facing kitchen window at no. 10 Sandringham Road and the rear windows at no. 14 Sandringham Road;  The extension would lead to an over development of the site;  Maintenance of the extension (side boundary) would be difficult once completed;  Roof drainage should be maintained;  The proposal should not preclude a similar extension at no. 14 Sandringham Road;  The drawings are not clear in that they do not indicate whether there would be any windows overlooking no. 14 Sandringham Road;  The drawings do not show the difference in height between the existing conservatory and the proposed extension.

SPECIAL CONSIDERATIONS

Amenity: The main issue to consider is the impact of the proposal upon the amenity of the neighbouring occupiers of the site. In terms of the impact upon Page No 38

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012 the occupiers of No. 10 Sandringham Road, the main impacts are the loss of outlook and loss of natural daylight to two side facing kitchen window openings. I acknowledge that the proposed extension would be located adjacent to the boundary, but I have observed that there are three windows serving the affected room and the rear elevation of the room has a French window. I consider that there is sufficient light serving this room as a result of the number of openings and the amenity of the occupiers will not be significantly harmed. The side facing outlook from this room is already restricted and a householder should not rely on an outlook across a boundary.

No. 14 Sandringham Road is the neighbouring attached dwelling. The proposed extension would project 5 metres from the rear elevation which is greater than the 3.5 metre advised projection in LPG20. In this instance I am taking into consideration the presence of the existing conservatory with a projection of 4 metres, the low eaves of the proposed extension at 2.5 metres and the sloping roof pitch away from the boundary and also that the proposal passes the adopted BRE standard daylight test. I do not consider that the proposal will cause significant harm to the amenity of the occupiers of this dwelling which would justify refusing the scheme. I am also satisfied that the proposal would not prevent a similar extension at the neighbour property. A condition preventing the installation of side facing windows in the scheme should be included in any recommendation for approval.

Design: The proposed extension consists of a mass and use of materials which is sympathetic to the character of the existing dwelling with a pitched roof and wrap around extension to the side elevation which features a lean to roof. I am satisfied that the extension does not detrimentally harm the character of the existing dwelling or the wider street scene.

Other matters: The proposed extension would be located wholly within the application site and three off road parking spaces could be provided for motor vehicles. The remaining garden area as a result of the proposal would accord with LPG20. I therefore do not consider that this proposal would result in an overdevelopment of the site. The extension is proposed in close proximity to the boundary of the No. 14 Sandringham Road. A note to applicant would be added to any approval stating that a planning permission does not authorise encroachment on to third party land. Any issue of future maintenance of the extension is a matter for the applicant.

Conclusion: I am satisfied that the proposal accords with council policy and guidance taking into account the design of the scheme and its impact upon the character of the area and the amenity of the neighbouring occupiers. I recommend as follows. Page No 39

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

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. 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 extension facing Nos 10 and 14 Sandringham Road.

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.

NOTE(S) TO APPLICANT

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

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 Page No 40

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012 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

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 Page No 41

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012 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.

You are advised that the planning permission hereby granted does not authorise any building over, diversion, connection or other interference with any sewer, public or private, which crosses the site. You are advised to contact Welsh Water, PO Box 10, Treharris, CF46 6XZ (Tel: 01443 331155) in this regard, prior to undertaking any groundwork in connection with the development. Should you be required to depart from the details hereby approved, you should contact the Council's planning department to seek further advice with regard to the submission of amended plans and / or a new planning application. ______Page No 42

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

APPLICATION NO: LOCATION: DATE RECEIVED: P/2012 /0694 TESCO STORE OXFORD STREET 08/10/2012 CEFN MAWR WREXHAM LL14 3AS COMMUNITY: CASE OFFICER: Cefn DESCRIPTION: KH VARIATION OF CONDITION NO. 13 OF PLANNING PERMISSION WARD: P/2008/1081 TO ALLOW FOR AGENT NAME: Cefn EXTENSION TO PERMITTED DPP DELIVERY AND SERVICING HOURS MRS SHEILA VAQUERIZO APPLICANT(S) NAME: TESCO STORES LTD

______P/2012 /0694 THE SITE

Tesco Store is located to the East of Well Street, Cefn Mawr and its residential and retail uses. The Co-op supermarket is to the immediate North of the site. Residential properties also run along the minor road leading from Well Street to the community car park to the immediate West of the Tesco Store. The railway bounds the site to the East with a football pitch and other recreational uses to the South, with residential properties beyond.

Page No 43

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

Crogen View

Service Yard

PROPOSAL

Condition 13 attached to the original permission for the Store (P/2008/1081) restricted service vehicle movements, including vehicles accessing recycling facilities at the site between the hours of 0700 and 2200 hours on any day. The application seeks to extend delivery and servicing hours to between 0600 hrs and 2300 hrs on any day, though the application has subsequently been revised to retain Sunday servicing at the existing hours of between 0700 – 2200 on a Sunday. No extension is sought to the permitted service hours in respect of the recycling facilities.

HISTORY (most relevant)

P/2008/1081 Erection of Class A1 Retail Store, 253 car parking spaces, link road and ancillary works. Granted 14.4.2009.

DEVELOPMENT PLAN

Within the settlement for Cefn Mawr. Policies PS1 and GDP1 (d) highway safety and (f) amenity, of the Wrexham UDP refer.

CONSULTATIONS

Community Council: Consulted 10.10.12. Local Members: Councillor D Taylor – Permission should only be granted extension of hours to morning 6.00 am Page No 44

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

and evening 11.00 pm Monday to Saturday. Sunday hours should remain as original permission 0700 – 2200 hours. Councillor D Wright – Notified 10.10.12. Highways: No objections. Public Protection: No objections subject to compliance with the Service Area Mitigation Measures documented in the Noise Assessment Report. Other Representations: Three letters of objection on the grounds of:-  Vehicles are already noisy and this in conjunction with the 24 hour opening will compound noise issues;  Additional pollution;  High Street bore the brunt of disruption caused during construction period and in the winter weather mud and water splashed onto the buildings. Residents have now cleaned the buildings but no acknowledgement from Tesco for the disruption;  Lorries passing a resident’s property on High Street causes the building to shake and for this to happen before 7.00 am or after 10.00 pm would be totally unacceptable;  Earlier and later hours will involve increased movements and effect those who live in the direct vicinity and also those further away from the site on the route of Tesco vehicles;  Concern that a 24 hour relaxation could be applied for in the future. Site Notices: (3) Expired – 1.11.2012.

SPECIAL CONSIDERATIONS/ISSUES

A Noise Assessment has been submitted with the application to assess the noise implications of the proposed increase to delivery and service hours, which includes Noise Surveys and a Service Yard Mitigation Plan.

Noise measurements were taken at a single location, to be representative of the closest residential property to the Tesco Service Yard at Crogen View. Noise climate during the proposed additional time periods was established, with the Assessment demonstrating the noise climate at 2200 hrs, when the consented Store must now cease deliveries, is materially the same as at 2300 hrs, the time to which the evening delivery hour extension is sought. Likewise the noise climate at 0600 hours, the time which is sought to commence deliveries, is materially the same as 0700 hrs, the time which the current consent permits deliveries from.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

I concur with the findings of the Assessment that the consistent nature of the existing noise climate is considered to be a positive indication that residential amenity will not be adversely affected by the proposal. Existing noise climate is influenced by the 24 hour nature of the Store.

Other Issues: I would anticipate limited additional light pollution given the existing circumstances. The adjoining highway network and the existing new link road to the Store are lit by street lamps, whilst the Store operates unrestricted hours from Planning with its associated lighting. With regard to increased vibration and mud and water being splashed onto residential properties, the extension of delivery hours is not required for the purposes of receiving additional deliveries at the store and will therefore not result in increased vehicle movements.

Conclusion: I am satisfied that the Noise Assessment is robust and given the existing noise climate with the Store’s opening hours, unrestricted by Planning, I would not anticipate that the two hour increase in times that vehicles can service and deliver to the site, will have any additional significant impact on residential amenity. I am conscious however, that Sunday opening hours are generally restricted and I am in discussion with Tesco over the option of maintaining Sunday delivery / servicing to the existing permitted hours. The applicant has agreed to retain Sunday servicing between 0700 hours and 2200 hours on a Sunday.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. No service vehicles shall arrive or depart, be loaded or unloaded at or from the site outside the hours of 0600 hours and 2300 hours Monday to Saturday and 0700 hours to 2200 hours on Sunday. 2. No service vehicles accessing recycling facilities shall arrive or depart, be loaded or unloaded at or from the site outside the hours of 0700 hours and 2200 hours on any day. 3. The Service Yard Noise Mitigation Plan detailed in Section 5 of the Noise Assessment of a Proposal to extend the permitted delivery hours at the Tesco Store at Cefn Mawr and dated 27 September 2012 shall be fully implemented for the duration of the permitted service hours of the site.

REASON(S)

1. To protect the amenity of nearby properties. 2. To protect amenities of nearby properties. 3. In the interests of nearby residential amenity. ______Page No 46

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

APPLICATION NO: LOCATION: DATE RECEIVED: P/2012 /0705 LINDISFARNE GRANGE ROAD 10/10/2012 BRONINGTON WHITCHURCH SY13 3HL COMMUNITY: CASE OFFICER: Bronington DESCRIPTION: PF LOFT CONVERSION OVER GARAGE AND INTERNAL ALTERATIONS WARD: AGENT NAME: Bronington APPLICANT(S) NAME: MR ANDY HEWITT MR ADRIAN WEBB

______

THE SITE

Proposed dormer

Proposed skylights

PROPOSAL

The proposal is to install a dormer window to the front roof plane of the dwelling to serve a new bedroom. Included within the application is a proposal for the provision of 2 no. skylight windows to serve a further proposed bedroom to the rear roof plane. Page No 47

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

HISTORY

14087 Outline application for erection of Granted 19/8/1987 detached bungalow and construction of new vehicular and pedestrian access 14900 Erection of dormer bungalow Granted 11/3/1988

DEVELOPMENT PLAN

The site is within settlement and policies PS2, GDP1 and T8 refer. Local Planning Guidance Notes 16 – Parking Standards and 20 refer.

CONSULTATIONS

Community Council: Consulted 12.10.2012 Local Member: Notified 12.10.2012 Site Notice: Expired 06.11.2012 Other Representations: Nine neighbouring occupiers notified. One representation received raising the following points:  Existing skylight windows, especially the bathroom which does not have frosted glass, allows a full view into the rooms from the neighbouring dwelling. Another two skylights will compound this problem.

SPECIAL CONSIDERATIONS

Design and amenity: The proposed roof extension to the frontage of the dwelling is designed in a manner to match those that already exist on the property. On this basis, I am satisfied that the works would not cause harm to the character of the dwelling. The dormer is required to provide a window opening to a new bedroom. The separation distances are adequate between the site and the dwelling across the road to the north.

The installation of two skylight windows has been included within the planning documentation, but I consider that these would normally be classed as permitted development. In this instance, whilst there may be an element of overlooking to the property to the south, I do not consider it necessary to request amendments or consider refusing the scheme justifiable as these works could be carried out outside the scope of planning control.

Conclusion: I am satisfied that the visual appearance of the proposed works is considered acceptable and the impact upon the amenity of the neighbouring properties is acceptable within the scope of planning control. I recommend accordingly.

Page No 48

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

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.

REASON(S)

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

NOTE(S) TO APPLICANT

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

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

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.

______Page No 49

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

APPLICATION NO: LOCATION: DATE RECEIVED: P/2012 /0719 OAKSTREAM BOWERS ROAD 16/10/2012 ACREFAIR WREXHAM LL14 3TN COMMUNITY: CASE OFFICER: Cefn DESCRIPTION: MP ERECTION OF TWO BEDROOM BUNGALOW WITH PARKING AREA WARD: FOR A MOBILE TRAILER AND TWO AGENT NAME: Cefn PARKING BAYS MR T MENNELL

APPLICANT(S) NAME: MR W EVANS

______

THE SITE

As above.

Application site

Site occupied by an existing chalet

Acrefair

Page No 50

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

PROPOSAL

The applicant is currently living on site in a static caravan without planning permission. Planning permission is sought for the erection of a 2 bedroom bungalow.

HISTORY

The site history below lists all of the previous attempts by the applicant for residential development or for the siting of residential caravans on this site or the land immediately to the south.

WRDC/5754 Erection of new bungalow with septic tank and site works. Granted 17.12.70 6/11114 Stationing of residential caravan (in retrospect) and septic tank. Refused 27.2.85. Appeal dismissed. 6/17124 Use of land for the storage of two caravans. Refused 4.12.89. Appeal dismissed 26.3.1990 (appeal reference P16/581). 6/22871 Erection of bungalow. Refused 18.11.94 Appeal dismissed 19.10.95 (appeal reference APP/P6030/A/95/508419). 6/23462 Change of use to gypsy caravan site for the stationing of one caravan. Refused 31.7.95 CB 1798 Replacement of existing caravan with new detached bungalow. Refused 10.2.98 P/2000/1157 Siting of caravan for residential purposes (for 5 years). Refused 12.3.01. Appeal dismissed 17.10.01 P/2006/0363 Replacement of mobile home with bungalow. Refused 4.9.06 P/2007/0141 Erection of two bedroom bungalow. Refused 12.3.2007. Appeal dismissed 24.7.2007

DEVELOPMENT PLAN

Outside of settlement limit and within Green Barrier. Policies GDP1, EC1 and H5 apply.

CONSULTATIONS

Community Council: Consulted 18.10.12 Councillor Derek Wright: No observations Councillor David Taylor: The property previously had a building it and the foundations are still present. Planning has been sought in the past and, I believe, granted, but ran out. The family currently live in their mobile home on site and have done so for a considerable amount of time. The property is not in a conservation zone and has other properties nearby. I see no reason why planning should not be given. Page No 51

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

Highways: Recommend refusal due to restricted visibility at site access. Public Protection: Consulted 19.10.12 Welsh Water: As the applicant intends to use a private treatment works advise they contact the Environment Agency. Environment Agency: Low environmental risk. Rights of Way: Consulted 19.10.12 Ramblers Association: Consulted 19.10.12 Site Notice: Expired 14.11.12 Other Representations: None received in response to formal consultation. The application is accompanied by a petition with 20 signatures in support of the development.

SPECIAL CONSIDERATIONS

Gypsy and Traveller Planning Policy: Policy H9 of the UDP confirms that in exceptional circumstances where sites for caravans for individual gypsy/traveller families cannot be accommodated within settlement limits, consideration will be given to other locations subject to compliance with GDP1.

National planning guidance Circular 30/2007 ‘Planning for Gypsy and Traveller Caravan sites’ is more up to date that UDP policy and is a material consideration of considerable weight.

I accept that the applicant is a Traveller and also acknowledge the recognised need for additional sites for Gypsy and Travellers within the County Borough. However I do not consider a proposal to be for Gypsy and Traveller accommodation for the purposes of policy H9 or Circular 30/2007 because both deal with the development of sites for the siting of mobile homes for occupation by Gypsy and Traveller families. Whilst the Circular recognises that a more settled way of life may be beneficial to some Gypsy and Travellers in terms access to health care for example it does not provide any specific guidance about or suggest that the erection of permanent dwellings should be grant permission to facilitate this.

I appreciate many Travellers live in chalets that are not moved regularly but chalets are mobile homes designed to be easily moved when required and do not have the same degree of permanence as a dwelling. The impact of a permanent dwelling will be indistinguishable from one occupied by a member of the settled community and will continue long after it is no longer required by the applicant or his family.

Even if the development were considered as Gypsy and Traveller accommodation I do not believe it would accord with guidance provided by the Circular. The application site is located within a Green Barrier and whilst the Circular indicates that rural sites and/or rural exception sites may be acceptable it also advises that Gypsy and Traveller Caravan sites are likely to Page No 52

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012 be inappropriate forms of development in Green Barriers. In any case to qualify as an exception site it would need to be located on land within or adjacent to existing rural settlements which would not otherwise be released for development. The site is located some 250m to the north of the settlement limit of Acrefair with only sparse development in between.

I have taken into account the fact that the applicant’s son occupies a chalet on land immediately to the south but the intensification in use of an established the site together with the degree permanence of the proposed dwelling will harm the openness of the Green Barrier.

Planning Policy for Dwellings: The UDP imposes strict controls over the erection of new dwellings in the countryside and remains consistent with the more up to date Planning Policy Wales in this regard.

UDP policies only permit the erection of new dwellings outside of defined settlement limits in the following cases:

i) Infill development in a small gap in a well developed frontage (policy H5 refers); ii) The erection of a dwelling to accommodate a rural worker where on-site accommodation is essential to the management of a rural enterprise such as a farm or forestry business (policy H5 refers); iii) Rural exception sites for affordable housing on the edge of rural settlements (policy H8 refers) iv) The replacement of an existing dwelling (policy H10 refers)

The site does not form part of a well developed frontage so cannot be considered an infill plot nor is there any suggestion that the development is essential to the management of a rural enterprise.

To accord with Technical Advice Note 2 and policy H8 rural exception sites should be within or adjoin rural settlements and be for affordable housing. As already noted above the site is around 250 metres from the settlement limit of Acrefair so cannot be considered a rural exception site. TAN2 and Policy H8 also require there to be secure mechanisms to ensure the affordability of dwellings built on rural exception sites in the long term. No such mechanism has been proposed.

Policy H10 permits replacement dwellings but only in cases where there is an existing dwelling that is habitable or capable of being made habitable without extensive rebuilding works. Although the proposed dwelling would partly occupy an area where the footings of a previous dwelling remain that dwelling was destroyed by fire many years ago. The proposals would therefore not accord with policy H10.

Planning permission was granted for new dwelling in 1970 however the circumstances under which permission was granted were entirely different to Page No 53

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012 those that apply today. The now destroyed dwelling was still extant and, by all accounts, occupied when planning permission was granted.

A supporting statement suggests the development will blend in with its surrounds but this ignores the fact that the purpose of Green Barrier designations is to maintain the openness of land by keeping it free of built development. A new dwelling will inevitably conflict with that objective. Planning Policy Wales also specifically advises that the fact a single house on a particular site would be unobtrusive is not, by itself, a good argument in favour of permission; such permissions could be granted too often, to the overall detriment of the character of an area.

Personal circumstances: The supporting statement cites the following personal circumstances in support of the development:

i) the applicant and his wife lived with their son in the adjacent chalet until 6 months ago but moved out due to overcrowding and the impact this was having upon their health; ii) the applicant and his wife are in their late 60’s and feel too old to continue travelling; iii) the applicant and his wife want to live close to their family and their friends and to settle in the local community; iv) mobile homes and the use of any associated outdoor health blocks no longer meet their health needs.

Whilst I fully sympathise with the above personal circumstances rarely outweigh other material planning considerations and I can find nothing exceptional in this case to justify a departure from policy. Indeed I believe supporting the application for the reasons listed above would make it more difficult to resist further residential development elsewhere in the open countryside. I appreciate the applicant’s desire to live in a permanent dwelling, to be near family and friends and to be part of the local community but I am not convinced these objectives can only be met by living on the site as opposed to seeking other accommodation in Acrefair.

In making a decision that will clearly have an impact on the appellants’ Human Rights it is necessary to consider whether the impact on their private and family life would be proportionate to the harm caused to the environment. In this instance I believe that the harm to the environment resulting from a new permanent dwelling would be sufficient to outweigh the impact on the occupiers’ rights and accordingly is consistent with Article 8 of the European Convention on Human Rights.

Highways: Visibility splays of 2.4m x 43m in both directions should be provided for the access. Subject to the reduction in height of an existing boundary wall it is possible to achieve visibility to the north of the access. Visibility to the south is only 2.4m x 18m and whilst the splay crosses land occupied by the applicant’s son it is unclear whether the applicant has or can gain control over the land in order to provide and maintain the visibility splay. Page No 54

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

I have asked the agent to for further information about the ownership status of the land to the south.

Conclusion: The development lies outside of a defined settlement limit, will harm the openness of the Green Barrier and accordingly does not accord with adopted UDP policies.

RECOMMENDATION: That permission be REFUSED

REASON(S)

1. The site is outside any settlement limits as defined in the Wrexham Unitary Development Plan and in the absence of evidence to demonstrate that it is essential for someone to live on the site for a purpose related to rural enterprise the development conflicts with Policies PS1 and H5 of the Wrexham Unitary Development Plan. 2. The development will harm the openness of a designated Green Barrier and therefore conflicts with Policy EC1 of the Unitary Development Plan. ______Page No 55

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

APPLICATION NO: LOCATION: DATE RECEIVED: P/2012 /0722 MCDONALDS CHIRK PARK CHIRK 16/10/2012 WREXHAM LL14 5AZ COMMUNITY: CASE OFFICER: Chirk DESCRIPTION: SEH ERECTION OF 9 LIGHTING COLUMNS IN CAR PARK WARD: AGENT NAME: Chirk North APPLICANT(S) NAME: AEW ARCHITECTS MCDONALDS RESTAURANTS LTD MISS REBECCA DENNIS

______

THE SITE

Area to be illuminated

PROPOSAL

As above. Page No 56

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

HISTORY

CB 2752 Erection of petrol filling station and Granted 16/4/1999 fast food restaurant CB 3054 Display of internally illuminated pole Consent 14/6/1999 mounted sign (7m high pole) CB 3715 Display of signs Granted 26/11/1999 CB 3716 Display of signs Granted 26/11/1999 P/2005/1376 Display of free-standing illuminated pole sign (2m in height) P/2007/0938 Installation of automated teller Granted 19/9/2007 machine and enclosure (in retrospect) P/2010/0597 Raising of pole sign by 2m,adding 24 Granted 7/9/2010 hour appendage and replacement of golden arch with flat faced panel P/2010/0603 Extensions and alterations Granted 9/9/2010 P/2010/0604 New signage Granted 8/9/2010 P/2011/0763 Provision of additional ‘drive through’ Granted 5/12/2011 lane ,construction of five additional car parking spaces and re- organisation of access road around periphery of car park P/2011/0764 Display of three new signs, relocation Granted 5/12/2011 of two existing signs and erection of new height restrictor(Gateway sign)

DEVELOPMENT PLAN

Outside of settlement limit. UDP Policies PS2 and GDP1 apply. The Institution of Lighting Engineers ‘Guidance Notes For The Reduction Of Obtrusive Light’ 2005 is also relevant.

CONSULTATIONS

Community Council: No objection. Local Member: Notified 19/10/2012 Highways: No objection subject to recommended conditions. Public Protection: The surrounding area associated with the proposed development site is of "low district brightness" as described in Code E2 of the Institute of Light Engineers Guidance Document. It will be necessary to control sky glow and light trespass (into windows) in order to protect the area from adverse lighting impact. Site Notice: Expired 12/11/2012 Page No 57

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

Other Representations: Two letters of objection received raising concerns relating to the potential for light pollution and the negative impact this would have upon the residential amenity of the occupiers of the nearby dwellings.

SPECIAL CONSIDERATIONS/ISSUES

Background: The proposal is for the siting and use of 9. floodlights on 5 metre high columns to illuminate the recently extended customer/staff car park. The main issues to consider relate to the impact of the development upon the visual amenities of the area, and upon local residential amenity.

Residential and Visual Amenity: The site is at its closest point 120 metres away from the nearest residential property. The nearest floodlight is a further 5 metres away. The lux of the lighting at source is an average of 28 dropping to 1 lux at the boundary of the car park. A light contour plan has been submitted to verify the extent of light spillage, and the intensity of illumination is within the recommended guidelines for a rural area, and the proposed lighting will not result in light pollution. As such the residential properties, which are between 120 m and 200 m away, would not be negatively affected by excessive light spill.

It is recognised that the resulting sky glow can have a negative impact upon the appearance of an area, and the cumulative effect of such lighting can lead to the brightening of the night sky. The applicant has proposed to switch off the light between the hours of 11pm and dawn, and conditions securing this curfew will be attached to any permission.

Conclusion: I am satisfied that there will be no significant loss of residential amenity and that the proposal accords with local policy. The proposal will not be to the detriment of the appearance of the area 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. The floodlights hereby approved shall not be illuminated except between Dawn and 2300 hours on any day. An automatic timer shall be fitted to ensure the lights are switched off outside the approved times. 3. Lighting levels from the floodlights hereby approved shall not exceed 1 Lux at the site boundary. 4. The maximum amount of light into any window of a habitable part of any neighbouring residential property shall not exceed 10 EV (vertical luminance in LUX) whilst the floodlighting is in operation. 5. The development shall only be carried out in strict accordance with the Page No 58

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012 details shown on the approved drawing numbered D20751/PY/A and contained within the application documentation.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. In the interests of the visual amenities of the area and 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. 5. To ensure that the development fully complies with the appropriate policies and standards.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

APPLICATION NO: LOCATION: DATE RECEIVED: P/2012 /0723 43 GROESFAN PEN Y CAE 18/10/2012 WREXHAM LL14 2RP COMMUNITY: CASE OFFICER: Penycae DESCRIPTION: PF ERECTION OF WOODEN PANEL FENCE (IN RETROSPECT) WARD: AGENT NAME: Penycae & Ruabon APPLICANT(S) NAME: MR MARTIN THOMAS South MR MARTIN THOMAS

______

THE SITE

42

Fence referred to

PROPOSAL

The proposal is made in retrospect for the erection of a close boarded fence along the front boundary of Nos. 43 and 42 Groesfan. The fence has been erected on the boundary of no 43 Groesfan.

Page No 60

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

HISTORY

None.

DEVELOPMENT PLAN

The site is within settlement. Policies PS2, GDP1 and T8 refer.

CONSULTATIONS

Community Council: Consulted 19.10.2012 Local Member: Notified 19.10.2012 Highways: No recommendations Welsh Water: Welsh Water apparatus crosses the site. Site Notice: Expired 15.11.2012 Other Representations: 2 neighbouring occupiers notified. 5 responses received raising the following points:  The fence is an eyesore;  The original fence was satisfactory;  The fence may cause pedestrian visibility problems;  The fence causes a loss of natural daylight to the neighbouring dwelling due to its height;  The fence does not cause any loss of light to the neighbouring dwelling;  It is good that householders are seeking to improve properties;  The fence will prevent the householder’s dog from jumping over the fence;  The fence does not cause an obstruction or block views;

SPECIAL CONSIDERATIONS

Visual Impact: The application site consists of a semi detached dwelling with a front garden of approximately 4.3 metres between the front elevation and the highway boundary. The front garden boundary consists of a dwarf brick wall of approximately 0.7m in height which stretches across the application site boundary and that of No. 42 Groesfan. Within the boundary of No. 42 Groesfan are two evergreen shrubs which are at the same height as the fence subject to this application.

It is worth noting that householders benefit from permitted development rights to allow the erection of any means of enclosure up to 2 metres in height without the need for planning permission. Where an enclosure adjoins a highway used by vehicles this limit is reduced to 1 metre. Whilst there is no defined distance in law from a highway boundary when determining whether an enclosure adjoins a highway, a figure of 1.5metres is usually used. In this Page No 61

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012 instance as the enclosure is below 2 metres in height, only a small area adjacent to the highway boundary is considered subject to planning control.

Notwithstanding the above, I consider that the proposed enclosure when viewed in the context of the existing frontage boundary wall and the boundary planting does not cause a detriment to the character of the streetscene. The uniform, well constructed wooden appearance of the panels is not considered to detract from the character of the streetscene. A picture of the enclosure is shown below.

Fence referred to

View of enclosure from highway frontage of No. 42 Groesfan

Amenity and highway safety: As mentioned above, the section of the enclosure adjacent to the dwelling facia is permitted development. However, the top of the wooden panel is marginally higher than the midpoint of the window. I do not consider that the structure is causing a detrimental loss of daylight. Whilst the outlook for the neighbour may have changed, I do not consider that this is detrimental to their living standards and there is no right to any particular view from a window.

The enclosure is centrally located between the pedestrian and vehicular access points of both properties. I am satisfied that the structure does not impede vehicular and pedestrian visibility and therefore does not impact upon highway safety.

Conclusion: I am satisfied that the proposed enclosure is satisfactory in terms of its visual impact and highway safety. I recommend accordingly.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

RECOMMENDATION: That permission be GRANTED

NOTE(S) TO APPLICANT

You are advised that the planning permission hereby granted does not authorise any building over, diversion, connection or other interference with any sewer, public or private, which crosses the site. You are advised to contact Welsh Water, PO Box 10, Treharris, CF46 6XZ (Tel: 01443 331155) in this regard, prior to undertaking any groundwork in connection with the development. Should you be required to depart from the details hereby approved, you should contact the Council's planning department to seek further advice with regard to the submission of amended plans and / or a new planning application. ______Page No 63

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

APPLICATION NO: LOCATION: DATE RECEIVED: P/2012 /0730 CHURCH COTTAGE 16 HIGH 22/10/2012 STREET OVERTON WREXHAM LL13 0DT COMMUNITY: CASE OFFICER: Overton DESCRIPTION: MP ERECTION OF DETACHED GARAGE

WARD: APPLICANT(S) NAME: AGENT NAME: Overton MR JAMES GLOVER MR JAMES GLOVER

______

THE SITE

As above.

Approximate position of garage

PROPOSAL

As above.

HISTORY

No relevant history. Page No 64

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

DEVELOPMENT PLAN

Within settlement and Overton Conservation Area. Policies GDP1 and EC7 apply.

CONSULTATIONS

Community Council: Object. Concerned that this is a sensitive location in a prime conservation situation. In principle it is acceptable that a car port is required, also it would relieve some parking on the High Street and improve the look of the same. Would prefer the roof to be a ‘hip roof’ in keeping with other buildings such as the White Horse and the size should be minimised to lower the eaves. We agree with red tile roof in keeping with the area and red brick structure. Do not agree with wood character that is Local Member: Notified 23.10.12 Highways: No objection subject to condition preventing surface water flowing onto the highway. CPAT: The development will be located on a plot which lies within the medieval historic core of Overton. There is a high probability that the construction foundations will encounter preserved medieval and later archaeology. Request condition requiring an archaeologist to be present during development works. Wrexham Civic Society: Notified 23.10.12 Press Notice: Expired 23.11.12 Site Notice: Expired 19.11.12 Other Representations: Nearby occupiers notified

SPECIAL CONSIDERATIONS

Amenity: The development is far enough away from the nearest dwellings that it will not prove overbearing or result in significant loss of light.

Design: I am concerned about the overall height of the structure given its siting within the garden of a Grade II Listed Building and proximity to the boundary with Dark Lane. I am also concerned that the proposed pyramid style roof does not reflect the roof style of buildings elsewhere in the Conservation Area. I have asked for amended plans to reduce the overall height of the garage and to substitute the pyramid roof for a hipped roof.

I note the Community Council are concerned that the elevations of the building will be clad in timber. Whilst timber cladding is not a common feature of buildings within the Conservation Area I believe this material will help define Page No 65

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012 the building as an outbuilding that is clearly subsidiary to Church Cottage. In any case the site is bounded by a wall and fence with a combined height of approximately 1.8 metres. Only the upper part of the elevations will be easily visible from outside of the site ensuring the timber cladding will not be particularly prominent.

Conclusion: Subject to the amendments referred to above I am satisfied that the overall size, proportions and appearance of the building will be appropriate for its location and will preserve both the setting of Church Cottage as well as the character of the wider Conservation Area.

RECOMMENDATION A

The Head of Community Wellbeing and Development be given delegated authority to Grant planning permission upon the expiry of the publicity period (5 December 2012) provided the required amended plans have been submitted and no further issues are raised subject to 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. No development / works shall commence until the applicant has secured the maintenance of an on-site watching brief by a suitably qualified archaeologist during construction works in accordance with details which have been submitted to and approved in writing by the Local Planning Authority. In the event of the discovery of important archaeological features outside of the scope of the watching brief, all works shall cease until otherwise advised in writing by the Local Planning Authority. 3. 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.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. The site contains archaeological remains which it is essential should be protected from damage. 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.

NOTE(S) TO APPLICANT

You should ensure that any difference between the plans approved under the Town and Country Planning Acts and under the Building Regulations is resolved prior to commencement of development, by formal submission of amended plans. Page No 66

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

The details required by condition 03 shall include details of the finish of the timber featheredge boarding.

RECOMMENDATION B

The Head of Community Wellbeing and Development be given delegated authority to Refuse planning permission should amended plans fail to be submitted or if the amended plans are unacceptable for the following reason:

1 The development will be overly prominent and by reason of its design it will have a detrimental impact upon the appearance of the site, the setting of a Grade II Listed Building and the Overton Conservation Area. The development does not accord with policies GDP1, EC7 and EC9 of the Wrexham Unitary Development Plan.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

APPLICATION NO: LOCATION: DATE RECEIVED: P/2012 /0732 3 TO 8 CRAIGLE PONCIAU 22/10/2012 WREXHAM LL14 1EE COMMUNITY: CASE OFFICER: Rhos DESCRIPTION: PF EXTENSION TO EXISTING CAR PARK AREA / TURNING AREA WARD: AGENT NAME: Ponciau APPLICANT(S) NAME: WREXHAM COUNTY WREXHAM COUNTY BOROUGH BOROUGH COUNCIL COUNCIL MR ANDREW BERRY

______

THE SITE

Proposed parking

PROPOSAL

The proposal is to make alterations to the existing turning head at the top of Craigle to provide 6 formal parking spaces.

Page No 68

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

HISTORY

None.

DEVELOPMENT PLAN

The site is within settlement. Policies PS2, GDP1 and T8 refer.

CONSULTATIONS

Community Council: Consulted on amended plans 14.11.2012 Local Members: Cllr P. Pemberton – No observations 24.10.2012. Renotified of amended plans 14.11.2012 Site notice: Expired 15.11.2012 Highways: No recommendations Other representations: 11 neighbouring occupiers notified. 1 representation received fully supporting the proposal and 1 representation received raising the following points:  There is no need for any alterations as residents park their cars safely;  There is no need for a turning area as this results in less space;  There are six residents with cars and only 5 spaces proposed;

SPECIAL CONSIDERATIONS

Visual impact: The proposal seeks to formalise the existing arrangements allowing cars to be parked in a dedicated space without blocking the turning area at the head of the road. Matching surface materials to those already in place are proposed and whilst a small amount of grass verge would be removed, there is a verge to be retained at the junction of Johnson Street and Craigle. Many of the properties have open fronted gardens. I do not consider that the works will cause significant harm to the visual amenity of this area.

Highway safety: I am aware that the turning head is used as parking area rendering it impossible on occasions for vehicles to leave Craigle without reversing onto Johnson Street. Amended plans have been received increasing the original 5 spaces to 6, although this was not a requirement of the planning department. I consider that the works will result in a significant improvement to highway safety.

Conclusion: I am satisfied that the works will not harm the character of the streetscene and are a significant improvement to highway safety. Page No 69

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

RECOMMENDATION

That Wrexham County Borough Council Resolves in accordance with Regulation 3 of the Town and Country Planning General Regulations 1992 that planning permission be Granted subject to any conditions specified below:

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. ______Page No 70

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

APPLICATION NO: LOCATION: DATE RECEIVED: P/2012 /0734 9 WESTMINSTER DRIVE 23/10/2012 WREXHAM LL12 7AT COMMUNITY: CASE OFFICER: Acton DESCRIPTION: SEH RELOCATION OF PREVIOUSLY APPROVED DOUBLE GARAGE WARD: AGENT NAME: Maesydre APPLICANT(S) NAME: BLUEPRINT MR CARL PEARSON MR DAFYDD EDWARDS

______

THE SITE

Proposed Garage

Extension previously approved (P/2012/0321)

PROPOSAL

As above.

Page No 71

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

HISTORY

CB 211 Conservatory extension (in Granted 26/6/1996 retrospect) P/2012/0032 Extension and replacement Withdrawn 20/2/2012 double garage P/2012/0321 Extension and double garage to Granted 11/6/2012 rear of dwelling

DEVELOPMENT PLAN

The site is within settlement. UDP Policies PS2 and GDP1 apply. Local Planning Guidance Notes Nos. 20 – House Extensions and 21 – Space around Dwellings are also relevant.

CONSULTATIONS

Community Council: Consulted 25/10/2012 Local Member: Notified 25/10/2012 Site Notice: Expired 16/10/2012 Other Representations: One letter of objection received raising the following:  Garage is being brought closer to the boundary with the property;  The garage will be within 1 metre of the boundary;  Building a unsightly vertical rear elevation gable end to support the pitched roof which will cause over-shadowing;  Garage will be increased in length.

SPECIAL CONSIDERATIONS

Background: Planning permission for a single storey rear extension and replacement detached garage was granted earlier this year (P/2012/0321). Whilst no changes to the previously approved extension are required, the applicant now seeks to amend the location of the previously approved garage. The main issues to consider relate to the impact of the proposed location of the garage upon local residential and visual amenity.

Design and residential amenity: The replacement garage is of standard construction using materials to match the principal dwelling. The garage is the same dimensions as previously approved, and measures approximately 5.5 metres in length by 5.3 metres in width, with a ridge height of 4.5 metres. Although the garage will be relocated to within 1 metre from the boundary with the adjacent property to the rear, it will be located in excess of 15 metres away from the dwelling itself. The scale and design of the garage is such that there would be no significant loss of light to, or restriction of outlook from the Page No 72

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012 surrounding properties, and the proposed garage would not have a dominant impact upon the visual amenities of the area.

Conclusion: I consider the relocated garage to be acceptable in terms of scale and design, and there would be no significant impact upon local visual or residential amenity. The development is in accordance with the Council’s adopted policies and guidance 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 facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation. 3. With the exception of those shown on the approved plan and 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 any elevation of the building.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To protect the amenities of the occupiers of nearby properties. ______Page No 73

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

APPLICATION NO: LOCATION: DATE RECEIVED: P/2012 /0771 VACANT PLOT OF LAND LAND 31/10/2012 SOUTH OF UNIT 54 CLYWEDOG ROAD SOUTH WREXHAM COMMUNITY: INDUSTRIAL ESTATE WREXHAM CASE OFFICER: Abenbury LL13 9XN MP

DESCRIPTION: WARD: ERECTION OF B2/B8 INDUSTRIAL AGENT NAME: Holt BUILDING AND ASSOCIATED SITE C4 CONSULTING INFRASTRUCTURE (AMENDMENT MR TOMMY TAYLOR TO DEVELOPMENT GRANTED PLANNING PERMISSION UNDER CODE NO. P/2011/0131) - PARTLY IN RETROSPECT

APPLICANT(S) NAME: TENSION CONTROL BOLTS ______

THE SITE

As above.

Area and building subject to permission P/2011/0131

Building subject to this application

Page No 74

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

PROPOSAL

As above.

HISTORY

P/2011/0131 Erection of 2 no. industrial buildings for office, industrial and warehouse use (use classes b1, b2 and b8). Granted 16.6.11

DEVELOPMENT PLAN

Within settlement limit. Site specifically allocated for employment use in UDP. Policies GDP1, E1, T8 and EC6 apply.

CONSULTATIONS

Community Council: Object. Concerned that the new proposed height of the building will impact on surrounding houses. Also unconvinced the landscaping proposals will sufficiently reduce the visual impact of the building. There are also concerns about noise and lighting. Local Member: Notified 6.11.12 Highways: Provided the applicant can demonstrate adequate provision of parking, recommend permission be granted subject to conditions. Public Protection: Consulted 6.11.12 Welsh Water: Consulted 6.11.12 Environment Agency: Consulted 6.11.12 CCW: Consulted 6.11.12 Press Notice: Expires 7.12.12 Site Notice: Expired 29.11.12 Other Representations: Nearby occupiers notified 8.11.12

SPECIAL CONSIDERATIONS

Background: Planning permission for two industrial units was granted last year (see site history), one at the northern end of the site, the other at the southern end. Parking and servicing areas together with an access road are proposed for the area in between. Around 40% of the site area is to be set aside and managed as a wildlife habitat area.

The applicant has amended the design of the southern building necessitating the submission of this planning application. The building is already at an advanced of construction and the applicant has been made aware of the risk of proceeding with the amended plans in advance of this application being determined.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

Policy: The site is specifically allocated for employment use and has already has planning permission for a similar development so there is no policy objection to the principle of development.

Economic Benefit: The development is the first phase of a significant investment in the Wrexham Industrial Estate. It will bring jobs to the County Borough and therefore be of considerable benefit to the local economy.

Siting and Design: The differences between the building original granted permission and the one subject to this application are set out in the table below:

Original Amendment Length (External) 90m 89m Width (External) 21m 24m Height (to lowest 4.4m 10m part of roof) Height (to highest 6.7m 10m part of roof) Roof Design Mono pitch Flat roof

The height of the building will not exceed that of the as yet un-built northern building and it is is also slightly further from the eastern (highway) boundary than the one granted permission in 2011.

The Council has no policy or guidance that imposes specific requirements in respect of the size and design of buildings on the industrial estate beyond compliance with policy GDP1. Despite the differences from building previously granted permission its overall form, size and appearance of the reflects development found elsewhere on the industrial estate.

The landscaping arrangements for the site are similar to those proposed for the previously approved scheme. I do not consider it necessary to require any additional landscaping works.

Access and parking: The access arrangements are those approved as part of the previous scheme and adequately caters for vehicles, pedestrian and cyclists.

The development will also provide sufficient space to cater for the loading/unloading and turning of service vehicles as well as space for staff/visitor parking.

Amenity: The site is sufficiently distant (nearly 200m) from the nearest residential property to ensure it will not have a significant impact upon amenity even taking into account its additional height. The building is no closer to the nearest dwelling than the one granted permission in 2011.

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REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

A noise condition was attached to the previous permission and I will attach the same condition to this development.

The provision of lighting within the site is outside of the scope of planning control. However the site is within an industrial estate and is bounded by other industrial premises as well as one of the main roads through the industrial estate. Taking these factors into account I consider it unlikely the scheme will significantly increase light pollution.

Ecology: The site is located in an area where there are known records of great crested newts. The previous planning permission was granted following the submission of proposals for the creation of a habitat area and is subject to conditions requiring the setting out of this area and its long term management. Some minor changes to this are needed to accommodate a surface water drainage balancing pond but otherwise the habitat management proposals for this development are largely the same as those previously agreed.

The timetable for the delivery of the habitat area and proposals for its long term management have yet to be finalised however I am expecting submissions to made shortly to address these matters.

Subject to the implementation of the habitat provision and its retention/management I am satisfied the development will not impact upon the favourable conservation status of GCN. Appropriate conditions will be attached.

Conclusion: This is an important investment in the economy of the County Borough that accords with adopted development plan policies.

RECOMMENDATION

That the Head of Community Wellbeing and Development is given delegated authority to Grant planning permission:

a) upon the expiry of the publicity period (7 December 2012) provided no new issues are raised; and b) subject to the following conditions; and c) any additional conditions as may be necessary following the submission of the additional / revised proposals for the creation and management of a habitat area and provision of a surface water balancing pond.

CONDITION(S)

1. No facing or roofing materials shall be used other than those detailed on the application form and within the approved application documentation. 2. 2. The development shall be carried out in accordance with approved drawings nos. 10/036/2/PL03 Proposed Site Layout, 10/036/2/PL04, Proposed GA Floor Plan and 10/036/2/PL05 Proposed Elevations. Page No 77

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

3. Each new non-residential building hereby permitted shall be constructed to achieve a minimum [Building Research Establishment Environmental Assessment Method (BREEAM)] overall 'Very Good' standard and achieve the mandatory credits for 'Excellent' under issue Ene1 - Reduction of CO2 Emissions (or subsequent equivalent quality assured scheme) in accordance with the requirements of BREEAM 2008. The development shall be carried out entirely in accordance with the approved assessment and certification. 4. Within one month of the date of this decision an 'Interim Certificate' shall be submitted to the Local Planning Authority, certifying that a minimum BREEAM overall 'Very Good' standard and the mandatory credits for 'Excellent' under issue 'Ene1 - Reduction of CO2 Emissions' (or subsequent equivalent quality assured scheme) has been achieved for that building in accordance with the requirements of BREEAM 2008. 5. Prior to the occupation of the individual building hereby permitted, a 'Final Certificate' shall be submitted to the Local Planning Authority, certifying that a minimum BREEAM overall 'Very Good' standard and the mandatory credits for 'Excellent' under issue 'Ene1 - Reduction of CO2 Emissions' (or subsequent equivalent quality assured scheme) has been achieved for that building in accordance with the requirements of BREEAM 2008. 6. All development shall cease and all equipment, plant and materials brought onto the site shall be removed within 6 months of the failure to meet the requirements of condition 07. Development shall thereafter only be resumed one the details required by parts a)-c) of condition 07 have been submitted to and approved in writing by the Local Planning Authority. The habitat enhancement works shall thereafter be implemented, managed and monitored in accordance with the details as approved. 7. Within one month of the date of this permission the following have been submitted to and approved in writing by the local planning authority: a) a timetable for the delivery of habitat enhancement measures shown on the Habitat Management Plan drawing no. 10/036/PL/03 and described in the Wildlife and Habitat Management Plan; and b) details of the mechanism that will be used to secure the management and maintenance of the habitat in perpetuity; and c) a long term management and monitoring program for the habitat area, including auditing to ensure compliance with the management plan. The habitat enhancement works shall thereafter be implemented, managed and monitored in accordance with the details as approved. 8. No land drainage run-off or surface water shall be permitted to discharge or connect to the public sewerage system, either directly or indirectly, and foul and surface water shall be drained separately from the site. 9. No part of the development shall be occupied/brought into use until the sustainable drainage scheme for the site has been completed in accordance with on drawing CL(52)100 Revision P1 and the Tier Consult Surface Water Calculations and made operational. The sustainable drainage scheme shall thereafter be managed and maintained in an operational condition by/one behalf of the occupier(s) of the site. 10. Within three months of commencement of the date of this decision, full details of a hard and soft landscaping scheme for all areas of between the Page No 78

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012 south-east facing elevation buildings hereby granted permission and Clywedog Road South together with a timescale for implementation of works shall be submitted to and approved in writing by the Local Planning Authority. 11. The landscaping scheme submitted and approved in connection with condition no. 13 shall be fully implemented in all respects within the agreed timescale and in strict accordance with the approved scheme. 12. The level of noise emitted from the site shall not exceed the following noise limits at any point beyond the site boundary: - 55 dB(A) expressed as a 1 hour Laeq between the hours of 0700 and 1900, inclusive, as measured at the site boundary; - 45 dB(A) expressed as a 1 hour Laeq between the hours of 1900 and 0700, inclusive, as measured at the site boundary. 13. Prior to first use of the development hereby approved the vehicular access shall provide visibility splays of 2.4 metres x 120 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. 14. The vehicular parking and turning areas as shown on approved drawing(s) No(s). 10/036/2/PL/03 Proposed Site Layout shall be fully laid out, surfaced and drained prior to first use of the development. These areas shall thereafter be permanently retained and kept free of any obstruction, and made available solely for the parking and turning of vehicles at all times. 15. Prior to the first use of the development hereby granted permission the site access and 3m wide shared footway/cycle accesses shall be laid out, surfaced and drained in strict accordance with drawing no. 10/036/PL/03 Revision C approved in conjunction with the granting of planning permission reference P/2011/0131 on 16 June 2011. 16. No part of the development shall be used until a 2m wide footway has been constructed along the entire frontage of the site to a standard suitable for Highway adoption. 17. A Final Travel Plan shall be submitted to and approved in writing by the Local Planning Authority following the first anniversary of first use of the development.

REASON(S)

1. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales November 2012) 4. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales November 2012) 5. To comply with the requirements for sustainable buildings published by the Welsh Government (Planning Policy Wales November 2012) 6. To ensure adequate provision is made for the provision and long term Page No 79

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012 retention of the proposed habitat area. 7. To ensure adequate provision is made for the provision and long term retention of the proposed habitat area. 8. To protect the integrity of the public sewerage system and prevent hydraulic overloading of the public sewerage system. To protect the health and safety of existing residents and to ensure no detriment to the environment. 9. To ensure satisfactory drainage of the site and to avoid flooding. 10. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 11. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 12. To protect the amenities of the occupiers of nearby properties. 13. To ensure that adequate visibility is provided at the proposed point of access to the highway. 14. 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. 15. To ensure the formation of a safe and satisfactory access. 16. In the interests of pedestrian safety. 17. To support the Council's approved Integrated Transport Strategy and to reduce dependency on the motor vehicle.

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.

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

The developer will need to enter into an agreement under section 38/278 of the Highways Act so that the new section of road and footway can be adopted for maintenance at public expense. These works will need to be carried out to a standard satisfactory to the Highways Authority before they will be formally adopted. 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 Page No 80

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012 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

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LIST OF DELEGATED DECISIONS ISSUED

BRN P/2011/0480 OXEN PARK WHITCHURCH ROAD ERECTION OF 13.716M X 9.144M STEEL FRAME REFUSED THE CHEQUER WREXHAM SY13 PORTAL BUILDING TO BE USED FOR THE on 30/10/2012 2JQ STORAGE OF HAY AND HAY MAKING EQUIPMENT GWE P/2012/0117 FORMER SITE OF CELTIC ERECTION OF 7 DWELLINGS (AMENDMENT TO GRANTED INDUSTRIAL ESTATE OFF TOP PREVIOUSLY APPROVED SCHEME GWE on 05/11/2012 ROAD SUMMERHILL WREXHAM P/2007/0920) LL11 4SR RUA P/2012/0314 LAND ADJOINING RUABON CHANGE OF USE OF TWO FIELDS (PHASE 1 GRANTED CEMETERY PONT ADAM RUABON AND 2) FOR EXTENSION TO CEMETERY on 25/10/2012 WREXHAM LL14 6DT PEN P/2012/0540 TYDDYN UCHAF WOOD OFF DRYLL CONSTRUCTION OF FORESTRY TRACK GRANTED FARM ROAD PENYCAE WREXHAM on 19/11/2012 LL14 1UG GRE P/2012/0579 PLOT 12 QUARRY BROW MARFORD ERECTION OF TWO DORMER BUNGALOWS AND REFUSED WREXHAM LL12 8SJ CONSTRUCTION OF PRIVATE ACCESS ROAD on 24/10/2012 GRE P/2012/0599 TREWYTHEN HALL VICARAGE FELL FIVE SYCAMORES (S1, S2, S3, S4, S5), GRANTED LANE GRESFORD WREXHAM LL12 FELL ONE CYPRESS (C1), COPPICE FOUR on 02/11/2012 8US PORTUGUESE LAUREL (PL1, PL2, PL3, PL4), SIDE PRUNE ONE IRISH YEW (Y1) BACK FROM FOOTPATH BY 0.5 - 1METRE AND REDUCE 5 METRES FROM MAJOR LEANING LIMB FROM ONE HORSE CHESTNUT (CH1). BRY P/2012/0604 LAND ADJOINING MAYVILLE HOUSE OUTLINE APPLICATION FOR ERECTION OF 1 NO WITHDRAWN FARM LANE TANYFRON WREXHAM DWELLING (PREVIOUSLY GRANTED UNDER on 26/10/2012 LL11 5SF CODE NO P/2006/0525) MIN P/2012/0618 LAND WEST OF EVERSLEY HOUSE OUTLINE APPLICATION FOR RESIDENTIAL REFUSED PEN Y PALMANT ROAD MINERA DEVELOPMENT (3 DWELLINGS) on 25/10/2012 WREXHAM LL11 3YW OVE P/2012/0627 NANT FARM CAE DYAH LANE KITCHEN / DINING ROOM EXTENSIONS AND GRANTED OVERTON WREXHAM LL13 0HR CONVERSION OF OUTBUILDING INTO GUEST on 30/10/2012 ANNEX ACCOMMODATION AND UTILITY ROOM OVE P/2012/0628 40 TO 42 SALOP ROAD OVERTON REMOVE ONE LEYLANDII (T1) AND CROWN GRANTED WREXHAM LL13 0EH RAISE ONE HORSE CHESTNUT (T2) TO A on 02/11/2012 HEIGHT OF 5 METRES WHEN MEASURED FROM GROUND LEVEL, TO BE UNDERTAKEN ANNUALLY FOR A PERIOD OF FIVE YEARS ROS P/2012/0632 TREVALYN COURT CHESTER ROAD LISTED BUILDING CONSENT TO ERECT WITHDRAWN ROSSETT WREXHAM LL12 0HL PARTITION WALL ON FIRST FLOOR on 26/10/2012 BRN P/2012/0633 MILL HOUSE HIGHER WYCH ROAD CHANGE OF USE OF EXISTING VIDEO STUDIO GRANTED WHITEWELL WREXHAM SY14 7JR TO RESIDENTIAL, DEMOLITION OF on 30/10/2012 OUTBUILDINGS AND CONSTRUCTION OF NEW STUDIO / WORKSPACE WRO P/2012/0635 7 DERWEN COURT SONTLEY ROAD EXTENSION AT FIRST FLOOR AND REAR GRANTED WREXHAM LL13 7JA EXTENSION AT GROUND FLOOR on 25/10/2012 WRC P/2012/0640 HAND CAR WASH TESCO STORES CHANGE OF USE OF NINE CAR PARKING GRANTED CRESCENT ROAD WREXHAM LL13 SPACES TO A HAND CAR WASH INCLUDING on 25/10/2012 8HF SITING OF OFFICE AND ERECTION OF CANOPY WRC P/2012/0641 HAND CAR WASH TESCO STORES ERECTION OF 14 NON ILLUMINATED FASCIA GRANTED CRESCENT ROAD WREXHAM LL13 SIGNS on 25/10/2012 8HF LLR P/2012/0644 3 BRON Y GAMLAS TREVOR ERECTION OF SINGLE STOREY LEAN-TO GRANTED WREXHAM LL20 7YQ PLAYROOM WITH ACCESS THROUGH EXISTING on 30/10/2012 GARAGE LGC P/2012/0649 2 TY ISAF OLD ROAD GLYN SINGLE-STOREY SUN ROOM EXTENSION TO GRANTED CEIRIOG LLANGOLLEN LL20 7HW SIDE, TWO-STOREY STAIRWELL EXTENSION TO on 25/10/2012 REAR Page No 82

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

CHI P/2012/0652 89 BRON Y WAUN CHIRK SINGLE STOREY EXTENSION TO SIDE OF GRANTED WREXHAM LL14 5PW DWELLING on 25/10/2012 HOL P/2012/0654 RIDLEY WOOD FARM HOLT ROAD SINGLE-STOREY EXTENSION TO REAR OF GRANTED RIDLEY WOOD WREXHAM LL13 9YA COTTAGE FOR UTILITY ROOM AND SHOWER on 09/11/2012 WITH W.C. GRE P/2012/0656 MARFORD QUARRY ADJ 2 THE PRUNE BACK BRANCHES TO THE BOUNDARY REFUSE/GRANT CONIFERS GRESFORD WREXHAM FROM 3 CONIFER TREES AND 9 DECIDUOUS on 13/11/2012 LL12 8HU TREES ANNUALLY FOR A PERIOD OF FIVE YEARS WRA P/2012/0660 73 NORFOLK ROAD WREXHAM EXTENSION TO EXISTING VICTORIAN STYLE GRANTED LL12 7SB CONSERVATORY on 25/10/2012 RHO P/2012/0661 1 PLAS HAFAN JOHNSTOWN SIDE EXTENSION GRANTED WREXHAM LL14 1RA on 02/11/2012 GRE P/2012/0668 ELMS MEADOW VICARAGE LANE FIRST FLOOR OFFICE EXTENSION AND PORCH GRANTED GRESFORD WREXHAM LL12 8UT WITH INTERNAL ALTERATIONS on 30/10/2012 HOL P/2012/0669 8 MILLFIELD FRANCIS LANE HOLT ERECTION OF CONSERVATORY (IN GRANTED WREXHAM LL13 9WJ RETROSPECT) on 30/10/2012 WRO P/2012/0674 5A HILLBURY ROAD WREXHAM CONSERVATORY TO REAR OF DWELLING GRANTED LL13 7ET on 30/10/2012 RHO P/2012/0675 19 STABLEGATES JOHNSTOWN CROWN REDUCE BY APPROXIMATELY 0.5 GRANTED WREXHAM LL14 2SX METRES TO APPROXIMATE POINTS SHOWN ON on 13/11/2012 SUBMITTED ANNOTATED PHOTOGRAPHS AND CROWN RAISE BY 3 METRES FROM GROUND LEVEL 2 HAWTHORNS (T1 & T2) IN GROUP 2. GRE P/2012/0678 STRODE HOUSE THE GREEN EXTENSION TO DWELLING (IN RETROSPECT) GRANTED GRESFORD WREXHAM LL12 8RG on 16/11/2012 MAR P/2012/0683 LAND AT FIVE FORDS FARM CEFN REMOVAL OF HEDGEROW REFUSED ROAD WREXHAM LL13 0PA on 12/11/2012 WRR P/2012/0685 13 BRYN Y GLYN WREXHAM LL11 DEMOLITION OF EXISTING SINGLE STOREY GRANTED 2HF EXTENSION. CONSTRUCTION OF NEW SINGLE on 12/11/2012 STOREY EXTENSION, REMOVAL OF EXISTING GARAGE AND CONSTRUCTION OF REPLACEMENT GARAGE (PARTLY IN RETROSPECT). LLR P/2012/0690 HAULFRYN STATION ROAD TWO STOREY EXTENSION TO SIDE OF GRANTED TREVOR WREXHAM LL20 7TP PROPERTY TO PROVIDE ENLARGED KITCHEN / on 16/11/2012 DINING AREA, GARAGE AND TWO BEDROOMS AT FIRST FLOOR RUA P/2012/0692 GYM A HOLIC THE OLD POLICE EXTENSION TO EXISTING GYNASIUM GRANTED STATION VINCENT STREET on 12/11/2012 RUABON WREXHAM LL14 6NH MAE P/2012/0693 MAPLE HOUSE 2 THE STABLES ERECTION OF BRICK BUILT GARAGE TO GRANTED CADNEY LANE BETTISFIELD REPLACE EXISTING TIMBER GARAGE on 12/11/2012 WHITCHURCH SY13 2LW GLY P/2012/0696 1 WERNFADOG PONTFADOG DROPPED VEHICULAR FOOTWAY CROSSING GRANTED WREXHAM LL20 7AN ONTO ADOPTED CLASSIFIED B HIGHWAY on 12/11/2012 (B4500) WRA P/2012/0704 53 BOX LANE WREXHAM LL12 8BY SINGLE STOREY REAR EXTENSION GRANTED on 12/11/2012 MAE P/2012/0706 HILL FARM BREADEN HEATH EXTENSION TO EXISTING AGRICULTURAL GRANTED WHITCHURCH SHROPSHIRE SY13 BUILDING on 30/10/2012 2LQ Page No 83

REPORT OF THE HEAD OF COMMUNITY WELLBEING AND DEVELOPMENT – 3 December 2012

WRC P/2012/0708 NEW 2 YOU WREXHAM REUSE SITING OF A STORAGE SHIPPING CONTAINER GRANTED CENTRE UNIT 10 WHITEGATE on 16/11/2012 INDUSTRIAL ESTATE WHITEGATE ROAD WREXHAM LL13 8UG BAN P/2012/0709 4 STATION ROAD BANGOR ON DEE SINGLE STOREY REAR BEDROOM EXTENSION GRANTED WREXHAM LL13 0AB on 16/11/2012 GRE P/2012/0710 HOLMESWOOD VICARAGE LANE PROPOSED UTILITY ROOM EXTENSION TO GRANTED GRESFORD WREXHAM LL12 8US REAR OF GARAGE on 16/11/2012 BRN P/2012/0712 LITTLE GREEN FARM HANMER ERECTION OF OPEN SIDED BARN FOR GRANTED ROAD BRONINGTON WREXHAM STORAGE OF HAY/STRAW on 31/10/2012 SY13 2JW