REPORT of the CHIEF PLANNING OFFICER 5 May 2009

Page No 1

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

Community Code No Applicant Recommendation Page Nos

GWE P/ 2008/0310 MR W J TAYLOR GRANT 2 – 5

HAN P/ 2008/1146 RT HON LORD KENYON GRANT 6 – 16

COE P/ 2008/1253 WALES & WEST GRANT 17 – 27 HOUSING ASSOC WRO P/ 2008/1329 HAWK HOMES LTD GRANT 28 – 33

CHI P/ 2009/0089 J E K V EVANS & SONS REFUSE 34 – 38 MESSRS EVANS ROS P/ 2009/0111 MR J GOULD GRANT 39 – 45

BRN P/ 2009/0127 MR P GODSAL GRANT 46 – 53

BRN P/ 2009/0128 MR P GODSAL GRANT 54 – 59

CEF P/ 2009/0154 MR ALISTAIR BURNETT GRANT 60 – 63

HOL P/ 2009/0159 MR MARK WREN REF/GRANT 64 – 66

ROS P/ 2009/0172 MRS KAREN LOMMANO GRANT 67 – 69

WRO P/ 2009/0184 MR N HUSBANDS GRANT 70 – 74

BRY P/ 2009/0188 MR ADAM SPIBY GRANT 75 – 79

MIN P/ 2009/0201 THE CHURCH IN WALES GRANT 80 – 83

GWE P/ 2009/0202 MR G SPEED GRANT 84 – 88

WRR P/ 2009/0214 DANCING PHOENIX GRANT 89 – 92 CRAFTS MRS DIANE HEARN

WRA P/ 2009/0237 CHERRY HILL GRANT 93 – 95 CHILDRENS DAY NURSERY ABE P/ 2009/0241 MR K TAYLOR GRANT 96 – 98

BRO P/ 2009/0260 MR R JONES GRANT 99 - 100

Total Number of Applications Included in Report: 19

All plans included in this report are reproduced 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 CHIEF PLANNING OFFICER – 5 May 2009 APPLICATION NO: LOCATION: DATE RECEIVED: P/2008 /0310 BUILDERS YARD TO REAR OF 25/03/2008 WILLOW LEA OLD MOLD ROAD GWERSYLLT WREXHAM COMMUNITY: CASE OFFICER: Gwersyllt DESCRIPTION: MP ERECTION OF 4 DETACHED DWELLINGS AND 4 SEMI- WARD: DETACHED DOUBLE GARAGES AGENT NAME: Gwersyllt East & South R KING APPLICANT(S) NAME: MR W J TAYLOR

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THE SITE

As above.

Mold Road

Application site

PROPOSAL

Planning permission was granted for 4 dwellings with garages on this site in 2006 (see history) subject to a number of planning conditions that required the submission of details prior to commencement of development. The applicant proceeded in commencing development (the dwellings are now substantially complete) without having met the planning conditions, thus the works are unauthorised. The dwellings are now complete and ready to be occupied. Page No 3

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 This application seeks to regularise the development by re-applying for permission for the dwellings and also submitting the outstanding details relating to landscaping, ecology and contamination required by the conditions attached to the previous permission. Full details of the garages have also been supplied, although their position is slightly different than previously approved.

HISTORY

P/2005/0970 Erection of 4 no. dwellings with detached garages and parking spaces. Construction of new vehicular and pedestrian access. Granted 4.1.2006

DEVELOPMENT PLAN

Within settlement. Policies GDP1, H2 and T8 apply.

CONSULTATIONS

Community Council: Notified 25/03/2008 Local Member: No observations. Highways: Access and parking arrangements are identical to those previously approved - no recommendations on highway grounds. Public Protection: Have commented on the following issues: Condition requiring first floor glazing to meet specifications outlined in noise report; Contamination issues have now been dealt with. Welsh Water: Recommend drainage conditions. Also require no building to come within 3m of the centreline of the public sewer. CCW: Do not wish to comment on the proposal. Other representations: 6 letters of making the following comments;  joke the application has been sent out as houses are already been built without planning permission;  plans have changed since first application and disappointed since we weren’t notified of changes. Now on the new plans there are garages;  access is not suitable;  surface water drainage – which is causing problems;  concern about conditions on permission that have not been met;  lack of privacy;  width of access road – two vehicles cannot pass making access to existing property difficult and dangerous; Page No 4

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009  upset at steel bollards along pedestrian footpath which were not on the original plans – they are unsightly, not in keeping with the area and will impact on value of property. Site Notice: Expired 21.4.08

SPECIAL CONSIDERATIONS / ISSUES

Siting and design of dwellings: No alterations to the previously approved scheme in respect of the siting and design of the dwellings is proposed. The acoustic double glazing is still to be installed and a condition is suggested to prevent occupation until it is installed.

Boundary treatment and landscaping: The details as submitted are acceptable.

Garages: Full details of the garages have been provided (only siting was previously approved) although they are slightly smaller than originally envisaged. The amendments have been made to take account of the position of a main sewer crossing the site. The position of the garages no longer brings them within 3 metres of a public sewer, in accordance with Welsh Water requirements. The siting and design of the garages is acceptable.

Highways/access: The access arrangements are the same as those approved as part of the previous planning permission and have been completed in accordance with the plans submitted. I note Highways have not made any comments on the current application. Furthermore I am unaware of any material change in circumstance since the previous permission was granted that would alter the access requirements of the site.

Bollards have been installed adjacent to new footpath that has been constructed on the south-side of the site access. The installation of them does not require planning permission (they do not exceed 1 metre in height) and are located on what is effectively a private driveway. I do not consider them harmful to the amenity of the area.

Drainage: The site has been inspected by Building Control officers who have confirmed both foul and surface water drainage systems have been satisfactorily installed.

Contamination: After extensive and protracted discussions with the developer, Public Protection have now confirmed that the contamination issues arising from the previous commercial uses of the site have now been addressed.

Ecology: Ecologists prepared a report for the applicant’s in November 2006. It concludes that the site was of no significant conservation value. CCW have also advised that they do not wish to comment on this proposal.

Conclusion: The development accords with adopted UDP policies. Page No 5

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 P/2008 /0310

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The soft landscaping shown on the approved plans shall be completed during the first planting season (November to March) or seeding season (April to September) from the date of this permission, unless otherwise agreed in writing by the Local Planning Authority. Following the completion of the loft landscaping works, any trees or shrubs removed, dying, being severely diseased within 5 years of planting shall be replaced by trees or shrubs of similar size and species to those originally planted. 2. Foul and surface water discharges shall be drained separately from the site. 3. No surface water or land drainage run-off shall be allowed to connect (either directly or indirectly) to the public sewerage system. 4. The garages hereby granted permission shall be used only for purposes incidental to the use of the 4 dwellings also subject of this permission as single dwelling houses. 5. No dwelling shall be occupied until all first floor windows in the eastern elevations of the dwelling have been fitted with glazing that accords with the recommendations of the acoustic report completed by soundtesting.co.uk Ltd and dated 21 April - 22 April 2008. Such glazing shall be retained and any replacements shall accord strictly with that report.

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 protect the integrity of the public sewerage system. 3. To prevent hydraulic overload of the public sewerage system and pollution of the environment. 4. To ensure that the garage is not used in a manner prejudicial to or likely to cause nuisance to occupiers of nearby properties. 5. In the interests of the amenities of future occupiers of the dwellings. ______Page No 6

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

APPLICATION NO: LOCATION: DATE RECEIVED: P/2008 /1146 HOME FARM BUILDINGS 27/10/2008 GREDINGTON ESTATE HANMER WREXHAM COMMUNITY: CASE OFFICER: Hanmer DESCRIPTION: MP CONVERSION AND DEMOLITION (IN PART) OF EXISTING FARM WARD: BUILDINGS TO CREATE 7 NO. AGENT NAME: Overton DWELLINGS WITH ASSOCIATED STRUTT & PARKER PARKING AND LANDSCAPING. MR N CULKIN

APPLICANT(S) NAME: RT HON LORD KENYON

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THE SITE

A range of traditional agricultural buildings located just off the A539 to the west of Hanmer.

Hanmer A539

Application site Hanmer Mere

PROPOSAL Page No 7

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 Conversion of a large, mainly two storey range of buildings that forms a T shape and fronts onto the highway, into 6 dwellings. A smaller single storey building in the south-west corner of the site will be converted into a 2 bedroom bungalow.

HISTORY

None.

DEVELOPMENT PLAN

Outside settlement limit. Within Hanmer Conservation Area and a Special Landscape Area. Adjoins the Grade II Historic Park and Garden of Gredington Park and the Hanmer Mere RAMSAR site. Policies PS2, GDP1, GDP2, EC5, EC6, EC7, EC8, H3, and T8 apply.

CONSULTATIONS

Community Council: Notified 28.10.08 Local Member: The applicant is the local member Highways: Make the following comments:  Recommends visibility requirements;  Require access to be laid out in accordance with submitted details;  Require footway along the frontage of the site;  2 bus stops to be provided in front of development;  Recommend internal driveway to be widened or passing places provided;  Some amendments to parking provision for one plot required.  Recommend conditions requiring access and footpaths to completed to adoptable standards, bus stops to be completed to acceptable standards, parking provided in accordance with LPG16, turning to be provided and parking/turning areas to be managed by a private management company. Public Protection: Advise they should be contacted if evidence of spillage of spillage agri-chemicals is found on site. Also recommend measures to limit impact of conversion works. CPAT: Buildings appear to be of limited archaeological interest the proposals will affect a building of architectural interest, which while not regionally or nationally important is locally significant. It would be unfortunate if this building were now altered without some form of record of its architectural style and present state being made. Request photographic survey of Page No 8

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 buildings prior to commencement of development. CCW: Make the following comments:  Site is located adjacent to the boundaries of the Hanmer Mere SSSI and Midland Meres and Mosses RAMSAR site. Concerned about the following potential issues in respect of the proposed scheme: surface water discharge and sewage going into the already inadequate village sewage system;  Surface water issues could be addressed by an on-site attenuation system;  Design of proposed septic tank must not have and outfall that discharges into the Mere. This issue will need to be addressed by condition;  Survey submitted confirm presence of bats. Conditions will required to deliver protected species compensation and mitigation.  No objection in principle subject to inclusion of conditions in respect of safeguarding the SSSI/RAMSAR site and bats. Environment Agency: No objection but makes the following comments:  Site immediately adjacent to Hanmer Mere SSSI and advise CCW consulted and the development constructed so as not to cause detriment to water quality or other aspects of the SSSI;  Any works to a watercourse will require consent from the Agency;  Any excavation material or building waste must be disposed of in accordance with the Environmental Protection Act 1990;  Importing waste into the site for use as, e,g, hardcore, must be registered with the EA as an exempt activity under the Environmental Permitting Regulations 2007. Other representations: Nearby occupiers notified 30.10.08 Site Notice: Expired 19.11.09 Press notice: Expired 28.11.09

SPECIAL CONSIDERATIONS / ISSUES

Policy: Policy H3 allows for the conversion of redundant agricultural buildings to dwelling subject to a series of criteria: a) No longer an agricultural need; non-residential uses are inappropriate Page No 9

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 A supporting statement that considers the merits of alternative non-residential uses accompanies the application:

Commercial uses: The supply of employment land in Wrexham on specialised sites means the application site would compare unfavourably to prospective developers due to the costs attributed to requirements for sympathetic conversion schemes.

Industrial: The site is considered unsuitable for residential uses because it could not safely accommodate large vehicles resulting in highway safety issues. The buildings would also require substantial alterations that would harm the aesthetic value.

Light industrial/offices: The site has been marketed for light industrial uses. It appears that this did generate some interest, however none of the prospective tenants pursued matters further. The location, rental costs and size of the building appear to have made the site relatively unattractive. The supporting statement also suggests that the road network would be unsuitable for this kind of use.

Equestrian: Market for this type of property now appears to be oversubscribed leaving little room for new business.

Tourism: Barns are not within an established location for tourism and expected returns could not justify the cost of conversion.

The report concludes that a residential conversion is the most viable and appropriate option.

I am satisfied that alternative uses have been considered and valid reasons given for discounting their viability. The conversion of the buildings to residential use is therefore in accordance with policy. b) The building is structurally sound and will not require extensive re- building

The buildings appear to be in good condition, and this is supported by the Structural Appraisal submitted with the application. The report does identify some repair works that are necessary, however it concludes that the building will not require substantial re-building in order to convert them to dwellings. I am satisfied that the buildings can be converted in accordance with adopted policy. The extent of repair/rebuilding will be restricted by condition with reference to the appraisal c) Any inherent characteristics of merit are retained.

The conversion scheme will require the demolition/removal of a dutch barn type roof from one existing building within the site. This is a relatively modern addition to the building so its removal will not prove harmful to its appearance or the wider conservation area. Page No 10

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

For amenity reasons (see separate section below) the removal of other agricultural buildings associated with the farm complex. The majority of these are sited on an adjoining parcel of land to the south of the application site, although one of the buildings encroaches onto the application site. The buildings consist of a small single storey brick structure, one constructed from concrete, as well as a number of larger steel frame structures. Before commencing demolition works, Conservation Area consent will however be required.

The majority of existing openings will be retained and re-used as doors/windows in a way that is sympathetic to the character of the site. The barns do have some non-original openings that are to be replaced by door/window openings more sympathetic to the original character of the buildings. A small number of openings that have previously been bricked up will also be re-opened. Some minor amendments have been requested and submitted in respect of one of the buildings to ensure the alterations. I am satisfied the final proposals for the whole site are sympathetic to the character of the site and buildings. Full details of the door/window designs will be required by condition. d) The curtilage does not constitute an undesirable intrusion and the proposals do not create access problems

The garden areas will be located within an existing enclosed courtyard area surrounding the buildings and will not intrude into the surrounding countryside or harm the Special Landscape Area. LPG3 advises that soft landscaping within courtyards is not normally appropriate. Given the layout of the site is it inevitable that some soft landscaping within the existing courtyard may be provide to create garden areas/amenity space for dwellings. The size of the garden areas has been kept to a minimum with a substantial area (around 60%) of courtyard being retained for parking/turning. I am satisfied the scheme strikes a reasonable balance between providing private amenity space for future occupiers whilst making modest changes to the character of the site. One of the units has garden spaces below the standards recommended by LPG21 but not to the extent that it would leave future occupiers will have inadequate amenity nor to the extent that it would warrant refusal of the whole scheme.

The development will include access improvements to the site although the scheme as originally submitted would have resulted in an unacceptable intrusion into a field adjoining the site in order to provide a new vehicular access. Revised access details have been submitted that addresses my concerns, however I am waiting for confirmation that these are also acceptable to Highways.

The supporting statement indicates that two bus stops are to be provided in conjunction with the development on either side of the road. Given the location of the site and the distance to essential facilities (such as shops etc), it is likely that future occupiers will still be reliant on the private car. Page No 11

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 Nevertheless the road in front of the property is a bus route and measures to encourage future occupiers to use public transport are to be welcomed. e) The floor plan of the existing building is sufficient to create a habitable dwelling

The buildings are large enough to create the seven dwellings proposed. No new extensions are proposed as part of the proposals.

Outbuildings: LPG3 advises against the provision of new outbuildings and encourages the re-use of existing outbuildings for domestic storage/garaging wherever possible. Whilst there is an existing open fronted lean-to structure adjacent to the southern boundary of the site, it is not suitable to be utilised as a domestic outbuilding nor and in any case, needs to be removed to enable the proposed parking/turning areas to be provided. The building is a modern steel frame structure so its retention is not essential to preserving the character of the site.

A new garage block to provide 6 parking spaces is therefore proposed in the south-eastern corner of the site to replace the existing structure. The building is being designed to accommodate compensatory habitat for bats and its final size/appearance is still being finalised. The garage block has been sympathetically designed to reflect the character of the adjacent buildings.

Amenity: As noted above, There are a number of agricultural buildings on an adjoining parcel of land to the application site that is also owned by the applicant. The amenity of future occupiers of the barns would be adversely affected were the buildings to remain and continue to be used in connection with agricultural. A condition will be attached to prevent occupation of the development until all other agricultural buildings adjacent to the development have been removed.

Conservation Area, Special Landscape Area and Historic Park and Garden of Gredington Park:

I am satisfied that the conversion of the buildings will preserve the character of the Conservation Area.

The proposed conversion scheme and associated garden/parking areas are located within a Special Landscape Area and adjoins the Historic Park and Garden of Gredington Park. The introduction of domestic garden areas in the paddock area in the centre of the application site will be the main change in its existing character. The retention existing boundary walls and/or the erection sympathetic replacements where necessary will limit views of the garden areas from outside of the site and should therefore ensure no adverse impacts upon the Park or Special Landscape Area. Given that externally, the development will not significantly alter the character and appearance of buildings/site I am satisfied that it will not have a significant impact upon the setting of the Park and will conserve the Special Landscape Area. Page No 12

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 Ecology: An ecological survey has been submitted which demonstrated evidence that some of the buildings may be used as a bat roost. The report also notes some evidence of bird nesting in the buildings as well. The applicant is proposing to deliver a mitigation scheme through the provision of compensatory bat habitat within the roof space of the proposed garage bloc. I have consulted CCW on the mitigation proposals and provided they are satisfied the scheme is acceptable, will require its implementation by condition. To ensure that the new habitat is provided before the loss of any of the existing habitat, the garage block will need to be completed before any internal or external works are carried out on the existing buildings.

The site is approximately 200m from Hanmer Mere, a RAMSAR site and I note CCW have requested that the surface and foul water drainage systems should be designed to take account of proximity of the development to this protected site. Surface water drainage can be requested by condition, however it is unlikely that the development will significantly change the amount of surface water draining from the site because the area of impermeable surfaces will not increase (indeed the provision of garden areas may reduce it). With regards to foul drainage, a bio-disc was originally proposed. However following the results of percolation tests, this has now been amended to (below grounds) cesspool tanks. Provided they are managed properly they should mean there will be no foul water from the site entering the Mere. The final details of a comprehensive site drainage scheme will be required by condition.

Contribution to schools: A contribution to schools is required towards the provision of secondary education, as the nearest school (Penley High School) is full. A contribution of £17,856 is required.

Conclusion: Subject additional/revised details discussed above being acceptable to Highways and CCW, then I am satisfied the scheme will accord with adopted UDP policies and will also preserve the character of Hanmer Conservation Area. P/2008 /1146 RECOMMENDATION A

Delegated powers be given to the Chief Planning Officer determine the application upon the submission of additional/amended plans relating to the site access, outbuildings and drainage and subject to confirmation from CCW and Highways that the additional/revised details are acceptable and to the conditions listed below and any others as may be necessary following consultation responses.

RECOMMENDATION B

That the Council enters into an obligation under Section 106 of the Town and Country Planning Act 1990 requiring:-

A financial contribution of £17,856 towards the provision of secondary education. Page No 13

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

The Chief Planning Officer be given delegated authority to settle the final form and content of the obligation.

RECOMMENDATION C

Upon completion of the obligation, planning permission be GRANTED subject to the following conditions and any others that arise from the consultation.

CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission. 2. No facing materials shall be used other than materials matching those used on the existing building. 3. The extent of re-building works shall be strictly limited to those in the Building Appraisal of Home Farm Buildings Gredington undertaken by Strutt & Parker, dated April 2008 and on drawing no. 13. 4. The new site access, footpaths, and bus shelters, as shown on the approved plans, shall be constructed to a highway adoptable standard prior to the first occupation of any of the dwellings hereby granted permission and thereafter retained. 5. The vehicle parking and turning areas indicated on the approved plans shall be laid out, surfaced and drained prior to the first use of the building hereby granted and shall thereafter be retained for those purposes, free of all obstruction. 6. There shall be no internal or external works/alterations made to any of the buildings subject to this permission until the garage block as shown on approved drawing no. 10 Revision D and the associated compensatory bat habitat has been completed. 7. None of the dwellings subject to this permission shall be occupied until all existing agricultural buildings within the site subject to this permission, other than those to be converted, as well as those on the land edged blue on Drawing number 11 have been demolished and all materials arising from the demolition of those buildings completely removed from the land. The land shall thereafter be restored in accordance with details and to a timescale that shall have first been submitted to and approved in writing by the Local Planning Authority. 8. Details of heating / ventilation flues shall be submitted to the Local Planning authority within 1 month of commencement of development and the development shall only be carried out in strict conformity with such details as are thereby approved. 9. All new and replacement rainwater goods shall be cast iron unless otherwise agreed in writing by the Local Planning Authority. 10. This permission shall operate only to allow development to be carried out in accordance with the approved drawings and the application documentation. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no further development shall take place within the site (other than the painting of the buildings). Page No 14

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 11. Development shall not begin until an appropriate photographic survey of the existing buildings on the site has been carried out in accordance with details to be submitted to, and approved by, the Local Planning Authority. The resulting photographs should be deposited with the County Sites and Monuments Record, operated by The Clwyd-Powys Archaeological Trust (7a Church Street, Welshpool, Powys, SY21 7DL. Tel: 01938 553670). 12. Before they are installed on the development, drawings to scale 1:20 fully detailing all new or replacement windows and doors together with specification of rainwater goods shall be approved in writing by the Local Planning Authority. The details shall fully describe the proposed materials, decorative/protective finish(es), cross sections for glazing bars, sills, heads etc, method of opening and glazing type. Works shall only be carried out in strict accordance with such details as are approved. 13. Within 3 months of commencement of development on site, full details of both hard and soft landscape works for the site shall be submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in accordance with a timescale to be approved in conjunction with the scheme of details. 14. Notwithstanding the details shown on approved plans and described in the application documents, no development shall commence until a scheme for the comprehensive and integrated drainage of the site indicating provision for foul water, surface water and land drainage has been submitted to and approved in writing by the local planning authority. Prior to the submission of those details, an assessment shall be carried out into the potential for disposing of surface water by means of sustainable drainage systems (SuDS) in accordance with the principles of sustainable drainage systems set out in Technical Advice Note 15: Development and Flood Risk, and the results of the assessment provided to the local planning authority. Where a SuDS scheme is to be implemented, the submitted details shall: (i) Provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of receiving ground water and/or surface waters; (ii) Specify the responsibilities of each party for the implementation of the SuDS scheme, together with a timetable for that implementation; and, (iii) Provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority of statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. The scheme as approved shall be implemented in accordance with a timescale to be agreed as part of the submitted details and maintained thereafter.

REASON(S)

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 3. To ensure that the development fully complies with the appropriate policies and standards. 4. To ensure that adequate visibility is provided at the proposed point of access to the highway. 5. To provide for the parking of vehicles clear of the highway. 6. In order to protect wildlife interests, which are afforded special protection. 7. In the interests of future occupiers of the dwellings. 8. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 9. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 10. To allow the Council to control any future development to ensure in the interests of protecting character and appearance of the site, the rural landscape and preserving / enhancing the Conservation Area. 11. To ensure that the development fully complies with the appropriate policies and standards. 12. To ensure that the development fully complies with the appropriate policies and standards. 13. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 14. To ensure proper drainage of the site and in the interests of protecting the water quality of the nearby Hanmer Mere SSSI/Midland Meres and Mosses RAMSAR site.

NOTE(S) TO APPLICANT

You are advised that the works required by Condition 5 will require the benefit of Conservation Area Consent prior to them being carried out. Your attention is drawn to Highway Supplementary Notes Numbered 1, 3, 4 and 5 on the enclosed "Applicants' Rights and General Information".

The scheme of landscaping referred to in the above conditions shall include any changes to ground levels (shown by existing and proposed contours/levels) and any existing vegetation (showing that to be retained) and proposed planting. In addition, any of the following which apply to the particular site must be included:- means of enclosure, car parking layout, access and circulation areas, materials for hard surfaced areas, any minor structures (e.g. refuse stores, lamp columns, play equipment) location of services, and any historic landscape features to be retained/improved.

This permission is granted subject to the above conditions. Some conditions may require your attention prior to you carrying out any work on the proposal. These conditions are known as "conditions precedent". You should be aware that it is important that you comply with any "conditions precedent". If you do not, then any work you undertake on the development subject of this permission would not have planning permission. Page No 16

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 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.

If evidence of storage / spillage of agro-chemicals are found in or around the buildings, then it would be prudent to investigate the potential for residual contamination. Should you require any advice on this issue please contact the Council's Housing and Public Protection department on 01978 813724.

The access and footways should be constructed to a standard suitable for adoption by the Council for future maintenance at the public expense. This will require the owner/developer to enter into an agreement with the Council under s38/278 of the Highways Act 1980.

The developer is advised to contact Highways on 01978 297130 with regards to the proposed bus shelters, including the associated raised kerbs and hardstanding. ______Page No 17

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

APPLICATION NO: LOCATION: DATE RECEIVED: P/2008 /1253 SITE OPPOSITE PENYGELLI CP 01/12/2008 SCHOOL HEOL GLYNDWR COEDPOETH WREXHAM COMMUNITY: CASE OFFICER: Coedpoeth DESCRIPTION: SJG RESIDENTIAL DEVELOPMENT CONSISTING OF 5 NO. 5 PERSON 3 WARD: BEDROOM DWELLINGS AND 1 NO. AGENT NAME: Coedpoeth 3 PERSON 2 BEDROOM AINSLEY GOMMON WHEELCHAIR ACCESSIBLE ARCHITECTS BUNGALOW AND CONSTRUCTION MR MAURICE GARNETT OF ACCESS ROAD

APPLICANT(S) NAME: MR PAUL WYATT WALES & WEST HOUSING ASSOCIATION

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UPDATE INFORMATION

As requested at the last meeting I have obtained updated information on the amount of POS in the Coedpoeth Community. Although the information is in draft I am reasonably confident that it reflects an accurate assessment of the current situation.

Playing Pitches: -3.03ha (deficit) Informal Playing Space: 4.45ha (surplus) Outdoor Sport: -7.11ha (deficit) Children's Equipped Playgrounds: - 0.84ha (deficit)

In view of the significant surplus of informal space I am happy to support my original recommendation without change.

My original report follows over the page. Page No 18

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

THE SITE

The site is on the south side of Heol Glyndwr and has an area of 0.35Ha. It is laid out as public open space with newly planted trees and has a footway along the frontage. There is a lay-by opposite the school.

Retained POS

Housing site

A525

Playing fields/play area

PROPOSAL

As above.

The scheme has been revised following officer comments, and the bungalow originally proposed at the eastern end of the site has been relocated.

The development consists of a row of two groups of 3 dwellings, with a bungalow at the western end, served by an access road joining Heol Glyndwr at the west end of the site. The footway/ cycleway is retained, and an area of open space is retained between the properties and Heol Glyndwr. A detailed design statement is supplied, together with a response to issues raised by consultees.

RELEVANT HISTORY

None. Page No 19

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

DEVELOPMENT PLAN

Within settlement limits. Policies GDP1, GDP2 CLF4 CLF5, T8 and H2 of UDP are relevant, together with LPGN 7, 10 16, 21, 24 and 27.

CONSULTATIONS (consultations sent on revised plans 11/3/2009)

Coedpoeth C Council: Object very strongly on grounds of: a. further loss of open space/ children’s playing areas b. additional traffic in a very congested area, especially busy during school dropping off/ collection times c. major construction work will affect safety and environment for schoolchildren d. parking problems will be exacerbated e. Maintain their objections to the revised plans Local Members: Consulted 2/12/2008 Highways: Recommend conditions Public Protection: recommend condition regarding contamination. Comments regarding construction works and drainage Env Agency: Standard advice applies Education: No schools contributions due as primary and secondary schools have sufficient capacity Landscape manager Env Dept.: Objects to the loss of POS without direct replacement in the area Welsh Water: Recommend conditions Site Notices: Expired 29/12/2008 Other representations: Adjoining occupiers notified 4/12/2008 and 28/1/2009. 6 objections received, on grounds of: a. Loss of privacy from overlooking windows in close proximity to boundary and at higher level. Revised plans make situation worse. b. Increased traffic on a very busy road not suitable for extra traffic c. Dangerous access opposite school entrance d. Loss of public open space land used as a safe play area for children Objection received from Headteacher, Penygelli School on grounds of additional building and road access will compound the problem of parking, congestion and risk of accidents at school opening and closing times. Letter supplied from N. Wales police confirming the problems. Page No 20

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

SPECIAL CONSIDERATIONS/ ISSUES

Policy: The site is identified as an area of informal green space in the 2005 POS study. This indicates that there is a surplus of informal green space within the community and a deficiency in children’s play space and playing fields. This study is being revised but I have no reason to think that the conclusions would be significantly different in this community area. UDP policy CLF4 states: that “the redevelopment of .. informal open spaces .. will not be permitted unless: (a) redevelopment of only a small part of the site would allow the retention and enhancement of that existing facility ..”

Approximately half of the POS area is proposed for development and the landscaping works, whilst satisfactory in their own right, do not enhance the facility. Thus, criterion (a) of policy CLF4 is not satisfied. (see also below)

However, the provision of affordable housing is a council priority and as there is clearly a surplus of informal open space in Coedpoeth, its redevelopment will not, in my view, have an adverse impact upon the amenity of the area. Any loss would be outweighed by the provision of new affordable housing which would not otherwise become available. I would not support the proposal in any other circumstances e.g. for general housing development.

The additional information also states how the proposal will meet code level 3 of the code for sustainable homes which will provide a better standard of sustainability than most developments.

Affordable Housing: The site is in the ownership of the Council and thus it is not possible to the put a section 106 agreement in place (the Council cannot enter into an agreement with itself). The land transaction with the Housing Association will set out the controls that are required to be put in place.

Landscape: The public open space is a relatively large area of green space within Coedpoeth, and is one of a series of spaces which is of value in breaking up the pattern of residential development and contributing to a rural village character. Although the POS survey shows a high proportion of informal green space within Coedpoeth, this statistic does not allow the value and use of this space to be fully considered.

The visual quality of the site is poor given the random arrangement of tree planting, close mown grass and dominance of lap board fencing around the periphery of the site. A dense holly hedge along the short eastern boundary near the road is the exception and is of good visual character.

The emerging Green Network Strategy (GNS) shows this area of Coedpoeth has a deficit in accessible natural open space. The enhancement of this site would directly support GNS objectives. Page No 21

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 If the application is to be approved, the remainder of the POS must be fenced off during construction and improvement to the proposed landscape details is essential.

Residential Amenity: Separation distances have been met, due in part to the long rear gardens of properties in Heol Maelor. The rear gardens of plots 1 and 2 are short (5-8 metres) but plot 1 with the shortest garden area is a bungalow.

Highway safety: The site is located on an unclassified highway subject to a 30 mph speed limit although vehicular speed is considered to be no more than 25 mph due the recent implementation of a traffic calming scheme.

Manual for Streets recommends the provision of visibility splays measuring 2.4 x 33m in both directions which appears to be achievable from both access locations over land under highway control.

The revised scheme now proposes to serve all 6 dwellings off a private access road. It is current Council policy to permit a maximum of 5 dwellings off a private drive.

The recently published Manual for Streets suggests that it is possible for streets to remain private as long as a properly constituted body with defined legal responsibilities is established to maintain the street to the common benefit of the residents in perpetuity.

In this instance it is unlikely that Highways would wish to adopt any more than the first 9m back from the edge of Heol Glyndwr. The remainder should be passed into the control of a private management company and should be maintained in perpetuity by this company.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 ground levels shall be made without the prior written approval of the Local Planning Authority. 6. No part of the development hereby permitted shall be commenced until full details of both hard and soft landscape works for the whole of the retained open space area have been submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in accordance with a timescale to be approved in conjunction with the scheme of details. 7. All hard and soft landscape works shall be carried out in accordance with the approved details as set out in Condition 6. The works shall be carried out: a) prior to the occupation of any part of the development; b) in accordance with the programme agreed with the Local Planning Authority; c) within 3 months of the first use of the development with the exception of soft landscaping which shall be carried out in the first planting season (November to March) or seeding season (April to September) following the first use. 8. Any trees or shrubs removed, dying, being severely damaged or becoming seriously diseased within five years from the completion of the scheme shall be replaced by trees or shrubs of similar size and species to those originally required to be planted unless otherwise approved in writing by the Local Planning Authority. 9. The open amenity area(s) indicated on the submitted 1:200 scale layout plan (drawing No. C709.03H) shall be completed to a standard indicated in writing by the Local Planning Authority as suitable for adoption as Public Open Space prior to occupation of any dwelling erected on land adjacent thereto and shall thereafter be maintained to that standard for a minimum period of one year. 10. The proposed access shall have a visibility splay of 2.4m x 33m in both directions measured along the nearside edge of the adjoining carriageway over land within the control of the applicant and/or the Highway Authority. Within the splays there shall be no obstruction in excess of 1 metre in height above the level of the adjoining carriageway. The splay shall be provided prior to commencement of use/occupation of the development hereby approved and shall thereafter be retained clear of such obstruction. 11. No gates shall be erected within 5m of the highway boundary. 12. The access shall be hard surfaced in a bound material for a distance of 5m behind the highway boundary. 13. The site shall be developed in accordance with the ground and floor levels indicated on the approved plans. No changes to floor levels or external ground levels shall be made without the prior written approval of the Local Planning Authority. 14. Construction works, ancillary works and the use of plant or machinery audible at or beyond the site boundary shall only be carried out between the hours of 07:30 and 18:00 (Monday to Friday) and 08:00 to 14:00 (Saturday) and at no time on Sundays or Bank Holidays. 15. Development shall not begin on site 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 Page No 23

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 measures required to remediate the site, including post-development monitoring. Where remediation works are required, the development shall not be occupied/used until a Validation Report to show that the works have been satisfactorily carried out has been submitted to and approved in writing by the Local Planning Authority. 16. The erection of fencing for the protection of those parts of the open space area not proposed for development shall be undertaken before any equipment, machinery or materials are brought onto the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. The above mentioned fencing shall consist of a scaffold framework in accordance with Figure 2 of British Standard 5837:2005 comprising a vertical and horizontal framework, well braced to resist impacts, with vertical tubes spaced at a maximum interval of 3 metres. Onto this, 2.1 metre weldmesh panels shall be securely fixed with wire or scaffold clamps. This fencing shall be erected at the extent of each trees Root Protection Areas, as set out in British Standard 5837:2005. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavations be made without the written permission of the Local Planning Authority. 17. No development shall take place until an Arboricultural Method Statement has been submitted to and approved in writing by the Local Planning Authority. The statement shall include a specification for tree protection fencing and ground protection measures that complies with British Standard 5837:2005; a plan showing the location of retained trees' with their crown spreads, Root Protection Areas' and the location of protective fencing plotted. A full specification for any access, driveway, path, underground services or wall foundations within retained trees' Root Protection Areas', including any related sections, details of general arboricultural matters including proposed practices with regards to cement mixing, material storage and fires; details of the frequency of supervisory visits and procedures for notifying the finding of such visits to the Local Planning Authority and method statement for protecting retained trees during demolition works should also be included. Works shall be carried out in accordance with the approved method statement. 18. The existing hedges shall be retained and shall not be cut down, grubbed out or otherwise removed or topped or lopped so that the height of the hedges falls below 2 metres at any point without the previous written permission of the Local Planning Authority. Any hedges removed without permission or dying or being severely damaged within five years from the completion of development shall be replaced with hedges of such size and species as may be agreed with the Local Planning Authority. 19. No trees, shrubs or hedges shown on the approved drawing Nos C709.03J to be retained, shall be cut down, lopped or uprooted until the expiration of three years from the date of occupation of the building for its permitted use without prior written permission of the Local Planning Authority nor shall they be wilfully damaged or wilfully destroyed. Any pruning of trees approved shall be carried out in accordance with the current British Standard 3998 and subsequent revisions (Tree Work). The erection of fencing for protection of the above mentioned trees, shrubs and hedges shall be Page No 24

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 undertaken before any equipment, machinery or materials are brought onto the site for the purposes of the development and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. The above mentioned fencing shall consist of 1.5 metre high chestnut paling fence or other approved fence erected to the full extent of each tree, shrub or hedge. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made without the written consent of the Local Planning Authority.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the development fully complies with the appropriate policies and standards. 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 4. To provide for the loading, unloading, parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 5. To ensure that the development fully complies with the appropriate policies and standards. 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 ensure an adequate provision of open amenity space for use by residents in accordance with the Council's standards. 10. To ensure that adequate visibility is provided at the proposed point of access to the highway. 11. In the interests of highway safety. 12. In the interests of highway safety. 13. To ensure that the development fully complies with the appropriate policies and standards. 14. To protect the amenities of the occupiers of nearby properties. 15. In the interests of the amenities of the future occupants of the buildings 16. To protect trees which are of significant amenity value to the area. 17. To ensure the amenity afforded by the trees is continued into the future. 18. To protect landscape features which are of significant amenity value in the area and which would ensure a satisfactory standard of appearance the development. 19. To ensure the amenity afforded by the trees is continued into the future. Page No 25

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

NOTE(S) TO APPLICANT

You are advised to contact the Council's Ecology Officer at The Planning Department, Lambpit Street, Wrexham on Tel: 01978 292517.

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

The separate written consent of the Local Highway Authority must be obtained before any work is carried out within the confines of the highway.

A licence will need to 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. The licence is a separate form and will need to be obtained from the Highways Department, Wrexham County Borough Council, telephone 01978 297158.

The planning permission requires that development be carried out in accordance with the approved plans, including the construction of an estate road intended for adoption by the Council under the Highways Act 1980. It is essential therefore that the detailed proposals are submitted to the highway authority and confirmed as acceptable BEFORE development commences. Please contact:-

The Operational Manager (Highways Planning), Crown Buildings, Chester Street, Wrexham. LL13 8BG telephone: 01978 292000

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: Page No 26

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 · 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 27

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 Further advice on compliance with Condition No. 15 may be obtained by contacting the Council's Environmental Protection Section on Wrexham 297041.

Please note the attached comments from Welsh Water, Public Protection and the Environment Agency. ______Page No 28

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

APPLICATION NO: LOCATION: DATE RECEIVED: P/2008 /1329 (FORMER BARRACKS) CORUNNA 22/12/2008 COURT KINGSMILLS ROAD WREXHAM COMMUNITY: CASE OFFICER: Offa DESCRIPTION: SJG ERECTION OF CARE CENTRE TO PROVIDE 90 BEDROOMED WARD: NURSING CARE HOME FACILITY (IN AGENT NAME: Brynyffynnon LIEU OF APARTMENTS MCCORMICK PREVIOUSLY GRANTED UNDER ARCHITECTURE LTD PLANNING CODE NO P/2005/0541)

APPLICANT(S) NAME: HAWK HOMES LTD

______

THE SITE

The site is on the south side of Kingsmills Road, west of Brynycabanau Road.

PROPOSAL

As above. Page No 29

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 The new development would take the place of 3 of the 4 new apartment blocks approved in the 2005 application (A, B and C). The Ellis and Wynnstay buildings are not part of the scheme. The three new blocks consist of two, 3 storey buildings with a longer 2 storey building between, linked by a glazed section close to Kingsmills Road and a 2 storey flat roofed section at the west end. Access is unchanged from the shared entrance to the barracks.

Revised plans and details to address conservation and policy issues were received on 6/2/2009.

The home will provide accommodation for 90 older people, as a mix of general nursing care and Elderly Mentally Infirm (EMI). It will provide long- term and respite care, through individual rooms with en-suite facilities.

RELEVANT HISTORY

6/19305 Government development consultation for demolition of buildings, and erection of portable building 1991 6/19319 Government development consultation for car park, security fencing, access etc 1991 6/24138/CB0030 Residential development Withdrawn 1996 P/2004/0149 Conversion of buildings to form 32 apartments and erection of 5 new blocks to form 57 apartments etc. Withdrawn June 2004 P/2004/0950 Conservation Area Consent for demolition of buildings Granted 13/9/2004 P/2004/0926 Conversion of office buildings to form 32 apartments and erection of 5 new apartment blocks to form 50 apartments Refused 26/11/2004 following site inspection P/2005/0541 Conversion of existing office buildings to form 32 no. apartments. Erection of 4 no. new apartment blocks to form 41 no. apartments and alterations to existing vehicular access. Granted 9/8/2005 subject to s106 agreement P/2008/1330 ConAreaC for demolition of block 4 (C) Granted 23/3/2009

DEVELOPMENT PLAN

Within settlement limits and allocated for employment use and within Hightown Conservation Area. Policies PS1 PS2 PS4 EC6 EC7 H2 H11 T8 GDP2 and GDP1 of UDP are relevant, together with LPGN 4 and 16.

CONSULTATIONS

Offa C Council: No objections Adj CC (Caia Pk) No objection Local Member and adj LM: Consulted 23/12/2008 Highways: Recommend conditions Public Protection: Recommend condition regarding construction work Page No 30

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 Env Agency: Standard advice applies CCW: No comment MoD: Scheme should be amended to allow for adequate servicing of the site by large vehicles. Car parking has been reduced, which could lead to parking off- site. Refer to military uses of barracks site which may impact on occupiers. Care & Social Servs Insp Wales: will need application for registration and will need to meet national minimum standards. Social Services: Concerned at the size of the care home and believe the facility could be considered to be institutional. The development may have a detrimental impact on current provision. Further information requested – would like to see facilities made available to older people in local area too. Housing: Comments on management Welsh Water: Recommend conditions. Sewers cross site Site Notices: Expired 29/1/2009 Press advert: Expired 6/2/2009 Other representations: Adjoining occupiers notified 8/1/2009. No comments received

SPECIAL CONSIDERATIONS/ ISSUES

Policy: A residential institution providing care to people falls within use class C2 and as such would be exempt from the need to provide an element of affordable housing which would only be triggered in class C3 residential uses. It is critical that the use of the site is clearly C2 and we can ensure any future use of the site can be appropriately controlled.

The new build units have a significant degree of shared functional spaces with residents only having private sleeping and toilet facilities. Living spaces, access, laundry, kitchen and bathing are communally shared. I am satisfied that these elements of the proposal are typical of a C2 use.

Infrastructure: The Design and Access Statement says that this facility will serve the needs of this area and nearby areas of Wrexham. WAG published a document ‘Guidelines for Developing Extra Care Housing in Wales’ 2006. Consequently the developer has submitted a report to demonstrate that they are meeting a demand.

Open Space: Open space contributes to health and well being it is just as important for a nursing care unit as a residential unit. Space appropriate to the needs of the unit is necessary. Age mobility and care requirements may well constrain the demand for open space. The provision is 10 sq m per unit (the standard for flats) together with 40 sq m for the balance of the apartments on site which totals 0.197ha – 0.2 Ha is provided. Page No 31

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

Policy H11 requires that: a) development accords with policy GDP1 b) adequate garden area is provided c) applies to conversion schemes d) facility is accessible to community facilities It is considered that the scheme meets these requirements.

Built Conservation: The application has been prepared following Conservation guidance, and the revised details address all points of concern.

Sustainability: The design statement addresses this issue.

Highway safety: Highway accept that the access and road improvements already carried out are sufficient to cater for the development. 30 parking spaces are provided, which accords with LPGN16.

Proximity to defence establishment: This issue was raised and considered in the 2005 application, and the implications for this development are similar to the approved residential use.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission. 2. Development shall only be carried out in strict accordance with the approved plans unless the prior written approval of the Local Planning Authority has been obtained. 3. 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. 4. The vehicle parking and turning areas indicated on the approved plans shall be laid out, surfaced and drained prior to the first use of the building hereby granted and shall thereafter be retained for those purposes. 5. No part of the development hereby permitted shall be commenced until full details of both hard and soft landscape works for the site have been submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in accordance with a timescale to be approved in conjunction with the scheme of details. 6. All hard and soft landscape works shall be carried out in accordance with the approved details as set out in Condition 5. The works shall be carried out within 3 months of the first use of the development with the exception of soft landscaping which shall be carried out in the first planting season (November to March) or seeding season (April to September) following the first use. Page No 32

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 7. Any trees or shrubs removed, dying, being severely damaged or becoming seriously diseased within five years from the completion of the scheme shall be replaced by trees or shrubs of similar size and species to those originally required to be planted unless otherwise approved in writing by the Local Planning Authority. 8. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order no part of the premises shall be used except for the precise purposes described in the application plans and documents. 9. All foul drainage shall be directed to a foul sewerage system and all surface water drainage to a surface water system unless otherwise agreed by the Local Planning Authority. 10. No development shall take place within 3 metres to either side of the public sewer which crosses the site.

REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure that the development fully complies with the appropriate policies and standards. 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 4. To provide for the loading, unloading, parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 5. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 6. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 7. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 8. To ensure that the development fully complies with the appropriate policies and standards. 9. To ensure the proper drainage of the site and to minimise the risk of pollution 10. To ensure access to the public sewer is maintained and to protect the building's foundations if access is required.

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

· 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. Page No 33

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 · 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.

You are reminded that the Disability Discrimination Act 1995 applies to this development.

Please note the attached comments from Public Protection, Welsh Water and the MoD. Page No 34

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 ______Page No 35

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

APPLICATION NO: LOCATION: DATE RECEIVED: P/2009 /0089 FORGE FARM PONT Y BLEW 06/02/2009 CHIRK WREXHAM

COMMUNITY: DESCRIPTION: CASE OFFICER: Chirk OUTLINE APPLICATION FOR SJG ERECTION OF AGRICULTURAL WORKERS DWELLING AND WARD: INSTALLATION OF SEPTIC TANK AGENT NAME: Chirk South ROGER PARRY & APPLICANT(S) NAME: PARTNERS LLP MESSRS EVANS J E & V EVANS & MRS CHARIS DENHAM SONS

______

UPDATE INFORMATION

Following the deferral of the application at the meeting following the site visit, I have been undertaking further investigations and have written at some length to the agent seeking clarification of the justification for the project.

The key consideration is not simply about whether additional worker(s) are justified but whether there is a requirement for that person to live on the site rather than within a nearby community. In this case St Martins and Chirk are both within 2 miles of the site. It is noted that the applicant lives approx ½ mile away with the on-site farmhouse occupied by his son & family).

The internal advice I have received has been discussed again with the author who is satisfied that “whilst it would be advantageous to have more than one dwelling in close proximity it is generally the case that one worker living on site would be able to satisfy the basic requirements of responding to urgent livestock matters outside normal working hours”. He cites several appeal cases where this issue has arisen – in one case 2.5 miles was considered an acceptable distance to travel.

I have also given further consideration to the suggestions made at the meeting that the aim should be to reconstruct a building similar to the large manor house which previously occupied the site and also that the new dwelling would be built to high eco-standard/zero carbon. TAN 6 specifically addresses this and says “Dwellings which are unusually large in relation to the agricultural needs of the unit or unusually expensive to construct in relation to the income should not normally be permitted. It is the requirements of the enterprise rather than the owner or occupier which are relevant to determining the size of the dwelling.” Page No 36

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 I therefore believe that in addition to the reason for refusal previously given, additional reasons relating to the absence of proven need for the second dwelling and concern about the size should be added.

I will report any further observations from the applicant on the addendum report. My original report follows: ------THE SITE

The site is on the west side of the Ceiriog valley 3km east of Chirk.

PROPOSAL

As above.

The proposal is an outline application for the erection of an agricultural worker’s dwelling, with means of access and layout to be approved at this stage. The dwelling has been moved further east, away from the road. The site has been amended as shown from the previous application, and is close to the location of a former dwelling.

The application includes an agricultural appraisal, full details of the farm and a detailed planning and design statement. Page No 37

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

SUPPORTING STATEMENT RELATING TO SITING ISSUE

The proposed site for the dwelling is on that of the site of a former dwelling on the farm. The proposed location and orientation of the dwelling would benefit from more hours of natural sunlight during the day and would therefore be more energy efficient and have a lower carbon footprint than a house located in the field to the east of the existing farmhouse. The land to the east of the farmhouse is a steep undulating field and therefore would not benefit from natural sunlight; a dwelling in this location would be more detrimental in terms of carbon footprint and energy efficiency.

It is the applicant’s aim to develop an environmentally sustainable dwelling of good local design using energy efficient materials.

RELEVANT HISTORY

P/2008/0515 Outline for agricultural dwelling Refused 8/8/2008

DEVELOPMENT PLAN

Outside settlement limits and within a Special Landscape Area. Policies H5 EC5 PS2 and GDP1 of UDP are relevant, together with LPGN 2, 7 and 13. The site falls within LANDMAP area 12a Dee/ Ceiriog Wooded Valley. TAN6 gives advice on agricultural dwellings and appraisals.

CONSULTATIONS

Chirk Town Council: No objection Local Member: Requests committee consideration Highways: Recommend conditions Env Agency: No objections CCW: Comments regarding proximity to Dee/ Ceiriog SSSI/SAC and protected species. Conditions recommended to control future works. Site Notice: Expired 5/3/2009 Other representations: Adjoining occupiers notified 10/2/2009.

SPECIAL CONSIDERATIONS/ ISSUES

Policy: I am satisfied that the appraisal demonstrates a functional requirement for the additional dwelling.

Full details of the farm boundaries, dwellings and accounts are supplied, for both this and the previous applications. The agent has replied to confirm the latest situation and any changes. These details were fully assessed at the time of the previous application, in consultation with CTAM, and the application was refused on landscape and siting grounds only (policies H5c(iii) (iv) and EC5). The issue of re-use of the existing buildings under part (iii) of policy H5c has been addressed in the statements, so only part (iv) remains Page No 38

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 relating to the open location of the proposed dwelling, together with policy EC5 (see below).

Landscape: The building is proposed in a very sensitive, attractive, tranquil, rural and naturalistic riverside location, separate from the farm complex, where there is presently no built development affecting these landscape qualities. The latest LANDMAP assessment (supplements the Wrexham LANDMAP SPG) has assessed the Dee Valley as being of High landscape value (of regional/county value).

Within local views, a development which is more closely related to the existing farm would minimise the intrusion of new built development within the SLA. A new building within the proposed site would introduce a new angular built form within an otherwise rural and tranquil view. A bungalow development would not resolve this impact. The extensive residential curtilage proposed, would introduce garden use and domestic characteristics over which there are no controls.

In addition, the existing steep ground profile would require the raising of levels to construct the access track. This would extend engineering works within the root protection area of mature ash trees and hedgerow, causing long term degradation, loss and unacceptable impact upon landscape features which are valuable for their contribution to landscape character, contrary to EC4.

TAN 6 notes under section 41 that New permanent dwellings should only be allowed… providing (e) other normal planning requirements, for example siting and access, are satisfied. This is not satisfied for the reasons given above.

The proposals would have an adverse impact upon the SLA, contrary to EC5 and landscape features, contrary to EC4. The proposed location of the development also makes it out of character with the landscape character and local development pattern, and therefore contrary to H5.

A tree survey and aboricultural implication assessment would be required if permission is contemplated, as there is potential for trees to be damaged by the construction of the track and driveway, thus being contrary to EC4 of the adopted UDP.

Ecology: This application will definitely need an ecological survey and report submitting before any permission is granted, as it is right next to the river where otters are present. Due to the proposal for a septic tank this application might even need an appropriate assessment. The response of the CCW is awaited, but they raised no objection previously, and were content for issues to be dealt with by condition. As approval is not recommended, it is considered that the application should proceed to a decision. Page No 39

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

RECOMMENDATION: That permission be REFUSED

1. The Council is not satisfied that there is a proven need for a second key worker to live on the site and thus the proposal would be contrary to Policy H5 c) (ii) of the Wrexham Unitary Development Plan. 2. The development would be contrary to adopted policies on housing development in the countryside as set out in policies H5 c (iv) and EC5 of the adopted Wrexham Unitary Development Plan, as the dwelling would be set apart from the main farm complex and would detract from the character and appearance of the designated Special Landscape Area. 3. Insufficient information has been supplied to demonstrate that the development would not be detrimental to the ecological classification and aboricultural character of the area, and for these reasons the proposal would not comply with policies PS11, EC4 and EC6 of the Wrexham Unitary Development Plan. 4. The indicative plan shows a dwelling of excessive size in relation to the proven need of the holding and thus would not comply with the policy guidance in WAG TAN 6

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REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

APPLICATION NO: LOCATION: DATE RECEIVED: P/2009 /0111 MEADOW HOUSE TREVALYN 17/02/2009 ROSSETT WREXHAM

COMMUNITY: DESCRIPTION: CASE OFFICER: Rossett CONSTRUCTION OF A HARDCORE KH TRACK TO BE USED TO PROVIDE ACCESS TO MEADOW HOUSE, WARD: TREVALYN DURING FLOODING. AGENT NAME: Rossett MR J GOULD APPLICANT(S) NAME: MR J GOULD

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THE SITE

Agricultural land. The proposed access road leads to Meadow House which is currently accessed from an unclassified road to the south of the site.

Proposed track

Existing access

The Griffin PH

PROPOSAL

Construction of a hardcore track running east from Narrow Lane to Meadow House. The intervening land lies within a flood plain and floods between 3 and 6 times a year and can take weeks to recede. The land and Meadow Lane to Page No 41

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 the south which is normally used to access the farm, floods in the winter and as the only access would be by boat, a safe access route is proposed.

HISTORY P/2008/0742 New Access Track - Agricult Notific Pl P reqd 23.7.2008

DEVELOPMENT PLAN Within a flood plain and Special Landscape Area. Policies PS2, GDP1, EC12, EC5 and EC6 refer.

CONSULTATIONS

Community Council : Consulted 17.2.09 Local Member : Notified 17.2.09 Eleanor Burnham AM: Constituents are concerned that the road, if approved, would enable caravans over the controlled number to stay on the site and constituents also claim part of a public footpath has been ploughed up. The Assembly Member has spoken with the applicant who has reiterated the road is to allow access to the house during floods whilst caravans are only occasionally on the land. Public Protection : No objections Highways : No objections, conditions required Welsh Water : Consulted 17.2.09 Ramblers Assoc: Consulted 9.4.09 Environment Agency: No objections, condition required regarding 1m diameter relief culvert Countryside Council for Wales: No objections subject to reasonable avoidance measures in relation to amphibians. Other representations: 2 letters of objection: - access already exists to property and proposed track would also be flooded during bad weather - track proposed to enable expansion of caravan business - adverse impact on the landscape - track is more comprehensive than required and multiple access points from the track are not required - additional traffic on Narrow Lane/Darland Lane - public footpath close to new track Site Notices: Expired Page No 42

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

SPECIAL ISSUES/CONSIDERATIONS

Background/proposal: The applicants live and operate their farm from Meadow House and comprises 110 acres of land for cattle and sheep farming. The property is located in the Lower Dee Valley flood plain. Flooding events can occur between three to six times a year with Meadow Lane which accesses the property under 3 – 6 foot of water, with the adjoining land surrounding the farm house also under flood water. The flood water depending on the weather conditions can take up to 14 days to recede. The only access to the farm at these times is by boat. The Environment Agency have undertaken some works in the area and the existing road is closed off by temporary gates in flood conditions to protect other properties in the area but this does not protect access to the applicant’s home. Although the house itself is not at particular risk.

The proposal seeks to provide an alternative access into the site and would run from east from Narrow Lane to the farm house and would enable the family to stay in the farm house during times of flooding and life would carry on as normal. The works will involve importing inert material – clay and rubble, over a 3 month period.

Visual Impact: The land is located within a Special Landscape Area and special consideration is required of the visual impact of the track on the character of the countryside. The track will be approximately 750m long and will rise to a maximum height of 2.3m above the existing ground levels. The most open aspect of the track is to the immediate east of Narrow Lane but the height rises to only 1m above the existing ground level for the first 350m of the track. The vast majority of the open aspect would be at ground level. The gentle slopes of the sides which are to be grassed would ensure a limited visual impact. The remaining 400m would rise to a maximum of 2.3m which would be adjacent to the elevated farm house. The higher elements of the track have been located, where possible, to run alongside tree and hedgerows which significantly reduces the impact. The gradual gradient of the embankments to the track which will be grassed will help assimilate the works into the surrounding landscape.

Highways: No objections in principle but conditions required in relation to access points.

An existing field access will be utilised for the proposed new access road, with improved visibility to cater for the increased vehicular movements. Access for construction vehicles will be via another field access at the junction of Narrow Lane and the B5102 Rossett Road. Visibility will be improved and highways are satisfied that subject to appropriate conditions the movements of the construction vehicles will not compromise highway safety. Page No 43

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 Amenity: Two areas of the work will potentially impact on residents. Use of the construction access is in close proximity to residential properties, within 10 metres. Whilst I appreciate it will increase noise levels, lorry movements will be around 25 a day with hours restricted between 8.00 a.m. and 4.30 p.m. The area of the site adjacent to the access will be stoned and a wheel wash installed to prevent debris on the road and restrict dust emissions.

There are also residential properties approximately 130m to the north of a section of the proposed track. Machinery will be used to roll and compact material but given the distance to the properties and the hours of work I would not anticipate any significant loss of amenity.

I am also conscious the works will only be carried out over a period of 3 – 4 months.

Ecology: A survey for the presence of Great Crested Newts and other amphibians has been submitted with the application. It did not find any evidence of newt presence or other amphibians though the survey area does provide the diversity of habitat suitable for the species.

The risk of pollution from the site during construction work will be minimised by the adoption of good working practices. Precautionary measures are recommended and a method statement detailing reasonable avoidance measures to ensure amphibians are not harmed. Two new ponds are proposed.

The Countryside Council for Wales are satisfied that reasonable avoidance measures to prevent harm to amphibians and good working practices to prevent pollution the scheme is acceptable..

Other issues: Concern has been expressed that the applicant from time to time has caravans on his land. The Caravan Sites and Control of Development Act 1960 enables land to be used by caravans on sites approved by exempted organisations or meetings under the supervision of exempted organisations. Control is exercised by the number of caravans and the length of time the sites can be used. Subject to the criteria being complied with no planning permission is required and the applicant has ensured me that the requirements are being complied with.

The surface of the rack would not appear particularly suitable for use by caravans and I would not expect it to be used in preference to the existing access and I would not expect caravans to be taken on to site in times of flood.

Conclusion: I am satisfied the proposal is acceptable with a clear justification for the works. The track will enable the farm to function effectively and the family to occupy the farmhouse during times of flooding. The Environment Agency has raised no objections to the proposal. Page No 44

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 The proposal will not compromise highway safety or have a significant impact on amenity given the hours of work and the limited timescale. Page No 45

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The importation of inert waste for the construction of the track hereby approved shall cease no later than the 30th September 2009. 2. Inert waste shall only be delivered to the site between the hours of 8.00 a.m. and 4.30 p.m. Monday to Friday and not at all on Saturdays, Sundays and Public Holidays. 3. The recommendations and Reasonable Avoidance Measures identified within the approved Amphibian Survey Report, August 2008 shall be fully implemented and adhered to throughout the duration of the works hereby approved. 4. The erection of fencing for the protection of trees and hedges shall be undertaken before any equipment, machinery or materials are brought onto the site for the purposes of the development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. The above mentioned fencing shall consist of a scaffold framework in accordance with Figure 2 of BS 5837 (2005) comprising a vertical and horizontal framework, well braced to resist impacts, with 2.1m vertical tubes spaced at a maximum interval of 3 metres. Onto this, weldmesh panels shall be securely fixed with wire or scaffold clamps. This fencing shall be erected at the full extent of the canopy of each tree and hedge. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavations be made without the written permission of the Local Planning Authority. 5. No development shall take place until an Arboricultural Method Statement has been submitted to and approved in writing by the Local Planning Authority. The statement shall include a specification for tree protection fencing and ground protection measures that complies with British Standard 5837:2005; a plan showing the location of retained trees' with their crown spreads, Root Protection Areas' and the location of protective fencing plotted. A full specification for any access, driveway, path, underground services or wall foundations within retained trees' Root Protection Areas', including any related sections, details of general arboricultural matters including proposed practices with regards to cement mixing, material storage and fires; details of the frequency of supervisory visits and procedures for notifying the finding of such visits to the Local Planning Authority and method statement for protecting retained trees during demolition works should also be included. Works shall be carried out in accordance with the approved method statement. 6. A 1m diameter relief culvert shall be included in the embankment construction as indicated on the approved 'Survey & Sections' drawing. 7. The proposed construction access at the junction of Darland Lane and Almere Ferry Lane shall provide visibility splays of 2.4 x 33m in both directions measured to the centre line of the adjoining highway in which there shall be no obstruction in excess of 1m in height above the level of the adjoining Page No 46

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 carriageway. The splay shall be provided prior to commencement of the works hereby approved and shall thereafter be retained lea of obstruction.. 8. The existing access serving the proposed access track off Darland Lane shall provide visibility splays of 2.4 x 33m in both directions measure to the centreline of the adjoining highway in which there shall be no obstruction in excess of 1m in height above the level of the adjoining carriageway. The splay shall be provided prior to the first use of the proposed new access track and retained thereafter. 9. The proposed construction access at the junction of Darland Lane and Almere Ferry Lane shall be a minimum width of 4.8m and shall be surfaced using hard bound materials for the first 20m behind the highway boundary. Any proposed gates shall be set back a minimum distance of 20m behind the highway boundary and an Aco drain or similar shall be constructed across the access to prevent private water flowing onto the adjoining highway. 10. Details of wheel washing facilities shall be submitted in writing for the further approval of the Local Planning Authority. The facilities as approved shall be provided prior to the commencement of works hereby approved and retained for the duration of the works. 11. Prior to the first use of the new track hereby approved, the existing access off Darland Lane shall be surfaced using hard bound materials for the first 10m behind the highway boundary and any proposed gates shall be set back a minimum distance of 10m behind the highway boundary. An Aco drain or similar shall be constructed across the access to prevent private water flowing onto the adjoining highway. 12. All disturbed ground from construction operations and soil mound storage shall be reinstated to previous field conditions, levels and grass cover. The restoration works shall be carried out in the first seeding season (April- September) following the works hereby approved being substantially completed. Any areas of grassland which fall within five years are to be re- seeded and established. 13. The mounds formed to the sides of the track hereby approved shall receive a minimum depth of 150mm of top-soil and grass seeded between April to September, following the works hereby approved being substantially completed. Any areas of grassland which fail within five years of the original seeding shall be re-seeded and established. 14. Prior to commencement of any construction works on site the full line and area of the new track and the demarcation of a construction works exclusion area shall be pegged out and approved by the Local Planning Authority. Works shall only be carried out strictly in accordance with the details as approved. 15. Notwithstanding the approved documentation, prior to the commencement of any site works, a Method Statement outlining good working practices to include areas for material storage, procedures should the land become saturated, vehicle and equipment storage, vehicle movements and routes and a scheme for dust management, shall be submitted, in writing, for the further approval of the Local Planning Authority. The scheme as approved shall be fully implemented for the duration of site construction works. Page No 47

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 16. Temporary stockpiles of topsoil shall be stored in loose formed mounds no greater than 1.5m high and agricultural perennial weeds controlled by herbicide. 17. Details of the provision and future maintenance of two new ponds shall be submitted, in writing, for the further approval of the Local Planning Authority. The ponds shall be provided to a timescale to be agreed as part of the submitted details.

REASON(S)

1. To protect the amenities of the occupiers of nearby properties. 2. To protect the amenities of the occupiers of nearby properties. 3. In order to protect wildlife interests, which are afforded special protection. 4. To protect trees which are of significant amenity value to the area. 5. To ensure the amenity afforded by the trees is continued into the future. 6. To mitigate against any potential water pressure differences across the embankment to ensure stability. 7. In the interests of highway safety 8. To ensure that adequate visibility is provided at the proposed point of access to the highway. 9. To ensure the formation of a safe and satisfactory access. 10. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 11. To ensure no deleterious material is carried onto the highway and in the interests of highway safety. 12. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 13. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 14. To ensure the proposal does not harm trees which make a significant contribution to the existing character of the area. 15. In order to protect wildlife interests, prevent water pollution, protect nearby residential amenity and in the interests of the visual amenities of the area. 16. To avoid degradation of the topsoil. 17. In the interests of wildlife/nature conservation. ______Page No 48

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

APPLICATION NO: LOCATION: DATE RECEIVED: P/2009 /0127 ISCOYD PARK ISCOYD 18/02/2009 WHITCHURCH SHROPSHIRE

COMMUNITY: DESCRIPTION: CASE OFFICER: Bronington EXTERNAL ALTERATIONS, PARTIAL KH DEMOLITION AND EXTENSIONS TO BUILDINGS AND EXTENSION TO WARD: TERRACE. CHANGE OF USE OF:- AGENT NAME: Bronington · COACH HOUSE AND STABLES TO CLARE CRAVEN WEDDING VENUE WITH 3 ARCHITECTURE LLP BEDROOM SUITES, MS CLARE CRAVEN · DAIRY TO 4 BEDROOM SUITES, · PIGEON HOUSE TO SINGLE BEDROOM SUITE, · COACH HOUSE TO SINGLE DWELLING · POTTING SHED TO SINGLE DWELLING

APPLICANT(S) NAME: MR P GODSAL

______

THE SITE

Grade II* Listed House and associated range of ancillary grade II listed buildings, stables and coach house, coach house and granary, pigeon house and stable and grooms accommodation.

Gardens are grade II, on the Cadw Register of Parks and Gardens. The House and associated buildings are located off the eastern side of Higher Wych Road and approximately 1000m north of the A525 Bangor to Ellesmere Road.

The surrounding land is predominantly agricultural land though there is sporadic housing. Page No 49

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 Exit Potting Higher Wych – shed Redbrook rd

Proposed car park

Coach house Coach house and Pigeon stables house

Entrance Old dairy Main house

PROPOSAL

Restoration and improvements to the main house and conversion of ancillary listed buildings for commercial and residential use. The Coach House and Stables would be partially converted to a wedding venue with three guest suites at first floor level. The old dairy would be converted to four guest suites, with a second coach house converted to a dwelling, the Pigeon House to guest accommodation and the conversion of potting sheds to a dwelling. Car parking is proposed on part of the gardens.

HISTORY

P/2006/0547 The Granary, Iscoyd Park, Whitchurch. Listed Building Consent for alterations in connection with upgrading of existing vacant units to form staff canteen and offices. Approved 23.06.06. P/2006/0727 Park Pre school, Unit 3, Iscoyd Park. Change of use of existing store to classroom. Approved 09.08.06. CB/1997/1369 Unit 3, Iscoyd Park. Change of use to children’s day nursery. Approved 04.08.97. BC/1996/0190 Old Laundry House, Iscoyd Park. Change of use and alterations to form dwelling. Approved 14.05.96.

DEVELOPMENT PLAN

Grade II* Listed House and ancillary grade II listed outbuildings located outside settlement and in a Special Landscape Area. Policies PS1, GDP1, PS2, EC5, EC6, EC9 and H3 refer. Page No 50

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 The gardens are Grade II on the CADW/ICOMOS Register of Parks and Gardens in Wales. Whilst this affords no statutory protection, the protection of the gardens is a material consideration.

CONSULTATIONS

Community Council: Support application providing that problems of water supply are addressed and no firework displays. Local Member: Notified 20.2.09. Public Protection: No objections. Highways: No objections in principle but conditions required re: visibility splays, management of access points and passing bays. Environment Agency: No observations. Clwyd Powys Archaeological Trust: Photographic survey required. CADW: Consultation carried out in relation to the historic gardens. Satisfied that the proposed development would not cause serious harm to the historic or visual character of the registered park and garden. Other representations: 3 letters of support creation of increased employment opportunities, benefiting existing business and will ensure the long term preservation of the buildings. 2nd letter not objecting but concerned at increase in traffic and should be clearer signed and road markings which are already inadequate. 2 letters of objections:- roads already in poor condition; night traffic and use of car park will cause problems with noise; light pollution from lighting required for car park; area already underpowered from electricity supplies and extra demand will cause further problems; functions should be limited to weddings only; impact on wildlife; problems with water supply in area and increased demand will compound the problems. Site Notices: Expired 24.03.09 Page No 51

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

SPECIAL CONSIDERATIONS/ISSUES

Proposed conversion of buildings: A number of the ancillary buildings to the main house are to be converted to commercial and residential use. The main commercial use is the conversion of the Coach House, Stables and Kennels to a wedding/birthdays/special occasions venue at ground floor and the formation of 4 guest sites on the first floor. The Old Dairy will also be converted to form 4 disabled guest suites, with the Pigeon House providing one additional guest suite.

Policy E5 of the adopted Unitary Development Plan enables conversion of existing buildings for employment use where existing buildings are structurally sound and whilst extensions are proposed, some of which replace former structures, I am satisfied the extent of the new build will not compromise the character of the building or the Councils policies for development in the countryside.

An additional Coach House and the Potting Shed will be converted to residential use. Conversion of the Coach House complies with the requirements of Policy H3 which enables conversion of redundant, structurally sound buildings in the countryside. The Potting Shed is proposed to be converted into a 2 bedroomed dwelling with the addition of a sizeable extension to provide the accommodation. I understand the building was originally this size but partial demolition has previously taken place. Given the historical nature of the building and its significance in the context of the walled kitchen garden I am satisfied the extensions would be acceptable, with scale form and general detail acceptable as it reflects the original horticultural use.

Impact of wedding functions on residential amenity: Concerns have been raised from nearby residents on the impact of the use on their amenity. The use does have the potential to cause disturbance and noise by virtue of use of the building itself and the proposed new car park.

With regard to the use of the building itself the façade of the closest residential property is approximately 150m away. With a condition to restrict hours and a limitation on noise levels from any music I am satisfied the buildings use will not compromise nearby amenity.

It is also proposed to convert a grassed area to the north-east of the kitchen garden to a car park. Whilst there are residential properties close to the car park access, given the relatively infrequent use of the car park and a condition to restrict the hours the wedding venue can be used I would not anticipate any significant adverse impact on amenity.

Impact on historic gardens: The proposed development is situated within the registered historic park of Iscoyd Park (Grade II), and consideration is required in terms of the impact of conversion of outbuildings connected to the gardens, the creation of a new drive and the creation of a new car park. CADW is a consultee and are satisfied that proposed conversions have been Page No 52

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 sensitively handled to cause minimum damage and intervention, the new drive would be gravel and hard core surfaced and skirts the edge of the park and the car park conversion is sensitive to the park. I would concur with CADW’s conclusion that the proposed development would not cause serious harm to the historic or visual character of the registered historic park and garden.

Impact on character of Listed Buildings: A listed building application has also been submitted which considers the detailed alterations to the buildings. The works are sympathetic and subject to appropriate conditions attached to any listed building consent that may be granted, the historic integrity of the buildings will not be compromised whilst ensuring a viable use ensures the long term preservation of the buildings, including the Main House.

Highways: No objections are raised by Highways to the proposal which involves guests arriving via the most southerly access to Iscoyd Park with an existing track running to the front of the Main House. The track will be extended to skirt the edge of the park south and east of the coach house and connect into the proposed car park to the north-east of the site. Vehicles will leave the site through an existing access to the north of the site and directly from the car park. Improvements will be required to the access. A one-way system will be required due to the poor visibility of the southerly access.

Whilst objections have been raised regarding the condition of the roads and increased vehicular movements, Highways are satisfied there will be no significant material increase of traffic on the surrounding road network by virtue of the proposal.

Ecology: Whilst protected species reports have been submitted, further details have been requested with regards to specific areas of the buildings in relation to breeding birds and bats. I would not anticipate the further information preventing development but I request delegated powers to deal with the application given the timescales involved for the further surveys and proposed mitigation. CCW have submitted a holding application and discussions are continuing.

Other: Concerns have been expressed with regards to an increase in water demand with existing problems in the area. I am awaiting the applicant’s comments. Also concern that the proposal will compound problems with electricity supplies with the area already underpowered. The applicant has indicated that generators will be provided and I am awaiting further confirmation regarding the situation.

Conclusion: I am satisfied the proposals are acceptable and the works will respect the historic integrity of the listed buildings and will not cause serious harm to the historic or visual character of the registered historic park and garden.

The use of buildings for the wedding functions will not cause any significant loss of amenity to nearby residents subject to appropriate conditions to restrict Page No 53

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 hours of operation and restrictions on noise levels of any music. With improved visibility at access points highway safety will not be compromised. The commercial aspect of the scheme will ensure that ancillary listed outbuildings are used sympathetically and help ensure the long-term preservation of these buildings and the future of the main house.

RECOMMENDATION

That I be given delegated powers to GRANT permission and attach any required additional ecological conditions subject to acceptable further ecological assessments and recommendations.

CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission. 2. No part of the development shall be commenced until samples of all external facing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 3. No part of the development hereby permitted shall be commenced until full details of both hard and soft landscape works for the site have been submitted to and approved in writing by the Local Planning Authority. The works shall be implemented in accordance with a timescale to be approved in conjunction with the scheme of details. 4. A landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas shall be submitted to and approved in writing by the Local Planning Authority prior to the occupation of the development or any phase of the development, whichever is sooner, for its permitted use. The approved landscape management plan shall be carried out as approved. 5. Full details of the proposed new gravel drive, which links the existing main drive and secondary entrance shall be submitted in writing for the further approval of the Local Planning Authority. The works shall only be carried out strictly in accordance with the details as approved and retained thereafter unless otherwise agreed in writing with the Local Planning Authority. 6. This permission shall operate only to allow development to be carried out in accordance with the approved drawings and the application documentation. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no further development shall take place within the site. 7. Development shall not begin until an appropriate photographic survey of the existing buildings on the site has been carried out in accordance with details to be submitted to, and approved by, the Local Planning Authority. The resulting photographs should be deposited with the County Sites and Monuments Record, operated by The Clwyd Powys Archaeological Trust (7a Church Street, Welshpool, Powys, SY21 7DL). 8. Prior to the commencement of any works to the small coach house adjacent the N.W. boundary of the site and the potting sheds details of any proposed demarcation, use, management and maintenance of land around Page No 54

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 the buildings shall be submitted to and approved in writing by the Local Planning Authority. Works shall be carried out strictly in accordance with the approved scheme thereafter unless otherwise agreed in writing with the Local Planning Authority. 9. The northerly access serving the proposed new car park shall provide/maintain visibility splays of 2.4 x 120m in both directions measured to the nearside edge of the adjoining highway over land within the control of the applicant and/or the Highway Authority. Within the splays there shall be no obstruction in excess of 1 metre in height above the level of the adjoining carriageway. The splay shall be provided prior to the first use of the proposed new car park and shall thereafter be retained clear of such obstruction. 10. Prior to commencement of the proposed commercial use hereby approved, details of management/restricting access/egress of the various site access points shall be submitted to and approved by the Local Planning Authority. Works as approved shall be fully implemented in accordance with those details prior to the first commercial use and retained thereafter in accordance with those details unless otherwise agreed, in writing, with the Local Planning Authority. 11. Full details of a scheme to manage the function use of the Coach House and Stables, to include measures to prevent the potential for noise and disturbance and in particular limitations on music noise shall be submitted to and approved, in writing, by the Local Planning Authority for consideration before the use commences and once approved shall only be carried out in full accordance with such details. 12. No public address and no amplified music shall be played in any outdoor area in conjunction with the function use hereby approved.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 4. To ensure landscape features are properly considered and protected. 5. To ensure the works are sympathetic to the visual character of the historic park and garden. 6. To ensure the character and settings of important buildings is not compromised. 7. To preserve records of local significant buildings. 8. To ensure the character of the registered historic park and gardens is not harmed. 9. To ensure that adequate visibility is provided at the proposed point of access to the highway. 10. In the interests of highway safety. 11. To protect the amenities of the occupiers of nearby properties. 12. To protect the amenities of the occupiers of nearby properties. Page No 55

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 NOTE(S) TO APPLICANT

Details required by Condition 05 shall include materials for the drive and perimeter fencing.

With regard to Condition 10, due to the poor visibility of the southerly access, this should only be used for guests accessing the site and not egressing. ______Page No 56

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

APPLICATION NO: LOCATION: DATE RECEIVED: P/2009 /0128 ISCOYD PARK ISCOYD 20/02/2009 WHITCHURCH SHROPSHIRE

COMMUNITY: DESCRIPTION: CASE OFFICER: Bronington INTERNAL AND EXTERNAL KH ALTERATIONS AND PARTIAL DEMOLITION OF LISTED BUILDINGS WARD: INCLUDING AGENT NAME: Bronington RESTORATION OF BRICKWORK CLARE CRAVEN AND REPLACEMENT ARCHITECTURE LLP WINDOWS AND ERECTION OF MS CLARE CRAVEN EXTENSIONS

APPLICANT(S) NAME: MR P GODSAL

______P/2009 /0128 THE SITE

Grade II* Listed house and associated range of ancillary Grade II Listed Buildings, stables and coach house, coach house and granary, pigeon house and stable and grooms accommodation.

(see previous report for plan showing location)

PROPOSAL

Internal work to the main house, with alternations and restoration, primarily to enable the library wing (ground floor) to be made habitable again. Works largely involve removal of elements which are not part of the original structure and to rationalise layout.

Externally limited demolition will take place, which will help restore the original character of the main house, and windows will be reinstated.

A range of associated ancillary Grade II Listed Buildings will be altered / extended and converted for commercial and residential use. The Coach House and Stables will be partially converted to a wedding/special functions venue with three guest suites at first floor level; the Old Dairy will be converted to a dwelling; the Pigeon House to guest accommodation; a second Coach House converted to a dwelling / guest accommodation and the potting sheds to a dwelling. Page No 57

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

RECENT (LB) HISTORY

P/2006/0548 The Granary, Iscoyd Park – Listed Building Consent for alterations in connection with upgrading of existing vacant units to form staff canteen and offices. Granted 27.12.06. P/2006/0547 The Granary, Iscoyd Park – LBC for alterations in connection with upgrading of existing vacant units to form staff canteen and offices. Granted 23.6.06. P/2006/0728 Park Pre-School, Unit 3, Iscoyd Park – LBC for internal and external alterations. Granted 1.9.06. CB/1429 Unit 3, Iscoyd Park – LBC for installation of new window and door. Granted 8.9.97. CB0191 The Old Laundry House, Iscoyd Park – LBC for change of use and alterations to form dwelling. Granted 4.7.96.

DEVELOPMENT PLAN

Grade II* Listed house and ancillary Grade II listed outbuildings located within open countryside and a Special Landscape Area. Policies, PS1, PS2, GDP1, EC5, EC6, EC9 and H3 refer.

CONSULTATIONS

Community Council: Support application providing that problems of water supply are addressed and no firework displays. Local Member: Notified 20.2.09. Wrexham Area Civic Soc: Consulted 20.2.09. RCAHMW: No objections but photographic survey should be requested. Flintshire Historical Soc: Consulted 20.2.09. Denbighshire Historical Soc: Consulted 20.2.09. SPAB: Consulted 4.3.09. Georgian Group: Consulted 4.3.09. Victorian Society: Consulted 4.3.09. Other Representations: Three letters of support on the basis of creation of increased employment opportunities and will ensure the long-term preservation of the building. Three letters received which relate to the planning merits and not to listed building issues (see previous report. Site Notice: Expired 24.03.09 Press Notice: Expired 3.4.09. Page No 58

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

SPECIAL CONSIDERATIONS/ISSUES

Impact on Listed Buildings

Main House: Main works are to enable the library wing (ground floor) to be made habitable once again and to carry out limited demolition. This will involve removing later ad hoc external additions and internal sub-divisions with alterations that will provide habitable ancillary accommodation accessible to the rest of the house, whilst helping to restore the integrity of the original buildings. Windows will be reinstated.

Ancillary Buildings: The majority of the ancillary buildings are listed as Grade II.

Coach House and Stables: The substantial building will be converted to a wedding/special functions venue with guest accommodation at first floor (3 units). The proposal involves an extension to provide a kitchen to the rear and running parallel to the main buildings and a connecting section between the main building facing the main house and the stables to the rear. There is visual evidence that a link previously existed. The scale of the extensions and the design and the proposed conversion of the existing buildings is sympathetic and I am satisfied that the historical integrity of the building will not be compromised whilst ensuring an important building’s long-term preservation. The commercial enterprise will also help ensure the long-term preservation of the Main House.

Old Dairy: The Old Dairy will be converted at ground floor to four guest suites which would be accessible for disabled users. A small rear extension will be demolished and an extension across the footprint of former attached building. A two-storey element will be retained to the gable elevation close to the main house, which aesthetically is important in terms of the character of the relationship between the Main House and the Old Dairy. Whilst the remainder is single-storey with a flat roof, and parapet walls views would be restricted d to a high wall around the service area to the rear of the building. Whilst causing limited aesthetic harm the buildings reuse will further aid the commercial enterprise whilst ensuring the long-term future of another important building.

Coach House (n/w boundary) and Pigeon House Accommodation: Both buildings will provide additional residential accommodation. The conversion schemes are sympathetic and involve minimal alteration. I am satisfied the integrity of the Listed Buildings will not be compromised.

Potting shed (not listed but curtilage listed protection): Reinstatement to substantially the original form is acceptable with a condition restricting the curtilage. Scale, form and general detail of the proposal is acceptable as it reflects the original horticultural use. Page No 59

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 Conclusion: The proposed works and alterations to the Main House and ancillary buildings are sympathetic to the character of the buildings and in the context of the relationship between the buildings. Conditions will ensure the detail is acceptable and the integrity of the buildings is not compromised.

I am, however, awaiting additional detailed drawings and I will report any additional information on the addendum and any additional conditions.

The commercial element will ensure viable uses for the buildings and help ensure the long-term preservations of important ancillary buildings and the Main House.

My recommendation is in two parts.

RECOMMDATION A

That the Welsh Assembly Government be advised that Wrexham County Borough Council is disposed to grant Listed Building Consent in accordance with Article 3 of the Planning (Listed Building and Conservation Area) Regulations 1990 subject to the conditions specified below:-

CONDITION(S)

1. The works hereby granted consent shall be begun before the expiry of five years from the date of this consent. 2. No part of the development shall be commenced until samples of all external facing and roofing materials have been submitted to and approved in writing by the Local Planning Authority. The development shall only be carried out in strict accordance with such details as are approved. 3. All new and replacement rainwater goods shall be cast iron. 4. Before they are installed on the development, full details of all new and replacement windows (including rooflights) and doors and railings shall be submitted for the further approval of the Local Planning Authority. The works as approved shall be carried out strictly in accordance with the details as approved. 5. The development shall only be carried out in strict conformity with the details shown on the approved drawing(s) numbered @@@@@ and in the application documentation. 6. Development shall not begin until an appropriate photographic survey of the existing buildings (internal and external) on the site has been carried out in accordance with details to be submitted to, and approved by, the Local Planning Authority. The resulting photographs should be deposited with the Royal Commission on the Ancient and Historical Monuments of Wales, Plas Crug, Aberystwyth, Ceredigion, SY23 1NJ. 7. Prior to the commencement of any works to the Pigeon House, full details of:- - the extent and means of drylining and the new ceiling to the underside of the roof; - details of the new staircase; and - full details of the gallery floor, Page No 60

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 shall be submitted, in writing, for the further approval of the Local Planning Authority. The works as approved shall be carried out strictly in accordance with the details as approved. 8. Prior to the commencement of any works to the Old Coach House and Stables, sectional drawings of the new kitchen block and link block to show construction details shall be submitted in writing for the further approval of the Local Planning Authority. The works as approved shall be carried out strictly in accordance with the details as approved. 9. Details of the extent of re-pointing and mortar mix shall be agreed on site and subsequently submitted, in writing, for the further approval of the Local Planning Authority, before work starts on each individual building the subject of this consent. Works shall only be carried out strictly in accordance with the details as approved. 10. All rainwater gullies shall be clay, with cast iron gratings, cast iron manholes and cast iron inspection covers unless otherwise agreed, in writing, with the Local Planning Authority. 11. Notwithstanding the approved documentation, prior to the commencement of development, a schedule of internal works for the Main House shall be submitted for the further approval of the Local Planning Authority. The schedule, to be accompanied by a fully annotated plan, shall indicate the extent of and date of fabric affected by the changes and to include works to cornices, plasterwork, floor etc. The survey report shall also include full details of all new and replacement works proposed. Works shall only be carried out strictly in accordance with details as approved by the Local Planning Authority. 12. Prior to commencement of work to the Coach House full details of: - dormers to include sectional details - replacement/retained timber flooring on the first floor, shall be submitted in writing for the further approval of the Local Planning Authority. The works, as approved, shall be carried out strictly in accordance with the details as approved.

REASON(S)

1. To comply with Section 18 of the Planning (Listed Building and Conservation Areas) Act 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To ensure the works reflect the character and appearance of the building. 4. To ensure the works reflect the character and appearance of the building. 5. To ensure the works reflect the character and appearance of the Listed Building. 6. To maintain a record of the listed building. 7. To ensure the development is carried out in a manner that reflects the existing character and appearance of the Listed Building. 8. To ensure the development is carried out in a manner that reflects the existing character and appearance of the Listed Building. Page No 61

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 9. To ensure the development is carried out in a manner that reflects the existing character and appearance of the Listed Building. 10. To ensure the development is carried out in a manner that reflects the existing character and appearance of the site. 11. To ensure the internal character and integrity of the listed building. 12. To ensure the development is carried out in a manner that reflects the existing character and appearance of the Listed Building.

RECOMMENDATION B

That the Chief Planning Officer be authorised to issue the appropriate certificate forthwith if the Welsh Assembly Government refers the application back to the Council for determination.

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REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

APPLICATION NO: LOCATION: DATE RECEIVED: P/2009 /0154 10 ERW DEG ACREFAIR WREXHAM 27/02/2009

DESCRIPTION: COMMUNITY: TWO-STOREY SIDE EXTENSION CASE OFFICER: Cefn CB APPLICANT(S) NAME: MR ALISTAIR BURNETT WARD: AGENT NAME: Cefn MR ALISTAIR BURNETT

______

REVISED APPLICATION

Members will recall that the applicant spoke at the April Committee and it was agreed that he should be offered one month to amend the plans to overcome the objections due to the impact upon the neighbouring property (see the plan below). The second storey has now been removed from the rear section and thus the impact upon the neighbour has been significantly reduced. The ground floor kitchen and first floor bathroom window on the rear elevation of 9 Erw Deg would not be significantly affected by the amended proposal, because it would not extend beyond the shadow of the existing property.

A copy of the amended plans have been given to 9 Erw Deg. Since no adverse comments were received on the original scheme and the impacts are significantly less, I do not believe there is any further requirement to republicise, Accordingly, the recommendation is now revised to one for approval.

My original report is reproduced below with a revised recommendation. Page No 63

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

THE SITE

Proposed Extension (2 storey) 9

45o BRE 100 Test

Existing Conservatory This section reduced to single storey.

The site consists of a semi detached property situated off a cul de sac.

PROPOSAL

As above.

HISTORY

None relevant.

DEVELOPMENT PLAN

Within settlement limit policy GDP1 relevant and LPG 20: House Extensions and 21: Space around Dwellings.

CONSULTATIONS

Local Members: Notified 2/3/2009 Community Council: Supports application Adjacent occupiers: Notified 23/3/2009 Highways: No objections, recommended conditions Site Notice: Expired 13th March 2009 Page No 64

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 SPECIAL CONSIDERATIONS/ISSUES

Main Issues: This application has been put forward to Committee because the Community Council supports the application and this is contrary to the recommendation.

The two main issues regarding the proposal are as follows: 1) The scale and design of the proposed extension and the impact in terms of loss of light, overshadowing to the adjacent property and the impact on the character of the existing property; 2) The reduction in parking from 3 to 2 spaces for a potentially four bedroom property.

Design and Scale: The proposal would involve a large projecting gable, front and side extension.

Local Planning Guidance Note 20 House Extensions states that “Front Extensions will clearly impact on the street scene and will rarely be acceptable. Front extensions must be sympathetic to the form, scale, proportion and design of the dwelling and the neighbouring properties.

Although the front extension element of the proposal benefits from its set back position, within the street scene, the design of protruding gable and width would over dominate the frontage of the existing house.

Amenity and Daylight: The position of the property in relation to 9 Erw Deg and the street scene is significantly different because the houses are situated in a stepped layout. The proposal would fail both the horizontal and vertical test in terms of the 45o BRE standards adopted by the Council to the habitable room windows of the adjacent property of no.9 Erw Deg. The extension would also cause overshadowing to a private patio garden area immediately outside the house.

Parking: The parking provision of this property would be reduced from three spaces to two, which is below the maximum requirement of LPG Note 16: Parking Standards. The provision of two vehicle parking spaces is considered adequate in this location.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission. 2. No facing materials shall be used other than materials matching those used on the existing building. 3. The development shall only be carried out in accordance with the amended plan(s) numbered 243/1, 243/2 and 243/3. Page No 65

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

REASON(S)

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

APPLICATION NO: LOCATION: DATE RECEIVED: P/2009 /0159 MILL MOUNT FRANCIS LANE HOLT 02/03/2009 WREXHAM

COMMUNITY: DESCRIPTION: CASE OFFICER: Holt DEMOLITION AND EXTENSION TO PF DWELLING

WARD: APPLICANT(S) NAME: AGENT NAME: Holt MR MARK WREN PEAK ARCHITECTURAL MR PAUL KENT

______

THE SITE

SITE

Proposed extension footprint

PROPOSAL

As above.

HISTORY

6/22431 Demolition of outbuildings and erection of extension to dwelling. Granted 29.06.1994 Page No 67

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 DEVELOPMENT PLAN

Outside settlement limit. Policies PS2, GDP1, Local Planning Guidance Notes 20 and 13 apply.

CONSULTATIONS

Community Council: Consulted 02.03.2009 Local Member: Notified 02.03.2009 CCW: Object. The application contains insufficient information to assess the potential impact upon protected species. Other representations: 3 neighbouring occupiers notified 10.03.2009

SPECIAL CONSIDERATIONS / ISSUES

Design and amenity: This proposal seeks to remove a small projecting extension to the rear of the dwelling and replace with a larger ground floor extension to include a balcony area on the roof. External access is proposed via steps. The orientation of the dwelling means it sits within close proximity to the boundary with the new dwellings on Millfield. I have sought amended plans from the applicant to address the potential for overlooking from this balcony area – to include the provision of screens and the relocation of the external access steps.

Ecology: CCW have responded to this application on the basis that the site may support species of bird or mammal, which are protected by law. I am not aware of any specific evidence to suggest that the dwelling is occupied by such species. The removal of a section of the building could be carried out without the need for planning permission and as such outside the scope of planning control. The proposals do not interfere with the eaves of the existing building and as such it is my opinion that to request detailed surveying of the site is unnecessary.

However, the fact remains that it is a criminal offence to interfere with any protected species, and should a presence be found the applicant should be reminded to cease work and consult a suitably qualified ecologist.

Conclusion: I am satisfied that the scale of the development will not have an adverse impact upon the character of the dwelling nor the openness of the rural location. Subject to amended plans to address any privacy concerns and a note to applicant in relation to issues of ecology I recommend as follows.

RECOMMENDATION A

Should no amended plans be submitted to address the privacy issues identified in the above report, the application be REFUSED for the following reason:- Page No 68

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 REASON(S)

1. The proposal, by virtue of its position in relation to the boundary and the inclusion of a balcony would lead to an adverse loss of privacy for the occupiers of the adjoining properties. As such the proposal would be contrary to the provisions of policy GDP1 of the Wrexham Unitary Development Plan 2005 and Local Planning Guidance Note 20 – House Extensions.

RECOMMENDATION B Should the applicant submit amended plans addressing the privacy issues addressed in the above report, the application be GRANTED subject to the following conditions:-

CONDITION(S) 1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission. 2. No facing materials shall be used other than materials matching those used on the existing building. 3. Development shall only be carried out in strict accordance with the approved plans unless the prior written approval of the Local Planning Authority has been obtained.

REASON(S) 1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To ensure that the development fully complies with the appropriate policies and standards.

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

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

The applicant is reminded that the building may contain bat roosts or nesting birds. Any unauthorised interference may result in prosecution. Should any protected species be found, no work should commence/continue and the advice of a qualified ecological consultant be sought. Page No 69

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 ______Page No 70

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

APPLICATION NO: LOCATION: DATE RECEIVED: P/2009 /0172 MEADOW VIEW BROAD LANE 04/03/2009 ROSSETT WREXHAM

COMMUNITY: DESCRIPTION: CASE OFFICER: Rossett ERECTION OF RANCH RAIL PF FENCING TO FRONT PROPERTY BOUNDARY (IN RETROSPECT). WARD: AGENT NAME: Rossett APPLICANT(S) NAME: MRS KAREN LOMMANO MRS KAREN LOMMANO

______

THE SITE

SITE Thick line denotes line of fence

PROPOSAL

As above.

HISTORY

6/2273 Erection of 4 no. detached houses and construction of new P/2006/1154 Extension and alterations. Granted 06.11.2006 Page No 71

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 DEVELOPMENT PLAN

Outside settlement limit. Policies PS2, GDP1 and EC5 refer.

CONSULTATIONS

Community Council: Consulted 04.03.2009 Local Member: Notified 04.03.2009 Highways: No objection subject to lowering of fence. Other representations: 2 neighbouring occupiers notified. 1 letter of representation received raising the following points:  Specific constraints have been previously violated. Most recent works have had the biggest impact thus creating an unbalance and change of character.  Height of fence should be reduced to 1 metre.  Side fence should be reduced in height. Site Notice: Expired 30.03.2009

SPECIAL CONSIDERATIONS / ISSUES

Design: The fence is in situ, therefore this application is made in retrospect. It is made up of post and rails and is open in its design, more akin to a stock proof fence. The top rail is currently 1.18m high but the posts are significantly higher. It is proposed to remove the gates which were installed to allow vehicles to turn in without obstructing the highway.

Photos showing the frontage of the site (NB gates are now removed)

The main issue to consider is the impact of the openness of the site. The original planning permission for the dwelling granted in the late 1970s restricted the erection of any structures further forward than the dwelling. However, since this time a number of dwellings along Broad Lane have erected fences without causing undue harm to the character of the streetscene. A similar application at the neighbouring property (Raven Oak) was granted planning permission in 2008.

Highway safety: Highways have no objection to the proposal subject to the reduction in the height of the fence to 1 metre. The fence forming the Page No 72

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 boundaries with Raven Oak and Burton should also be reduced to 1 metre in height measured a distance 1 metre from the highway boundary to maintain access visibility.

Conclusion: I am satisfied that the fence does not cause any undue harm to the character of the street scene, and, subject to amendments to the height will be satisfactory in terms of highway safety. As such I recommend accordingly subject to appropriate conditions.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. Within one month of the date of this permission the height of the fence along the full frontage of the site and along the boundaries with Raven Oak and Burton for a distance of 1 metre back from the nearside edge footway shall be lowered to a maximum of one metre in height and shall thereafter be retained not exceeding this height 2. Within a distance of 1 metre measured from the nearside edge of the adjoining footway across the frontage of the property there shall be no obstruction in excess of 1 metre in height. The strip shall be retained free of such obstruction thereafter. 3. No gates shall be erected at the vehicular access.

REASON(S)

1. To ensure that adequate visibility is provided at the proposed point of access to the highway. 2. To ensure that adequate visibility is provided at the proposed point of access to the highway. 3. In the interests of highway safety.

NOTE(S) TO APPLICANT

For the avoidance of doubt, in connection with Condition 1 above, the reduction of the fence height shall include the tops of the fence and gate posts. ______Page No 73

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

APPLICATION NO: LOCATION: DATE RECEIVED: P/2009 /0184 5 FFORDD HENDRE WREXHAM 09/03/2009

DESCRIPTION: COMMUNITY: TWO STOREY EXTENSION TO SIDE CASE OFFICER: Offa OF DWELLING AND SINGLE PF STOREY EXTENSION TO REAR OF DWELLING WARD: AGENT NAME: Erddig APPLICANT(S) NAME: BLUE PRINT MR N HUSBANDS

______

THE SITE

Footprint of extensions

SITE

PROPOSAL

The proposal is made up of a first floor extension above the existing garage with a single storey extension across the full width of the rear of the dwelling. The existing fully glazed conservatory is proposed to be re used and attached to the rear of the extension.

HISTORY

None. Page No 74

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

DEVELOPMENT PLAN

Within settlement. Policies PS2, GDP1 and Local Planning Guidance Notes 20 – House Extensions (LPG20) and 16 – Parking Standards (LPG16) apply.

CONSULTATIONS

Community Council: No comments Local Member: Notified 09.03.2009 Other representations: 4 neighbouring occupiers notified. 2 letters of representation received raising the following concerns:  The loss of view between 3 and 5 Ffordd Hendre.  The proposal will look like a terraced house.  would give appearance of semi- detached property.  Considerably reduce the market value of the dwelling. Site Notice: Expired 03.04.2009

SPECIAL CONSIDERATIONS / ISSUES

Design and amenity: The site consists of a single dwelling with an integral garage to the side. The garage is attached to the neighbouring property by way of lead flashing. The neighbouring property is set back by approximately 3.4 metres as shown in the photograph below.

Front/side extension

The main issue to consider is the impact of the extension upon the streetscene given the proximity to the neighbouring dwelling and the dwelling being set further forward. The design of the first floor extension is in accordance with LPG20, being set back and lower down. The extension has been set back slightly from the frontage of No. 3 Ffordd Hendre in order to give a visual break in the resulting frontage.

I acknowledge the points raised in LPG20 relating to the terracing effect. In this case it is my opinion that the staggered nature of the dwelling in relation to No. 3 Ffordd Hendre reduces the potential terracing effect. Although the extension will appear as a continuation of the neighbouring dwelling, the step in the frontage and the subsidiary nature of the extension will mitigate a detrimental impact. Page No 75

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

No 3 Site

Site viewed from Ffordd Hendre

Rear extension

The proposed extensions to the rear stretch across the full width of the dwelling. Because No. 3 Ffordd Hendre is stepped back and the presence of a two storey extension on the rear of No. 7 Ffordd Hendre, I am satisfied that the proposal will not cause any loss of daylight.

The existing conservatory is proposed to be reused. As glazing is present on all elevations I have concerns that potential overlooking into the garden area of No. 7 Ffordd Hendre may occur. I have explored with applicant’s agent the possibility of amending the existing boundary structure to act as a privacy screen. A single storey extension has recently been constructed to the rear of No. 3 Ffordd Hendre. I am satisfied that there will be no loss of privacy.

Other issues: Parking provision at the site is in accordance with the maximum requirements of LPG16. Issues of property value cannot be considered as material when determining a planning application neither can the direct loss of a view for neighbouring occupiers.

Conclusion: I am satisfied that the design of this proposal can be justified in terms of the guidance set out in LPG20 without causing significant harm to the character of the dwelling, streetscene or the amenity of the neighbouring occupiers. As such I recommend accordingly. 009 /0184 RECOMMENDATION: That permission be GRANTED

CONDITION(S)

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 4. Between points A and B marked in red on the approved plan the existing close boarded fence shall be increased in height to 1.75 metres measured above the finished floor level of the approved conservatory. The fence shall be permanently retained in this condition.

REASON(S)

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.

· 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.

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 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.

______Page No 78

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

APPLICATION NO: LOCATION: DATE RECEIVED: P/2009 /0188 19 BRYMBO ROAD BWLCHGWYN 10/03/2009 WREXHAM

COMMUNITY: DESCRIPTION: CASE OFFICER: Brymbo TWO STOREY EXTENSION TO LB1 REAR OF PROPERTY

WARD: APPLICANT(S) NAME: AGENT NAME: Minera MR ADAM SPIBY MR ADAM SPIBY

______

SITE

Proposed rear extension.

PROPOSAL

As above.

HISTORY

P/2005/1426 Two-storey rear extension, refused 31/1/06 due to adverse impact on neighbouring property. Page No 79

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 DEVELOPMENT PLAN

Within settlement limit, GDP1, PS2, LPGN 20 apply.

CONSULTATIONS

Community Council: Consulted 11/03/09 Local Member: Consulted 11/03/09 Other representations: One letter of objection received raising the following points:  Have concerns of the effect the proposed extension will have on the light entering the neighbouring property.  Will reduce light entering the kitchen and the lounge even though it is decreased from the previous application.  If application be granted would ask that consideration to the colour of the render of the proposed extension to allow as much light as possible to enter the neighbouring property, for instance white render would increase light reflected through the windows. Site Notice: Expired 02/04/09

SPECIAL CONSIDERATIONS

Background: The site currently has a single storey rear extension. There are a variety of single and two storey extensions on the other properties in the terrace. The previous application was for a similar two storey rear extension, although the first floor element was larger, extending the full width of the house and would protrude the same length as the single storey extension.

The neighbouring property (No. 18) has a two-storey extension which covers almost two thirds of the rear elevation of the property, there is a gap of approximately 1m between this extension and the boundary with No. 19. No. 18 has a side facing ground floor kitchen extension and a dining room/lounge window in the rear elevation of the original dwelling.

The property to the other side, No.20 has a single storey rear extension abutting the boundary with No. 19.

The previous extension was refused on the grounds that the first floor element of the proposal would have a detrimental impact in terms of loss of light to the windows in the neighbouring property (No. 18).

Current Proposal: The current application does not alter the single storey element of the previous application, which simply replaces the existing single storey extension. The first floor element has been reduced in width so that it Page No 80

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 is now approximately half the width of the single storey extension and 1.5m shorter.

The proposal passes the BRE tests in relation to the neighbouring property (No. 18) and will not have an adverse impact on the amount of daylight to the windows. The proposal is much reduced from that which was refused and I am satisfied it will not adversely affect the neighbouring property.

The design of the extension is in keeping with the existing building and is similar to that on other properties in the terrace. There are no properties to the rear that will be affected by the proposal and the extension passes the BRE tests in relation to the other adjoining property (No. 20).

It is proposed that the extension be rendered, the current single storey extension is light grey in colour to complement the stone of the existing property. Whilst a lighter colour such as white may reflect more light into the neighbouring property I consider this would be incongruous with the existing building and would not be appropriate. I am satisfied that there would be no adverse impact on the neighbouring properties.

Conclusion: The proposed extension will not have an adverse impact on the neighbouring properties and I therefore recommend accordingly.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission. 2. No facing materials shall be used other than materials matching those used on the existing building. 3. Development shall only be carried out in strict accordance with the approved plans unless the prior written approval of the Local Planning Authority has been obtained.

REASON(S)

NOTE(S) TO APPLICANT

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 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.

______Page No 83

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

APPLICATION NO: LOCATION: DATE RECEIVED: P/2009 /0201 THE VICARAGE CHURCH ROAD 12/03/2009 MINERA WREXHAM

COMMUNITY: DESCRIPTION: CASE OFFICER: Minera IMPROVEMENTS TO EXISTING MP VEHICULAR ACCESS

WARD: APPLICANT(S) NAME: AGENT NAME: Minera THE CHURCH IN WALES MR DEWI THOMAS

______

THE SITE

As above.

Approximate extent of increased access

PROPOSAL

The applicant is seeking to increase the width of the existing access. The amended plans reduce the increase to one metre (original proposal was increase of 4.7m)

HISTORY

None. Page No 84

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

DEVELOPMENT PLAN

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

CONSULTATIONS

Community Council: Notified 12.3.09 Local Member: Notified 12.3.09 Access Group: Notified 12.3.09 Highways: There is currently no turning within the site, visibility is below standard and access is restricted in width. Proposed access improvements will enhance visibility and permit turning within the site. Recommend conditions. Other representations: 1 letter of objection received expressing the following concerns:  if more parking needed, by all means create it within boundary;  strongly oppose destruction of ancient dry stone wall that is the front boundary of site and adjoining property;  with a bit of common sense car can park and leave without creating an awful open plan look;  dry stone wall is part of the character of the village and should not be destroyed unnecessarily. Site Notice: Expired 8.4.09

SPECIAL CONSIDERATIONS / ISSUES

Background: The Council has control over the demolition of boundary walls adjacent to highways in Conservation Areas that are 1 metre in height or above. The demolition of walls adjacent to highways that are less than 1 metre in height does not require Conservation Area consent. The existing wall is between 50cm and 60cm high, therefore the refusal of planning permission for alterations to the access would not prevent the applicant from being able to remove the wall.

The alterations to the driveway/parking area (i.e. creating an enlarged hard surfaced area) is permitted development meaning the applicant could also carry out these works irrespective of the outcome of this application. I note Highways are supportive of the enlarged hard surfaced area as will allow vehicles to turn within the site thus being of benefit to highway safety. The only part of the proposals shown on the plans submitted by the applicant that requires planning permission is therefore the alteration of the existing access.

Visual impact: Notwithstanding the ability of the applicant to remove the wall, stone walls are a common boundary feature elsewhere in the Conservation Page No 85

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 Area. The original plans indicated that the access would be more than doubled in width, creating a substantial opening far wider than other domestic accesses in the locality and would have had a significant visual impact. The scheme was therefore amended to take account of these concerns.

The amended plans now propose a much smaller increase in the width of the access – from 3.1m at present to 4.1 metres. The existing stone wall will also be retained, with only a small section being removed to allow the alterations to the access. The materials removed will be used to build a new section of wall along the radius of the entrance.

I accept the removal of the existing trees/hedge adjacent to the highway will improve visibility and therefore raise no objection to this subject to there being some new planting within the site.

Conclusion: I am satisfied the amendments accord with GDP1, both in terms of acceptable visual impact as well as improving the safety of the existing access and will preserve the appearance of the Conservation Area. P/2009 /0201

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission. 2. Within six months of the first use of the development, or other such time as may be agreed in writing by the Local Planning Authority, trees and shrubs shall be planted on the site in accordance with a scheme which has been submitted to and approved by the Local Planning Authority. Any trees or shrubs removed, dying, being severely damaged, or becoming seriously diseased within five years of planting shall be replaced by trees or shrubs of a similar size and species to those originally required to be planted. 3. The vehicle parking and turning areas indicated on the approved plans shall be laid out, surfaced and drained prior to the first use of the building hereby granted and shall thereafter be retained for those purposes. 4. The access shall be hard surfaced for a distance of 5m behind the highway boundary before the development is brought into use. 5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no gate or other barrier shall be erected across the access within 5 metres of the boundary of the highway. 6. Following completion of the development, there shall be no discharge of surface water from any part of the site onto the highway or highway drainage system. 7. Within one month of the date of the commencement of works to widen the access, the boundary wall shall be completed in accordance with the details shown on the approved plans, unless otherwise agreed in writing by the Local Planning Authority. The wall shall not exceed 1 metre in height, as measured from the ground level upon which it stands, at any point Page No 86

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 3. To provide for 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. 4. To ensure that no deleterious material is carried onto the highway, in the interests of highway safety. 5. In the interests of highway safety. 6. In the interests of highway safety. 7. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area.

NOTE(S) TO APPLICANT

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

______Page No 87

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

APPLICATION NO: LOCATION: DATE RECEIVED: P/2009 /0202 LAND ADJACENT TO 69 CAER HAF 12/03/2009 SUMMERHILL WREXHAM

COMMUNITY: DESCRIPTION: CASE OFFICER: Gwersyllt OUTLINE APPLICATION FOR SJG ERECTION OF SINGLE RESIDENTIAL DWELLING. WARD: AGENT NAME: Gwersyllt North APPLICANT(S) NAME: MILES DESIGN & MR G SPEED CONSTRUCTION LTD MR S H MILES

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THE SITE

The site is at the end of the cul-de-sac.

PROPOSAL

As above.

The application includes all the details that would be required for a full application, with the exception of levels and a cross-section. The dwelling Page No 88

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 shown is a 2-bed bungalow similar to others in the road, with a parking area to the front and small rear garden.

RELEVANT HISTORY

6/15144 Incorporation of play area into garden. Granted 16/5/1988

DEVELOPMENT PLAN

Within settlement limits. Policies H2 T8 and GDP1 of UDP are relevant, together with LPGN 16 and 21.

CONSULTATIONS

Gwersyllt C Council: No observations or comments Local Member: Consulted 12/3/2009 Highways: No objections in principle but request revised plans to show correct line of highway and footway. Public Protection: Comments re construction hours and drainage Environment Agency: Standard advice applies Welsh Water: Recommend conditions Site Notice: Expired 3/4/2009 Other representations: 1 objection received, on grounds of: a. Proposal will add to existing parking problems at the end of the cul-de-sac, preventing turning of vehicles (photographs supplied) b. Additional load on inadequate sewers c. Adverse impact on outlook and amenity of surrounding dwellings. d. Adverse ground conditions in locality 1 letter of concern received: a. a. dwelling should be single storeys b. problems with the sewers in the area c. Question adequacy of parking provision

SPECIAL CONSIDERATIONS/ ISSUES

Residential amenity: The building has a similar rear wall alignment to the existing garage and the adjoining dwelling. The dwellings 25 metres to the east are at a much lower level. As the property is a bungalow, it is considered that the issue of separation distances is acceptable in this case. The large garage directly to the rear of the site would act as a significant screen. The existing dwelling is only some 19 m from the dwelling opposite and 30 Caer Haf is already forward of that line of buildings. Thus the new dwelling would need to be set back behind 69. This is shown on the revised plan but given the reduced standard next door and the fact that the buildings are bungalows, it may be appropriate to consider some flexibility when the details are being considered. Page No 89

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 Parking: Adequate parking is provided for the existing and the proposed dwelling. The objection refers to parking problems at the end of the cul-de- sac, which are not controlled by planning law.

Drainage: Revised plans to show the correct line of the footway have been received. The agent states that drainage will be connected to the existing drains at 69 Caer Haf. A condition is proposed requiring submission and approval of a scheme of drainage.

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 thereby approved. 3. The development hereby permitted shall be begun before the expiry of five years from the date of this permission or two years from the date of approval of the last of the reserved matters required to be approved, whichever is the later. 4. Vehicle parking and turning facilities shall be provided within the curtilage of the site in accordance with details to be submitted for further approval. Such facilities shall be made available for those purposes prior to the first occupation of the building(s) hereby permitted and shall thereafter be retained. 5. No development shall take place until a scheme of foul drainage and surface water drainage has been submitted to and approved by the Local Planning Authority. The approved scheme shall be complete before the development is occupied 6. The dwelling shall be single storey only 7. The application for approval of reserved matters shall include full details of the floor levels of the proposal, 30 Caer Haf and Stanley House, Bottom Road and a cross section between those properties.

REASON(S)

1. To comply with the provisions of the Town and Country Planning (General Development Procedure) Order, 1995 (as amended). 2. To comply with Section 92 of the Town and Country Planning Act, 1990. Page No 90

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 3. To comply with Section 92 of the Town and Country Planning Act, 1990. 4. To provide for the loading, unloading, parking and turning of vehicles clear of the highway and to ensure that reversing by vehicles into or from the highway is rendered unnecessary in the interest of traffic safety. 5. To ensure satisfactory drainage of the site and to avoid flooding. 6. To ensure a satisfactory standard of appearance of the development in the interests of the visual amenities of the area. 7. to allow the impacts upon the properties to be properly assessed

NOTE(S) TO APPLICANT

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes.

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

You are advised that the submitted sketch plan has been considered for illustration purposes only.

Please note the attached comments from Welsh Water and Public Protection ______Page No 92

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

APPLICATION NO: LOCATION: DATE RECEIVED: P/2009 /0214 37 HOLYROOD CRESCENT 16/03/2009 WREXHAM

COMMUNITY: DESCRIPTION: CASE OFFICER: Rhosddu CHANGE OF USE FROM OFFICE TO MP CLASS A1 RETAIL USE

WARD: APPLICANT(S) NAME: AGENT NAME: Stansty MRS DIANE HEARN DANCING DANCING PHOENIX PHOENIX CRAFTS CRAFTS MRS DIANE HEARN

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THE SITE

The application site is one of 3 small commercial units located at the junction of Holyrood Crescent and East Avenue.

Allocated parking space

Proposed shop

PROPOSAL

The permitted use of the property is as an office for a contract cleaning business which falls within class B1. Page No 93

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 HISTORY

P/2001/0576 Change of use to fast food outlet. Refused 30.7.2001 P/2001/1133 Change of use to motorcycle training school, administration & garaging of motorcycles (all training off site / public highway). Granted 24.1.2001 P/2002/1236 Change of use to office for contract cleaning. Granted 13.1.2003 P/2008/1247 Change of use of vacant shop to bookmakers. Withdrawn.

DEVELOPMENT PLAN

Within settlement. Policies GDP1, S6 and T8 apply.

CONSULTATIONS

Community Council: Notified 16.3.09 Local Member: No problem with application. Highways: No recommendations on highway grounds. Access Group: Notified 16.3.09 Other representations: 1 letter of objection expressing the following concerns:  Insufficient parking;  Vehicles visiting Express Auto Parts (adjoining) park on the pavement and half of the road;  Owner of property is proprietor of Stay Clean Services, which operates from an office to the rear of 37. His vehicles still visit this ‘depot’. There is no car park in the vicinity of this address and the over spill will hamper parking for residents of East Avenue and their family visitors;  Already have problems with vehicles outside Bargain Booze and the dog dipping establishment opposite on East Avenue. Site Notice: Expired 8.4.09

SPECIAL CONSIDERATIONS / ISSUES

Policy: Policy S6 allows for small scale retail developments within settlement limits where the following criteria is met:

 The development is safely accessible for customers on foot;  The development will not harm residential amenity and/or does not give rise to traffic problems e.g. on street parking that cannot be addressed;  The sales floor area does not exceed 300 square metres. Page No 94

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

Taking these in turn: a) Accessibility on foot

The site is located in a residential area where there are dedicated footways alongside the highway linking to the locality as well as permitting pedestrian access from further afield (e.g. the town centre). I am satisfied the site is easily and safely accessible to pedestrians; b) Amenity and parking

The use is unlikely to give rise to a significantly greater level of disturbance than the currently permitted use. With regards to parking Local Planning Guidance Note would allow for a maximum of 4 spaces for the use, based on its floor area. There is a parking area adjacent to the building/the boundary with 27 East Avenue capable of accommodating around 3 vehicles, although the applicant has confirmed only 1 space will be allocated for use by the shop. The road immediately in front of the premises effectively provides short stay parking for the site and the adjoining commercial/retail properties. I believe there should be sufficient space to cater for the shop without it resulting in significant additional parking along East Avenue or Holyrood Crescent.

It is worth noting that permitted use of the property was as a shop until at least 2003 when permission was granted to turn change it into an office. I am unaware of any material change in circumstances that would make the operation of a small retail business from the premises any less acceptable than would have been the case prior to 2003. c) Sales floor area

The building has a total floor area of around 60 square metres.

Other issues: I am fully aware of the fact that the owner/operator of the contract cleaning business continues to operate from the site but is now based in the garage to the rear of the premises, which is used as a small office and store. As the permitted use of the whole site (main building and garage) is currently as an office for this business there can be no planning reason not to allow that use to continue in part of the property. Given the limited size of the garage, it is unlikely that using it independently will cause significant amenity of parking problems.

Conclusion: I am satisfied the development accords with the relevant UDP policies. P/2009 /0214 Page No 95

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission. 2. The parking space shown on the approved plans shall be provided prior to the first use of the building for the purpose hereby granted permission. The space shall thereafter be retained for the purpose of parking a vehicle and shall be kept free of all obstruction that would prevent it from being used for that purpose.

REASON(S)

1. To comply with Section 91(3) of the Town and Country Planning Act, 1990. 2. To provide for the parking of vehicles clear of the highway.

NOTE(S) TO APPLICANT

This planning permission does not give consent for the display of signs and advertisements. You are reminded that the display of signs and advertisements may require the benefit of advertisement consent from the Local Planning Authority. You are advised to seek further advice from the Local Planning Authority with regards to signs / advertisements prior to any being displayed / erected. ______Page No 96

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

APPLICATION NO: LOCATION: DATE RECEIVED: P/2009 /0237 CHERRY HILL CHILDRENS DAY 20/03/2009 NURSERY 91 BORRAS PARK ROAD WREXHAM COMMUNITY: CASE OFFICER: Acton DESCRIPTION: SEH CONSTRUCTION OF TEMPORARY NURSERY ACCOMMODATION WARD: AGENT NAME: Borras Park APPLICANT(S) NAME: CHERRY HILL MR STUART RIGBY CHERRY HILL CHILDRENS DAY CHILDRENS DAY NURSERY NURSERY MR STUART RIGBY

______

THE SITE

Cherry Hill is a large property occupying an elevated piece of land.

Approx extent of buffer zone

Proposed unit

PROPOSAL

As Above. Page No 97

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

RELEVANT HISTORY

P/2005/0063 Change of use from C2 use to single residential dwelling. Granted on 24/01/2005. P/2006/0322 Listed Building Consent for change of use from residential care home to children’s’ day nursery and therapy suite.

DEVELOPMENT PLAN

Within settlement limit UDP policies GDP1, PS2, EC9 and EC4 apply. Local Planning Guidance Notes Nos. 16 ‘Parking’ and 17 ‘Trees and Development’ are also relevant. The building is grade 2 listed.

CONSULTATIONS

Community Council: Re-consulted 01/04/2009 Local Member: Re-consulted 01/04/2009 Highways: No objections Public Protection: No observations Welsh Water: No objections subject to recommended conditions Other Representations: One letter received raising the following points:  Intensity of use,  Loss of privacy. Site Notice: Expired 13/04/2009

SPECIAL CONSIDERATIONS/ISSUES

Background: This application is for the temporary siting of a portable office style unit to be used for additional childcare floor area. The proposed unit is of simple design and measures 9.6 metres by 3 metres in floor area, with an external height of 2.6 metres. The unit will be located within the site at a ground level that will ensure that the unit will not exceed the highest point of the rear boundary fence. Visual impact upon the neighbouring dwellings to the rear will therefore be minimal, and as the unit is to be located to the rear of the listed building, again visual impact upon the setting of the listed building will be minimal and the relationship is considered acceptable.

Local Residential Amenity: As the unit is to be located on the existing children’s’ secure play area, concerns have been raised that the children may, as a result of a reduction in the size of this play area, use the area close the low boundary fence directly behind No.8 Daleside Avenue. This will cause noise nuisance and further loss of privacy.

In order to address this concern amended plans have been sought which provide for a buffer between the play area and the boundary fence which will be achieved with the inclusion of a substantial hedge together with post and wire mesh protective fencing. The planting details will be considered as part of the addendum to this report. Page No 98

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 Conclusion: The proposed additional floorspace is acceptable in terms of scale and design and its temporary nature will ensure that no permanent change to the appearance within the curtilage of the listed building would result. The temporary nature of the building will also allow opportunity to monitor the impact upon the residential properties to the rear. The inclusion of a buffer zone along the rear boundary will reduce any noise impact and prevent any substantial loss of privacy, and I recommend accordingly.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The use of the building shall cease and be abandoned before 30th June 2012. The building together with any hard standing, base or slab upon which it stands shall be completely removed and the land restored to its previous condition not later than one month after that date. 2. Development shall only be carried out in strict accordance with the approved plans unless the prior written approval of the Local Planning Authority has been obtained.

REASON(S)

1. Having regard to its design and materials of construction, planning permission would not normally be granted in respect of temporary buildings within the curtilage of the listed building. 2. To ensure that the development fully complies with the appropriate policies and standards. ______Page No 99

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

APPLICATION NO: LOCATION: DATE RECEIVED: P/2009 /0241 LAND TO THE REAR OF 10 12 AND 24/03/2009 14 EPSOM WAY ABENBURY WREXHAM COMMUNITY: CASE OFFICER: Abenbury DESCRIPTION: MP IN-CORPORATION OF OPEN SPACE LAND INTO EXISTING GARDENS WARD: AGENT NAME: Holt APPLICANT(S) NAME: MR K TAYLOR MR K TAYLOR

______

THE SITE

As above.

Application site

PROPOSAL

As above. Page No 100

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

HISTORY

Various planning permissions in connection with redevelopment of former brick works site for housing. No recent history on this site following completion of housing development.

DEVELOPMENT PLAN

Within settlement. Policies GDP1, CLF4 and T9 apply.

CONSULTATIONS

Community Council: No objection. Suggest removal of permitted development rights. Local Member: Notified 25.3.09 Public Protection: No comments. Other representations: 1 comment received; - hope a condition is included that would prohibit any development, especially residential; - plans and layout have been through planning process and any potential intensification would not be acceptable. Site Notice: Expired 20.4.09

SPECIAL CONSIDERATIONS / ISSUES

Policy: CLF4 states the redevelopment of informal open spaces will not be permitted unless:

 Re-development of only a small part of the site would allow the retention and enhancement of that existing facility; or  The long term requirement for the facility has ceased and it would not lead to, or increase an existing shortfall of that facility in the immediate locality; or  The loss can be replaced with an equivalent or greater provision in the immediate locality. Alternative sites should be within settlement limits or, in exceptional circumstances, adjacent to settlement limits provided that associated buildings, lighting, and parking facilities are not intrusive in the landscape and user accessibility is not reduced.

Of the above I consider b) most applicable. There is a significant surplus of informal green space in Caia Community therefore it would not lead to or to the increase of a shortfall. Whilst there is a shortfall of both youth/adult playing field provision and children’s play areas in Caia, the proposals will not increase the shortfall. Due to its size and close relationship with adjacent properties the site is also likely to be unsuitable for use for either. As such I see no conflict with CLF4. Page No 101

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 The inclusion of the land into garden area will have a limited impact upon the visual amenity of the area and will not adversely impact upon the amenity of nearby occupiers and therefore accord with GDP1.

Finally, the development will not prevent the abandoned railway formation, which adjoins the application site, from eventually being converted into a cycleway. The proposals therefore do not conflict with policy T9.

Other issues: I note the comments made by the Community Council, however the application site lies within the settlement limit and will be incorporated into the garden areas of properties that form part of a larger residential development. There is unlikely to be any significant harm in the applicant’s exercising permitted development rights following the grant of planning permission. I therefore do not intend to withdraw or restrict such rights.

Conclusion: The development accords with adopted policies.

RECOMMENDATION: That permission be GRANTED

CONDITION(S)

1. The development hereby permitted shall be begun before the expiry of five years from the date of this permission. 2. Within 3 months of first use of the land subject to this permission as private garden areas a scheme of boundary treatment shall have been implemented in accordance with details that shall first have been submitted to and approved in writing by the Local Planning Authority. 3. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, no extensions or additions to the dwelling shall be built, erected or constructed.

REASON(S)

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

APPLICATION NO: LOCATION: DATE RECEIVED: P/2009 /0260 13 GLASFRYN TERRACE CAEGO 30/03/2009 WREXHAM

COMMUNITY: DESCRIPTION: CASE OFFICER: Broughton ERECTION OF GARAGE (IN PF RETROSPECT)

WARD: APPLICANT(S) NAME: AGENT NAME: New Broughton MR R JONES MR R JONES

______

THE SITE

Hall View Garage SITE

PROPOSAL

As above.

HISTORY

None. Page No 103

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

DEVELOPMENT PLAN

Site within settlement limit. Policies PS2, GDP1 and Local Planning Guidance Note 20 – House Extensions apply.

CONSULTATIONS

Community Council: Object. To allow would set a precedent. Local Member: Notified 30.03.2009 Other representations: 8 neighbouring occupiers notified 03.04.2009 Site Notice: Expired 23.04.2009

SPECIAL CONSIDERATIONS / ISSUES

Design and siting: Glasfryn Terrace is a line of properties fronting on to an unadopted highway. Vehicular access is taken immediately from the unmade roadway. There are a number of other garages fronting onto the road, which are in clear view. I do not consider that this garage is causing any undue harm to the character of the dwelling or surrounding area. Although allowing such a proposal would set some a precedent, any further proposals would be the subject of planning control and if found to be unacceptable would be recommended for refusal.

Photograph of garage submitted with application

Conclusion: I consider that this proposal is acceptable in terms of its scale, position and design. As such I recommend accordingly.

RECOMMENDATION: That permission be GRANTED ______Page No 104

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

LIST OF DELEGATED DECISIONS ISSUED

GRE P/2005/1314 GRESFORD GARAGE CHESTER Residential development (21 no. dwellings) with new WITHDRAWN ROAD GRESFORD WREXHAM LL12 access, parking, bin store and bike store on 22/04/2009 8NT ESC P/2008/0216 ESCLUSHAM HALL LEGACY DEMOLITION AND REPLACEMENT OF EXISTING GRANTED WREXHAM L L14 GARAGE ADJACENT TO HALL. CHANGE OF on 25/03/2009 USE OF OUTBUILDING TO FORM DWELLING AND ERECTION OF SINGLE GARAGE TO SIDE GABLE. CHI P/2008/0569 SEVENTH HEAVEN BEDS CHIRK CHANGE OF USE OF EXISTING WORKROOM GRANTED MILL CHIRK WREXHAM LL14 5BU AND OFFICES TO DWELLING on 17/04/2009 OVE P/2008/0996 LAND OFF WILLOW STREET DEMOLITION OF DISUSED COUNCIL DEPOT GRANTED OVERTON WREXHAM LL13 0EA AND ERECTION OF 4 NO. SEMI-DETACHED on 08/04/2009 DWELLINGS AND GARAGES. PEN P/2008/1051 DOUGLAS HOUSE CHURCH LISTED BUILDING CONSENT FOR EN-SUITE GRANTED STREET PENYCAE WREXHAM LL14 BATHROOM. on 22/04/2009 2RL BRO P/2008/1105 LAND NORTH OF HALFWAY INN ERECTION OF TWO-STOREY THREE GRANTED CAPPERS HILL BRYNTEG BEDROOMED DETACHED DWELLING on 30/03/2009 WREXHAM LL11 6HY WOR P/2008/1119 PLOT 2 BUCK FARM WILLINGTON CONVERSION OF REDUNDANT BARN TO ONE WITHDRAWN MALPAS SY14 7LX DWELLING AND EXTENSION on 26/03/2009 ESC P/2008/1257 TAN Y LAN BRONWYLFA CONVERSION OF EXISTING BARN AND GRANTED WREXHAM LL14 4LD STABLES TO DWELLING. on 07/04/2009 ESC P/2008/1258 TAN Y LAN BRONWYLFA LISTED BUILDING CONSENT FOR CONVERSION GRANTED WREXHAM LL14 4LD OF EXISTING BARN AND STABLES TO on 07/04/2009 DWELLING. GWE P/2009/0026 STANSTY PARK MOLD ROAD · FELL 1 BEECH (T47) REFUSE/GRANT STANSTY WREXHAM LL11 4YG · CROWN REDUCE 1 ROBINA BY 50% (T44) on 25/03/2009 · REDUCE SPREAD OF 1 BEECH BY 3M (T49) · CROWN REDUCE 1 SYCAMORE BY 10M (T67) · REDUCE SIDE SPREAD OF 1 BEECH BY 20% (T73) · REDUCE SIDE SPREAD OF 1 BEECH BY 10% (T110) GRE P/2009/0033 THE CROFT HOUSE OLD WREXHAM DEMOLITION OF EXISTING HOUSE AND GRANTED ROAD GRESFORD WREXHAM LL12 GARAGE AND ERECTION OF NEW on 31/03/2009 8UA REPLACEMENT DWELLING AND GARAGE. GRE P/2009/0054 ELMS MEADOW VICARAGE LANE ALTERATIONS TO DWELLING GRANTED GRESFORD WREXHAM LL12 8UT on 26/03/2009 MAE P/2009/0061 CORNER BARN OVERTON ROAD AMENDMENT TO PREVIOUSLY APPROVED GRANTED PENLEY WREXHAM LL13 0LU BARN CONVERSION SCHEME AS ALLOWED on 14/04/2009 UNDER CODE NO. P/2005/0422 AND ERECTION OF NEW STABLE BUILDING (PARTLY IN RETROSPECT) MAE P/2009/0062 CORNER BARN OVERTON ROAD LISTED BUILDING CONSENT FOR ALTERATIONS GRANTED PENLEY WREXHAM LL13 0LU TO ALLOW CONVERSION TO DWELLING. on 15/04/2009 RUA P/2009/0092 LAND ADJOINING THE LAKE SITING OF TIMBER FISHERMANS CABIN WITHDRAWN WYNNSTAY HALL ESTATE RUABON on 01/04/2009 WREXHAM LL14 6LL BRN P/2009/0096 MAELOR FOREST NURSERIES LTD ERECTION OF MULTI-SPAN POLYTUNNELS GRANTED FIELDS FARM BRONINGTON on 06/04/2009 WHITCHURCH SHROPSHIRE SY13 3HZ RUA P/2009/0098 2 BRYN BARNS PEN Y LAN RUABON CONSERVATORY EXTENSION (IN REFUSED WREXHAM LL14 6HW RETROSPECT) on 26/03/2009 Page No 105

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009

WRC P/2009/0101 QUEENSWAY SPORTS COMPLEX CONSTRUCTION OF NEW SKILLS CENTRE GRANTED QUEENSWAY WREXHAM LL13 8UH COMPRISING SINGLE STOREY, TWO STOREY on 09/04/2009 AND THREE STOREY ELEMENTS. HAN P/2009/0106 HANMER MILL FARM HANMER ERECTION OF NEW SLURRY STORE AND NEW GRANTED WHITCHURCH SHROPSHIRE SY13 CUBICLE BUILDING FOR 88 COWS on 09/04/2009 3EF RHO P/2009/0108 CAE ENION FARM HALL LANE AMENDED FARM ENTRANCES, FIELD REFUSED RHOSLLANERCHRUGOG WREXHAM FENCING/GATES, BOUNDARY WALLS AND on 31/03/2009 LL14 1TG ANCILLARY WORKS. ERECTION OF NEW FARM BUILDINGS. RUA P/2009/0109 4 MILLBROOK STATION ROAD FELL 1 NO. ASH TREE, 3 NO. BIRCH TREES, 4 WITHDRAWN RUABON WREXHAM LL14 6DL NO. SYCAMORE TREES AND 1 NO. ELM TREE. on 16/04/2009 CROWN RAISE BY 3.5 METRES 3 NO. SYCAMORE TREES (WITHIN A CONSERVATION AREA) WRO P/2009/0110 67 REGENT STREET WREXHAM DISPLAY OF SIGNAGE TO SIDE OF BUILDING WITHDRAWN LL11 1PF on 17/04/2009 OVE P/2009/0113 BRYN HOVAH FARM BANGOR CHANGE OF USE OF AGRICULTURAL PADDOCK GRANTED ROAD OVERTON-ON-DEE TO FORM ALL WEATHER SCHOOLING MENAGE on 25/03/2009 WREXHAM LL13 0HN FOR PERSONAL USE GRE P/2009/0115 THE WARREN PANT LANE SINGLE STOREY EXTENSION TO PROVIDE GRANTED GRESFORD WREXHAM LL12 8EU UTILITY ROOM AND EXTENSION TO EXISTING on 25/03/2009 FAMILY ROOM. HOL P/2009/0117 BAKERS COTTAGE BUCK ROAD GROUND FLOOR EXTENSION AND REFUSED COMMONWOOD HOLT WREXHAM REPLACEMENT OF FLAT ROOF WITH PITCHED on 30/03/2009 LL13 9TF ROOF MAR P/2009/0119 1 BRECK CLOSE MARCHWIEL REAR EXTENSION AND PITCHED ROOF TO GRANTED WREXHAM LL13 0PS GARAGE on 31/03/2009 ABE P/2009/0120 LAND ADJACENT TO THE APEX ERECTION OF STEEL FRAMED METAL CLAD GRANTED CENTRE CLYWEDOG ROAD SOUTH AND FACING BRICK BUILDING SUB-DIVIDED on 31/03/2009 WREXHAM INDUSTRIAL ESTATE INTO 5 SELF-CONTAINED UNITS WREXHAM LL13 9XS CHI P/2009/0121 CO-OP STORE HOLYHEAD ROAD · CONSTRUCTION OF RAMPED APPROACH TO GRANTED CHIRK WREXHAM LL14 5NA STORE ENTRANCE WITH HANDRAIL on 14/04/2009 · ERECTION OF 2.0M HIGH STEEL PALISADE BOUNDARY FENCE TO REAR · INSTALLATION OF EXTERNAL REFRIGERATION PLANT · ALTERATIONS TO REAR ACCESS RAMP AND SECURE GATE TO PLANT · 1 NO 20M X 8M CONTAINER AND ADDITIONAL CCTV CAMERAS TO REAR SERVICE YARD HOL P/2009/0129 CLAYS FARM GOLF CLUB BRYN ERECTION OF SAFETY NETTING GRANTED ESTYN ROAD LLAN Y PWLL on 14/04/2009 WREXHAM LL13 9UB GRE P/2009/0132 39 ANNEFIELD PARK GRESFORD CONVERSION OF LOFT INCLUDING INSERTION GRANTED WREXHAM LL12 8NR OF NEW WINDOWS AND DORMER EXTENSION. on 02/04/2009 NEW PORCH TO FRONT OF PROPERTY AMENDMENT TO PREVIOUSLY GRANTED UNDER CODE NO. P/2008/0684 GRE P/2009/0134 8 REDLAND CLOSE GRESFORD SINGLE STOREY REAR EXTENSION GRANTED WREXHAM LL12 8HP on 26/03/2009 CHI P/2009/0135 RECREATION GROUND STATION REMOVE EPICORMIC SHOOTS FROM AROUND GRANTED AVENUE CHIRK WREXHAM LL14 THE BASE OF 16 LIME TREES FOR A PERIOD OF on 15/04/2009 5LS 5 YEARS AND PRUNE BACK BRANCHES FROM STREET LIGHT BY UP TO 3 METRES IN LENGTH ON 1 LIME STREET (TPO No. WMBC 59) CHI P/2009/0136 CHIRK CEMETERY TREVOR ROAD CROWN LIFT TO 3 METRES AND REMOVE 1 GRANTED CHIRK WREXHAM LL14 5HD SATELLITE STEM ON 1 WESTERN CEDAR, on 14/04/2009 SECONDARY STEM BY 15 - 20% ON 1 HORSE CHESTNUT AND CROWN LIFT TO 3 METRES 14 RED CEDARS Page No 106

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CHI P/2009/0137 RECREATION GROUND STATION CROWN REDUCTION TO 6 METRES FROM GRANTED AVENUE CHIRK WREXHAM LL14 GROUND LEVEL AND TRIM BACK ALL SIDES OF on 14/04/2009 5LS CROWN BY 1.5 METRES IN LENGTH 1 OAK (T19) AND PRUNE BACK LOWEST BRANCHES ON EASTERN SIDE OF CROWN BY UP TO 4 METRES IN LENGTH, PRUNING BACK TO APPROPRIATE SUB-LATERAL BRANCHES 1 OAK (T25) ROS P/2009/0138 BALLS HALL BURTON ROAD ERECTION OF 27. 4M X 24.4M SPAN STEEL GRANTED ROSSETT WREXHAM LL12 0HY PORTAL BUILDING WITH LANDSCAPING. on 16/04/2009 MIN P/2009/0139 TYN Y CAPEL INN CHURCH ROAD ALTERATIONS TO FORMER WITHDRAWN MINERA WREXHAM LL11 3DA RESTAURANT/FUNCTION ROOM TO FORM on 20/04/2009 LIVING ACCOMMODATION FOR OWNER/MANAGER. WOR P/2009/0140 THE BARN FOXWOOD ERECTION OF GREENHOUSE GRANTED WORTHENBURY WREXHAM LL13 on 31/03/2009 0BX GRE P/2009/0141 LAND ADJACENT TO ASHGROVE ERECTION OF MEDICAL CENTRE WITHDRAWN NURSING HOME CHESTER ROAD on 02/04/2009 GRESFORD WREXHAM LL12 8PP BRN P/2009/0145 HENRWST SMITHY HIGHER WYCH CONVERSION OF EXISTING SMITHY AND BARN GRANTED MALPAS WREXHAM SY13 3AU TO 2 NO. LETTABLE COTTAGES FOR TOURISM on 17/04/2009 AND ALTERATIONS TO ACCESS. WRO P/2009/0146 PLAYING FIELDS COURT ROAD SITING OF 2 NO. STEEL CONTAINERS TO GRANTED WREXHAM LL13 7RH STORE EQUIPMENT on 15/04/2009 CHI P/2009/0148 8 MIDDLETON TERRACE CHIRK TWO STOREY SIDE EXTENSION TO FORM GRANTED WREXHAM LL14 5PS LOUNGE AND ADDITIONAL BEDROOM SUITE. on 31/03/2009 BAN P/2009/0149 4 CHESTER WAY BANGOR PROVISION OF EN-SUITE SHOWER ROOM, SUN GRANTED ISYCOED WREXHAM LL13 0JQ ROOM AND PITCHED ROOFS on 31/03/2009 RHO P/2009/0151 LAND AT HAND LANE PONCIAU ERECTION OF DWELLING GRANTED WREXHAM LL14 1ET on 31/03/2009 HOL P/2009/0152 ACADEMY HOUSE CASTLE STREET REPLACEMENT OF EXISTING WOODEN REFUSED HOLT WREXHAM LL13 9YH WINDOWS WITH WHITE HARMONY COMPOSITE on 17/04/2009 ALUMINIUM/PVC DOUBLE GLASED WINDOWS WRO P/2009/0153 57 FFORDD GLYN WREXHAM LL13 ALTERATIONS AND EXTENSIONS GRANTED 7QW on 15/04/2009 MIN P/2009/0155 FRON ALED WERN BERSHAM REMOVAL OF AGRICULTURAL OCCUPANCY GRANTED WREXHAM L L14 4LU RESTRICTION CONDITION IMPOSED UNDER on 26/03/2009 PLANNING CODE ESA/6/9166 DATED 11 AUGUST 1982 LLA P/2009/0157 LAND ADJACENT TO 36 WATS DYKE ERECTION OF 2 STOREY 3 BEDROOM REFUSED LLAY WREXHAM LL12 0RA DWELLING on 16/04/2009 LLA P/2009/0158 36 WATTS DYKE LLAY WREXHAM TWO-STOREY EXTENSION INCORPORATING REFUSED LL12 0RA GARAGE, KITCHEN EXTENSION AND BEDROOM on 16/04/2009 RHO P/2009/0160 9 Y FRON JOHNSTOWN WREXHAM TWO-STOREY EXTENSION TO SIDE OF GRANTED LL14 1UP DWELLING on 03/04/2009 ABE P/2009/0161 BARCLAYS BANK BRIDGE ROAD INSTALL REPLACEMENT FASCIA AND GRANTED WREXHAM INDUSTRIAL ESTATE PROJECTING SIGNS ON FRONT ELEVATION on 31/03/2009 WREXHAM LL13 9PS AND DISPLAY OF NEW FASCIA SIGN ON SIDE ELEVATION PEN P/2009/0162 27 AFONEITHA ROAD PEN Y CAE ERECTION OF NEW PITCHED ROOF OVER GRANTED WREXHAM LL14 2DH EXISTING FLAT ROOF on 31/03/2009 BRY P/2009/0163 CLAWDD OFFA BRYMBO ROAD RETENTION OF 2 NO PLASTIC POLYTUNNELS GRANTED BRYMBO WREXHAM LL11 5LU (PREVIOUSLY GRANTED UNDER CODE No. on 31/03/2009 P/2006/1179) Page No 107

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GWE P/2009/0164 45 WESTBURY DRIVE PANDY SINGLE STOREY REAR EXTENSION GRANTED WREXHAM LL12 8PZ on 02/04/2009 WRC P/2009/0165 218 Y WERN WREXHAM LL13 8UB REAR DINING ROOM AND STORE EXTENSION GRANTED AND FRONT ENTRANCE PORCH on 31/03/2009 RUA P/2009/0166 25 SPINNEY WALK RUABON CONSERVATORY EXTENSION TO REAR GRANTED WREXHAM LL14 6TE on 22/04/2009 GRE P/2009/0168 71 STANCLIFFE AVENUE MARFORD SINGLE STOREY FRONT EXTENSION GRANTED WREXHAM LL12 8LN INCLUDING INSERTION OF NEW WINDOWS on 08/04/2009 ROS P/2009/0169 BABKEN STATION ROAD ROSSETT REMOVAL OF CONSERVATORY AND ERECTION GRANTED WREXHAM LL12 OHE OF SINGLE STOREY REAR EXTENSION on 31/03/2009 WRR P/2009/0171 A 2 B TAXIS REAR OF 1 - 2 HIGH REMOVAL OF CONDITIONS 1 AND 3 OF REFUSED STREET WREXHAM LL13 8HP PLANNING PERMISSION CODE No. P/2008/0089 on 09/04/2009 RELATING TO TEMPORARY AND RESTRICTED USE OF TAXI OFFICE ESC P/2009/0173 6 KENSINGTON CLOSE BERSHAM ERECTION OF CONSERVATORY AT REAR OF GRANTED WREXHAM LL14 4FA PROPERTY (PARTLY IN RETROSPECT) on 31/03/2009 BAN P/2009/0174 SPRINGBANK OVERTON ROAD SINGLE STOREY REAR EXTENSION GRANTED BANGOR ON DEE WREXHAM LL13 on 15/04/2009 0BY ESC P/2009/0177 7 ERDDIG CLOSE RHOSTYLLEN SINGLE STOREY EXTENSION TO SIDE OF GRANTED WREXHAM LL14 4BQ PROPERTY AND INTERNAL ALTERATIONS TO on 17/04/2009 EXISTING DWELLING TO PROVIDE BEDROOM AND BATHROOM FACILITIES FOR DISABLED PERSON. BRO P/2009/0178 WILBER COED EFA LANE NEW SIDE EXTENSION TO DWELLING GRANTED BROUGHTON WREXHAM LL11 6YW on 15/04/2009 WRO P/2009/0179 UNIT 2 FELIN PULESTON RUABON ERECTION OF FRONT ELEVATION SIGNAGE WITHDRAWN ROAD WREXHAM LL13 7RF on 22/04/2009 WRO P/2009/0180 UNIT 2 FELIN PULESTON RUABON ERECTION OF 6M HIGH SERVICE SIGNAGE REFUSED ROAD WREXHAM LL13 7RF on 15/04/2009 LLA P/2009/0182 ZOZAN KEBAB HOUSE & FISH AND VARIATION OF CONDITION No. 2 IMPOSED REFUSED CHIPS MARKET SQUARE LLAY UNDER PLANNING PERMISSION CODE No. on 08/04/2009 WREXHAM LL12 0SA P/2006/1477 TO EXTEND HOURS OF OPENING OF HOT FOOD TAKE-AWAY FROM 10.00 - 22.00 TO 10.00 - 23.30 WRR P/2009/0185 21 FFORDD MEIRIONYDD FIRST FLOOR BEDROOM AND EN-SUITE GRANTED WREXHAM LL11 2LA EXTENSION OVER EXISTING GROUND FLOOR on 03/04/2009 SINGLE GARAGE LLR P/2009/0189 BLAENAU DWR FRONCYSYLLTE RENEWAL OF PLANNING PERMISSION FOR WITHDRAWN LLANGOLLEN WREXHAM LL20 7RY EXTENSION AND ALTERATIONS TO HOUSE AND on 16/04/2009 GRANNY FLAT AND ERECTION OF NEW GARAGE. WRC P/2009/0192 85 KINGSMILLS ROAD WREXHAM RELAXATION OF CONDITION 16 OF PLANNING GRANTED LL13 8NN PERMISSION CODE NO P/2008/0203 TO ALLOW on 22/04/2009 ACCESS GATES TO BE REPLACED WITHIN 6.6M WIDE SLIDING GATES WRA P/2009/0193 22 BIESTON CLOSE WREXHAM ERECTION OF FRONT PORCH GRANTED LL13 9SZ on 17/04/2009 RHO P/2009/0196 89 BANGOR ROAD JOHNSTOWN SINGLE STOREY EXTENSION TO FORM FRONT GRANTED WREXHAM LL14 6HE PORCH AND CLOAKROOM on 15/04/2009 WRC P/2009/0198 FERNDALE VILLA 25 MANLEY ROAD AMENDMENT TO PREVIOUS PLANNING GRANTED WREXHAM LL13 8HD APPROVAL P/2008/0338 - DEMOLITION OF on 15/04/2009 EXISTING TIMBER GARAGE, ERECTION OF NEW DRIVE THROUGH GARAGE WITH BEDROOM AND BATHROOM OVER. Page No 108

REPORT OF THE CHIEF PLANNING OFFICER – 5 May 2009 COE P/2009/0203 RED ROSE RESTAURANT 45-47 CONTINUED ANCILLARY USE OF HOME GRANTED HIGH STREET COEDPOETH DELIVERY AND TAKEAWAY SERVICE on 17/04/2009 WREXHAM WREXHAM LL11 3SA (VARIATION OF CONDITION NO. 1 OF PLANNING PERMISSION CODE NO. P/2008/0251). ISY P/2009/0206 PREMIER HOUSE OAK ROAD DISPLAY OF 2 'A' BOARD SIGNS AND 1 FASCIA REFUSED WREXHAM INDUSTRIAL ESTATE SIGN (IN RETROSPECT) on 22/04/2009 WREXHAM LL13 9PQ WRO P/2009/0208 LAND AT RANGE ROAD HIGHTOWN ERECTION OF DETACHED 2 BEDROOM REFUSED WREXHAM LL13 7BN DWELLING on 15/04/2009 LLA P/2009/0209 21 FFORDD MORGAN LLAY SUN ROOM EXTENSION GRANTED WREXHAM LL12 0RR on 22/04/2009 GRE P/2009/0210 49 BODWYN CRESCENT EXTENSION TO REAR OF EXISTING DWELLING GRANTED GRESFORD WREXHAM LL12 8NQ on 16/04/2009 HAN P/2009/0216 OAK VILLA HORSEMANS GREEN RENEWAL OF OUTLINE PLANNING PERMISSION GRANTED ROAD HORSEMANS GREEN FOR ERECTON OF 2 STOREY THREE BEDROOM on 22/04/2009 WHITCHURCH SY13 3DZ DWELLING (PREVIOUSLY GRANTED UNDER CODE NO. P/2003/1289) GRE P/2009/0217 1 YEW TREE COURT PANT LANE ALTERATIONS AND EXTENSION GRANTED GRESFORD WREXHAM LL12 8ET on 17/04/2009 ROS P/2009/0223 BALLS HALL FARM BURTON ROAD EXTENSION TO TWO AGRICULTURAL GRANTED ROSSETT WREXHAM LL12 0HY BUILDINGS on 17/04/2009 ESC P/2009/0233 THISTLEDEW HOUSE SCHOOL FIRST-FLOOR EXTENSION OVER EXISTING GRANTED STREET RHOSTYLLEN WREXHAM DINING ROOM AND NEW PITCHED ROOF TO on 22/04/2009 LL14 4AN KITCHEN